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Oregon Bulletin

March 1, 2013

Board of Parole and Post-Prison Supervision, Chapter 255

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

Adm. Order No.: PAR 1-2013

Filed with Sec. of State: 2-15-2013

Certified to be Effective: 2-15-13

Notice Publication Date: 12-1-2012

Rules Amended: 255-062-0016

Subject: 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

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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