Request for appearance by prosecuting attorney at release date hearing
(1) For the purposes of obtaining additional information for the hearing, the State Board of Parole and Post-Prison Supervision may make a request to the district attorney of the county in which a person was convicted that a representative of the office of the prosecuting attorney appear at any hearing during which the board is to consider setting or resetting a release date for the person.
(2) Upon a board request for appearance at a hearing described in subsection (1) of this section, the district attorney shall:
(a) Appear at the hearing if the district attorney prosecuted the person.
(b) Notify the Attorney General of the request for appearance if the Attorney General prosecuted the person.
(3) Upon receiving notification from a district attorney of a request for appearance under subsection (2)(b) of this section, the Attorney General shall appear at the hearing described in subsection (1) of this section.
(4) Notwithstanding subsection (2)(a) of this section, a district attorney may request, and the Attorney General may agree, that the Attorney General appear at a hearing described in subsection (1) of this section in lieu of the district attorney.
(5) Any appearance at a hearing made pursuant to this section may be made in person, by telephone or by electronic communication device.
(6) Nothing in this section limits or impairs the right of a district attorney to appear at a board hearing under any other provision of law. [2015 c.161 §1]
Note: 144.740 (Request for appearance by prosecuting attorney at release date hearing) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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