Or. Admin. Code § 291-058-0040

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

Section 291-058-0040 - [Effective until 2/27/2025] Identification and Presentation of Violation Behavior

(1) Upon identifying violation behavior, the officer will prepare and present to the adult on supervision a copy of a Department of Corrections violation and structured sanction reporting form describing the alleged violation behavior.

(2) Notice of Rights and Decisions About Rights:

(a) Probation Cases: Using a Department of Corrections Notice of Rights form (CD1272), the adult on supervision shall be notified of their rights to a violation hearing before the court, to be represented by an attorney at the hearing, and to have an attorney appointed for them at state expense if they cannot afford one.

(b) Parole and Post-Prison Supervision Cases: Using a Board of Parole and Post-Prison Supervision or local supervisory authority Notice of Rights form for those on parole and post-prison supervision, the adult on supervision shall be notified of their rights to a violation hearing before the Board of Parole and Post-Prison Supervision or local supervisory authority.

(c) Compact Cases: Using a Compact Notice of Rights form for those on compact supervision, the adult on supervision shall be notified of their rights to a violation hearing before an assigned hearings officer.

(d) Short-Term Transitional Leave and Nonprison Leave Cases: Using a Department of Corrections Notice of Rights form (CD1497), the adult on supervision shall be notified of their rights to a violation hearing before an assigned hearings officer.

(e) All Notice of Rights forms shall include a description of the sanction which will be imposed if the adult on supervision chooses to waive their right to a violation hearing and right to counsel, and in lieu of a violation hearing elects to participate in the administrative sanctioning process.

(f) A copy of the Notice of Rights form shall be provided to the adult on supervision at the time of or after the adult on supervision is presented with a copy of the Department of Corrections violation and structured sanction reporting form describing the alleged violation behavior, and prior to the imposition of sanctions. The Notice of Rights may be administered by any agency personnel or other person at the direction of agency personnel.

(g) The person administering the Notice of Rights shall ask the adult on supervision if they can read and understand the Notice of Rights form printed in the English language. If the adult on supervision informs the person administering the Notice of Rights that they cannot read the form, but can understand the English language, the person shall read the Notice of Rights form to the adult on supervision. If the adult on supervision informs the person administering the Notice of Rights that they cannot read or understand the English language, the person shall provide the adult on supervision with a Notice of Rights in the adult on supervision's language if available, or when necessary, through a language interpreter.

(h) If, after receiving Notice of Rights in writing or orally as necessary, the adult on supervision indicates to the person administering the Notice of Rights that they understand their rights as stated in the Notice of Rights form, the adult on supervision shall sign the Notice of Rights form acknowledging that the adult on supervision understands their rights, and indicate by checking the appropriate box on the form whether they want a violation hearing before the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority or to accept the administrative sanction listed on the form. If an adult on supervision refuses to sign the form acknowledging that they have read or have been read the Notice of Rights and that they understand the Notice of Rights, the person administering the Notice of Rights shall so indicate on the Notice of Rights form, and the officer shall report the violation behavior to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority for disposition in lieu of proceeding with the administrative sanctioning process.

(i) If, after receiving Notice of Rights in writing or orally, the adult on supervision indicates to the person administering the Notice of Rights that they do not understand their rights as stated in the Notice of Rights form, the officer shall report the violation behavior to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority for disposition in lieu of proceeding with the administrative sanctioning process. For compact cases, a probable cause hearing shall be scheduled with an assigned hearings officer.

(3) If the adult on supervision admits to the alleged violation behavior or affirmatively chooses not to contest the information regarding the alleged violation behavior and the adult on supervision accepts the administrative sanction to be imposed by the sanctioning agency as listed on the Notice of Rights form, the sanctioning agency shall impose the administrative sanction.

(4) If the adult on supervision denies or otherwise contests the alleged violation behavior or does not accept the administrative sanction to be imposed by the sanctioning agency as listed on the Notice of Rights form, the officer shall report the violation behavior to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority for disposition in lieu of proceeding with the administrative sanctioning process. For compact cases, a probable cause hearing shall be scheduled with an assigned hearings officer.

Or. Admin. Code § 291-058-0040

CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93; CD 8-1994, f. 3-18-94, cert. ef. 3-29-94; CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98; DOC 11-1998, f. & cert. ef. 5-19-98; DOC 8-2009, f. & cert. ef. 5-29-09; DOC 7-2017, f. & cert. ef. 5/17/2017; DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017; DOC 10-2019, amend filed 06/19/2019, effective 6/19/2019; DOC 19-2024, temporary amend filed 08/28/2024, effective 9/1/2024 through 2/27/2025

Statutory/Other Authority: ORS 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592, 137.593, 137.595, 144.104, 144.106 & 144.108

Statutes/Other Implemented: ORS 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592, 137.593, 137.595, 144.104, 144.106 & 144.108