Oregon Revised Statutes Chapter 144 § 144.343 — Hearing required on revocation; procedure

Hearing required on revocation; procedure. (1) When the State Board of Parole and Post-Prison Supervision or its designated representative has been informed and has reasonable grounds to believe that a person under its jurisdiction has violated a condition of parole and that revocation of parole may be warranted, the board or its designated representative shall conduct a hearing as promptly as convenient to determine whether there is probable cause to believe a violation of one or more of the conditions of parole has occurred and also conduct a parole violation hearing if necessary. Evidence received and the order of the court at a preliminary hearing under ORS 135.070 to 135.225 may be used by the board to determine the existence of probable cause. A waiver by the defendant of any preliminary hearing shall also constitute a waiver of probable cause hearing by the board. The location of the hearing shall be reasonably near the place of the alleged violation or the place of confinement. (2) The board may: (a) Reinstate or continue the alleged violator on parole subject to the same or modified conditions of parole; (b) Revoke parole and require that the parole violator serve the remaining balance of the sentence as provided by law; (c) Impose sanctions as provided in ORS 144.106; or (d) Delegate the authority, in whole or in part, granted by this subsection to its designated representative as provided by rule. (3) Within a reasonable time prior to the hearing, the board or its designated representative shall provide the parolee with written notice which shall contain the following information: (a) A concise written statement of the suspected violations and the evidence which forms the basis of the alleged violations. (b) The parolee’s right to a hearing and the time, place and purpose of the hearing. (c) The names of persons who have given adverse information upon which the alleged violations are based and the right of the parolee to have such persons present at the hearing for the purposes of confrontation and cross-examination unless it has been determined that there is good cause for not allowing confrontation. (d) The parolee’s right to present letters, documents, affidavits or persons with relevant information at the hearing unless it has been determined that informants would be subject to risk of harm if their identity were disclosed. (e) The parolee’s right to subpoena witnesses under ORS 144.347. (f) The parolee’s right to be represented by counsel and, if indigent, to have counsel appointed at board expense if the board or its designated representative determines, after request, that the request is based on a timely and colorable claim that: (A) The parolee has not committed the alleged violation of the conditions upon which the parolee is at liberty; (B) Even if the violation is a matter of public record or is uncontested, there are substantial reasons which justify or mitigate the violation and make revocation inappropriate and that the reasons are complex or otherwise difficult to develop or present; or (C) The parolee, in doubtful cases, appears to be incapable of speaking effectively on the parolee’s own behalf. (g) That the hearing is being held to determine: (A) Whether there is probable cause to believe a violation of one or more of the conditions of parole has occurred; and (B) If there is probable cause to believe a violation of one or more of the conditions of parole has occurred: (i) Whether to reinstate parole; (ii) Whether to continue the alleged violator on parole subject to the same or modified conditions of parole; or (iii) Whether to revoke parole and require that the parole violator serve a term of imprisonment consistent with ORS 144.346. (4) At the hearing the parolee shall have the right: (a) To present evidence on the parolee’s behalf, which shall include the right to present letters, documents, affidavits or persons with relevant information regarding the alleged violations; (b) To confront witnesses against the parolee unless it has been determined that there is good cause not to allow confrontation; (c) To examine information or documents which form the basis of the alleged violation unless it has been determined that informants would be subject to risk of harm if their identity is disclosed; and (d) To be represented by counsel and, if indigent, to have counsel provided at board expense if the request and determination provided in subsection (3)(f) of this section have been made. If an indigent’s request is refused, the grounds for the refusal shall be succinctly stated in the record. (5) Within a reasonable time after the preliminary hearing, the parolee shall be given a written summary of what transpired at the hearing, including the board’s or its designated representative’s decision or recommendation and reasons for the decision or recommendation and the evidence upon which the decision or recommen