OAR 291-202-0120
Sexually Violent Dangerous Offender Evidentiary Hearing
(1)
The purposes of the evidentiary hearing are to:(a)
Determine whether the inmate or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100 (Offenders Eligible for Sexually Violent Dangerous Offender Designation)(1)(a) & (b), and;(b)
Determine if there is a substantial probability of inmate’s or offender’s committing one of the offenses listed in OAR 291-202-0100 (Offenders Eligible for Sexually Violent Dangerous Offender Designation)(1)(a).(2)
At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the inmate or offender should be designated as a sexually violent dangerous offender. A finding that an inmate 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 inmate 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 (When board decision must be reviewed by at least three board members).(3)
When an inmate 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 inmate or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations.(4)
A finding that an inmate or offender is a sexually violent dangerous offender will be contained in the inmate’s or offender’s original order of supervision or an amended order of supervision.
Source:
Rule 291-202-0120 — Sexually Violent Dangerous Offender Evidentiary Hearing, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-202-0120.