Current through Register Vol. 63, No. 9, September 1, 2024
(1) Notice of Hearing:
(a) The inmate shall be given written notice
of the hearing by the hearings officer not less than 24 hours prior to the
hearing.
(b) The notice shall
include a statement of the inmate's rights with respect to the
hearing.
(2) The hearing
shall be conducted by a hearings officer or other person trained in the
hearings process, in the event the hearings officer is unavailable.
(3) The hearings officer shall not have
participated in any previous way in the assessment process.
(4) The hearings officer may pose questions
during the hearing.
(5)
Representation:
(a) In all cases, the inmate
is entitled to:
(A) Speak in his/her own
behalf;
(B) Be present at all
stages of the hearing process, except when the hearings officer finds that to
have the inmate present would present an immediate threat to facility security
or safety of its staff or others. The reason(s) for the finding shall be a part
of record.
(b)
Assistance by a staff member, inmate, or other person approved by the hearings
officer will be ordered for those individuals in cases where it is found that
assistance is necessary based upon language barriers or competence and capacity
of the inmate.
(6)
Investigation: The inmate has a right to request that an investigation be
conducted. If an investigation is ordered, a designee of the hearings officer
shall conduct the investigation. No person shall serve as an investigator who
has participated in any previous way in the process.
(a) An investigation shall be conducted upon
the inmate's request if an investigation will assist in the resolution of the
proceedings and the information sought is within the ability of the facility to
procure or the inmate to provide with his/her own resources.
(b) The hearings officer may order an
investigation on his/her own motion.
(c) The hearings officer shall allow the
inmate access to the results of the investigation unless disclosure of the
investigative results would constitute a threat to the safety and security of
the facility, its staff or others.
(7) Witnesses: Inmates have the right to call
witnesses to testify before the hearings officer. Witnesses may include
inmates, staff, or other persons.
(a) If
witnesses will be called, the inmate, prior to the hearing, must develop a list
of witnesses and questions to be posed to each witness. The inmate shall bring
the list of questions and the list of witnesses to the hearing.
(b) The inmate or his/her representative
shall not have the right to cross examine or directly pose questions to any
witness.
(c) The hearings officer
may exclude a specific inmate or staff witness upon finding that the witness'
testimony would not assist in the resolution of the proceeding or presents an
immediate undue hazard to facility security or the safety of its staff or
others. If a witness is excluded, the reason(s) shall be made a part of the
record.
(d) The hearings officer
may exclude other persons as witnesses upon finding that their testifying is
unduly hazardous to facility security or the safety of its staff or others; not
reasonably available; or would not assist in the resolution of the action. The
reason(s) for exclusion shall be made a part of the record.
(e) An inmate witness shall have the right to
refuse to testify.
(f) Persons
other than inmates or staff requested as witnesses shall have the right to
refuse to appear or testify.
(g)
The hearings officer may, on his/her own motion, call witnesses to
testify.
(h) All questions which
will assist in the resolution of the proceedings, as determined by the hearings
officer, shall be posed. The reason(s) for not posing a question will be made a
part of the record.
(8)
Documentation/Reports:
(a) Inmates shall have
the right to present documents/reports during the hearing.
(b) The reporting staff member, or other
agents of the facility who are knowledgeable, may submit documents/reports in
advance of the hearing.
(c) The
hearings officer may exclude documents/reports, making a finding that such
would be unduly hazardous to facility security or the safety of its staff or
others, or would not assist in the resolution of the proceeding. The reason(s)
for exclusion shall be made a part of the record.
(d) The hearings officer may classify
documents/reports as confidential upon making a finding that revealing such
would constitute a threat to the safety and security of the facility or violate
statutory provisions regarding confidentiality. The reason(s) for classifying
documents/reports as confidential shall be made a part of the record.
(9) Postponement:
(a) A hearing may be postponed by the
hearings officer for "good cause" and for a reasonable period of time, not to
exceed three working days.
(b)
"Good cause" includes, but is not limited to:
(A) Illness or unavailability of the
inmate;
(B) Gathering of additional
evidence; or
(C) Gathering of
additional documentation.
(c) The reason(s) for the postponement shall
be made a part of the record.
(10) At the conclusion of the hearing, the
hearings officer will deliberate and determine whether the information supports
placement of the inmate in mental health special housing, taking into account
any contrary information submitted by the inmate. The hearings officer may
postpone the rendering of a decision for a reasonable period of time, not to
exceed three working days, for the purpose of reviewing the information.
(a) No Justification: The hearings officer
may find that the information does not support placement in mental health
special housing, in which case the hearings officer will recommend that the
inmate return to his/her former status with all rights and privileges of that
status.
(b) Justification: The
hearings officer may find the report does support placement in mental health
special housing, in which case the hearings officer will so inform the inmate
and recommend the inmate be assigned to mental health special housing for a
specified period of time as recommended by the treating practitioner and mental
health treatment team, not to exceed 180 days.
(11) Hearing Record:
(a) Upon completion of a hearing, the
hearings officer shall prepare a hearing record within five days following the
conclusion of the hearing.
(b) The
record of the formal hearing shall include:
(A) Examination reports;
(B) Notice of hearing and rights;
(C) Recording of hearing;
(D) Supporting material(s); and
(E) "Findings of Fact, Conclusion, and
Recommendation" of the hearings officer.
(c) The hearings officer will retain the
recording and forward to the Behavior Health Services Administrator items (A),
(B), (D), and (E) of this section.
Stat. Auth.: ORS
179.040,
423.020,
423.030 &
423.075
Stats. Implemented: ORS
179.040,
423.020,
423.030 &
423.075
