Or. Admin. Code § 291-202-0110 - Sexually Violent Dangerous Offender Designation
(1) The Board of Parole and Post-Prison
Supervision may designate an AIC or offender as a sexually violent dangerous
offender only if the AIC or offender:
(a)
Participated in or refused to participate in a psychological evaluation ordered
by the Board of Parole and Post-Prison Supervision; and,
(b) Requested an evidentiary hearing in
accordance with these rules or waived entitlement to such a hearing.
(2) An AIC or offender who has
been identified as eligible for designation as a sexually violent dangerous
offender will receive notice of the AIC's or offender's eligibility for
designation as a sexually violent dangerous offender and of the AIC's or
offender's right to request a hearing before the Board of Parole and
Post-Prison Supervision to present evidence why the sexually violent dangerous
offender designation should not be made.
(3) The Board of Parole and Post-Prison
Supervision will provide the AIC or offender with a copy of the Sexually
Violent Dangerous Offender Designation: Notice of Rights (SVDO-1 Notice of
Rights) prior to the evidentiary hearing. Upon receipt of the SVDO-1 Notice of
Rights, the AIC or offender may request an evidentiary hearing or waive the
right to the hearing.
(4) The Board
of Parole and Post-Prison Supervision must receive and review the signed SVDO-1
Notice of Rights before an evidentiary hearing is conducted or waived to
determine a sexually violent dangerous offender designation. A refusal to
participate in the hearings process shall also constitute a waiver of the right
to a hearing.
(5) The Board of
Parole and Post-Prison Supervision will consider any written objections to the
psychological evaluation that are submitted by the AIC or offender. An AIC or
offender may elect to waive the right to submit written objections.
Notes
Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
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