Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 58 - STRUCTURED, INTERMEDIATE SANCTIONS › Section 291-058-0040 - Identification and Presentation of Violation Behavior

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon identifying violation behavior, the
			 officer will prepare and present to the offender a copy of the Violation
			 Report/Sanction Reporting form describing the alleged violation
			 behavior.
(2) Notice of
			 Rights/Decisions about Rights:
(a) Probation
			 Cases: Using the Department of Corrections Notice of Rights form, the offender
			 shall be notified of his/her rights to a violation hearing before the court, to
			 be represented by an attorney at the hearing, and to have an attorney appointed
			 for him/her at state expense if he/she cannot afford one.
(b) Parole and Post-Prison Supervision Cases:
			 Using the Board of Parole and Post-Prison Supervision or local supervisory
			 authority Notice of Rights form for parole and post-prison supervision
			 offenders, the offender shall be notified of his/her rights to a violation
			 hearing before the Board of Parole and Post-Prison Supervision or local
			 supervisory authority.
(c) Compact
			 Cases: Using the Compact Notice of Rights form for compact offenders, the
			 offender shall be notified of his/her rights to a violation hearing before an
			 assigned hearings officer.
(d)
			 Short-Term Transitional Leave and Nonprison Leave Cases: Using the Department
			 of Corrections Notice of Rights form, the inmate shall be notified of his/her
			 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 offender chooses to
			 waive his/her 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 offender at the time of or after the
			 offender is presented with a copy of the Violation Report/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 offender if he/she can read and understand the Notice of
			 Rights form printed in the English language. If the offender informs the person
			 administering the Notice of Rights that he/she cannot read the form, but can
			 understand the English language, the person shall read the Notice of Rights
			 form to the offender. If the offender informs the person administering the
			 Notice of Rights that he/she cannot read or understand the English language,
			 the person shall provide the offender with a form in the offender'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 offender indicates to the person
			 administering the Notice of Rights that he/she understands his/her rights as
			 stated in the Notice of Rights form, the offender shall sign the Notice of
			 Rights form acknowledging that the offender understands his/her rights, and
			 indicate by checking the appropriate box on the form whether he/she wants 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 offender refuses
			 to sign the form acknowledging he/she has read, or has had read to him/her, and
			 understands 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 as necessary, the offender indicates to
			 the person administering the Notice of Rights that he/she does not understand
			 his/her 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.