ORS 161.336
Conditional release by board

order for return
termination or modification of conditional release
hearing

Text
Annotations 4

(1)

(a)

When a person is conditionally released under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board), the person is subject to those supervisory orders of the Psychiatric Security Review Board as are in the best interests of justice, the protection of society and the welfare of the person.

(b)

An order of conditional release entered by the board may designate any person or state, county or local agency capable of supervising the person upon release, subject to the conditions described in the order of conditional release.

(c)

Prior to the designation, the board shall notify the person or state, county or local agency to whom conditional release is contemplated and provide the person or state, county or local agency an opportunity to be heard.

(d)

After receiving an order entered under this section, the person or state, county or local agency designated in the order shall assume supervision of the person in accordance with the conditions described in the order and any modifications of the conditions ordered by the board.

(2)

Conditions of release contained in orders entered under this section may be modified from time to time and conditional releases may be terminated as provided in ORS 161.351 (Discharge by board).

(3)

Intentionally left blank —Ed.

(a)

As a condition of release, the person may be required to report to any state or local mental health facility for evaluation. Whenever medical, psychiatric or psychological treatment is recommended, the order may require the person, as a condition of release, to cooperate with and accept the treatment from the facility.

(b)

The facility to which the person has been referred for evaluation shall perform the evaluation and submit a written report of its findings to the board. If the facility finds that treatment of the person is appropriate, it shall include its recommendations for treatment in the report to the board.

(c)

Whenever treatment is provided by the facility, it shall furnish reports to the board on a regular basis concerning the progress of the person.

(d)

Copies of all reports submitted to the board pursuant to this section shall be furnished to the person and the person’s counsel. The confidentiality of these reports is determined pursuant to ORS 192.338 (Exempt and nonexempt public record to be separated), 192.345 (Public records conditionally exempt from disclosure) and 192.355 (Public records exempt from disclosure).

(e)

The facility shall comply with the conditional release order and any modifications of the conditions ordered by the board.

(4)(a)(A) A written or electronic order for the return of a person on conditional release to a state hospital or other facility designated by the supervising entity or, if the person is under 18 years of age, to a secure intensive community inpatient facility or other facility designated by the supervising entity, may be issued by:

(i)

The supervising entity;

(ii)

A person designated by the supervising entity, if the designation is made as part of a written policy; or

(iii)

The community mental health program director, if the person has absconded from conditional release.

(B)

An order described in this paragraph may be issued when the supervising entity, the authorized designee or, if the person has absconded, the community mental health program director, has determined that:

(i)

The person has violated the terms of conditional release; or

(ii)

The mental health of the person has changed such that the supervising entity, or, if applicable, the authorized designee or the community mental health program director, reasonably believes that the person may no longer be fit for conditional release.

(C)

A written order under this paragraph is sufficient warrant for any law enforcement officer to take into custody and transport the person named in the order. A peace officer shall execute the order and the person shall be transported as described in paragraph (c) of this subsection.

(b)

A peace officer, the director of the facility providing treatment to a person on conditional release or any person responsible for the supervision of a person on conditional release may take a person on conditional release into custody, or request that the person be taken into custody, if there is reasonable cause to believe the person is a substantial danger to others because of a mental disorder and that the person is in need of immediate care, custody or treatment.

(c)

When a person is taken into custody by a peace officer under this subsection, the agency employing the peace officer shall cause the person, as soon as practicable, to be transported to a state hospital or other facility designated by the supervising entity. If the person was taken into custody pursuant to an order described in paragraph (a) of this subsection, the supervising entity shall facilitate the reimbursement of reasonable costs of the transport to the agency employing the peace officer.

(d)

Within 20 days following the return of the person to a state hospital or secure intensive community inpatient facility under this subsection, the board shall conduct a hearing. The board shall provide notice of the hearing to the person, the attorney representing the person and the Attorney General. The state must prove by a preponderance of the evidence the person’s unfitness for conditional release. The hearing shall be conducted in accordance with ORS 161.346 (Hearings on discharge, conditional release, commitment or modification).

(e)

As used in this subsection, “supervising entity” means the board or the chairperson or executive director of the board.

(5)

Intentionally left blank —Ed.

(a)

Any person conditionally released under this section may apply to the board for discharge from or modification of an order of conditional release on the ground that the person is no longer affected by a qualifying mental disorder or, if still so affected, no longer presents a substantial danger to others and no longer requires supervision, medication, care or treatment. Notice of the hearing on an application for discharge or modification of an order of conditional release shall be made to the Attorney General. The applicant, at the hearing pursuant to this subsection, must prove by a preponderance of the evidence the applicant’s fitness for discharge or modification of the order of conditional release. Applications by the person for discharge or modification of conditional release may not be filed more often than once every six months.

(b)

Upon application by any person or agency responsible for supervision or treatment pursuant to an order of conditional release, the board shall conduct a hearing to determine if the conditions of release shall be continued, modified or terminated. The application shall be accompanied by a report setting forth the facts supporting the application.

(6)

A person who has spent five years on conditional release shall be brought before the board for hearing within 30 days before the expiration of the five-year period. The board shall review the person’s status and determine whether the person should be discharged from the jurisdiction of the board. [1977 c.380 §11 (enacted in lieu of 161.335); 1979 c.885 §3; 1981 c.711 §5; 1983 c.800 §9; 1987 c.140 §1; 1989 c.790 §49; 2001 c.326 §1; 2005 c.264 §14; 2005 c.685 §2; 2009 c.595 §103; 2011 c.708 §2; 2017 c.442 §3; 2017 c.634 §10; 2018 c.120 §5]

Source: Section 161.336 — Conditional release by board; order for return; termination or modification of conditional release; hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.

Notes of Decisions

Order entered by court after finding of nonresponsibility due to mental disease or defect which placed defendant under jurisdiction of Psychiatric Security Review Board was not reviewable prior to Board’s final order. State v. Cooper, 37 Or App 443, 587 P2d 1051 (1978)

Under this section, legislative intent is that “unfitness for conditional release” is not independent criterion for commitment in absence of dangerousness. Cardwell v. Psychiatric Security Review Board, 38 Or App 565, 590 P2d 787 (1979)

Attorney General Opinions

Responsibility for Psychiatric Security Review Board hearing and order costs, and board order enforcement by law enforcement personnel, (1978) Vol 39, p 371; Enforcement and execution by state and local law enforcement officers of PSRB order of revocation of conditional release, (1980) Vol 41, p 249

Law Review Citations

23 WLR 493, 495 (1987)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 161.336 Conditional release by board

(1)

(a)

(b)

(c)

(d)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(iii)

(B)

(i)

(ii)

(C)

(b)

(c)

(d)

(e)

(5)

(a)

(b)

(6)

Notes of Decisions

Attorney General Opinions

Law Review Citations

ORS 161.336
Conditional release by board