OAR 859-060-0045: Mandatory Two-Year, Five-Year Hearings

The Board shall have periodic mandatory hearings for all patients: (1) Two-year hearing: (a) In no case shall a person be committed and held in a state hospital under the Board’s jurisdiction for a period of time exceeding two years without a hearing before the Board to determine whether the person should be conditionally released or discharged; (b) The Board shall consider whether the person continues to be affected by a qualifying mental disorder, whether the person presents a substantial danger to others, and if the person is affected by a qualifying mental disorder and is a substantial danger to others, whether the person could be adequately controlled if conditionally released. (2) Five-year hearing. Any person who has been under the jurisdiction of the Board and who has resided in the community on conditional release status for five years shall be brought before the Board for a hearing within 30 days of the expiration of the five-year period: (a) The hearing shall be set as close to the five-year date as possible and shall be combined with any other scheduled hearing for the person; (b) The Board shall consider whether the person continues to be affected by a qualifying mental disorder, whether the person presents a substantial danger to others, and if the person is affected by a qualifying mental disorder and is a substantial danger to others, whether the person shall be continued on conditional release. (3) A jurisdictional report is required to schedule these hearing types.