Loading
The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

BOARD OF PAROLE AND POST-PRISON SUPERVISION

 

DIVISION 35

APPLICATIONS OF THE GUIDELINES TO ESTABLISH A PRISON TERM

 

255-035-0006

Exhibits

Exhibits AI, AII, AIII, BI, BII, C, D, EI, EII, EIII, and F are essential components of the parole matrix guidelines and are hereby incorporated by reference.

[ED. NOTE: The Exhibits incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 144.050, ORS 144.120, ORS 144.780 & ORS 144.787
Stats. Implemented: ORS 144.780 & ORS 144.787
Hist.: PAR 8-1992, f. & cert. ef. 10-9-92; Administrative correction 8-14-97; PAR 9-2000, f. & cert. ef. 11-15-00

255-035-0013

Factors Which Determine an Initial Parole Release Date

During the prison term hearing the board shall make findings of fact concerning:

(1) The prison term commencement date;

(2) The crime severity rating and subcategory rationale (Exhibit A);

(3) The inmate's history/risk assessment score (Exhibit B);

(4) The matrix range;

(5) When there is a variation from the range, the reason for the variation;

(6) Aggravation (Exhibit E-1);

(7) Mitigation (Exhibit E-2); and

(8) Minimum sentences.

[ED. NOTE: The Exhibit referenced in this rule is not printed in the OAR Compilation. Copies are available from the Board.]

Stat. Auth.: ORS 144.129(2), ORS 144.110 & ORS 144.780-787
Stats. Implemented: ORS 137.122, ORS 137.551, ORS 144.035(4), ORS 144.050, ORS 144.110, ORS 144.120, ORS 144.129(2), ORS 144.245 & ORS 144.780 - ORS 144.787
Hist.: PB 9-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 7-1988, f. & ef. 7-1-88; PAR 8-1988, f. & ef. 7-1-88; PAR 9-1988(Temp), f. & ef. 7-14-88; PAR 12-1988(Temp), f. & ef. 7-20-93; PAR 13-1988(Temp), f. & ef. 8-5-88; PAR 18-1988, f. & ef. 12-6-88; PAR 1-1990(Temp), f. & cert. ef. 2-20-90; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 1-1991, f. & cert. ef. 1-16-91; Administrative correction 8-14-97; PAR 9-2000, f. & cert. ef. 11-15-00

 

255-035-0014

Initial Parole Release Date for Offenders Whose Probations Are Revoked November 1, 1989 or Later

(1) To the extent permissible under law, for those offenders who committed crimes prior to November 1, 1989 and the court revoked the previously ordered probation November 1, 1989 or later, the board shall:

(a) Make the findings of fact listed in OAR 255-035-0013 pursuant to Divisions 30 and 35 of the Board of Parole and Post-Prison Supervision rules; and

(b) Make findings of fact pursuant to the Sentencing Guidelines Grid and applicable rules found in OAR Chapter 213 and herein incorporated by reference including:

(A) Crime category (213-004-0002, 213-004-0003, 213-004-0004, 213-004-0005, Divisions 17, 18, 19 of OAR 213);

(B) Criminal history as established by the post-sentence report (213-004-0006, 213-004-0007, 213-004-0008, 213-004-0009, 213-004-0010, 213-004-0011);

(C) Guideline ranges (Appendix 1 to OAR 213);

(D) Aggravating or mitigating factors, if any (213-005-0001);

(E) Upholding or overriding minimum sentences;

(F) Summing of consecutive ranges (OAR 213-012-0001 to 0004); and

(c) Except when the board upholds a minimum sentence or denies parole, set the prison term pursuant to:

(A) The Sentencing Guidelines Grid (213-010-0002, 213-005-0006, Appendix 1) to the extent permissible under law, if the resultant prison term would be shorter than it would be under the Board of Parole Matrix Guideline and applicable rules;

(B) The Matrix Guidelines (255-035-0013) if the resultant prison term would be shorter than it would be under the Sentencing Guidelines Grid and applicable rules.

(2) When the board upholds a judicially or statutorily set minimum sentence which is longer than the prison term would otherwise be under the Sentencing Guidelines Grid, the board shall set the prison term at minimum sentence.

(3) When the court orders a sentence shorter than the applicable prison term, the board shall apply OAR 255-035-0025.

(4) Notwithstanding OAR 255-035-0025, the board may order a prison term of less than (6) months when the crime severity and criminal history fall below the Sentencing Guidelines dispositional line.

[ED. NOTE: The Appendicies referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 137.551
Stats. Implemented: ORS 137.551
Hist.: PAR 4-1989, f. & cert. ef. 11-1-89; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 5-1992(Temp), f. & cert. ef. 6-24-92; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 9-2000, f. & cert. ef. 11-15-00

 

255-035-0016

Variations from the Ranges for Aggravation or Mitigation

(1) The Board may depart from the appropriate parole matrix range only upon making a specific finding that there is aggravation or mitigation which justifies departure from the range pursuant to OAR 255-005-0005, Exhibit E (Parts 1 and 2). The Board shall clearly state on the record the facts and specific reasons for its finding. The Board may give items of aggravation and mitigation different weight and not necessarily balance them one for one.

(2) If a panel finds that the matrix range and the variations permitted a panel is inadequate to establish a prison term because of the panel's findings of aggravation or mitigation, it shall secure a third vote for an additional variation or refer the matter to the Full Board.

(3) OAR 255-005-0005, Exhibit D shows the maximum allowable variations from a range. The Board may apply a portion or all of the variation allowed.

(4) The Board shall also apply these provisions to unified ranges.

[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the Board.]

Stat. Auth.: ORS 144.120(2) & ORS 144.785 - ORS 144.787
Stats. Implemented:
Hist.: 2PB 9-1985, f. & ef. 5-31-85; 2PB2-1986(Temp), f. & ef. 11-13-86; 2PB3-1986(Temp), f. & ef. 12-2-86; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 7-1988, f. & ef. 7-1-88; PAR 8-1988, f. & ef. 7-1-88; PAR 14-1988(Temp), f. & ef. 9-20-88; PAR 18-1988, f. & ef. 12-6-88; PAR 4-1989, f. & cert. ef. 11-1-89; PAR 1-1992, f. & cert. ef. 1-13-92; Administrative correction 8-14-97

 

255-035-0018

Multiple Concurrent Convictions

When concurrent sentences exist, the inmate shall be given a prison term based on the crime that provides for the longest prison term.

Stat. Auth.: ORS 137.122
Stats. Implemented: ORS 144
Hist.: PAR 6-1988, f. & cert. ef. 5-19-88; PAR 4-1989, f. & cert. ef. 11-1-89; PAR 9-2000, f. & cert. ef. 11-15-00

 

255-035-0020

Board Bound by Court Order

(1) The Board of Parole and Post-Prison Supervision does not have the authority to run a sentence concurrently or consecutively to an out-of-state jurisdiction, but is bound by the final judgment order issued by the Oregon courts.

(2) The Board does not have the authority to convert a court ordered indeterminate sentence for a crime committed prior to November 1, 1989 to a Sentencing Guidelines determinate sentence.

Stat. Auth.: ORS 137.120, ORS 137.122, ORS 137.123, ORS 144.050 & ORS 144.079 & ORS 144.783
Stats. Implemented: ORS 144
Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 1-1982, f. & ef. 5-19-82; 2PB 9-1985, f. & ef. 5-31-85; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 8-1992, f. & cert. ef. 10-9-92

255-035-0021

Consecutive Sentences: Creating a Unified Matrix Range

(1) Notwithstanding section (4) of this rule, the Board shall establish the principal range for the most serious of the felonies committed during the time period under consideration. If two or more felonies are determined to be equally the most serious, the Board shall establish a principal range for only one of those felonies.

(2) The Board shall then establish a range for each of the remaining felonies committed during the same period using the appropriate base range for the crime pursuant to OAR 255-005-0005, Exhibit C.

(3) The unified range for crimes committed during the same period shall be determined by summing the range established under section (1) of this rule with the ranges established under section (2) of this rule.

(4) The method established by sections (1) to (3) of this rule for determining the unified range shall not apply if any of the crimes involved is:

(a) Murder, as defined in ORS 163.115 or any aggravated form thereof;

(b) Assault in the first degree, as defined in ORS 163.185;

(c) Kidnapping in the first degree, as defined in ORS 163.235;

(d) Rape in the first degree, as defined in ORS 163.375;

(e) Sodomy in the first degree, as defined in ORS 163.405;

(f) Sexual penetration with a foreign object, as defined in ORS 163.411;

(g) Arson in the first degree, as defined in ORS 164.325; or

(h) Treason, as defined in ORS 166.005.

(5) To determine the unified range for inmates with consecutive sentences which involve a crime listed in section (4) of this rule, the Board shall establish the matrix range for each crime by using the inmate's history/risk score pursuant to OAR 255-005-0005, Exhibit B and the applicable crime category rationale. The unified range shall be the sum of the ranges established under this section.

(6) The unified range may be subject to the variations established in accordance with OAR 255-035-0016 and 255-005-0005, Exhibit D.

[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the Board.]

Stat. Auth.: ORS 144
Stats. Implemented: ORS 144
Hist.: PAR 6-1988, f. & ef. 5-19-88; PAR 8-1988, f. & ef. 7-1-88; PAR 14-1988(Temp), f. & ef. 9-20-88; PAR 18-1988, f. & ef. 12-6-88; Administrative correction 8-14-97

255-035-0022

Consecutive Sentences: Referring a Case to the Full Board; Going Below the Range; Additional Consecutive Sentences

(1) When a panel recommends that a range be less than the sum of the terms under OAR 255-035-0021, the panel shall refer the case to a majority of the Board.

(2) The duration of imprisonment for consecutive sentences may be less than the sum of the terms under OAR 255-035-0021, if the Board finds by a majority vote that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security.

(3) When additional sentences are imposed for crimes which took place during the period under consideration at a prior prison term hearing and the additional sentences are consecutive to the sentences already considered, the Board shall:

(a) Conduct a de novo prison term hearing pursuant to the provisions of Division 30 for all the crimes. The Board shall compute the unified range for the additional sentences and the sentences which were already considered under the provisions of OAR 255-035-0021;

(b) Conduct a hearing to consider only the additional consecutive sentences using base ranges for the additional sentences. The commencement date for the new prison term under this subsection shall be the parole release date set at the previous prison term hearing; or

(c) Conduct a hearing to consider whether to unsum the additional consecutive ranges.

(4) The provisions of section (3) of this rule apply only to crimes which occurred on or after July 11, 1987, unless one of the crimes involved is listed in OAR 255-035-0021(4).

(5) If one of the crimes involved is listed in OAR 255-035-0021(4) and the sentence is consecutive, the Board shall conduct a de novo hearing under subsection (3)(a) of this rule.

(6) If a new sentence is consecutive to sentences already considered, and is the most serious offense with the highest crime severity rating and/or longest sentence, the Board shall conduct a de novo hearing under subsection (3)(a) of this rule.

(7) When additional sentences are imposed for crimes which took place after the period considered at a prior prison term hearing and the additional sentences are consecutive to the sentences already considered, the Board shall establish the matrix range for the additional sentences as if they were new sentences. If the inmate has not yet been released on parole, the commencement date for the new prison term shall be the parole release date established at the previous prison term hearing.

Stat. Auth.: ORS 144.079 & ORS 144.783
Stats. Implemented: ORS 144.079 & ORS 144.783
Hist.: 2PB 15-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 9-1985, f. & ef. 5-31-85; PAR 4-1987(Temp), f. 6-5-87, ef. 6-8-87; PAR 5-1987(Temp), f. & ef. 6-18-87; PAR 7-1987(Temp), f. & ef. 7-21-87; PAR 9-1987, f. & ef. 12-16-87; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91

255-035-0023

Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences

(1) The board shall not release a inmate on parole until the inmate has served a judicially imposed minimum prison term, except upon the affirmative majority vote of members who have found that:

(a) The minimum term is not an appropriate penalty for the criminal offense; and

(b) The minimum term is not necessary to protect the public.

(2) If at least a majority of the board members have made the findings listed in section (1) of this rule, the board shall establish a prison term using the guidelines range and the standard variations allowed, unless there are remaining judicial minimums above the guidelines range in length, which the board has upheld.

(3) When the court has ordered consecutive minimum sentences and the board finds that the combined minimums are not appropriate penalties for the criminal offenses involved and are not necessary to protect community security, the board, by a majority of concurring votes, may override one or more of the judicially imposed minimums and set a prison term which is less than the sum of the minimum terms.

(4) The Board shall set a parole release date in accordance with OAR 255-035-0013 or 255-035-0014, and shall state the facts and reasons for its actions.

(5) Notwithstanding subsection (3) of this rule, when the board overrides an ORS 163.115 murder minimum, the vote must be unanimous.

(6) The board shall not override ORS 161.610 gun minimums except as provided by ORS 144.122, ORS 144.126 and OAR 255-040-0028.

(7) The board shall not override ORS 163.105 aggravated murder minimums.

Stat. Auth.: ORS 144.035(4), ORS 144.110, ORS 144.245 & ORS 144.783
Stats. Implemented: ORS 144.035(4), ORS 144.110, ORS 144.245, ORS 144.783, ORS 161.610, ORS 163.105 & ORS 163.115
Hist.: 2PB 9-1985, f. & ef. 5-31-85; PAR 6-1987(Temp), f. & ef. 7-7-87; PAR 8-1987, f. 12-11-87, ef. 12-14-87; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 9-2000, f. & cert. ef. 11-15-00

255-035-0025

Setting a Parole Release Date: When Matrix Range Exceeds Good Time Date

(1) When the board chooses to set a parole release date on a sentence with a statutory good time date which calls for an earlier release than the guideline range indicates (due to a short sentence), the minimum initial prison term shall be 6 months and the maximum shall be as follows:

(a) Six months from the statutory good time date on a sentence of at least one year and less than three years;

(b) Nine months from the statutory good time date on a sentence of three years and less than six years;

(c) Twelve months from the statutory good time date on a sentence of six or more years.

(2) On short sentences which call for an earlier release date than the guideline range indicates, the following shall apply:

(a) Use the correct crime category for the principal crime and apply the closest range within which the statutory good time date minus the times found in section (1)(a), (b) or (c) falls and which provides a fully applicable range.

(b) For subsequent consecutive sentences use the base range unless the principal crime is one of those listed in OAR 255-035-0021(4). (Examples not included. See Ed. Note.)

(3) On sentences which are too short to fit within the matrix range for the correct crime category, the board shall set the maximum prison term at two days prior to the good time date.

(4) When a inmate earns good time which causes the good time date to fall earlier than the current parole release date, the board shall reset the parole release date to two days prior to the good time date to ensure that all inmates serve a period of parole supervision in accordance with the intent of ORS 144.245.

Stat. Auth.: ORS 144.780 - ORS 144.787
Stats. Implemented: ORS 144.245 & ORS 144.780 - ORS 144.787
Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 1-1980(Temp), f. 4-7-80, ef. 5-1-80; 2PB 15-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 9-1985, f. & ef. 5-31-85; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 8-1988, f. & cert. ef. 7-1-88; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 6-1990(Temp), f. & cert. ef. 10-15-90; PAR 1-1991, f. & cert. ef. 1-16-91; PAR 6-1991, f. & cert. ef. 10-15-91; PAR 9-2000, f. & cert. ef. 11-15-00

 

255-035-0030

Parole Denial

(1) Except when the result is life imprisonment, the board, with a majority vote of members, may deny parole pursuant to ORS 144.120(4) when:

(a) The commitment offense included particularly violent or otherwise dangerous criminal conduct as defined by section 255-005-0005(30); or

(b) Two (2) or more Class A or Class B felony convictions preceded the commitment offense; or

(c) The inmate's record includes a psychiatric or psychological diagnosis of a present severe emotional disturbance such as to constitute a danger to the health and safety of the community.

(2) When the result of parole denial is life in prison, the board shall agree unanimously.

(3) A panel may refer the matter to the full board with the recommendation that the board deny parole based on the criteria listed in subsection (1) of this section.

(4) When the board chooses not to set a parole release date, it shall clearly state on the record the facts and specific reasons for that decision.

Stat. Auth.: ORS 144.120(4)
Stats. Implemented: ORS 144.120(4)
Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 9-1985, f. & ef. 5-31-85; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 18-1988, f. & cert. ef. 12-6-88; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 9-2000, f. & cert. ef. 11-15-00

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the 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

© 2013 State of Oregon All Rights Reserved​