Psychiatric Security Review Board

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The Psychiatric Security Review Board (PSRB) of Oregon, which is headquartered in Portland, was created in 1978.[1] Anyone in Oregon found to be "guilty except for insanity" of a crime would fall under jurisdiction of the board.

The Oregon Legislature created a panel of the PSRB in 2005 to have jurisdiction over youths found “responsible except for insanity” of a crime.[2] Statutory language was also modified to create a plea of "responsible except for insanity" for juveniles in Oregon.

The PSRB has the power to mete out the maximum sentence provided by the state statute of the crime.

Members have "authority to commit a person to a state hospital designated by the Department of Human Services or, in the case of a youth, to a secure adolescent inpatient rehabilitation program; conditionally release a person from a state hospital or secure facility to a community-based program with close supervision; discharge a person from its jurisdiction; and, when appropriate, revoke the conditional release of a person under its jurisdiction and order the person’s return to a state hospital or secure adolescent inpatient rehabilitation program."[3]

The board consists of 10 members. The members are appointed by the governor and confirmed by the Senate to 4-year terms.

Since 2009, the PSRB has provided information to the Oregon State Police regarding persons who are, or have been, under PSRB’s jurisdiction in order to keep updated the national database for those prohibited from possessing a firearm.

Definitions

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"Insanity Defense": Nomenclature. For offenses committed on or after January 1, 1984, a person is guilty except for insanity if, as a result of a mental disease or defect at the time of engaging in criminal conduct, the person lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law. The name of the insanity defense from January 1, 1978, through December 31, 1983, was "not responsible due to mental disease or defect." From January 1, 1971, through December 31, 1977, the insanity defense was known as "not guilty by reason of mental disease or defect." The name of the insanity defense prior to 1971 was "not guilty by reason of insanity."

"Mental Disease" is defined as any diagnosis of mental disorder which is a significant behavioral or psychological syndrome or pattern that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM IV) of the American Psychiatric Association.

"Mental Defect" is defined as mental retardation, brain damage or other biological dysfunction that is associated with distress or disability causing symptoms or impairment in at least one important area of an individual's functioning and is defined in the current Diagnostic and Statistical Manual of Mental Disorders (DSM IV) of the American Psychiatric Association.

Proof of Mental Disease or Defect. The Board shall not discharge a person whose mental disease or defect may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others:

  • The term "mental disease or defect" does not include an abnormality manifested solely by repeated or criminal or otherwise antisocial conduct;
  • For offenses committed on or after January 1, 1984, the term "mental disease or defect" does not include any abnormality constituting solely a personality disorder.

"Dangerousness". A person is a substantial danger to others if the person is demonstrating or previously has demonstrated intentional, knowing, reckless or criminally negligent behavior which places others at risk of physical injury.

"Proof of Dangerousness" In considering the issue of dangerousness, the Board may hear testimony on whether the person's mental disease or defect may, with reasonable medical probability, occasionally become active, and when active, render the person a danger to others.[4]


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