Or. Admin. R. 859-200-0020 - Definitions
(1) "Administrative
review" means a meeting of the Board where a quorum is present and where the
Board considers requests for conditional release, requests for community
evaluations or modifications to a person's current conditional release plan. At
these hearings, parties are not present and testimony is not taken.
(2) "Administrative meeting" means any
meeting of the Board where a quorum is present for the purpose of considering
matters relating to Board policy and administration. Minutes shall be taken
during an administrative meeting and distributed to Board members and
interested persons. Minutes shall be voted on and approved at subsequent
administrative meetings.
(3)
"Community evaluation" is an assessment by a community mental health provider
who determines if a person is appropriate for conditional release and if so,
under what conditional release plan.
(4) "Commitment county" means the county in
which the district attorney filed the initial petition. This is the same as the
county in which the person is initially committed as an extremely dangerous
person with mental illness under the jurisdiction of the Board.
(5) "Conditional release" means a grant by
the court or by the Board for the person to reside outside the state hospital
in the community under conditions for monitoring and treatment of the mental
disorder resistant to treatment and the mental and physical health of the
person.
(6) "Discharge" means that
the person is no longer under the jurisdiction of the Board because any of the
following occurs:
(a) The Board or Court
determines, after a hearing, that the person no longer suffers from a mental
disorder that is resistant to treatment or is no longer extremely dangerous;
or
(b) The maximum 24-month period
of commitment has expired, and the Board has not certified the person for
continued treatment.
(7)
"Extremely dangerous person with mental illness" or "person" refers to an
extremely dangerous person with mental illness who is civilly committed to the
jurisdiction of the Board by a court.
(8) "Hearing" means a hearing before the
Board to consider any legal matter under its jurisdiction. The parties are
provided with an opportunity to be heard, including the submission of evidence
and the testimony of witnesses.
(9)
"Incident Report" means a report completed by the PSRB case monitor that
describes any significant behavioral or mental health changes, serious
violations of conditional release requirements, psychotropic medication
refusals, or any other information that is relevant to an individual's ability
to be safely managed in a community setting. The incident report should contain
the following information:
(a) A description
of incident;
(b) A summary of the
interventions that were used by community mental health provider
staff;
(c) A summary of the debrief
with the individual or a summary of why a debrief did not occur; and
(d) Any recommendations on how to mitigate
future incidents, including but not limited to modifications to the
individual's conditional release plan.
(10) "Qualifying Mental disorder" means a
mental illness that is resistant to treatment. A "qualifying mental disorder"
is resistant to treatment if, after receiving care from a licensed psychiatrist
and exhausting all reasonable psychiatric treatment, or after refusing
psychiatric treatment, the person continues to be significantly impaired in the
person's ability to make competent decisions and to be aware of and control
extremely dangerous behavior.
(11)
"Mental illness" means:
(a) Any diagnosis of
mental disorder which is a significant behavioral or psychological syndrome or
pattern that is associated with distress or disability causing symptoms or
impairment in at least one important area of an individual's functioning that
is resistant to treatment.
(b) The
term "mental illness" does not include an abnormality manifested solely by
repeated criminal or otherwise antisocial conduct. The term "mental illness"
does not include a disorder constituting solely a personality disorder and
excludes a diagnosis of an intellectual disability or developmental disability
as defined in ORS
427.005.
(12) "Parties" includes the extremely
dangerous person with mental illness and the State of Oregon.
(13) "Psychiatric Security Review Board
(PSRB)" or "Board" refers to the Adult Panel of the PSRB.
(14) "Quorum" means the presence of at least
three members of the Adult Panel of the Board.
(15) "Recommitment" means any consecutive
civil commitment of the person as an extremely dangerous person with mental
illness under ORS chapter 426 occurring after another commitment on these
grounds.
(16) "Recommitment county"
means the county in which the district attorney filed the initial petition.
This is the same as the county in which the person was initially committed as
an extremely dangerous person with mental illness under the jurisdiction of the
Board.
(17) "Supervising
individual"; or " PSRB case monitor" means the individual whom the Board has
designated as supervising the person on conditional release and who is required
to report to the Board regarding the person's status.
(18) "State hospital; hospital" means a state
hospital operated by the Oregon Health Authority.
(19) "Victim" means the person or persons who
have suffered financial, social, psychological or physical harm as a result of
one of the acts articulated in ORS
426.701(3)(a)(C)
and for whom the extremely dangerous mentally ill person who is under the
Board's jurisdiction. Victims include, in the case of a homicide or abuse of
corpse in any degree, a member of the immediate family of the decedent and, in
the case of a minor victim, the legal guardian of the minor. In no event shall
the extremely dangerous mentally ill person be considered a victim.
Notes
Statutory/Other Authority: ORS 161.387 & ORS 426.701
Statutes/Other Implemented: ORS 161.387, ORS 426.701 & ORS 426.702
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.