Board of Parole and Post-Prison Supervision Chapter 255
Caption: Prison Term Hearings for Inmates
Found Likely to be Rehabilitated.
Order No.: PAR 4-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 5-26-11 thru 11-21-11
Rules Adopted: 255-032-0036
Subject: The Oregon Supreme Court (Janoowski/Fleming v.
Board of Parole, 349 Or 432 (2010); Severy/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 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
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 4-2011(Temp), f.
5-25-11, cert. ef. 5-26-11 thru 11-21-11
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, 2010.