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DEPARTMENT OF CORRECTIONS
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 this rule 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: The purpose of these rules is to jointly establish with the Board of Parole and Post-Prison Supervision policies and procedures governing who may accompany an inmate at a hearing before the Board of Parole and Post-Prison Supervision.
(3) Policy:
(a) It is the joint policy of the Department of Corrections and Board of Parole and Post-Prison Supervision that inmates be permitted to have a person accompany them in hearings before the Board in accordance with ORS 144.123, as provided in these rules.
(b) A person's 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 this rule, 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
291-153-0020
Who May Accompany an Inmate at a Board of Parole and Post-Prison Supervision Hearing
(1) Inmate Accompaniment: 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.
(2) In addition to those persons specified in subsection (1) of this rule, the inmate may be accompanied at the hearing via telephone or videoconference by such other person, other than another inmate, as the Board of Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement.
(3) The Department of Corrections, if requested by the inmate or the Board, will assign an assigned inmate legal assistant from the Department of Corrections facility where the inmate is confined to accompany an inmate at a Board hearing.
(4) Others Who May Attend/Appear at a Board Hearing:
(a) Victim and District Attorney: The victim, personally, or by counsel or other representative, and the District Attorney from the committing jurisdiction or his/her representative, may attend/appear Board of Parole and Post-Prison Supervision hearings.
(b) Public: Members of the public may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings.
(c) Media Representatives: Approved media representatives may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings.
(d) 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 by the Board in order to provide testimony in the hearing.
(5) Means and Manner of Appearance/Attendance:
(a) Board Hearings Conducted With Inmate in Person Within a Department of Corrections Facility:
(A) If the inmate will appear before the Board of Parole and Post-Prison Supervision in person within a Department of Corrections facility, the person(s) accompanying the inmate, the victim and the District Attorney, and/or their representatives, members of the public, and approved media representatives may appeal/attend the hearing in person at the Department of Corrections facility, subject to the approval of the functional unit manager of the facility in which the hearing is being conducted, or via telephone or videoconference as arranged in advance with the Board.
(B) A person desiring to appear/attend a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility must contact the functional unit manager or designee of the facility in which the hearing is scheduled to take place in advance of the hearing to arrange for their attendance/appearance.
(C) A person who appears/attend a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility is subject to the rule of conduct, and the terms and conditions of visiting set force in the department's rules on Facility Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127).
(b) Board Hearings Conducted With Inmate Via Telephone or Videoconference: If the inmate will appear before the Board of Parole and Post-Prison Supervision via telephone or videoconference, the person(s) accompanying the inmate, the victim and the District Attorney, and/or their representatives, members of the public, and approved media representatives may appear/attend the hearing at the place in which the Board is meeting for purposes of conducting the hearing, or via telephone or videoconference, as arranged in advance with the Board.
(6) Conduct of the Hearing: The Board of Parole and Post-Prison Supervision may eject any disruptive person from a hearing. The Board may require all persons to leave the designated hearing area during deliberations.
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
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