Or. Admin. R. 255-035-0014 - Initial Parole Release Date for Offenders Whose Probations Are Revoked November 1, 1989 or Later
(1) To the extent
permissible under law, for those offenders who committed crimes prior to November 1,
1989 and the court revoked the previously ordered probation November 1, 1989 or
later, the board shall:
(a) Make the findings of
fact listed in OAR 255-035-0013 pursuant to Divisions 30 and 35 of the Board of
Parole and Post-Prison Supervision rules; and
(b) Make findings of fact pursuant to the
Sentencing Guidelines Grid and applicable rules found in OAR Chapter 213 and herein
incorporated by reference including:
(A) Crime
category (213-004-0002, 213-004-0003, 213-004-0004, 213-004-0005, Divisions 17, 18,
19 of OAR 213);
(B) Criminal history as
established by the post-sentence report (213-004-0006, 213-004-0007, 213-004-0008,
213-004-0009, 213-004-0010, 213-004-0011);
(C) Guideline ranges (Appendix 1 to OAR
213);
(D) Aggravating or mitigating
factors, if any (213-005-0001);
(E)
Upholding or overriding minimum sentences;
(F) Summing of consecutive ranges (OAR
213-012-0001 to 0004); and
(c) Except when the board upholds a minimum
sentence or denies parole, set the prison term pursuant to:
(A) The Sentencing Guidelines Grid (213-010-0002,
213-005-0006, Appendix 1) to the extent permissible under law, if the resultant
prison term would be shorter than it would be under the Board of Parole Matrix
Guideline and applicable rules;
(B) The
Matrix Guidelines (255-035-0013) if the resultant prison term would be shorter than
it would be under the Sentencing Guidelines Grid and applicable rules.
(2) When the board upholds a
judicially or statutorily set minimum sentence which is longer than the prison term
would otherwise be under the Sentencing Guidelines Grid, the board shall set the
prison term at minimum sentence.
(3)
When the court orders a sentence shorter than the applicable prison term, the board
shall apply OAR 255-035-0025.
(4)
Notwithstanding OAR 255-035-0025, the board may order a prison term of less than (6)
months when the crime severity and criminal history fall below the Sentencing
Guidelines dispositional line.
Notes
The Appendicies referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.
Stat. Auth.: ORS 137.551
Stats. Implemented: ORS 137.551
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