When a young person is found by the courts to be Responsible Except for Insanity (REI), the judge will place the juvenile under the jurisdiction of the Oregon Psychiatric Security Review Board (PSRB) if:
(1) the court finds that the young person has a serious mental condition (defined as major depression, bipolar disorder or psychotic disorder); or
(2) the court finds that the young person has a mental disease or defect other than a serious mental condition an represents a substantial danger to others, requiring conditional release or commitment to a hospital or facility.
Individuals found REI are placed under the jurisdiction of the Board for the maximum sentence they could have received if found guilty of the crime or until age 25, whichever is shorter. Sentencing guidelines do not apply.
The Psychiatric Security Review Board’s Statutory Functions are:
- To accept jurisdiction over REI 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.
While under the Board’s jurisdiction, youth can be committed to the Secure Adolescent Intensive Program (SAIP) for those with a mental illness or Secure Children’s In-patient Treatment Program (ITP) for those with developmental disabilities. When a juvenile turns 18 years old, they are transferred from SAIP/ITP to Oregon State Hospital for care and treatment if the Board determines they need hospital level of care. Individuals can also be conditionally released and placed at a variety of lower levels of care, ranging from residential treatment facilities to independent living. The Board determines what type of facility is appropriate based on both a clinical and risk assessment, including the level of treatment, care and supervision required by the client. Conditional release is conferred on a client once the Board determines that he or she can be adequately controlled with supervision and treatment in the community and that the supervision and treatment necessary are available.
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; 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 a Board, the person is ordered released from the secure facility 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 the youth 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 a secure facility 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