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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 560

HEARINGS BEFORE THE
JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD

859-560-0005

Issues

At any hearing before the Board, the issues considered shall be limited to those relevant to the purposes of the hearing. Notice of intent to raise new issues shall be given to the Board in writing at least 10 days prior to the hearing. If new issues are raised, the Board may continue the hearing to consider the issues and give the parties an opportunity to submit legal memoranda and/or additional evidence.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-560-0010

Primary Concern: Protection of Society

In determining whether a youth should be committed to a state secure facility, conditionally released or discharged, the Board shall have as its primary concern the protection of society. In considering the issue of dangerousness, the Board may hear testimony on whether the youth's mental disease or defect may, with reasonable medical probability, occasionally become active, and when active, render the youth a danger to others. The Board shall not discharge a youth for whom there is a finding of dangerousness.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.336, 161.341, 161.346, 161.351, 419C.532, 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-560-0015

Issues and Findings to Be Addressed At Hearings

(1) Issues To Be Addressed At Hearings:

(a) At each and every hearing before the Board, the Board shall determine whether the youth is affected by a serious mental condition or a mental disease or defect and presents a substantial danger to others, whether the youth can be adequately controlled in the community with treatment and supervision, and whether the necessary supervision and treatment services are available.

(b) At a revocation hearing, the Board shall determine whether the revocation was appropriate based on the reasonable grounds listed in OAR 859-580-0010 and whether the youth may be continued on conditional release or should be committed to a secure facility.

(2) Findings at a hearing: At each statutory hearing before the Board, the Board shall make findings regarding the requisite jurisdictional elements. In addition:

(a) If the Board finds the youth is properly under its jurisdiction and not a proper subject for conditional release, the Board shall order the youth committed to, or retained in, a secure in-patient facility for custody, care and treatment.

(b) If the Board finds the youth is properly under its jurisdiction but can be adequately controlled with treatment and supervision if conditionally released yet a verified conditional release plan has not been developed, the Board shall find the youth appropriate for conditional release.

(c) If the Board finds the youth is properly under its jurisdiction but can be adequately controlled with treatment and supervision and that treatment and supervision are currently available and the Board approves of the plan and proposed conditions, the Board shall order the youth placed on conditional release.

(d) If the Board finds that the youth no longer meets the legal criteria for jurisdiction, the Board shall order the discharge of the youth from jurisdiction.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-560-0045

Mandatory Hearings

The Board shall have periodic mandatory hearings for all youth pursuant to ORS chapter 419C; annually for youth residing in a secure child or adolescent inpatient program and every 3 years for a youth on conditional release.

(1) In both of these types of hearings:

(a) Youth shall not be allowed to waive this hearing;

(b) If the youth refuses to attend, the Board shall proceed with the hearing in the youth’s absence after ascertaining that the youth has received proper notice and is knowingly absenting himself or herself.

(2) The three year hearing shall be set as close to the thee-year date as possible, but shall be held no later than 30 days after the expiration of the three-year period, and shall be combined with any other scheduled hearing for the youth.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.336, 419C.542
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-560-0050

Status Hearing

(1) The Board may hold a hearing on its own motion at any time to review the status of a youth to determine whether modification, revocation, any other change in conditional release or a status is warranted.

(2) The Board may order the youth to appear at a status hearing.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.336, 161.346, 419C.532, 419C.538, 419C.540, 419C.542, 419C.544
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

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