Oregon Administrative Code

255-032-0030 Evidence in a Murder Review Hearing (1) Irrelevant, immaterial, or unduly repetitious evidence will be excluded, and privileges afforded by Oregon law shall be recognized by the presiding member. All other evidence of a type commonly relied upon by reasonably prudent…

255-032-0031 Final Orders in Murder Review Hearings (1) Final orders in Murder Review hearings must be in writing, and if adverse to the inmate include the following: (a) Findings of fact — a concise statement of those matters that are either agreed as fact or that, when disputed…

255-032-0032 Continuance of Hearings: Cancellation of Hearings Requests for continuances or cancellations of a murder review hearing shall be submitted and reviewed as provided in OAR 255-030-0046. Statutory/Other Authority: ORS 144.050, 144.120 & 183.341(2) Statutes/Other Implem…

255-032-0035 Effect of Denying Relief Request If the Board finds that the inmate is not capable of rehabilitation, the Board shall deny the relief sought in the inmate petition. The Board may not grant a subsequent hearing that is less than two years, or more than 10 years, from …

255-032-0037 Prison Term Hearings for Inmates Found Likely to be Rehabilitated (1) The Board shall hold a prison term hearing for an adult inmate convicted of murder as defined in ORS 163.115 or Aggravated Murder as defined in ORS 163.095 committed on or before October 22, 1999, …

255-032-0040 Record/Notice Provisions for maintaining a record of the hearings and providing notice of decision shall be those set forth in divisions 15 and 30 of these rules. Statutory/Other Authority: ORS 144 Statutes/Other Implemented: ORS 144.120, 144.135 & 144.260 History: P…

255-033-0010 Purpose & Authority (1) ORS 144.397 provides that an Adult in Custody (AIC) who was under 18 years of age at time of committing an offense is eligible for release on parole or post-prison supervision after serving 15 years of imprisonment. ORS 144.397 further provide…

255-033-0020 Determination of Eligibility for Hearing The Board shall conduct a hearing to consider release on parole or post-prison supervision for a person who was convicted of an offense or offenses committed when the person was under 18 years of age and is serving a sentence …

255-033-0030 Hearing Considerations (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 o…

255-033-0040 Hearing Protocols Manner of Hearing (1) The proceedings shall be governed by the hearings procedures outlined in Oregon Administrative Rule 255, Division 30; 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-004…

255-033-0050 Final Determinations (1) The Board will make a final determination by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing, and all timely submitted relevant materials. (2) The Chairperson of the Board, or designee, shall make as…

255-033-0060 Notices Following Hearing Following a Board decision under this section, the Board shall send written notice of the Board's order to the AIC, district attorney of the committing jurisdiction, and Board registered victims. Statutory/Other Authority: ORS 144.397 Statut…

255-035-0006 Exhibits Exhibits AI, AII, AIII, BI, BII, C, D, EI, EII, EIII, and F are essential components of the parole matrix guidelines and are hereby incorporated by reference. [ED. NOTE: Exhibits referenced are available from the Board.] Statutory/Other Authority: ORS 144.05…

255-035-0013 Factors Which Determine an Initial Parole Release Date During the prison term hearing the board shall make findings of fact concerning: (1) The prison term commencement date; (2) The crime severity rating and subcategory rationale (Exhibit A); (3) The inmate’s histor…

255-035-0014 Initial Parole Release Date for Offenders Whose Probations Are Revoked November 1, 1989 or Later (1) To the extent permissible under law, for those offenders who committed crimes prior to November 1, 1989 and the court revoked the previously ordered probation Novembe…

255-035-0016 Variations from the Ranges for Aggravation or Mitigation (1) The Board may depart from the appropriate parole matrix range only upon making a specific finding that there is aggravation or mitigation which justifies departure from the range pursuant to OAR 255-005-000…

255-035-0018 Multiple Concurrent Convictions When concurrent sentences exist, the inmate shall be given a prison term based on the crime that provides for the longest prison term. Statutory/Other Authority: ORS 137.122 Statutes/Other Implemented: ORS 144 History: PAR 9-2000, f. &…

255-035-0020 Board Bound by Court Order (1) The Board of Parole and Post-Prison Supervision does not have the authority to run a sentence concurrently or consecutively to an out-of-state jurisdiction, but is bound by the final judgment order issued by the Oregon courts. (2) The B…

255-035-0021 Consecutive Sentences: Creating a Unified Matrix Range (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 d…

255-035-0022 Consecutive Sentences: Referring a Case to the Full Board; Going Below the Range; Additional Consecutive Sentences (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 B…

255-035-0023 Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences (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 tha…

255-035-0025 Setting a Parole Release Date: When Matrix Range Exceeds Good Time Date (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 sentenc…

255-035-0030 Parole Denial (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 …

255-036-0005 Parole Consideration Hearings (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) day…

255-036-0010 Evaluations (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 …

255-036-0015 Department of Corrections Written Reports 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)…

255-036-0020 Request for Review Prior to Release Hearing Date (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 eligib…

255-036-0025 The Release Hearing Packet 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 2…

255-036-0030 Parole Supervision 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. Statutory/Oth…

255-037-0005 Release Hearings (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 in…

255-037-0010 Evaluations (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…

255-037-0015 Department of Corrections Written Reports 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 infracti…

255-037-0020 Request for Review Prior to Release Hearing Date (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 relea…

255-037-0025 The Release Hearing Packet 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 list…

255-037-0030 Post-Prison Supervision (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-Pri…

255-040-0005 Scheduling of Personal Reviews (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…

255-040-0010 Procedure for Personal Reviews (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. Statutory/Other Authority: ORS 144.025 Statutes/Other Implemented: ORS 144 H…

255-040-0023 Less than 36 Month Prison Term Reductions (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 …

255-040-0025 Resetting the Parole Release Date to an Earlier Date (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 eac…

255-040-0026 Effect of Minimum Terms on Reductions (1) If the inmate has a judicial minimum sentence greater than 36 months, which the Board previously upheld pursuant to ORS 144.110 or 163.115, the Board must overturn the minimum before it can grant a reduction from the previous…

255-040-0027 Special Request Reductions (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 criteri…

255-040-0028 Advancing Release Dates for Adults in Custody (AIC) with Severe Medical Condition or Permanent Incapacity (1) Terms in this rule are defined in OAR 255-005-0005. (2) In accordance with this rule, the Board may advance the parole date of an AIC as provided in ORS 144.…

255-040-0035 Notice; Disclosure; Record The notice, disclosure, and record making provisions of division 30 shall apply to all hearings, and reviews granted under this division. Statutory/Other Authority: ORS 144.120(3), 144.120(7), 144.122, 144.123, 144.126, 144.130 & 144.135 St…

255-040-0040 Personal Review Packets 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)…

255-050-0005 Grounds for Postponing a Parole Release Date (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 pos…

255-050-0010 Postponement Procedures: Hearing by Board (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, disclo…

255-050-0011 Department of Corrections Report of Misconduct (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 exte…

255-050-0012 Postponement When Informed of Reasonable Grounds 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 …

255-050-0013 Postponement for Refusing to Participate in a Psychiatric or Psychological Evaluation (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 Boar…

255-050-0015 Unauthorized Absence (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 parol…