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Oregon Revised Statutes

Or. Rev. Stat. § 421.190 (2026)

Admissible evidence at disciplinary hearing

✓ current as of May 2026
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      421.190 Admissible evidence at disciplinary hearing. Evidence may be received at disciplinary hearings even though inadmissible under rules of evidence applicable to court procedure and the department shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to afford the adult in custody a reasonable opportunity for a fair hearing. [1973 c.621 §6; 1987 c.320 §179; 2019 c.213 §77]

Notes of Decisions
Cited in 16 cases, 1974–1996 · leading case: Snow v. Oregon State Penitentiary, 780 P.2d 215 (Or. 1989).
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Snow v. Oregon State Penitentiary, 780 P.2d 215 (Or. 1989). · cites it 8× “Rather, it was controlled by ORS 421.190 and OAR 291-46-030. Accordingly, Brown and Lyon are not controlling here.”
Fritz v. Oregon State Penitentiary, Etc., 569 P.2d 654 (Or. Ct. App. 1977). · cites it 4× “Petitioner contends that he was denied a fair hearing as required by ORS 421.190 and due process because one of the members of the committee was biased.”
Sandlin v. Oregon Women's Corr. Ctr., 559 P.2d 1308 (Or. Ct. App. 1977). · cites it 4× “This rule would not, however, necessarily preclude their admission in evidence in prison disciplinary proceedings in view of the language of ORS 421.190, quoted above. By the same token, this language does not compel the committee to grant petitioner’s request in the instant…”
Bonney v. Oregon State Penitentiary, Cor. Div., 519 P.2d 383 (Or. Ct. App. 1974). · cites it 4× “” ORS 421.190. Specifically, petitioner contends that: (1) Rule IV (2) is invalid under ORS 421.”
Wiggett v. Oregon State Penitentiary, 738 P.2d 580 (Or. Ct. App. 1987). · cites it 2× “" ORS 421.190. An inmate who faces an accusation from another unnamed inmate will often have little ability to respond in any way other than by simply denying the accusation.”
Williams v. Oregon State Pen., Corr. Div., 564 P.2d 706 (Or. Ct. App. 1977). · cites it 2× “The results of this test, which indicated that petitioner had responded deceptively to questions about his involvement in procuring narcotics for the inmates of the prison, were introduced into evidence at the hearing conducted by the disciplinary committee. Petitioner contends…”
Rutherford v. Oregon State Penitentiary, Etc., 592 P.2d 1028 (Or. Ct. App. 1979). · cites it 2× “” ORS 421.190. "If an order places an inmate in segregation or isolation status for more than seven days, institutionally transfers him for disciplinary reasons or provides for nondeduction from the term of his sentence under paragraphs (a) and (b) of subsection (1) of ORS 421.”
State Ex Rel. Hall v. Riggs, 877 P.2d 56 (Or. 1994). “With one amendment not pertinent here, section 6 now is codified as ORS 421.190. As enacted, it provided: “Evidence may be received at disciplinary hearings even though inadmissible under rules of evidence applicable to *289 court procedure and the [Department of Corrections]…”
Bishop v. Oregon State Pen., Cor. Div., 581 P.2d 122 (Or. Ct. App. 1978). “OWCC, 28 Or App 519 , 559 P2d 1308 (1977), that constitutional due process does not require the state to grant an inmate’s request for a polygraph examination, but the request may be honored, in the discretion of the Disciplinary Committee, under ORS 421.190. The discretion…”
Branton v. Oregon State Penitentiary, 750 P.2d 183 (Or. Ct. App. 1988). “See ORS 421.190. Because it is not, we conclude that nothing in Lyon requires a change of our previous holding that the polygraph evidence was admissible.”
Caron v. Oregon State Penitentiary, 918 P.2d 120 (Or. Ct. App. 1996). · cites it 4× “” Petitioner acknowledges that the decision to allow a polygraph examination in relation to a prison disciplinary proceeding or to consider the results lies within the discretion of the hearings officer.”
Farrell v. Oregon State Penitentiary, 625 P.2d 1380 (Or. Ct. App. 1981). “ORS 421.190 provides: "Evidence may be received at disciplinary hearings even though inadmissible under the rules of evidence applicable to court procedure and the division shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence…”
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