The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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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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