Hearings on discharge, conditional release, commitment or modification
- psychiatric reports
- notice of hearing
Source:
Section 161.346 — Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
In hearing on revocation of conditional release, where petitioner failed to apply for discharge under this section, Board’s only options were to order conditional release or commitment. Cardwell v. Psychiatric Security Review Board, 38 Or App 565, 590 P2d 787 (1979)
Under this section, due process does not require greater standard of proof than preponderance of evidence in hearings before PSRB. Ashley v. PSRB, 53 Or App 333, 632 P2d 15 (1981)
Since decision as to dangerousness of individual confined under jurisdiction of Psychiatric Security Review Board must be made on basis of evidence in record, where decision was made on basis of non-record opinion information case was remanded for further hearing. Rolfe v. Psychiatric Security Review Board, 53 Or App 941, 633 P2d 846 (1981), Sup Ct review denied
In hearing to determine whether petitioner should be discharged, conditionally released or retained in state hospital, evidence did not support finding by Psychiatric Security Review Board that petitioner suffered from mental disease or defect at time of hearing and case was remanded for further consideration. Martin v. Psychiatric Security Review Board, 312 Or 157, 818 P2d 1264 (1991)
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)
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