161.336
Conditional release by board; order for return; termination or modification of
conditional release; hearing.
(1)(a) When a person is conditionally released under ORS 161.315 to 161.351,
the person is subject to those supervisory orders of the Psychiatric Security
Review Board as are in the best interests of justice, the protection of society
and the welfare of the person.
(b) An order of
conditional release entered by the board may designate any person or state,
county or local agency capable of supervising the person upon release, subject
to the conditions described in the order of conditional release.
(c) Prior to the
designation, the board shall notify the person or state, county or local agency
to whom conditional release is contemplated and provide the person or state,
county or local agency an opportunity to be heard.
(d) After
receiving an order entered under this section, the person or state, county or
local agency designated in the order shall assume supervision of the person in
accordance with the conditions described in the order and any modifications of
the conditions ordered by the board.
(2) Conditions of
release contained in orders entered under this section may be modified from
time to time and conditional releases may be terminated as provided in ORS
161.351.
(3)(a) As a
condition of release, the person may be required to report to any state or
local mental health facility for evaluation. Whenever medical, psychiatric or
psychological treatment is recommended, the order may require the person, as a
condition of release, to cooperate with and accept the treatment from the
facility.
(b) The facility
to which the person has been referred for evaluation shall perform the
evaluation and submit a written report of its findings to the board. If the
facility finds that treatment of the person is appropriate, it shall include
its recommendations for treatment in the report to the board.
(c) Whenever
treatment is provided by the facility, it shall furnish reports to the board on
a regular basis concerning the progress of the person.
(d) Copies of all
reports submitted to the board pursuant to this section shall be furnished to
the person and the person’s counsel. The confidentiality of these reports is
determined pursuant to ORS 161.353 and 192.311 to 192.478.
(e) The facility
shall comply with the conditional release order and any modifications of the
conditions ordered by the board.
(4)(a)(A) A
written or electronic order for the return of a person on conditional release
to a state hospital or other facility designated by the supervising entity or,
if the person is under 18 years of age, to a secure intensive community
inpatient facility or other facility designated by the supervising entity, may
be issued by:
(i) The
supervising entity;
(ii) A person
designated by the supervising entity, if the designation is made as part of a
written policy; or
(iii) The
community mental health program director, if the person has absconded from
conditional release.
(B) An order
described in this paragraph may be issued when the supervising entity, the
authorized designee or, if the person has absconded, the community mental
health program director, has determined that:
(i) The person
has violated the terms of conditional release; or
(ii) The mental
health of the person has changed such that the supervising entity, or, if
applicable, the authorized designee or the community mental health program
director, reasonably believes that the person may no longer be fit for
conditional release.
(C) A written
order under this paragraph is sufficient warrant for any law enforcement
officer to take into custody and transport the person named in the order. A
peace officer shall execute the order and the person shall be transported as
described in paragraph (c) of this subsection.
(b) A peace
officer, the director of the facility providing treatment to a person on
conditional release or any person responsible for the supervision of a person
on conditional release may take a person on conditional release into custody,
or request that the person be taken into custody, if there is reasonable cause
to believe the person is a substantial danger to others because of a mental
disorder and that the person is in need of immediate care, custody or
treatment.
(c) When a person
is taken into custody by a peace officer under this subsection, the agency
employing the peace officer shall cause the person, as soon as practicable, to
be transported to a state hospital or other facility designated by the
supervising entity. If the person was taken into custody pursuant to an order
described in paragraph (a) of this subsection, the supervising entity shall
facilitate the reimbursement of reasonable costs of the transport to the agency
employing the peace officer.
(d) Within 20
days following the return of the person to a state hospital or secure intensive
community inpatient facility under this subsection, the board shall conduct a
hearing. The board shall provide notice of the hearing to the person, the
attorney representing the person and the Attorney General. The state must prove
by a preponderance of the evidence the person’s unfitness for conditional
release. The hearing shall be conducted in accordance with ORS 161.346.
(e) As used in
this subsection, “supervising entity” means the board or the chairperson or
executive director of the board.
(5)(a) Any person
conditionally released under this section may apply to the board for discharge
from or modification of an order of conditional release on the ground that the
person is no longer affected by a qualifying mental disorder or, if still so
affected, no longer presents a substantial danger to others and no longer
requires supervision, medication, care or treatment. Notice of the hearing on
an application for discharge or modification of an order of conditional release
shall be made to the Attorney General. The applicant, at the hearing pursuant
to this subsection, must prove by a preponderance of the evidence the applicant’s
fitness for discharge or modification of the order of conditional release.
Applications by the person for discharge or modification of conditional release
may not be filed more often than once every six months.
(b) Upon
application by any person or agency responsible for supervision or treatment
pursuant to an order of conditional release, the board shall conduct a hearing
to determine if the conditions of release shall be continued, modified or
terminated. The application shall be accompanied by a report setting forth the
facts supporting the application.
(6) A person who
has spent five years on conditional release shall be brought before the board
for hearing within 30 days before the expiration of the five-year period. The
board shall review the person’s status and determine whether the person should
be discharged from the jurisdiction of the board. [1977 c.380 §11 (enacted in
lieu of 161.335); 1979 c.885 §3; 1981 c.711 §5; 1983 c.800 §9; 1987 c.140 §1;
1989 c.790 §49; 2001 c.326 §1; 2005 c.264 §14; 2005 c.685 §2; 2009 c.595 §103;
2011 c.708 §2; 2017 c.442 §3; 2017 c.634 §10; 2018 c.120 §5; 2025 c.58 §2]
161.340 [1971 c.743 §47; 1975 c.380 §2;
repealed by 1977 c.380 §12 (161.341 enacted in lieu of 161.340)]
Notes of Decisions
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014).
· cites it 7× “ORS 161.336(10) provides: “‘In determining whether a person should be committed to a state hospital, conditionally released or discharged, [PSRB] shall have as its primary concern the protection of society.”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
· cites it 7× “Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.336, by administrative rules governing mental health services, OAR 309-14-005 to -040, 6 and by specific contracts.”
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
· cites it 14× “341 governed hospital commitment by PSRB at the initial hearing, and ORS 161.336 governed conditional release at that stage.”
State v. George, 97 P.3d 656 (Or. 2004).
· cites it 5× “"(6) Upon placing a person on conditional release, the court shall notify the board in writing of the court's conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board…”
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
· cites it 15× “ORS 161.336(1). However, the lack of a suitable arrangement does not mean that petitioner is unfit for conditional release (see ORS 161.”
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981).
· cites it 6× “346(1)(a) states: "(1) the board shall conduct hearings upon any application for discharge, conditional release, commitment or modification filed pursuant to ORS 161.336, 161.341 or 161.351 and as otherwise required by ORS 161.”
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
· cites it 4× “346(1) provides: “The board shall conduct hearings upon any application for discharge, conditional release, commitment or modification filed pursuant to ORS 161.336, 161.341 or 161.351 and as otherwise required by ORS 161.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
· cites it 11× “ORS 161.336 (2). The Board has *568 power to set terms of conditional release, "as are in the best interests of justice, the protection of society and the welfare of the person,” ORS 161.”
State v. George, 54 P.3d 619 (Or. Ct. App. 2002).
· cites it 4× ““(6) Upon placing a person on conditional release, the court shall notify the board in writing of the court’s conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board…”
Cain v. Rijken, 700 P.2d 1061 (Or. Ct. App. 1985).
· cites it 5× “ORS 161.336. Before releasing a person, PSRB must have as its primary concern the “protection of society.”
— Or. Rev. Stat. § 161.336(1) — 9 cases
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
“341 governed hospital commitment by PSRB at the initial hearing, and ORS 161.336 governed conditional release at that stage.”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.336, by administrative rules governing mental health services, OAR 309-14-005 to -040, 6 and by specific contracts.”
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
“ORS 161.336(1). However, the lack of a suitable arrangement does not mean that petitioner is unfit for conditional release (see ORS 161.”
— Or. Rev. Stat. § 161.336(10) — 5 cases
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014).
“ORS 161.336(10) provides: “‘In determining whether a person should be committed to a state hospital, conditionally released or discharged, [PSRB] shall have as its primary concern the protection of society.”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.336, by administrative rules governing mental health services, OAR 309-14-005 to -040, 6 and by specific contracts.”
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
“341 governed hospital commitment by PSRB at the initial hearing, and ORS 161.336 governed conditional release at that stage.”
Cain v. Rijken, 700 P.2d 1061 (Or. Ct. App. 1985).
“ORS 161.336. Before releasing a person, PSRB must have as its primary concern the “protection of society.”
— Or. Rev. Stat. § 161.336(11) — 1 case
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
“341 governed hospital commitment by PSRB at the initial hearing, and ORS 161.336 governed conditional release at that stage.”
— Or. Rev. Stat. § 161.336(2) — 2 cases
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
“341 governed hospital commitment by PSRB at the initial hearing, and ORS 161.336 governed conditional release at that stage.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“ORS 161.336 (2). The Board has *568 power to set terms of conditional release, "as are in the best interests of justice, the protection of society and the welfare of the person,” ORS 161.”
— Or. Rev. Stat. § 161.336(3) — 3 cases
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
“ORS 161.336(1). However, the lack of a suitable arrangement does not mean that petitioner is unfit for conditional release (see ORS 161.”
Cain v. Rijken, 700 P.2d 1061 (Or. Ct. App. 1985).
“ORS 161.336. Before releasing a person, PSRB must have as its primary concern the “protection of society.”
— Or. Rev. Stat. § 161.336(4) — 4 cases
State v. George, 97 P.3d 656 (Or. 2004).
“"(6) Upon placing a person on conditional release, the court shall notify the board in writing of the court's conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board…”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.336, by administrative rules governing mental health services, OAR 309-14-005 to -040, 6 and by specific contracts.”
State v. George, 54 P.3d 619 (Or. Ct. App. 2002).
““(6) Upon placing a person on conditional release, the court shall notify the board in writing of the court’s conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board…”
Cain v. Rijken, 700 P.2d 1061 (Or. Ct. App. 1985).
“ORS 161.336. Before releasing a person, PSRB must have as its primary concern the “protection of society.”
— Or. Rev. Stat. § 161.336(4)(d) — 1 case
— Or. Rev. Stat. § 161.336(5) — 3 cases
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
“ORS 161.336(1). However, the lack of a suitable arrangement does not mean that petitioner is unfit for conditional release (see ORS 161.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“ORS 161.336 (2). The Board has *568 power to set terms of conditional release, "as are in the best interests of justice, the protection of society and the welfare of the person,” ORS 161.”
— Or. Rev. Stat. § 161.336(5)(b) — 1 case
— Or. Rev. Stat. § 161.336(6) — 9 cases
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014).
“ORS 161.336(10) provides: “‘In determining whether a person should be committed to a state hospital, conditionally released or discharged, [PSRB] shall have as its primary concern the protection of society.”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“Providence’s duties concerning its treatment of conditionally released persons were governed by statute, ORS 161.336, by administrative rules governing mental health services, OAR 309-14-005 to -040, 6 and by specific contracts.”
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
“ORS 161.336(1). However, the lack of a suitable arrangement does not mean that petitioner is unfit for conditional release (see ORS 161.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“ORS 161.336 (2). The Board has *568 power to set terms of conditional release, "as are in the best interests of justice, the protection of society and the welfare of the person,” ORS 161.”
— Or. Rev. Stat. § 161.336(7) — 4 cases
State v. George, 97 P.3d 656 (Or. 2004).
“"(6) Upon placing a person on conditional release, the court shall notify the board in writing of the court's conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board…”
State v. George, 54 P.3d 619 (Or. Ct. App. 2002).
““(6) Upon placing a person on conditional release, the court shall notify the board in writing of the court’s conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board…”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“ORS 161.336 (2). The Board has *568 power to set terms of conditional release, "as are in the best interests of justice, the protection of society and the welfare of the person,” ORS 161.”
— Or. Rev. Stat. § 161.336(7)(a) — 3 cases
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
“346(1) provides: “The board shall conduct hearings upon any application for discharge, conditional release, commitment or modification filed pursuant to ORS 161.336, 161.341 or 161.351 and as otherwise required by ORS 161.”
— Or. Rev. Stat. § 161.336(8) — 2 cases
— Or. Rev. Stat. § 161.336(8)(a) — 2 cases
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980).
“341 governed hospital commitment by PSRB at the initial hearing, and ORS 161.336 governed conditional release at that stage.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“ORS 161.336 (2). The Board has *568 power to set terms of conditional release, "as are in the best interests of justice, the protection of society and the welfare of the person,” ORS 161.”
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