Psychiatric Security Review Board Conditional Release Fact Sheet for Law Enforcement

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1 Psychiatric Security Review Board 610 SW Alder Street, Suite 420 Portland, OR Phone: Fax: Psychiatric Security Review Board Conditional Release Fact Sheet for Law Enforcement Background: When someone commits a crime and is found by the Courts to be guilty except for insanity, he or she is placed under the jurisdiction of the Oregon Psychiatric Security Review Board (PSRB) or the Oregon Health Authority (OHA). All persons on conditional release living in the community fall under PSRB jurisdiction. Individuals found guilty except for insanity are typically placed under the jurisdiction of the PSRB or OHA for the maximum sentence length provided by statute for the crime. Depending on the offense, that is 5 years, 10 years, 20 years, or life. Historically, PSRB authority over an individual has lasted longer than Department of Corrections system authority. While under PSRB jurisdiction, an individual can be housed in the Oregon State Hospital or in a variety of residential treatment settings, ranging from Secure Residential Treatment Facilities to independent living. The PSRB determines what kind of facility is appropriate based on the level of treatment, care and supervision required. Mission of the Psychiatric Review Board Public Safety Oregon State law is explicit that PSRB must put public safety first. ORS (10) states: In determining whether a person should be committed to a state, conditionally released or discharged, the board shall have as its primary concern the protection of society. PSRB SNAPSHOT (January 2017) 586 Number of GEI persons under supervision. 211 Average number of GEI patients at Oregon State Hospital. 375 Number of GEI patients who are on conditional release living in the community SAFETY RECORD 834 Number of people on conditional release in the last 5 years. 13 Number of people in the last 5 years who committed a felony or misdemeanor while on conditional release and were subsequently convicted of that crime. 0.46% Cumulative annual recidivism rate for GEI clients since Conditional release under PSRB Proven Public Safety Record The PSRB has been successful in carrying out its mission. In the last 5 years, only 12 people out of the 766 who were living in the community on conditional release have been convicted of new felonies or misdemeanors. The cumulative recidivism rate for the last 5 years for the PSRB is 0.51 percent. By comparison, as of 2009 the recidivism rate for individuals in the DOC system was more than 20 percent after being on parole or probation for three years. Most PSRB clients begin their treatment at the Oregon State Hospital. When clients are conditionally released they are carefully monitored by the PSRB. They are subject to immediate return to the state hospital if they violate the terms of their release order.

2 FAQs Are people who have been found GEI ever sentenced to the Oregon State Hospital? No. The GEI statute calls for individuals to be placed under the jurisdiction of the PSRB or Oregon Health Authority. There is no set time a person must stay at the hospital. Some defendants are placed on conditional release straight from court. This is called court conditional release. How is the length of time at the Oregon State Hospital established? The period of time 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 and a risk assessment as to their dangerousness as well as the availability of the appropriate resources in the community. If it is determined that a person can be safely managed and treated in a community setting, the PSRB attempts to find an appropriate placement. Is the state trying to move PSRB clients out of the state hospital and into the community and what kind of impact will that have on public safety? Yes. State and federal law dictate that persons should be placed at a level of care they need. 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) and supported housing. Since more of these units have opened, there has not been any increase in the recidivism rate. Virtually all of the time, a patient will first start out on conditional release living in a licensed residential treatment facility, staffed 24/7. Is it safe to move people who have committed violent crimes into the community? State law prohibits the Board from putting anyone on Conditional Release who is determined to be presently dangerous to others. Additionally, before individuals are released, they go through a comprehensive screening process that includes four levels of approval, including the county mental health agency. Conditional Release is not a new policy. Most states in the U.S. have some type of conditional release program. The PSRB has supervised clients in the community on conditional release since its inception in Over the past 15 years, 1334 conditional releases have been granted to individuals who have transitioned into community placements throughout the state of Oregon. Some of these clients remain under supervision for decades or even life. Who is notified when someone is being considered for conditional release? By law, the district attorney from the committing county is notified along with the judge who signed the judgment order. Also, the victim(s), if they requested such notification. The Attorney General s office, the client s attorney and the client s case manager are also notified. As a professional courtesy, Board staff also sends notice to both the Sheriff and Chief of Police when a patient is first placed in their community. WHERE PSRB CLIENTS LIVE (January 2017) Oregon State Hospital 137 individuals Locked 24/7 for secure perimeter patients 24-hour supervision Off-site privileges based on public safety and level of care needed Secured Residential Treatment Facility (18% of Conditional Release Clients) Locked 24/7 Egress controlled by staff Off-site privileges based on public safety and level of care needed 6-16 individuals per facility Residential Treatment Facility/Home (39%) Unlocked 24-hour awake supervision Up to 16 individuals per facility Adult Foster Home (6%) Unlocked 24-hour staff Up to 5 individuals Some clients with state variance allow for four hours home alone Semi-Independent/Supported Housing (13%) Varies from individual apartments to shared housing Staff part time at the site Intensive Case Management (4%) Independent living situation Staff contacts at least 2X per day with at least one at residence Case management team approach Independent Living (self, with family) (19%) In regular apartment or houses Frequent home visits by case manager Other (Department of Corrections) (1%) 2 Page PSRB Fact Sheet for Law Enforcement

3 How do I find out the addresses of all PSRB persons in my county/city so I can have the dispatch flag these addresses? PSRB staff can provide you this information at your request. Several law enforcement agencies request updates every quarter. Please call Shelley Banfe, PSRB Research Analyst at (503) to request this information for your area of responsibility. Once on Conditional Release, do they have rules they must follow? How are the people monitored? Yes, the Board designates a specific person (typically a county mental health employee) to ensure the person is compliant with his/her condition release. Additionally, all PSRB persons have a LEDS entry with the county mental health contact and the PSRB after hours phone number. Typically, a person under PSRB jurisdiction has daily contact with some professional and is under tremendously more supervision than someone on probation. The majority of the persons live in licensed residential group homes which has 24/7 awake staff, undergo daily treatment, have random urinalysis testing and staff supervision of their medications. The Board s Conditional Release Order explicitly contains conditions that require the person to attend treatment and take medications as well as prohibits certain behaviors such as consuming drugs or alcohol, contacting victims, violating house rules, etc. What happens if a PSRB person violates his/her conditional release or becomes symptomatic and dangerous? Oregon law allows for the Board to revoke a PSRB person and order their return to the state hospital. Depending on the violation or severity of dangerousness, other interventions may be utilized instead of revocation (e.g. local hospitalization, increasing medication, suspending pass privileges). Sometimes these incidents occur during non-business hours and there is police contact before the Board can take action. The Board would expect law enforcement to respond to a complaint about a PSRB person the same way they would for any member of the public. Sometimes residential and county mental health staff may need law enforcement assistance in deescalating an argument or assist a resident to return home voluntarily after leaving without permission. Note that leaving the residence without permission does not constitute a crime (e.g. Escape II), however, it is a violation of a conditional release and grounds for revocation. During business hours, PSRB staff initiates and completes the revocation paperwork if revocation is deemed appropriate. After-Hours Revocation What if I respond to an issue during non-business hours? If a business hour revocation is not feasible, there is a section of Oregon law that allows community mental health directors, facility directors, peace officers and persons responsible for supervision of a person on conditional release to take that person on conditional release into custody or request that they be taken into custody. ORS (4)(b) applies to after- hours revocation. Specifically, the 3 Page PSRB Fact Sheet for Law Enforcement

4 law provides: (4)(b) The community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer or any person responsible for the supervision of a person on conditional release may take a person on conditional release into custody or request that the person be taken into custody if there is reasonable cause to believe the person is a substantial danger to others because of mental disease or defect and that the person is in need of immediate care, custody or treatment. Any person taken into custody pursuant to this subsection shall be transported as soon as practicable to a state hospital or, if the person is under 18 years of age, to a secure intensive community inpatient facility. Of course the overall mental health picture and circumstances regarding the person's status should be considered and carefully contemplated prior to initiating the after-hours revocation process. CONSULTATION WITH THE PSRB EXECUTIVE DIRECTOR and the designated PSRB case manager is requested before taking such action. Historically, commission of a new person-on-person crime, serious threatening behavior toward others, coupled with a history of violence, significant medication change accompanied by concerning behavior such as increased mental health symptoms or repeated medication refusal or absconding from supervision have all been bases to revoke a client from conditional release. If public or client safety is not at risk to do so, best practices would be to develop a short-term safety plan (Director s Custody and transport to locked psychiatric unit or jail) and process the revocation during the next business day so PSRB staff can facilitate the process. My office just received a LEDS teletype requesting law enforcement transport a PSRB person to Oregon State Hospital immediately. I don t have the manpower to do this today. What are our options? Some counties have secure transport available as an alternative to using law enforcement resources. However, if that is not available, law enforcement is mandated by Oregon law to transport pursuant to ORS (4)(a). Note that the transport can be completed as soon as practicable so that may mean a person could be taken into custody immediately then housed at the jail until transport can be arranged. Keep in mind that generally speaking, the PSRB revokes individuals who are having a psychiatric crisis and in need of immediately psychiatric services. Immediate transport to OSH is best practices to mitigate risk to the person, law enforcement and other inmates. Who pays for the transport costs? The law enforcement agency doing the transport unless another arrangement can be worked out within the county through county mental health. The PSRB does not have funds available for transportation reimbursement. Who Should I call before I transport a revoked client to Oregon State Hospital. OSH Admissions Manager phone number is (503) or (503) 4 Page PSRB Fact Sheet for Law Enforcement

5 Is the PSRB available for CIT Training and/or other training of law enforcement? What is a good contact number for PSRB? Yes. For more information or to request training for your staff, contact Juliet Britton, Executive Director of the PSRB at (503) or after hours at (503) Page PSRB Fact Sheet for Law Enforcement