Current through Register Vol. 63, No. 9, September 1, 2024
(1) Upon
identifying violation behavior, the officer will prepare and present to the
offender a copy of the Violation Report/Sanction Reporting form describing the
alleged violation behavior.
(2)
Notice of Rights/Decisions about Rights:
(a)
Probation Cases: Using the Department of Corrections Notice of Rights form, the
offender shall be notified of his/her rights to a violation hearing before the
court, to be represented by an attorney at the hearing, and to have an attorney
appointed for him/her at state expense if he/she cannot afford one.
(b) Parole and Post-Prison Supervision Cases:
Using the Board of Parole and Post-Prison Supervision or local supervisory
authority Notice of Rights form for parole and post-prison supervision
offenders, the offender shall be notified of his/her rights to a violation
hearing before the Board of Parole and Post-Prison Supervision or local
supervisory authority.
(c) Compact
Cases: Using the Compact Notice of Rights form for compact offenders, the
offender shall be notified of his/her rights to a violation hearing before an
assigned hearings officer.
(d)
Short-Term Transitional Leave and Nonprison Leave Cases: Using the Department
of Corrections Notice of Rights form, the inmate shall be notified of his/her
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 offender chooses to
waive his/her 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 offender at the time of or after the
offender is presented with a copy of the Violation Report/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 offender if he/she can read and understand the Notice of
Rights form printed in the English language. If the offender informs the person
administering the Notice of Rights that he/she cannot read the form, but can
understand the English language, the person shall read the Notice of Rights
form to the offender. If the offender informs the person administering the
Notice of Rights that he/she cannot read or understand the English language,
the person shall provide the offender with a form in the offender'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 offender indicates to the person
administering the Notice of Rights that he/she understands his/her rights as
stated in the Notice of Rights form, the offender shall sign the Notice of
Rights form acknowledging that the offender understands his/her rights, and
indicate by checking the appropriate box on the form whether he/she wants 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 offender refuses
to sign the form acknowledging he/she has read, or has had read to him/her, and
understands 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 as necessary, the offender indicates to
the person administering the Notice of Rights that he/she does not understand
his/her 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 offender admits to the alleged violation behavior or does not contest the
information regarding the alleged violation behavior and the offender accepts
the administrative sanction to be imposed by the sanctioning agent as listed on
the form, the sanctioning agent shall impose the administrative
sanction.
(4) If the offender
denies or otherwise contests the alleged violation behavior, or does not accept
the administrative sanction to be imposed by the sanctioning agent as listed on
the 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.
Forms referenced are available from the
agency.
Statutory/Other Authority: ORS
144.600,
144.615,
179.040,
421.168,
421.510,
423.020,
423.030,
423.075, ORS
137.592,
137.593,
137.595,
144.104,
144.106 &
144.108
Statutes/Other Implemented: ORS
137.592,
137.593,
137.595,
144.104,
144.106,
144.108,
144.600,
144.615,
179.040,
421.168,
421.510,
423.020,
423.030 &
423.075
