Senate Judiciary advances six bills to the floor; members debate liability for Psychiatric Security Review Board

The Senate Committee on Judiciary on April 22 moved six House bills to the Senate floor with due pass recommendations, and members spent notable time debating whether to grant expanded immunity to the Psychiatric Security Review Board.

The bills advanced include measures on remote testimony in civil cases, consolidation and procedural rules for the Psychiatric Security Review Board (PSRB), limited liability protections for the PSRB, exemptions for PSRB health records from public disclosure, disclosure of health records to the PSRB and the Department of Corrections, and a study of pretrial release practices.

The committee recorded votes on each bill and sent them to the Senate floor with a due pass recommendation. Several senators asked questions during the work sessions; the most extensive discussion focused on House Bill 2807, which would immunize the PSRB and certain actions by persons under its jurisdiction from liability, subject to an exception for "willful or wanton misconduct." Disability Rights Oregon submitted a letter of opposition raising concerns the bill’s wording could leave constitutional or ADA claims unclear.

Votes at a glance

- House Bill 2461: Modifies the minimum notice requirement and court considerations for remote testimony in civil cases. Motion: moved to the floor with a due pass recommendation (mover: Senator Thatcher). Outcome: motion carried; bill sent to the floor.

- House Bill 2804A: Consolidates adult and juvenile panels of the PSRB into a single five-member panel with an alternate; requires consultation or membership with juvenile expertise when juvenile cases are heard. Motion: moved to the floor with a due pass recommendation (mover: Senator Thatcher). Outcome: motion carried; bill sent to the floor.

- House Bill 2807: Immunizes the PSRB and actions related to hearings and conditional release from liability, except for willful or wanton misconduct. Motion: moved to the floor with a due pass recommendation (mover: Senator Thatcher). Outcome: motion carried; bill sent to the floor. Committee debate: several senators asked whether the bill would effectively codify judicial immunity and whether remedies would remain for negligent or constitutionally violative decisions. Committee counsel noted the bill includes an exception for willful or wanton misconduct and that supporters intended to reflect prior court rulings about judicial immunity. Disability Rights Oregon wrote that the language is "too unclear" to support because it could be read to immunize ADA or constitutional claims.

- House Bill 2812: Exempts individually identifiable health information of individuals under PSRB jurisdiction from disclosure under public records law except in limited circumstances. Motion: moved to the floor with a due pass recommendation (mover: Senator Thatcher). Outcome: motion carried; bill sent to the floor.

- House Bill 2915: Permits written accounts containing individually identifiable health information to be disclosed to the PSRB and conditionally released to the Department of Corrections as provided by statute and the conditional release order. Motion: moved to the floor with a due pass recommendation (mover: Senator Thatcher). Outcome: motion carried; bill sent to the floor.

- House Bill 2935: Requires the Oregon Criminal Justice Commission to study pretrial release practices and outcomes in Oregon. Motion: moved to the floor with a due pass recommendation (mover: Senator Thatcher). Outcome: motion carried; bill sent to the floor.

Debate on PSRB immunity

Senator McLean raised questions about whether the immunity in House Bill 2807 would leave a remedy where a PSRB decision led to injury. Counsel responded the bill includes an exception for willful or wanton misconduct and that the measure was intended to place into statute an immunity consistent with existing court rulings. Senator Gelser Bluhn (recorded as raising questions) and others discussed whether insulating the PSRB from lawsuits was the appropriate policy and whether statutory language should more clearly preserve appellate or constitutional remedies. Senator Thatcher noted a written opposition from Disability Rights Oregon expressing concern the bill could be read to immunize violations of the Americans with Disabilities Act and other statutory or constitutional claims.

What happened next

Committee chairs asked members to carry the bills to the floor; committee votes recorded on the record show the motions carried and the bills were transmitted to the Senate for floor consideration.

Ending

All six measures were advanced to the Senate floor with due pass recommendations; House Bill 2807 drew the most extended questioning and a written objection from Disability Rights Oregon about the scope of immunity. The committee did not vote to amend the bill on the floor of the work session and directed members to carry the measures to the Senate for further consideration.