Psychiatric security review board; members; terms; compensation; board member training

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31-501. Psychiatric security review board; members; terms; compensation; board member training

(Rpld. 7/1/23)

A. The psychiatric security review board is established consisting of the following members who are appointed by the governor pursuant to this section and section 38-211 except no member may be employed by a county attorney, the attorney general or a public defense agency:

1. One psychiatrist who is licensed pursuant to title 32, chapter 13 or 17, who is experienced in the criminal justice system and who is not otherwise contracted to or employed by this state.

2. One psychologist who is licensed pursuant to title 32, chapter 19.1, who is experienced in the criminal justice system and who is not otherwise contracted to or employed by this state.

3. One person who is experienced in parole, community supervision or probation procedures and who does not qualify for membership on the board under paragraph 1 or 2 of this subsection.

4. One person who is from the general public, who is a former judge and who does not qualify for membership on the board under paragraph 1, 2 or 3 of this subsection.

5. One person who is either a psychologist licensed pursuant to title 32, chapter 19.1 or a psychiatrist licensed pursuant to title 32, chapter 13 or 17, who is experienced in the criminal justice system and who is not otherwise contracted to or employed by this state.

B. Board members shall serve staggered terms of four years. The governor may remove any member for cause. The governor shall appoint a member for the unexpired portion of a term to fill a vacancy resulting other than from expiration of term. A member may be reappointed.

C. The former judge member shall serve as chairperson. The board shall select one of its members to serve as vice chairperson for a one-year term.

D. The board shall meet at least once each month, unless the chairperson determines that there is sufficient business before the board to warrant additional meetings. The board shall also meet at the call of the chairperson or a majority of the board members.

E. Members of the board are eligible to receive compensation pursuant to section 38-611 and for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. The board may conduct a board meeting or a hearing with a person who is committed to a secure mental health facility in person or by using a video teleconference system.

G. Beginning January 1, 2022, each board member must complete twelve hours of training within one year after the member's initial appointment to the board. Any member of the board who was appointed before January 1, 2022 shall complete the training required by this subsection on or before January 1, 2023. The training must include the subjects of governance and administrative management, conduct of quasi-judicial proceedings and administrative procedure and rule adoption. The office of the attorney general, the department of administration or an outside educational institution may provide the training. Any board action taken is not subject to challenge or invalidation because a board member has not completed the training required by this subsection.


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