OAR 859-200-0030. Jurisdictional Criteria

(1) The Board has jurisdiction over persons committed by a circuit court as extremely dangerous persons with a qualifying mental disorder that is resistant to treatment and who continue to meet the jurisdictional criteria set forth under ORS 426.701. (2) To remain under the Board’s jurisdiction or be certified to a circuit court for another period of commitment, a person must meet all of the following criteria: (a) The person is at least 18 years old. (b) The person suffers from a qualifying mental disorder. (c) The person continues to exhibit symptoms or behaviors of the qualifying mental disorder that are substantially similar to those that preceded the qualifying prior act for which they were committed. For the purposes of this rule, “substantially similar” refers to manifestations of the qualifying mental disorder that reflect a continuing risk to others of the same general nature as that associated with the qualifying act. The symptoms or behaviors need not be identical in form, intensity or presentation. (d) The person’s qualifying mental disorder is resistant to treatment. A qualifying mental disorder is considered resistant to treatment when the following conditions are met: (A) The person has received reasonable psychiatric or therapeutic care, including adequate treatment options appropriate to the disorder, or has refused such care; and (B) Despite the care provided or treatment refusal, the person continues to exhibit significant impairment in their ability to: (i) make competent decisions; and (ii) be aware of and control extremely dangerous behavior; and (e) Because of the qualifying mental disorder that is resistant to treatment: (A) The person has committed one or more acts listed in ORS 426.701(3)(a)(C). For the purposes of this finding, the Board takes judicial notice of the committing court’s determination that the person committed a qualifying act; and (B) The person presents a serious danger to the safety of other persons by reason of an extreme risk that the person will inflict grave or potentially lethal physical injury on other persons. For purposes of this rule, “extreme risk” means that, because of the person’s qualifying mental disorder, the risk of future physical harm to others exists in a very high degree; and (C) Unless committed, the person will continue to represent an extreme risk to the safety of others in the foreseeable future. For purposes of this rule, “foreseeable future” is given its ordinary meaning as a period of time that can be reasonably foreseen based on the available evidence. It is not defined by a fixed duration, but by the period during which the person’s risk of engaging in behavior that poses an extreme risk to others can be anticipated if the person is not committed. (3) Once committed, the circuit court places the person under the Board’s jurisdiction for 24 months. At the end of the 24-month commitment period, the Board may provide the following certification to the circuit court in the county of original commitment: (a) The person continues to be extremely dangerous and suffer from a qualifying mental disorder that is resistant to treatment; and (b) The person can or cannot be adequately controlled in the community with proper care, medication, supervision, and treatment.