2007 ORS § 161.385¹
Psychiatric Security Review Board
- • composition, term, qualifications, compensation, appointment, confirmation and meetings
- • judicial review of orders
(1) There is hereby created a Psychiatric Security Review Board consisting of 10 members appointed by the Governor and subject to confirmation by the Senate under section 4, Article III of the Oregon Constitution.
(2) The membership of the board may not include any district attorney, deputy district attorney or public defender. The Governor shall appoint:
(a) A psychiatrist experienced in the criminal justice system and not otherwise employed on a full-time basis by the Department of Human Services or a community mental health and developmental disabilities program;
(b) A licensed psychologist experienced in the criminal justice system and not otherwise employed on a full-time basis by the Department of Human Services or a community mental health and developmental disabilities program;
(c) A member with substantial experience in the processes of parole and probation;
(d) A lawyer with substantial experience in criminal trial practice;
(e) A psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry who is experienced in the juvenile justice system and not employed on a full-time basis by the Department of Human Services or a community mental health and developmental disabilities program;
(f) A licensed psychologist who is experienced in child psychology and the juvenile justice system and not employed on a full-time basis by the Department of Human Services or a community mental health and developmental disabilities program;
(g) A member with substantial experience in the processes of juvenile parole and probation;
(h) A lawyer with substantial experience in juvenile law practice; and
(i) Two members of the general public.
(3) The term of office of each member is four years. The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(4) A member of the board not otherwise employed full-time by the state shall be paid on a per diem basis an amount equal to $289.22 [bad link], adjusted according to the executive pay plan for the biennium, for each day during which the member is engaged in the performance of official duties, including necessary travel time. In addition, subject to ORS 292.220 (Department to regulate subsistence and mileage allowances for travel) to 292.250 (Reimbursement for use of privately owned motor vehicle on official business) regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.
(5) Subject to any applicable provision of the State Personnel Relations Law, the board may hire employees to aid it in performing its duties.
(6) The board consists of two five-member panels. The adult panel is responsible for persons placed under the board’s jurisdiction under ORS 161.327 (Order giving jurisdiction to Psychiatric Security Review Board) and 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board) and consists of those members appointed under subsection (2)(a) to (d) of this section and one of the public members. The juvenile panel is responsible for young persons placed under the board’s jurisdiction under ORS 419C.529 (Finding of mental disease or defect) and consists of those members appointed under subsection (2)(e) to (h) of this section and the other public member.
(7)(a) Each panel shall select one of its members as chairperson to serve for a one-year term with such duties and powers as the panel determines.
(b) A majority of the voting members of a panel constitutes a quorum for the transaction of business of the panel.
(8) Each panel shall meet at least twice every month, unless the chairperson determines that there is not sufficient business before the panel to warrant a meeting at the scheduled time. The panel shall also meet at other times and places specified by the call of the chairperson or of a majority of the members of the panel.
(9)(a) When a person over whom a panel of the board exercises its jurisdiction is adversely affected or aggrieved by a final order of the panel, the person is entitled to judicial review of the final order. The person is entitled on judicial review to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed by the reviewing court in the manner provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) (1). If the person is financially eligible, the public defense services executive director shall determine and pay, as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds), the cost of briefs, any other expenses of the person necessary to the review and compensation for counsel appointed for the person. The costs, expenses and compensation so allowed shall be paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds).
(b) The order and the proceedings underlying the order are subject to review by the Court of Appeals upon petition to that court filed within 60 days of the order for which review is sought. The panel shall submit to the court the record of the proceeding or, if the person agrees, a shortened record. The record may include a certified true copy of a tape recording of the proceedings at a hearing in accordance with ORS 161.346 (Hearings on discharge, conditional release, commitment or modification). A copy of the record transmitted shall be delivered to the person by the panel.
(c) The court may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (Jurisdiction for review of contested cases) (8).
(d) The filing of the petition does not stay the panel’s order, but the panel or the Court of Appeals may order a stay upon application on such terms as are deemed proper. [1977 c.380 §8; 1979 c.867 §7; 1979 c.885 §6; 1981 c.711 §15; 1981 s.s. c.3 §132; 1983 c.740 §26; 1983 c.800 §12; 1987 c.133 §1; 2001 c.962 §70; 2005 c.843 §20]