Ashcroft v. Psychiatric Security Review Board

Petitioner seeks review of an order of the Psychiatric Security Review Board (PSRB) denying his request for discharge or conditional release. Petitioner asserts that: (1) the record is insufficient to support PSRB’s finding that he suffers from alcohol dependence; and (2) such a diagnosis is not a mental disease or defect within the meaning of ORS 161.295(2). We conclude that the record contains substantial evidence that petitioner suffers from alcohol dependence. See ORS 183.482(8)(c). But we adhere to our recent holding in Beiswenger v. PSRB, 192 Or App 38, 84 P3d 180 (2004), that alcohol…