OAR 859-400-0080

OAR 859-400-0080. Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition

Last amended: 2018Length: 299 wordsOfficial source
(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time: (a) Attorney representing the petitioner, if any; (b) The Attorney General’s Office; (c) If the petitioner was convicted or found Guilty Except for Insanity, and: (i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner’s sex crime was adjudicated; or (ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides. (d) The victim of the petitioner’s sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification; (e) The sheriff of the county in which petitioner resides; (f) The chief of police where petitioner resides, if applicable; and (g) Any other person requesting notification. (2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony. (3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal. (4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition.
OAR 859-400-0080: OAR 859-400-0080. Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition | Justis AI