OAR 859-070-0027. State Requests for Victim-Safety Modifications of Conditional Release

(1) This rule applies when the State requests the PSRB add or modify a condition of release to address victim-safety considerations for victims defined in OAR 859-010-0005. (2) A request under this rule must identify a proposed condition, the reason the condition is requested, and the victim-safety consideration the condition is intended to address. The request must include enough information for the outpatient supervisor to understand what would be required to implement and supervise the proposed condition. (3) The State must submit the request to the PSRB by email and copy the client’s attorney of record, and the Board. (4) Upon receipt of the request, the PSRB shall provide the request to the outpatient supervisor without unreasonable delay. The outpatient supervisor may consult the client and their attorney of record as well as the Department of Justice victim advocate as appropriate in reviewing the request. (5) Within fourteen (14) days after receiving the request from PSRB, the outpatient supervisor shall submit a written position to the Board addressing whether the proposed condition can be implemented and supervised. The outpatient supervisor may recommend different or additional language as necessary to make the condition capable of implementation and supervision. (6) Upon receipt of the outpatient supervisor’s position, PSRB shall provide the position by email to the State and the client’s attorney of record without unreasonable delay. (7) The State and the client, through the client’s attorney of record, may each submit a written response to the outpatient supervisor’s position within fourteen (14) days after PSRB provides the position. Each response must state whether the parties agree with the proposed condition or object to the proposed condition, or it may propose modified language. (8) If the State, the client, through the client’s attorney of record, and the outpatient supervisor agree to the proposed condition, or to different agreed-upon language, the Executive Director may approve the agreed modification under delegated authority and authorize preparation of a modified conditional release order. (9) If agreement is not reached and the State wants to proceed with its request, the Executive Director shall refer the request to the Board for administrative review. If the State does not want to proceed, the request will be closed without further action.