Or. Admin. Code § 291-202-0120 - Sexually Violent Dangerous Offender Evidentiary Hearing
(1) The purposes of
the evidentiary hearing are to:
(a) Determine
whether the AIC or offender meets the criteria of a sexually violent dangerous
offender as defined in OAR 291-202-0100(1)(a) and (b) and;
(b) Determine if there is a substantial
probability of the AIC or offender committing one of the offenses listed in OAR
291-202-0100(1)(a).
(2)
At the conclusion of the evidentiary hearing, the Board of Parole and
Post-Prison Supervision will determine whether the AIC or offender should be
designated as a sexually violent dangerous offender. A finding that an AIC or
offender is a sexually violent dangerous offender may be made by two Board of
Parole and Post-Prison Supervision members, except in the case of an AIC or
offender who has been sentenced to life imprisonment or convicted of a crime
involving the death of a victim, pursuant to ORS 144.054.
(3) When an AIC or offender eligible for
designation as a sexually violent dangerous offender has waived the right to an
evidentiary hearing, the Board of Parole and Post-Prison Supervision will make
the determination whether to designate the AIC or offender a sexually violent
dangerous offender based on all the information in the record, including any
psychological evaluations.
(4) A
finding that an AIC or offender is a sexually violent dangerous offender will
be contained in the AIC's or offender's original order of supervision or an
amended order of supervision.
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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