Or. Admin. Code § 859-060-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 859-060-0020 - Revocation Hearing

At a revocation hearing the Board shall consider whether the revocation was appropriate and whether the person can be continued on conditional release or should be committed to a state hospital designated by the Mental Health and Developmental Disability Services Division. The Board may consider a request for discharge at a revocation hearing or make that finding after considering the evidence before the Board:

(1) If the Board finds the person is affected by a qualifying mental disorder and presents a substantial danger to others and cannot be safely controlled in the community while on conditional release, the person shall be committed to a state hospital designated by the Mental Health and Developmental Disability Services Division.

(2) If the Board finds the person could be controlled in the community but no conditional release plan has been approved by the Board, the Board shall order the person committed but find the person appropriate for conditional release. The Board shall 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 the Board finds the person can be controlled in the community and a verified conditional release plan is approved by the Board, the Board shall order the person placed on conditional release in accordance with procedures set forth in Division 70.

(4) If the person has been charged with a new crime or is serving time in the corrections system, the Board shall not hold a revocation hearing until such time as the person is returned to the Mental Health and Developmental Disability Services Division or upon an appropriate request to hold a hearing.

Or. Admin. Code § 859-060-0020

PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 7-2017, amend filed 12/07/2017, effective 1/1/2018

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.336