Conditional Release of Youth and JPSRB Jurisdiction

The following are suggested findings and orders to be made by the court for juvenile PSRB cases and accompanying citations. Please also refer to the sample adult PSRB order, S.B. 328 (effective 1/1/08), and ORS 419.411 (effective 7/1/07).

1.The court hereby finds:

a.That the youth committed the act(s) alleged in the petition constituting the crime(s) of . ORS 419C.529(5)(d).

b.That the youth relied on the following qualifying mental illness as the basis of his responsible except for insanity defense: . ORS 419C.411(2)(a); ORS 419C.529(5)(e).

  1. That as a result of qualifying mental disorder at the time the youth committed the act alleged in the petition, the youth lacked substantial capacity either to appreciate the nature and quality of the act or to conform the youth’s conduct to the requirements of law. ORS 419C.411(2)(b)
  1. That the youth would have been responsible for a felony, or a misdemeanor during a criminal episode in the course of which the youth caused injury or risk of physical injury to another. ORS 161.327(1)
  1. That at the time of disposition, the youth has a serious mental condition, or has a qualifying mental disorder other than a serious mental condition and presents a substantial danger to others, requiring conditional release or commitment to a hospital or facility designated by the Department of Human Services (DHS). ORS 419C.411(6); ORS 419C.529(1)
  1. That the youth can be adequately controlled with supervision and treatment services if conditional released and that necessary supervision and treatment services are available. ORS 419C.529(2)(b)
  1. That the conditions of release ordered by the court are in the best interests of justice and the youth. ORS 419C.529(2)(b)
  1. That the court has notified the supervising treatment provider or agency pursuant to ORS 419C.529(2)(b) and has given the staff of that agency an opportunity to be heard before the court.
  1. That the youth’s parent(s) or legal guardian(s) are able and willing to assist the youth in obtaining necessary mental health or developmental disabilities services and are wiling to acquiesce in the decisions of the juvenile panel of the Psychiatric Security Review Board (JPSRB). ORS 419C.529(5)(a). [Parent or guardian should be ordered to sign an irrevocable consent form pursuant to ORS 419C.529(5)(a)(A).]

OR

That the youth’s parent(s) or legal guardian(s) are not able and willing to assist the youth in obtaining necessary mental health or developmental disabilities services and are not willing to acquiesce in the decisions of the JPSRB. ORS 419C.529(5)(a). [The youth should be placed in the legal custody of DHS pursuant to 419C.529(5)(a)(B).]

j.That the victim(s) of the youth’s act(s), , do/do not wish to be notified of any JPSRB hearings, conditional release, discharge, or escape of the youth. ORS 419C.529(5)(b).

k.The following persons wish to be notified of any JPSRB hearings concerning the youth. ORS 419C.529(5)(c).

2.This court hereby orders:

a.That the youth is responsible except for insanity for the acts alleged in the petition. ORS 419C.411(2), (6).

b.The youth shall be placed under the jurisdiction of the Psychiatric Security Review Board for care, custody and treatment for a maximum period of time not to exceed year(s). ORS 419C.529(1), ORS 161.327. [i.e. the period of time is the maximum length of jurisdiction for the act committed by the youth that would have been a crime had it been committed by an adult.].

c.The parent(s) or legal guardian(s) are ordered to sign an irrevocable consent form in which the parent agrees to any placement decision made by the JPSRB. ORS 419C.529(5)(a)(A). [If parents are found willing and able under ORS 419C529(5)(a)].

OR

The youth shall be placed in the legal custody of DHS for the purpose of obtaining necessary mental health or developmental disabilities services. ORS 419C.529(5)(a)(B). [If parents are not found willing and able under ORS 419C.529(5)(a)].

  1. [Name of entity], a qualified mental health or developmental disabilities treatment provider or agency, shall assume supervision over the youth for the duration of his/her conditional release subject to the direction of the JPSRB. [Name of entity] shall report in writing no less than once per month to the JPSRB concerning the supervised youth’s compliance with the conditions of release. ORS 419C.529(2)(b).
  1. The youth is ordered conditionally released pending a hearing before the JPSRB. ORS 419C.529(2)(b).
  1. The court orders the following conditions of release: . ORS 419C.529(2)(b). [See conditions in sample adult order with the possibility of adding the following conditions.]

i.Shall participate in any mental health services or developmental disabilities services recommended by the designated treatment provider or agency.

  1. Shall participate in alcohol and drug screening, and successfully complete any alcohol and drug treatment recommended by the designated treatment provider or agency.
  1. Shall refrain from knowingly associating with persons who use or possess controlled substances.
  1. Shall attend school regularly and obey all school rules and/or complete the youth’s GED.
  1. Shall consent to the search of the youth’s person, vehicle or premises upon a request from school officials, designated treatment provider or agency, or law enforcement officials.
  1. Etc. – any other conditions appropriate to this particular youth.