OAR 859-070-0022. Victim-Safety Considerations in Community Evaluations, Conditional Release Plans, and Conditional Release Modifications

(1) Any victim-related provision contained in the judgment placing the client under the PSRB’s jurisdiction is the baseline victim-safety condition for conditional release and shall be included in the PSRB conditional release order unless otherwise ordered or modified by the PSRB. (2) When preparing a community evaluation and proposed conditional release plan, or a modification of a conditional release plan, the outpatient supervisor must consider whether any additional or modified conditions are necessary to address victim-safety considerations for victims defined in OAR 859-010-0005. (3) Victim-safety considerations may include, but are not limited to: (a) No-contact provisions; (b) Geographic restrictions; (c) Travel restrictions; (d) Restrictions on communication or visitation with a victim; (e) Restrictions involving specific locations; or (f) Procedures for addressing inadvertent or unavoidable contact. (4) In determining whether to recommend a victim-safety condition, the outpatient supervisor may review information from the PSRB’s exhibit file and staff, Department of Justice victim advocate, the client’s current treatment team, or the parties to inform recommendations regarding proposed conditions. (5) Nothing in this rule requires or authorizes disclosure of privileged, confidential, or otherwise protected information, except as permitted by law. Any information shared, reviewed, or included under this rule should be limited to what is reasonably necessary to identify, explain, or support a recommended victim-safety condition. (6) The identification of a victim-safety consideration does not, by itself, determine whether a client can be conditionally released to the proposed placement. The outpatient supervisor must consider whether the victim-safety consideration can be addressed through treatment, supervision, or conditions of release. If so, the outpatient supervisor should recommend conditions necessary to address the consideration. (7) When victim-safety considerations are identified, the conditional release plan or modification request must either: (a) Recommend any special conditions related to victim safety; or (b) State that no such special conditions are recommended and briefly explain why. (8) The Board shall determine whether to approve or deny the requested or recommended victim-safety condition.