Or. Admin. R. 255-033-0030 - Hearing Considerations
(1) The
hearing shall provide the person a meaningful opportunity to be released on parole
or post-prison supervision.
(2) The
Board may require the person, before holding a hearing described in this Division,
to be examined by a psychiatrist or psychologist with expertise in adolescent
development. Within 60 days of the evaluation, the examining psychiatrist or
psychologist shall file a written report of the findings and conclusions of the
examination with the Board. A certified copy of the report shall be included in a
Board Review Packet. This packet need not include all documents in the person in
custody's file but shall contain information relevant to the purpose of the hearing
and shall be provided to the person and the person's attorney.
(3) During a hearing under this section, the Board
shall consider and give substantial weight to the fact that a person under 18 years
of age is incapable of the same reasoning and impulse control as an adult and the
diminished culpability of minors as compared to that of adults. The Board shall also
consider the following circumstances, if relevant to the specific person and
offense:
(a) the age and immaturity of the person
at the time of the offense;
(b) whether
and to what extent an adult was involved in the offense;
(c) the person's family and community
circumstances at the time of the offense, including any history of abuse, trauma,
and involvement in the juvenile dependency system;
(d) the person's subsequent emotional growth and
increased maturity during the person's imprisonment;
(e) the person's participation in rehabilitative
and educational programs while in custody if such programs have been made available
to the person and use of self-study for self-improvement;
(f) a mental health diagnosis; and
(g) any other mitigating factors or circumstances
presented by the person.
(4)
Under no circumstances may the Board consider the age of the person as an
aggravating factor.
(5) The board, when
making a determination under ORS
144.397(7)
as to whether the person, based on the consideration of the age and immaturity of
the person at the time of the offense, and the person's behavior thereafter, has
demonstrated maturity and rehabilitation, may consider, among other things:
(a) the person's involvement in correctional
treatment, medical care, educational, vocational, or other training in the
institution which will substantially enhance the person's capacity to lead a
law-abiding life when released;
(b) the
person's institutional employment history;
(c) the person's institutional disciplinary
conduct;
(d) the adequacy of the
person's release plan including community support from family, friends, treatment
providers, and others in the community; type of residence, neighborhood, or
community in which the person plans to live;
(e) the person's ability to demonstrate remorse
and understanding of the impact the person's crime had on the victims and the
community;
(f) the person's attitude and
evidence of behavioral change;
(g) the
extent the person takes personal responsibility for their actions;
(h) any psychiatrist or psychologist's assessment
of the person's current risk of re-offending, risk of harm, and suitability for
community supervision;
(i) the person
understands long-term consequences;
(j)
the person can delay impulses and identify alternative actions;
(k) the degree of premeditation or deviancy
involved in the commission of the crime and the ability to understand, address, and
mitigate those underlying risk factors;
(l) the person, if paroled, would not be a threat
to the safety of the victim, the victim's family, or the community and would comply
with release conditions; and
(m) any
other relevant factors.
Notes
Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397
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