Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS
Section 291-202-0120 - Sexually Violent Dangerous Offender Evidentiary Hearing

Universal Citation: OR Admin Rules 291-202-0120

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The purposes of the evidentiary hearing are to:

(a) Determine whether the AIC or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1)(a) and (b) and;

(b) Determine if there is a substantial probability of the AIC or offender committing one of the offenses listed in OAR 291-202-0100(1)(a).

(2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the AIC or offender should be designated as a sexually violent dangerous offender. A finding that an AIC or offender is a sexually violent dangerous offender may be made by two Board of Parole and Post-Prison Supervision members, except in the case of an AIC or offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054.

(3) When an AIC or offender eligible for designation as a sexually violent dangerous offender has waived the right to an evidentiary hearing, the Board of Parole and Post-Prison Supervision will make the determination whether to designate the AIC or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations.

(4) A finding that an AIC or offender is a sexually violent dangerous offender will be contained in the AIC's or offender's original order of supervision or an amended order of supervision.

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

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.
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