72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 887
LC 1095-1/SB 887-1
SENATE AMENDMENTS TO
SENATE BILL 887
By COMMITTEE ON JUDICIARY
May 2
On page 1 of the printed bill, line 3, delete '162.135,
181.594' and insert '181.595'.
On page 2, line 40, after 'means' insert 'a condition that
requires supervision and treatment services for the safety of
others and is'.
On page 6, line 45, delete ', unlawfulness'.
On page 7, line 45, after 'Board' insert 'under section 13 of
this 2003 Act'.
On page 8, line 9, delete 'and'.
In line 10, delete the period and insert '; and
' (h) Life for a young person who was found to have committed
an act that, if committed by an adult, would constitute murder or
any aggravated form of murder under ORS 163.095 or 163.115.'.
In line 11, delete '(3)' and insert '(1)(h)'.
Delete lines 14 through 16.
Delete lines 19 through 45 and delete pages 9 through 14 and
insert:
' { + SECTION 13. + } { + (1) After the entry of a
jurisdictional order under ORS 419C.411 (2), if the court finds
by a preponderance of the evidence that the young person, at the
time of disposition, has a serious mental condition or has a
mental disease or defect other than a serious mental condition
and presents a substantial danger to others, requiring
conditional release or commitment to a hospital or facility
designated by the Department of Human Services, the court shall
order the young person placed under the jurisdiction of the
Psychiatric Security Review Board.
' (2) The court shall determine whether the young person should
be committed to a hospital or facility designated by the
department or conditionally released pending a hearing before the
juvenile panel of the Psychiatric Security Review Board as
follows:
' (a) If the court finds that the young person is not a proper
subject for conditional release, the court shall order the young
person committed to a hospital or facility designated by the
department for custody, supervision and treatment pending a
hearing before the juvenile panel in accordance with sections 15,
16, 17, 18 and 19 of this 2003 Act and shall order the young
person placed under the jurisdiction of the board.
' (b) If the court finds that the young person can be
adequately controlled with supervision and treatment services if
conditionally released and that necessary supervision and
treatment services are available, the court may order the young
person conditionally released, subject to those supervisory
orders of the court that are in the best interests of justice and
the young person. The court shall designate a qualified mental
health or developmental disabilities treatment provider or state,
county or local agency to supervise the young person on release,
subject to those conditions as the court directs in the order for
conditional release. Prior to the designation, the court shall
notify the qualified mental health or developmental disabilities
treatment provider or agency to whom conditional release is
contemplated and provide the qualified mental health or
developmental disabilities treatment provider or agency an
opportunity to be heard before the court. After receiving an
order entered under this paragraph, the qualified mental health
or developmental disabilities treatment provider or agency
designated shall assume supervision of the young person subject
to the direction of the juvenile panel. The qualified mental
health or developmental disabilities treatment provider or agency
designated as supervisor shall report in writing no less than
once per month to the juvenile panel concerning the supervised
young person's compliance with the conditions of release.
' (c) For purposes of determining whether to order commitment
to a hospital or facility or conditional release, the primary
concern of the court is the protection of society.
' (3) In determining whether a young person should be
conditionally released, the court may order examinations or
evaluations deemed necessary.
' (4) Upon placing a young person on conditional release and
ordering the young person placed under the jurisdiction of the
board, the court shall notify the juvenile panel in writing of
the court's conditional release order, the supervisor designated
and all other conditions of release pending a hearing before the
juvenile panel in accordance with sections 15, 16, 17, 18 and 19
of this 2003 Act.
' (5) When making an order under this section, the court shall:
' (a) Determine whether the parent or guardian of the young
person is able and willing to assist the young person in
obtaining necessary mental health or developmental disabilities
services and is willing to acquiesce in the decisions of the
juvenile panel. If the court finds that the parent or guardian:
' (A) Is able and willing to do so, the court shall order the
parent or guardian to sign an irrevocable consent form in which
the parent agrees to any placement decision made by the juvenile
panel.
' (B) Is unable or unwilling to do so, the court shall order
that the young person be placed in the legal custody of the
Department of Human Services for the purpose of obtaining
necessary mental health or developmental disabilities services.
' (b) Make specific findings on whether there is a victim and,
if so, whether the victim wishes to be notified of any board
hearings concerning the young person and of any conditional
release, discharge or escape of the young person.
' (c) Include in the order a list of the persons who wish to be
notified of any board hearing concerning the young person.
' (d) Determine on the record the act committed by the young
person for which the young person was found responsible except
for insanity. + }
' { + SECTION 14. + } { + As used in sections 13, 15, 17, 18
and 19 of this 2003 Act, 'conditional release' includes but is
not limited to the monitoring of mental and physical health
treatment. + }
' { + SECTION 15. + } { + (1) The juvenile panel of the
Psychiatric Security Review Board shall conduct hearings on an
application for discharge, conditional release, commitment or
modification filed under or required by section 17, 18 or 19 of
this 2003 Act, and shall make findings on the issues before the
juvenile panel.
' (2) In every hearing before the juvenile panel, the juvenile
panel shall determine whether the young person:
' (a) Has a serious mental condition; or
' (b) Has a mental disease or defect other than a serious
mental condition and presents a substantial danger to others.
' (3) The juvenile panel shall order a young person discharged
from commitment or conditional release if the juvenile panel
finds that the young person:
' (a) No longer has a mental disease or defect; or
' (b) Has a mental disease or defect other than a serious
mental condition but no longer presents a substantial danger to
others.
' (4) The juvenile panel shall order a young person
conditionally released subject to section 17 of this 2003 Act if
the juvenile panel finds that:
' (a) The young person:
' (A) Has a serious mental condition; or
' (B) Has a mental disease or defect other than a serious
mental condition and presents a substantial danger to others;
' (b) The young person can be controlled adequately if
conditionally released with treatment services as a condition of
release; and
' (c) Necessary supervision and treatment services are
available.
' (5) The juvenile panel shall order a young person committed
to, or retained in, a hospital or facility designated by the
Department of Human Services for custody, supervision and
treatment subject to section 18 of this 2003 Act if the juvenile
panel finds that the young person:
' (a)(A) Has a serious mental condition; or
' (B) Has a mental disease or defect other than a serious
mental condition and presents a substantial danger to others; and
' (b) Cannot be controlled adequately if conditionally
released.
' (6) In determining whether a young person should be committed
to or retained in a hospital or facility, conditionally released
or discharged, the primary concern of the juvenile panel is the
protection of society.
' (7) In a hearing before the juvenile panel, a young person
who has a mental disease or defect in a state of remission is
considered to have a mental disease or defect if the mental
disease or defect may, with reasonable medical probability,
occasionally become active.
' (8) At any time, the juvenile panel may appoint a
psychiatrist certified, or eligible to be certified, by the Board
of Medical Examiners in child psychiatry or a licensed
psychologist with expertise in child psychology to examine the
young person and submit a written report to the juvenile panel.
Reports filed with the juvenile panel pursuant to the examination
must include, but need not be limited to, an opinion as to
whether the young person:
' (a)(A) Has a serious mental condition; or
' (B) Has a mental disease or defect other than a serious
mental condition and presents a substantial danger to others; and
' (b) Could be adequately controlled with treatment services as
a condition of release.
' (9) The juvenile panel may make a determination regarding
discharge or conditional release based upon the written reports
submitted under subsection (8) of this section or section 18 (3)
of this 2003 Act. If a member of the juvenile panel desires
further information from the examining psychiatrist or licensed
psychologist who submitted the report, the juvenile panel shall
summon the psychiatrist or psychologist to give testimony.
' (10) The juvenile panel shall consider all available evidence
that is material, relevant and reliable regarding the issues
before the juvenile panel. Evidence may include, but is not
limited to, the record of the juvenile court adjudication,
information supplied by the attorney representing the state or by
any other interested person, including the young person,
information concerning the young person's mental condition and
the entire psychiatric and juvenile court history of the young
person. All evidence of a type commonly relied upon by
reasonably prudent persons in the conduct of their serious
affairs is admissible at the hearings. Testimony must be taken
upon oath or affirmation of the witness from whom received. The
officer presiding at the hearing shall administer oaths and
affirmations to witnesses.
' (11) The standard of proof on all issues at a hearing of the
juvenile panel is by a preponderance of the evidence.
' (12)(a) The juvenile panel shall furnish written notice of
any hearing pending under this section within a reasonable time
prior to the hearing to:
' (A) The young person about whom the hearing is being
conducted;
' (B) The attorney representing the young person;
' (C) The young person's parents or guardians, if known;
' (D) The person having legal custody of the young person;
' (E) The Attorney General; and
' (F) The district attorney and the court or juvenile
department of the county in which the young person was
adjudicated.
' (b) The juvenile panel shall include in the notice required
by paragraph (a) of this subsection:
' (A) The time, place and location of the hearing;
' (B) The nature of the hearing and the specific action for
which the hearing has been requested, the issues to be considered
at the hearing and a reference to the particular sections of the
statutes and rules involved;
' (C) A statement of the authority and jurisdiction under which
the hearing is to be held; and
' (D) A statement of all rights under subsection (13) of this
section.
' (13) A young person about whom a hearing is being held has
the right:
' (a) To appear at all proceedings held under this section,
except juvenile panel deliberations.
' (b) To cross-examine all witnesses appearing to testify at
the hearing.
' (c) To subpoena witnesses and documents as provided in ORS
161.395.
' (d) To be represented by suitable legal counsel possessing
skills and experience commensurate with the nature and complexity
of the case, to consult with counsel prior to the hearing and, if
financially eligible, to have suitable counsel appointed at state
expense.
' (e) To examine all information, documents and reports that
the juvenile panel considers and, if the information, documents
and reports are available to the juvenile panel before the
hearing, to examine them prior to the hearing.
' (14) Except for deliberations of the juvenile panel, the
juvenile panel shall keep a record of all hearings before the
juvenile panel.
' (15) Upon request of a person listed in subsection (12)(a) of
this section or on its own motion, the juvenile panel may
continue a hearing for a reasonable period not to exceed 60 days
to obtain additional information or testimony or for other good
cause shown.
' (16) Within 15 days after the conclusion of the hearing, the
juvenile panel shall provide written notice of the juvenile
panel's decision to the young person, the attorney representing
the young person, the young person's parents or guardians, if
known, the person having legal custody of the young person, the
district attorney of the county in which the young person was
adjudicated and the Attorney General or other attorney
representing the state, if any.
' (17) The juvenile panel shall maintain and keep current the
medical, social and delinquency history of all young persons. The
juvenile panel shall determine the confidentiality of records
maintained by the juvenile panel pursuant to ORS 192.501 to
192.505. + }
' { + SECTION 16. + } { + (1) If the juvenile panel of the
Psychiatric Security Review Board determines that a young person
about whom a hearing under section 15 of this 2003 Act is being
held is financially eligible, the juvenile panel shall appoint
suitable counsel to represent the young person. Counsel appointed
must be an attorney who satisfies the professional qualification
standards established by the Public Defense Services Commission
under ORS 151.216. The public defense services executive director
shall determine and allow fair compensation for counsel appointed
under this subsection and the reasonable expenses of the young
person in respect to the hearing. Compensation payable to
appointed counsel may not be less than the applicable
compensation level established under ORS 151.216. The public
defense services executive director shall pay compensation and
expenses allowed from funds available for that purpose.
' (2) When the juvenile panel appoints counsel to represent the
young person, the juvenile panel may order the young person, if
able, parent, if able, or guardian of the estate, if the estate
is able, to pay to the Public Defense Services Account in the
General Fund, through the clerk of the court, in full or in part,
the administrative costs of determining the ability of the young
person, parent or estate to pay for legal services and the costs
of the legal and other services that are related to the provision
of appointed counsel. The juvenile panel's order of payment may
be entered in the County Clerk Lien Record and enforced as
provided in ORS 205.126.
' (3) The test of the young person's, parent's or estate's
ability to pay costs under subsection (2) of this section is the
same test as applied to appointment of counsel for defendants
under ORS 135.050 or under the rules adopted under ORS 151.216.
If counsel is provided at state expense, the juvenile panel shall
apply this test in accordance with the guidelines adopted by the
Public Defense Services Commission under ORS 151.485.
' (4) If counsel is provided at state expense, the juvenile
panel shall determine the amount the young person, parent or
estate is required to pay for the costs of administrative, legal
and other services related to the provision of appointed counsel
in the same manner as this amount is determined under ORS
151.487.
' (5) The Attorney General may represent the state at contested
hearings before the juvenile panel unless the district attorney
of the county in which the young person was adjudicated elects to
represent the state. The district attorney of the county in which
the young person was adjudicated shall cooperate with the
Attorney General in securing the material necessary for
presenting a contested hearing before the juvenile panel. If the
district attorney elects to represent the state, the district
attorney shall give timely written notice to the Attorney
General, the juvenile panel and the attorney representing the
young person. + }
' { + SECTION 17. + } { + (1) When the juvenile panel of the
Psychiatric Security Review Board orders a young person
conditionally released under section 15 (4) of this 2003 Act, the
juvenile panel may designate a qualified mental health or
developmental disabilities treatment provider or state, county or
local agency to supervise the young person on release subject to
those conditions as the juvenile panel directs in the order for
conditional release. Prior to the designation, the juvenile panel
shall notify the qualified mental health or developmental
disabilities treatment provider or agency to whom conditional
release is contemplated and provide the qualified mental health
or developmental disabilities treatment provider or agency an
opportunity to be heard before the juvenile panel. After
receiving an order entered under section 15 (4) of this 2003 Act,
the qualified mental health or developmental disabilities
treatment provider or agency designated shall assume supervision
of the young person pursuant to the direction of the juvenile
panel.
' (2) Conditions of release contained in orders entered under
section 15 (4) of this 2003 Act may be modified from time to time
and conditional release may be terminated by order of the
juvenile panel as provided in sections 15 and 19 of this 2003
Act.
' (3)(a) As a condition of release, the juvenile panel may
require the young person to report to any state, county or local
mental health or developmental disabilities facility for
evaluation. Whenever medical, psychiatric or psychological
treatment is recommended, the juvenile panel may order the young
person, as a condition of release, to cooperate with and accept
the treatment of the facility.
' (b) The facility to which the young person has been referred
for evaluation shall perform the evaluation and submit a written
report of its findings to the juvenile panel. If the facility
finds that treatment of the young person is appropriate, the
facility shall include its recommendations for treatment in the
report to the juvenile panel.
' (c) Whenever treatment is provided by the facility, the
facility shall furnish reports to the juvenile panel on a regular
basis concerning the progress of the young person.
' (d) The facility shall comply with any other conditions of
release prescribed by order of the juvenile panel.
' (4) If at any time it appears to the juvenile panel or the
chairperson of the juvenile panel that a young person has
violated the terms of conditional release or that the mental
health of the young person has changed, the juvenile panel or the
chairperson of the juvenile panel may order the young person
returned to a hospital or facility designated by the Department
of Human Services for evaluation and treatment. A written order
of the juvenile panel, or the chairperson of the juvenile panel
on behalf of the juvenile panel, is sufficient warrant for any
peace officer to take the young person into custody and transport
the young person accordingly. A peace officer shall execute the
order, and the young person shall be returned as soon as
practicable to a facility designated by the department. Within 20
days following the return of the young person to the facility
designated by the department, the juvenile panel shall conduct a
hearing. At a hearing required by this subsection, the state has
the burden of proving the young person's lack of fitness for
conditional release.
' (5) The community mental health and developmental
disabilities program director, the director of the facility
providing treatment for the young person on conditional release,
a peace officer or a person responsible for the supervision of a
young person on conditional release may take a young person into
custody or request that the young person be taken into custody if
there is reasonable cause to believe the young person presents a
substantial danger to others and that the young person is in need
of immediate custody, supervision and treatment. A young person
taken into custody under this subsection must immediately be
transported to a hospital or facility designated by the
department. Within 20 days following the return of the young
person to the facility designated by the department, the juvenile
panel shall conduct a hearing. At a hearing required by this
subsection, the state has the burden of proving the young
person's lack of fitness for conditional release.
' (6)(a) A young person conditionally released under section 15
(4) of this 2003 Act may apply to the juvenile panel for
discharge from or modification of an order of conditional release
on the ground that the young person no longer has a mental
disease or defect or, if affected by a mental disease or defect
other than a serious mental condition, no longer presents a
substantial danger to others and no longer requires supervision
or treatment services. Within 60 days after receiving an
application under this paragraph, the juvenile panel shall
conduct a hearing. At a hearing required by this paragraph, the
young person has the burden of proving the young person's fitness
for discharge or modification of the order of conditional
release. A young person may not apply for discharge or
modification of conditional release more often than once every
six months.
' (b) Upon application by any qualified mental health or
developmental disabilities treatment provider or agency
responsible for supervision or treatment services pursuant to an
order of conditional release, the juvenile panel shall conduct a
hearing to determine if the conditions of release should be
continued, modified or terminated. The application must be
accompanied by a report setting forth the facts supporting the
application. At a hearing required by this paragraph, the state
has the burden of proving the young person's lack of fitness for
discharge or modification of the order of conditional
release. + }
' { + SECTION 18. + } { + (1) The director of a hospital or
facility to which a young person was committed under section 15
(5) of this 2003 Act shall apply to the juvenile panel of the
Psychiatric Security Review Board for an order of discharge or
conditional release of the young person if, at any time after the
commitment, the director is of the opinion that the young person:
' (a) No longer has a mental disease or defect;
' (b) Has a mental disease or defect other than a serious
mental condition but no longer presents a substantial danger to
others; or
' (c) Can be controlled with proper supervision and treatment
services if conditionally released.
' (2) The director shall include in an application under
subsection (1) of this section a report setting forth the facts
that support the opinion of the director. If the application is
for conditional release, the director shall also include a
verified conditional release plan. The juvenile panel shall hold
a hearing on an application under subsection (1) of this section
within 30 days of its receipt. Not less than 10 days prior to the
hearing before the juvenile panel, copies of the report must be
sent to the Attorney General, the district attorney of the county
in which the young person was adjudicated, the young person, the
young person's attorney, the young person's parents or guardians,
if known, and the person having legal custody of the young
person.
' (3) The attorney representing the state may choose a
psychiatrist certified, or eligible to be certified, by the Board
of Medical Examiners in child psychiatry or a licensed
psychologist with expertise in child psychology to examine the
young person prior to any decision of the juvenile panel on
discharge or conditional release. The results of the examination
must be in writing and filed with the juvenile panel and must
include, but need not be limited to, an opinion as to whether the
young person:
' (a)(A) Has a serious mental condition; or
' (B) Has a mental disease or defect other than a serious
mental condition and presents a substantial danger to others; and
' (b) Could be adequately controlled with treatment services as
a condition of release.
' (4) A young person who has been committed to a hospital or
facility under section 15 (5) of this 2003 Act or the young
person's parents or guardians acting on the young person's behalf
may apply to the juvenile panel for an order of discharge or
conditional release upon the grounds that the young person:
' (a) No longer has a mental disease or defect;
' (b) Has a mental disease or defect other than a serious
mental condition but no longer presents a substantial danger to
others; or
' (c) Can be controlled with proper supervision and treatment
services if conditionally released.
' (5) When an application is made under subsection (4) of this
section, the juvenile panel shall require a report from the
director of the hospital or facility. The director shall prepare
and transmit the report as provided in subsection (2) of this
section.
' (6) At a hearing on an application under subsection (4) of
this section:
' (a) The applicant has the burden of proving the young
person's fitness for discharge or conditional release; or
' (b) If more than two years have passed since the state had
the burden of proving the young person's lack of fitness for
discharge or conditional release, the state has the burden of
proving the young person's lack of fitness for discharge or
conditional release.
' (7) A person may not file an application for discharge or
conditional release under subsection (4) of this section:
' (a) Sooner than 90 days after the initial juvenile panel
hearing concerning the young person.
' (b) If another application for discharge or conditional
release of the young person was filed during the immediately
preceding 90 days.
' (8) The juvenile panel shall hold a hearing on an application
under subsection (4) of this section within 30 days after the
application is filed. + }
' { + SECTION 19. + } { + (1) A young person committed by
the court under section 13 of this 2003 Act to a hospital or
facility designated by the Department of Human Services may not
be held in the hospital or facility for more than 90 days from
the date of the court's commitment order without an initial
hearing before the juvenile panel of the Psychiatric Security
Review Board to determine whether the young person should be
discharged or conditionally released.
' (2) A young person may not be held pursuant to an order under
section 15 (5) of this 2003 Act for a period of time exceeding
one year without a hearing before the juvenile panel to determine
whether the young person should be discharged or conditionally
released.
' (3) When a young person has spent three years on conditional
release, the juvenile panel shall bring the young person before
the juvenile panel no later than 30 days after the expiration of
the three-year period. The juvenile panel shall review the young
person's status and determine whether the young person should be
discharged from the jurisdiction of the board.
' (4) Notwithstanding the fact that a young person who is
brought before the juvenile panel under subsection (3) of this
section continues to have a serious mental condition, the
juvenile panel may discharge the young person if the young person
did not exhibit behaviors that presented a substantial danger to
others during the period of conditional release and no longer
requires supervision by the juvenile panel. + } ' .
On page 15, delete lines 1 through 36.
On page 16, line 42, delete 'One' and insert 'The adult'.
In line 45, delete 'other' and insert 'juvenile'.
On page 18, line 27, delete 'One' and insert 'The adult'.
In line 30, delete 'other' and insert 'juvenile'.
On page 24, delete lines 20 through 45 and insert:
' { + NOTE: + } Section 27 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 25, delete lines 1 through 12.
On page 30, delete lines 13 through 45 and insert:
' { + SECTION 36. + } ORS 181.595 is amended to read:
' 181.595. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency or official to whom a person
reports under subsection (3) of this section shall complete a sex
offender registration form concerning the person when the person
reports under subsection (3) of this section.
' (b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
chief of police or a county sheriff and provide the supervising
agency with proof of the completed registration.
' (2) Subsection (3) of this section applies to a person who:
' (a) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
' (A) Conviction of a sex crime;
' (B) Having been found guilty except for insanity of a sex
crime; or
' (C) Having been found to be within the jurisdiction of the
juvenile court for having committed an act that if committed by
an adult would constitute a sex crime;
' (b) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state;
' (c) Is paroled to or otherwise placed in this state after
having been found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult; { - or - }
' { + (d) Is discharged or placed on conditional release by
the juvenile panel of the Psychiatric Security Review Board after
having been found to be responsible except for insanity under ORS
419C.411 of an act that would constitute a sex crime if committed
by an adult; or + }
' { - (d) - } { + (e) + } Is discharged by the court under
ORS 161.329 after having been found guilty except for insanity of
a sex crime.
' (3)(a) Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional
release, the person shall report, in person, to the Department of
State Police, a chief of police or a county sheriff or to the
supervising agency, if any. Thereafter, the person shall report,
in person:
' (A) Within 10 days of a change of residence; and
' (B) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence.
' (b) The person shall make the reports required by paragraph
(a)(A) and (B) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any.
' (c) If the person required to report under this subsection is
a youth offender { + or young person + }, as defined in ORS
419A.004, who is under supervision, the person shall make the
reports required by paragraph (a) of this subsection to the
agency supervising the person.
' (d) The obligation to report under this section terminates if
the conviction or adjudication that gave rise to the obligation
is reversed or vacated or if the registrant is pardoned.
' (4) As part of the registration requirement under this
section, the Department of State Police, the chief of police, the
county sheriff or the supervising agency:
' (a) Shall photograph the person and obtain the signature of
the person; and
' (b) May fingerprint the person.'.
On page 31, delete lines 1 through 9.
In line 28, delete '162.135' and insert '181.595'.
In line 29, delete '23 to 30' and insert '23 to 26, 28 to 30'.
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