Board Legislative History

Prior to 1971 Legislature

• A person who pleaded not guilty to a crime due to mental disease or defect in Oregon  (NGI--not guilty by reason of insanity), had the burden of proving by a preponderance of the evidence that he/she was unable to distinguish right from wrong as a consequence of mental disease or defect.  (Modified M'Naughton Rule)

1971-1975 Legislation  

• In 1971, the Oregon Legislature passed a new "NGI" statute which used the American Law Institute Model Penal Code (ALI) view of criminal responsibility. The accused was found not responsible if suffering from a mental disease or defect and lacking the substan­tial ability to understand the nature of the act or to conform the conduct to the requirements of the law. The trial court then had three alternatives: the Court could commit the person found "NGI" to the Department of Human Services for care, custody and treatment at the Oregon State Hospital; the Court could oversee the supervision of the person in a manner similar to court probation; or the person could be released from supervision by the Court.
• When the Court committed the "NGI" person to the Department of Human Services, the person remained at the state hospital until such time as the superintendent recommended to the trial court that the person was ready for release. The trial court then would hold a hearing and, where appropriate, the Court could release the "NGI" person subject to conditions. When release was not appropriate, the court issued a new order of commitment. In no case was an "NGI" case to go longer than five years without a hearing for review.
• By 1975, in response to concerns voiced by mental health professionals and trial judges, two task forces were appointed to investigate Oregon's criminal responsibility law and the impact of this law on the mental health system and the corrections system. A legislative package which became Oregon House Bill 2382 was compiled with the aim of solving some of the problems inherent in the 1971 statute. 

1977: Creation of the Psychiatric Security Review Board

• Prior to the enactment of House Bill 2382 (ORS Chapter 161) by the 1977 Legislature, the trial court had the mandate to continue supervising "NGI" persons after sentencing. The Court had neither the funds avail­able nor adequate personnel to provide the needed supervision.  Judges quickly discovered that they were unable to spend the time necessary to track "NGI" persons who were in the community, while attempting to carry a trial judge's caseload. This was clearly evident by the difficulty in obtaining and locating persons under the Board's jurisdiction once the law went into effect in January 1978.
• As of January 1, 1978, supervision of all currently adjudicated "NGI" persons was transferred from the Court to the Board. Insanity defense cases in which the court found the person suffered from mental disease or defect and presented a substantial danger were put under the jurisdiction of the Psychiatric Security Review Board (PSRB). The Board works cooperatively with, but independently of, the judicial and mental health systems. The Board's jurisdiction over persons using the insanity defense runs from the day of sentencing and, unless terminated early, continues for the maximum period of time the person could have been sentenced had the person been found guilty of the crime charged. Sentencing guidelines do not apply to these cases. Jurisdiction would be terminated early if the client no longer suffered from a mental disease or defect or no longer presented a substantial danger to others. An individual under the Board's jurisdiction receives credit for time served pursuant to the charge; time spent on unauthorized leave from the state hospital is added on to the jurisdictional maximum.

1981 Legislation

• The major change to the statute was the deletion of persons from the Board who were classified solely a "danger to self."
  
• Also built into the original statute was a "sunset" provision which stated that unless the Legislature in the 1981 session took affirmative action, the PSRB would cease to function on July 1, 1981, and its responsibilities and jurisdiction in insanity cases would revert to the committing judges. The Board was continued by the 1981 Legislature.

1983 Legislation

Major changes were proposed to the insanity defense and although a few were made none altered the basic functioning of the Board. The following changes were made:

• The nomenclature was changed from "not responsible due to mental disease or defect" to "guilty except for insanity."  The name change did not affect the insanity defense itself.
• The definition of mental disease or defect in ORS 161.295(2) presently does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, and the Legislature added "nor do they include any abnormality constituting solely a personality disorder."
• ORS 162.155(1)(d) was amended to allow for extradition of a person under the jurisdiction of the Psychiatric Security Review Board who leaves the state without authorization of the Board.
• Jury instructions were developed on the issue of insanity.
• The district attorney of each county would submit to the state court administrator statistical records containing information relating to the assertion and trial of mental disease or defect defenses under ORS 161.295 and 161.305.

1985 Legislation

• A person on conditional release who leaves the state without authorization may be prosecuted for escape in the second de­gree.  This provision expands the scope of prosecution for the crime of Escape in the Second Degree to those persons on condi­tional release.
• If it has been more than two years since a person under the Board's jurisdiction has had a hearing in which the burden of proof was on the state, then the burden shall be on the state. Thus, persons who regularly request hearings will not be penalized for exercising their statutory rights.

1987 Legislation

• The Board members' per diem was increased to $212 with adjust­ments according to the executive pay plan.  It is currently $.
• The timing of a revocation hearing was changed to 20 days from the date the person is returned to the custody of the Department of Human Services. It had been 20 days from the date of the revocation order.

1989 Legislation

• The five-year hearing for persons in the custody of the Department of Human Services was eliminated. Persons on conditional release continue to receive this statutory hearing. Individuals in the state hospital have a statutory hearing every two years.

1991 Legislation

• The time period within which the Attorney General has to review a conditional release plan drafted by hospital and community staff for those PSRB clients seeking release from the hospital was shortened from not less than 30 days to not less than 20 days prior to PSRB hearing.

1993 Legislation

• Sex offender registration requirements were expanded to include persons found guilty except for insanity of certain enumerated sex offenses. When a Psychiatric Security Review Board client is discharged or placed on conditional release, Board staff shall enter the person's name and description, the description of the methodology of the offense and the address where the person expects to reside into the Law Enforcement Data System (LEDS).

1995 Legislation

• The time period within which a person found guilty except for insanity may file a notice of appeal of the trial court's determination was extended from 30 days to 90 days after the order is entered in the register.

2001 Legislation

• The timing of the transport by local law enforcement of a revoked PSRB client to Oregon State Hospital in Salem was changed from "immediate" to "as soon as practicable" when the revocation of conditional release is initiated by a designated authority other than the Board at night or on a weekend. This amendment brings the particular subsection into conformity with the timing statutorily mandated when the revocation is initiated by the Board.

2005 Legislation

• Requires court, after entry of verdict and dispositional determination, to order that psychiatric or psychological evaluation of client be performed and that report of evaluation be provided to the court if no evaluation was performed or no report was provided to the court prior to trial.
• Requires court to state on record the mental disease or defect on which the client relied for the guilty except for insanity defense.
• Creates a Juvenile P.S.R.B. for “young persons" found responsible except for insanity who suffer from a serious mental condition which is defined as major depression; bi-polar disorder or psychotic disorder.  Sets forth the procedures for operation of the J.P.S.R.B. 
• Establishes that commitment of a person found guilty except for insanity who is under 18 years of age shall be to a secure intensive community inpatient facility designated by the Department of Human Services.  This facility replaces the Child and Adolescent Treatment Program (CATP) at Oregon State Hospital.
  

2007 Legislation

• Adds the juvenile code disposition of jurisdiction to the Juvenile Panel of P.S.R.B. for “young persons" with developmental disabilities who successfully assert the insanity defense.