Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Inmate rights during the hearing process include:
(a) The right, upon request, to discontinue
emergency medications administered pursuant to OAR
291-064-0060 for 24 hours
preceding the hearing and until the hearing adjourns;
(b) The right to be present during the
hearing;
(c) The right to be heard
in person and to present documentary evidence;
(d) The right to present testimony through
witnesses and to cross-examine witnesses that are called by the
Department;
(e) The right to an
advisor to assist in the articulation and presentation of the inmate's argument
at the hearing;
(f) The right to
the creation of a record of the hearing;
(g) The right to appeal the decision of the
independent examining physician to the chief medical officer as provided in
this rule; and
(h) The right to
retain counsel for the hearing at his/her own expense.
(2) Assignment of Advisor:
(a) A Health Services staff member shall be
assigned to act as the inmate's advisor in the hearing process;
(b) In assisting the inmate to articulate
their objection to the recommended medications, the advisor shall:
(A) Inform the inmate of his/her right to
retain counsel for the hearing at his/her own expense;
(B) Interview the inmate and discuss the
psychiatric issues involved, and the inmate's options;
(C) Assist the inmate in articulating a list
of witnesses and questions for witnesses as required in section (3) of this
rule;
(D) Review the inmate's
treatment record, including records of efforts made to obtain informed
consent;
(E) Be provided a copy of
administrative rules OAR
291-064-0010 through
291-064-0140;
(F) Be provided an opportunity to review any
other evidence presented by the Department upon which the recommendation for
involuntary administration of medications is based;
(G) Be competent to understand and interpret
the inmate's rights and the hearing process;
(H) Have an understanding of the psychiatric
diagnosis and issues that the case may present; and
(I) Appear with the inmate at the hearing
before the independent examining physician.
(3) If the inmate wishes to present or
cross-examine witnesses, he/she must provide a written request to the
independent examining physician prior to the hearing, listing the names of
requested witnesses and the questions to be asked of each witness.
(4) The inmate's right to be present at the
hearing may be limited because of his/her medical condition or because of other
specific reasons relating to the interest of institutional safety and
security.
(5) Reasons for the
limitation of the right to present and cross-examine witnesses include, but are
not limited to:
(a) Irrelevance;
(b) Redundancy;
(c) Other specific reasons relating to the
interest of institutional safety and security.
(6) The reasons for any limitation of the
inmate's rights shall be specified orally at the hearing and in writing as part
of the final decision.
Stat. Auth.: ORS
179.040, ORS
423.020, ORS
423.030, ORS
423.075 & ORS
430.021
Stats. Implemented: ORS
179.040, ORS
423.020, ORS
423.030, ORS
423.075 & ORS
430.021
