The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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BOARD OF PAROLE AND POST-PRISON SUPERVISION

 

DIVISION 30
PRISON TERM HEARING AND HEARING PROCEDURES

255-030-0010
Scheduling Prison Term Hearings
(1) The Board shall conduct a hearing to
establish a prison term for each new inmate whose crime was committed prior to November
1, 1989, within:
(a) Six months of admission
to a Department of Corrections facility for those sentenced to five years or less;
(b) Eight months of admission
to a Department of Corrections facility for those sentenced to more than five years
but less than fifteen years; or
(c) Twelve months of admission
to a Department of Corrections facility for those sentenced to life or fifteen years
or more.
(2) The Board shall follow section
1 of this rule to schedule a prison term hearing for any additional sentence received
while in custody of a Department of Corrections facility.
(3) For those prison term hearings
which must be conducted within six months, the Board may defer setting a prison
term for ninety days to obtain additional information.
(4) The Board may establish
prison terms after a hearing or as an administrative action without a hearing, pursuant
to 255-030-0024.
Stat. Auth.: ORS 144.120(1)
Stats. Implemented: ORS 144.120
Hist.: 2PB 1-1979, f. &
ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86;
PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989,
f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97,
cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 3-2012(Temp), f. &
cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013,
f. & cert. ef. 11-27-13
255-030-0013
Notification
of Hearing
(1) The Board shall send written notice
of the hearing and its purpose to the inmate. The inmate shall receive a copy of
the Board Review Packet, including the notice of rights (Exhibit NOR-1), at least
14 days prior to the hearing.
(2) If the inmate did not receive
14 days notice, the Board may reschedule the hearing or the inmate may waive the
notice and the Board shall conduct the hearing.
(3) The Board shall attempt
to notify the victim, if the victim requests notification and furnishes the Board
a current address, and the District Attorney of the committing county at least ninety
(90) days before all hearings by sending written notice to the current addresses
of both parties.
[ED. NOTE:
Exhibits referenced are not included in rule text. Click here for PDF copy of exhibit(s).]
Stat. Auth.: ORS 144.120(7) & 144.130
Stats. Implemented: ORS 144.120(7)
& 144.130
Hist.: 2PB 4-1986(Temp),
f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef.
5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1990(Temp), f. & cert. ef.
2-20-90; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 8-1992, f. & cert. ef. 10-9-92;
PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 7-2010, f. & cert. ef. 9-3-10;
PAR 8-2010, f. & cert. ef. 9-29-10; PAR 2-2012(Temp), f. & cert. ef. 6-28-12
thru 12-25-12; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 4-2012,
f. & cert. ef. 10-15-12; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013,
f. & cert. ef. 11-27-13; PAR 1-2015, f. & cert. ef. 4-15-15
255-030-0015
When Full Board Is Required; Procedures for Board Decision
(1) Except as otherwise provided in this rule, a panel of two voting members of the Board shall conduct all prison term hearings and shall make the final decision.
(2) A majority of the Board may conduct the following hearings; a majority of the Board shall make the final decision in cases in which:
(a) The court sentenced the inmate under ORS 161.725 and 161.735 as a dangerous offender;
(b) The Department of Corrections recommends an extension of more than two years in the prison term for misconduct;
(c) The court ordered a minimum sentence pursuant to ORS 144.110 and the minimum exceeds the matrix range and the variations permitted a panel;
(d) A panel recommends a decision to set the prison term below a judicially set minimum sentence (A panel may uphold a judicial minimum);
(e) A panel recommends unsumming a unified range.
(3) A majority of the Board may conduct the following hearings; the full Board shall make the final decision:
(a) Cases involving a prisoner sentenced to life imprisonment for murder or aggravated murder;
(b) Cases where the inmate was convicted of a crime involving the death of a victim, whether or not the prosecution directly charged the prisoner with causing the death of the victim.
(4) If a Board member is not present at a hearing, and statute or rule compels review, or the vote may affect the outcome of the hearing, the Board member may vote administratively after reviewing the Board Review Packet and the handwritten Board Action Form with attached exhibits, or may request that a hearing be rescheduled. The Board's action shall be considered final if the absent member's vote is not required for a final decision.
(5) A panel of one Board member or of one Board member and one hearings officer may conduct prison term hearings for inmates convicted of non-person-to-person crimes. In cases of a panel consisting of one Board member, another member shall vote after review of the record as provided in section 4 of this rule. A hearings officer may not participate on a panel in cases in which, pursuant to ORS 144.110, a court imposed a minimum sentence that exceeds the matrix range and variations permitted a panel.
(6)(a) If there is a division in a panel so that a decision is not unanimous, another Board member shall vote after review of the record as provided in section (4) of this rule.
(b) If the original panel was made up of one Board member, and the member voting after administrative review of the record disagrees with the decision, the chairperson shall reassign the case to a panel made up of the remaining Board members. If this second panel agrees with neither member of the original panel, the chairperson will refer the case for hearing and decision before the full Board.
(c) When a panel recommends a decision to exceed the allowable variation from the matrix permitted to the panel and a third vote, the chairperson shall reassign the case for hearing and decision before the full Board.
(d) When a panel recommends denying parole, the chairperson shall reassign the case for hearing before the full Board, and three members must affirmatively agree to deny parole, except that if the result is life imprisonment, the vote must be unanimous.
Stat. Auth.: ORS 144.035 & ORS 144.054

Stats. Implemented: ORS 144.035, ORS 144.054, ORS 144.110, ORS 161.725 - ORS 161.735

Hist.: 2PB 1-1979, f. & ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 2-1986(Temp), f. & ef. 11-13-86; 2PB 3-1986(Temp), f. & ef. 12-2-86; PAR 2-1988(Temp), f. & ef. 3-25-88; PAR 6-1988, f. & ef. 5-19-88; PAR 18-1988, f. & ef. 12-6-88; PAR 4-1989, f. & ef. 11-1-89; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00
255-030-0021
Manner of Hearing
At the chairperson's discretion, the Board
or its designated representative may conduct any hearing by teleconference call,
videoconference call, or other electronic medium that ensures the inmate, the Board,
and other participants the opportunity to hear and be heard.
Stat. Auth.: ORS 144.035(5)
Stats. Implemented: ORS 144.035(5)
Hist.: 2PB 7-1985, f. &
ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87;
PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 8-1992,
f. & cert. ef. 10-9-92; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13;
PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13
255-030-0023
Inmate Appearance
at Board Hearing
(1) The inmate shall be present in person,
by telephone or videoconference, or by any other electronic medium that ensures
the inmate, the Board, and other participants the opportunity to hear and be heard.
(2) If an inmate refuses to
appear at a hearing, the refusal will be considered to be the inmate’s waiver
of appearance.
(3) The Board may compel an
inmate's appearance when the inmate refuses to appear.
(4) The Board may choose not
to compel the inmate to attend the hearing. The Board may then reschedule the hearing,
or hold the hearing and make a decision in the inmate’s absence.
Stat. Auth.: ORS 144.035(5) & 144.120
Stats. Implemented: ORS 144.035(5)
& 144.120
Hist.: PAR 6-1988, f. &
ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1990(Temp), f. & cert.
ef. 2-20-90; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 8-1992, f. & cert.
ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 3-2012(Temp), f. &
cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013,
f. & cert. ef. 11-27-13
255-030-0024
Prison Term
Hearing Waiver
(1) Notwithstanding OAR 255-030-0023(3),
an inmate may waive his/her right to a prison term hearing based on the following
criteria:
(a) Sentence of less than 15
years; and
(b) Non-person felony (The non-person
felonies are designated on Exhibit A-I of these rules.); and
(c) Matrix range of up to 14–20
months; and
(d) Completed Prison Term Hearing
Packet.
(2) Within the time limits provided
by OAR 255-030-0010, the Board, at its discretion, may notify the inmate in writing
of:
(a) His/her eligibility to waive
the prison term hearing; and
(b) The proposed prison term
and conditions of parole.
(3) A Department of Corrections
counselor will review the waiver form with the inmate.
(4) Upon receipt of a signed
waiver, the Board shall make the findings required by OAR 255-035-0013 or 255-035-0014
and shall send the final Board order to the inmate.
(5) If the Board is not satisfied
that the waiver was made knowingly and intelligently or if it needs more information
before making its decision, the Board may deny the waiver and order a hearing.
Stat. Auth.: ORS 144.120(1)(b)
Stats. Implemented: ORS 144.120(1)(b)
Hist.: PAR 8-1988, f. &
ef. 7-1-88; PAR 9-1988(Temp), f. & ef. 7-14-88; PAR 12-1988(Temp), f. &
ef. 7-20-88; PAR 13-1988(Temp), f. & ef. 8-5-88; PAR 18-1988, f. & ef. 12-6-88;
PAR 4-1989, f. & ef. 11-1-89; PAR 1-1990(Temp), f. & cert. ef. 2-20-90;
PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 5-1991, f. & cert. ef. 10-15-91;
PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00;
PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert.
ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13
255-030-0025
Inmate Accompaniment
to Board of Parole and Post-Prison Supervision Hearing
(1) Purpose: The purpose of these rules
is to jointly establish with the Department of Corrections policies and procedures
governing who may accompany an inmate in a hearing before the Board of Parole and
Post-Prison Supervision.
(2) Policy: It is the joint
policy of the Department of Corrections and Board of Parole and Post-Prison Supervision
that inmates be permitted to have a person accompany them in hearings before the
Board in accordance with ORS 144.123, as provided in these rules. The decision to
approve a person's physical access to a Board hearing held within a Department of
Corrections facility will be made by the functional unit manager or designee of
the facility in which the inmate is confined, in accordance with the department's
rules on Facility Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127). A person's
physical access to a Department of Corrections facility may be prohibited or restricted
by the functional unit manager or designee consistent with these rules; the health,
safety and security of staff, inmates, and the public; and with the safe, secure,
and orderly operation and management of the facility.
Stat. Auth.: ORS 144.123 & 144.120(7)
Stats. Implemented: ORS 144.120(7),
144.123 & 192.630
Hist.: 2PB 1-1979, f. &
ef. 2-1-79; 2PB 10-1981(Temp), f. & ef. 11-4-81; 2PB 1-1982, f. & ef. 5-19-82;
2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988,
f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 2-1990, f. & cert.
ef. 4-5-90; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97, cert.
ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 4-2004(Temp), f. & cert.
ef. 5-14-04 thru 11-10-04; PAR 10-2004, f. & cert. ef. 11-2-04; PAR 3-2012(Temp),
f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR
3-2013, f. & cert. ef. 6-10-13; PAR 5-2013, f. & cert. ef. 11-27-13
255-030-0026
Who May Appear
at a Board of Parole and Post-Prison Supervision Hearing
(1) Inmate Accompaniment: When appearing
before the Board of Parole and Post-Prison Supervision in a hearing, an inmate may
be accompanied at the Department of Corrections facility in which the inmate is
confined, subject to the prior approval of the facility functional unit manager
or designee, by:
(a) A person who has been approved
for privileged visiting in accordance with the Department of Corrections rule on
Visiting (Inmate) (OAR 291-127);
(b) An assigned inmate legal
assistant, selected in accordance with the Department of Corrections rule on Legal
Affairs (Inmate) (OAR 291-139), from the Department of Corrections facility where
the inmate is confined; or
(c) The inmate's attorney.
(2) In addition to those persons
specified in subsection (1) of this rule, the inmate may be accompanied at the hearing
via telephone or videoconference by such other person or persons as the Board of
Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement.
The inmate may select one person to speak on his/her behalf. The statement shall
not exceed 15 minutes. The presiding Board member may grant the support person additional
time upon a finding that further testimony is likely to be relevant to the Board's
decision. The presiding Board member may exclude or limit irrelevant, immaterial
or unduly repetitious testimony and evidence.
(3) The Department of Corrections,
if requested by the inmate or the Board, will assign an approved inmate legal assistant
from the Department of Corrections facility where the inmate is confined to accompany
an inmate at a Board hearing. The selection of the inmate legal assistant shall
be governed by the policies and rules of the Department of Corrections.
(4) Others Who May Attend/Appear
at a Board Hearing:
(a) Victim: The victim(s), personally,
or by counsel or other representative, may attend Board of Parole and Post-Prison
Supervision Hearings and may submit written and oral statements, including supporting
documents, expressing any views concerning the crime and the offender.
(b) District attorney: the district
attorney from the committing jurisdiction or his/her representative or designee,
may attend Board hearings and may submit written and oral statements, including
supporting documents, expressing any views concerning the crime and the offender.
(c) Public: Members of the public
may attend, but not participate in, Board of Parole and Post-Prison Supervision
hearings.
(d) Media Representatives: Approved
media representatives may attend, but not participate in, Board of Parole and Post-Prison
Supervision hearings.
(e) Department of Corrections
Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers,
and contractors may attend, but not participate in, Board of Parole and Post-Prison
Supervision hearings, except as requested or approved by the Board in order to provide
testimony in the hearing.
(f) Other: The Board retains
the discretion to allow oral statements at hearings from one or more persons not
otherwise identified in OAR 255-030-0026, if the Board deems the person(s) to have
a substantial interest in the case, or to be able to provide information that may
assist the Board in its deliberations.
(5) Means and Manner of Appearance/Attendance:
(a) Board Hearings Conducted
With Inmate in Person Within a Department of Corrections Facility:
(A) If the inmate will appear
before the Board of Parole and Post-Prison Supervision in person within a Department
of Corrections facility, the person(s) accompanying the inmate, the victim, the
district attorney, and/or their representatives, members of the public, and approved
media representatives, may attend the hearing in person at the Department of Corrections
facility, subject to the approval by the functional unit manager of the facility
in which the hearing is being conducted, or if arranged in advance with the Board,
via telephone, videoconference call, or other electronic medium that ensures the
inmate, the Board, and other participants the opportunity to hear and be heard.
(B) A person who wants to attend
a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections
facility must contact the Board at least two weeks in advance of the hearing to
arrange.
(C) A person's access to a Department
of Corrections facility is subject to the Department of Corrections rules on Facility
Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127), and may be prohibited
or restricted by the functional unit manager or designee of the facility in which
the hearing is being conducted consistent with the health, safety and security of
staff, inmates, and the public, and with the safe, secure, and orderly operation
and management of the facility.
(D) A person who attends a Board
of Parole and Post-Prison Supervision hearing in a Department of Corrections facility
is subject to the rules of conduct, and the terms and conditions of visiting set
forth in the department's rules on Facility Access (OAR 291-016) and Visiting (Inmate)
(OAR 291-127).
(b) Board Hearings Conducted
With Inmate via Telephone, Videoconference, or Other Electronic Medium: If the inmate
will appear before the Board of Parole and Post-Prison Supervision via telephone,
videoconference, or other electronic medium, the person(s) accompanying the inmate,
the victim(s), and the district attorney, and/or their representatives, members
of the public, and approved media representatives, may appear/attend the hearing
at the place in which the Board is conducting the hearing, or via telephone, videoconference,
or other electronic medium, as arranged in advance with the Board.
(6) Conduct of Hearing: The
Board of Parole and Post-Prison Supervision may eject any disruptive person from
a hearing. The Board may require all persons to leave the designated hearing area
during deliberations.
Stat. Auth.: ORS 144.123, 144.750, former
144.120(7) & 192.690
Stats. Implemented: ORS 144.123,
144.750 & former 144.120(7)
Hist.: PAR 10-2004, f. &
cert. ef. 11-2-04; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR
2-2013, f. & cert. ef. 3-1-13; PAR 3-2013, f. & cert. ef. 6-10-13; PAR 5-2013,
f. & cert. ef. 11-27-13
255-030-0027
Victim, District
Attorney and Inmate Statements
(1) During the hearing, the victim(s),
personally, by counsel, or by representative, and the district attorney from the
committing jurisdiction may make statements not to exceed 15 minutes. The presiding
Board member may grant the representative of the victim or the district attorney
additional time upon a finding that further testimony is likely to be relevant to
the Board's decision. The presiding Board member may exclude or limit irrelevant,
immaterial, or unduly repetitious testimony and evidence. Following the statement(s)
by the victim(s) and/or district attorney, the inmate may address the Board with
his/her response.
(2) One person selected by the
inmate may make a statement not to exceed 15 minutes. The presiding Board member
may grant the witness additional time upon a finding that further testimony is likely
to be relevant to the Board's decision. The presiding Board member may exclude or
limit irrelevant, immaterial, or unduly repetitious testimony and evidence.
Stat. Auth.: ORS 144.750 &
former 144.120(7)
Stats. Implemented: ORS 144.750 &
former 144.120(7)
Hist.: 2PB 4-1986(Temp),
f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef.
5-19-88; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 3-1997, f. 3-11-97, cert. ef.
3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 5-2010(Temp), f. 7-2-10, cert.
ef. 7-6-10 thru 1-1-11; PAR 12-2010, f. & cert. ef. 12-1-10; PAR 3-2012(Temp),
f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR
5-2013, f. & cert. ef. 11-27-13
255-030-0032
Evidence
(1) The presiding Board member at a Board
hearing shall explain the issues to be decided. In the case of a prison term hearing,
those issues are set forth in OAR 255-035-0013. In the case of other types of hearings,
the issues are set forth in the applicable division of the Board’s administrative
rules.
(2) Evidence of a type that
reasonably prudent persons would commonly rely upon in the conduct of their serious
affairs shall be admissible in Board hearings, including:
(a) The information set forth
in OAR 255-030-0035;
(b) Other relevant evidence
concerning the inmate that is available.
(3) Reliable, probative, and
substantial evidence shall support Board orders. Substantial evidence is found when
the record, viewed as a whole, would permit a reasonable person to make a particular
finding.
(4) The Board may exclude evidence
if it is:
(a) Unduly repetitious;
(b) Not of a type commonly relied
upon by reasonably prudent persons in the conduct of their serious affairs;
(c) Provided by a person, other
than a justice system official, without first hand knowledge of the circumstances
of the crime that is the subject of the proceeding before the Board;
(d) Provided by a person, other
than a justice system official, without first hand knowledge of the character of
the inmate;
(e) Addressing only guilt or
innocence; or
(f) Irrelevant or immaterial
to the decision(s) to be made at that particular hearing.
(5) The Board may receive evidence
to which the inmate objects. If the presiding Board member does not make rulings
on its admissibility during the hearing, the Board shall make findings on the record
at the time a final order is issued.
(6) Erroneous rulings on evidence
shall not preclude Board action on the record unless shown to have substantially
prejudiced the rights of the inmate.
Stat. Auth.: ORS 144.050 & 144.140
Stats. Implemented: ORS 144.050
& 144.140
Hist.: PAR 4-1989, f. &
ef. 11-1-89; PAR 5-1990, f. & cert. ef. 10-5-90; PAR 1-1992, f. & cert.
ef. 1-13-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert.
ef. 6-9-00; PAR 3-2012(Temp), f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013,
f. & cert. ef. 3-1-13; PAR 5-2013, f. & cert. ef. 11-27-13
255-030-0035
Information the Board Shall Consider at a Prison Term Hearing
(1) The Board Review Packet shall contain
information relevant to the purpose of the hearing, which may include, but is not
limited to:
(a) Inmate's notice of rights
and notice of administrative appeal;
(b) Presentence Investigation
(PSI), Postsentence Investigation Report (PSR), Parole Analyst Report (PAR), or
report of similar content;
(c) Sentencing/judgment orders;
(d) Department of Corrections
Inmate Face sheet;
(e) Certification of time served
credits;
(f) Board Action Forms;
(g) Information pursuant to
Ballot Measure 10;
(h) Material submitted by the
inmate or representative relating to the calculation of the prison term, or to the
subject matter of the hearing;
(i) Current psychological/psychiatric
evaluations;
(j) Other relevant material
selected at the Board's discretion.
(2) The Board Review Packet
need not include all documents in the inmate’s file.
(3) At its discretion, the Board
may consider additional written information and recommendations from those with
a special interest in the case. If considered, the Board Review Packet shall include
the information. The Board must receive any information submitted pursuant to this
section at least fourteen days prior to the hearing. The Board may waive the fourteen-day
requirement.
Stat. Auth.: ORS 144.185 & 144.223
Stats. Implemented: ORS 144.185,
144.125(1) & 144.223
Hist.: 2PB 1-1979, f. &
ef. 2-1-79; 2PB 16-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82;
2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987,
f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef.
11-1-89; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 3-2012(Temp), f. & cert.
ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013, f. &
cert. ef. 11-27-13
255-030-0040
Inmate's Access
to Written Materials/Rebuttal and Deadlines for Receiving Materials
(1) The inmate shall have access to all
the material in the Board Review Packet except that exempted by OAR 255-015-0010
(Criteria for Denial of Disclosure of Records).
(2) The inmate shall have access
to all the victim and district attorney's responses pursuant to OAR 255-030-0035
except as exempted by the Board pursuant to OAR 255-015-0010. The Board shall include
the responses in the Board Review Packet or shall give the responses to the inmate
as soon as they are available to the Board.
(3) If the victim, his/her representative,
or the district attorney wishes to rebut any of the material in the Board Review
Packet, the Board must receive the response seven days prior to the hearing. The
Board shall notify the victim that the Board will include the response in the Board
Review Packet sent to the inmate unless the victim requests confidentiality.
(4) The inmate or representative
shall submit any relevant information at least fourteen days prior to the hearing.
(5) The Board may waive deadline
requirements if it finds good cause to do so.
Stat. Auth.: ORS 144.050, 144.130, 144.223,
192.502(4) or (5)
Stats. Implemented: ORS 144.130
Hist.: 2PB 1-1979, f. &
ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86;
PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989,
f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 3-1997, f. 3-11-97,
cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 3-2012(Temp), f. &
cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR 5-2013,
f. & cert. ef. 11-27-13
255-030-0046
Continuance
of Hearings: Cancellation of Hearings
(1) Upon the request of any party or on
its own motion, the Board may, for good cause, continue a hearing for a reasonable
period of time.
(2) A request for cancellation
or postponement of a hearing must be for good cause, in writing, and at least seven
days before the hearing.
(3) A hearing may not be postponed
or cancelled if that action would violate any statute or rule requiring the hearing
to be held.
(4) If the Board cancels a hearing
at an inmate’s request, the inmate shall not be eligible to request another
hearing for 90 days from the date of the scheduled hearing. The decision to grant
a hearing is at the discretion of the Board.
Stat. Auth.: ORS 144.050
Stats. Implemented: ORS 144.185
Hist.: PAR 3-2012(Temp),
f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR
5-2013, f. & cert. ef. 11-27-13
255-030-0055
Notice of Decision
Following Prison Term Hearing
(1) Following a Board decision concerning
the prison term of an inmate, the Board shall send written notice of the Board's
final order to the inmate, district attorney, sheriff or arresting agency, the Department
of Corrections, and upon request, the victim, the sentencing judge and the trial
counsel.
(2) The Board's final order
shall contain the following findings, as applicable:
(a) The prison term commencement
date;
(b) The history/risk assessment
score;
(c) The crime category with
the subcategory rationale;
(d) The matrix range;
(e) When there are consecutive
sentences, whether the range is unsummed and the reason for unsumming;
(f) When there is a variation
from the range, the reason for the variation;
(g) Aggravation;
(h) Mitigation;
(i) The votes on minimum sentences;
(j) The prison term set;
(k) The parole release date;
(l) Sentencing guidelines range,
if applicable.
Stat. Auth.: ORS 144.120, 144.260 &
144.135
Stats. Implemented: ORS 144.120,
144.260 & 144.135
Hist.: 2PB 1-1979, f. &
ef. 2-1-79; 2PB 7-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86;
PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989,
f. & ef. 11-1-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 4-1993, f. &
cert. ef. 10-29-93; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 3-2012(Temp),
f. & cert. ef. 9-18-12 thru 3-1-13; PAR 2-2013, f. & cert. ef. 3-1-13; PAR
5-2013, f. & cert. ef. 11-27-13

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