Or. Admin. R. 255-035-0016 - Variations from the Ranges for Aggravation or Mitigation
(1) The Board may depart from the appropriate
parole matrix range only upon making a specific finding that there is aggravation or
mitigation which justifies departure from the range pursuant to OAR 255-005-0005,
Exhibit E (Parts 1 and 2). The Board shall clearly state on the record
the facts and specific reasons for its finding. The Board may give items of
aggravation and mitigation different weight and not necessarily balance them one for
one.
(2) If a panel finds that the
matrix range and the variations permitted a panel is inadequate to establish a
prison term because of the panel's findings of aggravation or mitigation, it shall
secure a third vote for an additional variation or refer the matter to the Full
Board.
(3) OAR 255-005-0005,
Exhibit D shows the maximum allowable variations from a range. The
Board may apply a portion or all of the variation allowed.
(4) The Board shall also apply these provisions to
unified ranges.
Notes
The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the Board.
Stat. Auth.: ORS 144.120(2) & ORS 144.785 - ORS 144.787
Stats. Implemented:
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