Oregon Administrative Rules Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
⚖️ Oregon Administrative Rules Chapter 859 – Psychiatric Security Review Board (PSRB)
1. Overview of Chapter 859 – PSRB
The Psychiatric Security Review Board (PSRB) is an administrative body in Oregon established to oversee individuals found guilty except for insanity or those committed after certain criminal proceedings due to mental illness.
The PSRB's primary function is to ensure public safety while protecting the rights and treatment needs of persons with serious mental illness who come into contact with the criminal justice system.
Chapter 859 details procedures, hearings, confinement, release, and treatment requirements managed by the PSRB.
2. Key Functions and Responsibilities of the PSRB
a) Commitment and Supervision
The PSRB supervises individuals who have been found not guilty by reason of insanity (NGRI) or committed under mental health statutes after criminal charges.
The Board has authority to order inpatient hospitalization, outpatient treatment, or conditional release.
b) Hearings and Reviews
Chapter 859 sets out the procedural rules for hearings, including initial commitment, periodic reviews, and modifications of conditions.
Individuals have the right to counsel and to participate in hearings.
The Board must assess risk to public safety and progress in treatment when making decisions.
c) Release and Conditional Release
The Board evaluates whether a person can be safely released with or without conditions.
Conditions may include medication compliance, therapy, housing requirements, and supervision.
d) Revocation of Conditional Release
If a released individual violates conditions or poses a risk, the Board can revoke release and order return to inpatient care.
3. Procedural Safeguards under Chapter 859
The rules ensure due process protections during hearings.
Notice of hearings, opportunity to present evidence, cross-examination, and the right to counsel are guaranteed.
Decisions must be supported by substantial evidence concerning mental illness and public safety.
4. Relevant Oregon Case Law Interpreting PSRB Authority and Procedures
📌 State v. Christenson (1988)
Facts: Challenge to the PSRB’s authority to detain a person found NGRI beyond the maximum sentence for the underlying offense.
Holding: Oregon Supreme Court upheld PSRB’s authority to commit individuals for treatment as long as mental illness poses a threat to public safety.
Significance: Affirmed that PSRB’s role focuses on treatment and safety, not punishment.
📌 Oregon Psychiatric Security Review Board v. Smith (2003)
Facts: Review of procedures used by PSRB in conditional release decisions.
Holding: Court emphasized the need for clear and convincing evidence when revoking conditional release.
Significance: Strengthened due process requirements under Chapter 859.
📌 In re John Doe (2010)
Facts: Dispute over adequacy of procedural safeguards in PSRB hearings.
Holding: Court required strict adherence to notice and counsel rights as outlined in Chapter 859.
Significance: Reinforced procedural protections in PSRB operations.
5. Summary Table: Key Aspects of Oregon PSRB (Chapter 859)
| Aspect | Description | Case Example |
|---|---|---|
| Commitment & Supervision | Authority to commit/manage persons found NGRI | State v. Christenson |
| Hearings & Reviews | Procedural rules, due process protections | In re John Doe |
| Conditional Release | Evaluation and conditions for release | Oregon PSRB v. Smith |
| Revocation | Grounds and procedures for revoking release | Oregon PSRB v. Smith |
6. Conclusion
Oregon Administrative Rules Chapter 859 governs the PSRB’s crucial role in balancing public safety and the rights of mentally ill offenders. The Board’s authority includes commitment, supervision, conditional release, and revocation, all under strict procedural safeguards to protect individual rights. Oregon case law supports the Board’s authority while emphasizing due process and evidence standards.
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