Oregon Administrative Rules
Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION
Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE
Section 255-033-0040 - Hearing Protocols
Universal Citation: OR Admin Rules 255-033-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Manner of Hearing
(a) The proceedings shall be governed by
the hearings procedures outlined in Oregon Administrative Rule 255, Division 30;
255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025, 255-030-0026, 255-030-0027,
255-030-0032, 255-030-0040, and 255-030-0046.
(b) Nothing in this OAR is to be construed as
limiting a right a victim would have at this hearing under the United States and
Oregon Constitutions, any Oregon statute, including ORS
144.750,
or any Oregon administrative rule.
(c)
The Board shall provide notice of the hearing to:
(A) The district attorney of the county in which
the person was convicted; and
(B) The
victim of any offense for which the person is serving a sentence if the victim
requests to be notified and furnishes the board with a current address.
(d) At the hearing, the AIC has:
(A) the burden of proving by a preponderance of
the evidence that the person has demonstrated maturity and rehabilitation based on
consideration of the age and immaturity of the person at the time of the offense,
and the person's behavior thereafter; and
(B) the right to counsel, including counsel
appointed at board expense, at a hearing.
(e) The testimony of each witness shall not exceed
10 minutes. The presiding Board member may grant the witness additional time upon a
finding that further testimony is likely to be relevant to the Board's
decision.
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
