OAR 255-075-0042
Probable Cause; Preliminary Hearing; Deferral of Revocation Hearing

(1)

The Sanction Authority or Hearings Officer may use evidence received and the order of a court at a preliminary hearing or a conviction or other reliable, relevant information to establish that probable cause exists to believe that the offender has committed a violation of a condition of parole or post-prison supervision.

(2)

Should the offender waive the right to a preliminary hearing, the waiver shall constitute a waiver of a probable cause hearing.

(3)

When the Sanction Authority or Hearings Officer defers completion of a violation hearing until a trial is over and until the court or the parole and post-prison supervision officer notifies the Sanction Authority or Hearings Officer of the final disposition of the case, the Sanction Authority or Hearings Officer shall use a finding of probable cause to support the decision to suspend and detain an offender charged with the commission of a new crime.

(4)

Notwithstanding subsection (3) of this section, the Sanction Authority or Hearings Officer shall not extend a deferral following a finding of probable cause for a period greater than 120 days from the date of the preliminary hearing or waiver, unless the offender is released from jail pending final disposition of the case, or waives in writing further delay. Subsequent waivers shall not extend beyond 120 days.

Source: Rule 255-075-0042 — Probable Cause; Preliminary Hearing; Deferral of Revocation Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=255-075-0042.

255‑075‑0001
Definitions 255‑075‑0002
Suspension of Parole or Post-Prison Supervision 255‑075‑0003
Criteria for Allowing Offender to Remain in Community Pending Hearing 255‑075‑0004
Guidelines for “Best Interest” Return 255‑075‑0005
Hearing Requirement: Procedure 255‑075‑0006
Method of Hearing 255‑075‑0007
Designated Representative Conducts Hearing 255‑075‑0015
When Offender in Another Jurisdiction: Return 255‑075‑0025
Rights at Hearing 255‑075‑0026
Waiver of Hearing 255‑075‑0030
Board Rejection of Waiver 255‑075‑0031
Hearings Process 255‑075‑0035
Representation/Ability to Pay Attorney Fees 255‑075‑0036
Board Subpoenas 255‑075‑0040
Compelling of Witnesses: Contempt 255‑075‑0042
Probable Cause 255‑075‑0045
Evidence 255‑075‑0046
Postponement 255‑075‑0055
Reopening Hearings: Criteria 255‑075‑0056
Hearings Record 255‑075‑0065
Ten Day Period for Offender’s Evidence and Exceptions 255‑075‑0067
Final Action: Authority to Impose Administrative (Local) Sanctions, Revoke Supervision or Modify Conditions of Supervision 255‑075‑0070
Final Action: Procedure 255‑075‑0072
Re-release Order After Revocation 255‑075‑0073
Return to DOC for a Period of Greater than 12 Months 255‑075‑0075
Parolees/Offenders Convicted of New Crime in This or Another Jurisdiction 255‑075‑0078
Commencement Date for Prison Term Following a Violation 255‑075‑0079
Guidelines for Re-release 255‑075‑0080
Continuance on Parole or Supervision 255‑075‑0096
Denial of Rerelease Consideration 255‑075‑0097
Time for Future Disposition Hearing 255‑075‑0098
Restoration of Statutory and Meritorious Goodtime 255‑075‑0100
Future Disposition Hearing Packet
Last Updated

Jun. 8, 2021

Rule 255-075-0042’s source at or​.us