Or. Admin. Code § 416-150-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 416-150-0010 - Law Enforcement Interrogation or Polygraph

When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination of a youth in custody suspected of violating the law or having knowledge of a law violation, OYA staff will do the following:

(1) Obtain consent from the parole/probation supervisor, or facility superintendent/camp director;

(2) Obtain consent from the youth in custody following informed consent procedures;

(3) Assure the LEA representative has proper identification; and

(4) Determine if the LEA representative has a warrant.

(a) If a warrant exists, OYA staff will assist the LEA representative insofar as such assistance does not infringe upon the youth in custody's right to remain silent and to have legal representation present.

(b) If no warrant exists, OYA staff will ensure that:

(A) The youth in custody's legal guardian, if other than OYA, consents to the interrogation or polygraph; and

(B) The youth in custody's attorney, if any, is notified.

Or. Admin. Code § 416-150-0010

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 2-2004, f. & cert. ef. 5-14-04; OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010