Or. Admin. Code § 859-010-0005 - Definitions
(1) "Administrative Hearing" means a meeting
of the Board where a quorum is present and a matter is reviewed (e.g. an
outpatient supervisor request for modification to a client's conditional
release plan). The Board shall consider information in the written record only
and no oral testimony shall be received; If an objection is made to the
administrative hearing, the client or the state has the right to request a full
hearing. On its own motion, the Board may require further information,
testimony or the presence of the client and therefore, set the matter for a
full hearing.
(2) "Administrative
Meeting" is 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) "Case Monitors" are individuals
designated in the conditional release order who are responsible for ensuring
clients on conditional release receive the services and support they need and
reporting to the PSRB a client's progress, activities and compliance with
conditions of release or lack thereof.
(4) "Client" refers to any person under the
jurisdiction of the Board and may be used interchangeably with "person,"
"patient," or "outpatient."
(5)
"Community Evaluation" is a written report ordered by the Board or other court
and conducted by a qualified mental health professional from a local mental
health program designated by the Board to determine if an individual can be
adequately controlled with supervision and treatment if conditionally released
and that appropriate supervision and treatment are available.
(6) "Conditional Release" is a grant by the
court or the Board for a client, patient or defendant to reside outside a state
hospital in the community under conditions mandated by the court or Board for
monitoring and treatment of mental and physical health.
(7) "Consultation" is a screening completed
on a PSRB template, ordered by a court and conducted by a qualified mental
health professional from a local mental health program designated by the Board,
to determine whether the necessary supervision and treatment for the individual
are available in the community and appropriate for the individual and informs
the court as to whether a community evaluation is necessary to determine
whether the person can be adequately controlled with supervision and treatment
if conditionally released.
(8)
"Danger"; "Substantial Danger"; or "Dangerousness" means a risk that the person
will inflict injury or harm to others. Evidence may include information about
historical patterns of behavior, recent behavior, or verbal or physical
threats, which have caused injury or harm or would place a reasonable person in
fear of sustaining injury or harm. This determination does not require an
imminent risk of injury or harm to others.
(9) "Escape" means:
(a) A client committed to a state hospital:
(A) Leaves the supervision of hospital staff
without permission;
(B) Leaves the
hospital without permission; or
(C)
Fails to return at the appointed time to the hospital.
(b) Any client who leaves the State of Oregon
without authorization of the Board;
(c) Any client who fails to return to the
State of Oregon as directed by the Board.
(10) "Full Hearing" is a meeting of the Board
where parties are present, testimony is taken and written findings on the
issue(s) before the Board are made.
(11) "Incident Report" means a report
completed by the 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 shall 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.
(12) "Insanity Defense", also known as "GEI",
refers to a plea or finding of "Guilty Except for Insanity". Nomenclature. For
offenses committed on or after January 1, 1984, a person is guilty except for
insanity if, as a result of a qualifying mental disorder (formerly "mental
disease or defect") at the time of engaging in criminal conduct, the person
lacked substantial capacity either to appreciate the criminality of the conduct
or to conform the conduct to the requirements of law. The name of the insanity
defense from January 1, 1978, through December 31, 1983, was "not responsible
due to mental disease or defect." From January 1, 1971, through December 31,
1977, the insanity defense was known as "not guilty by reason of mental disease
or defect." The name of the insanity defense prior to 1971 was "not guilty by
reason of insanity."
(13)
"Jurisdictional Report" means a report completed by a psychiatrist, psychiatric
mental health nurse practitioner, or licensed psychologist that assists the
Board in making the determinations described in ORS 161.341(1), ORS 161.346(1),
or ORS 161.336(5)(a) and includes an analysis of the following information:
(a) An opinion as to the mental condition of
the person;
(b) Whether the person
presents a substantial danger to others; and
(c) Whether the person could be adequately
controlled with treatment as a condition of release.
(14) "Monthly Progress Report" means a
template report available on the PSRB's website that is required to be
completed for all individuals who are on conditional release by the
individual's case monitor each month that includes the following information
attached, if applicable:
(a) Prescriber and
specialty progress notes that occurred within the reporting month of the
monthly progress report; and
(b)
Any incident reports that that occurred within the reporting month of the
monthly progress report.
(15) "Qualifying Mental Disorder" (formerly
"Mental disease or defect") means:
(a) a
developmental or intellectual disability, traumatic brain injury, brain damage
or other biological dysfunction that is associated with distress or disability
causing symptoms or impairment in at least one important area of an
individual's functioning and is defined in the current Diagnostic and
Statistical Manual of Mental Disorders (DSM 5-TR) of the American Psychiatric
Association; or
(b) any diagnosis
of a psychiatric condition 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 and is defined in the Diagnostic and Statistical Manual of Mental
Disorders (DSM 5-TR) of the American Psychiatric Association.
(c) "Qualifying Mental Disorder," described
in subsections (a) and (b), excluding those conditions described in subsection
(d) includes:
(A) A disorder in a state of
remission which could with reasonable medical probability occasionally become
active; or
(B) A disorder that
could become active as a result of a non-qualifying mental disorder.
(d) "Non-Qualifying Mental
Disorder" is defined as a mental disorder in which the condition is:
(A) A diagnosis solely constituting the
ingestion of substances (e.g., chemicals or alcohol), including but not limited
to alcohol-induced psychosis;
(B)
An abnormality manifested solely by repeated criminal or otherwise antisocial
conduct; or
(C) An abnormality
constituting a personality disorder.
(16) "Party" means the State, which includes
the Oregon Department of Justice or, if representing the State's interest, the
District Attorney from the county where the GEI was adjudicated, client and
client's counsel.
(17) "PSRB" or
"Board" means the Oregon Psychiatric Security Review Board.
(18) "Quorum" means the presence of at least
three members, in person or on the telephone, of the Adult Panel of the
Board.
(19) "State Hospital" means
any state institution or facility operated by the Oregon Health
Authority.
(20) "Unauthorized
Departure" means a person who is under the jurisdiction of the Board who is
conditionally released to the community that:
(a) Leaves the supervision of the community
mental health program staff without permission;
(b) Leaves the authorized placement listed on
the conditional release order without permission;
(c) Fails to return to the authorized
placement listed on the conditional release order at the appointed
time;
(d) Leaves the State of
Oregon without authorization of the Board; or
(e) Fails to return to the State of Oregon as
directed by the Board.
(21) "Victim" means the person or persons who
have suffered financial, social, psychological or physical harm as a result of
a crime that brought the client under the Board's jurisdiction. In the case of
a homicide or abuse of a corpse, 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 PSRB client be considered a victim of his/her own GEI
case.
Notes
Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.387 & ORS 161.295 - 161.400
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.