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OREGON HEALTH AUTHORITY,
ADDICTIONS AND MENTAL HEALTH DIVISION: MENTAL HEALTH SERVICES
DIVISION 92
OREGON STATE HOSPITAL
REVIEW PANEL
309-092-0000
Purpose and Scope
Oregon Laws 2011, chapter 708,
Senate Bill 420 (SB 420) went into effect on January 1, 2012. The law created two
tiers of offenders who are found guilty except for insanity and are affected by
a mental disease or defect presenting a substantial danger to others. Under SB 420,
tier one offenders (i.e., Measure 11 offenders) remain exclusively under the jurisdiction
of the Psychiatric Security Review Board (PSRB), but the Oregon Health Authority
(OHA) acquires jurisdiction over tier two offenders (i.e., non-Measure 11 offenders)
while they are in the Oregon State Hospital. OHA is responsible for determining
when tier two offenders may be conditionally released or discharged into the community.
As with the PSRB, OHA must have as its primary concern the protection of society.
In order to implement SB 420, via these rules OHA establishes the Oregon State Hospital
Review Panel (SHRP) and the processes applicable to the SHRP.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0005
Definitions
(1) "Administrative Hearing"
means a meeting of the SHRP where a quorum is present and a conditional release
plan is reviewed or reviewed and modified.
(2)
"Administrative Meeting” means any meeting of the SHRP where a quorum is present
for the purpose of considering matters relating to SHRP policy and administration.
(3) “Authority” means the Oregon
Health Authority.
(4) "Conditional Release" means
a grant by the court, PSRB or SHRP for an individual to reside outside a state hospital
in the community under conditions for monitoring and treatment of mental and physical
health.
(5) “Director” means
the Director of the Authority.
(6) “Division” means
the Addictions and Mental Health (AMH) Division of the Authority.
(7) "Hospital Pass” means
any time an individual will be off hospital grounds for any length of time not accompanied
by hospital staff.
(8) “Individual”
means any person under the jurisdiction of the SHRP.
(9) "Insanity Defense" means
the following: For offenses committed on or after January 1, 1984, an individual
is guilty except for insanity if, as a result of a mental disease or defect at the
time of engaging in criminal conduct, the individual lacked substantial capacity
either to appreciate the criminality of the conduct or to conform the conduct to
the requirements of law. The name of the insanity defense from January 1, 1978,
through December 31, 1983, was "not responsible due to mental disease or defect."
From January 1, 1971, through December 31, 1977, the insanity defense was known
as "not guilty by reason of mental disease or defect." The name of the insanity
defense prior to 1971 was "not guilty by reason of insanity."
(10) "Mental Disease”
means any diagnosis of mental disorder which is a significant behavioral or psychological
syndrome or pattern that is associated with distress or disability causing symptoms
or impairment in at least one important area of an individual's functioning, as
defined in the most recent edition of the Diagnostic and Statistical Manual of Mental
Disorders (DSM) of the American Psychiatric Association.
(11) "Mental Defect" is defined
as mental retardation, brain damage or other biological dysfunction that is associated
with distress or disability causing symptoms or impairment in at least one important
area of an individual's functioning, as defined in the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric
Association. "Mental disease or defect" does not include an abnormality manifested
solely by repeated or criminal or otherwise antisocial conduct. For offenses committed
on or after January 1, 1984, the term "mental disease or defect" does not include
any abnormality constituting solely a personality disorder.
(12) "Proof of Dangerousness"
means any evidence regarding whether the individual’s mental disease or defect
may, with reasonable medical probability, occasionally become active, and when active,
render the individual a substantial danger to others.
(13) “PSRB” refers
to the Psychiatric Security Review Board.
(14) “Quorum” is
the presence of at least three members of the SHRP.
(15) “Review Panel”
or “SHRP” refers to the Oregon State Hospital Review Panel established
by the Authority.
(16) “Review Panel’s
Office” and “Review Panel Staff” means the office and staff of
the Legal Affairs office at a state hospital.
(17) “SB 420” means
OR Laws 2011, chapter 708, Senate Bill 420 that takes effect on January 1, 2012.
(18) “State Hospital”
means a state institution as defined in ORS 179.010 and operated by the Authority.
(19) “Statutory Hearing”
is a meeting of the SHRP where a quorum is present and an application is made for
discharge, conditional release, commitment or modification filed pursuant to ORS
161.336, 161.341 or 161.351 or as otherwise required by ORS 161.337 to 161.351.
(20) “Substantial Danger
to Others” means an individual is a substantial danger to others if the individual
is demonstrating or previously has demonstrated intentional, knowing, reckless or
criminally negligent behavior which places others at risk of physical injury.
(21) “Superintendent”
means the superintendent of a state hospital.
(22) “Tier One Offender”
means an individual who has been found guilty except for insanity of a tier one
offense as defined in ORS 161.332 as amended by SB 420.
(23) “Tier Two Offender”
means an individual who has been found guilty except or insanity only of offenses
that are not tier one offenses.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0010
Membership and Terms
(1) The SHRP shall consist of
five members appointed by the Director of the Authority. The SHRP shall be composed
of a psychiatrist, a psychologist, a member with substantial experience in probation
and parole, a member of the general public and a lawyer. If the Director of the
Authority determines that it is necessary, the psychiatrist position of the SHRP
may be filled by a psychologist.
(2) Members shall initially
serve one year terms, but after January 2013 they shall serve overlapping four-year
terms commencing on the date of their appointment. Vacancies occurring during a
member's term shall be filled immediately by appointment of the Director.
(3) Review Panel Members serve
at the discretion of the Director.
(4) Review Panel Members are
eligible for reappointment.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0015
Chair; Powers and Duties
(1) In January of each year,
the SHRP shall elect — by a majority of Review Panel Members votes —
one of its members as chairperson to serve for a one-year term with the possibility
of reelection.
(2) The chairperson shall have
the powers and duties necessary for the performance of the office. These shall include,
but not be limited to:
(a) Presiding at hearings and
meetings;
(b) Assigning members to panels
and designating an acting chairperson when appropriate; and
(c) Making rulings on procedural
matters.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0020
Responsibilities, Function
and Purpose of Review Panel
(1) The SHRP shall monitor the
mental and physical health and treatment of any individual placed under its jurisdiction
as a result of a finding by a court of guilty except for insanity. The SHRP shall
have as its primary concern the protection of society. In addition, the SHRP's responsibilities
shall include, but not be limited to:
(a) Holding hearings as required
by law to determine the appropriate status of individuals under its jurisdiction;
(b) Modifying or terminating
conditional release plans while individuals under its jurisdiction are in the hospital;
(c) Maintaining and keeping
current medical, social and criminal histories of all individuals under the SHRP's
jurisdiction; and
(d) Observing the confidentiality
of records as required by law.
(2)
The SHRP shall be supported by and the SHRP process and procedures shall be administered
by the Legal Affairs Director and Legal Affairs Staff at the state hospital.
Stat. Auth.: ORS 413.042 & 161.341,
SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0025
Jurisdiction of Individuals
Under The SHRP
The SHRP shall have jurisdiction
as set forth in ORS Chapter 161 over tier two offenders — while they are in
the state hospital — who are adjudged by a court to be guilty except for insanity
and presenting a substantial danger to others:
(1) The court must find that
the individual would have been guilty of a tier two offense during a criminal episode
in the course of which the individual caused physical injury or risk of physical
injury to another.
(2) The period of jurisdiction
of the SHRP, in addition to time spent under jurisdiction of the PRSB while on conditional
release, shall be equal to the maximum sentence the court finds the individual could
have received had the person been found guilty.
(3) TheSHRP and the PSRB do
not consider time spent on unauthorized leave from the custody of the Authority
as part of the jurisdictional time.
(4) The SHRP has jurisdiction
over all tier two individuals who used the insanity defense successfully and were
placed on conditional release or committed to a state mental hospital by the court
prior to January 1, 1978. The period of jurisdiction in these cases shall be equal
to the maximum sentence the person could have received if found guilty and shall
be measured from the date of judgment.
(5) The SHRP shall maintain
jurisdiction over individuals who are legally placed under its jurisdiction by any
court of the State of Oregon and who are housed in a state hospital.
(6) The Juvenile Psychiatric
Security Review Board will have jurisdiction over juveniles found guilty except
for insanity.
(7) Upon receipt of verified
information of time spent in custody, individuals placed under the SHRP's jurisdiction
shall receive credit for:
(a) Time spent in any correctional
facility for the offense for which the individual was placed under the SHRP's jurisdiction;
and
(b) Time spent in custody of
the Authority at a state hospital for determination of the defendant's fitness to
proceed or under a detainer for the criminal charges for which the individual ultimately
was placed under the SHRP's jurisdiction.
Stat. Auth.: ORS 413.042, 161.327,
161.332, 161.336, 161.346, 161.351, 161.385, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0030
Scheduling Review Panel
Hearings and Meetings
(1) The SHRP shall meet at least
twice every two months unless the chairperson determines that there is not sufficient
business before the SHRP to warrant a meeting at the scheduled time.
(2) The SHRP shall hold administrative
meetings as necessary to consider matters relating to SHRP policy and administration.
(3) Public notice shall be given
in accordance with the Public Meetings Law.
(4) The SHRP may hold administrative
hearings to expedite such matters as approving modifications of conditional release
orders, reviewing plans for conditional release and approving or disapproving them.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0035
Quorum and Decisions
(1) The presence of at least
three members of the SHRP constitutes a quorum.
(2) Three concurring votes (affirmative
or negative) are required to make a SHRP decision.
(3) When three members cannot
agree on a decision, the hearing may be continued, for no longer than 60 days. The
tape of the hearing and the exhibits shall be reviewed by the remaining member(s)
and a decision by the majority of the members shall be the finding and order of
the SHRP.
(4) If the attorney for an individual
or a pro se individual objects to the remaining member's or members' review as set
forth in section (2) of this rule, the SHRP may reschedule the matter for a hearing
before the entire SHRP.
(5) If an objection for good
cause is made to a specific member of the SHRP sitting on the panel considering
a specific case, that member shall withdraw and, if necessary, the hearing shall
be postponed and rescheduled.
(6) If an objection for good
cause is made to a specific staff member of the SHRP being present during the panel’s
deliberations in a specific case, and if the SHRP determines that good cause exists,
that staff member shall not be present during deliberations in that case.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0040
Public Meetings Law
(1) All meetings of the SHRP
are open to the public in accordance with the Public Meetings Law.
(2) Deliberations of the SHRP
are not open to the public.
(3) For the purposes of this
rule, the term “public” does not include staff of the SHRP.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0045
Records
(1) A record shall be kept of
SHRP action taken at an administrative meeting and any decision made at an administrative
hearing of the SHRP.
(2) All SHRP hearings, except
SHRP deliberations, shall be recorded by manual or electronic means which can be
transcribed. No other record of SHRP hearings shall be made. All documents considered
at hearings shall be included as exhibits and kept as part of the record.
(a) Audio recordings capable
of being transcribed shall be kept by the SHRP for a minimum period of two years
from the hearing date.
(b) SHRP hearings may be transcribed
from the recording for appeal purposes. If transcribed, the transcript may be substituted
for the original record. ORS 161.348(2) authorizes the SHRP to submit to the appellate
court the record of the proceeding or, if the person agrees, a shortened record.
The record may include a certified true copy of a tape recording of the proceedings
at a hearing.
(c) Any material to which an
objection is sustained shall be removed from the record; the objection and ruling
of the SHRP shall be noted on the record.
(d) The audio tape or transcript
of the proceedings shall be made available at cost to a party to the proceedings
upon request.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0050
Public Records Law; Confidentiality
The attorneys for an individual
or a pro se individual shall have the right to review any records to be considered
at the hearing. Applicable federal
and state confidentiality laws, such as the Health Insurance Portability and Accountability
Act (HIPAA) and ORS 179.505 shall be observed with respect to other requests to
inspect an individual’s records.
Stat. Auth.: ORS 413.042, 161.385, 161.387,
192.450, 192.500, 192.525; & 192.690, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0055
Hearing Notices
The SHRP shall provide written
notice of SHRP hearings to the following persons or agencies within a reasonable
time:
(1) The individual;
(2) The attorney representing
the individual;
(3) The District Attorney;
(4) The community supervisor
or case monitor;
(5) The Court or department
of the county from which the individual was committed;
(6) The victim, if the court
finds that the victim requests notification;
(7) The victim, if subsequent
to the disposition of the criminal case, the victim asks either the PSRB or SHRP
for notification.
(8) Any other interested person
requesting notification ;( 9) A state hospital unit in which the individual resides;
and (10) The PSRB in the case of conditional release hearings.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0060
Information Contained
in Notice
Written notice shall contain
the following:
(1) Time, place and location
of the hearing;
(2) The issues to be considered,
reference to statutes and rules involved, authority and jurisdiction;
(3) A statement of individual’s
rights, including the following:
(4) The right to appear at all
proceedings, except SHRP deliberations;
(5) The right to cross-examine
all witnesses appearing to testify at the hearing;
(6) The right to subpoena witness
and documents as provided in ORS 161.395;
(7) The right to legal counsel
and, if indigent as defined by the indigency standard set forth by the State Court
Administrator's office, to have counsel provided without cost; and
(8) The Right to examine all
information, documents and reports under consideration.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.295
- 161.400, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0065
Time Frame of Hearings
Hearings shall be held within
the following time frames:
(1) The initial hearing under
ORS 161.341(6)(a) shall occur within 90 days following the individual’s placement
under the SHRP's jurisdiction and commitment to a state hospital.
(2) The revocation hearing under
ORS 161.336(4)(c) shall occur within 20 days following the individual’s return
to OSH for violation of the individual’s conditional release requirements.
(3) An individual’s request
for conditional release or discharge under ORS 161.341(3) shall be heard within
60 days of receipt of the request, except for initial requests for conditional release
under ORS 161.341(5).
(4) An individual is eligible
to request a hearing six months after last hearing, and the hearing must be held
within 60 days after filing the request pursuant to ORS 161.341(4).
(5) A request for conditional
release by the state hospital, under ORS 161.341(1) may be made at any time and
shall be heard within 60 days of receipt of the request.
(6) A request by the outpatient
supervisor under ORS 161.336(7)(b) for conditional release, modification of conditional
release or discharge may be made at any time and shall be heard within 60 days of
receipt of request.
(7) Two-year hearings under
ORS 161.341(6)(b) are mandatory for individuals committed to a state hospital when
no other hearing has been held within two years.
Stat. Auth.: ORS 413.042 &
161.341, SB 420.
Stats. Implemented: ORS 161.336,
161.341, 161.351, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0070
Chairperson Conducting
Hearing
The chairperson or acting chairperson
shall preside over hearings and shall have the authority to:
(1) Designate the order of presentation
and questioning;
(2) Determine the scope of questioning;
and
(3) Set time limits and cut
off irrelevant questions and irrelevant or unresponsive answers.
Stat. Auth.: ORS 413.042 &
161, SB 420 .
Stats. Implemented: ORS 161.385,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0075
Patient's Right to Review
Record; Exceptions
(1) Individuals shall receive
directly, or through their attorney, written notice of the hearing and a statement
of their rights in accordance with ORS 161.346.
(2) All exhibits to be considered
by the SHRP shall be disclosed to the individual’s attorney or the individual
if proceeding pro se, as soon as they are available.
(3) Exhibits not available prior
to the hearing shall be made available to the individual’s attorney or the
patient, if not represented, at the hearing.
(4) All material relevant and
pertinent to the individual and issues before the SHRP shall be made a part of the
record.
(5) Any material not made part
of the record shall be separated and a statement to that effect shall be placed
in the record.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0080
Evidence Considered;
Admissibility
The SHRP shall consider all
evidence available to it which is material, relevant and reliable. All evidence
of a type commonly relied upon by reasonably prudent persons in the conduct of their
serious affairs shall be admissible, including but not limited to the following:
(1) The record of trial;
(2) Information supplied by
the state's attorney or any interested party including the individual;
(3) Information concerning the
individual’s mental condition;
(4) The entire psychiatric and
criminal history of the individual including motor vehicle records;
(5) Psychiatric or psychological
reports ordered by the SHRP under ORS 161.346(3);
(6) Psychiatric and psychological
reports under ORS 161.341(2) written by a person chosen by the state or the individual
to examine the individual; and
(7) Testimony of witnesses.
Stat. Auth.: ORS 413.042 &
161, SB 420
Stats. Implemented: ORS 161.336,
161.341 & 161.346, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0085
Motion Practice
Any party bringing a motion before the
SHRP shall submit the motion and memorandum of law to the SHRP and the opposing
party one week prior to the hearing date in which the motion will be heard.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0090
Objections to Evidence
The chairperson or acting chairperson
shall rule on questions of evidence. Hearsay evidence shall not be excluded unless
the chairperson or acting chairperson determines the evidence is not material, relevant
or reliable.
(1) In determining whether the
evidence is material, relevant or reliable, the SHRP shall consider the following:
(a) The age and source of the
documents;
(b) The ability of the witness
to have observed and had personal knowledge of the incidents; and
(c) The credibility of the witness
and whether the witness has bias or interest in the matter.
(2) The individual, the individual’s
attorney or attorney representing the state may object to any evidence. The SHRP
may decide the following:
(a) To sustain the objection
and deny the admission and consideration of the evidence on the grounds that it
is not material, relevant or reliable;
(b) To overrule the objection
and admit the evidence;
(c) In considering the weight
given to that evidence, consider the reason for the objection; or
(d) To grant a continuance for
a period of time, not to exceed 60 days, to allow a witness to appear or be subpoenaed
to testify about the evidence under consideration.
Stat. Auth.: ORS 413.042 &
161.327, SB 420.
Stats. Implemented: ORS 161.346
& 161.385, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0095
Witnesses and Documents;
Subpoena
(1) Witnesses or documents may
be subpoenaed as provided in ORS 161.395 upon request of any party to the hearing
or on the Review Panel's own motion, upon a proper showing of the general relevance
and reasonable scope of the documentary of physical evidence sought.
(2) Witnesses with a subpoena
other than parties or state officers or employees shall receive fees and mileage
as prescribed by law.
(3) A judge of the Circuit Court
of the county in which the hearing is held may compel obedience by proceeding for
contempt for failure of any person to comply with the subpoena issued.
Stat. Auth.: ORS 413.042 &
161.387; SB 420
Stats. Implemented: ORS 161.346
& ORS 161.395; SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0100
Testimony Given on Oath
The SHRP shall take testimony
of a witness upon oath or affirmation of the witness administered by the chairperson
or acting chairperson at the hearing.
Stat. Auth.: ORS 413.042 &
161.327, SB 420.
Stats. Implemented: ORS 161.346
& 161.385, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0105
Standards and Burdens
of Proof
(1) The standard of proof on
all issues at hearings of the SHRP shall be the preponderance of the evidence. The
burden of proof shall depend on the type of hearing:
(a) In an initial 90-day hearing
under ORS 161.341(6)(a), the state has the burden to show the individual continues
to be affected by a mental disease or defect and continues to be a substantial danger
to others.
(b) In a revocation hearing
under ORS 161.336(4)(c), the state has the burden to show the individual’s
unfitness for conditional release and that jurisdiction of the SHRP should continue.
(c) In an individual’s
request for conditional release or discharge under ORS 161.341(3), the individual
has the burden of proving his or her fitness for conditional release or discharge,
unless it has been more than two years since the State had the burden of proof.
In that case, the burden is on the State.
(d) In a request for conditional
release or discharge of the individual by the Authority under ORS 161.341(1), the
state must prove the individual is not appropriate for conditional release or discharge.
(e) In a status review hearing
under ORS 161.346, the state has the burden of proving that the commitment, proposed
conditional release plan or other current status of the patient is appropriate.
(f) In all other cases (such
as two, five, and ten-year hearings), the state bears the burden of proof.
(2) If at any hearing state
hospital staff agrees with the individual on the issue of mental disease or defect,
dangerousness or fitness for conditional release, but no advance notice is given
to the SHRP that the hospital requests discharge or conditional release, the burden
of proof remains with the individual. The testimony of state hospital staff will
be considered as evidence to assist the SHRP in deciding whether the individual
has met his/her burden.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
161.341 & 161.346, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0110
Burden of Going Forward
The party that
has the burden of proof shall also have the burden of going forward with the evidence
(calling and examining witnesses, proposing conditions of release, etc.).
Stat. Auth.:
ORS 413.042 & 161.387, SB 420
Stats.
Implemented: ORS 161.346, SB 420
Hist.:
MHS 13-2011(Temp), f. 12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. &
cert. ef. 6-19-12
309-092-0115
Continuance of Hearing
Upon the request of any party
or on its own motion, the SHRP may for good cause continue a hearing for a reasonable
period of time not to exceed 60 days to obtain additional information or testimony.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0120
Cancellation of Hearing
Unless an individual asks for
cancellation of a hearing for good cause, in writing, and with four weeks' advance
notice, the individual shall not be eligible to request a hearing for six months
from the date of the scheduled hearing.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0125
Use of Restraints
(1) The SHRP prefers to have
individuals appear at hearings without physical restraints. If, in the judgment
of the individual’s physician, the individual might need restraining, the
SHRP prefers to have staff attending the hearing with the individual rather than
use of physical restraints. However, the final decision on use of restraints lies
with the physician.
(2) Any attorney
objecting to the individual appearing with restraints at the hearing may raise the
issue and ask for testimony from the physician.
Stat. Auth.: ORS 413.042 & 161.387,
SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0130
Decisions of The SHRP
(1) Within 15 days following
the conclusion of a hearing, the SHRP shall provide the individual, the attorney
representing the individual, the district attorney representing the state, the committing
court and, where applicable, the Authority and local mental health agency or supervisor
written notice of the SHRP's decision.
(2) The order of the SHRP shall
be signed by a member present at the hearing.
(3) The SHRP may issue its decision
orally on the record at the hearing.
(4) The formal order of the
SHRP shall contain the findings of facts, conclusions of law, reasons for the decision
and notice of the right to appeal under ORS 161.348.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0135
Notification of Right
to Appeal
At the conclusion of a Review
Panel hearing, the chair or acting chair shall provide the individual and attorney
with written notification advising of the right to appeal on an adverse decision.
Within 60 days from the date an order is signed and the right to an attorney if
indigent.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0140
Patient Appearing Pro
Se
When an individual waives the
right to be represented by an attorney, the SHRP shall take written or oral testimony
and decide whether the individual is capable of understanding the proceedings.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0145
Issues Before The SHRP
At any hearing before the SHRP,
issues considered shall be limited to those relevant to the purposes of the hearing.
Notice of intent to raise new issues shall be given to the SHRP in writing prior
to the hearing. If new issues are raised, the SHRP may continue the hearing to consider
the issues and give the parties an opportunity to submit additional evidence.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0150
Primary Concern: Protection
of Society
In determining whether an individual
should be conditionally released or discharged, the SHRP shall have as its primary
concern the protection of society. The SHRP shall not discharge an individual whose
mental disease or defect may, with reasonable medical probability occasionally become
active, and when active, render the individual a danger to others.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
161.341, 161.346, 161.351, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0155
Initial Hearing
After being placed under the
jurisdiction of the SHRP and committed to a state hospital, the individual shall
have an initial hearing before the SHRP to determine whether the individual should
be committed, conditionally released or discharged:
(1) At an initial hearing, the
SHRP shall make a finding on the issue of presence of mental disease or defect and
dangerousness and may base it on the court's findings and any additional information
received.
(2) If the SHRP finds at its
initial hearing that the individual is affected by a mental disease or defect, presents
a substantial danger to others and is not a proper subject for conditional release,
the SHRP shall order the individual committed to a state hospital designated by
the Authority.
(3) If the SHRP finds the individual
is still affected by a mental disease or defect and is a substantial danger to others
but can be adequately controlled with treatment and supervision if conditionally
released, the SHRP shall find the individual appropriate for conditional release
and shall follow procedures set forth in 309-092-0190.
(4) If the SHRP makes a finding
the individual is no longer affected by a mental disease or defect or is no longer
a substantial danger to others, the SHRP shall order the discharge of the individual
from jurisdiction.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
ORS 161.341 & ORS 161.346; SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0160
Revocation Hearing
(1) Within 20 days following
the return of a tier two individual to a state hospital the SHRP shall hold a hearing
and consider whether the revocation was appropriate and whether the individual can
be continued on conditional release or should be committed to a state hospital.
(2) The SHRP may consider a
request for discharge at a revocation hearing or make that finding after considering
the evidence before the SHRP.
(3) If the SHRP finds the individual
is affected by a mental disease or defect and presents a substantial danger to others
and cannot be safely controlled in the community while on conditional release, the
individual shall be committed to a state hospital.
(4) If the SHRP finds the individual
could be controlled in the community but no conditional release plan has been approved
by the SHRP, the SHRP shall order the individual committed to a state hospital but
find the individual appropriate for conditional release, and shall order a conditional
release plan be created.
(a) The SHRP shall specify what
conditions the plan should include.
(b) The SHRP may approve the
conditional release plan submitted by the staff of the hospital, by the individual
or someone on the individual’s behalf, at an administrative hearing.
(c) If the PSRB submits conditions
of release, the SHRP must order that those conditions be followed.
(5) If the SHRP finds the individual
can be controlled in the community and a verified conditional release plan is approved
by the SHRP, the SHRP shall order the individual placed on conditional release.
(6) If the individual has been
charged with a new crime or is serving time in the corrections system, the SHRP
shall not hold a revocation hearing until such time as jurisdiction of the individual
is returned to the Authority or upon an appropriate request to hold a hearing.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0165
Patient Request for Conditional Release
In a hearing before the SHRP on an individual
request for conditional release, the SHRP shall consider whether, although still
affected by mental disease or defect, the individual can be adequately controlled
in the community with treatment and supervision, and shall determine whether the
individual is a proper subject for conditional release in accordance with procedures
set forth in Division 070.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.341,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0170
Patient Request for Discharge
In a hearing before the SHRP
on an individual’s request for discharge, the SHRP shall determine whether
the individual continues to be affected by a mental disease or defect and is a substantial
danger to others:
(1) If the SHRP finds the individual
is no longer affected by mental disease or defect or if so affected, no longer presents
a substantial danger to others, the individual shall be discharged.
(2) If the SHRP finds the individual
is not appropriate for discharge, the SHRP may consider whether the individual is
appropriate for conditional release even if not requested previously by the individual.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.341,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0175
Hospital Request for
Conditional Release
(1) At any time while an individual
is committed to a state hospital the superintendent of the state hospital shall
apply to the SHRP for conditional release if it is the opinion of the treating physician
that the individual continues to be affected by mental disease or defect and continues
to be a danger to others but can be controlled in the community with proper care,
medication, supervision and treatment.
(2) The application shall be
accompanied by an updated report setting forth facts supporting the state hospital
staff's opinion and a plan for treatment and supervision in the community which
includes observations and facts which support staff recommendations.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.341,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0178
SHRP’s Procedure
for Conditional Release of Tier Two Offenders
The SHRP has jurisdiction of
Tier Two offenders while the individuals are in the Oregon State Hospital. The PSRB
has jurisdiction of and supervision over Tier Two offenders conditionally released
from the State Hospital. The SHRP is responsible for conducting the hearings for
the Authority. To efficiently facilitate the issuance of conditional release orders
with conditions provided by the PSRB, the following process will be utilized:
(1) When a Tier Two Offender
(“the individual”) is committed to the jurisdiction of SHRP, SHRP will
send a copy of the commitment order to the PSRB upon receipt.
(2) Throughout the course of
the conditional release planning process for Tier Two offenders in the State Hospital,
SHRP shall continue to conduct the statutorily required hearings for the individual.
(3) Upon receipt of all of the
following documents, SHRP shall forward all of the documents to the PSRB with notice
that SHRP intends to conduct a conditional release hearing in order to allow the
PSRB to conduct an administrative review as provided in OAR 859-070-0040:
(a) SHRP’s order for evaluation
of possible conditional release of a Tier Two offender;
(b) The Tier Two offender’s
current updated SHRP exhibit file;
(c) The evaluation by the proposed
community provider;
(d) A summary of conditional
release plan form which outlines the proposed conditions; and
(e) A Progress Note Update authored
by the treating psychiatrist dated within 30 days of the signed summary of the conditional
release plan form.
(4) The SHRP shall set the matter
for either a full or administrative hearing for consideration of conditional release
no sooner than 30 days after the PSRB has been provided the required documents.
This will allow the time necessary for the SHRP to provide the statutorily-required
notice to the victims and other interested parties as well as for the PSRB to conduct
its review of the proposed conditions of release.
(5) No less than 7 days prior
to that hearing date, the SHRP shall provide a copy of the proposed conditions of
release to the individual’s attorney and the State’s attorney at the
Department of Justice for review and opportunity to request a full hearing regarding
the proposed conditions before issuance of a final order by the SHRP.
(6) If either attorney submits
a written request by fax or email for a full hearing, it must be received no less
than 48 hours prior to the scheduled hearing date. If no request is received, the
SHRP may proceed with an administrative hearing if it chooses.
(7) The SHRP must review the
PSRB’s report and recommended conditions of release. The SHRP may order the
conditional release of the individual, including any applicable conditions, and
the transfer of jurisdiction to the PSRB. The SHRP shall issue a final order within
15 days of its hearing.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.341,
SB 420
Hist.: MHS 9-2012, f. &
cert. ef. 6-19-12
309-092-0180
Hospital or Outpatient
Supervisor Request for Discharge
At any time while an individual
is committed to a state hospital the superintendent of the state hospital or designee
shall apply to the SHRP for discharge if, in the opinion of the hospital physician
or outpatient supervisor, the individual is no longer affected by mental disease
or defect or, if so affected, the person no longer presents a substantial danger
to others. The application shall be accompanied by a report setting forth the facts
supporting the opinion.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.341,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0185
Mandatory Two-Year, Five-Year
Hearings
(1) The SHRP shall have periodic
mandatory hearings for all individuals.
(2) In no case shall an individual
be committed and held in a state hospital under the SHRP's jurisdiction for a period
of time exceeding two years without a hearing before the SHRP to determine whether
the individual should be conditionally released or discharged.
(3) At mandatory two-year hearings,
the SHRP shall consider:
(a) Whether the individual continues
to be affected by mental disease or defect and whether the individual presents a
substantial danger to others; and
(b) If the individual is affected
by mental disease or defect and is a substantial danger to others, whether the individual
could be adequately controlled if conditionally released.
Stat. Auth.: ORS 413.042 &
161.387; SB 420
Stats. Implemented: ORS 161.341
& ORS 161.351; SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0190
Status Hearing
The SHRP may hold a hearing at any time
to review the status of the individual to determine whether a conditional release
or discharge order is appropriate.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.336,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0195
Review Panel Order of
Conditional Release
(1) In determining whether an
order of conditional release is appropriate, the SHRP shall have as its goals the
protection of the public, the best interests of justice and the welfare of the individual.
The SHRP may consider the testimony and exhibits at the hearing regarding the individual’s
behavior in the hospital including the individual’s progress, insight and
responsibility taken for his or her own behavior.
(2) If the SHRP finds the individual
may be controlled in the community and a verified conditional release plan is approved
by the SHRP, the SHRP may order the individual placed on conditional release.
(3) If the SHRP finds the individual
could be controlled in the community but no conditional release plan has been approved
by the SHRP, the SHRP may order the individual to remain in a state hospital but
find the individual appropriate for conditional release pending submission of a
conditional release plan approved by the SHRP.
(a) The SHRP shall specify what
conditions the plan should include and may approve the conditional release plan
submitted by the staff of the state hospital, by the individual or someone on the
individual’s behalf at an administrative hearing.
(b) Following the procedures
set forth in OAR 309-092-0178, the PSRB may provide the SHRP with conditions of
release that the PSRB determines are advisable. If the SHRP orders the individual
conditionally released, the SHRP shall include the conditions of release in the
order.
(4) If a verified conditional
release plan has not been approved and the conditions need further examination and
approval by the SHRP, the SHRP may commit the individual, find the individual appropriate
for conditional release or continue the hearing.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0200
Elements of Conditional
Release Order
(1) The SHRP may consider any
or all of the following elements of a conditional release plan and determine which
are appropriate and necessary to insure the safety of the public. Following the
procedures set forth in OAR 309-092-0178, the PSRB may provide the SHRP with conditions
of release that the PSRB determines are advisable. If the SHRP orders the individual
conditionally released, the SHRP shall include the conditions of release in the
order
(a) Housing must be available
for the individual. The SHRP may require 24-hour supervised housing, a supervised
group home, foster care, housing with relatives or independent housing.
(b) Mental health treatment
must be available in the community. The SHRP-approved provider of the treatment
must have had an opportunity to evaluate the patient and the proposed conditional
release plan and to be heard before the SHRP.
(A) The provider must have agreed
to provide the necessary mental health treatment to the individual.
(B) The treatment may include
individual counseling, group counseling, home visits, prescription of medication
or any other treatment recommended by the provider(s) and approved by the SHRP.
(C) Reporting responsibility:
An individual must be available to be designated by the PSRB as having primary reporting
responsibility.
(2) Special conditions may be
imposed, including but not limited to, the following: no consumption of alcohol,
taking of antabuse, observation by designated individual of each ingestion of medication;
submitting to drug screen tests; no driving; vocational activities; day treatment;
attending school; working; or sex offender assessment and treatment.
(3) Parole and probation supervision
may be ordered.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0205
The Authority’s
Responsibility to Prepare Plan
(1) When a state hospital determines
an individual may be ready for conditional release, the state hospital staff may
request that the SHRP order an evaluation for community placement.
(2) The Division is responsible
for and shall prepare the conditional release plan. In order to carry out the conditional
release plan, the Division may contract with a community mental health program,
other public agency, or Private Corporation or an individual to provide evaluations
for community placement, supervision and treatment.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.336,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0210
Out-of-State Conditional
Release Order
The SHRP may consider and approve
a conditional release plan to have the individual reside out of state.
Stat. Auth.: ORS 413.042 &
161, SB 420 .
Stats. Implemented: ORS 161.336,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0215
Reconsideration
(1) A party to the hearing may
request reconsideration of a Review Panel finding in writing. Also, on its own motion,
the SHRP may reconsider the finding.
(2) If an issue is appropriately
raised, the matter shall be remanded to the SHRP for hearing on that issue. Reconsideration
may be upheld if:
(a) The written findings are
found to be inaccurate or do not support the action taken by the SHRP;
(b) Substantial information
material to the issues which was not known or which could not have been known at
the time of the hearing is received;
(c) A material misrepresentation
of facts or concealment of facts occurred; or
(d) The SHRP decision is contrary
to the rules or statutes governing the SHRP.
(3) If the issues are not appropriately
raised, the individual shall receive written notification of the reasons for denial
of reconsideration.
(4) If good cause exists, a
party to the hearing may request reconsideration by the Director. Subject to the
Director’s discretion and determination of good cause, the Director may reconsider
the SHRP’s findings by listening to the audio of the hearing and reviewing
the exhibits from the hearing. The Director may overrule or sustain the SHRP’s
findings. The Director may also remand the matter to the SHRP for further consideration.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0220
Judicial Review
(1) The Legislature has provided
that a final Review Panel order shall be subject to review by the Court of Appeals
upon petition to the court within 60 days of the issuance of the order in accordance
with ORS 161.385(8).
(2) The SHRP shall
provide the attorney for the individual and the court with the record of proceedings.
Stat. Auth.: ORS 413.042 & 161.387,
SB 420
Stats. Implemented: ORS 161.385,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0225
Enforcement of Review
Panel Orders
The SHRP may apply to the circuit
court of the appropriate county for contempt proceedings under ORS 161.395 when
its directive to an agency or person is not followed.
Stat. Auth.: ORS 413.042 &
161.327, SB 420
Stats. Implemented: ORS 161.395,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0230
Compliance
State or local community mental
health programs shall comply with any order of the SHRP.
Stat. Auth.: ORS 413.042, 137.540,
161,327, 192.620, 430.630, SB 420
Stats. Implemented: ORS 161.336,
161.346, SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0235
Custody of An Individual
Who is a Substantial Danger to Others
The Legislature has provided
that the community mental health program director, the director of the facility
providing treatment to an individual on conditional release, any peace officer or
any individual responsible for the supervision of the individual on conditional
release may take or request that an individual on conditional release be taken into
custody if there is reasonable cause to believe the individual is a substantial
danger to others because of mental disease or defect and the person is in need of
immediate care, custody or treatment. The individual shall be transferred to a state
hospital designated by the Authority.
Stat. Auth.: ORS 413.042 &
161.387, SB 420
Stats. Implemented: ORS 161.346,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
309-092-0240
Leaves and Passes
(1) Any overnight or out-of-town
leave of absence or pass request for SHRP individuals in a state hospital shall
be signed by a physician and submitted to the hospital Risk Review Committee for
initial consideration. A leave of absence or pass may be requested when the physician
is of the opinion that a leave of absence or pass from the hospital would pose no
substantial danger to others and would be therapeutic for the individual.
(2) If the hospital’s
Risk Review Committee approves the request, the request and recommendation of the
Risk Review Committee shall be presented to the SHRP forthe purposes of ORS 161.326
(Notice to victim).
Stat. Auth.: ORS 413.042, 137.540,
161.315, 161.327, 161.332, 161.341, 161.346, 161.351, 161.365, 161.370, 161.390,
161.400, 192.690, 428.210, SB 420
Stats. Implemented: ORS 161.400,
SB 420
Hist.: MHS 13-2011(Temp), f.
12-21-11, cert. ef. 1-1-12 thru 6-27-12; MHS 9-2012, f. & cert. ef. 6-19-12
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
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