Or. Admin. Code § 291-205-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-205-0050 - General Components of the Facilitated Dialogue Program

(1) Participation in a facilitated dialogue case is voluntary for the crime victim or survivor and the inmate.

(2) A facilitated dialogue process can only be initiated by a crime victim or survivor.

(a) Inmate requests for a facilitated dialogue will not be considered by the department, except to the extent that they will be kept on file by the department in the event that an inmate's crime victim or survivor contacts the program.

(b) Crime victim or survivor requests will be considered only in relation to those crimes for which the inmate has exhausted or elected not to pursue all appeals, Board of Parole and Post-Prison Supervision administrative actions, and other legal remedies that are available to challenge the validity of the inmate's conviction and sentence.

(c) Crime victim or survivor requests may be considered for harms arising from non-adjudicated crimes if all other eligibility criteria is met.

(3) Professionally trained program facilitators with a background in related fields will conduct the facilitated dialogues. The facilitated dialogue process will be confidential, unless all parties agree in writing otherwise.

(4) Pre-dialogue preparation, including careful screening of parties to ensure safety and identify appropriate support networks, is a critical part of the facilitated dialogue process and can take months or even years to complete. Post-dialogue follow-up is essential to a successful process and could include assistance in accessing appropriate aftercare and therapeutic support. On-going evaluation of the dialogue process, program facilitators and overall program policies and procedures is critical to ensuring a quality process for the parties involved.

(5) All participants in the program and process, the crime victim or survivor, inmate, support persons, staff, or program facilitators may suspend their participation in the program or in a particular facilitated dialogue process at any time for any reason.

(6) Upon request participants must consent to disclosure of mental health information:

(a) As a requirement of program participation, the crime victim or survivor and the inmate may be asked to consent in writing to the disclosure of information related to their current psychological state, emotional strengths and weaknesses, predisposition to violence, including but not limited to any DSM-V diagnoses, to any program staff, program facilitators, or advisory committee members involved in their particular facilitated dialogue. The information will be used only to evaluate the appropriateness of the crime victim's or survivor's and the inmate's participation in the program.

(b) The crime victim or survivor or inmate may withdraw their consent to disclosure of their mental health information at any time in the facilitated dialogue by delivering a written revocation to the program staff or program facilitators involved in conducting a dialogue. Such a revocation by either the crime victim or survivor or the inmate may result in the Victim Services Program Coordinator taking steps to terminate the facilitated dialogue. The consent to disclosure of mental health information shall be limited in scope to the specific needs of a facilitated dialogue.

(c) The consent to disclosure of mental health information shall automatically terminate upon termination of the facilitated dialogue.

(7) The Facilitated Dialogue Program is not designed to be a replacement for professional counseling or therapy for any of the participants. Participants are encouraged to consult with a professional counselor or therapist to address any personal emotional or mental health issues.

(8) Facilitated Dialogue Participation Agreements: As a requirement of program participation any crime victim, survivor, inmate, program facilitators, support and other persons who will be involved in the dialogue process must enter into and agree to abide by the terms and conditions of program participation as set forth in a Participation Agreement and Facilitated Dialogue Confidentiality Agreement that will be prepared by the Facilitated Dialogue Program.

(9) Suspension/Termination of a Facilitated Dialogue Process:

(a) Program facilitators and Victim Services Advisory Committee members will immediately suspend a facilitated dialogue by having no contact with the victim, survivor, or inmate upon a decision being made by the functional unit manager or designee that there has been a violation or failure to abide by Victim Services Program rules or agreements for any reason by any participant.

(b) If a facilitated dialogue is suspended, the crime victim or survivor and the inmate are prohibited from contacting each other while the process is suspended without the prior express approval of the Facilitated Dialogue Program.

(c) Termination: The Facilitated Dialogue Program may terminate a facilitated dialogue process, including a process that has been suspended, for any reason. The Facilitated Dialogue Program decision is final, and not subject to further review by the crime victim or survivor or by the inmate.

Or. Admin. Code § 291-205-0050

DOC 12-2008(Temp). F. & cert. ef. 5-15-08 thru 11-10-08; DOC 26-2008, f. & cert. ef. 10-6-08; DOC 1-2016, f. & cert. ef. 1/21/2016; DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018; DOC 8-2018, amend filed 05/15/2018, effective 5/15/2018

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075