Or. Admin. R. 255-062-0011 - Type of Hearing Eligible for a Deferral of More than Two Years
OAR 255-062-0006 applies to the following hearings:
(1) Murder Review Hearing: If the State Board of
Parole and Post-Prison Supervision denies a petition for a change in the terms of
confinement filed by an inmate under ORS
163.105 or
163.115, the Board may not grant the
inmate a subsequent hearing that is less than two years, or more than 10 years, from
the date the petition is denied.
(2)
Exit Interview Hearing: Crime Commitment Date prior to 11/01/1989 - but on or after
10/4/1977: If the State Board of Parole and Post-Prison Supervision concludes,
applying ORS 144.125(3), that an
inmate suffers from a present severe emotional disturbance such as to constitute a
danger to the health or safety of the community, the Board may not defer the
projected parole release date for less than two years, or more than 10 years, from
the date of the hearing, unless the inmate would be held beyond the maximum
sentence.
(3) Exit Interview Hearing:
Crime Commitment Date on or between 1/29/1977 and 10/3/1977: If the State Board of
Parole and Post-Prison Supervision finds, based on the doctor's report and
diagnosis, coupled with all the information that the Board is considering, and
applying OAR 254-050-0015 (1977), ORS
144.180, and pursuant to
144.175(1), (2),
that deferral of the inmate's projected parole release date is necessary, the Board
may not defer the projected parole release date for less than two years, or more
than 10 years, from the date of the hearing, unless the inmate would be held beyond
the maximum sentence.
(4) Exit
Interview Hearing for inmates who were convicted of aggravated murder committed on
any date, and who have been found by the Board to be likely to be rehabilitated
within a reasonable period of time, or who were convicted of murder committed on or
after June 30, 1995: If the State Board of Parole and Post-Prison Supervision
concludes, applying ORS 144.125(3), that an
inmate suffers from a present severe emotional disturbance such as to constitute a
danger to the health or safety of the community, the Board may not defer the
projected parole release date for less than two years, or more than 10 years from
the date of the hearing.
(5) Parole
Consideration Hearing: If the State Board of Parole and Post-Prison Supervision
finds, pursuant to ORS 144.228, that an inmate who was
sentenced as a dangerous offender under
161.725 remains a danger, and that
the inmate cannot be adequately controlled with supervision and mental health
treatment which are available in the community, the Board will conduct the next
review hearing no less than two years, or more than 10 years, from the current
parole consideration date.
(6) Parole
Hearing: Crime Commitment Date before 1/29/1977: If the State Board of Parole and
Post-Prison Supervision finds that there is not a reasonable probability that an
inmate will, after parole, remain outside the institution without violating the law,
and that the inmate's parole release is not compatible with the welfare of society,
the Board may not grant the inmate a subsequent hearing that is less than two years,
or more than 10 years, from the date parole is denied, unless the deferral period
would exceed the maximum sentence imposed by the court.
Notes
Stat. Auth.: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660
Stats. Implemented: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660
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