Current through Register Vol. 63, No. 9, September 1, 2024
(1) Upon identifying violation behavior, the
officer will prepare and present to the adult on supervision a copy of a
Department of Corrections violation and structured sanction reporting form
describing the alleged violation behavior.
(2) Notice of Rights and Decisions About
Rights:
(a) Probation Cases: Using a
Department of Corrections Notice of Rights form (CD1272), the adult on
supervision shall be notified of their rights to a violation hearing before the
court, to be represented by an attorney at the hearing, and to have an attorney
appointed for them at state expense if they cannot afford one.
(b) Parole and Post-Prison Supervision Cases:
Using a Board of Parole and Post-Prison Supervision or local supervisory
authority Notice of Rights form for those on parole and post-prison
supervision, the adult on supervision shall be notified of their rights to a
violation hearing before the Board of Parole and Post-Prison Supervision or
local supervisory authority.
(c)
Compact Cases: Using a Compact Notice of Rights form for those on compact
supervision, the adult on supervision shall be notified of their rights to a
violation hearing before an assigned hearings officer.
(d) Short-Term Transitional Leave and
Nonprison Leave Cases: Using a Department of Corrections Notice of Rights form
(CD1497), the adult on supervision shall be notified of their rights to a
violation hearing before an assigned hearings officer.
(e) All Notice of Rights forms shall include
a description of the sanction which will be imposed if the adult on supervision
chooses to waive their right to a violation hearing and right to counsel, and
in lieu of a violation hearing elects to participate in the administrative
sanctioning process.
(f) A copy of
the Notice of Rights form shall be provided to the adult on supervision at the
time of or after the adult on supervision is presented with a copy of the
Department of Corrections violation and structured sanction reporting form
describing the alleged violation behavior, and prior to the imposition of
sanctions. The Notice of Rights may be administered by any agency personnel or
other person at the direction of agency personnel.
(g) The person administering the Notice of
Rights shall ask the adult on supervision if they can read and understand the
Notice of Rights form printed in the English language. If the adult on
supervision informs the person administering the Notice of Rights that they
cannot read the form, but can understand the English language, the person shall
read the Notice of Rights form to the adult on supervision. If the adult on
supervision informs the person administering the Notice of Rights that they
cannot read or understand the English language, the person shall provide the
adult on supervision with a Notice of Rights in the adult on supervision's
language if available, or when necessary, through a language
interpreter.
(h) If, after
receiving Notice of Rights in writing or orally as necessary, the adult on
supervision indicates to the person administering the Notice of Rights that
they understand their rights as stated in the Notice of Rights form, the adult
on supervision shall sign the Notice of Rights form acknowledging that the
adult on supervision understands their rights, and indicate by checking the
appropriate box on the form whether they want a violation hearing before the
court, Board of Parole and Post-Prison Supervision, Department of Corrections,
or local supervisory authority or to accept the administrative sanction listed
on the form. If an adult on supervision refuses to sign the form acknowledging
that they have read or have been read the Notice of Rights and that they
understand the Notice of Rights, the person administering the Notice of Rights
shall so indicate on the Notice of Rights form, and the officer shall report
the violation behavior to the court, Board of Parole and Post-Prison
Supervision, Department of Corrections, or local supervisory authority for
disposition in lieu of proceeding with the administrative sanctioning
process.
(i) If, after receiving
Notice of Rights in writing or orally, the adult on supervision indicates to
the person administering the Notice of Rights that they do not understand their
rights as stated in the Notice of Rights form, the officer shall report the
violation behavior to the court, Board of Parole and Post-Prison Supervision,
Department of Corrections, or local supervisory authority for disposition in
lieu of proceeding with the administrative sanctioning process. For compact
cases, a probable cause hearing shall be scheduled with an assigned hearings
officer.
(3) If the
adult on supervision admits to the alleged violation behavior or affirmatively
chooses not to contest the information regarding the alleged violation behavior
and the adult on supervision accepts the administrative sanction to be imposed
by the sanctioning agency as listed on the Notice of Rights form, the
sanctioning agency shall impose the administrative sanction.
(4) If the adult on supervision denies or
otherwise contests the alleged violation behavior or does not accept the
administrative sanction to be imposed by the sanctioning agency as listed on
the Notice of Rights form, the officer shall report the violation behavior to
the court, Board of Parole and Post-Prison Supervision, Department of
Corrections, or local supervisory authority for disposition in lieu of
proceeding with the administrative sanctioning process. For compact cases, a
probable cause hearing shall be scheduled with an assigned hearings
officer.
Statutory/Other Authority: ORS
144.600,
144.615,
179.040,
421.168,
421.510,
423.020,
423.030,
423.075,
137.592,
137.593,
137.595,
144.104,
144.106 &
144.108
Statutes/Other Implemented: ORS
144.600,
144.615,
179.040,
421.168,
421.510,
423.020,
423.030,
423.075,
137.592,
137.593,
137.595,
144.104,
144.106 &
144.108
