Oregon Administrative Rules › Chapter 416 - OREGON YOUTH AUTHORITY › Division 800 - CRIMINAL RECORDS CHECKS › Section 416-800-0050 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If OYA elects to conduct a Criminal
			 Records Check, OYA must make a Fitness Determination about a Subject Individual
			 based on information provided by the Subject Individual under OAR
			 416-800-0030(1), the Criminal Records Check(s) conducted, if any, and any False
			 Statements made by the Subject Individual.
(2) In making a Fitness Determination about a
			 Subject Individual, OYA will consider the factors in subsections (2)(a)-(f) of
			 this rule in relation to information provided by the Subject Individual under
			 OAR 416-800-0030(1), any information obtained through a Criminal Records Check,
			 and any False Statement made by the Subject Individual. To assist in
			 considering these factors, OYA may obtain other information deemed relevant
			 from the Subject Individual or any other source, including law enforcement and
			 criminal justice agencies or courts within or outside of Oregon. To acquire
			 other relevant information from the Subject Individual, OYA may request to meet
			 with the Subject Individual, to receive written materials from him or her, or
			 both. OYA will use all collected information in considering:
(a) Whether the Subject Individual has, pled
			 nolo contendere (or no contest) to, been convicted of, found guilty except for
			 insanity (or a comparable disposition) of, or has a pending indictment for a
			 crime listed in OAR 416-800-0055;
(b) Whether the Subject Individual is being
			 investigated for, has been arrested for, has an outstanding warrant for, or has
			 been charged with a crime listed under OAR 416-800-0055.
(c) Whether the Subject Individual is
			 currently on probation, parole, or any form of post-prison supervision for a
			 crime listed in OAR 416-800-0055.
(d) Whether the Subject Individual has a
			 deferred sentence or conditional discharge in connection with a crime listed in
			 OAR 416-800-0055.
(e) Whether the
			 Subject Individual has been adjudicated in a juvenile court and found to be
			 within the court's jurisdiction for an offense that would have constituted a
			 crime listed in OAR 416-800-0055  if committed by an adult.
(f) The nature of any crime identified under
			 subsection (2)(a);
(g) The facts
			 that support the arrest, conviction, finding of guilty except for insanity, or
			 pending indictment;
(h) The facts
			 that indicate the Subject Individual made a False Statement;
(i) The relevance, if any, of a crime
			 identified under subsection (2)(a) or of a False Statement made by the Subject
			 Individual to the specific requirements of the Subject Individual's present or
			 proposed position, services or employment; and
(j) Intervening circumstances, to the extent
			 that they are relevant to the responsibilities and circumstances of the
			 services or employment for which the Fitness Determination is being made,
			 including, but not limited to:
(A) The
			 passage of time since the commission or alleged commission of a crime
			 identified under subsection (2)(a);
(B) The age of the Subject Individual at the
			 time of the commission or alleged commission of a crime identified under
			 subsection (2)(a);
(C) The
			 likelihood of a repetition of offenses or of the commission of another crime;
(D) The subsequent commission of
			 another crime listed in OAR 416-800-0055;
(E) Whether a Conviction identified under
			 subsection (2)(a) has been set aside or pardoned, and the legal effect of
			 setting aside the Conviction or of a pardon; and
(F) A recommendation of an employer.