(1) The director of a hospital or facility to which a young person was committed under ORS 419C.532 (5) shall apply to the juvenile panel of the Psychiatric Security Review Board for an order of discharge or conditional release of the young person if, at any time after the commitment, the director is of the opinion that the young person:
(a) No longer has a mental disease or defect;
(b) Has a mental disease or defect other than a serious mental condition but no longer presents a substantial danger to others; or
(c) Can be controlled with proper supervision and treatment services if conditionally released.
(2) The director shall include in an application under subsection (1) of this section a report setting forth the facts that support the opinion of the director. If the application is for conditional release, the director shall also include a verified conditional release plan. The juvenile panel shall hold a hearing on an application under subsection (1) of this section within 30 days of its receipt. Not less than 10 days prior to the hearing before the juvenile panel, copies of the report must be sent to the Attorney General or other attorney representing the state, if any, the district attorney of the county in which the young person was adjudicated, the young person, the young person’s attorney, the young person’s parents or guardians, if known, and the person having legal custody of the young person.
(3) The attorney representing the state may choose 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 prior to any decision of the juvenile panel on discharge or conditional release. The results of the examination must be in writing and filed with the juvenile panel and must include, but need not be limited to, an opinion as to whether the young person:
(a)(A) Has a serious mental condition; or
(B) Has a mental disease or defect 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.
(4) A young person who has been committed to a hospital or facility under ORS 419C.532 (5) or the young person’s parents or guardians acting on the young person’s behalf may apply to the juvenile panel for an order of discharge or conditional release upon the grounds that the young person:
(a) No longer has a mental disease or defect;
(b) Has a mental disease or defect other than a serious mental condition but no longer presents a substantial danger to others; or
(c) Can be controlled with proper supervision and treatment services if conditionally released.
(5) When an application is made under subsection (4) of this section, the juvenile panel shall require a report from the director of the hospital or facility. The director shall prepare and transmit the report as provided in subsection (2) of this section.
(6) At a hearing on an application under subsection (4) of this section:
(a) The applicant has the burden of proving the young person’s fitness for discharge or conditional release; or
(b) If more than two years have passed since the state had the burden of proving the young person’s lack of fitness for discharge or conditional release, the state has the burden of proving the young person’s lack of fitness for discharge or conditional release.
(7) A person may not file an application for discharge or conditional release under subsection (4) of this section:
(a) Sooner than 90 days after the initial juvenile panel hearing concerning the young person.
(b) If another application for discharge or conditional release of the young person was filed during the immediately preceding 90 days.
(8) The juvenile panel shall hold a hearing on an application under subsection (4) of this section within 30 days after the application is filed. [2005 c.843 §17]
Section: Previous 419C.527 419C.529 419C.530 419C.532 419C.533 419C.535 419C.538 419C.540 419C.542 419C.544 419C.550 419C.555 419C.558 419C.561 419C.570 NextLast modified: August 7, 2008