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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 150

INTERVIEWS WITH OFFENDERS

416-150-0000

Purpose

(1) These rules establish guidelines to ensure the rights of offenders are maintained when persons seek to interview offenders in OYA custody.

(2) These rules apply to all offenders who are committed to the legal or physical custody of the OYA, and placed in OYA facilities or under OYA supervision on parole/probation status in the community.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 131.040, 420.014, 420A.010
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 2-2004, f. & cert. ef. 5-14-04

416-150-0010

Law Enforcement Interrogation or Polygraph

When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination of an offender suspected of violating the law or having knowledge of a law violation, OYA staff will do the following:

(1) Obtain consent from the Parole/Probation Supervisor, or facility Superintendent/Camp Director.

(2) Obtain consent from the offender following informed consent procedures. Informed consent is defined as consent that is freely given by a person with no pressure, bribes, threats or promises and no consequences for refusal.

(3) Assure the LEA representative has proper identification.

(4) Determine if the LEA representative has a warrant.

(a) If a warrant exists, OYA staff will assist the LEA representative insofar as such assistance does not infringe upon the offender's right to remain silent and to have legal representation present;

(b) If no warrant exists, OYA staff will ensure that:

(A) The offender's legal guardian, if other than the OYA, consents to the interrogation and/or polygraph.

(B) The offender's attorney, if any, is notified.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 131.040, 420.014, 420A.010
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 2-2004, f. & cert. ef. 5-14-04

416-150-0020

Attorney Interview

(1) When an attorney asks to interview an offender, the following provisions shall apply:

(a) The attorney of record representing the offender may interview the offender privately. If the attorney, or the offender requests, an OYA staff will be present during the interview.

(b) An adversarial attorney will not be permitted to interview an offender unless the offender's legal guardian consents to the interview and the offender's own attorney is also present.

(2) Offenders may request an opportunity to privately consult with legal counsel, either face-to-face or by telephone.

(a) Attorneys of record who wish to consult face-to-face with offenders will make an appointment in advance.

(b) When an offender requests to telephone an attorney or an attorney attempts to make contact via telephone with his/her client, OYA staff will arrange the call as soon as reasonably practical within normal business hours, and in all cases within 24 hours of the request, excluding weekends or holidays. In an emergency, the call will be arranged as soon as reasonably practical without regard to normal business hours, weekends or holidays.

(c) Staff will not screen or inquire into the reason for or the purpose of the call, except to determine if an emergency exists.

(3) A copy of the current directory of attorneys in Oregon will be maintained at each OYA facility.

(4) All offenders may access the courts, without obstruction or interference by OYA staff, in order to challenge unlawful commitments and to seek redress for violations of their constitutional rights.

(5) All offenders will be permitted to retain legal papers and correspondence in a confidential manner. Written correspondence between attorneys and offenders is discussed in OAR 416-440-0020.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 131.040, 420.014, 420A.010
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 2-2004, f. & cert. ef. 5-14-04

416-150-0040

Other Interviews

(1) Other persons may request to interview an offender relating to benefits for the offender (such as Social Security, Veterans' Administration, or Department of Revenue), or to seek information in support of pending litigation or other matters.

(2) When such request is received, OYA staff will do the following:

(a) Determine the reason for the interview;

(b) Contact appropriate Central Office staff, if request is related to litigation or in response to subpoena;

(c) Seek the offender's consent to the interview;

(d) Determine whether legal counsel, the offender's parents/guardians, or OYA staff should consent or be present;

(e) Set the time and place of the interview.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 131.040, 420.014, 420A.010
Hist.: OYA 2-2004, f. & cert. ef. 5-14-04

416-150-0050

Recording Interviews

If the interviewer requests to make a mechanical or electronic recording of the interview, OYA staff will ensure the following events occur:

(1) The offender is informed about the type of recording to be made and its purpose, including how information will be used in the future and who will have access to it.

(2) The offender consents in writing to the recording.

(3) The offender understands his/her right to refuse the recording, and/or seek legal assistance before the recording is made.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 131.040, 420.014, 420A.010
Hist.: OYA 2-2004, f. & cert. ef. 5-14-04

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