Application for discharge or conditional release
- release plan
- examination
- right to hearing
Source:
Section 161.341 — Application for discharge or conditional release; release plan; examination; right to hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Under this section, persons committed under prior law, which provided for court review of commitment after 5 years, are entitled to hearing by January 1980, unless prior 5 year period expires before that date. Valleur v. McGee, 42 Or App 391, 600 P2d 914 (1979)
Habeas corpus petitioner was not entitled to release where Psychiatric Security Review Board failed to hold mandatory hearing on suitability of release or discharge, but could compel hearing by writ of mandamus. Valleur v. McGee, 42 Or App 391, 600 P2d 914 (1979)
Where there was some testimony that petitioner was retarded and aggressive, there was substantial evidence to support finding that he was suffering mental disease or defect and was dangerous to himself and others. Valleur v. Psychiatric Review Board, 43 Or App 843, 604 P2d 439 (1979)
Because Psychiatric Security Review Board is excluded from requirement of ORS 183.470 pertaining to concise statement of underlying facts, its findings of fact need only be sufficient for meaningful judicial review. Welsh v. PSRB, 82 Or App 315, 728 P2d 82 (1986)
Person suffering from dangerous mental disease or defect may be retained in custody even though no longer suffering from same dangerous mental disease or defect that provided original basis for commitment. Osborn v. Psychiatric Security Review Board, 325 Or 135, 934 P2d 391 (1997)
“Mental disease or defect” does not include substance dependency or other personality disorders. Tharp v. Psychiatric Security Review Board, 338 Or 413, 110 P3d 103 (2005)
Attorney General Opinions
Trial visit status of patients acquitted by reason of mental disease or defect, (1977) Vol 38, p 706; responsibility for paying cost of district attorney appearing before Psychiatric Security Review Board in hearings, (1978) Vol 39, p 371
Law Review Citations
18 WLR 36 (1982)
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