OAR 859-060-0015
Initial Hearing

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:

(1)

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.

(2)

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 Mental Health and Developmental Disability Services Division for custody, care and treatment.

(3)

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.

(4)

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.

Source: Rule 859-060-0015 — Initial Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-060-0015.

Last Updated

Jun. 8, 2021

Rule 859-060-0015’s source at or​.us