Or. Admin. R. 255-037-0005 - Release 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 release hearing
which shall be no later than ten (10) days prior to the date the inmate is eligible
for release on post-prison supervision.
(2) A person sentenced as a dangerous offender for
felonies committed on or after November 1, 1989 is eligible for release on
post-prison supervision:
(a) after having served
the incarceration term set forth on the judgment order; 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 shall schedule reviews once every
two (2) years until:
(a) the Board is able to make
the required findings; or
(b) the
maximum indeterminate sentence expires.
(4) If after the Board makes the findings required
by section (2) of this rule, the Board later has reasonable cause to believe the
inmate 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 an evaluation
pursuant to ORS 144.226 and shall conduct a new
release hearing.
(5) If, at the release
hearing or at any subsequent review, the Board makes the findings required by
section (2) of this rule, the Board shall order release to post-prison supervision,
subject to ORS 144.096,
144.098 and
144.102 regarding supervision
conditions and review of release plans, and subject to eligibility for release under
statute and rule.
(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 field analysis report
and 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.
Notes
Stat. Auth.: ORS 144.226, ORS 144.228 & ORS 144.232
Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 52, OL 1997 (Enrolled SB 156)
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