Or. Admin. Code § 859-570-0010 - Conditional Release Planning for Youths in Secure Facilities

(1) In determining whether an order of conditional release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the youth. The Department of Human Services or Oregon Health Authority is responsible for and shall prepare the conditional release plan. In order to carry out the conditional release plan, the Department may contract with a community mental health program, other public agency or Private Corporation, or an individual to provide evaluations for community placement, supervision and treatment.

(2) Conditional Release Evaluation.

(a) If the Board finds the youth may be treated and controlled in the community, the Board shall order an evaluation of the youth by a community mental health or development disabilities agency for community placement.

(b) If staff of the designated secure facility determines that a youth may be ready for conditional release, the staff may request that the Board order an evaluation for community placement. That request shall be accompanied by a current treatment note update signed by the youth's treating psychiatrist.

(c) If the Board orders an evaluation for community placement, the designated evaluator shall review the youth's exhibit file and evaluate the youth in person to determine if the youth is appropriate for conditional release. The evaluator shall provide a written report to the board with its findings.

(A) If the community agency agrees that the youth is appropriate for conditional release and that it has the necessary treatment and is willing to accept supervision for the youth, the evaluation shall include proposed conditions of release. The treatment plan may include, but is not limited to, individual counseling, group counseling, home visits, prescription of medication, and any other treatment for any co-morbid condition such as substance abuse recommended by the provider(s) and approved by the Board. The provider must agree to have a designated individual that will have primary reporting responsibility to the Board, including the following responsibilities:

(i) Notify the Board in writing of the youth's progress at least once a month through a monthly progress report;

(ii) Notify the Board promptly of any grounds for revocation under OAR 859-080-0010;

(iii) Notify the Board promptly of any significant changes in the youth's mental status;

(iv) Notify the Board promptly of any significant changes in the implementation of the conditional release plan; and

(v) Coordinate and monitor all elements of the conditional release plan. The youth shall sign a form agreeing to comply with the proposed conditions of release. This signed form shall be submitted with the request for conditional release. The conditions shall include notice that if the youth leaves the state without authorization of the Board, the youth may be charged with a new crime of Escape II.

(B) If the community agency does not find that community placement is appropriate for the youth, the evaluator's written report shall outline the reasons for its findings and any recommendations for future treatment.

Notes

Or. Admin. Code § 859-570-0010

PSRB 2-2010, f. & cert. ef. 9-28-10; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387 & ORS 419C.533

Statutes/Other Implemented: ORS 161.336, ORS 161.341, ORS 161.346, ORS 419C.520, ORS 161.332, ORS 161.390, ORS 419C.538 & ORS 419C.540