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OREGON YOUTH AUTHORITY

 

DIVISION 300

PAROLE AND REVOCATIONS

 

416-300-0000

Purpose

These rules set forth the essential procedures Oregon Youth Authority (OYA) staff must utilize when placing an offender on parole or conditional release status in the community or revoking that status.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.105, 420A.115, 420A.120, 420.905, 420.910
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0010

Definitions

(1) Administrative status: An offender's status in the OYA system, such as placement in a youth correctional facility, on parole status in the community, on authorized absence from a facility, on unauthorized absence from any status (except discharge); and discharge of the OYA commitment.

(2) Formal hearing officer: The person designated by the Superintendent of a close custody facility to conduct a formal revocation hearing for a paroled offender.

(3) Formal revocation hearing committee: A committee composed of three close custody staff selected by the Superintendent, none of whom have brought the parole violation charges against the offender.

(4) Parole: The conditional release of an offender from a close custody facility to a person or persons who thereupon acquire temporary legal and physical custody; who provide care and supervision to the offender subject to continued control of the OYA and subject to revocation of parole status if conditions of parole are violated or if OYA determines that parole is not in the best interests of the offender or the community.

(5) Preliminary hearing: A process that determines whether or not an offender has violated one or more conditions of parole and whether there is probable cause to believe that revocation of parole is in the best interests of the offender and the community.

(6) Preliminary hearing officer: A person other than the person(s) bringing charges that may result in revocation, or the juvenile court, designated to conduct a preliminary hearing for a paroled offender.

(7) Revocation: An act of canceling or annulling an offender's release from a close custody facility.

(8) Formal revocation hearing: A hearing used to consider testimony and evidence in order to determine whether one or more violations of conditions of parole have occurred, whether the violations require revocation, whether there are substantial reasons that make revocation inappropriate, or to determine whether revocation is in the best interests of the offender and the community.

(9) Youth correctional facility (YCF): An OYA secure facility designed to provide custody for offenders committed to the legal or physical custody of the OYA.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420, 420A
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0020

Parole Status

(1) When it is determined that an offender is ready for temporary release and after notifying the committing court of the intended release, the Superintendent, or designee, may conditionally release the offender to parole status. Release is formalized by a written agreement that includes the following understandings and conditions:

(a) Parole is a conditional release and does not restore full freedom;

(b) The person(s) with whom the offender is placed will have legal and physical custody of the offender subject to supervision by the OYA.

(c) Conditions of release are subject to modification at any time during the community placement, including an increase or decrease in supervision or other changes the OYA deems necessary.

(d) Parole may be revoked if any written conditions are violated or not met;

(2) Offenders on parole status must abide by the conditions of the Juvenile Parole/Probation Agreement and:

(a) Remain within the control and care of the person(s) having legal and physical custody;

(b) Inform the parole/probation officer (PPO) of his/her whereabouts, including obtaining prior approval before changing addresses, being absent overnight from an approved residence, or leaving the state for any reason;

(c) Obey all federal and state laws, and all county and city ordinances; and

(d) Abide by the requests, decisions, direction, and counsel of the PPO and the provisions of any written agreements, including special conditions.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.115, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0030

Recommendation for Revocation

(1) The first step toward revocation is the PPO's report and recommendation to revoke.

(a) The report and recommendation are presented to the Parole/Probation Supervisor in writing.

(b) In this report, the PPO will state allegations and verifiable facts, and provide, as much as possible, an accurate account of the offender's behavior.

(c) The Parole/Probation Supervisor will review with PPO the written report of alleged violations and recommendations, including any alternative actions that may be taken.

(2) If the Parole/Probation Supervisor agrees with the report and recommendation, the offender will be arrested and detained under the procedures set forth in OAR 416-300-0040 and a preliminary hearing will be conducted.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.115, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0040

Arrest and Detention

(1) When an offender on parole status is absent from the community placement without authorization, has failed to abide by the conditions of parole, or has failed to respond successfully to parole, the Superintendent, or designee, may issue an order for the arrest and detention of the offender. The order must be based on reasonable belief that grounds exist for issuing the order.

(2) Upon issuance of an order or warrant of arrest, the paroled offender may be lodged in juvenile detention if the offender is less than 18 years of age. If the offender is 18 years of age or older, the offender may be lodged in an adult detention facility.

(3) The offender may be detained no longer than 72 hours excluding Saturdays, Sundays and judicial holidays, except on the order of a hearing officer pursuant to a finding from a preliminary hearing that probable cause exists that the offender has violated parole and detention is appropriate. The hearing officer will consult with the agency responsible for paying the detention bill before ordering detention beyond 72 hours.

(4) The offender may be held in detention up to eight calendar days based on agreement between the appropriate juvenile department authority and the Assistant Director, Field Operations, or designee. The decision will be based on local policy guidelines of the detention facility, good casework practice, and available funds to support the stay.

(5) The PPO involved with the case must communicate the following information to detention staff:

(a) The charges or reasons why the offender is detained;

(b) The post-detention plan;

(c) The visitors who are permitted to see the offender; and

(d) Significant needs of the offender, including medical.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.910, 420.915, 420.045, 420A.115, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0050

Preliminary Hearing

(1) Notice of preliminary hearing.

(a) Before the preliminary hearing is scheduled to occur, the hearing officer will ensure that notice of the preliminary hearing is provided to the offender and the offender's parent/guardian.

(b) The notice will include the following information.

(A) A concise statement of each alleged parole violation or other reason for revocation, and relevant supporting evidence.

(B) The offender's right to a preliminary hearing.

(C) The time and place of the preliminary hearing.

(D) Notice that the purpose of the preliminary hearing is to determine whether probable cause exists to believe parole has been violated.

(E) The names of persons who have given information of the alleged violation, and the offender's right to have these persons present at the preliminary hearing for the purposes of confrontation and cross-examination unless the hearing officer determines that an informant or witness would be subjected to risk of harm if his/her identity is disclosed. If names of persons or witnesses are omitted from the notice, each person will be listed as "Name Withheld."

(F) The offender's right to admit or deny the allegations and present letters, documents, affidavits or persons with relevant information at the preliminary hearing in support of his/her defense or contentions.

(G) The offender's right to be represented by an attorney at his/her own expense.

(2) Preparation for the preliminary hearing. Prior to the preliminary hearing, the hearing officer will ensure that the offender:

(a) Is informed of the alleged violation(s) or reason(s) for the preliminary hearing;

(b) Is provided copies of all documentary evidence that will be used against the offender;

(c) Has reasonable time to prepare for the preliminary hearing; and

(d) Has been informed of his/her rights to appear with counsel at his/her own expense.

(3) Conducting the preliminary hearing.

(a) The preliminary hearing will be held at a place determined to be in the best interests of the offender, taking into account such matters as location of evidence, travel conditions, security, and welfare of the offender.

(A) In making this determination, preference will be given to holding the preliminary hearing as near as practicable to the place of the alleged violation, unless it is in the offender's interest to hold the preliminary hearing as near as practicable to the place of the offender's placement at the time of the alleged violation.

(B) In the case of multiple violations, the preliminary hearing may be held in one location.

(b) The preliminary hearing will be held promptly at a time convenient to the offender and the hearing officer.

(c) The preliminary hearing will be conducted by a hearing officer, who is someone other than the person(s) bringing charges that may result in revocation, or the juvenile court.

(d) The offender will be permitted to appear and speak in his/her own behalf, to admit or deny the allegations and to present any relevant evidence.

(e) The offender will be allowed full opportunity to present his/her case.

(f) The attorney for the offender, if any, may cross-examine witnesses, unless the hearing officer determines that it is necessary to deny cross-examination to preserve the anonymity of the witness.

(g) The hearing officer will make a written summary of what occurs at the preliminary hearing, including the response of the offender and the substance of the documents or evidence given in support of parole revocation.

(h) Based upon the information presented, the hearing officer will determine if probable cause exists to believe a violation has occurred and that the offender can be further held until a final determination is made.

(A) The hearing officer will report this determination to the Superintendent, or designee.

(B) The report may first be made orally but must be reduced to writing. The Superintendent, or designee, will consider the report and decide whether or not the offender is an appropriate candidate for a formal revocation hearing.

(C) If the Superintendent, or designee, determines that a formal revocation hearing is not appropriate, the Superintendent, or designee, may order that the offender be continued in a community placement.

(D) If the Superintendent, or designee, determines that the offender is an appropriate candidate for a formal revocation hearing, the formal revocation hearing will be held unless the offender voluntarily waives that right.

(i) The Superintendent or designee will write a final order that reflects the decisions resulting from the preliminary hearing. A copy of the final order will be provided to the offender, and the committing court will be notified of the results of the preliminary hearing.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.115, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0060

Formal Revocation Hearing

(1) Hearing rights:

(a) Every offender is entitled to a formal revocation hearing.

(b) The offender may choose to waive his/her right to the formal revocation hearing. However, before the OYA accepts such waiver, the following conditions must be met.

(A) The offender will be given a form that sets forth or informs the offender of the rights that he/she is entitled, including the right to speak with an attorney, at the offender's expense, prior to making a decision about a waiver.

(B) Staff will not attempt to influence the offender to waive his/her rights to a formal revocation hearing.

(C) If a tape recording or a written summary of conversations with an offender about waiver of a formal revocation hearing exist, the recording or summary will be kept for 120 days after a final order is issued.

(D) At any time after a waiver has been made, the Superintendent, or designee, may review the waiver and may cause a revocation hearing to be held, if he/she believes such hearing is in the best interests of the offender.

(2) Notice of formal revocation hearing:

(a) Within a reasonable time before the formal revocation hearing is scheduled to occur, the formal hearing officer will provide notice of the formal revocation hearing to the offender and the offender's parent/guardian.

(b) The notice will include the following information.

(A) A concise statement of each alleged parole violation or other reason for revocation, and relevant supporting evidence.

(B) The offender's right to a hearing.

(C) The time and place of the hearing.

(D) Notice that the purpose of the formal revocation hearing is to determine whether the offender's conditions of parole have been violated and whether there are substantial reasons that mitigate or justify any violation such that revocation is inappropriate.

(E) The names of persons who have given information of the alleged violation, and the offender's right to have these persons present at the formal revocation hearing for the purposes of confrontation and cross-examination unless the formal hearing officer determines that an informant or witness would be subjected to risk of harm if his/her identity is disclosed. If names of persons or witnesses are omitted from the notice, each person will be listed as "Name Withheld."

(F) The offender's right to admit or deny the allegations and present letters, documents, affidavits or persons with relevant information at the formal revocation hearing in support of his/her defense or contentions.

(G) The offender's right to be represented by an attorney at his/her own expense.

(3) Subpoena request: The offender may request to subpoena witnesses at OYA expense in accordance with the following procedure.

(a) Where the OYA proposes to rely on affidavits or other documentary evidence of a testimonial nature, the OYA will subpoena any witness responsible for such evidence, at its expense, if requested by the offender or his/her attorney at least 72 hours prior to the hearing.

(b) If an offender requests that OYA subpoena a supporting witness for him/her at OYA expense, the Superintendent, or designee, will cause the subpoena to be served and the statutorily prescribed fees and mileage tendered to the witness if the offender satisfies to the Superintendent, or designee, that the proposed testimony is relevant, material and necessary.

(c) At the discretion of the revocation hearing committee, and under such conditions as will ensure an appropriate record, telephone conversation with a prospective witness may be substituted for the actual presence of the witness.

(A) The offender will be permitted to listen to and converse with the witness.

(B) Testimony presented by telephone is not appropriate if the offender objects to its use.

(4) Formal revocation hearing:

(a) The formal revocation hearing will be held as promptly as convenient to the offender and the revocation hearing committee. In any event, the formal revocation hearing will be within 60 days from the date the offender is returned to the close custody facility.

(A) Exception: If the offender has been charged with one or more law violations that are to be adjudicated in court, revocation hearing procedures will be suspended pending the outcome of the court hearing. The offender may request a formal revocation hearing after the court hearing, if he/she so chooses.

(b) The Superintendent, or designee, will appoint the chairperson of the formal revocation hearing committee.

(c) Prior to the commencement of the formal revocation hearing, the chairperson of the formal revocation hearing committee will furnish the offender a written explanation of the proceedings.

(d) The formal revocation hearing will be conducted before a formal revocation hearing committee composed of three close custody staff selected by the Superintendent or designee, none of whom have brought the parole violation charge against the offender.

(e) At the formal revocation hearing, the offender will have an opportunity to be heard in person and through his/her attorney, if any.

(f) The formal revocation hearing will be conducted in the following manner.

(A) Statement and evidence of the OYA in support of the action.

(B) Statement and evidence of the offender.

(C) Questioning, examination, or cross-examination of witnesses, unless in the opinion of the chairperson that an informant or witness would be subjected to risk of harm if his/her identity is disclosed:

(i) The attorney for the offender, if any, may cross-examine witnesses, unless the chairperson determines that it is necessary to deny cross-examination to preserve the anonymity of the witness.

(ii) If the offender has no attorney, the Superintendent, or designee, will, if he/she has not already done so, appoint competent staff not directly involved with the offender, to cross-examine the witness for the offender. The hearing may be recessed if necessary for this purpose.

(D) The formal revocation hearing may be continued with recesses as determined by the chairperson.

(E) The chairperson may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious or immaterial matter.

(F) The burden of presenting evidence to support a fact or position rests on the proponent of that fact or position. Quantity of proof required for revocation is a preponderance of evidence.

(G) Exhibits will be marked and the markings will identify the person offering the exhibit. The exhibits will be preserved by the OYA as part of the record of the proceedings.

(H) Evidentiary rules are as follows:

(i) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs is admissible.

(ii) Irrelevant, immaterial, or unduly repetitious evidence will be excluded.

(iii) All offered evidence, not objected to, will be received by the chairperson subject to his/her power to exclude irrelevant, immaterial, or unduly repetitious matter.

(iv) Evidence objected to may be received by the chairperson with rulings on its admissibility or exclusion to be made at the hearing or at the time a final order is issued.

(I) All testimony will be given under oath.

(J) The Superintendent or designee may discontinue the revocation proceedings at any time and may return the offender to conditional release status subject to similar or modified conditions.

(g) The chairperson will make a written summary of what occurs at the hearing, including the response of the offender and the substance of the documents or evidence given in support of revocation.

(A) A mechanical recording of all oral testimony and presentations will be made. This tape may be reviewed by the formal revocation hearing committee before any findings are determined, or in the event of a judicial review.

(B) Tapes will be kept at least 120 days after the final order is issued.

(5) Proposed order:

(a) The revocation hearing committee will issue a written proposed order that contains:

(A) Rulings on admissibility of offered evidence and other matters;

(B) Findings of fact (each ultimate fact as determined by the formal revocation hearing committee based on the evidence before it); and

(C) Conclusions and recommendations for action by the Superintendent or designee.

(b) The Superintendent or designee will review the committee's proposed order.

(A) If the formal revocation hearing committee's recommendation is to revoke parole, the Superintendent or designee will provide a copy of the proposed order with the committee's findings of fact and conclusions to the offender.

(B) The Superintendent or designee will notify the offender that he/she may file written exceptions or objections to the proposed order. The written objections must be received by the Superintendent or designee within 10 calendar days from the date of the proposed order.

(C) At the option of the Superintendent or designee, the offender may present exceptions or objections orally.

(6) Final order:

(a) After reviewing any exceptions and objections presented by the offender, the Superintendent or designee will issue a final order.

(A) The order will indicate the action taken by the Superintendent or designee and will either incorporate the recommendations of the revocation hearing committee or set forth his/her own findings of fact, conclusions and rulings on admissibility of evidence and other matters.

(B) The Superintendent's or designee's order will also set forth the offender's right to petition for reconsideration or rehearing of the order, and the statutes under which the order may be appealed.

(b) The committing court will be immediately notified of the final order.

(c) The offender will be given a copy of the final order.

(7) Reconsideration of final order:

(a) The offender may file a petition for reconsideration or rehearing of a final order with the Superintendent or designee within 30 days after the order is received by the offender. A petition for reconsideration is deemed filed when it is physically received by the Superintendent or it is delivered to the Superintendent by mail in an envelope bearing a USPS cancellation stamp dated on or before the 30th day after the offender received the order.

(A) The petition will set forth the specific ground(s) for the reconsideration or rehearing.

(B) The petition may be supported by a written argument.

(b) The Superintendent or designee may grant a reconsideration petition if he or she finds sufficient reasons to justify reconsideration.

(c) If the Superintendent or designee concurs that the order should be changed in whole or in part, an amended order will be entered.

(d) The Superintendent or designee may grant a petition to rehear the revocation proceeding. The rehearing may be limited to specific matters.

(e) If a rehearing is held and a change in the original order becomes necessary, an amended final order will be entered.

(f) If the Superintendent or designee does not act on the petition by the 60th day following the date the petition was filed, as defined in subsection (7)(a) above, the petition is deemed denied.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.115, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

416-300-0080

Placement after Revocation

(1) Revocation of parole may result in placement in any OYA close custody facility. The offender may contest this placement through the grievance process in OAR chapter 416, division 20.

(2) The offender may be re-paroled when, in the opinion of the Superintendent, or designee, the offender is again ready for release and a suitable placement is available.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.115, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05

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