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OREGON YOUTH AUTHORITY

 

DIVISION 300

PAROLE AND REVOCATIONS

 

416-300-0000

Purpose

These rules establish procedures to conditionally release a youth offender on parole into the community, or revoke a youth offender's parole.

Stat. Auth.: ORS 420A.025, 420A.105, 420A.120
Stats. Implemented: ORS 419C.481, 420.045, 420A.105, 420A.115, 420A.120, 420.905, 420.910, 420.915
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0010

Definitions

(1) Field supervisor: The manager of an OYA parole/probation office.

(2) Formal parole revocation hearing: A hearing to determine whether parole should be revoked that is conducted after a preliminary parole revocation hearing has resulted in a recommendation for revocation or another sanction.

(3) Juvenile Parole/Probation Agreement: A written agreement between a paroling youth offender and the Oregon Youth Authority that establishes the youth offender's conditions of parole.

(4) Juvenile Parole/Probation Officer (JPPO): The OYA case manager who works with a youth offender, and the youth offender’s family, and the community while the youth offender is in OYA custody.

(5) OYA: Oregon Youth Authority.

(6) Parole: The conditional release of a youth offender from a youth correction facility subject to the director’s authority to revoke parole pursuant to ORS 420.045(3).

(7) Parole revocation: The act of rescinding a youth offender's parole.

(8) Preliminary parole revocation hearing: A hearing to determine if probable cause exists to believe a youth offender has violated one or more conditions of parole, and it is in the best interests of the youth offender and the community to revoke parole or impose an intermediate sanction.

(9) Superintendent: The manager of a youth correction facility.

(10) Youth correction facility: A facility used for the confinement of youth offenders and other persons placed in the legal or physical custody of OYA and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps and branches of those facilities.

(11) Youth offender: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.045, 420A.115, ORS 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0020

Parole

(1) When it is determined by OYA that a youth offender is ready for conditional release and after notifying the committing court of the intended release, the superintendent, or designee, may parole the youth offender.

(2) Parole is formalized by a written Juvenile Parole/Probation 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 youth offender is placed will have custody of the youth offender subject to supervision by the OYA;

(c) Conditions of parole are subject to modification by OYA at any time, including an increase or decrease in supervision level or other changes OYA deems necessary; and

(d) Parole may be revoked or an intermediate sanction imposed if the youth offender violates any written condition, or if OYA finds that continuation of parole is not in the best interests of the youth offender or the community.

(3) Youth offenders on parole must:

(a) Abide by the conditions of the Juvenile Parole/Probation Agreement;

(b) Remain within the control and care of the person(s) who has custody of the youth offender;

(c) Inform the juvenile parole/probation officer (JPPO) of the youth offender’s whereabouts, including obtaining prior approval before changing residences, being absent overnight from an approved residence, or leaving the state for any reason;

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

(e) Abide by the direction of the JPPO and the provisions of any written agreements, including special conditions.

(4) Notwithstanding section (3)(d), an allegation that a youth offender’s presence in the United States is in violation of federal immigration laws will not be deemed by OYA to violate that condition of parole.

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; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0030

Recommendation for Parole Revocation

(1) A youth offender's JPPO may initiate parole revocation by preparing a written report that recommends that the youth offender's parole be revoked.

(a) The JPPO must submit the written report and recommendation to the JPPO’s field supervisor.

(b) The JPPO’s written report must include all parole violation allegations, verifiable facts, and, to the best of the JPPO’s knowledge, an accurate account of the youth offender's behavior while on parole.

(c) The field supervisor will review the written report with the JPPO and include any alternative actions that may be taken instead of a parole revocation.

(2) If the field supervisor agrees with the JPPO’s recommendations, the youth offender may be taken into custody and detained according to OAR 416-300-0040 and OAR 416-320-0020.

(3) If the youth offender is detained for parole revocation, a preliminary parole revocation hearing must be conducted pursuant to OAR 416-300-0050.

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; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0040

Arrest and Detention of Parolee

(1) When a paroled youth offender is absent from a community placement without authorization, has failed to abide by parole conditions, or has failed to respond successfully to parole, the superintendent, or designee, may issue an order for the arrest and detention of the youth offender, according to ORS 420.910. The order must be based on reasonable belief that grounds exist for issuing the order.

(2) The youth offender may be detained according to ORS 420.915.

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; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0050

Preliminary Parole Revocation Hearing

(1) The preliminary parole revocation hearing must be conducted by a hearing officer who is a person designated by the OYA director to conduct a preliminary parole revocation hearing for a paroled youth offender. The officer must be someone other than the person bringing allegations against the youth offender that may result in the youth offender's parole revocation.

(2) Notice of preliminary parole revocation hearing.

(a) Before a preliminary hearing is conducted, the preliminary hearing officer must ensure that written notice of the hearing is provided to the youth offender and the youth offender's parent, guardian, or other person who has legal custody of the youth offender under the terms of the youth offender’s parole.

(b) The notice will include the following information:

(A) The time and place of the preliminary parole revocation hearing;

(B) A statement that the hearing is conducted under authority of ORS 420A.115(2) and OAR 416-300-0050;

(C) That the purpose of the preliminary hearing is to determine whether probable cause exists to believe parole has been violated and, if so, whether parole should be revoked or whether intermediate sanctions are appropriate;

(D) The youth offender's right to a preliminary hearing;

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

(F) The names of persons who have given information on the alleged violation, and the youth offender's right to have these persons present at the preliminary hearing to confront and cross-examine them, unless the hearing officer determines that an informant or witness would be subjected to risk of harm if the informant’s or witness’s identity is disclosed. If names of persons are omitted from the notice, each omitted person will be listed as "Name Withheld";

(G) The youth offender's right to admit or deny the allegations and to present letters, documents, affidavits or persons with relevant information at the preliminary hearing in support of the youth offender’s defense or contentions; and

(H) The youth offender's right to be represented by an attorney at the youth offender’s own expense.

(3) Prior to the preliminary hearing, the hearing officer will ensure that the youth offender:

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

(b) Has reasonable time to prepare for the preliminary hearing.

(4) Conducting the preliminary hearing.

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

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

(c) The youth offender must be given opportunity to appear and speak on the youth offender’s behalf, to admit or deny the allegations, and to present any relevant evidence.

(d) The youth offender is allowed a reasonable opportunity to fully present the youth offender’s case.

(e) The youth offender’s attorney, 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.

(5) Results of the preliminary hearing.

(a) The hearing officer will make a written summary of what occurred at the hearing, including the substance of the documentary and testimonial evidence given in support of a parole revocation or intermediate sanction and of the youth offender’s response and presentation.

(b) Based upon the information presented at the hearing, the hearing officer will determine whether probable cause exists to believe that the youth offender violated condition(s) of parole. If the hearing officer determines that probable cause exists that the youth offender violated condition(s) of parole, the hearing officer may:

(A) Recommend that the superintendent revoke parole; or

(B) In agreement with the youth offender’s JPPO, impose an intermediate sanction other than revocation of parole.

(c) In addition to any time spent in detention or jail, the youth offender may be held in detention or jail up to eight calendar days as an intermediate sanction in lieu of parole revocation based on agreement between the appropriate juvenile department authority and the OYA Community Services assistant director, or designee. The decision will be based on the local detention facility’s policy guidelines, good casework practice, and available funds to support the stay.

(d) The hearing officer must notify the youth offender and the superintendent, or designee, of the determination. The notice may first be made orally, but the determination must be documented in a written findings report.

(6) Youth offender’s right to waive formal parole revocation hearing.

Following the preliminary hearing, the youth offender is entitled to a formal parole revocation hearing but may choose to waive the right to the hearing. Before OYA accepts such waiver, the following conditions must be met:

(a) The youth offender must be given written notification of the youth offender's rights, including the right to speak with an attorney at the youth offender's expense before making a decision about a waiver.

(b) OYA staff are prohibited from influencing the youth offender's decision to waive the right to a formal parole revocation hearing.

(c) Any time after a waiver has been made, the superintendent, or designee, may review the waiver and cause a formal parole revocation hearing to be held, if the superintendent, or designee, believes such hearing is in the best interest of the youth offender.

(7) Reconsideration

(a) Notwithstanding the youth offender’s waiver of a formal parole revocation hearing, the youth offender may file a petition for reconsideration of the preliminary hearing officer’s report with the superintendent within 30 days of receiving the report.

(b) The superintendent, or designee, may grant or deny the petition for reconsideration of the preliminary hearing findings. If the superintendent, or designee, finds sufficient reason to justify reconsideration, the reconsideration will result in a formal parole revocation hearing.

(c) After reviewing the hearing officer’s report, the superintendent, or designee, may order a formal parole revocation hearing, regardless of whether the youth offender has waived the right to a formal parole revocation hearing.

Stat. Auth.: ORS 420A.025, 420A.120
Stats. Implemented: ORS 419C.481, 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; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0060

Formal Parole Revocation Hearing

(1) A formal parole revocation hearing must be held when a preliminary hearing officer finds that probable cause exists that a youth offender has violated parole and one of the following has occurred:

(a) The preliminary hearing officer has recommended parole revocation, and the youth offender has not waived the right to a formal parole revocation hearing; or

(b) The superintendent, or designee, has ordered a formal parole revocation hearing.

(2) Notice of formal parole revocation hearing:

(a) Within a reasonable time before the hearing is scheduled to occur, the parole revocation hearing committee chairperson must provide notification of the formal parole revocation hearing to the youth offender and the youth offender’s parent, guardian, or other person who has custody of the youth offender under the terms of the youth offender’s parole.

(b) The notice must include the following information:

(A) The time and place of the hearing;

(B) The youth offender's right to a formal parole revocation hearing and the right to waive the hearing;

(C) A statement that if the youth offender waives the formal parole revocation hearing, the decision of the preliminary hearing officer will become final, or that a formal parole revocation hearing will be conducted despite the waiver if the superintendent, or designee, determines that a hearing is in the best interests of the youth offender;

(D) A statement that the hearing is conducted under authority of ORS 420.045 and OAR 416-300-0060;

(E) That the purpose of the formal parole revocation hearing is to determine whether the youth offender has violated conditions of parole and whether there are substantial reasons that mitigate or justify any violation such that revocation is inappropriate;

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

(G) The names of persons who have given information on the alleged violation, and the youth offender's right to have these persons present at the formal parole revocation hearing to confront and cross-examine, unless the parole revocation hearing committee chairperson determines that an informant or witness would be subjected to risk of harm if the informant's or witness's identity is disclosed. If names of persons are omitted from the notice, each omitted person will be listed as "Name Withheld";

(H) The youth offender's right to admit or deny the allegations and to present letters, documents, affidavits or persons with relevant information at the formal parole revocation hearing in support of the youth offender's defense or contentions;

(I) The youth offender's right to be represented by an attorney at the youth offender's own expense; and

(J) The youth offender’s right to subpoena witnesses as provided in these rules.

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

(a) If requested by the youth offender or the youth offender’s attorney at least 72 hours before the hearing, when OYA proposes to rely on affidavits or other documentary evidence of a testimonial nature, OYA will subpoena any named witnesses responsible for such evidence, at its expense.

(b) When a youth offender satisfies to the superintendent, or designee, that a supporting witness's testimony is relevant, material, and necessary, and the youth offender requests that OYA subpoena the witness for the youth offender at OYA's expense, the superintendent, or designee, will cause the subpoena to be served and the statutorily-prescribed fees and mileage tendered to the witness.

(c) At the discretion of the parole revocation hearing committee chairperson, and under such conditions as will ensure an appropriate record, telephone conferencing with a witness may be substituted for the witness’s physical presence. The youth offender must be permitted to listen and speak to the witness.

(4) Scheduling of the formal parole revocation hearing.

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

(b) Exception to section (4)(a): If a youth offender has been charged with one or more law violations that are to be heard in court, parole revocation hearing procedures must be suspended pending the final disposition of the criminal prosecution if the parole violation is contingent upon the outcome of the law violation charge(s). The formal parole revocation hearing must be held within 60 days from the date the criminal prosecution is final.

(5) Formal parole revocation hearing procedures.

(a) The hearing must be conducted before a parole revocation hearing committee comprised of three OYA staff who are selected by the superintendent and who did not charge the youth offender with the parole violation.

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

(c) Prior to the commencement of the hearing, the parole revocation hearing committee chairperson must give the youth offender a written explanation of how the hearing will be conducted.

(d) The youth offender will have an opportunity to be heard in person and through the youth offender’s attorney, if any.

(e) An audio or video recording of all oral testimony and presentations must be made. Recordings must be kept at least 120 days after the final order is issued.

(f) The hearing must be conducted in the following manner:

(A) Presentation of OYA’s statement and evidence in support of the action;

(B) Presentation of the youth offender’s statement and evidence;

(C) Questioning, examination, or cross-examination of witnesses, unless in the opinion of the chairperson an informant or witness would be subject to risk of harm if the informant’s or witness’s identity is disclosed;

(D) The youth offender’s attorney, 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;

(E) If the youth offender has no attorney, the superintendent, or designee, must appoint a competent staff member, not directly involved with the youth offender, to assist the youth offender at the hearing;

(F) The hearing may be continued with recesses as determined by the parole revocation hearing chairperson;

(G) The parole revocation hearing chairperson may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter;

(H) All testimony will be given under oath or affirmation;

(I) 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;

(J) Exhibits must be marked, and the markings must identify the person offering the exhibit. OYA must retain the exhibits as part of the record; and

(K) 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 that is not objected to will be received by the parole revocation hearing chairperson subject to the parole revocation hearing chairperson’s power to exclude irrelevant, immaterial, or unduly repetitious matter; and

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

(6) Parole revocation hearing committee written summary.

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

(A) A written summary of what occurred at the hearing, including the substance of the documentary and testimonial evidence given in support of a parole revocation, the youth offender’s response and presentation, and a recommendation for action;

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

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

(D) Conclusions and recommendations for action by the superintendent, or designee.

(b) The superintendent, or designee, must provide the youth offender a copy of the proposed order with the parole revocation hearing committee's findings of fact and conclusions.

(c) The superintendent, or designee, must notify the youth offender that the youth offender may file written objections to the proposed order. The written objections must be received by the superintendent, or designee, within 10 calendar days from the date the youth offender receives the written summary. At the option of the superintendent, or designee, the youth offender may present exceptions or objections orally.

(7) Final order:

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

(A) The order must indicate the action taken by the superintendent, or designee. The action will either incorporate the recommendations of the parole revocation hearing committee or set forth the superintendent’s 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 youth offender's right to petition for reconsideration or rehearing of the order, and the statutes under which the order may be judicially appealed.

(b) The youth offender’s committing court must be immediately notified of the final order.

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

(8) Reconsideration of final order.

(a) The youth 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 youth offender. A petition for reconsideration is deemed filed when it is physically received by the superintendent, or designee.

(A) The petition must 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, must respond to the petition within 30 calendar days from the date the superintendent, or designee, receives the petition.

(c) The superintendent, or designee, may grant a reconsideration petition if the superintendent, or designee, finds sufficient reasons to justify reconsideration.

(d) If the superintendent, or designee, concurs that the order should be changed in whole or in part, an amended order must be issued.

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

(f) If a rehearing is held and a change in the original order becomes necessary, an amended final order must be issued.

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; OYA 6-2016, f. & cert. ef. 7-18-16

416-300-0080

Placement after Parole Revocation

Parole revocation may result in a youth offender’s placement in any youth correction facility. The youth offender may contest the placement through the grievance process established in OAR chapter 416, division 20.

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; OYA 6-2016, f. & cert. ef. 7-18-16

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