Or. Admin. Code § 416-300-0060

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

Section 416-300-0060 - Formal Parole Revocation Hearing

(1) A formal parole revocation hearing must be held when a preliminary hearing officer finds that probable cause exists that an adjudicated youth has violated parole and one of the following has occurred:

(a) The preliminary hearing officer has recommended parole revocation, and the adjudicated youth has not waived the right to a formal parole revocation hearing; or

(b) The superintendent, or designee, has ordered a formal parole revocation hearing.

(2) Notice of formal parole revocation hearing:

(a) Within a reasonable time before the hearing is scheduled to occur, the parole revocation hearing committee chairperson must provide notification of the formal parole revocation hearing to the adjudicated youth and the adjudicated youth's parent, guardian, or other person who has custody of the adjudicated youth under the terms of the adjudicated youth's parole.

(b) The notice must include the following information:

(A) The time and place of the hearing;

(B) The adjudicated youth's right to a formal parole revocation hearing and the right to waive the hearing;

(C) A statement that if the adjudicated youth waives the formal parole revocation hearing, the decision of the preliminary hearing officer will become final, or that a formal parole revocation hearing will be conducted despite the waiver if the superintendent, or designee, determines that a hearing is in the best interests of the adjudicated youth;

(D) A statement that the hearing is conducted under authority of ORS 420.045 and OAR 416-300-0060;

(E) That the purpose of the formal parole revocation hearing is to determine whether the adjudicated youth has violated conditions of parole and whether there are substantial reasons that mitigate or justify any violation such that revocation is inappropriate;

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

(G) 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 formal parole revocation hearing to confront and cross-examine, unless the parole revocation hearing committee chairperson 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";

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

(I) The adjudicated youth's right to be represented by an attorney at the adjudicated youth's own expense; and

(J) The adjudicated youth's right to subpoena witnesses as provided in these rules.

(3) The adjudicated youth may request to subpoena witnesses at OYA's expense in accordance with the following procedure:

(a) If requested by the adjudicated youth or the adjudicated youth's attorney at least 72 hours before the hearing, when OYA proposes to rely on affidavits or other documentary evidence of a testimonial nature, OYA will subpoena any named witnesses responsible for such evidence, at its expense.

(b) When an adjudicated youth satisfies to the superintendent, or designee, that a supporting witness's testimony is relevant, material, and necessary, and the adjudicated youth requests that OYA subpoena the witness for the adjudicated youth at OYA's expense, the superintendent, or designee, will cause the subpoena to be served and the statutorily-prescribed fees and mileage tendered to the witness.

(c) At the discretion of the parole revocation hearing committee chairperson, and under such conditions as will ensure an appropriate record, telephone conferencing with a witness may be substituted for the witness's physical presence. The adjudicated youth must be permitted to listen and speak to the witness.

(4) Scheduling of the formal parole revocation hearing.

(a) The formal parole revocation hearing must be held as promptly as convenient to the adjudicated youth and the parole revocation hearing committee. In any event, the formal parole revocation hearing must be held within 60 days from the date the adjudicated youth is returned to a youth correction facility.

(b) Exception to section (4)(a): If an adjudicated youth has been charged with one or more law violations that are to be heard in court, parole revocation hearing procedures must be suspended pending the final disposition of the criminal prosecution if the parole violation is contingent upon the outcome of the law violation charge(s). The formal parole revocation hearing must be held within 60 days from the date the criminal prosecution is final.

(5) Formal parole revocation hearing procedures.

(a) The hearing must be conducted before a parole revocation hearing committee comprised of three OYA staff who are selected by the superintendent and who did not charge the adjudicated youth with the parole violation.

(b) The superintendent, or designee, will appoint the chairperson of the parole revocation hearing committee.

(c) Prior to the commencement of the hearing, the parole revocation hearing committee chairperson must give the adjudicated youth a written explanation of how the hearing will be conducted.

(d) The adjudicated youth will have an opportunity to be heard in person and through the adjudicated youth's attorney, if any.

(e) An audio or video recording of all oral testimony and presentations must be made. Recordings must be kept at least 120 days after the final order is issued.

(f) The hearing must be conducted in the following manner:

(A) Presentation of OYA's statement and evidence in support of the action;

(B) Presentation of the adjudicated youth's statement and evidence;

(C) Questioning, examination, or cross-examination of witnesses, unless in the opinion of the chairperson an informant or witness would be subject to risk of harm if the informant's or witness's identity is disclosed;

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

(E) If the adjudicated youth has no attorney, the superintendent, or designee, must appoint a competent staff member, not directly involved with the adjudicated youth, to assist the adjudicated youth at the hearing;

(F) The hearing may be continued with recesses as determined by the parole revocation hearing chairperson;

(G) The parole revocation hearing chairperson may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter;

(H) All testimony will be given under oath or affirmation;

(I) The burden of presenting evidence to support a fact or position rests on the proponent of that fact or position. Quantity of proof required for revocation is a preponderance of evidence;

(J) Exhibits must be marked, and the markings must identify the person offering the exhibit. OYA must retain the exhibits as part of the record; and

(K) Evidentiary rules are as follows:

(i) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs is admissible;

(ii) Irrelevant, immaterial, or unduly repetitious evidence will be excluded;

(iii) All offered evidence that is not objected to will be received by the parole revocation hearing chairperson subject to the parole revocation hearing chairperson's power to exclude irrelevant, immaterial, or unduly repetitious matter; and

(iv) Evidence objected to may be received by the parole revocation hearing chairperson with rulings on its admissibility or exclusion to be made at the hearing or at the time a final order is issued.

(6) Parole revocation hearing committee written summary.

(a) The parole revocation hearing committee will issue a proposed order that contains:

(A) 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, the adjudicated youth's response and presentation, and a recommendation for action;

(B) Rulings on admissibility of offered evidence and other matters;

(C) Findings of fact (each ultimate fact as determined by the parole revocation hearing committee based on the evidence before it); and

(D) Conclusions and recommendations for action by the superintendent, or designee.

(b) The superintendent, or designee, must provide the adjudicated youth a copy of the proposed order with the parole revocation hearing committee's findings of fact and conclusions.

(c) The superintendent, or designee, must notify the adjudicated youth that the adjudicated youth may file written objections to the proposed order. The written objections must be received by the superintendent, or designee, within 10 calendar days from the date the adjudicated youth receives the written summary. At the option of the superintendent, or designee, the adjudicated youth may present exceptions or objections orally.

(7) Final order:

(a) After reviewing any exceptions and objections presented by the adjudicated youth, the superintendent, or designee, must issue a final order.

(A) The order must indicate the action taken by the superintendent, or designee. The action will either incorporate the recommendations of the parole revocation hearing committee or set forth the superintendent's own findings of fact, conclusions and rulings on admissibility of evidence and other matters.

(B) The superintendent's, or designee's, order will also set forth the adjudicated youth's right to petition for reconsideration or rehearing of the order, and the statutes under which the order may be judicially appealed.

(b) The adjudicated youth's committing court must be immediately notified of the final order.

(c) The adjudicated youth must be given a copy of the final order.

(8) Reconsideration of final order.

(a) The adjudicated youth may file a petition for reconsideration or rehearing of a final order with the superintendent, or designee, within 30 days after the order is received by the adjudicated youth. A petition for reconsideration is deemed filed when it is physically received by the superintendent, or designee.

(A) The petition must set forth the specific ground(s) for the reconsideration or rehearing.

(B) The petition may be supported by a written argument.

(b) The superintendent, or designee, must respond to the petition within 30 calendar days from the date the superintendent, or designee, receives the petition.

(c) The superintendent, or designee, may grant a reconsideration petition if the superintendent, or designee, finds sufficient reasons to justify reconsideration.

(d) If the superintendent, or designee, concurs that the order should be changed in whole or in part, an amended order must be issued.

(e) The superintendent, or designee, may grant a petition to rehear the revocation proceeding. The rehearing may be limited to specific matters.

(f) If a rehearing is held and a change in the original order becomes necessary, an amended final order must be issued.

Or. Admin. Code § 416-300-0060

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

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