Guilty Except for Insanity (Adults)

Enabling Legislation: ORS 161.295-161.351

When an individual commits a felony and is found by the courts to be Guilty Except for Insanity (GEI), the judge is likely to place the individual under the jurisdiction of the Psychiatric Security Review Board (PSRB). Individuals found GEI are placed under the jurisdiction of the Board no more than the maximum sentence they could have received if found guilty of the crime. Sentencing guidelines do not apply.

The Psychiatric Security Review Board’s Statutory Functions are:

To accept jurisdiction over Guilty Except for Insanity clients
To protect the public
To balance the public’s concern for safety with the rights of the client
To conduct hearings, make findings and issue orders
To monitor the progress of each client under its jurisdiction
To revoke conditional release if the client violates their terms
To maintain a current history on all clients

The Board carries out its functions by conducting hearings and monitoring clients on conditional release. In making decisions, the Board’s primary concern is the protection of the public.

Conditional Release

While under the Board’s jurisdiction, an adult can be committed to the Oregon State Hospital or conditionally released to the community, at levels of care ranging from secure residential treatment facilities to independent living. The Board utilizes hearings to review a client's suitability for conditional release. At these hearings, the Board is presented with oral expert testimony and a detailed community evaluation and plan that proposes the required level of care, monitoring, supervision, treatment and any additional conditions required for client recovery and public safety. The plan is collaboratively developed with the prospective community provider and based on a variety of documentation including comprehensive psychological and risk assessments, treatment notes, and an interview with the client. Clients are eligible for conditional release once the Board determines that he or she can be adequately controlled with supervision and treatment in the community and that the necessary supervision and treatment are available.

Conditional Release is not a new policy. Most states have some type of conditional release program, and the PSRB has supervised clients in the community on conditional release since its inception in 1978. Over the past 12 years, the Board has granted over 1200 conditional releases. Moreover, the PSRB has a proven track record of effectively managing conditional releases, maintaining an exceptional rate of 99% in 15 of the last 16 years. As of June 30, 2024, the Board successfully managed an average of 347 adult clients on conditional release each month, achieving a remarkable maintenance rate of 99.38% for 2024. This performance not only meets but exceeds the target goal of 99%, underscoring the Board's dedication to ensuring stability and safety for clients under its supervision.

Revocation Authority

A conditional release is not indefinite. A change in mental status that causes a client to pose a risk of substantial danger to others or a violation of the terms of conditional release may result in immediate revocation of a client's conditional release and return to Oregon State Hospital pending a hearing. Typically, staff intervenes before the client becomes a serious risk to the community.

Grounds for revocation include:

Violation of the terms of the conditional release plan
A change in mental health status
Absconding from supervision
The appropriate community resources are no longer available

Early Discharge Criteria

While every client under the Board’s jurisdiction is committed for a specified period, the Psychiatric Security Review Board (PSRB) must review each case at every hearing to determine whether the individual should remain under its jurisdiction or be discharged.

The statutory framework allows the PSRB to grant an early discharge, acknowledging that individuals with mental health conditions can undergo significant recovery and change. According to Oregon Revised Statutes (ORS) 161.346(a) and ORS 161.351(1), the PSRB must discharge an individual if, after a full hearing, it finds by a preponderance of the evidence that the individual is no longer affected by a qualifying mental disorder. Alternatively, if an individual continues to have a qualifying mental disorder but has shown they are no longer a substantial danger to others, they may still be eligible for early discharge.

In making discharge decisions, the Board’s primary concern is the protection of society (ORS 161.351(3)). Decisions must be based on a full and fair hearing process. Victims and the District Attorney from the originating county are notified of all PSRB hearings. The District Attorney or Assistant Attorney General representing the State has the right to request an independent psychiatric evaluation and present the findings to the Board, if desired (ORS 161.341(2)).

In rare instances, the Board may be required to discharge an individual who, while no longer affected by a qualifying mental disorder, is assessed as a high risk to reoffend due to a non-qualifying condition. Note that, according to ORS 161.295(2) and Oregon appellate case law, personality disorders, sexual conduct disorders, and voluntary substance-related intoxication are not considered qualifying mental disorders. Under these circumstances, the indivdiual is no longer subject to monitoring or treatment mandates and cannot be referred to the Department of Corrections or be prosecuted again for the same offense.

Since 2011, legislative reforms have resulted in the creation of a certified forensic evaluator requirement for all GEI cases. This requirement was implemented to improve the quality of criminal responsibility evaluations and reduce the risk of defendants being inappropriately found guilty except for insanity and placed under the PSRB. In addition, PSRB staff provide ongoing education to attorneys, judges and law enforcement about the GEI laws.