General Provisions

ORS 161.351
Discharge by board

  • effect of remission
  • protection of society


(1)

Any person placed under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) shall be discharged at such time as the board, upon a hearing, finds by a preponderance of the evidence that the person is no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires regular medical care, medication, supervision or treatment.

(2)

For purposes of ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board), a person affected by a qualifying mental disorder in a state of remission is considered to have a qualifying mental disorder. A person whose qualifying mental disorder may, with reasonable medical probability, occasionally become active and when it becomes active will render the person a danger to others may not be discharged. The person shall continue under supervision and treatment necessary to protect the person and others.

(3)

In determining whether a person should be committed to a state hospital or secure intensive community inpatient facility, conditionally released or discharged, the board shall have as its primary concern the protection of society. [1977 c.380 §17 (enacted in lieu of 161.350); 1981 c.711 §13; 1985 c.192 §4; 1989 c.49 §1; 2011 c.708 §4; 2017 c.442 §5; 2017 c.634 §13]

Notes of Decisions

Under former statutory scheme, ORS 161.336 (1) and (2) and 161.341 (1) governed initial dispositional hearing and this section applied only to subsequent hearings to determine whether person continued to be affected by mental disease or defect. Adams v. Psychiatric Sec. Review Bd., 290 Or 273, 621 P2d 572 (1980)

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

Transfer of jurisdiction from circuit court to PSRB does not violate Article I, section 21 or Article III, section 1 of constitution. Perkey v. Psychiatric Security Review Board, 65 Or App 259, 670 P2d 1061 (1983)

Atty. Gen. Opinions

Psychiatric Security Review Board's maximum period of jurisdiction, (1979) Vol 39, p 552

Law Review Citations

18 WLR 44 (1982)

§§ 161.325 to 161.351

Notes of Decisions

Under former version of these sections, Psychiatric Security Review Board could, at initial dispositional hearing, order only commitment to mental hospital or conditional release, so it had no authority to make independent redetermination of dangerousness of defendant or to order her discharged on basis of such redetermination. Adams v. Psychiatric Security Review Bd., 290 Or 273, 621 P2d 572 (1980)

Law Review Citations

18 WLR 23 (1982)

§§ 161.290 to 161.370

Law Review Citations

51 OLR 428 (1972); 52 OLR 285-295 (1973)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021