justicedao/ipfs_state_laws huggingface dataset:
255-035-0021 Consecutive Sentences: Creating a Unified Matrix Range (1) Notwithstanding section (4) of this rule, the Board shall establish the principal range for the most serious of the felonies committed during the time period under consideration. If two or more felonies are determined to be equally the most serious, the Board shall establish a principal range for only one of those felonies. (2) The Board shall then establish a range for each of the remaining felonies committed during the same period using the appropriate base range for the crime pursuant to OAR 255-005-0005, Exhibit C. (3) The unified range for crimes committed during the same period shall be determined by summing the range established under section (1) of this rule with the ranges established under section (2) of this rule. (4) The method established by sections (1) to (3) of this rule for determining the unified range shall not apply if any of the crimes involved is: (a) Murder, as defined in ORS 163.115 or any aggravated form thereof; (b) Assault in the first degree, as defined in ORS 163.185; (c) Kidnapping in the first degree, as defined in ORS 163.235; (d) Rape in the first degree, as defined in ORS 163.375; (e) Sodomy in the first degree, as defined in ORS 163.405; (f) Sexual penetration with a foreign object, as defined in ORS 163.411; (g) Arson in the first degree, as defined in ORS 164.325; or (h) Treason, as defined in ORS 166.005. (5) To determine the unified range for inmates with consecutive sentences which involve a crime listed in section (4) of this rule, the Board shall establish the matrix range for each crime by using the inmate’s history/risk score pursuant to OAR 255-005-0005, Exhibit B and the applicable crime category rationale. The unified range shall be the sum of the ranges established under this section. (6) The unified range may be subject to the variations established in accordance with OAR 255-035-0016 and 255-005-0005, Exhibit D. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 144 Statutes/Other Implemented: ORS 144 History: PAR 18-1988, f. & ef. 12-6-88 PAR 14-1988(Temp), f. & ef. 9-20-88 PAR 8-1988, f. & ef. 7-1-88 PAR 6-1988, f. & ef. 5-19-88
255-035-0022 Consecutive Sentences: Referring a Case to the Full Board; Going Below the Range; Additional Consecutive Sentences (1) When a panel recommends that a range be less than the sum of the terms under OAR 255-035-0021, the panel shall refer the case to a majority of the Board. (2) The duration of imprisonment for consecutive sentences may be less than the sum of the terms under OAR 255-035-0021, if the Board finds by a majority vote that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security. (3) When additional sentences are imposed for crimes which took place during the period under consideration at a prior prison term hearing and the additional sentences are consecutive to the sentences already considered, the Board shall: (a) Conduct a de novo prison term hearing pursuant to the provisions of Division 30 for all the crimes. The Board shall compute the unified range for the additional sentences and the sentences which were already considered under the provisions of OAR 255-035-0021; (b) Conduct a hearing to consider only the additional consecutive sentences using base ranges for the additional sentences. The commencement date for the new prison term under this subsection shall be the parole release date set at the previous prison term hearing; or (c) Conduct a hearing to consider whether to unsum the additional consecutive ranges. (4) The provisions of section (3) of this rule apply only to crimes which occurred on or after July 11, 1987, unless one of the crimes involved is listed in OAR 255-035-0021(4). (5) If one of the crimes involved is listed in OAR 255-035-0021(4) and the sentence is consecutive, the Board shall conduct a de novo hearing under subsection (3)(a) of this rule. (6) If a new sentence is consecutive to sentences already considered, and is the most serious offense with the highest crime severity rating and/or longest sentence, the Board shall conduct a de novo hearing under subsection (3)(a) of this rule. (7) When additional sentences are imposed for crimes which took place after the period considered at a prior prison term hearing and the additional sentences are consecutive to the sentences already considered, the Board shall establish the matrix range for the additional sentences as if they were new sentences. If the inmate has not yet been released on parole, the commencement date for the new prison term shall be the parole release date established at the previous prison term hearing. Statutory/Other Authority: ORS 144.079 & 144.783 Statutes/Other Implemented: ORS 144.079 & 144.783 History: PAR 5-1991, f. & cert. ef. 10-15-91 PAR 3-1991(Temp), f. & cert. ef. 5-1-91 PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 6-1988, f. & cert. ef. 5-19-88 PAR 9-1987, f. & ef. 12-16-87 PAR 7-1987(Temp), f. & ef. 7-21-87 PAR 5-1987(Temp), f. & ef. 6-18-87 PAR 4-1987(Temp), f. 6-5-87, ef. 6-8-87 2PB 9-1985, f. & ef. 5-31-85 2PB 1-1982, f. & ef. 5-19-82 2PB 15-1981(Temp), f. & ef. 11-25-81
255-035-0023 Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences (1) The board shall not release a inmate on parole until the inmate has served a judicially imposed minimum prison term, except upon the affirmative majority vote of members who have found that: (a) The minimum term is not an appropriate penalty for the criminal offense; and (b) The minimum term is not necessary to protect the public. (2) If at least a majority of the board members have made the findings listed in section (1) of this rule, the board shall establish a prison term using the guidelines range and the standard variations allowed, unless there are remaining judicial minimums above the guidelines range in length, which the board has upheld. (3) When the court has ordered consecutive minimum sentences and the board finds that the combined minimums are not appropriate penalties for the criminal offenses involved and are not necessary to protect community security, the board, by a majority of concurring votes, may override one or more of the judicially imposed minimums and set a prison term which is less than the sum of the minimum terms. (4) The Board shall set a parole release date in accordance with OAR 255-035-0013 or 255-035-0014, and shall state the facts and reasons for its actions. (5) Notwithstanding subsection (3) of this rule, when the board overrides an ORS 163.115 murder minimum, the vote must be unanimous. (6) The board shall not override ORS 161.610 gun minimums except as provided by ORS 144.122, 144.126 and OAR 255-040-0028. (7) The board shall not override ORS 163.105 aggravated murder minimums. Statutory/Other Authority: ORS 144.035(4), 144.110, 144.245 & 144.783 Statutes/Other Implemented: ORS 144.035(4), 144.110, 144.245, 144.783, 161.610, 163.105 & 163.115 History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 5-1991, f. & cert. ef. 10-15-91 PAR 3-1991(Temp), f. & cert. ef. 5-1-91 PAR 2-1990, f. & cert. ef. 4-5-90 PAR 6-1988, f. & cert. ef. 5-19-88 PAR 8-1987, f. 12-11-87, ef. 12-14-87 PAR 6-1987(Temp), f. & ef. 7-7-87 2PB 9-1985, f. & ef. 5-31-85
255-035-0025 Setting a Parole Release Date: When Matrix Range Exceeds Good Time Date (1) When the board chooses to set a parole release date on a sentence with a statutory good time date which calls for an earlier release than the guideline range indicates (due to a short sentence), the minimum initial prison term shall be 6 months and the maximum shall be as follows: (a) Six months from the statutory good time date on a sentence of at least one year and less than three years; (b) Nine months from the statutory good time date on a sentence of three years and less than six years; (c) Twelve months from the statutory good time date on a sentence of six or more years. (2) On short sentences which call for an earlier release date than the guideline range indicates, the following shall apply: (a) Use the correct crime category for the principal crime and apply the closest range within which the statutory good time date minus the times found in section (1)(a), (b) or (c) falls and which provides a fully applicable range. (b) For subsequent consecutive sentences use the base range unless the principal crime is one of those listed in OAR 255-035-0021(4). (c) For example: [Table not included. See ED. NOTE.] (3) On sentences which are too short to fit within the matrix range for the correct crime category, the board shall set the maximum prison term at two days prior to the good time date. (4) When a inmate earns good time which causes the good time date to fall earlier than the current parole release date, the board shall reset the parole release date to two days prior to the good time date to ensure that all inmates serve a period of parole supervision in accordance with the intent of ORS 144.245. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 144.780 - 144.787 Statutes/Other Implemented: ORS 144.245 & 144.780 - 144.787 History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 6-1991, f. & cert. ef. 10-15-91 PAR 1-1991, f. & cert. ef. 1-16-91 PAR 6-1990(Temp), f. & cert. ef. 10-15-90 PAR 2-1990, f. & cert. ef. 4-5-90 PAR 8-1988, f. & cert. ef. 7-1-88 PAR 6-1988, f. & cert. ef. 5-19-88 2PB 9-1985, f. & ef. 5-31-85 2PB 1-1982, f. & ef. 5-19-82 2PB 15-1981(Temp), f. & ef. 11-25-81 Reverted to 2PB 1-1979, f. & ef. 2-1-79 2PB 1-1980(Temp), f. 4-7-80, ef. 5-1-80 2PB 1-1979, f. & ef. 2-1-79
255-035-0030 Parole Denial (1) Except when the result is life imprisonment, the board, with a majority vote of members, may deny parole pursuant to ORS 144.120(4) when: (a) The commitment offense included particularly violent or otherwise dangerous criminal conduct as defined by section 255-005-0005(30); or (b) Two (2) or more Class A or Class B felony convictions preceded the commitment offense; or (c) The inmate’s record includes a psychiatric or psychological diagnosis of a present severe emotional disturbance such as to constitute a danger to the health and safety of the community. (2) When the result of parole denial is life in prison, the board shall agree unanimously. (3) A panel may refer the matter to the full board with the recommendation that the board deny parole based on the criteria listed in subsection (1) of this section. (4) When the board chooses not to set a parole release date, it shall clearly state on the record the facts and specific reasons for that decision. Statutory/Other Authority: ORS 144.120(4) Statutes/Other Implemented: ORS 144.120(4) History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 5-1991, f. & cert. ef. 10-15-91 PAR 3-1991(Temp), f. & cert. ef. 5-1-91 PAR 18-1988, f. & cert. ef. 12-6-88 PAR 6-1988, f. & cert. ef. 5-19-88 2PB 9-1985, f. & ef. 5-31-85 2PB 1-1979, f. & ef. 2-1-79
255-036-0010 Evaluations (1) Within 120 days of the last day of the prison term and thereafter within 120 days before any parole consideration hearing, the Board shall order a complete mental and psychological or psychiatric examination of the inmate. (2) The evaluation provided may consist of a diagnostic study, including a comprehensive evaluation of the individual's personality, intelligence level, personal and social adjustments, or other information the psychologist or psychiatrist believes will aid the Board in determining whether the examined person is eligible for release. (3) The report of the psychologist or psychiatrist shall: (a) Include a statement as to whether the dangerous offender has any mental or emotional disturbance, deficiency, condition, or disorder predisposing him/her to the commission of any crime to a degree rendering the inmate a danger to the health or safety of others; (b) Any other information which would aid the Board in determining whether the inmate is eligible for release; (c) State progress or changes in the condition of the examined inmate; (d) Contain recommendations for treatment or medication that would assist the inmate in performing satisfactorily in the community upon release; (e) Be filed with the Board within 60 days after the examination; (f) Be certified and sent to the inmate, the inmate's attorney, and to the institution superintendent. Statutory/Other Authority: ORS 144.226 & 144.228 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 OL 1997 (Enrolled SB156) History: PAR 5-2011, f. & cert. ef. 6-23-11 PAR 3-2006, f. & cert. ef. 4-5-06 PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93
255-036-0015 Department of Corrections Written Reports The written report of the executive officer of the Department of Corrections, which the Board shall review at the parole consideration hearing, shall contain: (1) A detailed account of the inmate's conduct while confined; (2) All infractions of rules and discipline, the circumstances, and the punishment imposed; (3) Extent to which the inmate has responded to efforts made in the institution to improve his/her mental and moral condition; (4) A statement as to the person's present attitude towards society, the sentencing judge, the district attorney, and the arresting police officer; (5) A statement as to the inmate’s present attitude towards his/her previous criminal career; (6) The work record, showing average number of hours worked per day and the nature of the occupations; (7) The program history, including a summary of any psychological or substance abuse treatment and other activities that will assist the Board in: (a) Understanding the psychological adjustment and social skills and habits of the inmate; and (b) Determining the likelihood for successful community reentry. Statutory/Other Authority: ORS 144.228 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 & OL1997 (Enrolled SB 156) History: PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93
255-036-0020 Request for Review Prior to Release Hearing Date (1) Notwithstanding subsection 1 of OAR 255-036-0005, an inmate sentenced as a dangerous offender under ORS 161.725 and 161.735 may request a parole consideration hearing prior to the earliest time the inmate is eligible for parole release. The Board may consider information presented by the inmate to determine whether the inmate is no longer dangerous or that even though dangerous, can be adequately controlled with supervision and mental health treatment which are available in the community. (2) The Board shall review the request for a parole consideration hearing by administrative file pass. (3) If the Board finds, based upon the request and the information therein, there is reasonable cause to believe the inmate is no longer dangerous or even though dangerous, can be adequately controlled with supervision and mental health treatment which are in fact available to the inmate, the Board shall order the documents required by ORS 144.228 and this division and conduct a parole consideration hearing as soon as reasonably convenient. (4) If the Board finds there is not reasonable cause to believe the inmate is no longer dangerous or to believe that the inmate can be adequately controlled with supervision and mental health treatment that is available in the community, the Board will deny the request for an early parole consideration hearing, and review the inmate’s case at the originally scheduled parole consideration hearing pursuant to OAR 255-036-0005(1). Statutory/Other Authority: ORS 144.228 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 & OL 1997 (Enrolled SB 156) History: PAR 5-2011, f. & cert. ef. 6-23-11 PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93
255-036-0025 The Release Hearing Packet The Parole Consideration Hearing Packet shall contain: (1) Institution face sheet; (2) All prior Board Action Forms; (3) Psychological or psychiatric evaluations; and reports pursuant to ORS 144.226 to 144.228; (4) Documents listed in OAR 255-036-0005(6); (5) Correspondence; (6) Presentence Investigation report, post-sentence investigation report, or report of similar content; and (7) Sentencing orders. Statutory/Other Authority: ORS 144.228 Statutes/Other Implemented: ORS 144.226 & 144.228 History: PAR 5-2011, f. & cert. ef. 6-23-11 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93
255-036-0030 Parole Supervision A dangerous offender released to parole prior to the sentence expiration shall serve the remainder of the sentence term imposed under ORS 161.725 and 161.735 on parole. The inmate shall serve at least three years of supervised parole. Statutory/Other Authority: OL 1993, Ch. 680 & Section 1(b) (SB 139) Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 & OL 1997 (Enrolled SB 156) History: PAR 5-2011, f. & cert. ef. 6-23-11 PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93
255-037-0005 Release Hearings (1) Within six (6) months after commitment to the Department of Corrections’ custody of any person sentenced as a dangerous offender, the Board shall set a date for a release hearing which shall be no later than ten (10) days prior to the date the inmate is eligible for release on post-prison supervision. (2) A person sentenced as a dangerous offender for felonies committed on or after November 1, 1989, is eligible for release on post-prison supervision: (a) After having served the incarceration term set forth on the judgment order; and (b) The Board finds the inmate no longer dangerous; or (c) The Board finds the inmate remains dangerous but can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the inmate. (3) If the Board is unable to make the findings required by section (2) of this rule, the Board shall schedule reviews once every two (2) years until: (a) The Board is able to make the required findings; or (b) The maximum indeterminate sentence expires. (4) If after the Board makes the findings required by section (2) of this rule, the Board later has reasonable cause to believe the inmate dangerousness has returned and/or the inmate cannot be adequately controlled with supervision and mental health treatment or that the necessary resources for supervision and treatment are unavailable, the Board may order an evaluation pursuant to ORS 144.226 and shall conduct a new release hearing. (5) If, at the release hearing or at any subsequent review, the Board makes the findings required by section (2) of this rule, the Board shall order release to post-prison supervision, subject to ORS 144.096, 144.098, and 144.102 regarding supervision conditions and review of release plans, and subject to eligibility for release under statute and rule. (6) At any hearing or review, the Board may consider: (a) The examining psychologist or psychiatrist’s written report; (b) A written report from the executive officer of Department of Corrections institution in which the inmate has been confined; (c) A field analysis report and release plan, including verification that adequate supervision and mental health treatment are immediately available for the particular inmate; (d) Any other information regarding the inmate that the Board finds relevant. Statutory/Other Authority: ORS 144.226, 144.228 & 144.232 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 52 & OL 1997 (Enrolled SB 156) History: PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93 PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91 PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91 PAR 4-1989, f. & ef. 11-1-89
255-037-0010 Evaluations (1) Within one hundred twenty (120) days of the last day of the incarceration term and at least every two years thereafter, the Board shall order a complete mental and psychological or psychiatric examination of the inmate. (2) The evaluation provided may consist of a diagnostic study, including a comprehensive evaluation of the individual's personality, intelligence level, personal and social adjustments, or other information the psychologist or psychiatrist believes will aid the Board in determining whether the examined person is eligible for release. (3) The report of the psychologist or psychiatrist shall: (a) Include a statement as to whether or not the dangerous offender has any mental or emotional disturbance, deficiency, condition, or disorder predisposing him/her to the commission of any crime to a degree rendering the inmate a danger to the health or safety of others; (b) Any other information which would aid the Board in determining whether the inmate is eligible for release; (c) State progress or changes in the condition of the examined inmate; (d) Contain recommendations for treatment or medication that would assist the inmate in performing satisfactorily in the community upon release; (e) Be filed with the Board within 60 days after the examination; (f) Be certified and sent to the inmate, the inmate’s attorney, and to the institution superintendent. Statutory/Other Authority: ORS 144.226 & 144.228 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 52 & OL 1997 (Enrolled SB 156) History: PAR 3-2006, f. & cert. ef. 4-5-06 PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93 PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91 PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91 PAR 4-1989, f. & ef. 11-1-89
255-037-0015 Department of Corrections Written Reports The written report of the executive officer of the Department of Corrections, which the Board shall review at the release hearing, shall contain: (1) A detailed account of the inmate’s conduct while confined; (2) All infractions of rules and discipline, the circumstances, and the punishment imposed; (3) Extent to which the inmate has responded to efforts made in the institution to improve his/her mental and moral condition; (4) A statement as to the person’s present attitude towards society, the sentencing judge, the district attorney, and the arresting police officer; (5) A statement as to the inmate’s present attitude towards his/her previous criminal career; (6) The work record, showing average number of hours worked per day and the nature of the occupations; (7) The program history, including a summary of any psychological or substance abuse treatment and other activities that will assist the Board in: (a) Understanding the psychological adjustment and social skills and habits of the inmate; and (b) Determining the likelihood for successful community reentry. Statutory/Other Authority: ORS 144.228 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 52 & OL 1997 (Enrolled SB 156) History: PAR 3-1998, f. 8-26-98, cert. ef.8-27-98 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1993(Temp), f. & cert. ef. 7-26-93 PAR 4-1989, f. & ef. 11-1-89