859-200-0005
Background and Purpose of Extremely Dangerous Civil Commitment Program

(1) Senate Bill 421 (2013) created a new type of civil commitment where the person civilly committed is found by the court to be:

(a) Extremely dangerous:

(A) Because the person is at least 18 years old and is exhibiting symptoms or behaviors of a mental disorder substantially similar to those that preceded the act described in ORS 426.701(3)(a)(C); and

(B) Because of a qualifying mental disorder presents a serious danger to the safety of other persons by reason of an extreme risk that the person will inflict grave or potentially lethal physical injury on others; and

(C) Unless committed, will continue to represent an extreme risk to the safety of other persons in the foreseeable future.

(b) Suffers from a qualifying mental disorder that is resistant to treatment; and

(c) Because of the qualifying mental disorder that is resistant to treatment, the person committed one of the acts listed in ORS 426.701(3)(a)(C).

(2) Once committed, the court places the person under the Board for 24 months for supervision and monitoring while under the Board’s jurisdiction. At the end of the 24-month commitment period, the court may recommit the person for additional 24-month commitment periods until such time the person meets the criteria for discharge.

(3) During the period(s) of commitment, persons can be placed at the state hospital, or on conditional release, or discharged.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0010
Rules Applicability

OAR 859-200-0005 through 859-200-0320 apply to a person who a court has civilly committed as an extremely dangerous person with mental illness under ORS 426.701 and who is placed under the jurisdiction of the Psychiatric Security Review Board (PSRB). No other PSRB administrative rules apply to the cases of those civilly committed and placed under the Board’s jurisdiction.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0015
Copies; Cost of Administrative Rules

State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Extremely Dangerous Civil Commitments Program Administrative Rules. Oregon Administrative Rules are available electronically at no charge from the Oregon Secretary of State website or from the Psychiatric Security Review Board’s website.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0020
Definitions

(1) “Administrative review” means a meeting of the Board where a quorum is present and where the Board considers requests for conditional release, requests for community evaluations or modifications to a person's current conditional release plan. At these hearings, parties are not present and testimony is not taken.

(2) “Administrative meeting” means any meeting of the Board where a quorum is present for the purpose of considering matters relating to Board policy and administration. Minutes shall be taken during an administrative meeting and distributed to Board members and interested persons. Minutes shall be voted on and approved at subsequent administrative meetings.

(3) “Community evaluation” is an assessment by a community mental health provider who determines if a person is appropriate for conditional release and if so, under what conditional release plan.

(4) “Commitment county" means the county in which the district attorney filed the initial petition. This is the same as the county in which the person is initially committed as an extremely dangerous person with mental illness under the jurisdiction of the Board.

(5) “Conditional release” means a grant by the court or by the Board for the person to reside outside the state hospital in the community under conditions for monitoring and treatment of the mental disorder resistant to treatment and the mental and physical health of the person.

(6) “Discharge” means that the person is no longer under the jurisdiction of the Board because any of the following occurs:

(a) The Board or Court determines, after a hearing, that the person no longer suffers from a mental disorder that is resistant to treatment or is no longer extremely dangerous; or

(b) The maximum 24-month period of commitment has expired, and the Board has not certified the person for continued treatment.

(7) “Extremely dangerous person with mental illness” or "person" refers to an extremely dangerous person with mental illness who is civilly committed to the jurisdiction of the Board by a court.

(8) "Hearing" means a hearing before the Board to consider any legal matter under its jurisdiction. The parties are provided with an opportunity to be heard, including the submission of evidence and the testimony of witnesses.

(9) “Incident Report” means a report completed by the PSRB case monitor that describes any significant behavioral or mental health changes, serious violations of conditional release requirements, psychotropic medication refusals, or any other information that is relevant to an individual’s ability to be safely managed in a community setting. The incident report should contain the following information:

(a) A description of incident;

(b) A summary of the interventions that were used by community mental health provider staff;

(c) A summary of the debrief with the individual or a summary of why a debrief did not occur; and

(d) Any recommendations on how to mitigate future incidents, including but not limited to modifications to the individual’s conditional release plan.

(10) “Qualifying Mental disorder” means a mental illness that is resistant to treatment. A “qualifying mental disorder” is resistant to treatment if, after receiving care from a licensed psychiatrist and exhausting all reasonable psychiatric treatment, or after refusing psychiatric treatment, the person continues to be significantly impaired in the person’s ability to make competent decisions and to be aware of and control extremely dangerous behavior.

(11) "Mental illness" means:

(a) Any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual’s functioning that is resistant to treatment.

(b) The term “mental illness” does not include an abnormality manifested solely by repeated criminal or otherwise antisocial conduct. The term “mental illness” does not include a disorder constituting solely a personality disorder and excludes a diagnosis of an intellectual disability or developmental disability as defined in ORS 427.005.

(12) “Parties” includes the extremely dangerous person with mental illness and the State of Oregon.

(13) “Psychiatric Security Review Board (PSRB)" or "Board" refers to the Adult Panel of the PSRB.

(14) “Quorum” means the presence of at least three members of the Adult Panel of the Board.

(15) “Recommitment” means any consecutive civil commitment of the person as an extremely dangerous person with mental illness under ORS chapter 426 occurring after another commitment on these grounds.

(16) “Recommitment county” means the county in which the district attorney filed the initial petition. This is the same as the county in which the person was initially committed as an extremely dangerous person with mental illness under the jurisdiction of the Board.

(17) "Supervising individual"; or " PSRB case monitor" means the individual whom the Board has designated as supervising the person on conditional release and who is required to report to the Board regarding the person's status.

(18) “State hospital; hospital” means a state hospital operated by the Oregon Health Authority.

(19) “Victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of one of the acts articulated in ORS 426.701(3)(a)(C) and for whom the extremely dangerous mentally ill person who is under the Board’s jurisdiction. Victims include, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the extremely dangerous mentally ill person be considered a victim.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 3-2021, temporary amend filed 06/18/2021, effective 06/21/2021 through 12/17/2021
PSRB 1-2021, amend filed 02/22/2021, effective 02/22/2021
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0025
Responsibilities of the PSRB regarding Extremely Dangerous Persons with Mental Illness Civil Commitments

The Board shall have as its primary concern the protection of society. In addition, the Board’s responsibilities shall include but not be limited to:

(1) Holding hearings, as required by law, to determine the appropriate residential placement of persons under its jurisdiction;

(2) Overseeing the supervision of persons placed on conditional release in the community, including approving conditional release and modifying conditional release plans, as appropriate; and

(3) Facilitating the certification process at the end of the civil commitment period.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0030
Jurisdiction of Persons under the PSRB; Jurisdictional Criteria

(1) The Board has jurisdiction over persons committed by a court as extremely dangerous persons with mental illness and who continue to meet jurisdictional criteria.

(2) Jurisdictional criteria are the criteria necessary for a person to remain under the Board's jurisdiction and include the following:

(a) The person suffers from a mental disorder that is resistant to treatment; and

(b) The person continues to be extremely dangerous.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0035
Administrative meetings

Three concurring votes are needed to make any decision at an administrative meeting.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0040
Public Meetings Law

(1) All hearings and administrative meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of deliberations of the Board, the term “public” does not include employees of the PSRB.

(2) Administrative reviews consist of deliberations only and are therefore not open to the public.

Statutory/Other Authority: ORS 161.387, 192.690 & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387, 192.690 & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0045
Records

(1) A record shall be kept of all hearings conducted by the Board related to extremely dangerous persons with mental illness under its jurisdiction. The Board shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the Board.

(2) All PSRB hearings, except Panel deliberations, shall be recorded by manual and/or electronic means which can be transcribed. No other record of Panel hearings shall be made. All documents considered at hearings shall be included as exhibits and kept as part of the record. Any material to which an objection is sustained shall not be considered by the Panel. All objections, motions and rulings shall be noted on the record.

(3) Electronic recordings capable of being transcribed shall be kept by the Board for a minimum period of five years from the hearing date. Recordings shall be transcribed from the recording when an appeal is filed unless the Appeals Court authorizes submission of the hearing recording in lieu of a transcript. Once transcribed, the transcript may be substituted for the original record.

(4) Upon request by a party or a party's attorney, the copy of the electronic recording of the proceedings may be made available at a cost of $5.00. The Board’s Executive Director may waive this fee on a case-by-case basis.

(5) Electronic recordings of a hearing, exhibits, or other documents or other information related to the civil commitment of extremely dangerous persons with mental illness are subject to applicable state and federal confidentiality protections, including but not limited to ORS 192.501 through ORS 192.505.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0046
Appearance at Hearings by Remote Means

(1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings.

(a) All participants appearing by remote means, even if solely listening in, are expected to identify who they are or have a designated person, such as the Victim Advocate or patient family member, identify that they are participating. Victims who prefer to attend the hearing anonymously may do so but must contact the PSRB prior to the start of the hearing.

(b) Participants appearing by remote means will be recorded, even if they are muted, by the recording equipment. Therefore, participants are expected to listen to the hearings in a location that will minimize any noise interference, such as television, wind/rain/weather background noise, and conversations with others. When there are multiple participants on the conference line, it is expected that there will be professional decorum.

(c) If Board staff is given prior notice by a participant appearing by remote means with a hearing day contact phone number or e-mail, staff will call or email participants approximately fifteen (15) minutes prior to the start of the hearing if the hearing is not scheduled to occur in-person.

(2) Appearance at hearings by remote means may be used by the Board, persons under the jurisdiction of the PSRB, witnesses or victims when the hearings recording equipment allows for its use. All hearings before the Board will be conducted by remote means unless there is a basis for in-person attendance that cannot be accommodated by remote means.

(a) Either party must request in-person attendance in writing no later than ten (10) business days prior to the scheduled hearing.

(b) Requests for in-person attendance shall contain a basis for the request and some description as to why appearing by remote means is not appropriate for the hearing.

(4) If a hearing is scheduled to occur in-person any party may request the Board order in-person attendance of a witness or person under the jurisdiction of the Board if the written request is made at least 10 business days prior to notice of the hearing. A party needs to give notice to the Board if the party wants in-person presence rather than appearing by remote means of other parties or witnesses. The request shall include the basis or reason for in-person attendance that cannot otherwise be achieved through appearing by remote means.

(5) PSRB Board members may appear by remote means.

(6) Board staff shall ensure that defense counsel can consult with the individual person under the jurisdiction of the Board at any time during a remote hearing in a setting where the attorney-client privilege is not compromised.

(7) The Board will make reasonable accommodations for the known disability of any participant in Board hearings.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

859-200-0050
Purpose of Hearings

The Board conducts hearings for persons committed to its jurisdiction. For the Board to have jurisdiction over those persons, the Board must determine if jurisdictional criteria (see OAR 859-200-0030) exist. If, at the time of the hearing, the jurisdictional criteria are not proven by a preponderance of the evidence, the person must be discharged. If jurisdictional criteria exist at the time of the hearing, the Board then makes a determination about appropriate residential placement of the person based on the record as a whole.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0055
Notice of Hearings; Administrative Reviews

Written notice shall be given to the following persons or entities within a reasonable time prior to any hearing:

(1) The person;

(2) The person's attorney, if represented;

(3) The office of the district attorney of the committing county, or its designee;

(4) The community mental health provider or PSRB case manager, if the person is on conditional release or being proposed for conditional release;

(5) The victim, if the court or Board finds the victim requests notification;

(6) Hospital staff, if the person resides at an Oregon Health Authority hospital;

(7) The county mental health agency in the county where the person resides if the person is on conditional release; and

(8) The office of the district attorney of the county in which the person resides.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0060
Notification of state representation other than the District Attorney from the county of commitment

(1) The Board presumes that the district attorney from the county of commitment will represent the State at all PSRB hearings. If another representative or agency is appointed or designated by the district attorney, such as an Assistant Attorney General or the district attorney in the county of current residence, the district attorney of the county of commitment shall notify the Board within 7 days of that appointment.

(2) The district attorney from the county of commitment, or their designee, shall provide the Board with all court orders.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0065
Information Contained in Notice of Hearing

Written notice shall contain the following:

(1) The nature of the hearing and possible outcomes;

(2) The right to appear at the hearing and present evidence;

(3) The right to be represented by legal counsel and, if the person is without funds to retain legal counsel, the right to have the court appoint legal counsel;

(4) The right to subpoena witnesses

(5) The right to cross-examine witnesses who appear at the hearing; and

(6) The right to examine all reports, documents and information that the board considers, including the right to examine the reports, documents and information prior to the hearing if available.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0070
Types of Hearings/Certification Procedure

(1) Initial 6-Month Hearings

(a) The Board will hold a hearing no less than six months after a court ordering the civil commitment of an extremely dangerous person with mental illness.

(b) The Board will make a finding on the issue of whether or not the person meets jurisdictional criteria. If jurisdiction is not found, the person will be discharged. If jurisdiction is found, the Board will consider whether the person should remain at the hospital, whether the person is appropriate for conditional release, or if a community evaluation should be ordered.

(2) Revocation Hearings.

(a) A revocation hearing will be held within thirty 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 will consider whether the revocation was appropriate and decide 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. At any time while an extremely dangerous person with mental illness 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 be affected by a mental disorder that is resistant to treatment that makes the person extremely dangerous but that the person can be controlled in the community with proper care, medication, supervision and treatment. The hospital request for the person’s discharge should be accompanied by a hospital report prepared by a member of the person's treatment team setting forth the facts supporting the request, and a verified conditional release plan.

(4) Hospital Request for Discharge Hearings. At any time while an extremely dangerous person with mental illness is committed to the state hospital, the hospital may apply to the Board for the person’s discharge if it is the hospital's position that the person no longer meets jurisdictional criteria. The hospital request for the person’s discharge should be accompanied by a report setting forth the facts supporting the request.

(5) Outpatient Supervisor Request for Conditional Release Modification Hearings/Administrative Review

(a) At any time during the person’s conditional release, a PSRB case monitor may request a status hearing to amend or modify the person’s conditions of release. The request for the hearing should be accompanied by a proposed Summary of Conditional Release Plan that reflects the requested modifications.

(b) Modifications to a person's conditional release plan includes: adding conditions to the plan, removing conditions from the plan, and changing existing conditions in the plan.

(c) If there is no objection to the PSRB case monitor’s requested modifications, such requests for modifications may be handled by administrative review.

(d) At any time, if either the person or the State objects to requested conditional release plan modifications, the person or the State may request a full hearing regarding the requested modifications rather than having the modifications considered at an administrative review.

(6) PSRB Case Monitor Request for Discharge Hearings. At any time during the person’s conditional release, the PSRB case monitor may request a hearing for discharge if the treating physician or certified mental health examiner believes the person no longer suffers from a mental disorder that is resistant to treatment or is no longer extremely dangerous. The request for discharge of the person from the Board’s jurisdiction should be accompanied by a report setting forth the facts and evidence upon which the request is based.

(7) Certification at end of commitment period. One hundred-twenty (120) days prior to the end of each commitment period, the Board will request that the Oregon State Hospital or local mental health facility providing treatment to a person on conditional release provide a written opinion on whether the person is still extremely dangerous and suffers from a mental disorder that is resistant to treatment. The treatment team has 20 days from the Board’s request to complete the evaluation and provide the written opinion.

(a) The Board will provide the parties the treatment team’s written opinion 90 days prior to the end of the commitment period.

(b) If the treatment team opines that the person continues to meet jurisdictional criteria, the Board will review the matter administratively and determine whether to certify the person for a further period of commitment.

(c) If the treatment team does not opine that the person continues to meet jurisdictional criteria, the Board will take one of the following actions when determining whether certification is appropriate:

(A) If both parties stipulate to the treatment team’s opinion that recommitment is not appropriate, take no further action; or

(B) At the request of the District Attorney in the commitment county, schedule a full hearing and take testimony regarding the issue of certification.

(d) 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 treatment team 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.

(e) Following the outcome of an administrative or full hearing on the issue of certification, the Board will write a final certification order and the certification shall be served upon the person without unreasonable delay by the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person.

(A) The person serving the certification shall read and deliver the certification to the person and ask whether the person protests a further period of commitment.

(B) Within 14 days, the person may protest a further period of commitment and request a hearing either orally or by signing the Board’s protest form to be given to the superintendent or director who served the certification. The person has the right to consult with legal counsel when deciding whether to protest the further commitment.

(C) The superintendent or director who served the certification and protest form shall immediately submit the signed protest form to the Board.

(f) If the person protests a further period of commitment:

(A) Upon receiving the signed protest form that the person protests a further period of commitment, the Board shall send the certification and signed protest form to the court in the original commitment county.

(B) Upon receiving the certification and signed protest form indicating the person protests a further period of commitment, the court in the original commitment county shall follow the provisions set forth in ORS 426.702(5) through ORS 426.702(6).

(g) If the person does not protest a further period of commitment:

(A) Upon receiving the certification and signed protest form indicating the person does not protest a further period of commitment, the Board shall send the certification and signed protest form to the court in the original commitment county.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 7-2016, f. & cert. ef 3-17-16
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0071
Discharge Recommendations from the State Hospital or Local Mental Health Facility

(1) If the person had unadjudicated criminal charges at the time of the person’s initial commitment under this section and the state hospital or the state or local mental health facility providing treatment to the person intends to recommend discharge of the person at an upcoming hearing, the superintendent of the state hospital or the director of the facility shall:

(a) Submit an application for hearing requesting a discharge from Board jurisdiction.

(b) The notice shall be accompanied by a written report describing how the person’s qualifying mental disorder is no longer resistant to treatment as defined ORS 426.701(1)(c).

(2) Upon notice to the district attorney of the commitment county that a discharge is being requested, the district attorney may request an order from the court in the commitment county for an evaluation to determine if the person is fit to proceed in the criminal proceeding.

(a) The court may order the state hospital or the state or local mental health facility providing treatment to the person to perform the evaluation. The hospital or facility shall provide copies of the evaluation to the district attorney, the person and the person’s legal counsel, if applicable.

(b) The person committed under this section may not waive an evaluation ordered by the court to determine if the person is fit to proceed with the criminal proceeding.

(3) The Board shall set a full hearing to determine the status of the person’s commitment under the jurisdiction of the Board.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

859-200-0072
Further Periods of Commitment

(1) For each subsequent period of commitment, the Board shall hold an initial hearing six months after the expiration of the previous period of commitment.

(2) A new order signed by the court in the commitment is required for the Board to hold that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

859-200-0075
Chairperson Conducting Hearing

During all hearings of the Board, the chairperson or acting chairperson shall preside. The chairperson shall designate the order of presentation and questioning. The chairperson shall also determine the scope of questioning and may set time limits and cut off irrelevant questions and irrelevant or nonresponsive answers.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0080
Person's Right to Review Record; Exceptions

Persons shall receive written notice of the hearing and directly, or through their attorney, a statement of their rights in accordance with ORS 426.701(6)(a). All exhibits to be considered by the Board shall be disclosed to the person's attorney or the person, if proceeding pro se, as soon as they are available:

(1) Exhibits not available prior to the hearing shall be made available to the person's attorney or the person, if not represented, at the hearing.

(2) All material relevant and pertinent to the person and issues before the Board shall be made a part of the record.

(3) Any material not made part of the record shall be separated and a statement to that effect shall be placed in the record.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0085
Evidence Considered; Admissibility

The Board shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following:

(1) The record of civil commitment;

(2) Information supplied by the state's attorney or any interested party, including the person. This may include police reports;

(3) Information concerning the person's mental condition;

(4) The entire psychiatric and criminal history of the person, including motor vehicle records;

(5) Psychiatric or psychological reports;

(6) Jurisdictional reports; or

(7) Testimony of witnesses.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0090
Motion Practice

(1) Prehearing motion practice. Any party bringing a motion before the Board shall submit the motion and memorandum of law to the Board and the opposing party 14 days prior to the hearing date in which the motion will be heard,

(2) During a Board hearing, either party may bring forth a motion to be ruled upon by the Board chairperson or his/her designee.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0095
Objections to Evidence

The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable.

(1) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following:

(a) The age and source of the documents;

(b) The ability of the witness to have observed and had personal knowledge of the incidents;

(c) The credibility of the witness and whether the witness has bias or interest in the matter.

(2) The person, the person's attorney or attorney representing the State may object to any evidence. The Board may decide the following:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a reasonable period of time to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0100
Testimony Given under Oath

The Board shall take testimony of a witness upon oath or affirmation of the witness administered by the chairperson or acting chairperson at the hearing. Victims who wish to give a victim impact statement at a hearing do not need to be sworn in.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0105
Standards and Burdens of Proof

(1) The standard of proof on all issues at all hearings of the Board under Division 200 shall be preponderance of the evidence.

(2) The State always has the burden of proof for all PSRB hearings and the State has the burden of going forward with the evidence.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0110
Continuance of Hearing

Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period of time. When either party requests a continuance, it shall be in writing. The request should also include the other party’s position on the request for continuance.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0115
Waiver of Appearance at Hearings

(1) An extremely dangerous person with mental illness may waive appearance at an initial hearing or certification hearing. The Board will still hold the hearing in the person’s absence.

(2) An extremely dangerous person with mental illness may not waive appearance at a conditional release hearing. If a person does not attend a conditional release hearing, the Board will cancel the hearing and will not consider the conditional release.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0120
Use of Restraints

(1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the person's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather than use of physical restraints. However, the final decision on use of restraints lies with the physician.

(2) Any attorney objecting to the patient appearing with restraints at the hearing may raise the issue and ask for testimony from the physician regarding the necessity for use of restraints.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0125
Quorum; Decisions; Board Member Conflicts

For any Board hearing:

(1) Three concurring votes (affirmative or negative) are required to make a Board decision.

(2) When three members cannot agree on the decision, the hearing may be continued for a reasonable time and the recording of the hearing and the exhibits shall be reviewed by the remaining member(s) and a decision by the majority of the members shall be the finding and order of the Board.

(3) If the attorney for the person objects to the remaining member's or members' review as set forth in section (2) of this rule, the Board may reschedule the matter for a hearing before the entire Board.

(4) If an objection for good cause is made to a specific member of the Board sitting on the panel considering a specific case, that member shall withdraw and, if necessary, the hearing shall be postponed and rescheduled.

(5) If an objection for good cause is made to a specific staff member of the Board being present during the panel’s deliberations in a specific case, and if the Board determines that good cause exists, that staff member shall not be present during deliberations in that case. The Board may, on its own motion, identify a Board member conflict with a case and exclude the Board member from considering any matter related to that case.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0130
Orders of the Board

(1) The Board shall provide a copy of any Board order to those persons listed in OAR 859-200-0055 within 30 days of the conclusion of the hearing or administrative review;

(2) The order of the Board shall be signed by a member of the panel present at the hearing or administrative review;

(3) At full hearings, the Board may issue its decision orally on the record at the hearing;

(4) At full hearings, the formal order of the Board shall contain the findings of fact, conclusions of law, reasons for the decision and notice of the right to appeal under ORS 426.135;

(5) All state, county and local mental health facilities providing treatment to the persons shall comply with Board orders.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0135
Notification of Right to Appeal

At the conclusion of a Board hearing, the chairperson or acting chairperson shall provide the person and attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is signed.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0140
Patient Appearing Pro Se

(1) When a patient waives the right to be represented by an attorney, the Board may approve an individual’s appearance, pro se, after a record is established that the person is competent to represent himself/herself pro se.

(2) If the Board chair determines the person is not competent, the Board chair or his/her designee shall appoint an attorney to represent the person.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0145
Examination of Person

(1) The Board may appoint a psychiatrist or licensed psychologist to examine the person and submit a report to the Board, including an opinion about whether the person continues to meet jurisdictional criteria and whether the person could be adequately controlled on conditional release with proper care, medication, supervision and treatment. The Board may order the person placed in temporary custody of any state hospital or suitable facility for purposes of examination.

(2) The attorney representing the state may choose, at the state’s expense, a psychiatrist or psychologist to examine a person regarding the commitment proceedings.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0150
Victim's Rights

(1) The Board shall make reasonable efforts to notify victims identified in the commitment order or victims who have requested to be notified of any of the following regarding the extremely dangerous person with mental illness:

(a) Any order;

(b) Hearings;

(c) Conditional release;

(d) Discharge;

(e) Move to a temporary placement due to an emergency; and

(f) Escape or unauthorized departure of the extremely dangerous person with mental illness.

(2) Victims may provide oral or written victim impact statements at an individual’s full hearing and written victim impact statements at an individual’s administrative hearing.

(a) Victim impact statements are not considered testimony and will not be taken under oath by the Board.

(b) Victim impact statement are not considered evidence.

(3) Victims may provide a written request for a copy of a person’s recorded hearing on a removeable media storage device at no charge.

(4) Victims are given priority seating at all in-person hearings.

(a) Victims are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims.

(b) The Board may permit victims to appear by remote means for full hearings.

(c) Victims are entitled to due dignity and respect. This may include prohibiting the recording of a victim impact statement or other portions of the hearing that include graphic depictions of the instant offense.

(5) Victims may request to be added to the notification list and provide updated contact information at any time by emailing PSRB staff: psrb@psrb.oregon.gov. The Board uses this notification list as its primary means to notify a victim of the circumstances outlined in section (1) of this rule.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0200
Court Conditional Release

(1) If a court orders the conditional release of a person it is called a court conditional release.

(2) The Board may review a Court Conditional Release Order at an administrative review. The possible results of the hearing are as follows:

(a) The Board may issue an order continuing the Court Order of Conditional Release;

(b) 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;

(c) The Board may issue an Order of Revocation in accordance with provisions set forth in the revocation rules subsequent hereto; or

(d) The Board may order the person to appear at a full hearing.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0205
Board Order for Evaluation for Conditional Release

(1) All inpatient and outpatient community evaluations must be approved by the Board.

(2) At any time the state hospital may request a community evaluation for community placement of the person. Prior to any such request, hospital staff shall consult with the Board's Executive Director to discuss current bed vacancies. Unlike other civil commitments, the community mental health agency of the commitment county does not identify and approve conditional release placements. All community placements are approved by the Board and its Executive Director.

(3) The request for community placement should identify the community provider and should be accompanied by an updated VRA (Violence Risk Assessment), START (Short Term Assessment of Risk and Treatability), Risk Review Hearing report that addresses conditional release planning privileges, and an updated M.D. Progress Note Update.

(4) If a person is already on conditional release, the PSRB case manager may request that another community provider evaluate the person for possible transfer.

(5) The Board may then consider the request and issue an Order of Evaluation at an administrative review.

(6) Once the Order for Evaluation is signed, PSRB staff will send an exhibit file to the community provider conducting the evaluation within 10 business days; and

(7) The community evaluation report shall be completed within 30 days of the community evaluation interview; and

(8) The community evaluation shall be completed and submitted to the Board within 45 days of receipt of the signed Order for Evaluation.

Statutory/Other Authority: ORS 161.387(1) & ORS 426.701
Statutes/Other Implemented: ORS 161.387(1) & 426.701
History:
PSRB 6-2017, amend filed 12/07/2017, effective 12/07/2017
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0210
Responsibility to Prepare a Summary of Conditional Release Plan

(1) When the hospital determines that a person may be ready for conditional release, the hospital staff and the community provider will jointly prepare the conditional release plan and submit it to the Board.

(2) When a person is already on conditional release and there is a request to transfer the person, the receiving PSRB case manager shall prepare and submit the conditional release plan.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0215
Basis for a Finding of Conditional Release

(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 individual. The Board may consider the testimony and exhibits at the hearing regarding the person's behavior in the hospital including the person's progress, insight and responsibility taken for the person's own behavior.

(2) If the Board finds the person may be controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the person placed on conditional release.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0220
Elements of the Conditional Release Order

The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to ensure the safety of the public:

(1) Housing: Housing must be available for the person. The Board may require any type of housing it deems appropriate.

(2) Mental health treatment: Mental health treatment must be available in the community. The Board-approved provider of the treatment must have had an opportunity to evaluate the patient and the proposed conditional release plan and to be heard before the Board. The provider must have agreed to provide the necessary mental health treatment to the patient. The treatment may include: individual counseling, group counseling, home visits, prescription of medication or any other treatment recommended by the provider(s) and approved by the Board.

(3) Reporting responsibility (PSRB Case Manger): An individual must be available to be designated by the Board as having primary reporting responsibility and must have agreed to:

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

(b) Notify the Board promptly of any grounds for revocation;

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

(d) Coordinate and monitor all elements of the conditional release plan.

(4) Special conditions: Special conditions may be imposed upon recommendation by the individual having primary reporting responsibility and/or recommendation by the parties.

(5) Agreement to conditional release: The person shall agree to and sign a form promising to comply with the general conditions of release. This signed form shall be made a part of the conditional release plan.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0225
Modification or Termination of Conditional Release

(1) Modification or termination of an Order of Conditional Release may be proposed by the state hospital or state or local facility providing treatment to the person, PSRB case manager or his/her designee, a party, or by the Board on its own motion upon a review of the status of the person.

(2) Modifications that add conditions to the current Board order can be made by the PSRB case manager, if necessary, to adequately treat and control the person. The Board shall be notified of modifications that add conditions to the current Board order within one business day of those conditions being imposed on the person so that a modification order can be issued.

(3) The case manager or supervising person does not have the authority to lessen the conditions of release without Board approval.

(4) The individual designated as having primary reporting responsibility shall provide the Board with a written summary of the person's progress, recommendations on future action to be taken and, if possible, shall be present to testify on these issues at a Board full hearing.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0230
Conditional Release Evaluation and Reports

(1) All reports and evaluations received on the person’s fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the record in the hearing.

(2) All serious incidents must be communicated through an immediate phone call to the PSRB executive director or designee and followed-up with a written incident report. A serious incident includes, but is not limited to:

(a) Unauthorized departure;

(b) Arrest;

(c) Positive urine or oral drug screen or other substance use testing;

(d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health;

(e) Psychiatric or medical hospitalization;

(f) Violent or dangerous behaviors; or

(g) Other circumstances deemed to be serious by the reporting party.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0235
Monthly Reporting

(1) The person designated by the Board as having primary reporting responsibility shall submit monthly progress reports no later than the 10th day of the month for the previous month’s progress. These reports shall be submitted on the form provided by and prepared by Board staff.

(2) All serious incidents must be communicated as soon as possible via a phone call to the PSRB’s office during business hours or the PSRB emergency phone after business hours. Serious incidents must be followed-up with a written incident report. A serious incident includes, but is not limited to:

(a) Unauthorized leave;

(b) Arrest;

(c) Positive urine or oral drug screen or other substance use testing;

(d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health;

(e) Psychiatric or medical hospitalization;

(f) Violent or dangerous behaviors; or

(g) Other circumstances deemed to be serious by the reporting party.

Statutory/Other Authority: ORS 161.387(1) & ORS 426.701
Statutes/Other Implemented: ORS 161.387(1), ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0300
Reasonable Grounds for Revocation

(1) If at any time while a person is conditionally released it appears that hospitalization is required, the Board may order the person returned to the state hospital for evaluation or treatment.

(2) The Board will explore all available treatment and supervision options in the community prior to ordering revocation. Reasonable grounds for revocation of a conditional release include, but are not limited to:

(a) The person has violated terms of the conditional release plan or is noncompliant with the conditional release plan;

(b) The person's mental health has changed and the person can no longer be managed in the community setting;

(c) The person has escaped or taken an unauthorized departure from jurisdiction or placement;

(d) The safety of the person or the public can no longer be managed in the community setting; or

(e) The community resources required by the Conditional Release Order are no longer available.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0305
Order of Revocation; Emergency Order of Revocation; After Hours Revocation Process

(1) Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit recommending revocation based on noncompliance with an order of the Board or a change in the person's conditions of release or mental status, a Board member may order the person returned to a state hospital for evaluation and treatment through an Order of Revocation.

(2) When a Board member is not available and time is of the essence, the executive director of the Psychiatric Security Review Board may issue and execute an emergency Order of Revocation subject to review by a Board member within 72 hours of the execution of the signed order.

(3) If the Board is unavailable to consider a revocation request, the community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer, or any individual responsible for the supervision of the person on conditional release may take or request that a person on conditional release be taken into custody if there is reasonable cause to believe the person is an extremely dangerous person with mental illness and presents a serious danger to others because of a mental disorder that is resistant to treatment and the person is in need of immediate care, custody or treatment. The person shall be transferred to the state hospital.

Statutory/Other Authority: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
Statutes/Other Implemented: ORS 161.387(1) & 2013 OL Ch. 715 (SB 421)
History:
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0310
Procedure for Transporting a Revoked Person

(1) After a written or electronic Order of Revocation has been signed by a Board member, the Board Executive Director, or the community mental health program director if the person has absconded from conditional release, the written or electronic order is sufficient warrant for any law enforcement officer to take the person into custody to transport the person as directed by the order.

(a) The written order is not required to be provided to the law enforcement officer taking the person into custody. In the alternative, a LEDS communication by Board staff is sufficient warrant for a law enforcement officer to return the person to the state hospital.

(b) The person shall be returned to the state hospital without undue delay.

(2) A sheriff, municipal police officer, constable, parole or probation officer, prison official or other peace officer shall execute the order.

Statutory/Other Authority: ORS 161.387(1) & ORS 426.701
Statutes/Other Implemented: ORS 161.387(1), ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022
PSRB 1-2014, f. & cert. ef. 3-5-14

859-200-0315
Emergency Move Exceptions

(1) Nothing in Division 200 prohibits the Board, the community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the patient’s temporary placement in the community during an emergency.

(a) If the person is temporarily placed in a more restrictive setting during an emergency, they are not required to obtain a mental health evaluation before returning to the placement they had before the emergency temporary move occurred unless otherwise recommended by the PSRB case monitor.

(b) For the purposes of this rule, an emergency is defined as circumstances that could not be reasonably foreseen that create a substantial risk to the health and safety of the patient, including, but not limited to, a natural disaster, fire, or the unexpected closure of the patient’s residence.

(2) In the event of a person’s move to a temporary placement due to an emergency, the PSRB will notify the any victims and the district attorney of the commitment county of the person’s move as soon as practicable.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022

859-200-0320
Diversity, Equity, and Inclusion

The PSRB will engage in rulemaking and hearing processes consistent with the priorities of the Governor and the policies implemented by the Oregon Office of Diversity, Equity, and Inclusion/Affirmative Action.

Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
History:
PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022