justicedao/ipfs_state_laws huggingface dataset:
255-030-0024 Prison Term Hearing Waiver (1) Notwithstanding OAR 255-030-0023(3), an inmate may waive his/her right to a prison term hearing based on the following criteria: (a) Sentence of less than 15 years; and (b) Non-person felony (The non-person felonies are designated on Exhibit A-I of these rules.); and (c) Matrix range of up to 14–20 months; and (d) Completed Prison Term Hearing Packet. (2) Within the time limits provided by OAR 255-030-0010, the Board, at its discretion, may notify the inmate in writing of: (a) His/her eligibility to waive the prison term hearing; and (b) The proposed prison term and conditions of parole. (3) A Department of Corrections counselor will review the waiver form with the inmate. (4) Upon receipt of a signed waiver, the Board shall make the findings required by OAR 255-035-0013 or 255-035-0014 and shall send the final Board order to the inmate. (5) If the Board is not satisfied that the waiver was made knowingly and intelligently or if it needs more information before making its decision, the Board may deny the waiver and order a hearing. Statutory/Other Authority: ORS 144.120(1)(b) Statutes/Other Implemented: ORS 144.120(1)(b) History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 6-2000, f. & cert. ef. 6-9-00 PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 12-1988(Temp), f. & ef. 7-20-88 PAR 5-1991, f. & cert. ef. 10-15-91 PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 1-1990(Temp), f. & cert. ef. 2-20-90 PAR 4-1989, f. & ef. 11-1-89 Reverted to PAR 8-1988, f. & ef. 7-1-88 PAR 18-1988, f. & ef. 12-6-88 PAR 13-1988(Temp), f. & ef. 8-5-88 PAR 9-1988(Temp), f. & ef. 7-14-88 PAR 8-1988, f. & ef. 7-1-88
255-030-0025 Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing (1) Purpose: The purpose of these rules is to jointly establish with the Department of Corrections policies and procedures governing who may accompany an inmate in a hearing before the Board of Parole and Post-Prison Supervision. (2) Policy: It is the joint policy of the Department of Corrections and Board of Parole and Post-Prison Supervision that inmates be permitted to have a person accompany them in hearings before the Board in accordance with ORS 144.123, as provided in these rules. The decision to approve a person's physical access to a Board hearing held within a Department of Corrections facility will be made by the functional unit manager or designee of the facility in which the inmate is confined, in accordance with the department's rules on Facility Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127). A person's physical access to a Department of Corrections facility may be prohibited or restricted by the functional unit manager or designee consistent with these rules; the health, safety and security of staff, inmates, and the public; and with the safe, secure, and orderly operation and management of the facility. Statutory/Other Authority: ORS 144.123 & 144.120(7) Statutes/Other Implemented: ORS 144.120(7), 144.123 & 192.630 History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 3-2013, f. & cert. ef. 6-10-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 10-2004, f. & cert. ef. 11-2-04 PAR 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04 PAR 6-2000, f. & cert. ef. 6-9-00 PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 2-1990, f. & cert. ef. 4-5-90 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 PAR 3-1987, f. & ef. 4-28-87 2PB 4-1986(Temp), f. & ef. 12-2-86 2PB 1-1982, f. & ef. 5-19-82 Reverted to 2PB 1-1979, f. & ef. 2-1-79 2PB 10-1981(Temp), f. & ef. 11-4-81 2PB 1-1979, f. & ef. 2-1-79
255-030-0027 Victim, District Attorney and Inmate Statements (1) During the hearing, the victim(s), personally, by counsel, or by representative, and the district attorney from the committing jurisdiction may make statements not to exceed 15 minutes. The presiding Board member may grant the representative of the victim or the district attorney additional time upon a finding that further testimony is likely to be relevant to the Board's decision. The presiding Board member may exclude or limit irrelevant, immaterial, or unduly repetitious testimony and evidence. Following the statement(s) by the victim(s) and/or district attorney, the inmate may address the Board with his/her response. (2) One person selected by the inmate may make a statement not to exceed 15 minutes. The presiding Board member may grant the witness additional time upon a finding that further testimony is likely to be relevant to the Board's decision. The presiding Board member may exclude or limit irrelevant, immaterial, or unduly repetitious testimony and evidence. Statutory/Other Authority: ORS 144.750 & former 144.120(7) Statutes/Other Implemented: ORS 144.750 & former 144.120(7) History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 12-2010, f. & cert. ef. 12-1-10 PAR 5-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11 PAR 6-2000, f. & cert. ef. 6-9-00 PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 1-1992, f. & cert. ef. 1-13-92 PAR 6-1988, f. & ef. 5-19-88 PAR 3-1987, f. & ef. 4-28-87 2PB 4-1986(Temp), f. & ef. 12-2-86
255-030-0032 Evidence (1) The presiding Board member at a Board hearing shall explain the issues to be decided. In the case of a prison term hearing, those issues are set forth in OAR 255-035-0013. In the case of other types of hearings, the issues are set forth in the applicable division of the Board’s administrative rules. (2) Evidence of a type that reasonably prudent persons would commonly rely upon in the conduct of their serious affairs shall be admissible in Board hearings, including: (a) The information set forth in OAR 255-030-0035; (b) Other relevant evidence concerning the inmate that is available. (3) Reliable, probative, and substantial evidence shall support Board orders. Substantial evidence is found when the record, viewed as a whole, would permit a reasonable person to make a particular finding. (4) The Board may exclude evidence if it is: (a) Unduly repetitious; (b) Not of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs; (c) Provided by a person, other than a justice system official, without first hand knowledge of the circumstances of the crime that is the subject of the proceeding before the Board; (d) Provided by a person, other than a justice system official, without first hand knowledge of the character of the inmate; (e) Addressing only guilt or innocence; or (f) Irrelevant or immaterial to the decision(s) to be made at that particular hearing. (5) The Board may receive evidence to which the inmate objects. If the presiding Board member does not make rulings on its admissibility during the hearing, the Board shall make findings on the record at the time a final order is issued. (6) Erroneous rulings on evidence shall not preclude Board action on the record unless shown to have substantially prejudiced the rights of the inmate. Statutory/Other Authority: ORS 144.050 & 144.140 Statutes/Other Implemented: ORS 144.050 & 144.140 History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 6-2000, f. & cert. ef. 6-9-00 PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 1-1992, f. & cert. ef. 1-13-92 PAR 5-1990, f. & cert. ef. 10-5-90 PAR 4-1989, f. & ef. 11-1-89
255-030-0035 Information the Board Shall Consider at a Prison Term Hearing (1) The Board Review Packet shall contain information relevant to the purpose of the hearing, which may include, but is not limited to: (a) Inmate's notice of rights and notice of administrative appeal; (b) Presentence Investigation (PSI), Postsentence Investigation Report (PSR), Parole Analyst Report (PAR), or report of similar content; (c) Sentencing/judgment orders; (d) Department of Corrections Inmate Face sheet; (e) Certification of time served credits; (f) Board Action Forms; (g) Information pursuant to Ballot Measure 10; (h) Material submitted by the inmate or representative relating to the calculation of the prison term, or to the subject matter of the hearing; (i) Current psychological/psychiatric evaluations; (j) Other relevant material selected at the Board's discretion. (2) The Board Review Packet need not include all documents in the inmate’s file. (3) At its discretion, the Board may consider additional written information and recommendations from those with a special interest in the case. If considered, the Board Review Packet shall include the information. The Board must receive any information submitted pursuant to this section at least fourteen days prior to the hearing. The Board may waive the fourteen-day requirement. Statutory/Other Authority: ORS 144.185 & 144.223 Statutes/Other Implemented: ORS 144.185, 144.125(1) & 144.223 History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 1-1992, f. & cert. ef. 1-13-92 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 PAR 3-1987, f. & ef. 4-28-87 2PB 4-1986(Temp), f. & ef. 12-2-86 2PB 7-1985, f. & ef. 5-31-85 2PB 1-1982, f. & ef. 5-19-82 2PB 16-1981(Temp), f. & ef. 11-25-81 2PB 1-1979, f. & ef. 2-1-79
255-030-0040 Inmate's Access to Written Materials/Rebuttal and Deadlines for Receiving Materials (1) The inmate shall have access to all the material in the Board Review Packet except that exempted by OAR 255-015-0010 (Criteria for Denial of Disclosure of Records). (2) The inmate shall have access to all the victim and district attorney’s responses pursuant to OAR 255-030-0035 except as exempted by the Board pursuant to OAR 255-015-0010. The Board shall include the responses in the Board Review Packet or shall give the responses to the inmate as soon as they are available to the Board. (3) If the victim, his/her representative, or the district attorney wishes to rebut any of the material in the Board Review Packet, the Board must receive the response seven days prior to the hearing. The Board shall notify the victim that the Board will include the response in the Board Review Packet sent to the inmate unless the victim requests confidentiality. (4) The inmate or representative shall submit any relevant information at least fourteen days prior to the hearing. (5) The Board may waive deadline requirements if it finds good cause to do so. Statutory/Other Authority: ORS 144.050, 144.130, 144.223 & 192.502(4) or (5) Statutes/Other Implemented: ORS 144.130 History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 6-2000, f. & cert. ef. 6-9-00 PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 PAR 3-1987, f. & ef. 4-28-87 2PB 4-1986(Temp), f. & ef. 12-2-86 2PB 7-1985, f. & ef. 5-31-85 2PB 1-1979, f. & ef. 2-1-79
255-030-0046 Continuance of Hearings: Cancellation of Hearings (1) Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period of time. A request for a continuance by any party must be for good cause, in writing on a form provided by the Board, and at least 7 days before the hearing. The request must include the following information: (a) the name of the AIC; (b) the date of the hearing; (c) an explanation of good cause as to why the hearing should be continued; (d) the signature of the party submitting the request; (e) if the request is submitted by an AIC, and the AIC is represented by an attorney, the signature of both the AIC and the attorney; (f) the length of time the party is requesting the hearing to be continued; and (g) if an AIC requests a continuance within 7 days of the scheduled hearing, an explanation as to why the request could not be timely submitted at least 7 days before the hearing. (2) A request for cancellation of a hearing by any party must be for good cause, in writing on a form provided by the Board, and at least 7 days before the hearing. The request must include the following information: (a) the name of the AIC; (b) the date of the hearing; (c) an explanation of good cause as to why the hearing should be cancelled; (d) the signature of the party submitting the request; (e) if the request is submitted by an AIC, and the AIC is represented by an attorney, the signature of both the AIC and the attorney; and (f) if an AIC requests a cancellation within 7 days of the scheduled hearing, an explanation as to why the request could not be timely submitted at least 7 days before the hearing. (3) The Board has the discretion to grant or deny a request for a continuance or cancellation. A hearing may not be continued or cancelled if that action would violate any statute or rule requiring the hearing to be held. (4) If the Board, after finding good cause and following the procedures specified in OAR 255-030-0046(2), cancels a hearing at the request of an AIC, the AIC shall not be eligible to request another hearing for 90 days from the date of the scheduled hearing. (5) If the Board denies a request for a continuance or cancellation, the Board, in its discretion, may decide the matter that is the subject of the hearing, with or without a hearing, and with or without the participation of the AIC. The Board may consider the factors specified in OAR 255-062-0016 if the Board determines a deferral of the parole release date or deferral of the right to petition for a new hearing is appropriate. Statutory/Other Authority: ORS 144.050 & 183A.341(2) Statutes/Other Implemented: 144.185 History: PAR 14-2025, amend filed 10/23/2025, effective 10/23/2025 PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13
255-030-0055 Notice of Decision Following Prison Term Hearing (1) Following a Board decision concerning the prison term of an inmate, the Board shall send written notice of the Board's final order to the inmate, district attorney, sheriff or arresting agency, the Department of Corrections, and upon request, the victim, the sentencing judge and the trial counsel. (2) The Board's final order shall contain the following findings, as applicable: (a) The prison term commencement date; (b) The history/risk assessment score; (c) The crime category with the subcategory rationale; (d) The matrix range; (e) When there are consecutive sentences, whether the range is unsummed and the reason for unsumming; (f) When there is a variation from the range, the reason for the variation; (g) Aggravation; (h) Mitigation; (i) The votes on minimum sentences; (j) The prison term set; (k) The parole release date; (l) Sentencing guidelines range, if applicable. Statutory/Other Authority: ORS 144.120, 144.260 & 144.135 Statutes/Other Implemented: ORS 144.120, 144.260 & 144.135 History: PAR 5-2013, f. & cert. ef. 11-27-13 PAR 2-2013, f. & cert. ef. 3-1-13 PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13 PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 PAR 3-1987, f. & ef. 4-28-87 2PB 4-1986(Temp), f. & ef. 12-2-86 2PB 7-1985, f. & ef. 5-31-85 2PB 1-1979, f. & ef. 2-1-79
255-032-0005 Prison Term Hearing to Be Held (1) An adult person convicted of Aggravated Murder under ORS 163.095 shall receive a hearing within one year of sentencing. A person convicted of Murder under ORS 163.115 that was committed on or after June 30, 1995, and who was sentenced to life with a twenty-five (25) year minimum shall receive a hearing within one year of sentencing. At the hearing the Board shall set a review date congruent with the minimum terms set forth in OAR 255-032-0010 rather than a parole release date. In lieu of holding a hearing, the Board may determine the prison term/murder review date by administrative file pass. (2) Adult persons sentenced to death or life without the possibility of release or parole shall not receive a hearing. (3) Adult persons sentenced to life with a twenty (20) or thirty (30) year minimum for aggravated murder shall receive a prison term hearing pursuant to ORS 144.120 if they also have a sentence to the Department of Corrections' custody for a crime other than aggravated murder. (4) Inmates, who were juveniles and waived to adult court pursuant to ORS 419C.340 through 419C.364, and were under the age of 17 years at the time of their crime(s), and were convicted of Aggravated Murder, per ORS 163.095, and whose crimes were committed after October 31, 1989 and prior to April 1, 1995, shall receive a prison term hearing. At the hearing, the Board shall set a projected parole release date, in accordance with the guidelines and matrix that apply with respect to the date of the crime. (5) The Board will apply the applicable procedural rules under OAR divisions 30 and 35, in effect at the time of the hearing, for the conduct of the hearing. Statutory/Other Authority: ORS 144.120, 163.095, 163.115, 419C.340 & 419C.364 Statutes/Other Implemented: ORS 163.105 History: PAR 1-2012, f. & cert. ef. 3-13-12 PAR 3-2010, f. & cert. ef. 3-26-10 PAR 4-2009(Temp), f. & cert. ef. 9-29-09 thru 3-28-10 PAR 1-2003, f. & cert. ef. 5-13-03 PAR 2-2000, f. 1-3-00, cert. ef. 1-4-00 PAR 4-1999, f. & cert. ef. 5-18-99 PAR 4-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 1-1991, f. & cert. ef. 1-16-91 PAR 4-1989, f. & ef. 11-1-89 2PB 8-1985, f. & ef. 5-31-85
255-032-0010 Minimum Period of Confinement Pursuant to ORS 163.105 or 163.115 (1) The minimum period of confinement for an adult person convicted of Aggravated Murder as defined by ORS 163.105(1) shall be thirty (30) years. (2) The minimum period of confinement for an adult person convicted of Aggravated Murder as defined by ORS 163.105(2) prior to December 6, 1984, shall be twenty (20) years. (3) The minimum period of confinement for a person sentenced to life for Murder under ORS 163.115 committed on or after June 30, 1995, shall be twenty-five (25) years. Statutory/Other Authority: ORS 144.110, 163.105 & 163.115 Statutes/Other Implemented: ORS 144, 163.105 & 163.115 History: PAR 1-2003, f. & cert. ef. 5-13-03 PAR 2-2000, f. 1-3-00, cert. ef. 1-4-00 PAR 4-1999, f. & cert. ef. 5-18-99 PAR 6-1988, f. & ef. 5-19-88 2PB 8-1985, f. & ef. 5-31-85
255-032-0015 Petition/Purpose for Review Hearing An inmate not described in OAR 255-032-0005(4) may petition and the Board shall hold a hearing to determine whether the inmate is likely to be rehabilitated within a reasonable period of time: (1) Any time after completion of a minimum period of confinement pursuant to OAR 255-032-0010(1) for an offense committed on or after October 23, 1999; or (2) Any time after twenty-five (25) years from the date of imposition of a minimum period of confinement pursuant to OAR 255-032-0010(1) for an offense committed on or between June 30, 1995 through October 22, 1999; or (3) Any time after twenty (20) years from the date of imposition of a minimum period of confinement pursuant to OAR 255-032-0010(1) for an offense committed before June 30, 1995; or (4) Any time after fifteen (15) years from the date of imposition of a minimum period of confinement pursuant to OAR 255-032-0010(2); or (5) Any time after completion of a minimum term of confinement pursuant to OAR 255-032-0010(3). Statutory/Other Authority: ORS 163.105 Statutes/Other Implemented: ORS 163.115 History: PAR 9-2018, amend filed 12/18/2018, effective 12/18/2018 PAR 3-2010, f. & cert. ef. 3-26-10 PAR 4-2009(Temp), f. & cert. ef. 9-29-09 thru 3-28-10 PAR 6-2004, f. & cert. ef. 6-14-04 PAR 3-2004(Temp), f. & cert. ef. 4-15-04 thru 10-11-04 PAR 1-2003, f. & cert. ef. 5-13-03 PAR 2-2000, f. 1-3-00, cert. ef. 1-4-00 PAR 4-1999, f. & cert. ef. 5-18-99 PAR 4-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 1-1991, f. & cert. ef. 1-16-91 PAR 6-1988, f. & ef. 5-19-88 2PB 8-1985, f. & ef. 5-31-85
255-032-0020 Purpose of Review Hearing The sole issue of the hearing described in OAR 255-032-0015 shall be to determine whether or not the inmate is likely to be rehabilitated within a reasonable period of time. Criteria indicating whether the inmate is likely to be rehabilitated prior to release include: (1) The inmate’s involvement in correctional treatment, medical care, educational, vocational or other training in the institution which will substantially enhance his/her capacity to lead a law-abiding life when released; (2) The inmate’s institutional employment history; (3) The inmate’s institutional disciplinary conduct; (4) The inmate’s maturity, stability, demonstrated responsibility, and any apparent development in the inmate personality which may promote or hinder conformity to law; (5) The inmate’s past use of narcotics or other dangerous drugs, or past habitual and excessive use of alcoholic liquor; (6) The inmate’s prior criminal history, including the nature and circumstances of previous offenses; (7) The inmate’s conduct during any previous period of probation or parole; (8) The inmate does/does not have a mental or emotional disturbance, deficiency, condition or disorder predisposing them to the commission of a crime to a degree rendering them a danger to the health and safety of the community; (9) The adequacy of the inmate’s parole plan including community support from family, friends, treatment providers, and others in the community; type of residence, neighborhood or community in which the inmate plans to live; (10) There is a reasonable probability that the inmate will remain in the community without violating the law, and there is substantial likelihood that the inmate will conform to the conditions of parole. Statutory/Other Authority: ORS 144.110(2)(b), 163.105(1), 161.620 & 144.780 Statutes/Other Implemented: ORS 144.050, 144.140, 144.226, 144.228 & 144.232 History: PAR 4-1999, f. & cert. ef. 5-18-99 PAR 4-1993, f. & cert. ef. 10-29-93 2PB 8-1985, f. & ef. 5-31-85
255-032-0022 Murder Review Hearings Notice The Board's notice (Exhibit NOR-3MR) must include: (1) A statement that the sole issue to be considered shall be whether or not the inmate is likely to be rehabilitated within a reasonable period of time, and that the inmate shall have the burden of proof, by a preponderance of the evidence; (2) A statement of the inmate's right to be represented by counsel; and if the inmate is without sufficient funds, counsel will be appointed by the Board at Board expense; (3) A statement that the Board has authority and jurisdiction to hold a hearing on the issue pursuant to ORS 163.105(2) or 163.115(5); and (4) A statement of rights of the inmate at the hearing. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 183.415, 163.105(2) & 163.115(5) History: PAR 1-2015, f. & cert. ef. 4-15-15 PAR 4-2012, f. & cert. ef. 10-15-12 PAR 2-2012(Temp), f. & cert. ef. 6-28-12 thru 12-25-12 PAR 5-2007, f. & cert. ef. 7-30-07 PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07
255-032-0027 Inmate's Right to Review Record; Exceptions Except as provided in OAR 255-015-0010, all exhibits to be considered by the Board shall be disclosed to the inmate's attorney or the inmate, if proceeding pro se, within a reasonable period of time before the hearing: (1) Exhibits not available prior to the hearing shall be made available to the inmate's attorney or to the inmate, if not represented, at the hearing. (2) All material relevant and pertinent to issues before the Board shall be made a part of the record. (3) Any material not made part of the record shall be separated and a statement to that effect shall be placed in the record. The board shall follow the criteria for denial or disclosure of records set out in OAR 255-015-0010. Statutory/Other Authority: ORS 183.335, 192.410 – 192.505, 144.025(3) & 144.050 History: PAR 5-2007, f. & cert. ef. 7-30-07 PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07