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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 153

ACCESS TO BOARD OF PAROLE AND POST-PRISON SUPERVISION HEARINGS

291-153-0005

Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.123, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose:

(a) The purpose of these rules is to establish policies and procedures governing access to Board of Parole and Post-Prison Supervision hearings held within Department of Corrections facilities.

(b) A person’s physical access to a Department of Corrections facility is subject to the Department of Corrections rules on Facility Access (OAR 291-016), Visiting (Inmate) (OAR 291-127), and may be prohibited or restricted by the functional unit manager or designee of the facility in which the hearing is being conducted when deemed necessary or advisable to maintain the health, safety and security of staff, inmates, or the public, or to maintain the safe, secure, and orderly operation and management of the facility.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Hist.: CD 9-1990, f. & cert. ef. 5-29-90; CD 12-1993, f. 4-21-93, cert. ef. 5-1-93; DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04; DOC 14-2004, f. & cert. ef. 11-2-04; DOC 8-2013, f. & cert. ef. 8-29-13

 

Procedures

291-153-0020

Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing

(1) Inmates are permitted to have a person accompany them in hearings before the Board of Parole and Post-Prison Supervision in accordance with ORS 144.123. This rule establishes jointly with the Board of Parole and Post-Prison Supervision policies and procedures governing who may accompany an inmate before the Board.

(2) When appearing before the Board of Parole and Post-Prison Supervision in a hearing, an inmate may be accompanied at the Department of Corrections facility in which the inmate is confined, subject to the prior approval of the facility functional unit manager or designee, by:

(a) A person who has been approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127);

(b) An assigned inmate legal assistant, selected in accordance with the Department of Corrections rule on Legal Affairs (Inmate) (OAR 291-139) from the Department of Corrections facility where the inmate is confined; or

(c) The inmate’s attorney.

(3)(a) In addition to those persons specified in subsection (2) of this rule, the inmate may be accompanied at the hearing via telephone or videoconference by such other person or persons, other than another inmate, as the Board of Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement.

(b) The inmate may select one person to speak on his/her behalf. The statement shall not exceed 15 minutes. The presiding Board member may grant the support person additional time upon finding that further testimony is likely to be relevant to the Board’s decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence.

(4) The Department of Corrections, if requested by the inmate or the Board, will assign an approved inmate legal assistant from the Department of Corrections facility where the inmate is confined to accompany an inmate at a Board hearing. The selection of the inmate legal assistant shall be governed by the policies and rules of the Department of Corrections.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030,& 423.075
Hist.: DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04; DOC 14-2004, f. & cert. ef. 11-2-04; DOC 8-2013, f. & cert. ef. 8-29-13

291-153-0025

Attendance at a Board of Parole and Post-Prison Supervision Hearing

(1) A person who may attend a Board of Parole and Post-Prison Supervision hearing in person at a Department of Corrections facility is subject to the approval of the functional unit manager or designee of the facility in which the hearing is being conducted.

(2) A person who attends a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility is subject to the rules of conduct and the terms and conditions set forth in the department’s rules on Facility Access (OAR 291-016) and Visiting (Inmate)(OAR 291-127).

(3) Who May Attend/Appear at a Board Hearing:

(a) The inmate and inmate accompaniment as specified in OAR 291-153-0020;

(b) Victim or his/her representative;

(c) District attorney from the committing jurisdiction or his/her representative;

(d) Public: Members of the public may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings;

(e) Media Representatives: Approved media representatives may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings;

(f) Department of Corrections Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers, and contractors may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings except as requested or approved by the Board in order to provide testimony in the hearing; and

(g) Other persons as identified by the Board.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030,& 423.075
Hist.: DOC 8-2013, f. & cert. ef. 8-29-13

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