161.341
Application for discharge or conditional release; release plan; examination;
right to hearing.
(1) If at any time after a person is committed under ORS 161.315 to 161.351 to
a state hospital or a secure intensive community inpatient facility, the
superintendent of the hospital or the director of the secure intensive
community inpatient facility is of the opinion that the person is no longer
affected by a qualifying mental disorder, or, if so affected, no longer
presents a substantial danger to others or that the person continues to be
affected by a qualifying mental disorder and continues to be a danger to
others, but that the person can be controlled with proper care, medication,
supervision and treatment if conditionally released, the superintendent or
director shall apply to the Psychiatric Security Review Board for an order of
discharge or conditional release. The application shall be accompanied by a
report setting forth the facts supporting the opinion of the superintendent or
director. If the application is for conditional release, the application must
be accompanied by a verified conditional release plan. The board shall hold a
hearing on the application within 60 days of its receipt. Not less than 20 days
prior to the hearing before the board, copies of the report shall be sent to
the Attorney General.
(2) The attorney
representing the state may choose a psychiatrist or licensed psychologist to
examine the person prior to the initial or any later decision by the board on
discharge or conditional release. The results of the examination shall be in
writing and filed with the board, and shall include, but need not be limited
to, an opinion as to the mental condition of the person, whether the person
presents a substantial danger to others and whether the person could be
adequately controlled with treatment as a condition of release.
(3) Any person
who has been committed to a state hospital, or to a secure intensive community
inpatient facility, for custody, care and treatment under ORS 161.315 to
161.351, or another person acting on the person’s behalf, may apply to the
board for an order of discharge or conditional release upon the grounds:
(a) That the
person is no longer affected by a qualifying mental disorder;
(b) That the
person, if so affected, no longer presents a substantial danger to others; or
(c) That the
person continues to be affected by a qualifying mental disorder and would
continue to be a danger to others without treatment, but that the person can be
adequately controlled and given proper care and treatment if placed on
conditional release.
(4) When
application is made under subsection (3) of this section, the board shall
require that a report from the superintendent of the hospital or the director
of the secure intensive community inpatient facility be prepared and
transmitted as provided in subsection (1) of this section. The applicant must
prove by a preponderance of the evidence the applicant’s fitness for discharge
or conditional release under the standards of subsection (3) of this section,
unless more than two years has passed since the state had the burden of proof
on that issue, in which case the state shall have the burden of proving by a
preponderance of the evidence the applicant’s lack of fitness for discharge or
conditional release. Applications for discharge or conditional release under
subsection (3) of this section may not be filed more often than once every six
months commencing with the date of the initial board hearing.
(5) The board is
not required to hold a hearing on a first application under subsection (3) of
this section any sooner than 90 days after the initial hearing. Hearings
resulting from any subsequent requests shall be held within 60 days of the
filing of the application.
(6)(a) In no case
shall a person committed by the court under ORS 161.327 to a state hospital, or
to a secure intensive community inpatient facility, be held in the hospital or
facility for more than 90 days from the date of the court’s commitment order
without an initial hearing before the board to determine whether the person
should be conditionally released or discharged.
(b) In no case
shall a person be held pursuant to this section for a period of time exceeding
two years without a hearing before the board to determine whether the person
should be conditionally released or discharged. [1977 c.380 §13 (enacted in
lieu of 161.340); 1979 c.885 §4; 1981 c.711 §6; 1983 c.800 §10; 1985 c.192 §3;
1989 c.790 §50; 1991 c.244 §1; 2005 c.685 §3; 2009 c.595 §104; 2011 c.708 §3;
2017 c.442 §4; 2017 c.634 §11]
161.345 [1971 c.743 §48; repealed by 1977
c.380 §14 (161.346 enacted in lieu of 161.345)]
Notes of Decisions
Hanson v. Psychiatric Sec. Review Bd., 965 P.2d 1051 (Or. Ct. App. 1998).
· cites it 22× “On December 4, 1995, PSRB held another hearing, this time pursuant to ORS 161.341(4), [1] after petitioner again requested discharge from the state hospital.”
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005).
· cites it 6× “*416 ORS 161.341(4) authorizes a person placed under the board’s jurisdiction and committed to a state hospital, as petitioner was, to apply to the board for discharge on the ground that “the person is no longer affected by mental disease or defect.”
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019).
· cites it 5× “ORS 161.341 (2011) provided, in relevant part: "(1) If at any time after a person is committed under ORS 161.”
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
· cites it 8× “ORS 161.341(1) provides: “If at any time after a person is committed * * * to a state hospital * * * the superintendent of the hospital * * * is of the opinion that the person is no longer affected by 5 “A person is guilty except for insanity if, as a result of a qualifying men-…”
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981).
· cites it 8× “885, § 5, and makes that statute applicable to all hearings held under ORS 161.341. We are, consequently, uncertain what purpose is now served by ORS 161.”
Mueller v. Psychiatric Sec. Review Bd., 937 P.2d 1028 (Or. 1997).
· cites it 8× “[3] The hearing was held pursuant to ORS 161.341(4), [4] and the state had the burden of proving that petitioner should remain under the PSRB's jurisdiction.”
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
· cites it 4× “Pursuant to ORS 161.341, 5 petitioner had a hearing *139 before the PSRB on June 27, 1994, 6 at which he sought discharge from the PSRB’s jurisdiction.”
Einstein v. Psychiatric Sec. Review Bd., 998 P.2d 654 (Or. 2000).
· cites it 6× “ORS 161.341(7 J(b). Persons who, like applicant, are granted conditional release are entitled to a hearing every five years to determine if they should be discharged from PSRB’s jurisdiction.”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
· cites it 2× “ORS 161.385(2). PSRB conducts hearings to determine the disposition of persons within its jurisdiction.”
Beiswenger v. Psychiatric Sec. Review Bd., 84 P.3d 180 (Or. Ct. App. 2004).
· cites it 2× “Pursuant to ORS 161.341(4), a person committed to a state mental hospital may petition for discharge from PSRB’s jurisdiction or for conditional release: “Any person who has been committed to a state hospital designated by the Department of Human Services for custody, care and…”
State v. George, 97 P.3d 656 (Or. 2004).
· cites it 2× “sed pending any hearing before the board as follows: "(a) If the court finds that the person presents a substantial danger to others and is not a proper subject for conditional release, the court shall order the person committed to a state hospital designated by the Department…”
— Or. Rev. Stat. § 161.341(1) — 11 cases
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019).
“ORS 161.341 (2011) provided, in relevant part: "(1) If at any time after a person is committed under ORS 161.”
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“ORS 161.341(1) provides: “If at any time after a person is committed * * * to a state hospital * * * the superintendent of the hospital * * * is of the opinion that the person is no longer affected by 5 “A person is guilty except for insanity if, as a result of a qualifying men-…”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“ORS 161.385(2). PSRB conducts hearings to determine the disposition of persons within its jurisdiction.”
Einstein v. Psychiatric Sec. Review Bd., 998 P.2d 654 (Or. 2000).
“ORS 161.341(7 J(b). Persons who, like applicant, are granted conditional release are entitled to a hearing every five years to determine if they should be discharged from PSRB’s jurisdiction.”
— Or. Rev. Stat. § 161.341(2) — 3 cases
— Or. Rev. Stat. § 161.341(3) — 5 cases
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“ORS 161.341(1) provides: “If at any time after a person is committed * * * to a state hospital * * * the superintendent of the hospital * * * is of the opinion that the person is no longer affected by 5 “A person is guilty except for insanity if, as a result of a qualifying men-…”
— Or. Rev. Stat. § 161.341(3)(b) — 1 case
— Or. Rev. Stat. § 161.341(4) — 28 cases
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005).
“*416 ORS 161.341(4) authorizes a person placed under the board’s jurisdiction and committed to a state hospital, as petitioner was, to apply to the board for discharge on the ground that “the person is no longer affected by mental disease or defect.”
Hanson v. Psychiatric Sec. Review Bd., 965 P.2d 1051 (Or. Ct. App. 1998).
“On December 4, 1995, PSRB held another hearing, this time pursuant to ORS 161.341(4), [1] after petitioner again requested discharge from the state hospital.”
Mueller v. Psychiatric Sec. Review Bd., 937 P.2d 1028 (Or. 1997).
“[3] The hearing was held pursuant to ORS 161.341(4), [4] and the state had the burden of proving that petitioner should remain under the PSRB's jurisdiction.”
Beiswenger v. Psychiatric Sec. Review Bd., 84 P.3d 180 (Or. Ct. App. 2004).
“Pursuant to ORS 161.341(4), a person committed to a state mental hospital may petition for discharge from PSRB’s jurisdiction or for conditional release: “Any person who has been committed to a state hospital designated by the Department of Human Services for custody, care and…”
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
“Pursuant to ORS 161.341, 5 petitioner had a hearing *139 before the PSRB on June 27, 1994, 6 at which he sought discharge from the PSRB’s jurisdiction.”
— Or. Rev. Stat. § 161.341(4)(a) — 4 cases
Hanson v. Psychiatric Sec. Review Bd., 965 P.2d 1051 (Or. Ct. App. 1998).
“On December 4, 1995, PSRB held another hearing, this time pursuant to ORS 161.341(4), [1] after petitioner again requested discharge from the state hospital.”
— Or. Rev. Stat. § 161.341(4)(c) — 2 cases
— Or. Rev. Stat. § 161.341(5) — 8 cases
Mueller v. Psychiatric Sec. Review Bd., 937 P.2d 1028 (Or. 1997).
“[3] The hearing was held pursuant to ORS 161.341(4), [4] and the state had the burden of proving that petitioner should remain under the PSRB's jurisdiction.”
Hanson v. Psychiatric Sec. Review Bd., 965 P.2d 1051 (Or. Ct. App. 1998).
“On December 4, 1995, PSRB held another hearing, this time pursuant to ORS 161.341(4), [1] after petitioner again requested discharge from the state hospital.”
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
“Pursuant to ORS 161.341, 5 petitioner had a hearing *139 before the PSRB on June 27, 1994, 6 at which he sought discharge from the PSRB’s jurisdiction.”
— Or. Rev. Stat. § 161.341(6) — 6 cases
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981).
“885, § 5, and makes that statute applicable to all hearings held under ORS 161.341. We are, consequently, uncertain what purpose is now served by ORS 161.”
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“ORS 161.341(1) provides: “If at any time after a person is committed * * * to a state hospital * * * the superintendent of the hospital * * * is of the opinion that the person is no longer affected by 5 “A person is guilty except for insanity if, as a result of a qualifying men-…”
— Or. Rev. Stat. § 161.341(6)(a) — 1 case
— Or. Rev. Stat. § 161.341(6)(b) — 2 cases
— Or. Rev. Stat. § 161.341(7) — 2 cases
— Or. Rev. Stat. § 161.341(7)(a) — 9 cases
Hanson v. Psychiatric Sec. Review Bd., 965 P.2d 1051 (Or. Ct. App. 1998).
“On December 4, 1995, PSRB held another hearing, this time pursuant to ORS 161.341(4), [1] after petitioner again requested discharge from the state hospital.”
— Or. Rev. Stat. § 161.341(7)(b) — 1 case
Einstein v. Psychiatric Sec. Review Bd., 998 P.2d 654 (Or. 2000).
“ORS 161.341(7 J(b). Persons who, like applicant, are granted conditional release are entitled to a hearing every five years to determine if they should be discharged from PSRB’s jurisdiction.”
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