74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2004
A-Engrossed
Senate Bill 328
Ordered by the Senate April 20
Including Senate Amendments dated April 20
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Law Commission)
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.
Modifies { - definitions - } { + definition + } of 'mental
disease or defect' { - and 'serious mental condition' - } for
purposes of committing young persons alleged to be within
jurisdiction of juvenile court to custody of Psychiatric Security
Review Board when supervision and treatment is necessary for
public safety.
{ + Directs juvenile panel of Psychiatric Security Review
Board to adopt rules defining type of dangerous behavior that
requires temporary placement of young person with mental
retardation in secure hospital or facility. Directs panel to
consult with Department of Human Services before issuing proposed
rules for public comment or adopting proposed rules. + }
A BILL FOR AN ACT
Relating to juveniles with mental disease or defect; creating new
provisions; and amending ORS 419C.520, 419C.529 and 419C.538.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 6 of this 2007 Act are added to
and made a part of ORS 419C.529 to 419C.544. + }
SECTION 2. { + The juvenile panel of the Psychiatric Security
Review Board exercises continuing jurisdiction over a young
person committed to, or retained in, a hospital or facility
designated by the Department of Human Services under ORS
419C.529. If the board determines after review that the placement
of a young person in the particular hospital or facility is so
inappropriate as to create a substantial danger to others, the
board may direct the department to place the young person in a
specific type of facility or direct specific care or supervision,
but the actual placement of the young person is the
responsibility of the department. + }
SECTION 3. ORS 419C.520 is amended to read:
419C.520. As used in ORS 419C.411, 419C.522 to 419C.527 and
419C.529 to 419C.544:
(1) 'Conditional release' includes but is not limited to the
monitoring of mental and physical health treatment.
(2) 'Mental disease or defect' does not include { - : - }
{ - (a) - } an abnormality:
{ - (A) - } { + (a) + } Manifested only by repeated
criminal or otherwise antisocial conduct;
{ - (B) - } { + (b) + } Constituting solely a personality
disorder; or
{ - (C) - } { + (c) + } Constituting solely a conduct
disorder { - ; or - } { + . + }
{ - (b) A mental defect manifesting in significantly
subaverage general intellectual functioning that is accompanied
by significant limitations in adaptive functioning in at least
two areas or characterized by severe and pervasive impairment
manifested during the developmental period. - }
(3) 'Serious mental condition' means a condition that requires
supervision and treatment services for the safety of others and
is:
(a) A mental illness of major depression;
(b) A mental illness of bipolar disorder; or
(c) A mental illness of psychotic disorder.
SECTION 4. ORS 419C.529 is amended to read:
419C.529. (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 { + on an individual case basis
+ }by the Department of Human Services { + as provided in
subsection (6) of this section + }, 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 { + on an
individual case basis + } by the department { + , as provided in
subsection (6) of this section, + } 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 { + secure + }hospital or { + a secure
intensive community inpatient + } facility designated { + on an
individual case basis + }by the department { + , as provided in
subsection (6) of this section, + }for custody, supervision and
treatment pending a hearing before the juvenile panel in
accordance with ORS 419C.532, 419C.535, 419C.538, 419C.540 and
419C.542 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 ORS 419C.532, 419C.535,
419C.538, 419C.540 and 419C.542.
(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.
(e) State on the record the mental disease or { - defense - }
{ + defect + } on which the young person relied for the
responsible except for insanity defense.
{ + (6) When the department designates a hospital or facility
for commitment of a young person under this section, the
department shall take into account the care and treatment needs
of the young person, the resources of the department and the
safety of the public. + }
SECTION 5. ORS 419C.538 is amended to read:
419C.538. (1) When the juvenile panel of the Psychiatric
Security Review Board orders a young person conditionally
released under ORS 419C.532 (4), 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 ORS 419C.532 (4), 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 ORS
419C.532 (4) may be modified from time to time and conditional
release may be terminated by order of the juvenile panel as
provided in ORS 419C.532 and 419C.542.
(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 ORS 419C.532
(4) 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 state,
county or local 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 6. { + (1) The juvenile panel of the Psychiatric
Security Review Board, by rule pursuant to ORS 183.325 to 183.410
and not inconsistent with law, may implement its policies and set
out its procedure and practice requirements and may promulgate
such interpretive rules as the panel deems necessary or
appropriate to carry out its statutory responsibilities.
(2) The juvenile panel of the Psychiatric Security Review Board
shall adopt rules defining the type of dangerous behavior that
requires the temporary placement of a young person with mental
retardation in a secure hospital or facility.
(3) The juvenile panel of the Psychiatric Security Review Board
shall consult with the Department of Human Services before
issuing proposed rules for public comment and before adopting
rules under this section. + }
----------