Oregon Statutes 419C.540 – Discharge or conditional release after commitment
(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:
Terms Used In Oregon Statutes 419C.540
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) No longer has a qualifying mental disorder;
(b) Has a qualifying mental disorder 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 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.
(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 qualifying mental disorder;
(b) Has a qualifying mental disorder 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.
(9)(a) The juvenile panel and the director of a hospital or facility to which a young person was committed under ORS § 419C.532 (5) may not assess any fees or costs against the young person or the young person’s parent or guardian, including but not limited to court-appointed attorney fees, examination fees and costs and supervision expenses. This paragraph does not apply to expenses associated with the young person’s treatment.
(b) Notwithstanding paragraph (a) of this subsection, if the young person is committed to the Oregon State Hospital, the young person’s ability to pay and cost of care are determined under ORS § 179.640 and 179.701. [2005 c.843 § 17; 2017 c.634 § 27; 2021 c.597 § 22]