Or. Admin. Code § 859-570-0025

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

Section 859-570-0025 - Modification Of/Discharge From Conditional Release

(1) Modification. Modification of an order of conditional release may be proposed by the youth, the person supervising the youth, or staff of the mental health facility providing treatment to the youth, or the Board on its own motion upon a review of the status of the youth.

(a) Modifications of conditional release may be considered by the Board at a hearing after giving proper notice.

(b) The individual designated by the Board as having primary reporting responsibility shall provide the Board with a written summary of the youth's progress which shall include the specific nature of the request for modification, evidence of recent behavior supporting the modification, and any evidence of recent behaviors that would not support modification, as well as what precautions will be taken to off-set any changes in plan.

(c) If the Board considers the request for modification at a full hearing, the designated individual having primary reporting responsibility shall be available to testify, in person, if possible, or telephonically on these issues at the Board hearing.

(2) Discharge.

(a) A request for discharge from Board jurisdiction may be proposed by the youth on conditional release, the person supervising the youth, or the staff of the facility providing treatment to the youth. The Board must be notified of the request as soon as practicable before the scheduled hearing to provide reasonable notice, per ORS 419C.540(2). 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.

(b) This request shall be accompanied by a psychiatric/psychological evaluation of the youth that has been performed within 30-days of the hearing date by his community treatment practitioner. This evaluation shall address what the youth's current diagnosis is; whether the qualifying mental disorder is active or in remission; and whether the youth's qualifying mental disorder, with reasonable medical probability, will occasionally become active, and when active, render the youth a substantial danger to others. This report shall be submitted to the Board no later than 10 days prior to hearing. The individual making the request shall be available to testify in person, if possible, or telephonically on these issues at the Board hearing. The psychiatrist/psychologist evaluator shall also be available to testify either in person or by phone.

(c) All requests for discharge shall be considered only at a full hearing.

Or. Admin. Code § 859-570-0025

PSRB 2-2010, f. & cert. ef. 9-28-10; PSRB 10-2017, amend filed 12/11/2017, effective 1/1/2018; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387 & ORS 419C.533

Statutes/Other Implemented: ORS 161.332, ORS 161.336, ORS 161.346, ORS 161.390, ORS 419C.520, ORS 419C.529, ORS 419C.532, ORS 419C.538 & ORS 419C.540