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Pursuant to Governor Brown's Executive Order 21-15, which addresses the current health and safety concerns brought about by the COVID-19 pandemic, all PSRB hearing participants are appearing remotely until further notice. Please call our office if you have any questions.
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.
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.
Initial hearings must occur within 90 days after the court's order committing the individual to PSRB if the client is in the hospital or a secure intensive inpatient facility (ORS 161.341(6)(a)). When the court places an adult client on conditional release, there is no statutory requirement specifying the time for that client’s initial hearing; however, the Board’s policy is to set those clients’ hearings within 90 days to mirror the period associated with hospital clients.
Adult clients who reside at OSH will have a hearing at least once every two years. Individuals committed to a hospital under the JPSRB have hearings at least once every year.
When the PSRB places an individual on conditional release, the Board will hold a hearing at the five year (three years, if a youth) mark to consider the client's progress.
Clients may ask for a hearing every six months, requesting a conditional release evaluation, conditional release, modification to his/her conditional release, or an early discharge from jurisdiction.
A Case manager case manager may request a hearing if they support a modification to the conditional release or an early discharge from jurisdiction.
Held within 20 days (10 days, if a youth) after client is admitted to the hospital on a revocation order.
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.
Please notify the Board of any special requests for remote participation. For details regarding attendance at hearings via phone or video-teleconferencing, please see OAR 859-050-0100.
Please visit our Victims' Rights and Services page here.
Usually, the Board will postpone a client's hearing if the doctor is unavailable to testify; however, depending on the type of hearing and whether the client stipulates to certain matters, continuations are possible.
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.
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).
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