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GEI/REI Hearings
PSRB Hearings: Frequently Asked Questions

When Does PSRB have hearings?

Oregon Law requires that PSRB conduct hearings for the clients it monitors with certain frequency. For details, please see ORS 161.295 – 161.351  for adults and ORS 419C.520 – 419C.544 for juveniles. Hearings for adults are typically conducted Wednesdays, 3-4 times per month, while hearings for juveniles are held once a month on a Monday.
 
Where are PSRB Hearings held?

PSRB Hearings are usually held at the Oregon State Hospital, 2600 Center St NE, Salem, OR 97301. Occasionally, hearings will be held at the PSRB office in Downtown Portland: 610 SW Alder St. Ste. 420, Portland, OR 97205. Check the homepage of the PSRB website for which location hearings will be held.
 
OSH Parking Info and Directions (.pdf)
 
 
Initial Hearings

Initial hearings must occur within 90 days of commitment by court order to PSRB if in the hospital or a secure intensive inpatient facility. See ORS 161.341(6)(a). When an adult client is conditionally released by the court, there is no statutory requirement for that client’s initial hearing to occur within a specified time. However, the Board’s policy is to set those clients’ hearings within 90 days to mirror hospital clients.
 
2-Year/1-Year Hearings

Adult clients who reside at OSH will have a hearing at least once every two years. Individuals who are committed to a hospital under the JPSRB will have a hearing at least once every year.
 
Hospital Request for Conditional Release (CR) or Discharge

When a person is committed to a state hospital or secure intensive community inpatient facility and the superintendent of the hospital or director of the facility is of the belief that the person no longer meets jurisdictional criteria or no longer needs hospital level of care, the statute indicates that the superintendent or director shall apply for an order of discharge or conditional release. The application must be accompanied by a report setting forth the facts supporting the opinion. The PSRB is required to hold a hearing on the application within 60 days (30 days if it is a juvenile) of its receipt. Not less than 20 days (10 days if a juvenile) prior to the hearing, the report is supposed to be sent to the Attorney General. See also the section in this guide about jurisdictional discharge hearings proposed by OSH.
 
5-Year/3-Year Hearings

When an individual is placed on conditional release, the Board will hold a hearing at the five year (three years, if a youth) mark to consider the progress of the client.
 
Patient/Outpatient Requested Hearing

Clients may request a hearing every six months and can request a conditional release evaluation, conditional release, modification to his conditional release or an early discharge from jurisdiction
 
Supervisor request for outpatient hearing

A Case manager case manager may request a hearing if they support a modification to the conditional release or an early discharge from jurisdiction.
 
Revocation Hearings

Within 20 days (10 days, if a youth) after client is admitted to the hospital on a revocation order.
 
What Can I expect at a PSRB Hearing?

Hearings are run like miniature trials. As such, the Board expects courtroom decorum. Cellphones should be off, or, at a minimum, on vibrate. Hats are not allowed. There is no talking allowed amongst the audience during a hearing that is being recorded (as background noise can alter the recording). Children are not allowed, unless a special request is granted; Hearings often involve discussion of graphic details of incidents and information not suitable for children. The Board typically conducts hearings all day. Bring water, lunch, snacks as you likely will not have time to take a lunch break.
 
How far in advance are Hearings scheduled by the PSRB?

Typically, full hearings are scheduled up to three months in advance. Timing varies depending on the circumstances. For example, revocation hearings are scheduled just 2-3 weeks in advance. Occasionally hearings are scheduled at the last minute due to bed availability and anticipated moves of clients, or because there is a serious mental health decompensation and the hearing must be held sooner rather than later. Circumstances vary.
 
Who Decides the Outcomes of the Hearings?

The PSRB is composed of ten Board members, five for the Adult Panel, and five for the Juvenile Panel. A quorum of three is required to decide the outcome of each hearing, so three members are assigned for each hearing day. In instances where conflict exist and one of the sitting Board members is not allowed to render a decision on a case, PSRB staff arrange for a fourth board member to also hear the case, review the exhibit file, and render a decision.
 
How do Case Managers find out the Hearing outcome?

Case Managers may call the PSRB office the day after the hearing for the verbal hearing result or wait for the Board order to be mailed, approximately two weeks after the hearing.
 
Will a hearing still happen if the client’s doctor is not available to testify at the hearing?

Depending on the type of hearing and whether or not there are stipulations, but usually no.
 
If a Client is granted Conditional Release at a Hearing, how soon will the Client be released from the Hospital?

It depends on when the bed is available at the placement where the client will be residing, but typically the hospital processes these requests as quickly as staff is able, most often within a few days of CR being ordered, but that cannot be guaranteed.
 
Does the PSRB allow witnesses, victims, clients and other hearing participants to appear via phone or video-teleconferencing?

Yes. Notify the Board of any special requests and we will facilitate attendance through these alternative means. For details regarding attendance at hearings via phone or video-teleconferencing, please see OAR 859-050-0100
 
Who do I talk to about Victims’ Rights/Services?

See our Victim Information Page  or contact the Oregon Department of Justice Crime Victims’ Services Division:
 
Rebecca Shaw or Krista Anderson
Program Coordinator and Victim Advocate
Crime Victim’s Services Division / Post-Conviction Victim Advocacy Program
Oregon Department of Justice
Phone 503-378-4284 (available 24/7)

Types of Hearings

The Board conducts Full Hearings and Administrative Hearings.
 
Full Hearings: At full hearings, the client, his or her attorney, Department of Justice (represents the State and the District Attorney) and the Board are at the hearing. Two-year, 5-year, revocation and conditional release hearings for adult clients are conducted through a full hearing.
 
Administrative Hearings
 
At an administrative hearing, the Board conducts deliberations in private so the client, case manager and attorneys do not attend. Most modifications of conditional release are handled via an administrative hearing.
 
Scheduling of Hearings

The Board has several statutory mandated timelines to conduct certain hearings. Board staff will schedule a hearing so long as witnesses are available and all necessary documents have been submitted for the exhibit file. If either the client’s attorney or the State’s attorney wants to request a continuance for a valid reason, that should be submitted to the Board at least 10-days prior to the scheduled hearing. The Board also has the authority to continue a case on reasonable grounds. Continuances are typically re-set up to 60-days, sometimes longer if requested by a party. Approximately one week prior to the hearing, the PSRB hearing paralegal will have a tentative order of hearings for the following hearing day. It is important to remember that staff cannot predict precisely how long hearings will take. Maximum flexibility by you is greatly appreciated. Staff will work closely to attempt to accommodate scheduling conflicts.
 
Notice of Hearing

The Department of Justice, defense attorney, district attorney, judge who sentenced the client as well as interested parties and victims who request it receive prior notice of all hearings by the Board.
 
Media at Hearings

Hearings conducted by the PSRB are open to the public. Deliberations by the Board are not open to the public. For details, see the PSRB rule about public records that includes deliberations (OAR 859-040-0015)   and the PSRB rule about media (OAR 859-050-0105). 
 
 

Sample Hearings Documents