71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 836
 
                         House Bill 2623
 
Sponsored by Representative GARDNER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows law enforcement agencies, under certain circumstances,
to examine certain documents relating to person under
jurisdiction of Psychiatric Security Review Board.
 
                        A BILL FOR AN ACT
Relating to Psychiatric Security Review Board; amending ORS
  161.336.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.336 is amended to read:
  161.336. (1) If the  { + Psychiatric Security Review + } Board
determines that the person presents a substantial danger to
others but can be adequately controlled with supervision and
treatment if conditionally released and that necessary
supervision and treatment are available, the board may order the
person conditionally released, subject to those supervisory
orders of the board as are in the best interests of justice, the
protection of society and the welfare of the person. The board
may designate any person or state, county or local agency the
board considers capable of supervising the person upon release,
subject to those conditions as the board directs in the order for
conditional release. Prior to the designation, the board shall
notify the person or agency to whom conditional release is
contemplated and provide the person or agency an opportunity to
be heard before the board. After receiving an order entered under
this section, the person or agency designated shall assume
supervision of the person pursuant to the direction of the board.
  (2) Conditions of release contained in orders entered under
this section may be modified from time to time and conditional
releases may be terminated by order of the board as provided in
ORS 161.351.
  (3) For purposes of this section, a person affected by a mental
disease or defect in a state of remission is considered to have a
mental disease or defect requiring supervision when the disease
may, with reasonable medical probability, occasionally become
active and, when active, render the person a danger to others.
The person may be continued on conditional release by the board
as provided in this section.
  (4)(a) As a condition of release, the board may require the
person to report to any state or local mental health facility for
evaluation. Whenever medical, psychiatric or psychological
treatment is recommended, the board may order the person, as a
condition of release, to cooperate with and accept the treatment
from the facility.
  (b) The facility to which the person has been referred for
evaluation shall perform the evaluation and submit a written
report of its findings to the board. If the facility finds that
treatment of the person is appropriate, it shall include its
recommendations for treatment in the report to the board.
  (c) Whenever treatment is provided by the facility, it shall
furnish reports to the board on a regular basis concerning the
progress of the person.
  (d) Copies of all reports submitted to the board pursuant to
this section shall be furnished to the person and the person's
counsel. The confidentiality of these reports shall be determined
pursuant to ORS 192.501 to 192.505.
  (e) The facility shall comply with any other conditions of
release prescribed by order of the board.
  (5) If at any time while the person is under the jurisdiction
of the board it appears to the board or its chairperson that the
person has violated the terms of the conditional release or that
the mental health of the individual has changed, the board or its
chairperson may order the person returned to a state hospital
designated by the Mental Health and Developmental Disability
Services Division for evaluation or treatment. A written order of
the board, or its chairperson on behalf of the board, is
sufficient warrant for any law enforcement officer to take into
custody such person and transport the person accordingly. A
sheriff, municipal police officer, constable, parole or probation
officer, prison official or other peace officer shall execute the
order, and the person shall be returned as soon as practicable to
the custody of the Mental Health and Developmental Disability
Services Division. Within 20 days following the return of the
person to the custody of the Mental Health and Developmental
Disability Services Division, the board shall conduct a hearing.
Notice of the time and place of the hearing shall be given to the
person, the attorney representing the person and the Attorney
General. The board may continue the person on conditional release
or, if it finds by a preponderance of the evidence that the
person is affected by mental disease or defect and presents a
substantial danger to others and cannot be adequately controlled
if conditional release is continued, it may order the person
committed to a state hospital designated by the Mental Health and
Developmental Disability Services Division. The state must prove
by a preponderance of the evidence the person's unfitness for
conditional release. A person in custody pursuant to this
subsection shall have the same rights as any person appearing
before the board pursuant to ORS 161.346.
  (6) The community mental health and developmental disabilities
program director, the director of the facility providing
treatment to a person on conditional release, any peace officer
or any person responsible for the supervision of a person on
conditional release may take a person on conditional release into
custody or request that the person be taken into custody if there
is reasonable cause to believe the person is a substantial danger
to others because of mental disease or defect and that the person
is in need of immediate care, custody or treatment. Any person
taken into custody pursuant to this subsection shall immediately
be transported to a state hospital designated by the Mental
Health and Developmental Disability Services Division. A person
taken into custody under this subsection shall have the same
rights as any person appearing before the board pursuant to ORS
161.346.
  (7)(a) Any person conditionally released under this section may
apply to the board for discharge from or modification of an order
of conditional release on the ground that the person is no longer
affected by mental disease or defect or, if still so affected, no
longer presents a substantial danger to others and no longer
requires supervision, medication, care or treatment. Notice of
the hearing on an application for discharge or modification of an
order of conditional release shall be made to the Attorney
General. The applicant, at the hearing pursuant to this
subsection, must prove by a preponderance of the evidence the
applicant's fitness for discharge or modification of the order of
conditional release. Applications by the person for discharge or
modification of conditional release shall not be filed more often
than once every six months.
  (b) Upon application by any person or agency responsible for
supervision or treatment pursuant to an order of conditional
release, the board shall conduct a hearing to determine if the
conditions of release shall be continued, modified or terminated.
The application shall be accompanied by a report setting forth
the facts supporting the application.
  (8) The total period of commitment and conditional release
ordered pursuant to this section shall not exceed the maximum
sentence provided by statute for the crime for which the person
was found guilty except for insanity.
  (9) { + (a) + } The board shall maintain and keep current the
medical, social and criminal history of all persons committed to
its jurisdiction.  { + Except as otherwise provided in paragraph
(b) of this subsection, + } the confidentiality of records
maintained by the board shall be determined pursuant to ORS
192.501 to 192.505.
   { +  (b) Upon the request of a law enforcement agency, the
board shall allow the law enforcement agency to examine a copy of
the conditional release order, the police reports of the initial
offense for which the person was placed under the supervision of
the board and the criminal history of a person committed to the
board's jurisdiction if the person is residing within the
jurisdiction of the law enforcement agency. + }
  (10) In determining whether a person should be committed to a
state hospital, conditionally released or discharged, the board
shall have as its primary concern the protection of society.
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