Erskine v. Psychiatric Security Review Board
Case #: A149637
Ortega, P.J. for the Court; Sercombe, J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A149637.pdf
Post-Conviction Relief: Under ORS 161.341, an application for conditional release must be accompanied by a verified conditional release plan.
Erskine sought review of the Psychiatric Security Review Board (the Board) decision to release him conditionally to the custody of the Oregon Department of Corrections (DOC). In 2010 petitioner was committed to the Oregon State Hospital (OSH) after being found guilty except for insanity of first-degree burglary. In 2011, after reviewing an application by OSH, the Board found that Erskine could be conditionally released to the custody of DOC pursuant to ORS 161.341(1). Erskine contended that the Board erred in releasing him because the hospital failed to provide a conditional release plan as required under ORS 161.341. The Board conceded that, because there was no release plan, Erskine was not given the opportunity to challenge it and, therefore, the Board should not have granted conditional release. The Court of Appeals agreed with the Board’s concession. Reversed and remanded.