Discharge means a person is not under any PSRB supervision. Oregon Revised Statutes 161.346(a) and 161.351(1) require the PSRB to discharge a person from its jurisdiction if it finds, by a preponderance of the evidence at a full and fair hearing, that a patient no longer has a mental illness--even if the person is at high risk to reoffend. In addition, ORS 161.341(a) requires the Oregon State Hospital to request an early discharge hearing if the hospital believes a patient does not have 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 mental illnesses.
As noted above, the PSRB notifies the GEI county's district attorney and any victims who request 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).
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 Department of Corrections (DOC) or Community Corrections because there is no current statutory authority to do so.
Since 2011, the Legislature has made improvements to the judicial system by creating a certified evaluator requirement for all GEI cases. The legislature implemented this requirement to improve the quality of forensic evaluations and to minimize the risk that a defendant will be found guilty except for insanity inappropriately and placed under the PSRB. Also, hospital and PSRB staff regularly travel to every county and region in Oregon educating attorneys, judges, and law enforcement about GEI laws.
For more information, please contact the PSRB (503) 229-5596.