OAR 291-202-0120: Sexually Violent Dangerous Offender Evidentiary Hearing

(1) The purposes of the evidentiary hearing are to: (a) Determine whether the AIC or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1 )( a) and (b ) and; (b) Determine if there is a substantial probability of the AIC or offender committing one of the offenses listed in OAR 291-202-0100(1 )( a). (2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the AIC or offender should be designated as a sexually violent dangerous offender. A finding that an AIC 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 AIC 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. (3) When an AIC 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 AIC or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations. (4) A finding that an AIC or offender is a sexually violent dangerous offender will be contained in the AIC’s or offender’s original order of supervision or an amended order of supervision.