ORS 161.348
Judicial review
(1)
When a person over whom the Psychiatric Security Review Board exercises jurisdiction under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) or 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board) is adversely affected or aggrieved by a final order of the board, the person is entitled to judicial review of the final order. The person is entitled on judicial review to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed by the reviewing court in the manner provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) (1). If the person is financially eligible, the public defense services executive director shall determine and pay, as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds), the cost of briefs, any other expenses of the person necessary to the review and compensation for counsel appointed for the person. The costs, expenses and compensation so allowed shall be paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds).(2)
The order and the proceedings underlying the order are subject to review by the Court of Appeals upon petition to that court filed within 60 days of the order for which review is sought. The board shall submit to the court the record of the proceeding or, if the person agrees, a shortened record. The record may include a certified true copy of a tape recording of the proceedings at a hearing in accordance with ORS 161.346 (Hearings on discharge, conditional release, commitment or modification). A copy of the record transmitted shall be delivered to the person by the board.(3)
The court may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (Jurisdiction for review of contested cases) (8).(4)
The filing of the petition does not stay the order of the board, but the board or the Court of Appeals may order a stay upon application on such terms as are deemed proper. [2011 c.708 §9; 2017 c.442 §8]
Source:
Section 161.348 — Judicial review, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
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