Or. Admin. R. 255-033-0050 - Final Determinations
(1) The
Board will make a final determination by reviewing the documents relied upon for the
hearing, any relevant testimony at the hearing, and all timely submitted relevant
materials.
(2) The Chairperson of the
Board, or designee, shall make assignments of Board Members to the panels. The
Chairperson of the Board may participate on any panel. Each panel shall have the
authority to hear and determine all questions before it. The vote of a majority of
the panel is required to make a finding that the person has demonstrated maturity
and rehabilitation. If the panel fails to arrive at a majority decision, another
Board Member shall vote on the matter administratively.
(3) If the Board finds that, based on the
consideration of the age and immaturity of the person at the time of the offense and
the person's behavior thereafter, the person has demonstrated maturity and
rehabilitation, the Board shall release the person as follows:
(a) For a person sentenced under ORS
163.105,
163.115
or
163.155,
the Board shall set a release date that is not more than 60 days from the date of
the hearing and, notwithstanding section 28, chapter 790, Oregon Laws 1989, the
person shall be released on parole in accordance with ORS
144.125,
144.260
and
144.270.
(b) A person sentenced to a term of imprisonment
under a provision of law other than ORS
163.105,
163.115
or
163.155
shall be released on post-prison supervision in accordance with ORS
144.096
and
144.098 within
60 days of the date of the hearing.
(4) If the Board determines that the person has
not demonstrated maturity and rehabilitation under OAR 255-033-0030, the Board may
deny release and postpone a subsequent hearing to a date that is at least two years
but no more than 10 years from the date of the hearing.
(5) The Board shall consider the factors listed in
Division 62 when setting a subsequent hearing date.
Notes
Statutory/Other Authority: ORS 144.096, 144.098, 144.125, 144.260, 144.270 & 144.397
Statutes/Other Implemented: 144.397
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