OAR 859-200-0070: Board Hearing Types and Issues

(1) Initial Hearings (a) The Board shall conduct an initial hearing following each period of civil commitment ordered by a circuit court under ORS 426.701, no earlier than six (6) months after the commencement of the commitment period, except as described in section (d) of this rule. For each subsequent period of commitment, the Board shall conduct further hearings only upon entry of a new judgment committing the person to the Board’s jurisdiction. (b) An examiner described in OAR 859-200-0145 shall submit an examination report described in OAR 859-200-0147 no less than sixty (60) days prior to the hearing. If the examiner’s report indicates that the person does not meet the criteria for continued commitment, the district attorney from the committing county may concurrently request that the court in the county where the criminal charges were initiated order an evaluation to determine the person’s fitness to proceed in the criminal case. (c) At an initial hearing, the Board shall determine whether the person continues to meet jurisdictional criteria. If the Board finds that jurisdictional criteria are not met, the person shall be discharged. If the Board finds that jurisdictional criteria are met, the Board shall determine the appropriate placement, including whether the person should remain in a state hospital, be conditionally released, or whether a community evaluation should be ordered. (d) For subsequent periods of commitment only, the Board may conduct a hearing prior to the initial hearing upon receipt of a hospital request for conditional release or outpatient supervisor request for modification. If all parties agree, the Board may treat such hearing as the initial hearing and make determinations regarding both jurisdictional criteria and placement. In the absence of agreement by all parties, the hearing shall be limited to issues of placement only and shall not satisfy the requirement to conduct an initial hearing. (2) Revocation Hearings (a) A revocation hearing will be held within thirty (30) days of a person’s return to the state hospital as a result of a PSRB Order of Revocation. (b) At a revocation hearing, the Board's review is limited to the appropriateness of the revocation. The Board shall determine whether the person can be continued on conditional release or should be committed to the state hospital. The Board may also consider a request for evaluation at a revocation hearing. (3) Hospital Request for Conditional Release Hearings (a) At any time while a person is committed to the state hospital, the hospital may apply to the Board for conditional release if it is the hospital’s opinion that the person continues to have a qualifying mental disorder that is resistant to treatment and makes the person extremely dangerous, but can be safely managed in the community with proper care, medication, supervision, and treatment. (b) A hospital request for conditional release must be accompanied by a report from a member of the person’s treatment team outlining the facts supporting the request, as well as a verified conditional release plan. The report shall include relevant information consistent with the examination content requirements set forth in these rules, as necessary to assist the Board in making its determination. (c) At a hearing on a hospital request for conditional release, the Board's review is limited to determining whether the person can be safely managed in the community and does not reconsider the person’s jurisdictional status, except when the hearing also qualifies as an initial hearing or the request is accompanied by a hospital request for discharge. (4) Hospital Request for Discharge Hearings (a) At any time while a person is committed to the state hospital, the hospital may apply to the Board for the person's discharge if it is the hospital’s opinion that the person no longer meets jurisdictional criteria. (b) An examiner described in OAR 859-200-0145 shall submit an examination report described in OAR 859-200-0147 along with the hospital's request for discharge. (c) Upon receipt of an examination for the purposes of this hearing type, the district attorney from the committing county may concurrently request that the court in the county where the criminal charges were initiated order an evaluation to determine the person’s fitness to proceed in the criminal case. (d) At a hearing on a hospital request for discharge, the Board shall determine whether the person continues to meet jurisdictional criteria. If the Board finds that jurisdictional criteria are not met, the person shall be discharged. If the Board finds that jurisdictional criteria are met, the Board shall determine the appropriate placement, including whether the person should remain in a state hospital, be conditionally released, or whether a community evaluation should be ordered. (5) Outpatient Supervisor Request for Conditional Release Modification Hearings (a) At any time during the person’s conditional release, the outpatient supervisor may request a hearing to amend or modify the person’s conditions of release by submitting a completed Board Modification Request form. (b) The request for the hearing shall be accompanied by a proposed Summary of Conditional Release Plan that reflects the requested modifications and new conditions. (c) At a hearing on a request for conditional release modification, the Board's review is limited to modification(s) being requested and does not reconsider the person’s jurisdictional status, except when the hearing also qualifies as an initial hearing or the request is accompanied by an outpatient supervisor request for discharge. The Board shall determine whether the person can continue to be safely managed in the community with proper care, medication, supervision, and treatment if the proposed modifications are granted. (d) Modifications to a person's conditional release plan may include: adding conditions to the plan, removing conditions from the plan, and/or changing existing conditions in the plan. (e) If there is no objection to the outpatient supervisor's requested modification(s), the hearing may be handled by administrative review. (f) At any time, if either the person or the State objects to the requested conditional release plan modification(s), the person or the State may request a full hearing regarding the requested modification(s) rather than an administrative review. (6) Outpatient Supervisor Request for Discharge Hearings. (a) At any time during a person's conditional release, the PSRB case monitor may apply to the Board for the person's discharge if it is the outpatient supervisor's opinion that the person no longer meets jurisdictional criteria. (b) An examiner described in OAR 859-200-0145 shall submit an examination report described in OAR 859-200-0147 along with the outpatient supervisor's request for discharge. (c) At the hearing, the Board shall determine whether the person continues to meet jurisdictional criteria. If the Board finds that jurisdictional criteria are not met, the person shall be discharged. If the Board finds that jurisdictional criteria are met, the Board shall determine the appropriate placement, including whether the person should remain conditionally released. (7) Certification Hearing (a) Within the last four (4) months of a person's 24-month period of commitment, the Board shall hold a certification hearing to determine whether to certify to the court in the county in which the person was originally committed that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment. (b) One hundred-twenty (120) days prior to the end of each commitment period, an examiner described in OAR 859-200-0145 with the Oregon State Hospital, or the outpatient supervisor if the person is on conditional release, shall submit an examination report as described in OAR 859-200-0147. (c) The Board will provide the parties with the examiner's opinion ninety (90) days prior to the end of the commitment period and schedule an administrative review to determine whether to certify the person for a further period of commitment. (d) If the examiner’s report recommends that the person is not appropriate for another period of commitment, the District Attorney in the commitment county may do either or both of the following: (A) Request the Board schedule a full hearing and take testimony regarding the issue of certification. (B) Request an order from the court in the county where the criminal charges were initiated for an evaluation to determine if the person is fit to proceed in the criminal proceeding. (e) The Board retains the ultimate decision-making authority as to whether or not to certify the person for a further period of commitment. (A) In a case where the examiner recommends, and the Board decides not to certify the person for a further period of commitment, the PSRB will notify the parties without unreasonable delay. (B) A person who is not certified for another period of commitment will nonetheless complete their current period of commitment.