In determining whether an order of conditional release is
appropriate, the Board shall have as its goals the protection of the public,
the best interests of justice, and the welfare of the individual. The Board may
consider the testimony and exhibits at the hearing regarding the patient's
behavior in the hospital including the patient's progress, insight and
responsibility taken for the patient's own behavior:
(1) If the Board finds the person may be
controlled in the community and a verified conditional release plan is approved
by the Board, the Board may order the person placed on conditional release. If
a person has a DOC detainer, the Board may order conditional release to that
agency if the Board finds that the patient no longer needs a hospital level of
care and that the patient could be adequately controlled and treated and the
supervision and treatment necessary are available in that DOC setting.
(2) If the Board finds the person
could be controlled in the community or DOC but no conditional release plan has
been approved by the Board, the Board may order the person committed but find
the person appropriate for conditional release pending submission of a
conditional release plan signed by either a mental health community provider or
DOC. The Board may specify what conditions the plan should include and may
approve the conditional release plan submitted by the staff of the hospital, by
the patient or someone on the patient's behalf at an administrative
hearing.
(3) If a verified
conditional release plan has not been approved and the conditions need further
examination and approval of the Board, the Board may commit the patient, find
the patient appropriate for conditional release or continue the hearing.
Notes
Or. Admin. R.
859-070-0010
PSRB 1-1985, f. 1-3-85,
ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2013(Temp), f.
2-22-13, cert. ef. 3-1-13 thru 8-26-13; PSRB 2-2013, f. & cert. ef.
6-20-13
Stat. Auth.: ORS
161.387
Stats. Implemented: ORS
161.336 &
161.646