McCoin v. PSRB

Under ORS 161.341, a person may be discharged from the board’s jurisdiction even if the person has a mental disease or defect, if that person “no longer presents a substantial danger to others.”

Petitioner appealed an order from the Psychiatric Security Review Board (PSRB). Petitioner assigned error to their rejection of her discharge request and continued commitment to the Oregon Health Authority based on an order from 2004 which allowed the board jurisdiction for up to 20 years. Petitioner argued that the evidence from the trial did not support that she had a mental health condition, and the board erred in deciding that she may not be discharged because she was still a danger to herself and others. In response, the State argued that there was substantial evidence proving that the petitioner had a mental illness, Under ORS 161.341, a person may be discharged from the board’s jurisdiction even if the person has a mental disease or defect, if that person “no longer presents a substantial danger to others.” O However, if a person’s qualifying mental illness may reasonably “become active” and in turn “render the person a danger to others then they may not be discharged.” ORS 161.351(2). The Court found that there is substantial evidence in the board’s findings that the petitioner suffers from a mental illness and that she continues to present a danger to herself and others. Affirmed.