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

 

DIVISION 37

DANGEROUS OFFENDERS

 

(For Crimes Occurring on or After November 1, 1989)

 

255-037-0005

Release 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 release hearing which shall be no later than ten (10) days prior to the date the inmate is eligible for release on post-prison supervision.

(2) A person sentenced as a dangerous offender for felonies committed on or after November 1, 1989 is eligible for release on post-prison supervision:

(a) after having served the incarceration term set forth on the judgment order; 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 shall schedule reviews once every two (2) years until:

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

(b) the maximum indeterminate sentence expires.

(4) If after the Board makes the findings required by section (2) of this rule, the Board later has reasonable cause to believe the inmate 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 an evaluation pursuant to ORS 144.226 and shall conduct a new release hearing.

(5) If, at the release hearing or at any subsequent review, the Board makes the findings required by section (2) of this rule, the Board shall order release to post-prison supervision, subject to ORS 144.096, 144.098 and 144.102 regarding supervision conditions and review of release plans, and subject to eligibility for release under statute and rule.

(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 field analysis report and 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.

Stat. Auth.: ORS 144.226, ORS 144.228 & ORS 144.232
Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 52, OL 1997 (Enrolled SB 156)
Hist.: PAR 4-1989, f. & ef. 11-1-89; PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91; PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91; 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

 

255-037-0010

Evaluations

(1) Within one hundred twenty (120) days of the last day of the incarceration term and at least every two years thereafter, 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 or not 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. 52, OL 1997 (Enrolled SB 156)
Hist.: PAR 4-1989, f. & ef. 11-1-89; PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91; PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91; 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 3-2006, f. & cert. ef. 4-5-06

 

255-037-0015

Department of Corrections Written Reports

The written report of the executive officer of the Department of Corrections, which the Board shall review at the release 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, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 52, OL 1997 (Enrolled SB 156)
Hist.: PAR 4-1989, f. & ef. 11-1-89; 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

 

255-037-0020

Request for Review Prior to Release Hearing Date

(1) Notwithstanding subsection (1) of OAR 255-037-0005, a inmate sentenced as a dangerous offender under ORS 161.725 and 161.735 may request a release hearing prior to the earliest time the inmate is eligible for release to post-prison supervision or a two year review. 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 in fact available to the inmate.

(2) The Board shall review the request for a release 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 this division and conduct a release 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 even though the inmate remains dangerous, the inmate can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the inmate, the Board will review the [prisoner's] inmate's case at the originally scheduled release hearing pursuant to OAR 255-037-0005(1).

Stat. Auth.: ORS 144.228
Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 52, OL 1997 (Enrolled SB 156)
Hist.: PAR 4-1989, f. & ef. 11-1-89; 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

255-037-0025

The Release Hearing Packet

The Post-Prison Supervision Release 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 255-037-0005(5);

(5) Correspondence;

(6) Field parole analysis report or report of similar content which shall include verification of supervision level and admission to mental health treatment; and

(7) Court orders.

Stat. Auth.: ORS 144.228
Stats. Implemented: ORS 144.226 & ORS 144.228
Hist.: PAR 4-1989, f. & ef. 11-1-89; PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91; PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91; PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93

 

255-037-0030

Post-Prison Supervision

(1) A dangerous offender released to post-prison supervision prior to the sentence expiration shall serve the remainder of the sentence term imposed under ORS 161.725 and 161.735 on post-prison supervision.

(2) The Board of Parole and Post-Prison Supervision may return an inmate for a period of 180 days as a sanction for any supervision violation. Notwithstanding ORS 137.010 and the rules of the State Sentencing Guidelines Board, the Board may impose the sanction repeatedly for subsequent violations during the term of post-prison supervision.

(3) The Board may at any time, return the inmate to prison and require that the inmate submit to an examination as provided in ORS 144.226. If the Board finds the inmate dangerous and/or cannot be adequately controlled with supervision and mental health treatment and/or the necessary resources for supervision and treatment are unavailable to the inmate, the Board shall return the inmate to prison for an indefinite period of time, not to exceed the sentence expiration date.

(4) The Board shall review an inmate returned to prison once every two years as provided in OAR 255-037-0005.

Stat. Auth.: ORS 144.232
Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 52, OL 1997 (Enrolled SB 156)
Hist.: PAR 4-1989, f. & ef. 11-1-89; PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91; PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91; 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

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