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

(1)

Oregon Laws 2013, Chapter 715 (SB 421) creates 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 SB 421, section 2, (3)(a)(C)(2013); and

(B)

Because of a 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 mental disorder that is resistant to treatment; and

(c)

Because of the mental disorder that is resistant to treatment, the person committed one of the acts listed in SB 421, section 2, (3)(a)(C).

(2)

Once committed, the court places the person under the PSRB 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 OSH or on conditional release or discharged.

Source: Rule 859-200-0005 — Background and Purpose of Extremely Dangerous Civil Commitment Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-200-0005.

859–200–0005
Background and Purpose of Extremely Dangerous Civil Commitment Program 859–200–0010
Rules Applicability 859–200–0015
Copies 859–200–0020
Definitions 859–200–0025
Responsibilities of the PSRB regarding Extremely Dangerous Persons with Mental Illness Civil Commitments 859–200–0030
Jurisdiction of Persons under the PSRB 859–200–0035
Administrative meetings 859–200–0040
Public Meetings Law 859–200–0045
Records 859–200–0050
Purpose of Hearings 859–200–0055
Notice of Hearings 859–200–0060
Notification of state representation other than the District Attorney from the county of commitment 859–200–0065
Information Contained in Notice of Hearing 859–200–0070
Types of Hearings/Certification Procedure 859–200–0075
Chairperson Conducting Hearing 859–200–0080
Person’s Right to Review Record 859–200–0085
Evidence Considered 859–200–0090
Motion Practice 859–200–0095
Objections to Evidence 859–200–0100
Testimony Given under Oath 859–200–0105
Standards and Burdens of Proof 859–200–0110
Continuance of Hearing 859–200–0115
Waiver of Appearance at Hearings 859–200–0120
Use of Restraints 859–200–0125
Quorum 859–200–0130
Orders of the Board 859–200–0135
Notification of Right to Appeal 859–200–0140
Patient Appearing Pro Se 859–200–0145
Examination of Person 859–200–0150
Victims 859–200–0200
Court Conditional Release 859–200–0205
Board Order for Evaluation for Conditional Release 859–200–0210
Responsibility to Prepare a Summary of Conditional Release Plan 859–200–0215
Basis for a Finding of Conditional Release 859–200–0220
Elements of the Conditional Release Order 859–200–0225
Modification or Termination of Conditional Release 859–200–0230
Conditional Release Evaluation and Reports 859–200–0235
Monthly Reporting 859–200–0300
Reasonable Grounds for Revocation 859–200–0305
Order of Revocation 859–200–0310
Procedure for Transporting a Revoked Person
Last Updated

Jun. 8, 2021

Rule 859-200-0005’s source at or​.us