Einstein v. Psychiatric Security Review Board

Petitioner seeks judicial review of an order of the Psychiatric Security Review Board (PSRB). ORS 183.482(8). He has requested to be discharged from conditional release on the ground that he is no longer affected by mental disease or defect. ORS 161.336(7)(a). The PSRB denied petitioner’s request and continued his conditional release status. We reverse and remand.

On May 17,1996, petitioner was found guilty except for insanity of arson in the first degree. The underlying crime occurred in September 1995, when petitioner, who was fearful that others were in his residence and intended to hurt…