OAR 859-200-0005. Background and Purpose of Extremely Dangerous Civil Commitment Program

(1) The Extremely Dangerous Person with Qualifying Mental Disorder statute, enacted by Senate Bill 421 in 2013, establishes a distinct civil commitment process under ORS 426.701 and ORS 426.702 for individuals whose qualifying mental disorders and past acts place others at extreme risk of grave or potentially lethal physical injury. The statute authorizes a district attorney or judge to initiate a commitment proceeding in circuit court when an individual with a qualifying mental disorder is alleged to have committed a qualifying act and the court determines, based on clear and convincing evidence, that the person committed such an act and is extremely dangerous and resistant to treatment. Once committed, the person is placed under the jurisdiction of the Psychiatric Security Review Board (Board) for an initial period of up to 24 months, with additional periods of commitment possible upon the Board’s certification or a hearing by the committing circuit court. (2) The program is designed to provide individuals with structured supervision, treatment, and oversight by the Board, including the conduct of hearings to determine continued jurisdiction and placement. It establishes a process for conditional release when a person can be safely managed in the community and allows the Board to order a return to a state hospital if necessary. Discharge from the Board’s jurisdiction occurs only when the person no longer meets the statutory criteria. Under those circumstances, a district attorney may also seek further competency evaluation to pursue reindictment of the charges associated with the qualifying act.