reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0016 - Variations from the Ranges for Aggravation or Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
The Exhibit(s) referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  Board.
Stat. Auth.: ORS
				  144.120(2) & ORS
				  144.785 - ORS
				  144.787
Stats. Implemented:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0018 - Multiple Concurrent Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
When concurrent sentences exist, the inmate shall be given a prison
				term based on the crime that provides for the longest prison term.
Stat. Auth.: ORS
				  137.122
Stats. Implemented: ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0020 - Board Bound by Court Order

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  137.120, ORS
				  137.122, ORS
				  137.123, ORS
				  144.050 & ORS
				  144.079 & ORS
				  144.783
Stats. Implemented: ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0021 - Consecutive Sentences: Creating a Unified Matrix Range

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding section (4) of this rule, the
			 Board shall establish the principal range for the most serious of the felonies
			 committed during the time period under consideration. If two or more felonies are
			 determined to be equally the most serious, the Board shall establish a principal
			 range for only one of those felonies.
(2) The Board shall then establish a range for
			 each of the remaining felonies committed during the same period using the
			 appropriate base range for the crime pursuant to OAR
			 255-005-0005,
Exhibit C
.
(3) The unified
			 range for crimes committed during the same period shall be determined by summing the
			 range established under section (1) of this rule with the ranges established under
			 section (2) of this rule.
(4) The method
			 established by sections (1) to (3) of this rule for determining the unified range
			 shall not apply if any of the crimes involved is:
(a) Murder, as defined in ORS
			 163.115 or any aggravated form
			 thereof;
(b) Assault in the first
			 degree, as defined in ORS 163.185;
(c) Kidnapping in the first degree, as defined in
			 ORS 163.235;
(d) Rape in the first degree, as defined in ORS
			 163.375;
(e) Sodomy in the first degree, as defined in ORS
			 163.405;
(f) Sexual penetration with a foreign object, as
			 defined in ORS 163.411;
(g) Arson in the first degree, as defined in ORS
			 164.325; or
(h) Treason, as defined in ORS
			 166.005.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0022 - Consecutive Sentences: Referring a Case to the Full Board; Going Below the Range; Additional Consecutive Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a panel recommends that a range be less than the sum of the terms under OAR
			 255-035-0021, the panel shall refer the case to a majority of the Board.
(2) The duration of imprisonment for consecutive
			 sentences may be less than the sum of the terms under OAR 255-035-0021, if the Board
			 finds by a majority vote that consecutive sentences are not appropriate penalties
			 for the criminal offenses involved and that the combined terms of imprisonment are
			 not necessary to protect community security.
(3) When additional sentences are imposed for
			 crimes which took place during the period under consideration at a prior prison term
			 hearing and the additional sentences are consecutive to the sentences already
			 considered, the Board shall:
(a) Conduct a de novo
			 prison term hearing pursuant to the provisions of Division 30 for all the crimes.
			 The Board shall compute the unified range for the additional sentences and the
			 sentences which were already considered under the provisions of OAR
			 255-035-0021;
(b) Conduct a hearing to
			 consider only the additional consecutive sentences using base ranges for the
			 additional sentences. The commencement date for the new prison term under this
			 subsection shall be the parole release date set at the previous prison term hearing;
			 or
(c) Conduct a hearing to consider
			 whether to unsum the additional consecutive ranges.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0023 - Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board shall not
			 release a inmate on parole until the inmate has served a judicially imposed minimum
			 prison term, except upon the affirmative majority vote of members who have found
			 that:
(a) The minimum term is not an appropriate
			 penalty for the criminal offense; and
(b) The minimum term is not necessary to protect
			 the public.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0025 - Setting a Parole Release Date: When Matrix Range Exceeds Good Time Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the board
			 chooses to set a parole release date on a sentence with a statutory good time date
			 which calls for an earlier release than the guideline range indicates (due to a
			 short sentence), the minimum initial prison term shall be 6 months and the maximum
			 shall be as follows:
(a) Six months from the
			 statutory good time date on a sentence of at least one year and less than three
			 years;
(b) Nine months from the
			 statutory good time date on a sentence of three years and less than six
			 years;
(c) Twelve months from the
			 statutory good time date on a sentence of six or more years.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 35 - APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM › Section 255-035-0030 - Parole Denial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except when the
			 result is life imprisonment, the board, with a majority vote of members, may deny
			 parole pursuant to ORS 144.120(4) when:
(a) The commitment offense included particularly
			 violent or otherwise dangerous criminal conduct as defined by section
			 255-005-0005(30); or
(b) Two (2) or more
			 Class A or Class B felony convictions preceded the commitment offense; or
(c) The inmate's record includes a psychiatric or
			 psychological diagnosis of a present severe emotional disturbance such as to
			 constitute a danger to the health and safety of the community.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 36 - DANGEROUS OFFENDERS - FOR CRIMES OCCURRING PRIOR TO NOVEMBER 1, 1989 › Section 255-036-0005 - Parole Consideration Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within six (6) months after commitment to the Department of Corrections' custody of
			 any person sentenced as a dangerous offender, the Board shall set a date for a
			 parole consideration hearing which shall be no later than ten (10) days prior to the
			 date the inmate would have been eligible for parole release under Division 35 of
			 these rules if the court had not sentenced the offender pursuant to ORS
			 161.725 and
			 161.735 as a dangerous offender.
(2) A person
			 sentenced as a dangerous offender for felonies committed prior to November 1, 1989
			 is eligible for parole release:
(a) After having
			 served the Board ordered prison term; and
(b) The Board finds the inmate no longer
			 dangerous; or
(c) The Board finds the
			 inmate remains dangerous but can be adequately controlled with supervision and
			 mental health treatment and that the necessary resources for supervision and
			 treatment are available to the inmate.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 36 - DANGEROUS OFFENDERS - FOR CRIMES OCCURRING PRIOR TO NOVEMBER 1, 1989 › Section 255-036-0010 - Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 120 days of
			 the last day of the prison term and thereafter within 120 days before any parole
			 consideration hearing, the Board shall order a complete mental and psychological or
			 psychiatric examination of the inmate.
(2) The evaluation provided may consist of a
			 diagnostic study, including a comprehensive evaluation of the individual's
			 personality, intelligence level, personal and social adjustments, or other
			 information the psychologist or psychiatrist believes will aid the Board in
			 determining whether the examined person is eligible for release.
(3) The report of the psychologist or psychiatrist
			 shall:
(a) Include a statement as to whether the
			 dangerous offender has any mental or emotional disturbance, deficiency, condition,
			 or disorder predisposing him/her to the commission of any crime to a degree
			 rendering the inmate a danger to the health or safety of others;
(b) Any other information which would aid the
			 Board in determining whether the inmate is eligible for release;
(c) State progress or changes in the condition of
			 the examined inmate;
(d) Contain
			 recommendations for treatment or medication that would assist the inmate in
			 performing satisfactorily in the community upon release;
(e) Be filed with the Board within 60 days after
			 the examination;
(f) Be certified and
			 sent to the inmate, the inmate's attorney, and to the institution
			 superintendent.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 36 - DANGEROUS OFFENDERS - FOR CRIMES OCCURRING PRIOR TO NOVEMBER 1, 1989 › Section 255-036-0015 - Department of Corrections Written Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The written report of the executive officer of the Department of
				Corrections, which the Board shall review at the parole consideration hearing, shall
				contain:
(1) A detailed account of the
			 inmate's conduct while confined;
(2) All
			 infractions of rules and discipline, the circumstances, and the punishment
			 imposed;
(3) Extent to which the inmate
			 has responded to efforts made in the institution to improve his/her mental and moral
			 condition;
(4) A statement as to the
			 person's present attitude towards society, the sentencing judge, the district
			 attorney, and the arresting police officer;
(5) A statement as to the inmate's present
			 attitude towards his/her previous criminal career;
(6) The work record, showing average number of
			 hours worked per day and the nature of the occupations;
(7) The program history, including a summary of
			 any psychological or substance abuse treatment and other activities that will assist
			 the Board in:
(a) Understanding the psychological
			 adjustment and social skills and habits of the inmate; and
(b) Determining the likelihood for successful
			 community reentry.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 36 - DANGEROUS OFFENDERS - FOR CRIMES OCCURRING PRIOR TO NOVEMBER 1, 1989 › Section 255-036-0020 - Request for Review Prior to Release Hearing Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding subsection 1 of OAR
			 255-036-0005, an inmate sentenced as a dangerous offender under ORS
			 161.725 and
			 161.735 may request a parole
			 consideration hearing prior to the earliest time the inmate is eligible for parole
			 release. The Board may consider information presented by the inmate to determine
			 whether the inmate is no longer dangerous or that even though dangerous, can be
			 adequately controlled with supervision and mental health treatment which are
			 available in the community.
(2) The
			 Board shall review the request for a parole consideration hearing by administrative
			 file pass.
(3) If the Board finds, based
			 upon the request and the information therein, there is reasonable cause to believe
			 the inmate is no longer dangerous or even though dangerous, can be adequately
			 controlled with supervision and mental health treatment which are in fact available
			 to the inmate, the Board shall order the documents required by ORS
			 144.228 and this division and conduct
			 a parole consideration hearing as soon as reasonably convenient.
(4) If the Board finds there is not reasonable
			 cause to believe the inmate is no longer dangerous or to believe that the inmate can
			 be adequately controlled with supervision and mental health treatment that is
			 available in the community, the Board will deny the request for an early parole
			 consideration hearing, and review the inmate's case at the originally scheduled
			 parole consideration hearing pursuant to OAR 255-036-0005(1).
Stat. Auth.: ORS
				  144.228
Stats. Implemented: ORS
				  144.096,
				  144.098,
				  144.102,
				  144.106,
				  144.108,
				  144.346 & Ch. 51, OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 36 - DANGEROUS OFFENDERS - FOR CRIMES OCCURRING PRIOR TO NOVEMBER 1, 1989 › Section 255-036-0025 - The Release Hearing Packet

Current through Register Vol. 63, No. 7, July 1, 2024
The Parole Consideration Hearing Packet shall contain:
(1) Institution face sheet;
(2) All prior Board Action Forms;
(3) Psychological or psychiatric evaluations; and
			 reports pursuant to ORS 144.226 to
			 144.228;
(4) Documents listed in OAR
			 255-036-0005(6);
(5)
			 Correspondence;
(6) Presentence
			 Investigation report, post-sentence investigation report, or report of similar
			 content; and
(7) Sentencing
			 orders.
Stat. Auth.: ORS
				  144.228
Stats. Implemented: ORS
				  144.226 &
				  144.228
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 36 - DANGEROUS OFFENDERS - FOR CRIMES OCCURRING PRIOR TO NOVEMBER 1, 1989 › Section 255-036-0030 - Parole Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
A dangerous offender released to parole prior to the sentence
				expiration shall serve the remainder of the sentence term imposed under ORS
				161.725 and
				161.735 on parole. The inmate shall
				serve at least three years of supervised parole.
Stat. Auth.: OL 1993, Ch. 680, Section 1(b) (SB 139)
Stats. Implemented: ORS
				  144.096,
				  144.098,
				  144.102,
				  144.106,
				  144.108,
				  144.346 & Ch. 51, OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 37 - DANGEROUS OFFENDERS › Section 255-037-0005 - Release Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within six (6)
			 months after commitment to the Department of Corrections' custody of any person
			 sentenced as a dangerous offender, the Board shall set a date for a release hearing
			 which shall be no later than ten (10) days prior to the date the inmate is eligible
			 for release on post-prison supervision.
(2) A person sentenced as a dangerous offender for
			 felonies committed on or after November 1, 1989 is eligible for release on
			 post-prison supervision:
(a) after having served
			 the incarceration term set forth on the judgment order; and
(b) the Board finds the inmate no longer
			 dangerous; or
(c) the Board finds the
			 inmate remains dangerous but can be adequately controlled with supervision and
			 mental health treatment and that the necessary resources for supervision and
			 treatment are available to the inmate.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 37 - DANGEROUS OFFENDERS › Section 255-037-0010 - Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within one hundred
			 twenty (120) days of the last day of the incarceration term and at least every two
			 years thereafter, the Board shall order a complete mental and psychological or
			 psychiatric examination of the inmate.
(2) The evaluation provided may consist of a
			 diagnostic study, including a comprehensive evaluation of the individual's
			 personality, intelligence level, personal and social adjustments, or other
			 information the psychologist or psychiatrist believes will aid the Board in
			 determining whether the examined person is eligible for release.
(3) The report of the psychologist or psychiatrist
			 shall:
(a) Include a statement as to whether or
			 not the dangerous offender has any mental or emotional disturbance, deficiency,
			 condition, or disorder predisposing him/her to the commission of any crime to a
			 degree rendering the inmate a danger to the health or safety of others;
(b) Any other information which would aid the
			 Board in determining whether the inmate is eligible for release;
(c) State progress or changes in the condition of
			 the examined inmate;
(d) Contain
			 recommendations for treatment or medication that would assist the inmate in
			 performing satisfactorily in the community upon release;
(e) Be filed with the Board within 60 days after
			 the examination;
(f) Be certified and
			 sent to the inmate, the inmate's attorney, and to the institution
			 superintendent.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 37 - DANGEROUS OFFENDERS › Section 255-037-0015 - Department of Corrections Written Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The written report of the executive officer of the Department of
				Corrections, which the Board shall review at the release hearing, shall
				contain:
(1) A detailed account of the
			 inmate's conduct while confined;
(2) All
			 infractions of rules and discipline, the circumstances, and the punishment
			 imposed;
(3) Extent to which the inmate
			 has responded to efforts made in the institution to improve his/her mental and moral
			 condition;
(4) A statement as to the
			 person's present attitude towards society, the sentencing judge, the district
			 attorney, and the arresting police officer;
(5) A statement as to the inmate's present
			 attitude towards his/her previous criminal career;
(6) The work record, showing average number of
			 hours worked per day and the nature of the occupations;
(7) The program history, including a summary of
			 any psychological or substance abuse treatment and other activities that will assist
			 the Board in:
(a) Understanding the psychological
			 adjustment and social skills and habits of the inmate; and
(b) Determining the likelihood for successful
			 community reentry.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 37 - DANGEROUS OFFENDERS › Section 255-037-0020 - Request for Review Prior to Release Hearing Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding subsection (1) of OAR
			 255-037-0005, a inmate sentenced as a dangerous offender under ORS
			 161.725 and
			 161.735 may request a release hearing
			 prior to the earliest time the inmate is eligible for release to post-prison
			 supervision or a two year review. The Board may consider information presented by
			 the inmate to determine whether the inmate is no longer dangerous or that even
			 though dangerous, can be adequately controlled with supervision and mental health
			 treatment which are in fact available to the inmate.
(2) The Board shall review the request for a
			 release hearing by administrative file pass.
(3) If the Board finds, based upon the request and
			 the information therein, there is reasonable cause to believe the inmate is no
			 longer dangerous or even though dangerous, can be adequately controlled with
			 supervision and mental health treatment which are in fact available to the inmate,
			 the Board shall order the documents required by this division and conduct a release
			 hearing as soon as reasonably convenient.
(4) If the Board finds there is not reasonable
			 cause to believe the inmate is no longer dangerous or even though the inmate remains
			 dangerous, the inmate can be adequately controlled with supervision and mental
			 health treatment and that the necessary resources for supervision and treatment are
			 available to the inmate, the Board will review the [prisoner's] inmate's case at the
			 originally scheduled release hearing pursuant to OAR 255-037-0005(1).
Stat. Auth.: ORS
				  144.228
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 52, OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 37 - DANGEROUS OFFENDERS › Section 255-037-0025 - The Release Hearing Packet

Current through Register Vol. 63, No. 7, July 1, 2024
The Post-Prison Supervision Release Hearing Packet shall
				contain:
(1) Institution face
			 sheet;
(2) All prior Board Action
			 Forms;
(3) Psychological or psychiatric
			 evaluations, and reports pursuant to ORS
			 144.226 to
			 144.228;
(4) Documents listed in OAR
			 255-037-0005(5);
(5)
			 Correspondence;
(6) Field parole
			 analysis report or report of similar content which shall include verification of
			 supervision level and admission to mental health treatment; and
(7) Court orders.
Stat. Auth.: ORS
				  144.228
Stats. Implemented: ORS
				  144.226 & ORS
				  144.228
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 37 - DANGEROUS OFFENDERS › Section 255-037-0030 - Post-Prison Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 dangerous offender released to post-prison supervision prior to the sentence
			 expiration shall serve the remainder of the sentence term imposed under ORS
			 161.725 and
			 161.735 on post-prison
			 supervision.
(2) The Board of Parole and
			 Post-Prison Supervision may return an inmate for a period of 180 days as a sanction
			 for any supervision violation. Notwithstanding ORS
			 137.010 and the rules of the State
			 Sentencing Guidelines Board, the Board may impose the sanction repeatedly for
			 subsequent violations during the term of post-prison supervision.
(3) The Board may at any time, return the inmate
			 to prison and require that the inmate submit to an examination as provided in ORS
			 144.226. If the Board finds the
			 inmate dangerous and/or cannot be adequately controlled with supervision and mental
			 health treatment and/or the necessary resources for supervision and treatment are
			 unavailable to the inmate, the Board shall return the inmate to prison for an
			 indefinite period of time, not to exceed the sentence expiration date.
(4) The Board shall review an inmate returned to
			 prison once every two years as provided in OAR 255-037-0005.
Stat. Auth.: ORS
				  144.232
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 52, OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0005 - Scheduling of Personal Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may reduce
			 an established prison term, as defined in OAR 255-005-0005, after a personal
			 review.
(2) The Board may conduct
			 personal reviews every three years for those inmates whose crimes were committed
			 prior to November 1, 1989. The review period shall begin on the original adjusted
			 commitment date on an uninterrupted period of incarceration.
(3) Inmates with an established prison term of 36
			 months or less may be eligible for a personal review after they have served at least
			 six months of their established prison term within a Department of Corrections
			 institution.
(4) The Board will only
			 conduct a personal review after it has received a positive recommendation for a
			 reduction in the prison term from the Department of Corrections.
(5) Inmates sentenced for aggravated murder or as
			 dangerous offenders, and those whose parole the Board denied are not subject to
			 personal reviews. Dangerous offenders may be eligible for personal reviews upon
			 receipt of a positive recommendation from the Department of Corrections, if the
			 Board has found their condition absent or in remission and has set a parole release
			 date.
(6) After the Department of
			 Corrections sends a recommendation, the Board may accept another recommendation for
			 the period under review.
Stat. Auth.: ORS
				  144.122 & ORS
				  144.226
Stats. Implemented: ORS
				  144.122 & ORS
				  144.126
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0010 - Procedure for Personal Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A panel
			 or the Full Board shall conduct personal review hearings pursuant to OAR
			 255-030-0015.
(2) The Board may conduct
			 personal reviews administratively.
Stat. Auth.: ORS
				  144.025
Stats. Implemented: ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0023 - Less Than 36 Month Prison Term Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) By letter of agreement, the Board may
			 authorize the Department of Corrections to apply the same criteria and percentage
			 reductions to an offender's prison term as the Department applies to offenders
			 earning credit toward their determinate sentences under Sentencing Guidelines'
			 rules. The authorization shall apply only to offenders:
(a) With an established prison term of 36 months
			 or less; and
(b) Who have served at
			 least six months in Department of Correction's custody; and
(c) Who display an extended course of conduct
			 indicating outstanding reformation.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0025 - Resetting the Parole Release Date to an Earlier Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For inmates with an established prison term
			 greater than 36 months who demonstrate an extended course of conduct indicating
			 outstanding reformation, the Board may grant a reduction of up to seven months for
			 each three-year period under review. The inmate shall first serve the three-year
			 period before the Board will review it.
(2) The purpose of a personal review hearing shall
			 be to determine:
(a) Whether continued
			 incarceration is cruel and inhumane;
(b)
			 Whether resetting the release date to an earlier date is compatible with the best
			 interests of the inmate and society; and
(c) Whether the inmate's progress indicates
			 outstanding reformation so as to warrant a reduction in the prison term under the
			 following criteria:
(A) The individual merits of
			 each case;
(B) The seriousness of the
			 crime;
(C) The protection of the
			 public;
(D) Demonstrable achievement in
			 dealing with problems present at the time of incarceration and associated with
			 criminal conduct (e.g., psychological disorder, drug or alcohol dependency, lack of
			 educational or vocational skills);
(E)
			 Documented cooperation with authorities while in custody where a substantial benefit
			 is derived by the authorities; and
(F)
			 The absence of disciplinary actions resulting from violation of rules within the
			 review period.
(d) That
			 appropriate supervision and services are available for the particular inmate and to
			 order supervision conditions.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0026 - Effect of Minimum Terms on Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the inmate has a judicial minimum sentence
			 greater than 36 months, which the Board previously upheld pursuant to ORS
			 144.110 or ORS
			 163.115, the Board must overturn the
			 minimum before it can grant a reduction from the previously established
			 term.
(2) If the inmate has a mandatory
			 minimum sentence pursuant to ORS
			 161.610, the Board cannot grant a
			 reduction below the mandatory minimum sentence and the statutory reduction for good
			 time, except as provided in OAR 255-040-0028.
Stat. Auth.: ORS
				  144.122, ORS
				  144.126, ORS
				  144.110, ORS
				  163.115 & ORS
				  161.610
Stats. Implemented: ORS
				  144.110, ORS
				  144.122, ORS
				  144.126 & ORS
				  163.115
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0027 - Special Request Reductions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 the institution superintendent and Director of the Department of Correction's
			 special request for a reduction in the prison term, a Board majority may schedule a
			 hearing or may consider the request administratively.
(2) The criteria for a special request reduction
			 shall be:
(a) Demonstrated outstanding reformation
			 using the criteria in OAR 255-040-0025(2); and
(b) Documented cooperation with authorities
			 contributed significantly to the safety and security of the facility; or
(c) Cooperation with law enforcement officials
			 results in the apprehension, interruption and conviction of persons involved in
			 significant ongoing criminal activity.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0028 - Reductions for a Severe Medical Condition or Incapacitated Elderly Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided
			 in subsections (3) and (4) of this rule, the Board may consider reductions in prison
			 terms when any inmate, regardless of whether they committed their crime before or
			 after November 1, 1989, is suffering from a severe medical condition or is elderly
			 and is permanently incapacitated and is unable to move from place to place without
			 the assistance of another. The following information must accompany a request for
			 reduction:
(a) A medical authority's report, which
			 attests to validity of the condition with reasons why continued incarceration would
			 be cruel and inhumane; and
(b) The
			 institution superintendent's recommendation; and
(c) The Department of Corrections Director's
			 recommendation regarding whether resetting the release date to an earlier date is
			 compatible with the best interests of the inmate and society; and
(d) The Governor's commutation for those sentenced
			 to life in prison or death for aggravated murder.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0035 - Notice; Disclosure; Record

Current through Register Vol. 63, No. 7, July 1, 2024
The notice, disclosure, and record making provisions of Division 30
				shall apply to all hearings, and reviews granted under this
				Division.
Stat. Auth.: ORS
				  144.120(3), ORS
				  144.120(7), ORS
				  144.122, ORS
				  144.123, ORS
				  144.126, ORS
				  144.130 & ORS
				  144.135
Stats. Implemented: ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 40 - PERSONAL REVIEWS AND REDUCTIONS IN PRISON TERMS › Section 255-040-0040 - Personal Review Packets

Current through Register Vol. 63, No. 7, July 1, 2024
The Personal Review Packet shall contain:
(1) Institution face sheet;
(2) All Board Action Forms since the prison term
			 hearing;
(3) Psychological evaluations
			 (last 6 months);
(4) Recommendation to
			 reset the release date to an earlier date;
(5) Correspondence;
(6) Field parole analysis report or report of
			 similar content; and
(7) Court
			 orders.
Stat. Auth.: ORS
				  144.120(3), ORS
				  144.122, ORS
				  144.123, ORS
				  144.126, ORS
				  144.130 & ORS
				  144.135
Stats. Implemented: ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0005 - Grounds for Postponing a Parole Release Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall postpone an inmate's scheduled
			 release date according to the procedures set forth in OAR 255-050-0010, if it finds
			 that the inmate engaged in serious misconduct during confinement.
(2) The Board may postpone an inmate's scheduled
			 release date upon:
(a) A report of serious
			 misconduct and a recommendation for an extension of the prison term from the
			 Director of the Department of Corrections or designee;
(b) Reasonable grounds to believe an inmate has
			 violated a law or engaged in serious misconduct; or
(c) The refusal of an inmate to participate in a
			 Board-ordered psychiatric or psychological evaluation pursuant to ORS
			 144.223;
(d) Notification of unauthorized
			 absence.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0010 - Postponement Procedures: Hearing by Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Board conducts a parole postponement
			 hearing, the following procedure shall apply:
(a)
			 The Board shall give the inmate notice of the hearing and its purpose; the
			 provisions of Division 30 as to appearance, disclosure, and record shall apply
			 except:
(b) An inmate may not waive
			 his/her right to appear;
(c) An inmate
			 may not relitigate facts which the institution hearings officer has found at the
			 disciplinary hearing.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0011 - Department of Corrections Report of Misconduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of the Department of Corrections
			 or designee may recommend an extension of an inmate's parole release date as a
			 disciplinary sanction.
(2) The following
			 guidelines shall apply to a recommendation to extend a prison term:
(a) The Department shall have provided the inmate
			 an opportunity for a Department of Corrections disciplinary hearing, and found the
			 inmate to have violated a rule governing prohibited inmate conduct; and
(b) The Department shall not recommend an
			 extension of a prison term unless all other disciplinary options have been
			 specifically considered and deemed, individually and in combination, inadequate for
			 the seriousness of the misconduct.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0012 - Postponement When Informed of Reasonable Grounds

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may rescind the parole release date when the Board is
				informed of reasonable grounds to believe that an inmate has violated a law or has
				engaged in serious misconduct. A fact-finding hearing shall be held by a Department
				of Corrections hearings officer to determine if the law violation or misconduct
				occurred. However, if the inmate has received an additional sentence to the
				Department of Corrections custody, no hearing is required.
Stat. Auth.: ORS
				  144.125 & ORS
				  144.223
Stats. Implemented: ORS
				  144.125 & ORS
				  144.223
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0013 - Postponement for Refusing to Participate in a Psychiatric or Psychological Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may postpone a parole release date until a specified future date when an
			 inmate has refused to participate in a psychiatric or psychological evaluation,
			 which the Board ordered pursuant to ORS
			 144.223, prior to the inmate's
			 release on parole.
(2) When the Board
			 rescinds a parole release date under this section, the Board shall conduct a hearing
			 to postpone the inmate's release date.
(3) The Board may postpone the parole release date
			 up to two days before the inmate's good time date.
Stat. Auth.: ORS
				  144.125 & ORS
				  144.223
Stats. Implemented: ORS
				  144.050, ORS
				  144.140, ORS
				  144.125 & ORS
				  144.223
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0015 - Unauthorized Absence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The parole
			 release date of an inmate who is on unauthorized absence from a correctional
			 facility shall be rescinded automatically. The Board may schedule a hearing when the
			 inmate is available or the Board may administratively reset the parole release date
			 by adding the inoperative time to the prison term.
(2) The Board or its designee shall add the
			 inoperative time to the prison term in the following manner:
(a) If the unauthorized absence occurs prior to
			 the parole release date and the inmate returns to custody of the Department of
			 Corrections after the parole release date:
(A)
			 Count the first day of unauthorized absence and every day up to the parole release
			 date;
(B) Add the total number of days
			 determined in (A) of this subsection to the date of return to the Department of
			 Corrections' custody following a hold in another in-state or out-of-state
			 jurisdiction.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 50 - POSTPONING A PAROLE RELEASE DATE FOR SERIOUS MISCONDUCT › Section 255-050-0025 - Misconduct Board Review Packet

Current through Register Vol. 63, No. 7, July 1, 2024
The Misconduct Board Review Packet shall contain:
(1) Institution face sheet;
(2) All Board Action Forms since the prison term
			 hearing;
(3) Psychological
			 evaluations;
(4) Disciplinary report
			 from the institution;
(5)
			 Correspondence;
(6) Field parole
			 analysis report;
(7) Court
			 orders;
(8) PSI, PSR, PAR or document of
			 similar content;
(9) DOC hearings
			 officer's findings and recommendations;
(10) Inmate's Notice of Rights and Board of Parole
			 & Post-Prison Supervision Procedures.
Stat. Auth.: ORS
				  144.125 & ORS
				  144.223
Stats. Implemented: ORS
				  144.125 & ORS
				  144.223
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0006 - Exit Interviews: Parole Plan; and Psychiatric Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time prior to an inmate's scheduled
			 release to post-prison supervision or parole, the Board on its own initiative or at
			 the request of the Department of Corrections, may conduct an exit interview to
			 review the inmate's:
(a) Release plan;
(b) Victim's statements, if any;
(c) PSR or similar report;
(d) Psychiatric/psychological reports, if
			 any;
(e) Conduct while in confinement;
			 and
(f) Any other information relevant
			 to the inmate's reintegration into the community that the inmate, the inmate's
			 attorney, the Department of Corrections or any other person submits.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0008 - Release Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At any time prior to
			 release on parole or post-prison supervision, the Board shall examine the Adult in
			 Custody's/Offender's (AIC) plans for residence, employment, or other situation in
			 the community to determine whether the release plan is adequate. The plan may
			 include, but is not limited to:
(a)
			 employment;
(b) school, or other
			 situation (e.g., retirement income);
(c)
			 verifiable residence;
(d) a description
			 of support services, program opportunities and treatment programs;
(e) prescribed medication;
(f) recommended conditions of supervision for the
			 purpose of reformation and public safety, including a recommendation for waiver of
			 the condition of supervision that the AIC reside for the first six months in the
			 county where the AIC resided at the time of the offense that resulted in
			 imprisonment;
(g) level of supervision
			 consistent with the AIC's risk assessment classification; and
(h) a restitution and compensatory fine payment
			 schedule.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0009 - Residence Requirements for Certain Sex Offenders Upon Release from Custody

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A sex offender
			 classified as a sexually violent dangerous offender (ORS
			 137.765) or a predatory sex offender
			 (ORS 181.765) may not reside near
			 locations where children are the primary occupants or users.
(2) This prohibition applies to permanent housing
			 and not to transitional housing. For purposes of this rule, transitional housing
			 means housing intended to be occupied by a sexually violent dangerous offender or a
			 predatory sex offender for 45 days or less immediately after release from
			 custody.
(3) Exceptions to this
			 prohibition may be made by the supervising parole/probation officer if it is
			 determined that there is sufficient information to support this placement in terms
			 of public safety and the rehabilitation of the offender. In making this
			 determination, the following factors must be considered:
(a) Other residential placement options pose a
			 higher risk to the community, or
(b) An
			 enhanced support system that endorses supervision goals and community safety efforts
			 is available at this residence, or
(c)
			 Enhanced supervision monitoring will be in place (e.g. electronic supervision,
			 curfew, live-in-care provider, along with community notification), or
(d) This residence includes 24-hour case
			 management, or
(e) The offender is being
			 released from prison unexpectedly and more suitable housing will be arranged as soon
			 as possible. If any of these factors apply to the offender and the residence under
			 review, an exception to the permanent residence prohibition may be
			 allowed.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0011 - Procedures for Predatory Sex Offender Designation for Offenders on Parole and Post-Prison Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) For purposes of this rule, a predatory sex
			 offender is defined as a person who exhibits characteristics showing a tendency to
			 victimize or injure others and has been convicted of one or more of the following
			 offenses: Rape in any degree, Sodomy in any degree, Unlawful Sexual Penetration in
			 any degree or Sexual Abuse in any degree, or has been convicted of attempting to
			 commit one or has been found guilty except for insanity of one of these crimes. In
			 determining whether an inmate or offender is a predatory sex offender under this
			 rule, the Board shall use the Static-99R (Exhibit Q-1) and definitions (Exhibit
			 Q-2), which have been approved by the Department of Corrections as required by ORS
			 181.585(2). The
			 Board may also consider any other evidence that the offender exhibits
			 characteristics showing a tendency to victimize or injure others.
(b) All exhibits referenced in this rule are filed
			 with the rule and are available at the Secretary of State's office, the Board's
			 website, or on request from the Board.