Oregon Revised Statutes Chapter 426 § 426.702 — Discharge from commitment of extremely dangerous person with qualifying mental

Discharge from commitment of extremely dangerous person with qualifying mental disorder; requirements for further commitment; protest and hearing. (1)(a) At the end of the 24-month period of commitment described in ORS 426.701, any person who remains committed under the jurisdiction of the Psychiatric Security Review Board shall be discharged, unless the board certifies to the court in the county in which the person was originally committed that the person is still extremely dangerous and suffers from a qualifying mental disorder that is resistant to treatment. The board, pursuant to its rules, may delegate to the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person the responsibility for making the certification. If the certification is made, the person will not be released. (b) The board may additionally certify that the person cannot be controlled in the community with proper care, medication, supervision and treatment on conditional release and must be committed to a state hospital. The board, pursuant to its rules, may delegate to the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person the responsibility for making the additional certification. (2) The certification shall immediately be served upon the person by the superintendent of the state hospital or the director of the state or local mental health facility providing treatment to the person. The superintendent or director shall inform the court in writing that service has been made and the date thereof. (3) The certification shall advise the person of all the following: (a) That the board, hospital or facility has requested that commitment be continued for an additional 24 months. (b) That the person may protest this further commitment within 14 days, and that, if the person does not protest, the commitment will be continued for a maximum of 24 months. (c) That the person may consult with legal counsel when deciding whether to protest the further commitment and that legal counsel will be provided for the person without cost if the person is without funds to retain legal counsel. (d) That the person may protest a further period of commitment either orally or in writing by signing the form accompanying the certification. (e) That if the person does protest a further period of commitment, the person is entitled to a hearing before the court to determine whether commitment should be continued. (f) That the person is entitled to have a psychologist or psychiatrist, other than a member of the staff at the facility where the person is being treated, examine the person and report to the court the results of the examination at the hearing. (g) That the person may subpoena witnesses and offer evidence on behalf of the person at the hearing. (h) That if the person is without funds to retain legal counsel or an examining psychologist or psychiatrist for the hearing, the court will appoint legal counsel or an examining psychologist or psychiatrist. (4) The person serving the certification shall read and deliver the certification to the person and ask whether the person protests a further period of commitment. The person may protest a further period of commitment and request a hearing either orally or by signing a simple protest form to be given to the person with the certification. If the person does not protest a further period of commitment within 14 days of service of the certification, the board, hospital or facility shall so notify the court, and the court shall, without further hearing, order the commitment of the person to the jurisdiction of the board for a maximum of 24 months. The court shall further order that the person be committed to a state hospital if a certification under subsection (1)(b) of this section has been made. (5) When the person protests a further period of commitment and requests a hearing, the board, hospital or facility shall immediately notify the court, and the court shall have the person brought before it and shall again advise the person that the board, hospital or facility has requested that commitment be continued for an additional period of time and that if the person does not protest this commitment the commitment will be continued for a maximum of 24 months. The person shall also be informed of the rights set forth in subsection (3) of this section. (6) If the person requests a hearing under subsections (4) and (5) of this section, the following provisions apply as described: (a) The hearing shall be conducted as promptly as possible, but no more than 60 days from the date of the protest and request for a hearing, and at a time and place as the court may direct. Venue for the hearing is proper in the county in which the person was originally committed. (b) While the hearing is pending, the person r