PSRB Rulemaking

Overview

This page will display proposed rule changes of the Psychiatric Security Review Board and announce the comment period for public comments. You can also review recently adopted rules and link to the agency's current, published rules.

Proposed Rules

Proposed rule changes open for public comment. Please send your written comments to the PSRB Rules Coordinator.

Chapter/Division	Rule Summary	Updates	Related Materials	Public Comments
OAR 859-200	The Psychiatric Security Review Board is undertaking a review and update of its Division 200 Administrative Rules, which govern those individuals committed to the Board pursuant to ORS 426.701-702 (Extremely Dangerous Persons with Qualifying Mental Disorder).	To date the following RACs been held: 08/27/2024 09/12/2024 10/01/2024 10/11/2024 Further RACs will be scheduled in 2025.	Recordings Rulemaking on OAR 859-200 Resources Draft Rules 859-200 (10/01/2024) State v. T.L.B., 335 Or App 225 (2024) ORS 426.701 Overview PowerPoint (Presented 8/27/2024) ORS 426.701-2 Legislative and Rulemaking History

Recently Adopted Rules

Permanent and temporary rule changes that have been approved and filed with the Secretary of State within approximately the last six months.

Chapter/Division	Rule Summary	Related Materials
OAR 859-030-0010	This rule removes language no longer relevant since the sunsetting of the State Hospital Review Panel. This rule clarifies criteria the Board applies to maintain jurisdiction over clients adjudicated guilty except for insanity. This rule applies State v. Meiser, 372 Or 438, 440 (2024)	Recordings Rulemaking on OAR 859 030 0010 PSRB Memo on OAR 859-030-0010(3) Public Comment on OAR 859-030-0010 HB 2471 and 14th Amendment Compliance
OAR 859-010-0005(7)	The Court of Appeals issued a decision that relied upon the PSRB’s definition of “danger” in making their finding. The court’s interpretation of the rule is not aligned with the Board’s interpretation and impacts how the Board determines if a person’s jurisdiction under the Board should be retained. The agency filed a temporary modify its definition of “danger” to align with the Board’s practice of determining whether jurisdiction is proper. In addition, the agency filed a petition to the Oregon Supreme Court for review; however, review was denied. Therefore, the agency is moving forward with making the temporary rule permanent.	Recordings Rulemaking on OAR 859-010-0005(7)

2026 Rulemaking Planning Calendar

Rulemaking topics	Community Engagement	RAC	End of Public comments	Anticipated Effective Date
Civil Commitments	February 2026	Feb-March 2026	TBD	June 30 2026
Public Records	February 2026	Feb-March 2026	TBD	June 30 2026
Victim Issues	May 2026	May-June 2026	TBD	September 30, 2026
Hearings Procedures	May 2026	May-June 2026	TBD	September 30, 2026
End of Jurisdiction	August 2026	Aug -Sept 2026	TBD	December 31, 2026
Conditional Release Processes	August 2026	Aug -Sept 2026	TBD	December 31, 2026

See the proposed rule section for specific dates and resources associated with Rulemaking process. Contact the PSRB rules coordinator for more information.

For a more detailed view of rulemaking activities, click here.

Published Rules

PSRB administrative rules can be found on both the Secretary of State's website and the Oregon Transparency website in the following chapters. Click on a chapter number to link to the corresponding set of published rules: