Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 62 - SETTING OF PAROLE DEFERRAL PERIODS › Section 255-062-0011 - Type of Hearing Eligible for a Deferral of More than Two Years

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 255-062-0006  applies to the following hearings:
(1) Murder Review Hearing: If the State Board of
			 Parole and Post-Prison Supervision denies a petition for a change in the terms of
			 confinement filed by an inmate under ORS
			 163.105 or
			 163.115, the Board may not grant the
			 inmate a subsequent hearing that is less than two years, or more than 10 years, from
			 the date the petition is denied.
(2)
			 Exit Interview Hearing: Crime Commitment Date prior to 11/01/1989 - but on or after
			 10/4/1977: If the State Board of Parole and Post-Prison Supervision concludes,
			 applying ORS 144.125(3), that an
			 inmate suffers from a present severe emotional disturbance such as to constitute a
			 danger to the health or safety of the community, the Board may not defer the
			 projected parole release date for less than two years, or more than 10 years, from
			 the date of the hearing, unless the inmate would be held beyond the maximum
			 sentence.
(3) Exit Interview Hearing:
			 Crime Commitment Date on or between 1/29/1977 and 10/3/1977: If the State Board of
			 Parole and Post-Prison Supervision finds, based on the doctor's report and
			 diagnosis, coupled with all the information that the Board is considering, and
			 applying OAR 254-050-0015 (1977), ORS
			 144.180, and pursuant to
			 144.175(1), (2),
			 that deferral of the inmate's projected parole release date is necessary, the Board
			 may not defer the projected parole release date for less than two years, or more
			 than 10 years, from the date of the hearing, unless the inmate would be held beyond
			 the maximum sentence.
(4) Exit
			 Interview Hearing for inmates who were convicted of aggravated murder committed on
			 any date, and who have been found by the Board to be likely to be rehabilitated
			 within a reasonable period of time, or who were convicted of murder committed on or
			 after June 30, 1995: If the State Board of Parole and Post-Prison Supervision
			 concludes, applying ORS 144.125(3), that an
			 inmate suffers from a present severe emotional disturbance such as to constitute a
			 danger to the health or safety of the community, the Board may not defer the
			 projected parole release date for less than two years, or more than 10 years from
			 the date of the hearing.
(5) Parole
			 Consideration Hearing: If the State Board of Parole and Post-Prison Supervision
			 finds, pursuant to ORS 144.228, that an inmate who was
			 sentenced as a dangerous offender under
			 161.725 remains a danger, and that
			 the inmate cannot be adequately controlled with supervision and mental health
			 treatment which are available in the community, the Board will conduct the next
			 review hearing no less than two years, or more than 10 years, from the current
			 parole consideration date.
(6) Parole
			 Hearing: Crime Commitment Date before 1/29/1977: If the State Board of Parole and
			 Post-Prison Supervision finds that there is not a reasonable probability that an
			 inmate will, after parole, remain outside the institution without violating the law,
			 and that the inmate's parole release is not compatible with the welfare of society,
			 the Board may not grant the inmate a subsequent hearing that is less than two years,
			 or more than 10 years, from the date parole is denied, unless the deferral period
			 would exceed the maximum sentence imposed by the court.
Stat. Auth.: ORS
				  144.228,
				  144.232,
				  163.105,
				  163.115 & 2009 OL Ch. 660
Stats. Implemented: ORS
				  144.228,
				  144.232,
				  163.105,
				  163.115 & 2009 OL Ch.
				  660