Or. Admin. R. 255-032-0025 - Manner of Review Hearing
(1) The
proceedings shall be governed by the procedures for records, disclosure, and notice
outlined in divisions 15 and 30.
(2) At
the hearing, the inmate has:
(a) The burden of
proving by a preponderance of the evidence the likelihood of rehabilitation within a
reasonable period of time; and
(b) If
the inmate is without sufficient funds to be represented by an attorney at the
hearing, the Board shall appoint legal counsel. The Board will make payment to the
attorney according to rules posted on the Board website:
http://www.oregon.gov/boppps/ [File Link Not Available].
(c) The right to a subpoena issued by the Board
upon a showing of the general relevance and reasonable scope of the evidence sought,
and pursuant to Board rules.
(3) The initial testimony of each witness shall
not exceed ten 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.
(4) Pursuant to ORS
144.120,
the crime victims have the right to appear at the hearing, or to submit a written
statement concerning the crime and the person responsible. For the purposes of these
rules, victim means any person determined by the prosecuting attorney, the court, or
the Board to have suffered direct financial, psychological, or physical harm as a
result of a crime and, in the case of a victim who is a minor, the legal guardian of
the minor. The victim may be represented by counsel or a designee of the victim's
choice. If a victim chooses to speak, his/her statement should be concluded within
15 minutes. The Board may allow the victim to exceed that period when additional
time is needed.
(5) Pursuant to ORS
144.120,
the district attorney from the committing jurisdiction has the right to appear at
the hearing, or to submit a written statement concerning the crime and the inmate.
The district attorney may be represented by a designee if he/she wishes. The
district attorney's statement should be concluded within 15 minutes. The Board may
allow the statement to exceed that period when additional time is needed.
(6) If upon hearing all the evidence, the full
Board, upon a unanimous vote of all members, or by such other vote as is specified
in statute, finds that the inmate is capable of rehabilitation and that the terms of
the inmate's confinement should be changed to life imprisonment with the possibility
of parole or work release, it shall convert the terms of the inmate's confinement to
life imprisonment with the possibility of parole or work release and may set a
parole release date. Otherwise, the Board shall deny the relief sought in the
petition. The Board's final order granting or denying relief shall be accompanied by
findings of fact and conclusions of law. The findings of fact shall consist of a
concise statement of the underlying facts supporting the findings as to each
contested issue of fact and as to each ultimate fact required to support the Board's
order.
(7) When an inmate has a
consecutive sentence for a crime other than Aggravated Murder or Murder as described
in OAR 255-032-0005, the Board shall determine the prison term for the consecutive
sentences(s) pursuant to ORS
144.120.
The prison term for the consecutive sentence(s) will not begin to run until and
unless the Board orders a release date on the Aggravated Murder sentence established
pursuant to ORS
163.105,
or the Murder sentence established pursuant to ORS
163.115.
Notes
Statutory/Other Authority: ORS 163.105, 163.115 & ORS 144.120
Statutes/Other Implemented: ORS 144.120
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