This rule applies to all persons in custody, except for any person
in custody convicted of murder committed on or between November 1, 1989, and June
29, 1995, who was not designated a dangerous offender at sentencing, and except to
the extent that it is made inapplicable by rules in effect when the person in
custody committed the crimes of conviction.
(1) After review of psychiatric and psychological
reports, and all other information or documents presented during a hearing, the
Board may defer parole release until a specified future date upon finding: The
person in custody has a present severe emotional disturbance, such as to constitute
a danger to the health or safety of the community.
(2) The Board shall not deny release on parole
solely because of a person in custody's present severe emotional disturbance. The
Board must also find the condition constitutes a danger to the health or safety of
the community.
(3) The Board may defer a
scheduled parole release date for no fewer than two years and no longer than ten
years. A deferral of longer than two years must comply with OAR 255 division 62 of
these rules.
(4) If the Board finds the
person in custody does not have a present severe emotional disturbance such as to
constitute a danger to the health or safety of the community, the Board shall affirm
the parole release date and set parole conditions.
(5) If the Board finds the person in custody has a
present severe emotional disturbance, but that the disturbance is not so severe as
to constitute a danger to the health or safety of the community, the Board may
affirm the parole release date and set parole conditions.
(6) For purposes of the Board finding that an
offender is a sexually violent dangerous offender pursuant to OAR
255-060-0018, the
Board may order a psychological or psychiatric evaluation.
Notes
Or. Admin. R.
255-060-0012
PAR 2-1990, f. & cert. ef.
4-5-90; PAR 6-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 5-1998, f. & cert. ef.
11-9-98; PAR 4-2000, f. & cert. ef. 2-15-00; PAR 1-2014(Temp), f. & cert.
ef. 1-17-14 thru 7-16-14; PAR 5-2014, f. & cert. ef 5-15-14;
PAR
3-2019, amend filed 09/09/2019, effective
9/9/2019
Statutory/Other Authority: ORS
144.125,
144.223,
144.280,
144.635 & 144.637
Statutes/Other Implemented: ORS
144.125 & 144.223