Or. Admin. Code § 859-560-0015 - Issues and Findings to Be Addressed At Hearings
(1) Issues To Be Addressed At Hearings:
(a) At each and every hearing before the
Board, the Board shall determine whether the youth is affected by a serious
mental condition or a qualifying mental disorder and presents a substantial
danger to others, whether the youth can be adequately controlled in the
community with treatment and supervision, and whether the necessary supervision
and treatment services are available.
(b) At a revocation hearing, the Board shall
determine whether the revocation was appropriate based on the reasonable
grounds listed in OAR 859-580-0010 and whether the youth may be continued on
conditional release or should be committed to a secure facility.
(2) Findings at a hearing: At each
statutory hearing before the Board, the Board shall make findings regarding the
requisite jurisdictional elements. In addition:
(a) If the Board finds the youth is properly
under its jurisdiction and not a proper subject for conditional release, the
Board shall order the youth committed to, or retained in, a secure in-patient
facility for custody, care and treatment.
(b) If the Board finds the youth is properly
under its jurisdiction but can be adequately controlled with treatment and
supervision if conditionally released yet a verified conditional release plan
has not been developed, the Board shall find the youth appropriate for
conditional release.
(c) If the
Board finds the youth is properly under its jurisdiction but can be adequately
controlled with treatment and supervision and that treatment and supervision
are currently available and the Board approves of the plan and proposed
conditions, the Board shall order the youth placed on conditional
release.
(d) If the Board finds
that the youth no longer meets the legal criteria for jurisdiction, the Board
shall order the discharge of the youth from jurisdiction.
Notes
Statutory/Other Authority: ORS 161.387 & ORS 419C.533
Statutes/Other Implemented: ORS 161.346, 419C.532, 419C.538, 419C.540 & 419C.533
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