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No. There is no minimum time a person must stay at the hospital nor do all GEI defendants have to go to the hospital.
Because of additional funding from the Oregon Legislature since 2005, an increased number of PSRB clients have been moved into a variety of community placements, including Secure Residential Treatment Facilities (SRTFs). Since more of these facilities have opened, there has not been any increase in the recidivism rate.
State law prohibits the Board from putting anyone on Conditional Release who is determined to be presently dangerous to others. Additionally, individuals the Board places on conditional release go through a comprehensive screening process including four levels of review.
Conditional release is not a new policy. Most states in the US have some type of conditional release program. The PSRB has supervised clients in the community on conditional release since its inception in 1978. Over the past 15 years, over 1500 conditional releases have been granted to individuals who have transitioned into community placements throughout the state of Oregon. Some of these clients remain under supervision for decades or even life.
Please visit our Administrative Meetings page for the dates of upcoming board meetings.
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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