Admissible evidence at disciplinary hearing
Source:
Section 421.190 — Admissible evidence at disciplinary hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors421.html.
Notes of Decisions
This section creates statutory rights only to the extent they are also constitutional rights. Bonney v. Ore. State Penitentiary, 16 Or App 509, 519 P2d 383 (1974), aff’d 270 Or 79, 526 P2d 1020 (1974)
A prisoner subject to disciplinary proceedings does not have a constitutional right to face-to-face confrontation of witnesses. Bonney v. Ore. State Penitentiary, 16 Or App 509, 519 P2d 383 (1974), aff’d 270 Or 79, 526 P2d 1020 (1974); Dragoo v. Ore. State Penitentiary, 18 Or App 662, 526 P2d 637 (1974)
When a requested witness is shown to have relevant evidence, when his live testimony would not pose a threat to institutional safety or correctional goals, and when his testimony would not tend to unduly prolong the hearing or make it unmanageable, the inmate should be allowed to present live witnesses. Bonney v. Ore. State Penitentiary, 270 Or 79, 526 P2d 1020 (1974)
The disciplinary committee’s findings that affidavits personally procured by petitioner should be viewed with distrust were based upon a nonexistent rule and were therefore improper. Chochrek v. Ore. State Penitentiary, 21 Or App 406, 534 P2d 1175 (1975)
Polygraph evidence is not admissible in prison disciplinary hearings absent a foundation consisting of the qualifications of the examiner. Williams v. Oregon State Penitentiary, 29 Or App 455, 564 P2d 706 (1977)
Disciplinary committee did not abuse its discretion under this section by denying inmate’s request for a polygraph examination. Sandlin v. Oregon Women’s Correctional Center, 28 Or App 519, 559 P2d 1308 (1977)
Prisoner was denied fair hearing where disciplinary committee member made investigation of disciplinary charge prior to the hearing, and failed to make that fact known at hearing and to set forth evidence obtained by his investigation. Fritz v. OSP, 30 Or App 1117, 569 P2d 654 (1977)
In disciplinary hearing, where inmate requested polygraph examination and did not object at hearing to consideration of polygraph results, consideration of polygraph results did not deprive inmate of opportunity for fair hearing. Snow v. OSP, 308 Or 259, 780 P2d 215 (1989)
Where evidence consisted solely of conflicting testimony, withdrawing availability of polygraph from defendant while accepting results of polygraph administered to accuser denied defendant fair hearing. Caron v. OSP, 141 Or App 347, 918 P2d 120 (1996), modified 143 Or App 238, 923 P2d 672 (1996)
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