Or. Admin. R. 255-032-0035 - Effect of Denying Relief Request
If the Board finds that the inmate is not capable of rehabilitation, the Board shall deny the relief sought in the inmate petition. The Board may not grant a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied.
(1) The
Board may not grant a hearing that is more than two years from the date a petition
is denied unless the board finds that it is not reasonable to expect that the
prisoner would be granted a change in the terms of confinement before the date of
the subsequent hearing.
(2) A decision
to grant a hearing that is more than two years from the date a petition is denied
requires a unanimous vote of the Board members participating in the hearing; the
length of the deferral shall be determined by a majority vote.
(3) Factors to be considered in establishing a
deferral period of longer than two years include those listed in OAR
255-062-0016.
(4) The inmate may request
an interim exit interview hearing pursuant to OAR 255-062-0021.
(5) If the Board finds, based upon the request for
an interim hearing, that there is reasonable cause to believe that the inmate may be
granted a change in the terms of confinement, the Board shall conduct a hearing as
soon as is reasonably convenient. An interim hearing may be granted by a majority of
the Board.
(6) If the Board denies a
petition for an interim hearing, it shall issue a final order accompanied by
findings of fact and conclusions of law, pursuant to ORS144.285(3)
(2009). A finding by the Board under (e) above
does not bind the Board to any specific finding at the interim murder review
hearing.
Notes
Stat. Auth.: ORS 163.105, 144.285
Stats. Implemented: ORS 144, 163.105
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