Oregon's new insanity defense system: a review of the first five years, 1978 to 1982.

On January I, 1978 Oregon instituted an insanity defense system that is unique in the country. The central feature of that system is the Psychiatric Security Review Board (PSRB). The system was experimental; the statute provided that the PSRB was to cease operation in 3 I h years unless the 1981 legislature renewed its existence. Before and during the 1981 session the Oregon legislature conducted extensive reviews of the new system. Virtually all witnesses testified that the PSRB mechanism was a significant improvement over the old insanity defense system. Previously, as is still true in most states, Oregon had no independent board to supervise persons found not responsible and no community programs specifically designed for the provision of treatment and monitoring for such persons. The 1981 legislature made some refinements in the new system and extended indefinitely the life of the PSRB. I The 1983 legislature again examined Oregon's insanity system. The Hinckley verdict had created enormous political pressure throughout the country to change the insanity defense. In effect, Oregon had beaten the rush by overhauling its system five years earlier. The 1983 legislature also concluded that the system was continuing to work well. They were content to make several relatively minor modifications to strengthen PSRB operations. Those changes will be reported elsewhere. In most jurisdictions thoughtful debate about the insanity defense is hampered by lack of data and empirical studies. Oregon now has available extensive data about the insanity defense, primarily because the Oregon Psychiatric Security Review Board maintains detailed information about each person under its jurisdiction. With the cooperation of the PSRB we have conducted a series of analyses of that data and have published our findings and observations in a series of reports. However, in addition to those more detailed studies, we believe a summary of the first five years of PSRB operation would be useful. This article is a compilation of basic facts about Oregon's insanity defense system from January 1, 1978 through December 31, 1982. We have drawn some salient findings from our earlier publications. Some other data have been updated. Much of the information presented here has not been reported previously. We organized the information around questions frequently asked by legislators, other policy makers, and the public. We also have pointed out where studies to date are insufficient to answer certain of those questions. Some of the answers