justicedao/ipfs_state_laws huggingface dataset:
255-032-0029 Subpoenas for a Murder Review Hearing (1) Inmates must make their own arrangements for calling and presenting witnesses. However, upon the request of an inmate, and upon a proper showing of general relevance and reasonable scope of the evidence being sought, the Board may issue subpoenas on behalf of the inmate. (2) Witnesses are not required to appear in person unless good cause can be shown why an in-person appearance is necessary. Witnesses may participate via teleconference. (3) Witnesses appearing pursuant to subpoena, other than inmates, state officers, or employees of the Board, must receive fees and mileage payable by the Board as prescribed by law for witnesses in ORS 44.415(2), provided the Board certifies that the witness's testimony was relevant and material to the hearing. Statutory/Other Authority: ORS 44.415 & 183.440 History: PAR 3-2010, f. & cert. ef. 3-26-10 PAR 4-2009(Temp), f. & cert. ef. 9-29-09 thru 3-28-10 PAR 5-2007, f. & cert. ef. 7-30-07 PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07
255-032-0030 Evidence in a Murder Review Hearing (1) Irrelevant, immaterial, or unduly repetitious evidence will be excluded, and privileges afforded by Oregon law shall be recognized by the presiding member. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs will be admissible. All offered evidence, not objected to, will be received by the presiding member subject to the presiding member’s power to exclude irrelevant, immaterial, or unduly repetitious matter. (2) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following: (a) The age and source of the documents; (b) The ability of the witness to have observed and had personal knowledge of the incidents; (c) The credibility of the witness and whether the witness has bias or interest in the matter. (3) The inmate, the inmate's attorney, or the Board, may object to any evidence. Objections to evidence being introduced by the Board or the inmate may be made and will be noted in the record. The presiding board member must accept an offer of proof for excluded evidence. The offer of proof must contain sufficient detail to allow the Board or a court to determine whether the evidence was properly excluded. The presiding member shall have discretion to decide whether the offer of proof is to be oral or written and at what stage of the proceeding it will be made. The presiding member may place reasonable limits on the offer of proof, including the time to be devoted to an oral offer or the number of pages in a written offer. The Board may decide the following: (a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable; or (b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection. (4) The Board will consider all available relevant evidence for purposes of determining the inmate’s likelihood of rehabilitation within a reasonable period of time. (5) The Board and the inmate will have the right of cross-examination of each witness that testifies, and will have the right to submit rebuttal evidence. Statutory/Other Authority: ORS 163.105, 163.115 & 183.450 History: PAR 5-2007, f. & cert. ef. 7-30-07 PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07
255-032-0031 Final Orders in Murder Review Hearings (1) Final orders in Murder Review hearings must be in writing, and if adverse to the inmate include the following: (a) Findings of fact — a concise statement of those matters that are either agreed as fact or that, when disputed, are determined by the Board to be facts over contentions to the contrary. A finding must be made on each fact necessary to reach the conclusions of law on which the order is based; and (b) Conclusion(s) of law — applications of the controlling law to the facts found and the legal results of the application. (2) If the Board finds that the inmate has proven by a preponderance of the evidence that the inmate is likely to be rehabilitated within a reasonable period of time, then it is not necessary that the final order include findings of fact or conclusions of law. (3) The Board may also issue its decision orally on the record at the hearing. Statutory/Other Authority: ORS 163.105, 163.115 & 183.470 History: PAR 5-2007, f. & cert. ef. 7-30-07 PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07
255-032-0032 Continuance of Hearings: Cancellation of Hearings Requests for continuances or cancellations of a murder review hearing shall be submitted and reviewed as provided in OAR 255-030-0046. Statutory/Other Authority: ORS 144.050, 144.120 & 183.341(2) Statutes/Other Implemented: ORS 144.050 History: PAR 14-2025, amend filed 10/23/2025, effective 10/23/2025 PAR 5-2007, f. & cert. ef. 7-30-07 PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07
255-032-0035 Effect of Denying Relief Request If the Board finds that the inmate is not capable of rehabilitation, the Board shall deny the relief sought in the inmate petition. The Board may not grant a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied. (1) The Board may not grant a hearing that is more than two years from the date a petition is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted a change in the terms of confinement before the date of the subsequent hearing. (2) A decision to grant a hearing that is more than two years from the date a petition is denied requires a unanimous vote of the Board members participating in the hearing; the length of the deferral shall be determined by a majority vote. (3) Factors to be considered in establishing a deferral period of longer than two years include those listed in OAR 255-062-0016. (4) The inmate may request an interim exit interview hearing pursuant to OAR 255-062-0021. (5) If the Board finds, based upon the request for an interim hearing, that there is reasonable cause to believe that the inmate may be granted a change in the terms of confinement, the Board shall conduct a hearing as soon as is reasonably convenient. An interim hearing may be granted by a majority of the Board. (6) If the Board denies a petition for an interim hearing, it shall issue a final order accompanied by findings of fact and conclusions of law, pursuant to ORS 144.285(3) (2009). A finding by the Board under (e) above does not bind the Board to any specific finding at the interim murder review hearing. Statutory/Other Authority: ORS 163.105 & 144.285 Statutes/Other Implemented: ORS 144 & 163.105 History: PAR 6-2011, f. & cert. ef. 11-30-11 PAR 4-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 6-1988, f. & ef. 5-19-88 2PB 8-1985, f. & ef. 5-31-85
255-032-0037 Prison Term Hearings for Inmates Found Likely to be Rehabilitated (1) The Board shall hold a prison term hearing for an adult inmate convicted of murder as defined in ORS 163.115 or Aggravated Murder as defined in ORS 163.095 committed on or before October 22, 1999, whose sentence has been converted to life with the possibility of parole based on the Board’s determination that the inmate is likely to be rehabilitated within a reasonable period of time. (2) The Board will conduct the hearing under the provisions of division 030 of the Board’s rules in place at the time the hearing is conducted, and will establish the prison term or take other action authorized under the law and administrative rules that apply with respect to the date of the crime. Statutory/Other Authority: OAR 255-030-0012(1982), 255-032-0005(1)(1985), 255-032-0005(1)(1982)(1985), Janowski/Flemimg v. Board of Parole, 349 OR 432(2010), Severy/Wilson v. Board of Parole, 349 OR 461(2010) & ORS 144.120 Statutes/Other Implemented: ORS 144.120 History: PAR 1-2012, f. & cert. ef. 3-13-12 PAR 7-2011, f. & cert. ef. 11-30-11
255-032-0040 Record/Notice Provisions for maintaining a record of the hearings and providing notice of decision shall be those set forth in divisions 15 and 30 of these rules. Statutory/Other Authority: ORS 144 Statutes/Other Implemented: ORS 144.120, 144.135 & 144.260 History: PAR 6-1988, f. & ef. 5-19-88 2PB 8-1985, f. & ef. 5-31-85
255-033-0010 Purpose & Authority (1) ORS 144.397 provides that an Adult in Custody (AIC) who was under 18 years of age at time of committing an offense is eligible for release on parole or post-prison supervision after serving 15 years of imprisonment. ORS 144.397 further provides for a hearing before the State Board of Parole and Post-Prison Supervision that must provide a meaningful opportunity to be released on parole or post-prison supervision, and which would authorize the release of such person on parole or post-prison supervision if certain findings are made. (2) The Board is authorized to adopt rules to carry out the provisions of ORS 144.397. These rules describe the processes that the Board will follow when it determines eligibility, conducts hearings, and notifies persons of the results. (3) These rules apply only to sentences imposed on or after January 1, 2020, as provided by Oregon Laws 2019, chapter 634, section 32. In addition, as provided by Oregon Laws 2019, chapter 685, section 4 (2), these rules do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. Statutory/Other Authority: ORS 144.050, 144.085 & 144.397 Statutes/Other Implemented: 144.397 History: PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022
255-033-0020 Determination of Eligibility for Hearing The Board shall conduct a hearing to consider release on parole or post-prison supervision for a person who was convicted of an offense or offenses committed when the person was under 18 years of age and is serving a sentence of imprisonment for the offense or offenses, after that person has served 15 years of imprisonment for the offense. (1) “Served 15 years of imprisonment” means that 15 years have passed since the person began serving the sentence, including pretrial incarceration but not including any reduction in sentence under ORS 421.121 or any other statute. (2) An AIC shall submit a petition to the Board of Parole to request a hearing. The person may submit the petition up to one year before eligibility. The Board shall schedule the hearing within a reasonable period of time upon receipt of the petition, and after the person has served 15 years of imprisonment. For scheduling purposes, the Board may add time to allow for the person to be examined by a psychiatrist or psychologist as described in ORS 144.397. (3) The Board shall factor in any resentencing or additional sentence received while in custody of a Department of Corrections facility. Statutory/Other Authority: ORS 144.223, 144.226 & 144.397 Statutes/Other Implemented: 144.397 History: PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022
255-033-0040 Hearing Protocols Manner of Hearing (1) The proceedings shall be governed by the hearings procedures outlined in Oregon Administrative Rule 255, Division 30; 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-0040, and 255-030-0046. (2) Nothing in this OAR is to be construed as limiting a right a victim would have at this hearing under the United States and Oregon Constitutions, any Oregon statute, including ORS 144.750, or any Oregon administrative rule. (3) The Board shall provide notice of the hearing to: (a) the district attorney of the county in which the person was convicted; and (b) the victim of any offense for which the person is serving a sentence if the victim requests to be notified and furnishes the Board with current contact information. (4) At the hearing, the AIC has: (a) the burden of proving by a preponderance of the evidence that the person has demonstrated maturity and rehabilitation based on consideration of the age and immaturity of the person at the time of the offense, and the person’s behavior thereafter; and (b) the right to counsel, including counsel appointed at Board expense, at a hearing. (5) The initial testimony of each witness, excluding the initial testimony of the AIC, shall not exceed 10 minutes. The total length of initial witness testimony, including any initial testimony of the AIC, shall not exceed 2 hours. The presiding Board member may grant additional time for initial witness testimony, at the time of the hearing, upon a finding that further testimony is likely to be relevant and material to the Board's decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence. (a) The AIC may request the Board allow additional time for initial witness testimony beyond 2 hours by submitting a written request to the Board no later than 7 days prior to the hearing. The request shall contain the following information: (A) the amount of additional time requested; (B) the reason for why additional time is being requested; and (C) the nature of the information that will be provided during witness testimony requiring additional time. (b) The Board may grant the request if the Board determines the additional witness testimony is likely to be relevant and material to the Board’s decision. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 144.397 Statutes/Other Implemented: ORS 144.397 History: PAR 12-2025, amend filed 09/16/2025, effective 09/16/2025 PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022
255-033-0050 Final Determinations (1) The Board will make a final determination by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing, and all timely submitted relevant materials. (2) The Chairperson of the Board, or designee, shall make assignments of Board Members to the panels. The Chairperson of the Board may participate on any panel. Each panel shall have the authority to hear and determine all questions before it. The vote of a majority of the panel is required to make a finding that the person has demonstrated maturity and rehabilitation. If the panel fails to arrive at a majority decision, another Board Member shall vote on the matter administratively. (3) If the Board finds that, based on the consideration of the age and immaturity of the person at the time of the offense and the person’s behavior thereafter, the person has demonstrated maturity and rehabilitation, the Board shall release the person as follows: (a) For a person sentenced under ORS 163.105, 163.115 or 163.155, the Board shall set a release date that is not more than 60 days from the date of the hearing and, notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be released on parole in accordance with ORS 144.125, 144.260 and 144.270. (b) A person sentenced to a term of imprisonment under a provision of law other than ORS 163.105, 163.115 or 163.155 shall be released on post-prison supervision in accordance with ORS 144.096 and 144.098 within 60 days of the date of the hearing. (4) If the Board determines that the person has not demonstrated maturity and rehabilitation under OAR 255-033-0030, the Board may deny release and postpone a subsequent hearing to a date that is at least two years but no more than 10 years from the date of the hearing. (5) The Board shall consider the factors listed in Division 62 when setting a subsequent hearing date. Statutory/Other Authority: ORS 144.096, 144.098, 144.125, 144.260, 144.270 & 144.397 Statutes/Other Implemented: 144.397 History: PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022
255-033-0060 Notices Following Hearing Following a Board decision under this section, the Board shall send written notice of the Board's order to the AIC, district attorney of the committing jurisdiction, and Board registered victims. Statutory/Other Authority: ORS 144.397 Statutes/Other Implemented: ORS 144.397 History: PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022
255-035-0006 Exhibits Exhibits AI, AII, AIII, BI, BII, C, D, EI, EII, EIII, and F are essential components of the parole matrix guidelines and are hereby incorporated by reference. [ED. NOTE: Exhibits referenced are available from the Board.] Statutory/Other Authority: ORS 144.050, 144.120, 144.780 & 144.787 Statutes/Other Implemented: ORS 144.780 & 144.787 History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 8-1992, f. & cert. ef. 10-9-92
255-035-0013 Factors Which Determine an Initial Parole Release Date During the prison term hearing the board shall make findings of fact concerning: (1) The prison term commencement date; (2) The crime severity rating and subcategory rationale (Exhibit A); (3) The inmate’s history/risk assessment score (Exhibit B); (4) The matrix range; (5) When there is a variation from the range, the reason for the variation; (6) Aggravation (Exhibit E-1); (7) Mitigation (Exhibit E-2); and (8) Minimum sentences. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 144.129(2), 144.110 & 144.780-787 Statutes/Other Implemented: ORS 137.122, 137.551, 144.035(4), 144.050, 144.110, 144.120, 144.129(2), 144.245 & 144.780 - 144.787 History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 12-1988(Temp), f. & ef. 7-20-93 PAR 1-1991, f. & cert. ef. 1-16-91 PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 1-1990(Temp), f. & cert. ef. 2-20-90 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 7-1988, f. & ef. 7-1-88 PAR 8-1988, f. & ef. 7-1-88 PAR 6-1988, f. & ef. 5-19-88 PB 9-1985, f. & ef. 5-31-85
255-035-0014 Initial Parole Release Date for Offenders Whose Probations Are Revoked November 1, 1989 or Later (1) To the extent permissible under law, for those offenders who committed crimes prior to November 1, 1989 and the court revoked the previously ordered probation November 1, 1989 or later, the board shall: (a) Make the findings of fact listed in OAR 255-035-0013 pursuant to Divisions 30 and 35 of the Board of Parole and Post-Prison Supervision rules; and (b) Make findings of fact pursuant to the Sentencing Guidelines Grid and applicable rules found in OAR chapter 213 and herein incorporated by reference including: (A) Crime category (213-004-0002, 213-004-0003, 213-004-0004, 213-004-0005, divisions 17, 18, 19 of OAR 213); (B) Criminal history as established by the post-sentence report (213-004-0006, 213-004-0007, 213-004-0008, 213-004-0009, 213-004-0010, 213-004-0011); (C) Guideline ranges (Appendix 1 to OAR 213); (D) Aggravating or mitigating factors, if any (213-005-0001); (E) Upholding or overriding minimum sentences; (F) Summing of consecutive ranges (OAR 213-012-0001 to 0004); and (c) Except when the board upholds a minimum sentence or denies parole, set the prison term pursuant to: (A) The Sentencing Guidelines Grid (213-010-0002, 213-005-0006, Appendix 1) to the extent permissible under law, if the resultant prison term would be shorter than it would be under the Board of Parole Matrix Guideline and applicable rules; (B) The Matrix Guidelines (255-035-0013) if the resultant prison term would be shorter than it would be under the Sentencing Guidelines Grid and applicable rules. (2) When the board upholds a judicially or statutorily set minimum sentence which is longer than the prison term would otherwise be under the Sentencing Guidelines Grid, the board shall set the prison term at minimum sentence. (3) When the court orders a sentence shorter than the applicable prison term, the board shall apply OAR 255-035-0025. (4) Notwithstanding OAR 255-035-0025, the board may order a prison term of less than (6) months when the crime severity and criminal history fall below the Sentencing Guidelines dispositional line. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 137.551 Statutes/Other Implemented: ORS 137.551 History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 5-1992(Temp), f. & cert. ef. 6-24-92 PAR 1-1992, f. & cert. ef. 1-13-92 Reverted to PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 3-1991(Temp), f. & cert. ef. 5-1-91 PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 4-1989, f. & cert. ef. 11-1-89
255-035-0016 Variations from the Ranges for Aggravation or Mitigation (1) The Board may depart from the appropriate parole matrix range only upon making a specific finding that there is aggravation or mitigation which justifies departure from the range pursuant to OAR 255-005-0005, Exhibit E (Parts 1 and 2). The Board shall clearly state on the record the facts and specific reasons for its finding. The Board may give items of aggravation and mitigation different weight and not necessarily balance them one for one. (2) If a panel finds that the matrix range and the variations permitted a panel is inadequate to establish a prison term because of the panel’s findings of aggravation or mitigation, it shall secure a third vote for an additional variation or refer the matter to the Full Board. (3) OAR 255-005-0005, Exhibit D shows the maximum allowable variations from a range. The Board may apply a portion or all of the variation allowed. (4) The Board shall also apply these provisions to unified ranges. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 144.120(2) & 144.785 - 144.787 History: PAR 1-1992, f. & cert. ef. 1-13-92 PAR 4-1989, f. & cert. ef. 11-1-89 PAR 18-1988, f. & ef. 12-6-88 PAR 14-1988(Temp), f. & ef. 9-20-88 PAR 7-1988, f. & ef. 7-1-88 PAR 8-1988, f. & ef. 7-1-88 PAR 6-1988, f. & cert. ef. 5-19-88 Reverted to 2PB 9-1985, f. & ef. 5-31-85 2PB 3-1986(Temp), f. & ef. 12-2-86 2PB 2-1986(Temp), f. & ef. 11-13-86 2PB 9-1985, f. & ef. 5-31-85
255-035-0018 Multiple Concurrent Convictions When concurrent sentences exist, the inmate shall be given a prison term based on the crime that provides for the longest prison term. Statutory/Other Authority: ORS 137.122 Statutes/Other Implemented: ORS 144 History: PAR 9-2000, f. & cert. ef. 11-15-00 PAR 4-1989, f. & cert. ef. 11-1-89 PAR 6-1988, f. & cert. ef. 5-19-88
255-035-0020 Board Bound by Court Order (1) The Board of Parole and Post-Prison Supervision does not have the authority to run a sentence concurrently or consecutively to an out-of-state jurisdiction, but is bound by the final judgment order issued by the Oregon courts. (2) The Board does not have the authority to convert a court ordered indeterminate sentence for a crime committed prior to November 1, 1989 to a Sentencing Guidelines determinate sentence. Statutory/Other Authority: ORS 137.120, 137.122, 137.123, 144.050, 144.079 & 144.783 Statutes/Other Implemented: ORS 144 History: PAR 8-1992, f. & cert. ef. 10-9-92 PAR 2-1990, f. & cert. ef. 4-5-90 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 1-1979, f. & ef. 2-1-79