Or. Admin. Code § 291-046-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-046-0030 - Hearings Process

(1) Each inmate placed involuntarily in administrative housing will receive a hearing as described below if the involuntary placement request exceeds 30 days. The hearing shall occur within 30 days, if he/she is placed in administrative housing without a hearing as permitted in OAR 291-046-0025. It is the responsibility of each functional unit manager to notify the hearings officer of the need for a hearing and to provide him/her with a Request for Administrative Housing (CD1482) containing the allegations justifying such action, including a recommendation for length of stay not to exceed 180 days.

(2) The hearing shall be conducted by a hearings officer, or other person trained in the hearings process, in the event the hearings officer is unavailable.

(3) Prior to the hearing, the hearings officer shall review the involuntary housing assignment request to determine if there is sufficient evidence to proceed with a hearing. If the request is not complete, it will be returned to the functional unit manager for resubmission.

(4) The hearings officer shall not have participated in the case as a charging, investigating, or reviewing officer. Further, no person shall serve as a hearings officer who was a witness to the allegations or has personal knowledge of any disputed material fact relating to the case being heard.

(5) The hearings officer may pose questions during the hearing.

(6) The evidence considered by the hearings officer will be of such reliability as would be considered by reasonable persons in the conduct of their serious affairs.

(a) When confidential informant testimony is submitted to the hearings officer, the identity of the informant and the verbatim statement of the informant shall be revealed to the hearings officer in writing, but shall remain confidential.

(b) In order for the hearings officer to rely on the testimony of a confidential informant, information must be submitted to the hearings officer from which the hearings officer can find that the informant is a person who can be believed or that the information provided in the case at issue is truthful.

(7) Behavioral Health Services staff will be notified when inmates with either mental health or developmental disability issues are placed in administrative housing or are scheduled for an involuntary administrative housing hearing.

(8) At the conclusion of the hearing, the hearings officer will decide whether the factual allegations support involuntary placement of the inmate in administrative segregation or protective custody. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed five days, for the purpose of reviewing the evidence.

Or. Admin. Code § 291-046-0030

CD 7-1980(Temp), f. & ef. 4-1-80; CD 19-1980, f. & ef. 5-30-80; CD 47-1985, f. & ef. 8-16-85; CD 30-1997, f. 12-19-97, cert. ef. 1-1-98; DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075