Or. Admin. R. 291-202-0120

Current through Register Vol. 63, No. 6, June 1, 2024

Section 291-202-0120 - Sexually Violent Dangerous Offender Evidentiary Hearing

(1) The purposes of the evidentiary hearing are to:

(a) Determine whether the AIC or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1)(a) and (b) and;

(b) Determine if there is a substantial probability of the AIC or offender committing one of the offenses listed in OAR 291-202-0100(1)(a).

(2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the AIC or offender should be designated as a sexually violent dangerous offender. A finding that an AIC or offender is a sexually violent dangerous offender may be made by two Board of Parole and Post-Prison Supervision members, except in the case of an AIC or offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054.

(3) When an AIC or offender eligible for designation as a sexually violent dangerous offender has waived the right to an evidentiary hearing, the Board of Parole and Post-Prison Supervision will make the determination whether to designate the AIC or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations.

(4) A finding that an AIC or offender is a sexually violent dangerous offender will be contained in the AIC's or offender's original order of supervision or an amended order of supervision.

Or. Admin. R. 291-202-0120

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