Or. Admin. R. 859-070-0015 - Elements of Conditional Release Order
The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to insure the safety of the public:
(1) Housing: Housing must be available for
the patient. The Board may require 24-hour supervised housing, a supervised
group home, foster care, housing with relatives or independent housing.
(2) Mental health treatment:
Mental health treatment must be available in the community or at DOC. The
Board-approved provider of the treatment must have had an opportunity to
evaluate the patient and the proposed conditional release plan and to be heard
before the Board. The Board shall not require an evaluation be performed by DOC
staff prior to consideration of conditional release due to the nature of that
state agency, its security and its resources for the provision of mental health
services. The provider must have agreed to provide the necessary mental health
treatment to the patient. The treatment may include: individual counseling,
group counseling, home visits, prescription of medication or any other
treatment recommended by the provider(s) and approved by the Board.
(3) Reporting responsibility: An individual
must be available to be designated by the Board as having primary reporting
responsibility and must have agreed to:
(a)
Notify the Board in writing of the patient's progress at least once a month
unless the patient is housed at DOC in which case progress reports will be
submitted upon request of the Board;
(b) Notify the Board promptly of any grounds
for revocation under OAR 859-080-0010;
(c) Notify the Board promptly of any
significant changes in the implementation of the conditional release plan;
(d) Coordinate and monitor all
elements of the conditional release plan.
(4) Special conditions: Special conditions
may be imposed, including, but not limited to, the following: no consumption of
alcohol, taking of antabuse, observation by designated individual of each
ingestion of medication, submitting to drug screen tests, no driving,
vocational activities, day treatment, attending school, working, or sex
offender assessment and treatment.
(5) Parole and probation: Parole and
probation supervision may be ordered.
(6) Agreement to conditional release:
Patients shall agree to and sign a form promising to comply with the general
conditions of release. This signed form shall be made a part of the conditional
release plan. The conditions shall include notice that if the person leaves the
state without authorization of the Board, the person may be charged with a new
crime of escape. This subsection does not apply to a patient who is
conditionally released to DOC.
Notes
Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.336 & 161.646
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