Okla. Admin. Code § 377:5-5-2

Current through Vol. 42, No. 7, December 16, 2024

Section 377:5-5-2 - Parole Hearing

(a) If the Parole Board has rejected a staff recommendation for parole, a 3-member panel of the Parole Board shall preside over the parole hearing, as the Hearing Examiner.

(b) If parole has not been recommended by the JSU and/or institutional staff, a Hearing Officer shall preside over the parole hearing, as the Hearing Examiner.

(c)Notice. The juvenile, parent, guardian, or legal custodian and Advocate Defender shall have at least 14 calendar days notice of the hearing.

(d)Conduct of Parole Hearings. The parole hearing shall be conducted in an orderly manner and with a concern for privacy with ample opportunity for the juvenile to express his/her views. The Hearing Examiner shall explain the purpose of the parole hearing and the issues to be addressed to the juvenile.

(1) OJA staff shall provide written documentation and other information, which supports their recommendation at least seven (7) days (excluding weekends and holidays) prior to a Parole Hearing. The information shall include, but is not limited to:

(A) the number and severity of committing offense(s) and any previous offense(s);

(B) the institutional adjustment of the juvenile including any serious negative behavior; i.e., major rule violations;

(C) the existence of a workable parole placement and an adequate program in the community;

(D) the juvenile's adjustment on any weekend passes or other community release;

(E) the review of the juvenile's progress;

(F) the existence of any pending charges and the possibility of any recommitment on these charges;

(G) the juvenile's willingness to cooperate with parole supervision; and

(H) relevant conditions in the community.

(2) The juvenile may have access to information, which is submitted to the Hearing Examiner unless the Examiner considers the information harmful to the juvenile.

(3) The juvenile shall be given an opportunity to verbalize and present documentation why he/she should be granted parole and be allowed to question the Hearing Examiner and staff present about any of the documents used in the hearing.

(4) The Hearing Examiner shall consider any documentation submitted and may ask the juvenile, OJA staff, and other parties involved in the care of the juvenile questions relevant to granting or denying parole. If, in the opinion of the Hearing Examiner, a case requires an examination and opinion by a Psychiatrist or Psychologist, Certified members of the appropriate profession are available for such examination and opinions. The Hearing Examiner may access the juvenile's master file as a reference source during the hearing.

(5) When the Hearing Examiner has considered all written and oral evidence, the Hearing Examiner shall prepare a written statement of the specific factors and reasons, which support the granting or denying of parole. The Hearing Examiner shall address the parole release criteria as well as any specific concerns.

(6) A Hearing Officer or Panel may defer its decision on any case for just cause for a period not to exceed 30 days (excluding weekends and holidays). In these cases, the juvenile shall receive written notice of the reasons for the deferral with the date and time when the Parole Hearing shall resume. The hearing shall resume prior to the expiration of 30 days (excluding weekends and holidays).

(7)Presiding official is Hearing Officer.

(A) At the close of the hearing, if a Hearing Officer has presided over the Parole Hearing as provided in Rule 377:5-5-2(b), he/she shall advise the juvenile of his or her recommendation to be submitted to the Parole Board and the reasons supporting the recommendation.

(B) The Hearing Officer shall issue a written recommendation to grant or deny parole to the Parole Board within three (3) days (excluding weekends and holidays).

(C) The Parole Board shall review all records and make a decision to grant or deny parole within ten (10) days (excluding weekends and holidays) of receiving the recommendation.

(D) The decision and the reasons for the decision of the Parole Board shall be made available in writing to the appropriate staff and to the juvenile within 14 calendar days (excluding weekends and holidays) of the Hearing.

(8)Presiding official is a Panel.

(A) At the close of the hearing, if a Panel has presided over the Parole Hearing as provided in Rule 377:5-5-2(a), the panel shall advise the juvenile of the outcome of its decision to grant or deny parole and the reasons therefor.

(B) The Panel shall prepare a written decision granting or denying parole within ten (10) days (excluding weekends and holidays) of the hearing.

(C) The Panel's decision shall be made available in writing to the appropriate staff and to the juvenile within three (3) calendar days (excluding weekends and holidays) of the issuance of the decision.

(9)The parole hearing shall be recorded. A summary of the proceedings and the Hearing Examiner's recommendation or decision shall be kept in the juvenile's case record.

(10) The Parole Board or the Panel shall inform a juvenile of his or her rights to appeal decisions granting or denying parole.

(e)Persons present. Persons attending the hearing are limited to those persons necessary for the orderly and fair conduct of the hearing.

(1) A representative of the Office of Advocate General or designee shall be present at all parole hearings.

(2) The parent, guardian or legal custodian shall be provided prior notice of all Parole hearings.

(3) The JSU and Institutional workers shall be present when requested by the Hearing Examiner.

(4) The Hearing Examiner shall decide whether additional persons may be present at the parole hearing.

(f)Appeals of parole decisions. A juvenile, his or her parent, guardian, legal custodian, attorney or a representative of the Advocate General's Office, or a designee may appeal a decision of the Parole Board or that of a Panel as provided in 377:5-5-2(a) in the following manner:

(1) A written notice of appeal, stating the reasons therefor shall be submitted to the Office of Juvenile Affairs, Office of the Executive Director, within seven (7) days (excluding weekends and holidays) of the receipt of the decision granting or denying parole.

(2) The Executive Director shall consider all appeals and render a decision to sustain or deny an appeal within seven (7) days (excluding weekends and holidays). The Executive Director shall notify the juvenile, Advocate General's Office and any individual who filed on behalf of the juvenile, of his/her decision to sustain or deny the appeal.

(g)Effective date of parole. The decision of the Parole Board or the Panel's decision, if not appealed, is final within seven (7) days (excluding weekends and holidays) of the hearing.

(h)Subsequent hearings. If parole is denied, a parole hearing must be conducted every twelve (12) months in accordance with rules set forth in this section.

Okla. Admin. Code § 377:5-5-2

Added at 22 Ok Reg 2071, eff 7-1-05 ; Amended at 24 Ok Reg 1398, eff 7-1-07 ; Amended at 26 Ok Reg 2246, eff 7-1-09 ; Amended at 30 Ok Reg 703, eff 6-1-13