Or. Admin. R. 255-040-0028 - Reductions for a Severe Medical Condition or Incapacitated Elderly Person
(1) Except as provided
in subsections (3) and (4) of this rule, the Board may consider reductions in prison
terms when any inmate, regardless of whether they committed their crime before or
after November 1, 1989, is suffering from a severe medical condition or is elderly
and is permanently incapacitated and is unable to move from place to place without
the assistance of another. The following information must accompany a request for
reduction:
(a) A medical authority's report, which
attests to validity of the condition with reasons why continued incarceration would
be cruel and inhumane; and
(b) The
institution superintendent's recommendation; and
(c) The Department of Corrections Director's
recommendation regarding whether resetting the release date to an earlier date is
compatible with the best interests of the inmate and society; and
(d) The Governor's commutation for those sentenced
to life in prison or death for aggravated murder.
(2) If a hearing may threaten the health and
safety of the inmate or the Board, the Board shall consider the reduction
administratively and may grant it upon an affirmative majority vote.
(3) For inmates sentenced under Ballot Measure 11
(ORS 137.700), the Board has no authority
to grant an early release due to a medical condition.
(4) For inmates who committed their crime(s) after
June 12, 1997, if the sentencing order states that the inmate is not entitled to any
form of early release, the Board has no authority to grant an early release date due
to a medical condition. If a sentencing order states that the inmate is eligible for
early release, the Board may grant an early release due to a medical condition as
provided in this rule.
Notes
Stat. Auth.: ORS 144.122, ORS 144.126 & ORS 161.610
Stats. Implemented: ORS 144.122 & ORS 144.126
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