Or. Admin. R. 859-030-0010 - Jurisdiction of Persons under the PSRB/Length of Jurisdiction
(1) In accordance
with ORS
161.325,
the Board will take jurisdiction over persons adjudged by the court to be
guilty except for insanity and who present a substantial danger to
others.
(2) The period of
jurisdiction of under the Board will be that sentence ordered by the court that
places the person under PSRB jurisdiction.
(3) The Board will maintain jurisdiction over
persons who are legally placed under its jurisdiction by any court of the State
of Oregon or transferred from the jurisdiction of the Oregon Health
Authority.
(4) Judgment orders
placing individuals under Board jurisdiction must:
(a) Indicate whether the court finds the
individual is a proper subject for conditional release, and if so, that the
procedures outlined in OAR 859-070-0005 and ORS
161.327
have been completed.
(b) Identify
the length of Board jurisdiction over the individual;
(c) Any supervisory or other special orders
the court delivered with its judgment.
(5) If the court's order is unclear or is
missing information required by ORS
161.325
or ORS
161.327,
the Board may seek clarification on the matter from the court.
(6) The Board will not retain jurisdiction
over persons if the court order places the person under the Board only because
of a judgment of guilty except for insanity for a probation violation. In order
for the Board to retain jurisdiction, the person must be placed under the
Board's jurisdiction for the initial offense.
(7) The Board's Adult Panel will accept
jurisdiction of remanded youth who are found Guilty Except for Insanity (GEI)
in adult court and placed under the Board's Adult Panel Jurisdiction. For rules
regarding adjudicated youth who are found Responsible Except for Insanity (REI)
in juvenile court and placed under the Board's Juvenile Panel, see OAR 859,
Divisions 501 through 600.
(8) Upon
receipt of verified information regarding time spent in custody, persons placed
under the Board's jurisdiction will receive credit for:
(a) Time spent in any correctional facility
or jail for the offense or conduct for which the person was placed under the
Board's jurisdiction; and
(b) Time
spent in custody of the Oregon Health Authority at a state mental hospital for
determination of the defendant's fitness to proceed or for treatment until fit
to proceed under a detainer for the criminal charges for which the person
ultimately was found guilty except for insanity as well as a result of being
committed by a court after being found guilty except for insanity of a
charge.
(9) Escape from
the state hospital or unauthorized departure while on conditional release.
(a) The Board does not consider time that a
client under the Board's jurisdiction spent while on escape from the Oregon
State Hospital as part of the person's jurisdictional time and will add that
time to the end of jurisdiction date.
(b) Time spent on unauthorized departure
while on conditional release will be tolled and added to the end of the
person's end of jurisdiction date.
(c) Persons may contest having time tolled
and added to their end of jurisdiction date at any full hearing before the
Board.
Notes
Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387 & ORS 161.325 - ORS 161.351
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