Okla. Admin. Code § 377:5-5-5

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

Section 377:5-5-5 - Conduct of Parole Revocation and Administrative Transfer Hearings

(a) Conduct of the hearings. The Hearing Officer shall conduct the hearing to obtain accurate information upon which an informed decision can be reached.

(1) At the beginning of the hearing, the Hearing Officer shall ascertain that:

(A) notice of the hearing, including the time, date and location of the hearing, and a copy of the Application to Revoke Parole or for Administrative Transfer Hearing (ATH), were given to the juvenile, the parent, guardian or legal custodian, and legal counsel at least 24 hours before the hearing; and

(B) legal counsel is present to represent the juvenile and has been given an opportunity to prepare a defense.

(2) Only an attorney who is licensed to practice law in the State of Oklahoma shall be permitted to represent a juvenile.

(3) Persons attending the hearing are limited to those persons necessary for the orderly and fair conduct of the hearing. Hearings are conducted with a concern for privacy.

(4) Requests for continuances from any of the parties may be granted only at the discretion of the Hearing Officer. Due consideration shall be given to:

(A) the timeliness of the request;

(B) the justification;

(C) convenience to the interested parties;

(D) problems with continued detention; and

(E) the Hearing Officer's schedule.

(5) The Hearing Officer may exclude any participant from the hearing for good cause. The Hearing Officer shall state the reasons for exclusion on the record at the time it is made. However, the attorney for the juvenile and the representative of the agency shall be present continuously while the hearing is in progress.

(6) The Hearing Officer may recess the hearing at the request of either party or at his/her own initiative for a brief period of time as necessary to facilitate the hearing process. The Hearing Officer shall state for the record:

(A) the reasons for the recess;

(B) the time the recess began; and

(C) the time the recess ended.

(7) The first presenter shall be a representative of OJA. The presenter shall carry the burden of proof that the juvenile violated conditions of parole or supervised community placement.

(8) The juvenile and legal counsel shall be present while evidence is being presented. The juvenile's parent, guardian or legal custodian may be present at all times the juvenile is present, unless they are the adverse parties by the nature of the violations alleged.

(9) Either party or the Hearing Officer may invoke the "Rule of Sequestration". When the "Rule" is invoked, the Hearing Officer shall instruct all witnesses that they are to be sequestered from the hearing room, called in the order in which they are expected to testify, and are not to discuss their testimony with other witnesses.

(10) Harassment or intimidation of witnesses is not permitted.

(11) The application may be dismissed at the request of the OJA representative prior to the Hearing Officer's recommendation to sustain or deny the application.

(12) Prior to commencement of the hearing, no one shall be permitted to discuss with the Hearing Officer any facts related to issues of the hearing.

(b)Evidence. The Hearing Officer shall screen all evidence for its material value to the issues of the hearing.

(1) Hearsay evidence is considered only in light of its reliability, relevancy, necessity, and probative value. Generally, the more the information is removed from its source, the less weight it should be given. The Hearing Officer may not base a decision substantially upon hearsay evidence.

(2) Relevant evidence is admissible. Evidence is relevant if it has a tendency to prove or disprove any disputed fact issue before the Hearing Officer.

(3) The Hearing Officer shall take official notice of any fact that the courts may judicially notice and of those matters within the Hearing Officer's particular field of expertise, including policies and procedures of the agency.

(4) Written material may be introduced during the course of the hearing by either the juvenile's legal counsel or the representative of the OJA.

(c)Fact-finding standards and hearing sequence.

(1) A Hearing Officer must find by a preponderance of the evidence that:

(A) the allegations are true; and

(B) revocation or transfer is warranted under the circumstances.

(2) A preponderance of the evidence means that the evidence indicates that the facts to be proved are:

(A) credible; and

(B) more probable than not.

(3) Upon the conclusion of the hearing, the Hearing Officer may recommend that the Application to Revoke Parole or for Administrative Transfer be sustained based upon a preponderance of the evidence. The Hearing Officer shall advise the juvenile and legal counsel of the recommendation and the appeal process.

(4) The Hearing Officer shall prepare a written recommendation within three (3) working days (excluding weekends and holidays) of the hearing as to whether the juvenile's parole should be revoked or placement should be administratively transferred. The report must include the allegation(s), the finding(s) of fact, and mitigating circumstances, if any. The Hearing Officer shall submit the report to the Parole Administrator to submit to the Parole Board.

(d)Parole Board review. The Parole Board shall review the recommendation of the Hearing Officer and the entire record of the hearing and either grant or deny the application to revoke parole or administrative transfer in writing.

(e)Distribution. The Parole Administrator shall send written copies of the final decision and a copy of the written recommendation of the Hearing Officer to the juvenile, the juvenile's parent, guardian or legal custodian, legal counsel, the JSU, and the court in the county wherein the violations occurred within ten (10) working days (excluding weekends and holidays) following the hearing.

(f)Appeal. A juvenile may appeal the decision of the Parole Board to the Executive Director who has final review authority. The appeal must be filed by the juvenile within ten (10) days (excluding weekends and holidays) after receipt of the Parole Board's decision. The Executive Director shall inform all involved parties of the appeal decision within ten (10) days (excluding weekends and holidays).

(g)Recordings. Recordings of revocation hearings shall be preserved for six (6) months from the date of the hearing or as otherwise required by law.

(h)Expungement. If the Application for Revocation of Parole or Administrative Transfer is denied by the Parole Board or the Executive Director, OJA shall expunge all materials related to the alleged offense from the juvenile's case record.

Okla. Admin. Code § 377:5-5-5

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 706, eff 6-1-13