Current through Vol. 41, No. 13, March 15, 2024
(a) If the Parole
Board has rejected a staff recommendation for parole, a 3-member panel of the
Parole Board shall preside over the parole hearing, as the Hearing
Examiner.
(b) If parole has not
been recommended by the JSU and/or institutional staff, a Hearing Officer shall
preside over the parole hearing, as the Hearing Examiner.
(c)
Notice. The juvenile,
parent, guardian, or legal custodian and Advocate Defender shall have at least
14 calendar days notice of the hearing.
(d)
Conduct of Parole Hearings.
The parole hearing shall be conducted in an orderly manner and with a concern
for privacy with ample opportunity for the juvenile to express his/her views.
The Hearing Examiner shall explain the purpose of the parole hearing and the
issues to be addressed to the juvenile.
(1)
OJA staff shall provide written documentation and other information, which
supports their recommendation at least seven (7) days (excluding weekends and
holidays) prior to a Parole Hearing. The information shall include, but is not
limited to:
(A) the number and severity of
committing offense(s) and any previous offense(s);
(B) the institutional adjustment of the
juvenile including any serious negative behavior; i.e., major rule
violations;
(C) the existence of a
workable parole placement and an adequate program in the community;
(D) the juvenile's adjustment on any weekend
passes or other community release;
(E) the review of the juvenile's
progress;
(F) the existence of any
pending charges and the possibility of any recommitment on these
charges;
(G) the juvenile's
willingness to cooperate with parole supervision; and
(H) relevant conditions in the
community.
(2) The
juvenile may have access to information, which is submitted to the Hearing
Examiner unless the Examiner considers the information harmful to the
juvenile.
(3) The juvenile shall be
given an opportunity to verbalize and present documentation why he/she should
be granted parole and be allowed to question the Hearing Examiner and staff
present about any of the documents used in the hearing.
(4) The Hearing Examiner shall consider any
documentation submitted and may ask the juvenile, OJA staff, and other parties
involved in the care of the juvenile questions relevant to granting or denying
parole. If, in the opinion of the Hearing Examiner, a case requires an
examination and opinion by a Psychiatrist or Psychologist, Certified members of
the appropriate profession are available for such examination and opinions. The
Hearing Examiner may access the juvenile's master file as a reference source
during the hearing.
(5) When the
Hearing Examiner has considered all written and oral evidence, the Hearing
Examiner shall prepare a written statement of the specific factors and reasons,
which support the granting or denying of parole. The Hearing Examiner shall
address the parole release criteria as well as any specific concerns.
(6) A Hearing Officer or Panel may defer its
decision on any case for just cause for a period not to exceed 30 days
(excluding weekends and holidays). In these cases, the juvenile shall receive
written notice of the reasons for the deferral with the date and time when the
Parole Hearing shall resume. The hearing shall resume prior to the expiration
of 30 days (excluding weekends and holidays).
(7)
Presiding official is Hearing
Officer.(A) At the close of the
hearing, if a Hearing Officer has presided over the Parole Hearing as provided
in Rule 377:5-5-2(b), he/she shall advise the juvenile of his or her
recommendation to be submitted to the Parole Board and the reasons supporting
the recommendation.
(B) The Hearing
Officer shall issue a written recommendation to grant or deny parole to the
Parole Board within three (3) days (excluding weekends and holidays).
(C) The Parole Board shall review all records
and make a decision to grant or deny parole within ten (10) days (excluding
weekends and holidays) of receiving the recommendation.
(D) The decision and the reasons for the
decision of the Parole Board shall be made available in writing to the
appropriate staff and to the juvenile within 14 calendar days (excluding
weekends and holidays) of the Hearing.
(8)
Presiding official is a
Panel.(A) At the close of the hearing,
if a Panel has presided over the Parole Hearing as provided in Rule
377:5-5-2(a), the panel shall advise the juvenile of the outcome of its
decision to grant or deny parole and the reasons therefor.
(B) The Panel shall prepare a written
decision granting or denying parole within ten (10) days (excluding weekends
and holidays) of the hearing.
(C)
The Panel's decision shall be made available in writing to the appropriate
staff and to the juvenile within three (3) calendar days (excluding weekends
and holidays) of the issuance of the decision.
(9)
The parole hearing shall be
recorded. A summary of the proceedings and the Hearing Examiner's
recommendation or decision shall be kept in the juvenile's case
record.
(10) The Parole Board or
the Panel shall inform a juvenile of his or her rights to appeal decisions
granting or denying parole.
(e)
Persons present. Persons
attending the hearing are limited to those persons necessary for the orderly
and fair conduct of the hearing.
(1) A
representative of the Office of Advocate General or designee shall be present
at all parole hearings.
(2) The
parent, guardian or legal custodian shall be provided prior notice of all
Parole hearings.
(3) The JSU and
Institutional workers shall be present when requested by the Hearing
Examiner.
(4) The Hearing Examiner
shall decide whether additional persons may be present at the parole
hearing.
(f)
Appeals of parole decisions. A juvenile, his or her parent,
guardian, legal custodian, attorney or a representative of the Advocate
General's Office, or a designee may appeal a decision of the Parole Board or
that of a Panel as provided in 377:5-5-2(a) in the following manner:
(1) A written notice of appeal, stating the
reasons therefor shall be submitted to the Office of Juvenile Affairs, Office
of the Executive Director, within seven (7) days (excluding weekends and
holidays) of the receipt of the decision granting or denying parole.
(2) The Executive Director shall consider all
appeals and render a decision to sustain or deny an appeal within seven (7)
days (excluding weekends and holidays). The Executive Director shall notify the
juvenile, Advocate General's Office and any individual who filed on behalf of
the juvenile, of his/her decision to sustain or deny the appeal.
(g)
Effective date of
parole. The decision of the Parole Board or the Panel's decision, if not
appealed, is final within seven (7) days (excluding weekends and holidays) of
the hearing.
(h)
Subsequent
hearings. If parole is denied, a parole hearing must be conducted every
twelve (12) months in accordance with rules set forth in this
section.
Added at 22 Ok Reg 2071, eff 7-1-05 ; Amended at 24 Ok Reg
1398, eff 7-1-07 ; Amended at 26 Ok Reg 2246, eff 7-1-09 ; Amended at 30 Ok Reg
703, eff 6-1-13
