Or. Admin. Code § 859-050-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 859-050-0015 - Time of Hearings

Hearings will be held within the following time frames:

(1) Initial hearing under ORS 161.341(6)(a). After a person has been placed under the Board's jurisdiction and committed to a state hospital designated by the Oregon Health Authority-90 days from the date of admission to the state hospital.

(2) Initial review hearing for individual's conditionally released by the court under ORS 161.327(1)(b). After an individual has been placed under the Board's jurisdiction and conditionally released by the court - 90 days from the date listed on the court order.

(3) Revocation hearing, ORS 161.336(4)(c). After return to the state hospital as a result of an Order of Revocation for violation of the conditional release-20 days.

(4) Patient request for conditional release or discharge, ORS 161.341(3)(4)(5). A patient is eligible to request a hearing six months after last hearing. Hearing to be held within 60 days after filing request.

(5) Hospital request, ORS 161.341(1), or outpatient supervisor request, ORS 161.336(5)(b), for conditional release, modification of conditional release or discharge. Request may be made at any time. Hospital requests will be scheduled within 60 days of receiving a completed application for hearing. Outpatient supervisor requests do not have statutory time frame.

(6) Outpatient request for modification of conditional release or discharge, ORS 161.336(5)(a). Outpatients on conditional release are eligible to request a hearing six months after last hearing-scheduling priority will be given to the requests of patients in the hospital.

(7) Two-year hearing, ORS 161.341(6)(b). A hearing is mandatory for persons committed to a state hospital when no other hearing has been held within two years.

(8) Five-year hearing, ORS 161.336(6). Any person who is under the jurisdiction of the Board and who has spent five years on conditional release will be brought before the Board for a hearing within 30 days of the expiration of the five year period.

(9) The Board will hold administrative hearings to expedite modifications of conditional release requests supported by the case monitor. Either party may request that the Board hold an administrative hearing. The Board may deny such a request if too limited by time or other resources to grant it.

(10) Notice of administrative hearings is given to the parties and the district attorney in the county where the GEI was adjudicated, persons who have requested notice and known victims who have requested hearing notice and have a current address on file with the Board. For purposes of this rule, the parties will receive a complete exhibit file containing a minimum of:

(a) Recent monthly progress reports;

(b) A report or correspondence with the treatment provider; and

(c) If applicable, a community conditional release plan.

(11) Either party may request a full hearing on the proposed modification up to the day prior to a scheduled administrative hearing.

(12) When a patient or outpatient's mental health status has changed or he or she can no longer be safely managed under the existing conditional release order, the Board or community provider may issue modifications without notice.

(a) A copy of the new Board order will be distributed to those specified in ORS 161.346(10).

(b) If either party objects to the new order, that party may request a full hearing on the matter.

(13) If a request for discharge will be made at a full hearing, the Board shall be notified of the request as soon as practicable before the scheduled hearing to provide reasonable notice, per ORS 161.346(4) or ORS 161.336(5)(a). If a request for discharge is not made prior to this date, either party may request a continuance or the Board may, of its own motion, continue the matter.

Or. Admin. Code § 859-050-0015

PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 2-1988, f. & cert. ef. 11-16-88; PSRB 1-1989, f. & cert. ef. 10-20-89; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 5-2016, f. & cert. ef. 3/17/2016; PSRB 1-2020, minor correction filed 02/19/2020, effective 2/19/2020; PSRB 2-2020, amend filed 03/20/2020, effective 03/20/2020; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.351, ORS 161.327, ORS 161.346, ORS 161.326 & ORS 161.327