When an adult commits a felony and is found by the courts to be Guilty Except for Insanity (GEI), the judge is likely to place the individual under the jurisdiction of the Oregon Psychiatric Security Review Board (PSRB) or the Oregon Health Authority (OHA) depending on the nature of the crime and physical placement of the individual. Tier 1 (ORS 161.332)(3) offenders remain under the PSRB’s jurisdiction during the entire length of their term. Tier 2 offenders who are committed to the Oregon State Hospital fall under OHA’s jurisdiction while they remain in the hospital. While a Tier 2 individual is conditionally released to the community, his or her jurisdiction transfers to the PSRB for monitoring and supervision.
Individuals found GEI are placed under the jurisdiction of the Board or OHA for the maximum sentence they could have received if found guilty of the crime. Sentencing guidelines do not apply.
The Psychiatric Security Review Board’s Statutory Functions are:
- To accept jurisdiction over Guilty Except for Insanity clients
- To protect the public
- To balance the public’s concern for safety with the rights of the client
- To conduct hearings, make findings and issue orders
- To monitor the progress of each client under its jurisdiction
- To revoke conditional release if the client violates their terms
- To maintain a current history on all clients
The Board carries out its functions by conducting hearings and monitoring clients on conditional release. In making decisions, the Board’s primary concern is the protection of the public.
The Board assesses readiness for conditional release planning by:
- Reviewing the exhibit files that contain the reports and evaluations by the client’s providers of various disciplines;
- Listening to the testimony of all witnesses;
- Cross examining witnesses to obtain additional information; and
- Considering the risk to society that the client may pose if returned to the community, using:
- Clinical judgment of professional staff;
- Results of psychological testing and risk assessments performed on the client;
- Recommendations of the Oregon State Hospital’s Risk Review Panel; and
- The availability of resources in the community to compensate for any residual risk.
When release is appropriate and a verified plan is approved by the Board, the person is ordered released from the state hospital subject to the Board's specific conditions.
These conditions include:
- An appropriate housing situation;
- Mental health treatment and supervision;
- The designation of a person who agrees to report monthly to the Board concerning the released person's progress and who also agrees to notify the Board's director immediately of any violations of the release conditions; and
- Any other special conditions deemed appropriate and/or necessary such as abstaining from alcohol and drugs or submitting to random drug screen tests.
A change in mental status that causes a client to pose a risk of substantial danger to others or a violation of the terms of conditional release may result in immediate revocation of the release and return to Oregon State Hospital pending a hearing. Staff typically intervenes before the client becomes a serious risk to the community.
The grounds for revocation include:
- Violation of the terms of the conditional release plan
- A change in mental health status
- Absconding from supervision
- The appropriate community resources are no longer available
The efficacy of the Board’s decision-making and the ability of those treated and supervised persons to succeed on conditional release is evidenced by the fact that in 2012, 99.08% remained in the community on a monthly basis.