Or. Admin. Code § 859-050-0095

Current through Register Vol. 63, No. 11, November 1, 2024
Section 859-050-0095 - Examination of Person Under Jurisdiction of the Board
(1) The Board may appoint a psychiatrist, psychiatric mental health nurse practitioner, or licensed psychologist to examine the person and submit a jurisdictional report to the Board, including an opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision:
(2) The attorney representing the state may choose, at the state's expense, a psychiatrist or licensed psychologist to examine the person.
(a) The jurisdictional report will include a written opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled on conditional release with treatment and supervision.
(b) The attorney for the state will file a written notice of intent to conduct an examination. This notice may include a request for a continuance of the scheduled hearing in order to allow time for the requested examination.
(3) The attorney for the patient/outpatient may file a written request for the Board to appoint a psychiatrist or licensed psychologist to examine the patient/outpatient at the Public Defense Services Commission's expense. The attorney may request a continuance of the scheduled hearing in order to allow time for the requested examination.
(4) The Board, regardless of whether a request for examination is made by the Board, the State, the person's attorney or the patient, may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination.

Or. Admin. Code § 859-050-0095

PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 5-2016, f. & cert. ef. 3/17/2016; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.346