Oregon Administrative Rules Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Oregon Administrative Rules Chapter 859 – Psychiatric Security Review Board (PSRB)
Overview
The Psychiatric Security Review Board (PSRB) is an independent state agency in Oregon that oversees individuals found guilty except for insanity (GEI) or who are found incompetent to stand trial due to mental illness. The PSRB’s primary role is to review these individuals’ mental health status, determine appropriate levels of supervision or confinement, and make decisions about their conditional release or continued commitment.
OAR Chapter 859 sets forth the rules governing the PSRB’s procedures, decision-making standards, review processes, and interactions with other criminal justice and mental health agencies.
Statutory and Legal Basis
The PSRB operates under authority granted by ORS Chapter 161, particularly:
ORS 161.295 to 161.362 (regarding the insanity defense and GEI dispositions)
ORS 161.370 to 161.385 (regarding individuals incompetent to proceed)
These statutes establish the PSRB’s jurisdiction, powers, and procedural requirements. Chapter 859 OAR elaborates on these statutory provisions by setting administrative standards and processes.
Purpose of Chapter 859
To ensure due process protections for persons under PSRB jurisdiction.
To establish criteria for commitment, conditional release, or discharge.
To coordinate treatment and supervision between the criminal justice system and mental health providers.
To protect public safety while respecting individual rights.
Key Provisions of OAR Chapter 859
1. Jurisdiction and Authority (OAR 859-001)
Defines which individuals fall under PSRB jurisdiction (GEI acquittees, individuals found incompetent to proceed).
Establishes the PSRB’s power to order commitment, conditional release, or discharge.
2. Procedural Rules and Hearings (OAR 859-002 to 859-004)
Specifies how hearings are scheduled, noticed, and conducted.
Sets out rights of the individual, including representation by counsel, presenting evidence, and cross-examination.
Requires periodic review hearings to assess current mental condition and risk.
3. Standards for Commitment and Release (OAR 859-005)
Commitment or continued confinement requires proof that the person has a mental disease or defect that makes release a risk.
Conditional release plans must ensure supervision and treatment adequate to protect public safety.
Discharge occurs only when the PSRB determines the individual no longer poses a substantial risk.
4. Treatment and Supervision Plans (OAR 859-006)
Outlines minimum requirements for treatment programs in hospitals, community settings, or other facilities.
Specifies coordination with mental health professionals and law enforcement.
5. Information Sharing and Reporting (OAR 859-007)
Requires timely reports from treatment providers.
Establishes confidentiality rules balanced with public safety.
Important Case Law Related to PSRB and Chapter 859
Oregon courts have addressed key issues involving PSRB jurisdiction, due process, and the balance between individual rights and public safety.
1. State v. Barton, 330 Or. 199 (2000)
Issue: Whether the PSRB’s authority to continue commitment of a GEI acquittee requires clear and convincing evidence of dangerousness.
Holding: The Oregon Supreme Court held that continued commitment must be based on clear and convincing evidence that the individual has a mental disease or defect and poses a substantial risk to public safety.
Significance: Affirmed high standard of proof required by PSRB for restricting liberty under OAR Chapter 859 and ORS 161.
2. State ex rel Mental Health Advocacy Services v. PSRB, 319 Or. 529 (1994)
Issue: Due process rights in PSRB hearings, specifically the right to counsel and fair procedures.
Holding: The Court held that PSRB procedures must comply with constitutional due process, including notice, right to counsel, and opportunity to be heard.
Significance: Ensured procedural protections in administrative hearings under Chapter 859.
3. State v. Rowland, 329 Or. 46 (1999)
Issue: The scope of PSRB authority over individuals found incompetent to stand trial.
Holding: The Court recognized the PSRB’s authority to detain and supervise incompetent individuals but emphasized periodic reviews and least restrictive means.
Significance: Reinforced balance of individual liberty and public safety under PSRB rules.
4. In re Civil Commitment of McCarthy, 348 Or. 154 (2008)
Issue: Conditions for discharge of PSRB-committed individuals.
Holding: The Court clarified that discharge requires a finding that the person is no longer mentally ill or dangerous, consistent with OAR Chapter 859.
Significance: Stressed importance of careful risk assessment in PSRB decisions.
Practical Operation of the PSRB Under Chapter 859
When a defendant is found guilty except for insanity, the court commits the individual to the PSRB.
The PSRB holds a hearing to decide on commitment to a state hospital, conditional release to community programs, or discharge.
The individual is subject to periodic reviews to evaluate mental health and risk.
The PSRB works closely with mental health providers, law enforcement, and the judiciary.
Public safety and individual rights are carefully weighed at every stage.
Summary Table
| Topic | OAR 859 Provision | Case Law Example |
|---|---|---|
| Jurisdiction | OAR 859-001 | State v. Rowland (1999) |
| Due Process in Hearings | OAR 859-002 to 859-004 | Mental Health Advocacy Services v. PSRB (1994) |
| Standard for Commitment | OAR 859-005 | State v. Barton (2000) |
| Treatment and Supervision | OAR 859-006 | In re Civil Commitment of McCarthy (2008) |
| Information Reporting | OAR 859-007 | — |
Conclusion
OAR Chapter 859 governs the operation of the Psychiatric Security Review Board with a focus on protecting public safety while respecting the constitutional rights of individuals with serious mental illnesses involved in the criminal justice system. The rules provide clear procedural safeguards, high standards of proof, and structured review processes. Oregon courts have upheld these principles and clarified the PSRB’s role through significant case law, ensuring due process and careful balancing of liberty and safety.
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