OAR 291-048-0290
Involuntary Assignment to Mental Health Special Housing
(1)
Notice of Hearing:(a)
The inmate shall be given written notice of the hearing by the hearings officer not less than 24 hours prior to the hearing.(b)
The notice shall include a statement of the inmate’s rights with respect to the hearing.(2)
The hearing shall be conducted by a hearings officer or other person trained in the hearings process, in the event the hearings officer is unavailable.(3)
The hearings officer shall not have participated in any previous way in the assessment process.(4)
The hearings officer may pose questions during the hearing.(5)
Representation:(a)
In all cases, the inmate is entitled to:(A)
Speak in his/her own behalf;(B)
Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be a part of record.(b)
Assistance by a staff member, inmate, or other person approved by the hearings officer will be ordered for those individuals in cases where it is found that assistance is necessary based upon language barriers or competence and capacity of the inmate.(6)
Investigation: The inmate has a right to request that an investigation be conducted. If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process.(a)
An investigation shall be conducted upon the inmate’s request if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the inmate to provide with his/her own resources.(b)
The hearings officer may order an investigation on his/her own motion.(c)
The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others.(7)
Witnesses: Inmates have the right to call witnesses to testify before the hearings officer. Witnesses may include inmates, staff, or other persons.(a)
If witnesses will be called, the inmate, prior to the hearing, must develop a list of witnesses and questions to be posed to each witness. The inmate shall bring the list of questions and the list of witnesses to the hearing.(b)
The inmate or his/her representative shall not have the right to cross examine or directly pose questions to any witness.(c)
The hearings officer may exclude a specific inmate or staff witness upon finding that the witness’ testimony would not assist in the resolution of the proceeding or presents an immediate undue hazard to facility security or the safety of its staff or others. If a witness is excluded, the reason(s) shall be made a part of the record.(d)
The hearings officer may exclude other persons as witnesses upon finding that their testifying is unduly hazardous to facility security or the safety of its staff or others; not reasonably available; or would not assist in the resolution of the action. The reason(s) for exclusion shall be made a part of the record.(e)
An inmate witness shall have the right to refuse to testify.(f)
Persons other than inmates or staff requested as witnesses shall have the right to refuse to appear or testify.(g)
The hearings officer may, on his/her own motion, call witnesses to testify.(h)
All questions which will assist in the resolution of the proceedings, as determined by the hearings officer, shall be posed. The reason(s) for not posing a question will be made a part of the record.(8)
Documentation/Reports:(a)
Inmates shall have the right to present documents/reports during the hearing.(b)
The reporting staff member, or other agents of the facility who are knowledgeable, may submit documents/reports in advance of the hearing.(c)
The hearings officer may exclude documents/reports, making a finding that such would be unduly hazardous to facility security or the safety of its staff or others, or would not assist in the resolution of the proceeding. The reason(s) for exclusion shall be made a part of the record.(d)
The hearings officer may classify documents/reports as confidential upon making a finding that revealing such would constitute a threat to the safety and security of the facility or violate statutory provisions regarding confidentiality. The reason(s) for classifying documents/reports as confidential shall be made a part of the record.(9)
Postponement:(a)
A hearing may be postponed by the hearings officer for “good cause” and for a reasonable period of time, not to exceed three working days.(b)
“Good cause” includes, but is not limited to:(A)
Illness or unavailability of the inmate;(B)
Gathering of additional evidence; or(C)
Gathering of additional documentation.(c)
The reason(s) for the postponement shall be made a part of the record.(10)
At the conclusion of the hearing, the hearings officer will deliberate and determine whether the information supports placement of the inmate in mental health special housing, taking into account any contrary information submitted by the inmate. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed three working days, for the purpose of reviewing the information.(a)
No Justification: The hearings officer may find that the information does not support placement in mental health special housing, in which case the hearings officer will recommend that the inmate return to his/her former status with all rights and privileges of that status.(b)
Justification: The hearings officer may find the report does support placement in mental health special housing, in which case the hearings officer will so inform the inmate and recommend the inmate be assigned to mental health special housing for a specified period of time as recommended by the treating practitioner and mental health treatment team, not to exceed 180 days.(11)
Hearing Record:(a)
Upon completion of a hearing, the hearings officer shall prepare a hearing record within five days following the conclusion of the hearing.(b)
The record of the formal hearing shall include:(A)
Examination reports;(B)
Notice of hearing and rights;(C)
Recording of hearing;(D)
Supporting material(s); and(E)
“Findings of Fact, Conclusion, and Recommendation” of the hearings officer.(c)
The hearings officer will retain the recording and forward to the Behavior Health Services Administrator items (A), (B), (D), and (E) of this section.
Source:
Rule 291-048-0290 — Involuntary Assignment to Mental Health Special Housing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-048-0290.