Early Discharge

What is an early discharge?

Discharge means a person is no longer under any PSRB supervision. Oregon Revised statute (ORS) 161.346(a) and ORS 161.351(1) require that the PSRB discharge a person from its jurisdiction if it finds by a preponderance of the evidence at a full and fair hearing that the person no longer has a mental illness--even if the person is at high risk to reoffend. In addition, 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.

Board staff notifies victims and the District Attorney for the originating county 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. 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. In addition, hospital and PSRB staff regularly travel to every county and region in Oregon educating attorneys, judges and law enforcement about the GEI laws.