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Oregon Bulletin

January 1, 2014

Board of Parole and Post-Prison Supervision, Chapter 255

Rule Caption: Update rules Governing conduct of Board Hearings

Adm. Order No.: PAR 5-2013

Filed with Sec. of State: 11-27-2013

Certified to be Effective: 11-27-13

Notice Publication Date: 11-1-2012

Rules Adopted: 255-030-0046

Rules Amended: 255-030-0010, 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0024, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-0035, 255-030-0040, 255-030-0055

Subject: This is a re-filing due to an administrative error in the original filing.

   These amendments: (1) remove outdated formatting and grammar; (2) reflect current and future technology changes that relate to holding hearings; (3) expand language to provide clear information on agency procedures for holding hearings; (4) clarify who may attend hearings and the manner in which individuals may submit information to the Board; (5) and increase opportunities for inclusion in hearings of district attorneys, victims and/or their representatives, as well as others who may have a substantial interest in the case, or who may be able to provide information to assist the Board in its deliberations.

Rules Coordinator: Shawna Harnden—(503) 945-0913

255-030-0010

Scheduling Prison Term Hearings

(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.

(2) The Board shall follow section 1 of this rule to schedule a prison term hearing for any additional sentence received while in custody of a Department of Corrections facility.

(3) For those prison term hearings which must be conducted within six months, the Board may defer setting a prison term for ninety days to obtain additional information.

(4) The Board may establish prison terms after a hearing or as an administrative action without a hearing, pursuant to 255-030-0024.

Stat. Auth.: ORS 144.120(1)

Stats. Implemented: ORS 144.120

Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0013

Notification of Hearing

(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.

Stat. Auth.: ORS 144.120(7) & 144.130

Stats. Implemented: ORS 144.120(7) & 144.130

Hist.: 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1990(Temp), f. & cert. ef. 2-20-90; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 7-2010, f. & cert. ef. 9-3-10; PAR 8-2010, f. & cert. ef. 9-29-10; PAR 2-2012(Temp), f. & cert. ef. 6-28-12 thru 12-25-12; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 4-2012, f. & cert. ef. 10-15-12; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0021

Manner of Hearing

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)

Hist.: 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0023

Inmate Appearance at Board Hearing

(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

Hist.: PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1990(Temp), f. & cert. ef. 2-20-90; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0024

Prison Term Hearing Waiver

(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.

(2) Within the time limits provided by OAR 255-030-0010, the Board, at its discretion, may notify the inmate in writing of:

(a) His/her eligibility to waive the prison term hearing; and

(b) The proposed prison term and conditions of parole.

(3) A Department of Corrections counselor will review the waiver form with the inmate.

(4) Upon receipt of a signed waiver, the Board shall make the findings required by OAR 255-035-0013 or 255-035-0014 and shall send the final Board order to the inmate.

(5) If the Board is not satisfied that the waiver was made knowingly and intelligently or if it needs more information before making its decision, the Board may deny the waiver and order a hearing.

Stat. Auth.: ORS 144.120(1)(b)

Stats. Implemented: ORS 144.120(1)(b)

Hist.: PAR 8-1988, f. & ef. 7-1-88; PAR 9-1988(Temp), f. & ef. 7-14-88; PAR 12-1988(Temp), f. & ef. 7-20-88; PAR 13-1988(Temp), f. & ef. 8-5-88; PAR 18-1988, f. & ef. 12-6-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1990(Temp), f. & cert. ef. 2-20-90; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0025

Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing

(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

Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 10-1981(Temp), f. & ef. 11-4-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04; PAR 10-2004, f. & cert. ef. 11-2-04; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 3-2013, f. & cert. ef. 6-10-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0026

Who May Appear at a Board of Parole and Post-Prison Supervision Hearing

(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.

(2) In addition to those persons specified in subsection (1) of this rule, the inmate may be accompanied at the hearing via telephone or videoconference by such other person or persons as the Board of Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement. The inmate may select one person to speak on his/her behalf. The statement shall not exceed 15 minutes. The presiding Board member may grant the support person 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.

(3) The Department of Corrections, if requested by the inmate or the Board, will assign an approved inmate legal assistant from the Department of Corrections facility where the inmate is confined to accompany an inmate at a Board hearing. The selection of the inmate legal assistant shall be governed by the policies and rules of the Department of Corrections.

(4) Others Who May Attend/Appear at a Board Hearing:

(a) Victim: The victim(s), personally, or by counsel or other representative, may attend Board of Parole and Post-Prison Supervision Hearings and may submit written and oral statements, including supporting documents, expressing any views concerning the crime and the offender.

(b) District attorney: the district attorney from the committing jurisdiction or his/her representative or designee, may attend Board hearings and may submit written and oral statements, including supporting documents, expressing any views concerning the crime and the offender.

(c) Public: Members of the public may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings.

(d) Media Representatives: Approved media representatives may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings.

(e) Department of Corrections Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers, and contractors may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings, except as requested or approved by the Board in order to provide testimony in the hearing.

(f) Other: The Board retains the discretion to allow oral statements at hearings from one or more persons not otherwise identified in OAR 255-030-0026, if the Board deems the person(s) to have a substantial interest in the case, or to be able to provide information that may assist the Board in its deliberations.

(5) Means and Manner of Appearance/Attendance:

(a) Board Hearings Conducted With Inmate in Person Within a Department of Corrections Facility:

(A) If the inmate will appear before the Board of Parole and Post-Prison Supervision in person within a Department of Corrections facility, the person(s) accompanying the inmate, the victim, the district attorney, and/or their representatives, members of the public, and approved media representatives, may attend the hearing in person at the Department of Corrections facility, subject to the approval by the functional unit manager of the facility in which the hearing is being conducted, or if arranged in advance with the Board, via telephone, videoconference call, or other electronic medium that ensures the inmate, the Board, and other participants the opportunity to hear and be heard.

(B) A person who wants to attend a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility must contact the Board at least two weeks in advance of the hearing to arrange.

(C) A person’s access to a Department of Corrections facility is subject to the Department of Corrections rules on Facility Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127), and may be prohibited or restricted by the functional unit manager or designee of the facility in which the hearing is being conducted consistent with the health, safety and security of staff, inmates, and the public, and with the safe, secure, and orderly operation and management of the facility.

(D) A person who attends a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility is subject to the rules of conduct, and the terms and conditions of visiting set forth in the department’s rules on Facility Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127).

(b) Board Hearings Conducted With Inmate via Telephone, Videoconference, or Other Electronic Medium: If the inmate will appear before the Board of Parole and Post-Prison Supervision via telephone, videoconference, or other electronic medium, the person(s) accompanying the inmate, the victim(s), and the district attorney, and/or their representatives, members of the public, and approved media representatives, may appear/attend the hearing at the place in which the Board is conducting the hearing, or via telephone, videoconference, or other electronic medium, as arranged in advance with the Board.

(6) Conduct of Hearing: The Board of Parole and Post-Prison Supervision may eject any disruptive person from a hearing. The Board may require all persons to leave the designated hearing area during deliberations.

Stat. Auth.: ORS 144.123, 144.750, former 144.120(7) & 192.690

Stats. Implemented: ORS 144.123, 144.750 & former 144.120(7)

Hist.: PAR 10-2004, f. & cert. ef. 11-2-04; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 3-2013, f. & cert. ef. 6-10-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0027

Victim, District Attorney and Inmate Statements

(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)

Hist.: 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 5-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11; PAR 12-2010, f. & cert. ef. 12-1-10; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0032

Evidence

(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.

(3) Reliable, probative, and substantial evidence shall support Board orders. Substantial evidence is found when the record, viewed as a whole, would permit a reasonable person to make a particular finding.

(4) The Board may exclude evidence if it is:

(a) Unduly repetitious;

(b) Not of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs;

(c) Provided by a person, other than a justice system official, without first hand knowledge of the circumstances of the crime that is the subject of the proceeding before the Board;

(d) Provided by a person, other than a justice system official, without first hand knowledge of the character of the inmate;

(e) Addressing only guilt or innocence; or

(f) Irrelevant or immaterial to the decision(s) to be made at that particular hearing.

(5) The Board may receive evidence to which the inmate objects. If the presiding Board member does not make rulings on its admissibility during the hearing, the Board shall make findings on the record at the time a final order is issued.

(6) Erroneous rulings on evidence shall not preclude Board action on the record unless shown to have substantially prejudiced the rights of the inmate.

Stat. Auth.: ORS 144.050 & 144.140

Stats. Implemented: ORS 144.050 & 144.140

Hist.: PAR 4-1989, f. & ef. 11-1-89; PAR 5-1990, f. & cert. ef. 10-5-90; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0035

Information the Board Shall Consider at a Prison Term Hearing

(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.

(2) The Board Review Packet need not include all documents in the inmate’s file.

(3) At its discretion, the Board may consider additional written information and recommendations from those with a special interest in the case. If considered, the Board Review Packet shall include the information. The Board must receive any information submitted pursuant to this section at least fourteen days prior to the hearing. The Board may waive the fourteen-day requirement.

Stat. Auth.: ORS 144.185 & 144.223

Stats. Implemented: ORS 144.185, 144.125(1) & 144.223

Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 16-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0040

Inmate’s Access to Written Materials/Rebuttal and Deadlines for Receiving Materials

(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

Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0046

Continuance of Hearings: Cancellation of Hearings

(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

Hist.: PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13

255-030-0055

Notice of Decision Following Prison Term Hearing

(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.

Stat. Auth.: ORS 144.120, 144.260 & 144.135

Stats. Implemented: ORS 144.120, 144.260 & 144.135

Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13


Rule Caption: Change number of votes required to impose an extended deferral from unanimous to majority.

Adm. Order No.: PAR 6-2013

Filed with Sec. of State: 11-27-2013

Certified to be Effective: 11-27-13

Notice Publication Date: 12-1-2012

Rules Amended: 255-062-0016

Subject: This is a re-filing due to an administrative error in the original filing process.

   The rule amendment would change the number of Board votes required to impose a deferral of a projected parole date, of a parole consideration date, or of a subsequent hearing eligibility date from unanimous to majority.

Rules Coordinator: Shawna Harnden—(503) 945-0913

255-062-0016

Factors to be Considered in Establishing a Deferral Period Longer Than Two Years

Following an interview and consideration of all the information presented at the hearing, the Board may find by majority vote of the members participating in the hearing, that it is not reasonable to expect that the inmate would be granted a change in the terms of confinement, or it is not reasonable to expect that the inmate would be granted a firm release date before the end of a specified deferral period, not to exceed ten years, based on one or more of the following non-exclusive factors:

(1) A determination by the Board, based on the psychological evaluation and all the information available at the hearing, that the inmate has a 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;

(2) Infractions of institutional rules and discipline;

(3) Commission of crimes subsequent to the crime of conviction;

(4) Inmate’s failure to demonstrate understanding of the factors that led to his/her criminal offense(s);

(5) Inmate’s demonstrated lack of effort to address criminal risk factors of psychological or emotional problems;

(6) Inmate’s demonstrated lack of effort to address criminal risk factors of substance abuse problems;

(7) Failure to seek and maintain appropriate work or training;

(8) Inmate’s failure to seek out and benefit from programming including but not limited to sex offender treatment, batterers intervention programs, anger management, cognitive therapy, and victim impact panels where available;

(9) Inmate’s inability to experience or demonstrate remorse or empathy;

(10) Demonstrated poor planning and foresight;

(11) Demonstrated impulsivity; or

(12) Demonstrated lack of concern for others, including but not limited to any registered victims.

(13) Refusal to participate in Board-ordered psychological evaluation(s) and/or refusal to participate in Board hearing.

(14) The inmate is serving a concurrent sentence over which the Board does not have release authority, and which has a release date ten or more years from the projected parole release date on the Board sentence.

Stat. Auth.: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660

Stats. Implemented: ORS 144.125, 144.228, 144.232, 144.280,144.185,163.105, 163.115 & 2009 OL Ch. 660

Hist.: PAR 6-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11; PAR 9-2010, f. & cert. ef. 9-29-10; PAR 1-2013, f. & cert. ef. 2-15-13; PAR 6-2013, f. & cert. ef. 11-27-13

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, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

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