Oregon Bulletin
Rule
Caption: Amend rule to comply with ORS
163.105(4) and ORS 144.285.
Adm.
Order No.: PAR 6-2011
Filed with Sec. of
State: 11-30-2011
Certified to be
Effective: 11-30-11
Notice Publication
Date: 11-1-2011
Rules Amended: 255-032-0035
Subject: 2009 OL Ch. 660 amended ORS 163.105(4) specifying the
interval of time that must pass before an inmate convicted of aggravated murder
is allowed to petition for a change in the terms of confinement. These
administrative rules bring the Board’s rules into compliance with the
statute(s), stating that 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. The amendments provide the procedures for implementing the statutory
changes.
Rules Coordinator: Michelle Mooney—(503) 945-0914
255-032-0035
Effect of Denying Relief Request
If the Board finds that the inmate is not capable of
rehabilitation, the Board shall deny the relief sought in the inmate petition.
The Board may not grant a subsequent hearing that is less than two years, or
more than 10 years, from the date the petition is denied.
(1) The Board may not grant a hearing that is more than
two years from the date a petition is denied unless the board finds that it is
not reasonable to expect that the prisoner would be granted a change in the
terms of confinement before the date of the subsequent hearing.
(2) A decision to grant a hearing that is more than two
years from the date a petition is denied requires a unanimous vote of the Board
members participating in the hearing; the length of the deferral shall be
determined by a majority vote.
(3) Factors to be considered in establishing a deferral
period of longer than two years include those listed in OAR 255-062-0016.
(4) The inmate may request an interim exit interview
hearing pursuant to OAR 255-062-0021.
(5) If the Board finds, based upon the request for an
interim hearing, that there is reasonable cause to believe that the inmate may
be granted a change in the terms of confinement, the Board shall conduct a
hearing as soon as is reasonably convenient. An interim hearing may be granted
by a majority of the Board.
(6) If the Board denies a petition for an interim
hearing, it shall issue a final order accompanied by findings of fact and
conclusions of law, pursuant to 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
Hist.: 2PB 8-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef.
5-19-88; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 4-1997, f. 3-11-97, cert.
ef. 3-14-97; PAR 6-2011, f. & cert. ef. 11-30-11
Rule
Caption: Prison Term Hearings for Inmates
Found Likely to be Rehabilitated.
Adm.
Order No.: PAR 7-2011
Filed with Sec. of
State: 11-30-2011
Certified to be
Effective: 11-30-11
Notice Publication
Date: 11-1-2011
Rules Adopted: 255-032-0037
Subject: The Oregon Supreme Court (Janowski/Fleming v. Board
of Parole, 349 Or 432 (2010); Sevey/Wilson v. Board of Parole, 349
Or 461 (2010)) has found that for each inmate who has been convicted of
aggravated murder and subsequently been found likely to be rehabilitated within
a reasonable period of time under ORS 163.105, the Board must hold a hearing,
using the procedures it deems appropriate, to set the inmate’s parole release
date according to the matrix in effect when he committed his crime. This rule
establishes the procedure and rules to be applied under the court ruling.
Rules Coordinator: Michelle Mooney—(503) 945-0914
255-032-0037
Prison Term Hearings for Inmates
Found Likely to be Rehabilitated
(1) The Board shall hold a prison term hearing for an
adult inmate convicted of murder as defined in ORS 163.115 or Aggravated Murder
as defined in ORS 163.095 committed on or before October 22, 1999, whose
sentence has been converted to life with the possibility of parole based on the
Board’s determination that the inmate is likely to be rehabilitated within a
reasonable period of time.
(2) The Board will conduct the hearing under the
provisions of Division 030 of the Board’s rules in place at the time the
hearing is conducted, and will establish the prison term or take other action
authorized under the law and administrative rules in place at the time the
inmate committed 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,
Hist.: PAR 7-2011, f. & cert.
ef. 11-30-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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