161.385
Psychiatric Security Review Board; composition, term, qualifications,
compensation, appointment, confirmation and meetings. (1) There is hereby created a
Psychiatric Security Review Board consisting of the members described in
subsection (2) of this section appointed by the Governor and subject to
confirmation by the Senate under section 4, Article III of the Oregon Constitution.
(2)(a) The
membership of the board may not include any district attorney, deputy district
attorney or public defender.
(b) The Governor
shall appoint:
(A) A
psychiatrist experienced in the criminal justice system and not otherwise
employed on a full-time basis by the Oregon Health Authority or a community
mental health program;
(B) A licensed
psychologist experienced in the criminal justice system and not otherwise
employed on a full-time basis by the authority or a community mental health
program;
(C) A member with
substantial experience in the processes of parole and probation;
(D) A lawyer with
substantial experience in criminal trial practice; and
(E) A member of
the general public.
(c) The Governor
may appoint a sixth member, to serve as an alternate member as described in
subsection (6)(b) of this section, who has previously served on the board for
one or more terms, has demonstrated commitment to the board’s strategic plan
and is well-versed in the board’s operations, policies and procedures.
(3) The term of
office of each member is four years. The Governor at any time may remove any
member for inefficiency, neglect of duty or malfeasance in office. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
(4) A member of
the board not otherwise employed full-time by the state shall be paid on a per
diem basis an amount equal to $289.22, adjusted according to the executive pay
plan for the biennium, for each day during which the member is engaged in the
performance of official duties, including necessary travel time. In addition,
subject to ORS 292.220 to 292.250 regulating travel and other expenses of state
officers and employees, the member shall be reimbursed for actual and necessary
travel and other expenses incurred in the performance of official duties.
(5) Subject to
any applicable provision of the State Personnel Relations Law, the board may
hire employees to aid it in performing its duties.
(6)(a) The board
consists of a single panel of five members appointed under subsection (2)(b) of
this section. The panel is responsible for persons placed under the board’s
jurisdiction under ORS 161.315 to 161.351 and young persons placed under the
board’s jurisdiction under ORS 419C.529, and for carrying out the board’s
duties described in ORS 163A.125, 166.273, 426.701 and 426.702.
(b) If a member
is appointed under subsection (2)(c) of this section, that member serves as an
alternate member of the panel, and may participate as a voting member of the
panel for board hearings described in ORS 161.315 to 161.351, 163A.125,
419C.529 to 419C.542, 426.701 and 426.702, when a member appointed under
subsection (2)(b) of this section is unavailable.
(7)(a) The panel
shall select one of its members as chairperson to serve for a one-year term
with such duties and powers as the panel determines.
(b) A majority of
the voting members of the panel constitutes a quorum for the transaction of
business of the panel.
(8) The panel
shall meet at least twice every month, unless the chairperson determines that
there is not sufficient business before the panel to warrant a meeting at the
scheduled time. The panel shall also meet at other times and places specified
by the call of the chairperson or of a majority of the members of the panel. [1977
c.380 §8; 1979 c.867 §7; 1979 c.885 §6; 1981 c.711 §15; 1981 s.s. c.3 §132;
1983 c.740 §26; 1983 c.800 §12; 1987 c.133 §1; 2001 c.962 §70; 2005 c.843 §20;
2009 c.595 §109; 2011 c.708 §8; 2025 c.56 §1]
Notes of Decisions
Drew v. Psychiatric Sec. Review Bd., 909 P.2d 1211 (Or. 1996).
· cites it 3× “ORS 161.385(2). The Board should therefore be entitled to utilize its own expertise in evaluating the evidence.”
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981).
· cites it 4× “Thereafter, the opinion treats as "evidence" or as "fact" some matters that, in all fairness, were only expressions of professional expert opinion furnished by persons who presence on the Board is provided for by statute (ORS 161.385) so that the system can have the advantage of…”
Godfrey v. Fred Meyer Stores, 124 P.3d 621 (Or. Ct. App. 2005).
· cites it 2× “, ORS 161.385(8)(b) ("The record may include a certified true copy of a tape recording of the proceeding[.”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
· cites it 5× “The PSRB is a state agency created by Oregon Laws 1977, ch 380, § 8 (codified as ORS 161.385) for the purpose of determining the proper disposition of persons who have been tried for a crime and found not responsible by reason of mental disease or defect.”
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991).
· cites it 2× “ORS 161.385(8)(c). Because we conclude that the evidence on which PSRB expressly relied in making its finding was not substantial, we reverse and remand to the agency for further consideration.”
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.”
Harmon v. State of Oregon, 514 P.3d 1131 (Or. Ct. App. 2022).
“PSRB PSRB is a state agency created by ORS 161.385. Pursuant to ORS 161.327, if the court finds that a person found guilty except for insanity of a felony is “affected by a qualifying mental disorder” and presents a “substantial danger to others,” and the court “finds that the…”
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
· cites it 2× “Petitioner contends that he should be continued on conditional release because (1) PSRB did not make the required finding that he presents a substantial danger to himself or others, (2) there was insufficient evidence to support a finding that he presents a substantial danger to…”
Perkey v. Psychiatric Sec. Review Bd., 670 P.2d 1061 (Or. Ct. App. 1983).
“Review of PSRB orders by this court is provided by ORS 161.385(9)(a). The statute conferring jurisdiction over petitioner on PSRB does not violate Article III, section 1.”
Cramer v. Psychiatric Sec. Review Bd., 857 P.2d 232 (Or. Ct. App. 1993).
“ORS 161.385(8). He argues that the Board erred, because there was not substantial evidence to support a finding that he is affected by a mental disease or defect, or that he could not be adequately controlled, with treatment, on conditional release.”
State v. Cooper, 587 P.2d 1051 (Or. Ct. App. 1978).
“ORS 161.385(9) provides in material part: "(a) When a person over whom the board exercises its jurisdiction is adversely affected or aggrieved by a final order of the board, the person is entitled to judicial review of the final order.”
— Or. Rev. Stat. § 161.385(1) — 1 case
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“The PSRB is a state agency created by Oregon Laws 1977, ch 380, § 8 (codified as ORS 161.385) for the purpose of determining the proper disposition of persons who have been tried for a crime and found not responsible by reason of mental disease or defect.”
— Or. Rev. Stat. § 161.385(2) — 4 cases
Drew v. Psychiatric Sec. Review Bd., 909 P.2d 1211 (Or. 1996).
“ORS 161.385(2). The Board should therefore be entitled to utilize its own expertise in evaluating the evidence.”
Rolfe v. Psychiatric Sec. Review Bd., 633 P.2d 846 (Or. Ct. App. 1981).
“Thereafter, the opinion treats as "evidence" or as "fact" some matters that, in all fairness, were only expressions of professional expert opinion furnished by persons who presence on the Board is provided for by statute (ORS 161.385) so that the system can have the advantage of…”
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.”
— Or. Rev. Stat. § 161.385(2)(c) — 1 case
Drew v. Psychiatric Sec. Review Bd., 909 P.2d 1211 (Or. 1996).
“ORS 161.385(2). The Board should therefore be entitled to utilize its own expertise in evaluating the evidence.”
— Or. Rev. Stat. § 161.385(8) — 2 cases
Drew v. Psychiatric Sec. Review Bd., 909 P.2d 1211 (Or. 1996).
“ORS 161.385(2). The Board should therefore be entitled to utilize its own expertise in evaluating the evidence.”
Cramer v. Psychiatric Sec. Review Bd., 857 P.2d 232 (Or. Ct. App. 1993).
“ORS 161.385(8). He argues that the Board erred, because there was not substantial evidence to support a finding that he is affected by a mental disease or defect, or that he could not be adequately controlled, with treatment, on conditional release.”
— Or. Rev. Stat. § 161.385(8)(a) — 1 case
— Or. Rev. Stat. § 161.385(8)(b) — 1 case
Godfrey v. Fred Meyer Stores, 124 P.3d 621 (Or. Ct. App. 2005).
“, ORS 161.385(8)(b) ("The record may include a certified true copy of a tape recording of the proceeding[.”
— Or. Rev. Stat. § 161.385(8)(c) — 4 cases
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991).
“ORS 161.385(8)(c). Because we conclude that the evidence on which PSRB expressly relied in making its finding was not substantial, we reverse and remand to the agency for further consideration.”
— Or. Rev. Stat. § 161.385(9) — 1 case
State v. Cooper, 587 P.2d 1051 (Or. Ct. App. 1978).
“ORS 161.385(9) provides in material part: "(a) When a person over whom the board exercises its jurisdiction is adversely affected or aggrieved by a final order of the board, the person is entitled to judicial review of the final order.”
— Or. Rev. Stat. § 161.385(9)(a) — 2 cases
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“The PSRB is a state agency created by Oregon Laws 1977, ch 380, § 8 (codified as ORS 161.385) for the purpose of determining the proper disposition of persons who have been tried for a crime and found not responsible by reason of mental disease or defect.”
Perkey v. Psychiatric Sec. Review Bd., 670 P.2d 1061 (Or. Ct. App. 1983).
“Review of PSRB orders by this court is provided by ORS 161.385(9)(a). The statute conferring jurisdiction over petitioner on PSRB does not violate Article III, section 1.”
— Or. Rev. Stat. § 161.385(9)(c) — 5 cases
Cochenour v. Psychiatric Sec. Review Bd., 615 P.2d 1155 (Or. Ct. App. 1980).
“Petitioner contends that he should be continued on conditional release because (1) PSRB did not make the required finding that he presents a substantial danger to himself or others, (2) there was insufficient evidence to support a finding that he presents a substantial danger to…”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979).
“The PSRB is a state agency created by Oregon Laws 1977, ch 380, § 8 (codified as ORS 161.385) for the purpose of determining the proper disposition of persons who have been tried for a crime and found not responsible by reason of mental disease or defect.”
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