161.346
Hearings on discharge, conditional release, commitment or modification;
psychiatric reports; notice of hearing. (1) When the Psychiatric Security Review Board
conducts a hearing under ORS 161.315 to 161.351, the board shall enter an order
and make findings in support of the order. If the board finds that a person
under the jurisdiction of the board:
(a) Is no longer
affected by a qualifying mental disorder, or, if so affected, no longer
presents a substantial danger to others, the board shall order the person
discharged from commitment and conditional release.
(b) Is still
affected by a qualifying mental disorder and is a substantial danger to others,
but can be controlled adequately if conditionally released with treatment as a
condition of release, the board shall order the person conditionally released
as provided in ORS 161.336.
(c) Has not
recovered from the qualifying mental disorder, is a substantial danger to
others and cannot adequately be controlled if conditionally released on
supervision, the board shall order the person committed to, or retained in, a
state hospital, or if the person is under 18 years of age, a secure intensive
community inpatient facility, for care, custody and treatment.
(2) To assist the
board in making the determination described in subsection (1) of this section,
the board may, at any time, appoint a psychiatrist or licensed psychologist to
examine the person and to submit a report to the board. The report must include
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) The board may
make the determination regarding discharge or conditional release based upon
the written reports submitted pursuant to this section. If any member of the
board desires further information from the examining psychiatrist or licensed
psychologist who submitted the report, the board shall summon the person to
give testimony. The board shall consider all evidence available to it that is
material, relevant and reliable regarding the issues before the board. The
evidence may include but is not limited to the record of trial, the information
supplied by the attorney representing the state or by any other interested
party, including the person, and information concerning the person’s mental
condition and the entire psychiatric and criminal history of the person. All
evidence of a type commonly relied upon by reasonably prudent persons in the
conduct of their serious affairs shall be admissible at hearings. Testimony
shall be taken upon oath or affirmation of the witness from whom received. The
officer presiding at the hearing shall administer oaths or affirmations to
witnesses.
(4) The board
shall furnish to the person about whom the hearing is being conducted, the
attorney representing the person, the Attorney General and the district
attorney of the county from which the person was committed written notice of
any hearing pending under this section within a reasonable time prior to the
hearing. The notice shall include:
(a) The time,
place and location of the hearing.
(b) The nature of
the hearing and the specific action for which a hearing has been requested, the
issues to be considered at the hearing and a reference to the particular
sections of the statutes and rules involved.
(c) A statement
of the legal authority and jurisdiction under which the hearing is to be held.
(d) A statement
of all rights under subsection (6) of this section.
(5) Prior to the
commencement of the hearing, the board shall serve personally or by mail a
written notice to each party as provided in ORS 183.413 (2).
(6) At the
hearing, the person about whom the hearing is being held shall have the right:
(a) To appear at
all proceedings held pursuant to this section, except for deliberations.
(b) To
cross-examine all witnesses appearing to testify at the hearing.
(c) To subpoena
witnesses and documents as provided in ORS 161.395.
(d) To be
represented by suitable legal counsel possessing skills and experience
commensurate with the nature and complexity of the case, to consult with
counsel prior to the hearing and, if financially eligible, to have suitable
counsel appointed at state expense.
(e) To examine
all information, documents and reports that the board considers. If then
available to the board, the information, documents and reports shall be
disclosed to the person so as to allow examination prior to the hearing.
(7) A record
shall be kept of all hearings conducted under ORS 161.315 to 161.351, except
for deliberations.
(8) Upon request
of any party, or on motion of the board, the hearing may be continued for a
reasonable period not to exceed 60 days to obtain additional information or
testimony or for other good cause shown.
(9) Within 30
days following the conclusion of the hearing, the board shall provide to the
person, the attorney representing the person, the Attorney General or other
attorney representing the state, if any, written notice of the order entered by
the board.
(10) The burden
of proof on all issues at hearings under ORS 161.315 to 161.351 shall be by a
preponderance of the evidence.
(11) If the board
determines that the person about whom the hearing is being held is financially
eligible, the board shall appoint suitable counsel to represent the person.
Counsel so appointed shall be an attorney who satisfies the minimum standards
established by the Oregon Public Defense Commission under ORS 151.216. The
executive director of the commission shall determine and allow fair
compensation for counsel appointed under this subsection and the reasonable
expenses of the person in respect to the hearing. Compensation payable to
appointed counsel shall not be less than the applicable compensation level
established under ORS 151.216. The compensation and expenses so allowed shall
be paid by the executive director from funds available for the purpose.
(12) The Attorney
General may represent the state at contested hearings under ORS 161.315 to
161.351 unless the district attorney of the county from which the person was
committed elects to represent the state. The district attorney of the county
from which the person was committed shall cooperate with the Attorney General
in securing the material necessary for presenting a contested hearing. If the
district attorney elects to represent the state, the district attorney shall
give timely written notice of such election to the Attorney General, the board
and the attorney representing the person. [1977 c.380 §15 (enacted in lieu of
161.345); 1979 c.867 §6; 1979 c.885 §5; 1981 c.711 §7; 1981 s.s. c.3 §130; 1983
c.430 §1; 1985 c.502 §23; 1987 c.803 §19; 1991 c.827 §3; 2001 c.962 §40; 2003
c.449 §32; 2005 c.685 §4; 2007 c.288 §7; 2009 c.595 §105; 2011 c.708 §1; 2017
c.232 §1; 2017 c.442 §2; 2017 c.634 §12; 2023 c.281 §41]
Notes of Decisions
Cited in
36
cases (
10 in the last 5 years), 1979–2025 · leading case:
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
· cites it 12× “After the hearing conducted pursuant to ORS 161.346, PSRB must enter an order with findings in support of the order: “If the board finds that a person under the jurisdiction of the board: “(a) Is no longer affected by a qualifying mental disor- der, or, if so affected, no longer…”
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
· cites it 8× “That is, the three paragraphs of ORS 161.346-(1) must be read sequentially to understand the logic in using first no modifier and then two different modifiers.”
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005).
· cites it 2× “” 1 ORS 161.346 establishes the procedures for a hearing on an application for discharge, and ORS 161.”
Brumnett v. Psychiatric Sec. Review Bd., 848 P.2d 1194 (Or. 1993).
“Petitioner sought judicial review in the Court of Appeals, claiming that “alcohol abuse” is not a mental disease or defect within the meaning of that term in the statutes granting PSRB continuing jurisdiction, ORS 161.346 and ORS 161.327, and that, therefore, he should be…”
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019).
“" *557 Accordingly, PSRB ordered that petitioner's commitment to a state hospital be continued under ORS 161.346(1)(c) and ORS 161.351(2). Petitioner appeals from that order.”
Walters v. PSRB, 341 Or. App. 41 (Or. Ct. App. 2025).
· cites it 3× “ORS 161.346(1)(a); ORS 161.351(1). We agree with petitioner that, based on the record as a whole, no reasonable person could find that he continues to have a qualifying mental disorder, and so we reverse.”
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991).
· cites it 2× “ORS 161.346(3) provides that, in conducting a hearing: “[PSRB] shall consider all evidence available to it which is material, relevant and reliable regarding the issues before the board.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
· cites it 4× “The conduct of such a hearing is outlined in ORS 161.346. *570 Finally, if a person has been placed under the Board’s jurisdiction for at least 10 years, he shall be brought before the Board for hearing within 30 days of the expiration of that period.”
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
“PSRB is composed of five members: a lawyer, a psychologist, a psychiatrist, a person familiar with probation and parole, and a lay person.”
Rinne v. PSRB, 533 P.3d 777 (Or. Ct. App. 2023).
“351(1); ORS 161.346(1). In implementing those statutes, PSRB adopted rules defining “substantial danger” as a demonstration of “behavior which places others at risk of physical injury because of the person’s qualifying mental disorder.”
Mueller v. Psychiatric Sec. Review Bd., 937 P.2d 1028 (Or. 1997).
· cites it 2× “" The PSRB retained jurisdiction over petitioner pursuant to ORS 161.346(1) and ordered that a community mental health agency designated by OSH staff evaluate him for possible conditional release placement in an appropriate program.”
— Or. Rev. Stat. § 161.346(1) — 10 cases
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
“That is, the three paragraphs of ORS 161.346-(1) must be read sequentially to understand the logic in using first no modifier and then two different modifiers.”
Rinne v. PSRB, 533 P.3d 777 (Or. Ct. App. 2023).
“351(1); ORS 161.346(1). In implementing those statutes, PSRB adopted rules defining “substantial danger” as a demonstration of “behavior which places others at risk of physical injury because of the person’s qualifying mental disorder.”
Mueller v. Psychiatric Sec. Review Bd., 937 P.2d 1028 (Or. 1997).
“" The PSRB retained jurisdiction over petitioner pursuant to ORS 161.346(1) and ordered that a community mental health agency designated by OSH staff evaluate him for possible conditional release placement in an appropriate program.”
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“After the hearing conducted pursuant to ORS 161.346, PSRB must enter an order with findings in support of the order: “If the board finds that a person under the jurisdiction of the board: “(a) Is no longer affected by a qualifying mental disor- der, or, if so affected, no longer…”
— Or. Rev. Stat. § 161.346(1)(a) — 7 cases
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“After the hearing conducted pursuant to ORS 161.346, PSRB must enter an order with findings in support of the order: “If the board finds that a person under the jurisdiction of the board: “(a) Is no longer affected by a qualifying mental disor- der, or, if so affected, no longer…”
Walters v. PSRB, 341 Or. App. 41 (Or. Ct. App. 2025).
“ORS 161.346(1)(a); ORS 161.351(1). We agree with petitioner that, based on the record as a whole, no reasonable person could find that he continues to have a qualifying mental disorder, and so we reverse.”
— Or. Rev. Stat. § 161.346(1)(b) — 1 case
— Or. Rev. Stat. § 161.346(1)(c) — 8 cases
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019).
“" *557 Accordingly, PSRB ordered that petitioner's commitment to a state hospital be continued under ORS 161.346(1)(c) and ORS 161.351(2). Petitioner appeals from that order.”
— Or. Rev. Stat. § 161.346(11) — 1 case
— Or. Rev. Stat. § 161.346(2) — 3 cases
— Or. Rev. Stat. § 161.346(3) — 7 cases
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“After the hearing conducted pursuant to ORS 161.346, PSRB must enter an order with findings in support of the order: “If the board finds that a person under the jurisdiction of the board: “(a) Is no longer affected by a qualifying mental disor- der, or, if so affected, no longer…”
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991).
“ORS 161.346(3) provides that, in conducting a hearing: “[PSRB] shall consider all evidence available to it which is material, relevant and reliable regarding the issues before the board.”
— Or. Rev. Stat. § 161.346(4) — 2 cases
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“After the hearing conducted pursuant to ORS 161.346, PSRB must enter an order with findings in support of the order: “If the board finds that a person under the jurisdiction of the board: “(a) Is no longer affected by a qualifying mental disor- der, or, if so affected, no longer…”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“The conduct of such a hearing is outlined in ORS 161.346. *570 Finally, if a person has been placed under the Board’s jurisdiction for at least 10 years, he shall be brought before the Board for hearing within 30 days of the expiration of that period.”
— Or. Rev. Stat. § 161.346(5) — 1 case
— Or. Rev. Stat. § 161.346(6) — 2 cases
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“After the hearing conducted pursuant to ORS 161.346, PSRB must enter an order with findings in support of the order: “If the board finds that a person under the jurisdiction of the board: “(a) Is no longer affected by a qualifying mental disor- der, or, if so affected, no longer…”
— Or. Rev. Stat. § 161.346(6)(d) — 1 case
— Or. Rev. Stat. § 161.346(7) — 1 case
— Or. Rev. Stat. § 161.346(9) — 1 case
— Or. Rev. Stat. § 161.346(l)(a) — 8 cases
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
“That is, the three paragraphs of ORS 161.346-(1) must be read sequentially to understand the logic in using first no modifier and then two different modifiers.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“The conduct of such a hearing is outlined in ORS 161.346. *570 Finally, if a person has been placed under the Board’s jurisdiction for at least 10 years, he shall be brought before the Board for hearing within 30 days of the expiration of that period.”
— Or. Rev. Stat. § 161.346(l)(b) — 2 cases
— Or. Rev. Stat. § 161.346(l)(c) — 3 cases
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997).
“That is, the three paragraphs of ORS 161.346-(1) must be read sequentially to understand the logic in using first no modifier and then two different modifiers.”
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