1. (1) Inmate rights during the hearing process include:

   1. (a) The right, upon request, to discontinue emergency medications administered pursuant to OAR 291-064-0060 for 24 hours preceding the hearing and until the hearing adjourns;
   2. (b) The right to be present during the hearing;
   3. (c) The right to be heard in person and to present documentary evidence;
   4. (d) The right to present testimony through witnesses and to cross-examine witnesses that are called by the Department;
   5. (e) The right to an advisor to assist in the articulation and presentation of the inmate’s argument at the hearing;
   6. (f) The right to the creation of a record of the hearing;
   7. (g) The right to appeal the decision of the independent examining physician to the chief medical officer as provided in this rule; and
   8. (h) The right to retain counsel for the hearing at his/her own expense.

2. (2) Assignment of Advisor:

   1. (a) A Health Services staff member shall be assigned to act as the inmate’s advisor in the hearing process;

   2. (b) In assisting the inmate to articulate their objection to the recommended medications, the advisor shall:

      1. (A) Inform the inmate of his/her right to retain counsel for the hearing at his/her own expense;
      2. (B) Interview the inmate and discuss the psychiatric issues involved, and the inmate’s options;
      3. (C) Assist the inmate in articulating a list of witnesses and questions for witnesses as required in section (3) of this rule;
      4. (D) Review the inmate’s treatment record, including records of efforts made to obtain informed consent;
      5. (E) Be provided a copy of administrative rules OAR 291-064-0010 through 291-064-0140;
      6. (F) Be provided an opportunity to review any other evidence presented by the Department upon which the recommendation for involuntary administration of medications is based;
      7. (G) Be competent to understand and interpret the inmate’s rights and the hearing process;
      8. (H) Have an understanding of the psychiatric diagnosis and issues that the case may present; and
      9. (I) Appear with the inmate at the hearing before the independent examining physician.
3. (3) If the inmate wishes to present or cross-examine witnesses, he/she must provide a written request to the independent examining physician prior to the hearing, listing the names of requested witnesses and the questions to be asked of each witness.
4. (4) The inmate’s right to be present at the hearing may be limited because of his/her medical condition or because of other specific reasons relating to the interest of institutional safety and security.

5. (5) Reasons for the limitation of the right to present and cross-examine witnesses include, but are not limited to:

   1. (a) Irrelevance;
   2. (b) Redundancy;
   3. (c) Other specific reasons relating to the interest of institutional safety and security.
6. (6) The reasons for any limitation of the inmate’s rights shall be specified orally at the hearing and in writing as part of the final decision.

Statutory/Other Authority

ORS 179.040, 423.020, 423.030, 423.075 & 430.021

Statutes/Other Implemented

ORS 179.040, 423.020, 423.030, 423.075 & 430.021

History

CD 8-1995, f. 4-24-95, cert. ef. 5-1-95