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Victim FAQs



No. There is no minimum time a person must stay at the hospital nor do all GEI defendants have to go to the hospital.​​​

The period individual PSRB clients stay at OSH is based on: a clinical assessment of the individual’s mental status and progress in treatment at the hospital; a risk assessment as to their dangerousness; and the availability of the appropriate resources in the community. If the Board determines that a PSRB client can be safely managed and treated in a community setting, it attempts to find an appropriate placem​ent.​​​​

Because of additional funding from the Oregon Legislature since 2005, an increased number of PSRB clients have been moved into a variety of new community placements, including Secure Residential Treatment Facilities (SRTFs). Since more of these facilities have opened, there has not been any increase in the recidivism rate.​


State law prohibits the Board from placing anyone on Conditional Release who is determined to be presently dangerous to others. In addition, before individuals are released, they undergo a comprehensive screening process that includes four levels of review.
 
Conditional Release is not a new policy.  Most states have some type of conditional release program. The PSRB has supervised clients in the community on conditional release since its inception in 1978. Over the past 15 years, the Board has granted roughly 1643 conditional releases to individuals who then transition into community placements throughout the state of Oregon. Some of these clients remain under supervision for decades or even life.​

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By law, the Board notifies the committing county's district attorney and any victims who have requested notification. The Board also notifies the state attorney general’s office, the client’s attorney, and the client’s social worker or case manager. Once a person leaves the state hospital on a conditional release, the PSRB also notifies law enforcement. With some exceptions, Fair Housing and Disability Laws prevent the Board from sharing information about patients with neighbors or members of the public.​

Discharge means a person is not under any PSRB supervision. Oregon Revised Statutes 161.346(a) and 161.351(1) require the PSRB to discharge a person from its jurisdiction if it finds, by a preponderance of the evidence at a full and fair hearing, that a patient no longer has a mental illness--even if the person is at high risk to reoffend. In addition, ORS 161.341(a) requires the Oregon State Hospital to request an early discharge hearing if the hospital believes a patient does not have a mental illness. Note that pursuant to ORS 161.295(2) and Oregon appellate court case law, personality disorder, sexual conduct disorders, and voluntary substance-related intoxication are not mental illnesses.
 
As noted above, the PSRB notifies the GEI county's district attorney and any victims who request notification of all PSRB hearings. The district attorney or the assistant attorney general representing the State has the right to request its own independent psychiatric examination and to present the results to the Board if they so choose. See ORS 161.341(2).
 
Current statutory structure does not allow PSRB to keep jurisdiction of persons without a mental illness--even if they are at risk to reoffend. We also cannot transfer jurisdiction to Department of Corrections (DOC) or Community Corrections because there is no current statutory authority to do so.
 
Since 2011, the Legislature has made improvements to the judicial system by creating a certified evaluator requirement for all GEI cases. The legislature implemented this requirement to improve the quality of forensic evaluations and to minimize the risk that a defendant will be found guilty except for insanity inappropriately and placed under the PSRB. Also, hospital and PSRB staff regularly travel to every county and region in Oregon educating attorneys, judges, and law enforcement about GEI laws.
 
For more information, please contact the PSRB (503) 229-5596.​
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