Or. Admin. R. 255-035-0021 - Consecutive Sentences: Creating a Unified Matrix Range
(1) Notwithstanding section (4) of this rule, the
Board shall establish the principal range for the most serious of the felonies
committed during the time period under consideration. If two or more felonies are
determined to be equally the most serious, the Board shall establish a principal
range for only one of those felonies.
(2) The Board shall then establish a range for
each of the remaining felonies committed during the same period using the
appropriate base range for the crime pursuant to OAR
255-005-0005,
Exhibit C.
(3) The unified
range for crimes committed during the same period shall be determined by summing the
range established under section (1) of this rule with the ranges established under
section (2) of this rule.
(4) The method
established by sections (1) to (3) of this rule for determining the unified range
shall not apply if any of the crimes involved is:
(a) Murder, as defined in ORS
163.115 or any aggravated form
thereof;
(b) Assault in the first
degree, as defined in ORS 163.185;
(c) Kidnapping in the first degree, as defined in
ORS 163.235;
(d) Rape in the first degree, as defined in ORS
163.375;
(e) Sodomy in the first degree, as defined in ORS
163.405;
(f) Sexual penetration with a foreign object, as
defined in ORS 163.411;
(g) Arson in the first degree, as defined in ORS
164.325; or
(h) Treason, as defined in ORS
166.005.
(5) To determine the unified range for inmates
with consecutive sentences which involve a crime listed in section (4) of this rule,
the Board shall establish the matrix range for each crime by using the inmate's
history/risk score pursuant to OAR
255-005-0005,
Exhibit B and the applicable crime category rationale. The unified
range shall be the sum of the ranges established under this section.
(6) The unified range may be subject to the
variations established in accordance with OAR
255-035-0016
and
255-005-0005,
Exhibit D.
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
Stats. Implemented: ORS 144
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