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Oregon Bulletin

July 1, 2011

 

Board of Parole and Post-Prison Supervision
Chapter 255

Rule Caption: Prison Term Hearings for Inmates Found Likely to be Rehabilitated.

Adm. Order No.: PAR 4-2011(Temp)

Filed with Sec. of State: 5-25-2011

Certified to be Effective: 5-26-11 thru 11-21-11

Notice Publication Date:

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

255-032-0036

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.

2.) Copyright 2011 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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