1. (1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

   1. (a) Attorney representing the petitioner, if any;
   2. (b) District attorney in which the petitioner resides and the district attorney in the county where petitioner’s mental health determination was adjudicated;
   3. (c) The victim, identified after a reasonable effort is made, associated with the criminal offense that led to the mental health determination, if the court or Panel finds that the victim requests notification;
   4. (d) Department of Human Services/Oregon Health Authority;
   5. (e) The sheriff of the county in which petitioner resides and in the county where petitioner’s mental health determination was adjudicated;
   6. (f) The chief of police where petitioner resides and where petitioner’s mental health determination was adjudicated, if applicable; and
   7. (g) Any other person requesting notification.
2. (2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.
3. (3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who timely submits a notice of withdraw may re-submit the petition any time after withdrawal.
4. (4) The Board shall issue a final order by default denying the petition if a petitioner fails to timely serve the Board with a notice of withdraw, or if the petitioner fails to appear at a relief hearing.

Statutory/Other Authority

ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853)

Statutes/Other Implemented

ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853))

History

PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11
PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11