Or. Admin. Code § 859-060-0015
Current through Register Vol. 63, No. 12, December 1, 2024
Section 859-060-0015 - Initial Hearing(1) After being placed under the jurisdiction of the Board and committed to a state hospital, the person shall have an initial hearing before the Board to determine whether the person should be committed, conditionally released, or discharged: (a) At an initial hearing, the Board shall make a finding on the issue of presence of qualifying mental disorder and dangerousness and may base it on the court's findings and any additional information received.(b) If the Board finds at its initial hearing that the person is affected by a qualifying mental disorder, presents a substantial danger to others and is not a proper subject for conditional release, the Board shall order the person committed to, or retained in, a state hospital designated by the Oregon Health Authority for custody, care, and treatment.(c) If the Board finds the person is still affected by a qualifying mental disorder and is a substantial danger to others but can be adequately controlled with treatment and supervision if conditionally released, the Board shall find the person appropriate for conditional release and shall follow procedures set forth in Division 70.(d) If the Board makes a finding that the person is no longer affected by a qualifying mental disorder or is no longer a substantial danger to others, the Board shall order the discharge of the person from jurisdiction.(2) After being placed under the jurisdiction of the Board and conditionally released by the court, the person shall have an initial review hearing before the Board to determine whether the person should be committed to a state hospital, continued on conditional release, or discharged.(a) If the Board finds at its initial review hearing that the person is affected by a qualifying mental disorder, presents a substantial danger to others and is not a proper subject for conditional release, the Board shall order the person committed to a state hospital designated by the Oregon Health Authority for custody, care and treatment.(b) If the Board finds the person is still affected by a qualifying mental disorder and is a substantial danger to others but can be adequately controlled with treatment and supervision, the Board shall find the person appropriate for continued conditional release.(c) The Board may issue a modification of the court order of conditional release when, upon review, elements of the plan have changed, have not been set out in sufficient detail or additional conditions are needed.(d) If the Board makes a finding that the person is no longer affected by a qualifying mental disorder or is no longer a substantial danger to others, the Board shall order the discharge of the person from jurisdiction.Or. Admin. Code § 859-060-0015
PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 7-2017, amend filed 12/07/2017, effective 1/1/2018; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346 & ORS 161.327