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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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BOARD OF PAROLE AND POST-PRISON SUPERVISION

 

DIVISION 36

DANGEROUS OFFENDERS

(For Crimes Occurring Prior to November 1, 1989)

255-036-0005

Parole Consideration Hearings

(1) Within six (6) months after commitment to the Department of Corrections' custody of any person sentenced as a dangerous offender, the Board shall set a date for a parole consideration hearing which shall be no later than ten (10) days prior to the date the inmate would have been eligible for parole release under Division 35 of these rules if the court had not sentenced the offender pursuant to ORS 161.725 and 161.735 as a dangerous offender.

(2) A person sentenced as a dangerous offender for felonies committed prior to November 1, 1989 is eligible for parole release:

(a) After having served the Board ordered prison term; and

(b) The Board finds the inmate no longer dangerous; or

(c) The Board finds the inmate remains dangerous but can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the inmate.

(3) If the Board is unable to make the findings required by section (2) of this rule, the Board will conduct the next review hearing no less than two years, or more than ten years, from the current parole consideration date.

(a) The Board may not grant the inmate a hearing that is more than two years from the date the petition is denied unless the Board finds that it is not reasonable to expect that the inmate would be granted a parole release date two years from that date.

(b) A decision to establish a deferral period of longer than two years requires a unanimous vote of the members participating in the hearing. The length of deferral shall be determined by majority vote.

(c) Factors to be considered in establishing a deferral period of longer than two years include those listed in OAR 255-062-0015.

(d) The inmate may request an interim parole consideration hearing pursuant to OAR 255-062-0020.

(e) If the Board finds, based upon the request for an interim hearing, that there is reasonable cause to believe that the inmate may be granted a change in the terms of confinement, the Board shall conduct a hearing as soon as is reasonably convenient. An interim parole consideration hearing may be granted by a majority of the Board.

(f) If the Board denies a petition for an interim hearing, it shall issue a final order accompanied by findings of fact and conclusions of law, pursuant to ORS144.228(1)(d) (2009).

(g) A finding by the Board under (e) above does not bind the Board to any specific finding at the interim parole consideration hearing.

(4) The Board will hold parole consideration hearings pursuant to these rules until:

(a) The Board is able to make the required findings; or

(b) The maximum court ordered sentence, less good time, expires.

(5) If, at the parole consideration hearing or at any subsequent review, the Board makes the findings required by section (2) of this rule, the Board shall order parole release, subject to ORS 144.125 144.270-144.275 regarding review of release plans and supervision conditions.

(6) At any hearing or review, the Board may consider:

(a) The examining psychologist or psychiatrist's written report;

(b) A written report from the executive officer of Department of Corrections institution in which the inmate has been confined;

(c) A release plan, including verification that adequate supervision and mental health treatment are immediately available for the particular inmate;

(d) Any other information regarding the inmate that the Board finds relevant.

(7) If after the Board makes the findings required by section (2) of this rule, resulting in the inmate’s release on parole, the Board later has reasonable cause to believe the inmate's dangerousness has returned and/or the inmate cannot be adequately controlled with supervision and mental health treatment or that the necessary resources for supervision and treatment are unavailable, the Board may order the inmate’s return to the custody of the Department of Corrections, and schedule a future disposition hearing to determine whether to deny re-release on parole pursuant to OAR 255-075-0096.

Stat. Auth.: ORS 144.226 & 144.228
Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51, OL 1997 (Enrolled SB156)
Hist.: PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98; PAR 5-2011, f. & cert. ef. 6-23-11

255-036-0010

Evaluations

(1) Within 120 days of the last day of the prison term and thereafter within 120 days before any parole consideration hearing, the Board shall order a complete mental and psychological or psychiatric examination of the inmate.

(2) The evaluation provided may consist of a diagnostic study, including a comprehensive evaluation of the individual's personality, intelligence level, personal and social adjustments, or other information the psychologist or psychiatrist believes will aid the Board in determining whether the examined person is eligible for release.

(3) The report of the psychologist or psychiatrist shall:

(a) Include a statement as to whether the dangerous offender has any 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;

(b) Any other information which would aid the Board in determining whether the inmate is eligible for release;

(c) State progress or changes in the condition of the examined inmate;

(d) Contain recommendations for treatment or medication that would assist the inmate in performing satisfactorily in the community upon release;

(e) Be filed with the Board within 60 days after the examination;

(f) Be certified and sent to the inmate, the inmate's attorney, and to the institution superintendent.

Stat. Auth.: ORS 144.226 & 144.228
Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 OL 1997 (Enrolled SB156)
Hist.: PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98; PAR 3-2006, f. & cert. ef. 4-5-06; PAR 5-2011, f. & cert. ef. 6-23-11

255-036-0015

Department of Corrections Written Reports

The written report of the executive officer of the Department of Corrections, which the Board shall review at the parole consideration hearing, shall contain:

(1) A detailed account of the inmate's conduct while confined;

(2) All infractions of rules and discipline, the circumstances, and the punishment imposed;

(3) Extent to which the inmate has responded to efforts made in the institution to improve his/her mental and moral condition;

(4) A statement as to the person's present attitude towards society, the sentencing judge, the district attorney, and the arresting police officer;

(5) A statement as to the inmate’s present attitude towards his/her previous criminal career;

(6) The work record, showing average number of hours worked per day and the nature of the occupations;

(7) The program history, including a summary of any psychological or substance abuse treatment and other activities that will assist the Board in:

(a) Understanding the psychological adjustment and social skills and habits of the inmate; and

(b) Determining the likelihood for successful community reentry.

Stat. Auth.: ORS 144.228
Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51, OL1997 (Enrolled SB 156)
Hist.: PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98

255-036-0020

Request for Review Prior to Release Hearing Date

(1) Notwithstanding subsection 1 of OAR 255-036-0005, an inmate sentenced as a dangerous offender under ORS 161.725 and 161.735 may request a parole consideration hearing prior to the earliest time the inmate is eligible for parole release. The Board may consider information presented by the inmate to determine whether the inmate is no longer dangerous or that even though dangerous, can be adequately controlled with supervision and mental health treatment which are available in the community.

(2) The Board shall review the request for a parole consideration hearing by administrative file pass.

(3) If the Board finds, based upon the request and the information therein, there is reasonable cause to believe the inmate is no longer dangerous or even though dangerous, can be adequately controlled with supervision and mental health treatment which are in fact available to the inmate, the Board shall order the documents required by ORS 144.228 and this division and conduct a parole consideration hearing as soon as reasonably convenient.

(4) If the Board finds there is not reasonable cause to believe the inmate is no longer dangerous or to believe that the inmate can be adequately controlled with supervision and mental health treatment that is available in the community, the Board will deny the request for an early parole consideration hearing, and review the inmate’s case at the originally scheduled parole consideration hearing pursuant to OAR 255-036-0005(1).

Stat. Auth.: ORS 144.228
Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51, OL 1997 (Enrolled SB 156)
Hist.: PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98; PAR 5-2011, f. & cert. ef. 6-23-11

255-036-0025

The Release Hearing Packet

The Parole Consideration Hearing Packet shall contain:

(1) Institution face sheet;

(2) All prior Board Action Forms;

(3) Psychological or psychiatric evaluations; and reports pursuant to ORS 144.226 to 144.228;

(4) Documents listed in OAR 255-036-0005(6);

(5) Correspondence;

(6) Presentence Investigation report, post-sentence investigation report, or report of similar content; and

(7) Sentencing orders.

Stat. Auth.: ORS 144.228
Stats. Implemented: ORS 144.226 & 144.228
Hist.: PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 5-2011, f. & cert. ef. 6-23-11

255-036-0030

Parole Supervision

A dangerous offender released to parole prior to the sentence expiration shall serve the remainder of the sentence term imposed under ORS 161.725 and 161.735 on parole. The inmate shall serve at least three years of supervised parole.

Stat. Auth.: OL 1993, Ch. 680, Section 1(b) (SB 139)
Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51, OL 1997 (Enrolled SB 156)
Hist.: PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98; PAR 5-2011, f. & cert. ef. 6-23-11

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