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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 570

CONDITIONAL RELEASE OF YOUTHS

859-570-0005

Cases of Court Conditional Release

Upon receipt of the judgment order where the court has placed the youth on conditional release, the Board shall review each court conditional release file at a full hearing. In those cases the Board may:

(1) Issue an order continuing the court order of conditional release when all the elements of the conditional release plan are in accordance with procedures set forth in Division 570.

(2) Issue a modification of the court order of conditional release when, upon review, the conditional release plan has changed, has not been set out in sufficient detail or requires additional conditions.

(3) Issue an order of revocation in accordance with provisions set forth in Division 580.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.327, 161.332, 161.336, 161.346, 419C.520, 419C.529, 419C.532, 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-570-0010

Conditional Release Planning for Youths in Secure Facilities

(1) In determining whether an order of conditional release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the youth. The Department of Human Services or Oregon Health Authority is responsible for and shall prepare the conditional release plan. In order to carry out the conditional release plan, the Department may contract with a community mental health program, other public agency or Private Corporation, or an individual to provide evaluations for community placement, supervision and treatment.

(2) Conditional Release Evaluation.

(a) If the Board finds the youth may be treated and controlled in the community, the Board shall order an evaluation of the youth by a community mental health or development disabilities agency for community placement.

(b) If staff of the designated secure facility determines that a youth may be ready for conditional release, the staff may request that the Board order an evaluation for community placement. That request shall be accompanied by a current treatment note update signed by the youth’s treating psychiatrist.

(c) If the Board orders an evaluation for community placement, the designated evaluator shall review the youth's exhibit file and evaluate the youth in person to determine if the youth is appropriate for conditional release. The evaluator shall provide a written report to the board with its findings.

(A) If the community agency agrees that the youth is appropriate for conditional release and that it has the necessary treatment and is willing to accept supervision for the youth, the evaluation shall include proposed conditions of release. The treatment plan may include, but is not limited to, individual counseling, group counseling, home visits, prescription of medication, and any other treatment for any co-morbid condition such as substance abuse recommended by the provider(s) and approved by the Board. The provider must agree to have a designated individual that will have primary reporting responsibility to the Board, including the following responsibilities:

(i) Notify the Board in writing of the youth's progress at least once a month;

(ii) Notify the Board promptly of any grounds for revocation under OAR 859-080-0010;

(iii) Notify the Board promptly of any significant changes in the youth’s mental status;

(iv) Notify the Board promptly of any significant changes in the implementation of the conditional release plan; and

(v) Coordinate and monitor all elements of the conditional release plan. The youth shall sign a form agreeing to comply with the proposed conditions of release. This signed form shall be submitted with the request for conditional release. The conditions shall include notice that if the youth leaves the state without authorization of the Board, the youth may be charged with a new crime of Escape II.

(B) If the community agency does not find that community placement is appropriate for the youth, the evaluator's written report shall outline the reasons for its findings and any recommendations for future treatment.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.332, 161.336, 161.341, 161.346 161.390, 419C.520
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-570-0015

Board Order of Conditional Release

If the Board finds the youth may be treated and controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the youth placed on conditional release. In making that determination, the Board may consider the testimony and exhibits at the hearing regarding the youth's behavior in the secure facility including the youth's progress, insight and responsibility taken for the youth's own behavior.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.532, 419C.538, 419C.540
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-570-0020

Conditional Release Order

(1) The Board shall impose any or all of the following elements in a conditional release plan that are appropriate and necessary to insure the safety of the public:

(a) Housing: must be available for the youth and may include 24-hour staffed housing, a supervised group home, foster care, supported housing, housing with relatives or independent housing;

(b) Mental health treatment: which may include individual and/or group counseling as well as medication management;

(c) Substance abuse treatment: which may include random urinalysis and attendance at self-help groups;

(d) Structured activity: such as schooling or employment;

(e) Monitoring and supervision: which shall include home visits;

(d) Other conditions including, but not limited to, prohibition of the consumption of alcohol and non-prescribed drugs; observation by a designated individual of each ingestion of medication; sex offender assessment and treatment; and prohibition against driving.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532, 419C.538
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-570-0025

Modification Of/Discharge From Conditional Release

(1) Modification. Modification of an order of conditional release may be proposed by the youth, the person supervising the youth, or staff of the mental health facility providing treatment to the youth, or the Board on its own motion upon a review of the status of the youth.

(a) Modifications of conditional release may be considered by the Board at a hearing after giving proper notice.

(b) The individual designated by the Board as having primary reporting responsibility shall provide the Board with a written summary of the youth’s progress which shall include the specific nature of the request for modification, evidence of recent behavior supporting the modification and any evidence of recent behaviors that would not support modification, as well as what precautions will be taken to off-set any changes in plan.

(c) If the Board considers the request for modification at a full hearing, the designated individual having primary reporting responsibility shall be available to testify, in person, if possible, or telephonically on these issues at the Board hearing.

(2) Discharge.

(a) A request for discharge from Board jurisdiction may be proposed by the youth on conditional release, the person supervising the youth, or the staff of the facility providing treatment to the youth.

(b) This request shall be accompanied by a psychiatric/psychological evaluation of the youth that has been performed within 30-days of the hearing date by his community treatment practitioner. This evaluation shall address what the youth’s current diagnosis is; whether the mental disease/defect is active or in remission; and whether the youth’s mental disease and defect, with reasonable mental probability, will occasionally become active, and when active, render the youth a substantial danger to others. This report shall be submitted to the Board no later than 10 days prior to hearing. The individual making the request shall be available to testify in person, if possible, or telephonically on these issues at the Board hearing. The psychiatrist/psychologist evaluator shall also be available to testify either in person or by phone.

(c) All requests for discharge shall be considered only at a full hearing.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532, 419C.538
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-570-0030

Evaluation and Reports

All reports and evaluations received on the youth's fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the board’s record.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532, 419C.538
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-570-0035

Out-of-State Conditional Release Order

The Board may consider and approve a conditional release plan to have the youth reside out of state.

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532, 419C.538
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

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