Or. Admin. R. 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
panel of at least two members of the Board, may conduct hearings in the following
cases; a majority of the Board shall make the final decision:
(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 panel of at least two members of the Board
may conduct hearings in the following cases, but the final decision shall be made by
either three board members or, if the chairperson requires all voting members to
participate, all voting members:
(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.
Notes
Stat. Auth.: ORS 144.035 & 144.054
Stats. Implemented: ORS 144.035, 144.054, 144.110 & 161.725 - 161.735
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