Or. Admin. R. 255-032-0005 - Prison Term Hearing to Be Held
(1) An
adult person convicted of Aggravated Murder under ORS
163.095 shall receive a hearing
within one year of sentencing. A person convicted of Murder under ORS
163.115 that was committed on or
after June 30, 1995, and who was sentenced to life with a twenty-five (25) year
minimum shall receive a hearing within one year of sentencing. At the hearing the
Board shall set a review date congruent with the minimum terms set forth in OAR
255-032-0010 rather than a parole release date. In lieu of holding a hearing, the
Board may determine the prison term/murder review date by administrative file
pass.
(2) Adult persons sentenced to
death or life without the possibility of release or parole shall not receive a
hearing.
(3) Adult persons sentenced to
life with a twenty (20) or thirty (30) year minimum for aggravated murder shall
receive a prison term hearing pursuant to ORS
144.120 if they also have a sentence
to the Department of Corrections' custody for a crime other than aggravated
murder.
(4) Inmates, who were juveniles
and waived to adult court pursuant to ORS
419C.340 through
419C.364, and were under the age of
17 years at the time of their crime(s), and were convicted of Aggravated Murder, per
ORS 163.095, and whose crimes were
committed after October 31, 1989 and prior to April 1, 1995, shall receive a prison
term hearing. At the hearing, the Board shall set a projected parole release date,
in accordance with the guidelines and matrix that apply with respect to the date of
the crime.
(5) The Board will apply the
applicable procedural rules under OAR divisions 30 and 35, in effect at the time of
the hearing, for the conduct of the hearing.
Notes
Stat. Auth.: ORS 144.120, 163.095, 163.115, 419C.340 & 419C.364
Stats. Implemented: ORS 163.105
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