1. (1) In all cases, the adult in custody is entitled to:

   1. (a) Speak in his or her own behalf; and
   2. (b) Be present at all stages of the hearings process, except when the hearings officer finds that to have the adult in custody present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be part of the record.
2. (2) Assistance by a qualified and independent person approved by the hearings officer will be ordered upon a finding that assistance is necessary based upon the adult in custody’s financial inability to provide an assistant, language barriers, or competence and capacity of the adult in custody to prepare a defense, to understand the proceedings, or to understand the rights available to him or her. An adult in custody who is subject to an administrative commitment hearing may not receive assistance from another adult in custody.

Statutory/Other Authority

ORS 179.040, 179.473, 179.479 & 413.042

Statutes/Other Implemented

ORS 179.471-179.486 & 179.495-179.508

History

BHS 22-2023, minor correction filed 07/11/2023, effective 07/11/2023
MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06