Or. Admin. R. 859-070-0005 - Court Conditional Release
(1)
If the court finds the person presents a substantial danger to others but may
be adequately controlled with supervision and treatment if conditionally
released, and that necessary supervision and treatment are available, the
court, instead of ordering the person committed to a state hospital, may order
the person conditionally released.
(2) To make the finding above, the court
must:
(a) Order a consultation to the local
mental health program designated by the Board to determine whether the
necessary supervision and treatment for the person are available in the
community and appropriate for the person.
(A)
A consultation must be ordered by the court when the person's most serious
offense in the charging instrument is a Class C felony.
(B) A consultation may be ordered by the
court when the person's most serious offense in the charging instrument is a
Class A or Class B felony.
(b) Order a community evaluation if the local
mental health program determines through the consultation that the necessary
supervision and treatment for the person are available in the community and
appropriate for the person.
(3) All orders conditionally releasing a
person must include:
(a) The agency designated
by the Board to supervise the person upon release;
(b) The address where the person shall
reside; and
(c) Those conditions as
outlined on the Summary of Conditional Release Plan template available on the
PSRB's website, including, but not limited to mandated treatment type and
frequency and other special conditions that the court finds are in the best
interests of justice, the protection of society and the welfare of the
person.
(4) The court
must notify the Board within one judicial day of a conditional release order
and provide to the Board an electronic copy of the conditional release
order.
(5) The Board shall hold an
initial review hearing within 90 days from the date an individual is ordered to
be placed on a court conditional release. The Board may issue an order
continuing the court order of conditional release when all the elements of the
conditional release plan are in accordance with procedures set forth in
Division 70.
(6) The Board may
issue a modification of the court order of conditional release when, upon
review, elements of the plan have changed, have not been set out in sufficient
detail or additional conditions are needed.
(7) The Board may issue an order of
revocation in accordance with provisions set forth in Division 80.
Notes
Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.327
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