Or. Rev. Stat. § 419C.532
Hearings of Psychiatric Security Review Board; requirements; standards; dispositions
419C.532 Hearings of Psychiatric Security Review Board; requirements; standards; dispositions. (1) The Psychiatric Security Review Board shall conduct hearings on an application for discharge, conditional release, commitment or modification filed under or required by ORS 419C.538, 419C.540 and 419C.542, and shall make findings on the issues before the board.
(2) In every hearing before the board, the board shall determine whether the young person:
(a) Has a serious mental condition; or
(b) Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others.
(3) The board shall order a young person discharged from commitment or conditional release if the board finds that the young person:
(a) No longer has a qualifying mental disorder; or
(b) Has a qualifying mental disorder other than a serious mental condition but no longer presents a substantial danger to others.
(4) The board shall order a young person conditionally released subject to ORS 419C.538 if the board finds that:
(a) The young person:
(A) Has a serious mental condition; or
(B) Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others;
(b) The young person can be adequately controlled with treatment services as a condition of release; and
(c) Necessary supervision and treatment services are available.
(5) The board shall order a young person committed to, or retained in, a hospital or facility designated by the Department of Human Services or the Oregon Health Authority for custody, supervision and treatment subject to ORS 419C.540 if the board finds that the young person:
(a)(A) Has a serious mental condition; or
(B) Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others; and
(b) Cannot be adequately controlled if conditionally released.
(6) In determining whether a young person should be committed to or retained in a hospital or facility, conditionally released or discharged, the primary concern of the board is the protection of society.
(7) In a hearing before the board, a young person who has a qualifying mental disorder in a state of remission is considered to have a qualifying mental disorder if the qualifying mental disorder may, with reasonable medical probability, occasionally become active.
(8)(a) At any time, the board may appoint a psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry or a licensed psychologist with expertise in child psychology to examine the young person and submit a written report to the board. Reports filed with the board pursuant to the examination must include, but need not be limited to, an opinion as to whether the young person:
(A)(i) Has a serious mental condition; or
(ii) Has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others; and
(B) Could be adequately controlled with treatment services as a condition of release.
(b) In preparation for a board hearing under ORS 419C.538 (4) or (6), 419C.540 (1) or (4) or 419C.542 (1), (2) or (3), if the board does not include a member who is a psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry who is experienced in the juvenile justice system, or a licensed psychologist who is experienced in child psychology and the juvenile justice system, the board shall appoint a psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry, or a licensed psychologist who is experienced in child psychology, to review any exhibits that have been admitted into evidence for the hearing and provide a written report to the board.
(9) The board may make a determination regarding discharge or conditional release based upon the written report submitted under subsection (8) of this section or ORS 419C.540 (3). If a member of the board desires further information from the examining psychiatrist or licensed psychologist who submitted the report, the board shall summon the psychiatrist or psychologist to give testimony.
(10) The board shall consider all available evidence that is material, relevant and reliable regarding the issues before the board. Evidence may include, but is not limited to, the record of the juvenile court adjudication, information supplied by the attorney representing the state or by any other interested person, including the young person, information concerning the young person’s mental condition and the entire psychiatric and juvenile court history of the young person. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs is admissible at the hearings. Testimony must be taken upon oath or affirmation of the witness from whom received. The officer presiding at the hearing shall administer oaths and affirmations to witnesses.
(11) The standard of proof on all issues at a hearing of the board is by a preponderance of the evidence.
(12)(a) The board shall furnish written notice of any hearing pending under this section within a reasonable time prior to the hearing to:
(A) The young person about whom the hearing is being conducted;
(B) The attorney representing the young person;
(C) The young person’s parents or guardians, if known;
(D) The person having legal custody of the young person;
(E) The Attorney General or other attorney representing the state, if any; and
(F) The district attorney of the county in which the young person was adjudicated.
(b) The board shall include in the notice required by paragraph (a) of this subsection:
(A) The time, place and location of the hearing;
(B) The nature of the hearing, the specific action for which the 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 authority and jurisdiction under which the hearing is to be held; and
(D) A statement of all rights under subsection (13) of this section.
(13) A young person about whom a hearing is being held has the right:
(a) To appear at all proceedings held under this section, except board 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 and, if the information, documents and reports are available to the board before the hearing, to examine them prior to the hearing.
(14) Except for deliberations of the board, the board shall keep a record of all hearings before the board.
(15) Upon request of a person listed in subsection (12)(a) of this section or on its own motion, the board may continue a hearing for a reasonable period not to exceed 60 days to obtain additional information or testimony or for other good cause shown.
(16) Within 30 days after the conclusion of the hearing, the board shall provide written notice of the board’s decision to the young person, the attorney representing the young person, the young person’s parents or guardians, if known, the person having legal custody of the young person, the district attorney of the county in which the young person was adjudicated and the Attorney General or other attorney representing the state, if any.
(17) The board shall maintain and keep current the medical, social and delinquency history of all young persons. The board shall determine the confidentiality of records maintained by the board pursuant to ORS 161.353 and 192.311 to 192.478. [2005 c.843 §14; 2009 c.595 §371; 2017 c.232 §2; 2017 c.634 §25; 2025 c.56 §5; 2025 c.58 §4]