reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 25 - ADJUSTED COMMITMENT DATE › Section 255-025-0010 - Credit for Time Served

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 certification of the credit for time served by the Department of Corrections, the
			 board shall grant time served credit towards the prison term for the following time
			 periods:
(a) The actual, non-overlapping, certified
			 time served in the county jail after arrest until the prison term begins;
			 or
(b) The actual, non-overlapping,
			 certified time served in the county jail as a condition of probation.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 25 - ADJUSTED COMMITMENT DATE › Section 255-025-0030 - Effect of Inoperative Time on Prison Terms

Current through Register Vol. 63, No. 7, July 1, 2024
Inoperative time shall not count towards the completion of a prison
				term or an incarceration term for violation of parole or post-prison supervision
				conditions. In resetting the release date, the inoperative time shall be added to
				the term as provided in OAR 255-050-0015. The Board shall notify the inmate of its
				action.
Statutory/Other Authority: ORS
				  144.050 & 144.140
Statutes/Other Implemented: ORS
				  144.050 &
				  144.140
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 25 - ADJUSTED COMMITMENT DATE › Section 255-025-0035 - Adjusted Commitment Date for Parole Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The adjusted commitment date for parole violators with new
				convictions or new commitments shall be calculated as outlined in OAR
				255-075-0078.
Stat. Auth.: ORS 144
Stats. Implemented: ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0010 - Scheduling Prison Term Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board shall conduct a hearing to establish a prison term for each new inmate whose
			 crime was committed prior to November 1, 1989, within:
(a) Six months of admission to a Department of
			 Corrections facility for those sentenced to five years or less;
(b) Eight months of admission to a Department of
			 Corrections facility for those sentenced to more than five years but less than
			 fifteen years; or
(c) Twelve months of
			 admission to a Department of Corrections facility for those sentenced to life or
			 fifteen years or more.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0013 - Notification of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board shall send written notice of the hearing and its purpose to the inmate. The
			 inmate shall receive a copy of the Board Review Packet, including the notice of
			 rights (Exhibit NOR-1), at least 14 days prior to the hearing.
(2) If the inmate did not receive 14 days notice,
			 the Board may reschedule the hearing or the inmate may waive the notice and the
			 Board shall conduct the hearing.
(3) The
			 Board shall attempt to notify the victim, if the victim requests notification and
			 furnishes the Board a current address, and the District Attorney of the committing
			 county at least ninety (90) days before all hearings by sending written notice to
			 the current addresses of both parties.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  144.120(7) &
				  144.130
Statutes/Other Implemented: ORS
				  144.120(7) &
				  144.130
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0015 - When Full Board Is Required; Procedures for Board Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided in this rule, a
			 panel of two voting members of the Board shall conduct all prison term hearings and
			 shall make the final decision.
(2) A
			 panel of at least two members of the Board, may conduct hearings in the following
			 cases; a majority of the Board shall make the final decision:
(a) The court sentenced the inmate under ORS
			 161.725 and
			 161.735 as a dangerous offender;
(b) The Department of Corrections
			 recommends an extension of more than two years in the prison term for misconduct;
(c) The court ordered a minimum
			 sentence pursuant to ORS 144.110 and the minimum exceeds the
			 matrix range and the variations permitted a panel;
(d) A panel recommends a decision to set the
			 prison term below a judicially set minimum sentence (A panel may uphold a judicial
			 minimum);
(e) A panel recommends
			 unsumming a unified range.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0021 - Manner of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
At the chairperson's discretion, the Board or its designated
				representative may conduct any hearing by teleconference call, videoconference call,
				or other electronic medium that ensures the inmate, the Board, and other
				participants the opportunity to hear and be heard.
Stat. Auth.: ORS
				  144.035(5)
Stats. Implemented: ORS
				  144.035(5)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0023 - Inmate Appearance at Board Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The inmate shall be present in person, by
			 telephone or videoconference, or by any other electronic medium that ensures the
			 inmate, the Board, and other participants the opportunity to hear and be heard.
(2) If an inmate refuses to appear at a
			 hearing, the refusal will be considered to be the inmate's waiver of appearance.
(3) The Board may compel an inmate's
			 appearance when the inmate refuses to appear.
(4) The Board may choose not to compel the inmate
			 to attend the hearing. The Board may then reschedule the hearing, or hold the
			 hearing and make a decision in the inmate's absence.
Stat. Auth.: ORS
				  144.035(5) &
				  144.120
Stats. Implemented: ORS
				  144.035(5) &
				  144.120
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0024 - Prison Term Hearing Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0025 - Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  144.123 &
				  144.120(7)
Stats. Implemented: ORS
				  144.120(7),
				  144.123 &
				  192.630
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0026 - Who May Appear at a Board of Parole and Post-Prison Supervision Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmate
			 Accompaniment: When appearing before the Board of Parole and Post-Prison Supervision
			 in a hearing, an inmate may be accompanied at the Department of Corrections facility
			 in which the inmate is confined, subject to the prior approval of the facility
			 functional unit manager or designee, by:
(a) A
			 person who has been approved for privileged visiting in accordance with the
			 Department of Corrections rule on Visiting (Inmate) (OAR 291-127);
(b) An assigned inmate legal assistant, selected
			 in accordance with the Department of Corrections rule on Legal Affairs (Inmate) (OAR
			 291-139), from the Department of Corrections facility where the inmate is confined;
			 or
(c) The inmate's attorney.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0027 - Victim, District Attorney and Inmate Statements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  144.750 & former
				  144.120(7)
Stats. Implemented: ORS
				  144.750 & former
				  144.120(7)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0032 - Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0035 - Information the Board Shall Consider at a Prison Term Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0040 - Inmate's Access to Written Materials/Rebuttal and Deadlines for Receiving Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  144.050,
				  144.130,
				  144.223,
				  192.502(4) or
				  (5)
Stats. Implemented: ORS
				  144.130
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0046 - Continuance of Hearings: Cancellation of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
(2) A request for cancellation or
			 postponement of a hearing must be for good cause, in writing, and at least seven
			 days before the hearing.
(3) A hearing
			 may not be postponed or cancelled if that action would violate any statute or rule
			 requiring the hearing to be held.
(4)
			 If the Board cancels a hearing at an inmate's request, the inmate shall not be
			 eligible to request another hearing for 90 days from the date of the scheduled
			 hearing. The decision to grant a hearing is at the discretion of the Board.
Stat. Auth.: ORS
				  144.050
Stats. Implemented: ORS
				  144.185
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 30 - PRISON TERM HEARING AND HEARING PROCEDURES › Section 255-030-0055 - Notice of Decision Following Prison Term Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0005 - Prison Term Hearing to Be Held

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  144.120,
				  163.095,
				  163.115,
				  419C.340 &
				  419C.364
Stats. Implemented: ORS
				  163.105
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0010 - Minimum Period of Confinement Pursuant to ORS 163.105 or ORS 163.115

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  144.110, ORS
				  163.105 & ORS
				  163.115
Stats. Implemented: ORS 144, ORS
				  163.105 & ORS
				  163.115
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0015 - Petition/Purpose for Review Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0020 - Purpose of Review Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  144.110(2)(b), ORS
				  163.105(1), ORS
				  161.620 & ORS
				  144.780
Stats. Implemented: ORS
				  144.050, ORS
				  144.140, ORS
				  144.226, ORS
				  144.228 & ORS
				  144.232
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0022 - Murder Review Hearings Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Tables referenced are not included in rule text.
Click here for PDF copy
				  of exhibit(s)
.
Stat. Auth.: ORS
				  183.415,
				  163.105(2),
				  163.115(5)
Stats. Implemented:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0025 - Manner of Review Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 proceedings shall be governed by the procedures for records, disclosure, and notice
			 outlined in divisions 15 and 30.
(2) At
			 the hearing, the inmate has:
(a) The burden of
			 proving by a preponderance of the evidence the likelihood of rehabilitation within a
			 reasonable period of time; and
(b) If
			 the inmate is without sufficient funds to be represented by an attorney at the
			 hearing, the Board shall appoint legal counsel. The Board will make payment to the
			 attorney according to rules posted on the Board website:
			 http://www.oregon.gov/boppps/ [File Link Not Available].
(c) The right to a subpoena issued by the Board
			 upon a showing of the general relevance and reasonable scope of the evidence sought,
			 and pursuant to Board rules.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0027 - Inmate's Right to Review Record; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  183.335,
				  192.410 -
				  192.505,
				  144.025(3) &
				  144.050
Stats. Implemented:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0029 - Subpoenas for a Murder Review Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  44.415 &
				  183.440
Stats. Implemented:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0030 - Evidence in a Murder Review Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0031 - Final Orders in Murder Review Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0032 - Continuance of Hearings: Cancellation of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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 not to exceed 60 days to obtain additional information required to assist the
			 Board in its decision.
(2) If an inmate
			 asks for cancellation of a hearing, it must be for good cause, in writing, and with
			 seven days advance notice. If the board finds that the cancellation request does not
			 fulfill these requirements, the inmate shall not be eligible to request another
			 hearing for 90 days from the date of the scheduled hearing.
Stat. Auth.: ORS
				  183.341(2)
Stats. Implemented:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0035 - Effect of Denying Relief Request

Current through Register Vol. 63, No. 7, July 1, 2024
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 ORS144.285(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.
Stat. Auth.: ORS
				  163.105,
				  144.285
Stats. Implemented: ORS 144,
				  163.105
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0037 - Prison Term Hearings for Inmates Found Likely to be Rehabilitated

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  144.120; Other Auth.: 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)
Stats. Implemented: ORS
				  144.120,
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 32 - AGGRAVATED MURDER › Section 255-032-0040 - Record/Notice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 144
Stats. Implemented: ORS
				  144.120, ORS
				  144.135 & ORS
				  144.260
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE › Section 255-033-0010 - Purpose And Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE › Section 255-033-0020 - Determination of Eligibility for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE › Section 255-033-0030 - Hearing Considerations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 hearing shall provide the person a meaningful opportunity to be released on parole
			 or post-prison supervision.
(2) The
			 Board may require the person, before holding a hearing described in this Division,
			 to be examined by a psychiatrist or psychologist with expertise in adolescent
			 development. Within 60 days of the evaluation, the examining psychiatrist or
			 psychologist shall file a written report of the findings and conclusions of the
			 examination with the Board. A certified copy of the report shall be included in a
			 Board Review Packet. This packet need not include all documents in the person in
			 custody's file but shall contain information relevant to the purpose of the hearing
			 and shall be provided to the person and the person's attorney.
(3) During a hearing under this section, the Board
			 shall consider and give substantial weight to the fact that a person under 18 years
			 of age is incapable of the same reasoning and impulse control as an adult and the
			 diminished culpability of minors as compared to that of adults. The Board shall also
			 consider the following circumstances, if relevant to the specific person and
			 offense:
(a) the age and immaturity of the person
			 at the time of the offense;
(b) whether
			 and to what extent an adult was involved in the offense;
(c) the person's family and community
			 circumstances at the time of the offense, including any history of abuse, trauma,
			 and involvement in the juvenile dependency system;
(d) the person's subsequent emotional growth and
			 increased maturity during the person's imprisonment;
(e) the person's participation in rehabilitative
			 and educational programs while in custody if such programs have been made available
			 to the person and use of self-study for self-improvement;
(f) a mental health diagnosis; and
(g) any other mitigating factors or circumstances
			 presented by the person.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE › Section 255-033-0040 - Hearing Protocols

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Manner
			 of Hearing
(a) 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.
(b) 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.
(c)
			 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 a current address.
(d) 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.
(e) The testimony of each witness shall not exceed
			 10 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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE › Section 255-033-0050 - Final Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE › Section 255-033-0060 - Notices Following Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0006 - Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
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.
The Exhibits incorporated by reference in this rule are available
				  from the agency.
Stat. Auth.: ORS
				  144.050, ORS
				  144.120, ORS
				  144.780 & ORS
				  144.787
Stats. Implemented: ORS
				  144.780 & ORS
				  144.787
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0013 - Factors Which Determine an Initial Parole Release Date

Current through Register Vol. 63, No. 7, July 1, 2024
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.
The Exhibit referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  Board.
Stat. Auth.: ORS 144.129(2), ORS
				  144.110 & ORS
				  144.780-787
Stats. Implemented: ORS
				  137.122, ORS
				  137.551, ORS
				  144.035(4), ORS
				  144.050, ORS
				  144.110, ORS
				  144.120, ORS 144.129(2), ORS
				  144.245 & ORS
				  144.780 - ORS
				  144.787
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0014 - Initial Parole Release Date for Offenders Whose Probations Are Revoked November 1, 1989 or Later

Current through Register Vol. 63, No. 7, July 1, 2024
(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.