Haidar v. Psychiatric Security Review Board

In determining whether there was sufficient evidence to support the denial of the request for discharge from PSRB's jurisdiction, the Court considered the evidentiary records to determine if they would make a reasonable person come to those findings. Rinne v. PSRB, Rinne v. PSRB, 443 P3d 731 (2019).

Petitioner sought review of an order from the Psychiatric Security Review Board (PSRB) that denied her request for discharge from their jurisdiction and continued her conditional release to an enhanced residential care facility. On appeal, Petitioner argued that, although she suffered from paranoid schizophrenia and dementia, she had significant physical and mental decline; therefore, there was insufficient evidence to support PSRB's determination that she posed a substantial danger to others. The State contended that allowing Petitioner to leave PSRB jurisdiction could result in her discontinuing her medication and pose a risk to others. In determining whether there was sufficient evidence to support the denial of the request for discharge from PSRB's jurisdiction, the Court considered the evidentiary records to determine if they would make a reasonable person come to those findings. Rinne v. PSRB, 443 P3d 731 (2019). The Court reasoned that PSRB's order was not supported by substantial evidence because it did not address the Petitioner's recent physical and mental condition, which had significantly changed over the years. Reversed and remanded.