Erskine v. Psychiatric Security Review Board
Erskine v. Psychiatric Security Review Board
Opinion of the Court
Petitioner seeks judicial review of an order of the Psychiatric Security Review Board (the board) conditionally releasing him to the custody of the Oregon Department of Corrections (DOC). We reverse and remand.
In 2010, petitioner was found guilty except for insanity of first-degree burglary, and was committed to the Oregon State Hospital and placed under the jurisdiction of the board. In 2011, the hospital applied, pursuant to ORS 161.341(1), for a hearing before the board to determine whether petitioner should be conditionally released from the hospital to the DOC.
Reversed and remanded.
ORS 161.341(1) provides:
“If at any time after a person is committed under ORS 161.315 to 161.351 to a state hospital or a secure intensive community inpatient facility, the superintendent of the hospital or the director of the secure intensive community inpatient facility is of the opinion that the person is no longer affected by mental disease or defect, or, if so affected, no longer presents a substantial danger to others or that person continues to be affected by mental disease or defect and continues to be a danger to others, but that the person can be controlled with proper care, medication, supervision and treatment if conditionally released, the superintendent or director shall apply to the agency having jurisdiction over the person for an order of discharge or conditional release. The application shall be accompanied by a report setting forth the facts supporting the opinion of the superintendent or director. If the application is for conditional release, the application must be accompanied by a verified conditional release plan. The agency shall hold a hearing on the application within 60 days of its receipt. Not less than 20 days prior to the hearing before the agency, copies of the report shall be sent to the Attorney General.”
(Emphasis added.)
Pursuant to the order, among other things, petitioner was to “reside in the secure custody of the [DOC]” and “participate in a treatment program coordinated by the [DOC],” and a person at DOC was given the responsibility to notify the board monthly of petitioner’s “progress in the community.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.