NCJ Number
91297
Journal
Willamette Law Review Volume: 18 Issue: 1 Dated: (Winter 1982) Pages: 23-48
Date Published
1982
Length
26 pages
Annotation
The use of the Psychiatric Review Security Board in Oregon may serve as a model for retaining an insanity defense while more effectively protecting the public.
Abstract
Established in 1977, the Board began its work in 1978 and replaced the system whereby individual judges maintained jurisdiction over persons found not guilty by reason of insanity. The Board consists of a lawyer, a psychiatrist, a psychologist, a person familiar with parole and probation, and a lay citizen. Designed to be independent of both the State Mental Health Division and the judiciary, the Board assumes responsibility for all persons under court supervision who are found not guilty by reason of insanity. It can require local mental health facilities to provide services to persons under the Board's jurisdiction. The enabling legislation included a sunset provision, which resulted in an extensive evaluation of the system in 1981. The legislature addresses several problems with the new system; however, the legislative changes it made were mostly minor or cosmetic. Even the few amendments which constituted changes of philosophy will probably have relatively little practical impact. The legislation did not touch such major issues as the meanings of 'mental disease or defect' and 'substantial danger.' The legislature's continuation of the review board system will permit several more years of experience and evaluation. A total of 113 reference notes are included.