ORS 161.385
Psychiatric Security Review Board

composition, term, qualifications, compensation, appointment, confirmation and meetings

Text
Annotations 2

(1)

There is hereby created a Psychiatric Security Review Board consisting of 10 members appointed by the Governor and subject to confirmation by the Senate under section 4, Article III of the Oregon Constitution.

(2)

The membership of the board may not include any district attorney, deputy district attorney or public defender. The Governor shall appoint:

(a)

A psychiatrist experienced in the criminal justice system and not otherwise employed on a full-time basis by the Oregon Health Authority or a community mental health program;

(b)

A licensed psychologist experienced in the criminal justice system and not otherwise employed on a full-time basis by the authority or a community mental health program;

(c)

A member with substantial experience in the processes of parole and probation;

(d)

A lawyer with substantial experience in criminal trial practice;

(e)

A psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry who is experienced in the juvenile justice system and not employed on a full-time basis by the authority or a community mental health program;

(f)

A licensed psychologist who is experienced in child psychology and the juvenile justice system and not employed on a full-time basis by the authority or a community mental health program;

(g)

A member with substantial experience in the processes of juvenile parole and probation;

(h)

A lawyer with substantial experience in juvenile law practice; and

(i)

Two members of the general public.

(3)

The term of office of each member is four years. The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4)

A member of the board not otherwise employed full-time by the state shall be paid on a per diem basis an amount equal to $289.22, adjusted according to the executive pay plan for the biennium, for each day during which the member is engaged in the performance of official duties, including necessary travel time. In addition, subject to ORS 292.220 (Department to regulate subsistence and mileage allowances for travel) to 292.250 (Reimbursement for use of privately owned motor vehicle on official business) regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

(5)

Subject to any applicable provision of the State Personnel Relations Law, the board may hire employees to aid it in performing its duties.

(6)

The board consists of two five-member panels. The adult panel is responsible for persons placed under the board’s jurisdiction under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) and 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board) and consists of those members appointed under subsection (2)(a) to (d) of this section and one of the public members. The juvenile panel is responsible for young persons placed under the board’s jurisdiction under ORS 419C.529 (Finding of serious mental condition) and consists of those members appointed under subsection (2)(e) to (h) of this section and the other public member.

(7)

Intentionally left blank —Ed.

(a)

Each panel shall select one of its members as chairperson to serve for a one-year term with such duties and powers as the panel determines.

(b)

A majority of the voting members of a panel constitutes a quorum for the transaction of business of the panel.

(8)

Each panel shall meet at least twice every month, unless the chairperson determines that there is not sufficient business before the panel to warrant a meeting at the scheduled time. The panel shall also meet at other times and places specified by the call of the chairperson or of a majority of the members of the panel. [1977 c.380 §8; 1979 c.867 §7; 1979 c.885 §6; 1981 c.711 §15; 1981 s.s. c.3 §132; 1983 c.740 §26; 1983 c.800 §12; 1987 c.133 §1; 2001 c.962 §70; 2005 c.843 §20; 2009 c.595 §109; 2011 c.708 §8]

Source: Section 161.385 — Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.

Notes of Decisions

Where anonymous phone report of petitioner’s suicide threat was contradicted by testimony of his physician and friend, there was no substantial evidence to support finding that he presented a substantial danger to himself or others. Cardwell v. Psychiatric Security Review Board, 38 Or App 565, 590 P2d 787 (1979)

Agency expertise does not merit granting of deference in reviewing decision for substantial evidence. Drew v. PSRB, 322 Or 491, 909 P2d 1211 (1996)

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

ORS 161.385 Psychiatric Security Review Board

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(3)

(4)

(5)

(6)

(7)

(a)

(b)

(8)

Notes of Decisions

ORS 161.385
Psychiatric Security Review Board