Or. Admin. Code § 291-202-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-202-0110 - Sexually Violent Dangerous Offender Designation

(1) The Board of Parole and Post-Prison Supervision may designate an AIC or offender as a sexually violent dangerous offender only if the AIC or offender:

(a) Participated in or refused to participate in a psychological evaluation ordered by the Board of Parole and Post-Prison Supervision; and,

(b) Requested an evidentiary hearing in accordance with these rules or waived entitlement to such a hearing.

(2) An AIC or offender who has been identified as eligible for designation as a sexually violent dangerous offender will receive notice of the AIC's or offender's eligibility for designation as a sexually violent dangerous offender and of the AIC's or offender's right to request a hearing before the Board of Parole and Post-Prison Supervision to present evidence why the sexually violent dangerous offender designation should not be made.

(3) The Board of Parole and Post-Prison Supervision will provide the AIC or offender with a copy of the Sexually Violent Dangerous Offender Designation: Notice of Rights (SVDO-1 Notice of Rights) prior to the evidentiary hearing. Upon receipt of the SVDO-1 Notice of Rights, the AIC or offender may request an evidentiary hearing or waive the right to the hearing.

(4) The Board of Parole and Post-Prison Supervision must receive and review the signed SVDO-1 Notice of Rights before an evidentiary hearing is conducted or waived to determine a sexually violent dangerous offender designation. A refusal to participate in the hearings process shall also constitute a waiver of the right to a hearing.

(5) The Board of Parole and Post-Prison Supervision will consider any written objections to the psychological evaluation that are submitted by the AIC or offender. An AIC or offender may elect to waive the right to submit written objections.

Or. Admin. Code § 291-202-0110

DOC 1-2011, f. & cert. ef. 1-28-11; DOC 6-2024, amend filed 04/29/2024, effective 4/29/2024

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075