Or. Admin. R. 255-036-0005 - Parole Consideration Hearings
(1)
Within six (6) months after commitment to the Department of Corrections' custody of
any person sentenced as a dangerous offender, the Board shall set a date for a
parole consideration hearing which shall be no later than ten (10) days prior to the
date the inmate would have been eligible for parole release under Division 35 of
these rules if the court had not sentenced the offender pursuant to ORS
161.725
and
161.735
as a dangerous offender.
(2) A person
sentenced as a dangerous offender for felonies committed prior to November 1, 1989
is eligible for parole release:
(a) After having
served the Board ordered prison term; and
(b) The Board finds the inmate no longer
dangerous; or
(c) The Board finds the
inmate remains dangerous but can be adequately controlled with supervision and
mental health treatment and that the necessary resources for supervision and
treatment are available to the inmate.
(3) If the Board is unable to make the findings
required by section (2) of this rule, the Board will conduct the next review hearing
no less than two years, or more than ten years, from the current parole
consideration date.
(a) The Board may not grant the
inmate a hearing that is more than two years from the date the petition is denied
unless the Board finds that it is not reasonable to expect that the inmate would be
granted a parole release date two years from that date.
(b) A decision to establish a deferral period of
longer than two years requires a unanimous vote of the members participating in the
hearing. The length of deferral shall be determined by majority vote.
(c) Factors to be considered in establishing a
deferral period of longer than two years include those listed in OAR
255-062-0016.
(d) The inmate may request
an interim parole consideration hearing pursuant to OAR 255-062-0020.
(e) If the Board finds, based upon the request for
an interim hearing, that there is reasonable cause to believe that the inmate may be
granted a change in the terms of confinement, the Board shall conduct a hearing as
soon as is reasonably convenient. An interim parole consideration hearing may be
granted by a majority of the Board.
(f)
If the Board denies a petition for an interim hearing, it shall issue a final order
accompanied by findings of fact and conclusions of law, pursuant to ORS144.228(1)(d)
(2009).
(g) A finding by the Board under (e) above does
not bind the Board to any specific finding at the interim parole consideration
hearing.
(4) The Board will
hold parole consideration hearings pursuant to these rules until:
(a) The Board is able to make the required
findings; or
(b) The maximum court
ordered sentence, less good time, expires.
(5) If, at the parole consideration hearing or at
any subsequent review, the Board makes the findings required by section (2) of this
rule, the Board shall order parole release, subject to ORS
144.125
144.270-144.275
regarding review of release plans and supervision conditions.
(6) At any hearing or review, the Board may
consider:
(a) The examining psychologist or
psychiatrist's written report;
(b) A
written report from the executive officer of Department of Corrections institution
in which the inmate has been confined;
(c) A release plan, including verification that
adequate supervision and mental health treatment are immediately available for the
particular inmate;
(d) Any other
information regarding the inmate that the Board finds relevant.
(7) If after the Board makes the findings required
by section (2) of this rule, resulting in the inmate's release on parole, the Board
later has reasonable cause to believe the inmate's dangerousness has returned and/or
the inmate cannot be adequately controlled with supervision and mental health
treatment or that the necessary resources for supervision and treatment are
unavailable, the Board may order the inmate's return to the custody of the
Department of Corrections, and schedule a future disposition hearing to determine
whether to deny re-release on parole pursuant to OAR 255-075-0096.
Notes
Statutory/Other Authority: ORS 144.226 & 144.228
Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 & OL 1997 (Enrolled SB156)
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