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Oregon Revised Statutes

Or. Rev. Stat. § 161.351 (2026)

Discharge by board; effect of remission; protection of society

✓ current as of May 2026
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      161.351 Discharge by board; effect of remission; protection of society. (1) Any person placed under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161.351 shall be discharged at such time as the board, upon a hearing, finds by a preponderance of the evidence that the person is no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires regular medical care, medication, supervision or treatment.

      (2) For purposes of ORS 161.315 to 161.351, a person affected by a qualifying mental disorder in a state of remission is considered to have a qualifying mental disorder. A person whose qualifying mental disorder may, with reasonable medical probability, occasionally become active and when it becomes active will render the person a danger to others may not be discharged. The person shall continue under supervision and treatment necessary to protect the person and others.

      (3) In determining whether a person should be committed to a state hospital or secure intensive community inpatient facility, conditionally released or discharged, the board shall have as its primary concern the protection of society. [1977 c.380 §17 (enacted in lieu of 161.350); 1981 c.711 §13; 1985 c.192 §4; 1989 c.49 §1; 2011 c.708 §4; 2017 c.442 §5; 2017 c.634 §13]

Notes of Decisions
Cited in 40 cases (17 in the last 5 years), 1978–2025 · leading case: Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019).
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Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019). · cites it 9× “See ORS 161.351 (requiring discharge if person under PSRB jurisdiction is "no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires regular medical care, medication, supervision or treatment").”
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981). · cites it 20× “ORS 161.351(1). [2] A person whose mental disease *849 is in a state of remission, however, is considered still to be affected by the disease or defect.”
Rinne v. PSRB, 533 P.3d 777 (Or. Ct. App. 2023). · cites it 5× “When he was first admitted to the hospital in 1999, he was diagnosed with autism spectrum disorder, 2 ORS 161.351 was amended in 2017; however, because those amendments were not substantive and do not affect our analysis, we refer to the current ver- sion of the statute in this…”
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005). · cites it 3× “346 establishes the procedures for a hearing on an application for discharge, and ORS 161.351 provides, in part, that, if the board finds that the person is no longer affected by mental disease or defect, then the person shall be discharged.”
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980). · cites it 10× “1 *276 Petitioner petitioned for judicial review of the order, contending (1) that the findings of mental disease or defect and dangerousness were not supported by substantial evidence, and (2) that the standard of proof by a preponderance of the evidence for discharge from PSRB…”
Haidar v. PSRB, 524 P.3d 986 (Or. Ct. App. 2023). · cites it 5× “ORS 161.351 requires discharge where the person is no longer affected by a qualifying mental disorder or no longer presents a substantial danger to others.”
Mueller v. Psychiatric Sec. Review Bd., 937 P.2d 1028 (Or. 1997). · cites it 4× “295(2), OAR 859-10-005(4)(b) (1987), and ORS 161.351. Of course, more information may be placed in the record on remand, if it is available.”
Perkey v. Psychiatric Sec. Review Bd., 670 P.2d 1061 (Or. Ct. App. 1983). · cites it 4× “It was repealed effective January 1,1978, and was replaced by ORS 161.351, which presently provides for similar review by PSRB.”
Adams v. Psychiatric Sec. Review Bd., 609 P.2d 908 (Or. Ct. App. 1980). · cites it 7× “Under ORS 161.351 the state is required at the initial hearing before PSRB to show that at the time of the hearing the person under the jurisdiction of the PSRB continues to be affected by a mental disease or defect and is or probably will be substantially dangerous to…”
Walters v. PSRB, 341 Or. App. 41 (Or. Ct. App. 2025). · cites it 3× “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.”
State v. Gile, 985 P.2d 199 (Or. Ct. App. 1999). · cites it 2× “325 to ORS 161.351. Olmstead, 310 Or at 463 ; OAR 213-009-0002.”
Osborn v. Psychiatric Sec. Review Bd., 934 P.2d 391 (Or. 1997). “ORS 161.351(1) provides that the PSRB shall discharge any individual under its jurisdiction if it finds “that the person is no longer affected by mental disease or defect” or, if affected, does not present a substantial danger to others.”
Show all 40 citing cases →
— Or. Rev. Stat. § 161.351(1) — 20 cases
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981). “ORS 161.351(1). [2] A person whose mental disease *849 is in a state of remission, however, is considered still to be affected by the disease or defect.”
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019). “See ORS 161.351 (requiring discharge if person under PSRB jurisdiction is "no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires regular medical care, medication, supervision or treatment").”
Rinne v. PSRB, 533 P.3d 777 (Or. Ct. App. 2023). “When he was first admitted to the hospital in 1999, he was diagnosed with autism spectrum disorder, 2 ORS 161.351 was amended in 2017; however, because those amendments were not substantive and do not affect our analysis, we refer to the current ver- sion of the statute in this…”
Haidar v. PSRB, 524 P.3d 986 (Or. Ct. App. 2023). “ORS 161.351 requires discharge where the person is no longer affected by a qualifying mental disorder or no longer presents a substantial danger to others.”
Walters v. PSRB, 341 Or. App. 41 (Or. Ct. App. 2025). “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. § 161.351(2) — 17 cases
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981). “ORS 161.351(1). [2] A person whose mental disease *849 is in a state of remission, however, is considered still to be affected by the disease or defect.”
Rinne v. Psychiatric Sec. Review Bd., 443 P.3d 731 (Or. Ct. App. 2019). “See ORS 161.351 (requiring discharge if person under PSRB jurisdiction is "no longer affected by a qualifying mental disorder or, if so affected, no longer presents a substantial danger to others that requires regular medical care, medication, supervision or treatment").”
Rinne v. PSRB, 533 P.3d 777 (Or. Ct. App. 2023). “When he was first admitted to the hospital in 1999, he was diagnosed with autism spectrum disorder, 2 ORS 161.351 was amended in 2017; however, because those amendments were not substantive and do not affect our analysis, we refer to the current ver- sion of the statute in this…”
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991).
Adams v. Psychiatric Sec. Review Bd., 609 P.2d 908 (Or. Ct. App. 1980). “Under ORS 161.351 the state is required at the initial hearing before PSRB to show that at the time of the hearing the person under the jurisdiction of the PSRB continues to be affected by a mental disease or defect and is or probably will be substantially dangerous to…”
— Or. Rev. Stat. § 161.351(3) — 3 cases
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005). “346 establishes the procedures for a hearing on an application for discharge, and ORS 161.351 provides, in part, that, if the board finds that the person is no longer affected by mental disease or defect, then the person shall be discharged.”
Perkey v. Psychiatric Sec. Review Bd., 670 P.2d 1061 (Or. Ct. App. 1983). “It was repealed effective January 1,1978, and was replaced by ORS 161.351, which presently provides for similar review by PSRB.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 161.351(5) — 1 case
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 161.351(6) — 1 case
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
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