OAR 859-030-0010
Jurisdiction of Persons under the PSRB/Length of Jurisdiction
(1)
In accordance with ORS 161.325 (Finding of guilty except for insanity), the Board will take jurisdiction over persons adjudged by the court to be guilty except for insanity and who present a substantial danger to others.(2)
The period of jurisdiction of under the Board will be that sentence ordered by the court that places the person under PSRB jurisdiction.(3)
The Board will maintain jurisdiction over persons who are legally placed under its jurisdiction by any court of the State of Oregon or transferred from the jurisdiction of the Oregon Health Authority.(4)
Judgment orders placing individuals under Board jurisdiction must:(a)
Indicate whether the court finds the individual is a proper subject for conditional release, along with the appropriate order of placement under the Board, the Oregon Health Authority, or an appropriate supervision and treatment facility;(b)
Include written notification to the Board of the court’s conditional release order, and identify the court-appointed supervisor;(c)
Identify the length of Board jurisdiction over the individual;(d)
Any supervisory or other special orders the court delivered with its judgment.(5)
If the court’s order is unclear or is missing information required by ORS 161.325 (Finding of guilty except for insanity), the Board may seek clarification on the matter from the court.(6)
The Board will not retain jurisdiction over persons if the court order places the person under the Board only because of a judgment of guilty except for insanity for a probation violation. In order for the Board to retain jurisdiction, the person must be placed under the Board’s jurisdiction for the initial offense.(7)
The Board’s Adult Panel will accept jurisdiction of remanded youth who are found Guilty Except for Insanity (GEI) in adult court and placed under the Board’s Adult Panel Jurisdiction. For rules regarding adjudicated youth who are found Responsible Except for Insanity (REI) in juvenile court and placed under the Board’s Juvenile Panel, see OAR 859, Divisions 501 through 600(8)
Upon receipt of verified information regarding time spent in custody, persons placed under the Board’s jurisdiction will receive credit for:(a)
Time spent in any correctional facility or jail for the offense or conduct for which the person was placed under the Board’s jurisdiction; and(b)
Time spent in custody of the Oregon Health Authority at a state mental hospital for determination of the defendant’s fitness to proceed or for treatment until fit to proceed under a detainer for the criminal charges for which the person ultimately was found guilty except for insanity as well as a result of being committed by a court after being found guilty except for insanity of a charge.(9)
The Board does not consider time spent on unauthorized leave from the Oregon State Hospital while committed as part of the jurisdictional time and will add that time to the end of jurisdiction date.
Source:
Rule 859-030-0010 — Jurisdiction of Persons under the PSRB/Length of Jurisdiction, https://secure.sos.state.or.us/oard/view.action?ruleNumber=859-030-0010.