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remain in the hospital only as long as they are currently considered dangerous
to others. While under PSRB jurisdiction, patients may be placed on conditional
release when the Board believes they can be maintained safely in the community.
Patients may also be discharged from the hospital when the Board decides they
meet criteria for a jurisdictional (early) discharge, or at the scheduled end
of their PSRB term.
The Psychiatric Security Review Board monitors clients on conditional release at the following security levels:
Secure Residential Facility (SRTF)
Residential Treatment Facility (RTF)
Residential Treatment Home (RTH)
Adult Foster Home (AFH)
Intensive Case Management (ICM)
Discharge (or “jurisdictional discharge") means a person is not on any PSRB supervision. ORS 161.346(a) and ORS 161.351(1) require that the PSRB discharge a person from its jurisdiction if it finds that, by a preponderance of the evidence, at a full and fair hearing, a patient no longer has a qualifying mental disorder—even if the person is at high risk to reoffend. Additionally, the Oregon State Hospital is mandated by ORS 161.341(a) to request an early discharge hearing if the hospital does not believe a patient has a mental illness. Note that pursuant to ORS 161.295(2) and Oregon appellate court case law, personality disorder, sexual conduct disorders and voluntary substance-related intoxication are not qualifying mental disorders.
Victims and the District Attorney of the GEI county receive notification of all PSRB hearings. The District Attorney or the Assistant Attorney General representing the State has the right to request its own independent psychiatric examination and to present the results to the Board if they so choose. See ORS 161.341(2).
The current statutory structure does not allow PSRB to keep jurisdiction of persons without a mental illness—even if they are at risk to reoffend. We also cannot transfer jurisdiction to the Department of Corrections (DOC) or Community Corrections because there is no current statutory authority to do so.
In 2011, the Legislature made improvements to the judicial system by creating a certified evaluator requirement for all GEI cases. This requirement was implemented to improve the quality of forensic evaluations and minimize the risk that a defendant is inappropriately found guilty except for insanity and placed under the PSRB. Additionally, hospital staff and PSRB regularly travel to every county and region in Oregon educating attorneys, judges, and law enforcement about the GEI laws
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