OAR 859-010-0005
Definitions
(1)
“Abscond” means a client on conditional release has departed without permission from the case manager or Board and the client’s whereabouts are unknown.(2)
“Administrative Hearing” means a meeting of the Board where a quorum is present and a matter is reviewed (e.g. an outpatient supervisor request for modification to a client’s conditional release plan). The Board shall consider information in the written record only and no oral testimony shall be received; If an objection is made to the administrative hearing, the client or the state has the right to request a full hearing. On its own motion, the Board may require further information, testimony or the presence of the client and therefore, set the matter for a full hearing.(3)
“Administrative Meeting” is 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;(4)
“Case Managers” are individuals designated in the conditional release order who are responsible for ensuring clients on conditional release receive the services and support they need and reporting to the PSRB a client’s progress, activities and compliance with conditions of release or lack thereof.(5)
“Client” refers to any person under the jurisdiction of the Board and may be used interchangeably with “person,” “patient,” or “outpatient.”(6)
“Conditional Release” is a grant by the court or the Board for a client, patient or defendant to reside outside a state hospital in the community under conditions mandated by the court or Board for monitoring and treatment of mental and physical health.(7)
“Danger”; “Substantial Danger”; or “Dangerousness” means a demonstration or previous demonstration of intentional, knowing, reckless or criminally negligent behavior which places others at risk of physical injury because of the person’s qualifying mental disorder.(8)
“Escape” means:(a)
A client committed to a state hospital:(A)
Leaves the supervision of hospital staff without permission;(B)
Leaves the hospital without permission; or(C)
Fails to return at the appointed time to the hospital.(b)
Any client who leaves the State of Oregon without authorization of the Board;(c)
Any client who fails to return to the State of Oregon as directed by the Board.(9)
“Full Hearing” is a meeting of the Board where parties are present, testimony is taken and written findings on the issue(s) before the Board are made.(10)
“Insanity Defense”, also known as “GEI”, refers to a plea or finding of “Guilty Except for Insanity”. Nomenclature. For offenses committed on or after January 1, 1984, a person is guilty except for insanity if, as a result of a qualifying mental disorder (formerly “mental disease or defect”) at the time of engaging in criminal conduct, the person lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law. The name of the insanity defense from January 1, 1978, through December 31, 1983, was “not responsible due to mental disease or defect.” From January 1, 1971, through December 31, 1977, the insanity defense was known as “not guilty by reason of mental disease or defect.” The name of the insanity defense prior to 1971 was “not guilty by reason of insanity.”(11)
“Qualifying Mental Disorder” (formerly “Mental disease or defect”) means:(b)
any diagnosis of a psychiatric condition 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 and is defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM 5) of the American Psychiatric Association.(c)
“Qualifying Mental Disorder," described in subsections (a) and (b), excluding those conditions described in subsection (d) includes:(A)
A disorder in a state of remission which could with reasonable medical probability occasionally become active; or(B)
A disorder that could become active as a result of a non-qualifying mental disorder.(d)
“Non-Qualifying Mental Disorder” is defined as a mental disorder in which the condition is:(A)
A diagnosis solely constituting the ingestion of substances (e.g., chemicals or alcohol), including but not limited to alcohol-induced psychosis;(B)
An abnormality manifested solely by repeated criminal or otherwise antisocial conduct; or(C)
An abnormality constituting a personality disorder.(12)
“Party” means the State, which includes the Oregon Department of Justice or, if representing the State’s interest, the District Attorney from the county where the GEI was adjudicated, client and client’s counsel.(13)
“PSRB” or “Board” means the Oregon Psychiatric Security Review Board.(14)
“Quorum” means the presence of at least three members, in person or on the telephone, of the Adult Panel of the Board.(15)
“State Hospital” means any state institution or facility operated by the Oregon Health Authority.(16)
“Victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime that brought the client under the Board’s jurisdiction. In the case of a homicide or abuse of a corpse, 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 PSRB client be considered a victim of his/her own GEI case.
Source:
Rule 859-010-0005 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=859-010-0005.