OAR 291-202-0110
Sexually Violent Dangerous Offender Designation
(1)
The Board may designate an inmate or offender as a sexually violent dangerous offender only if the inmate 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 inmate or offender who has been identified as eligible for designation as a sexually violent dangerous offender designation will receive notice of the inmate’s or offender’s eligibility for designation and of the inmate’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 finding should not be made.(3)
The Board of Parole and Post-Prison Supervision will provide the inmate or offender with a copy of the SVDO-1, Notice of Rights, prior to the evidentiary hearing. Upon receipt of the Notice of Rights the inmate or offender may request an evidentiary hearing or waive his or her 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 SVDO finding. 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 inmate or offender. An inmate or offender may elect to waive the right to submit written objections.
Source:
Rule 291-202-0110 — Sexually Violent Dangerous Offender Designation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-202-0110.