Or. Admin. Code § 416-300-0050

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

Section 416-300-0050 - Preliminary Parole Revocation Hearing

(1) The preliminary parole revocation hearing must be conducted by a hearing officer who is a person designated by the OYA director to conduct a preliminary parole revocation hearing for a paroled adjudicated youth. The officer must be someone other than the person bringing allegations against the adjudicated youth that may result in the adjudicated youth's parole revocation.

(2) Notice of preliminary parole revocation hearing.

(a) Before a preliminary hearing is conducted, the preliminary hearing officer must ensure that written notice of the hearing is provided to the adjudicated youth and the adjudicated youth's parent, guardian, or other person who has legal custody of the adjudicated youth under the terms of the adjudicated youth's parole.

(b) The notice will include the following information:

(A) The time and place of the preliminary parole revocation hearing;

(B) A statement that the hearing is conducted under authority of ORS 420A.115(2) and OAR 416-300-0050;

(C) That the purpose of the preliminary hearing is to determine whether probable cause exists to believe parole has been violated and, if so, whether parole should be revoked or whether intermediate sanctions are appropriate;

(D) The adjudicated youth's right to a preliminary hearing;

(E) A concise statement of each alleged parole violation or other reason for revocation, and relevant supporting evidence;

(F) The names of persons who have given information on the alleged violation, and the adjudicated youth's right to have these persons present at the preliminary hearing to confront and cross-examine them, unless the hearing officer determines that an informant or witness would be subjected to risk of harm if the informant's or witness's identity is disclosed. If names of persons are omitted from the notice, each omitted person will be listed as "Name Withheld";

(G) The adjudicated youth's right to admit or deny the allegations and to present letters, documents, affidavits or persons with relevant information at the preliminary hearing in support of the adjudicated youth's defense or contentions; and

(H) The adjudicated youth's right to be represented by an attorney at the adjudicated youth's own expense.

(3) Prior to the preliminary hearing, the hearing officer will ensure that the adjudicated youth:

(a) Is provided copies of all documentary evidence that will be used against the adjudicated youth; and

(b) Has reasonable time to prepare for the preliminary hearing.

(4) Conducting the preliminary hearing.

(a) The preliminary hearing will be held at a place determined to be in the best interests of the adjudicated youth, taking into account the location of evidence, travel conditions, security, and the adjudicated youth's welfare.

(b) The preliminary hearing must be held promptly at a time convenient to the adjudicated youth and the hearing officer.

(c) The adjudicated youth must be given opportunity to appear and speak on the adjudicated youth's behalf, to admit or deny the allegations, and to present any relevant evidence.

(d) The adjudicated youth is allowed a reasonable opportunity to fully present the adjudicated youth's case.

(e) The adjudicated youth's attorney, if any, may cross-examine witnesses, unless the hearing officer determines that it is necessary to deny cross-examination to preserve the anonymity of the witness.

(5) Results of the preliminary hearing.

(a) The hearing officer will make a written summary of what occurred at the hearing, including the substance of the documentary and testimonial evidence given in support of a parole revocation or intermediate sanction and of the adjudicated youth's response and presentation.

(b) Based upon the information presented at the hearing, the hearing officer will determine whether probable cause exists to believe that the adjudicated youth violated condition(s) of parole. If the hearing officer determines that probable cause exists that the adjudicated youth violated condition(s) of parole, the hearing officer may:

(A) Recommend that the superintendent revoke parole; or

(B) In agreement with the adjudicated youth's JPPO, impose an intermediate sanction other than revocation of parole.

(c) In addition to any time spent in detention or jail, the adjudicated youth may be held in detention or jail up to eight calendar days as an intermediate sanction in lieu of parole revocation based on agreement between the appropriate juvenile department authority and the OYA Community Services assistant director, or designee. The decision will be based on the local detention facility's policy guidelines, good casework practice, and available funds to support the stay.

(d) The hearing officer must notify the adjudicated youth and the superintendent, or designee, of the determination. The notice may first be made orally, but the determination must be documented in a written findings report.

(6) Adjudicated youth's right to waive formal parole revocation hearing.

Following the preliminary hearing, the adjudicated youth is entitled to a formal parole revocation hearing but may choose to waive the right to the hearing. Before OYA accepts such waiver, the following conditions must be met:

(a) The adjudicated youth must be given written notification of the adjudicated youth's rights, including the right to speak with an attorney at the adjudicated youth's expense before making a decision about a waiver.

(b) OYA staff are prohibited from influencing the adjudicated youth's decision to waive the right to a formal parole revocation hearing.

(c) Any time after a waiver has been made, the superintendent, or designee, may review the waiver and cause a formal parole revocation hearing to be held, if the superintendent, or designee, believes such hearing is in the best interest of the adjudicated youth.

(7) Reconsideration

(a) Notwithstanding the adjudicated youth's waiver of a formal parole revocation hearing, the adjudicated youth may file a petition for reconsideration of the preliminary hearing officer's report with the superintendent within 30 days of receiving the report.

(b) The superintendent, or designee, may grant or deny the petition for reconsideration of the preliminary hearing findings. If the superintendent, or designee, finds sufficient reason to justify reconsideration, the reconsideration will result in a formal parole revocation hearing.

(c) After reviewing the hearing officer's report, the superintendent, or designee, may order a formal parole revocation hearing, regardless of whether the adjudicated youth has waived the right to a formal parole revocation hearing.

Or. Admin. Code § 416-300-0050

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 24-2005, f. & cert. ef. 11-8-05; OYA 6-2016, f. & cert. ef. 7/18/2016; OYA 16-2022, amend filed 12/13/2022, effective 12/14/2022

Statutory/Other Authority: ORS 420A.025 & 420A.120

Statutes/Other Implemented: ORS 419C.481, 420.045, 420A.115 & 420A.120