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Oregon Bulletin

January 1, 2012

 

Board of Parole and Post-Prison Supervision
Chapter 255

Rule Caption: Amend rule to comply with ORS 163.105(4) and ORS 144.285.

Adm. Order No.: PAR 6-2011

Filed with Sec. of State: 11-30-2011

Certified to be Effective: 11-30-11

Notice Publication Date: 11-1-2011

Rules Amended: 255-032-0035

Subject: 2009 OL Ch. 660 amended ORS 163.105(4) specifying the interval of time that must pass before an inmate convicted of aggravated murder is allowed to petition for a change in the terms of confinement. These administrative rules bring the Board’s rules into compliance with the statute(s), stating that the Board may not grant a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied. The amendments provide the procedures for implementing the statutory changes.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-032-0035

Effect of Denying Relief Request

If the Board finds that the inmate is not capable of rehabilitation, the Board shall deny the relief sought in the inmate petition. The Board may not grant a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied.

(1) The Board may not grant a hearing that is more than two years from the date a petition is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted a change in the terms of confinement before the date of the subsequent hearing.

(2) A decision to grant a hearing that is more than two years from the date a petition is denied requires a unanimous vote of the Board members participating in the hearing; the length of the deferral shall be determined by a majority vote.

(3) Factors to be considered in establishing a deferral period of longer than two years include those listed in OAR 255-062-0016.

(4) The inmate may request an interim exit interview hearing pursuant to OAR 255-062-0021.

(5) 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 hearing may be granted by a majority of the Board.

(6) 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 ORS144.285(3) (2009). A finding by the Board under (e) above does not bind the Board to any specific finding at the interim murder review hearing.

Stat. Auth.: ORS 163.105, 144.285

Stats. Implemented: ORS 144, 163.105

Hist.: 2PB 8-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 4-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2011, f. & cert. ef. 11-30-11

 

Rule Caption: Prison Term Hearings for Inmates Found Likely to be Rehabilitated.

Adm. Order No.: PAR 7-2011

Filed with Sec. of State: 11-30-2011

Certified to be Effective: 11-30-11

Notice Publication Date: 11-1-2011

Rules Adopted: 255-032-0037

Subject: The Oregon Supreme Court (Janowski/Fleming v. Board of Parole, 349 Or 432 (2010); Sevey/Wilson v. Board of Parole, 349 Or 461 (2010)) has found that for each inmate who has been convicted of aggravated murder and subsequently been found likely to be rehabilitated within a reasonable period of time under ORS 163.105, the Board must hold a hearing, using the procedures it deems appropriate, to set the inmate’s parole release date according to the matrix in effect when he committed his crime. This rule establishes the procedure and rules to be applied under the court ruling.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-032-0037

Prison Term Hearings for Inmates Found Likely to be Rehabilitated

(1) The Board shall hold a prison term hearing for an adult inmate convicted of murder as defined in ORS 163.115 or Aggravated Murder as defined in ORS 163.095 committed on or before October 22, 1999, whose sentence has been converted to life with the possibility of parole based on the Board’s determination that the inmate is likely to be rehabilitated within a reasonable period of time.

(2) The Board will conduct the hearing under the provisions of Division 030 of the Board’s rules in place at the time the hearing is conducted, and will establish the prison term or take other action authorized under the law and administrative rules in place at the time the inmate committed the crime.

Stat. Auth.: ORS 144.120; Other Auth.: OAR 255-030-0012(1982), 255-032-0005(1)(1985), 255-032-0005(1)(1982)(1985), Janowski/Flemimg v. Board of Parole, 349 OR 432(2010), Severy/Wilson v. Board of Parole, 349 OR 461(2010)

Stats. Implemented: ORS 144.120,

Hist.: PAR 7-2011, f. & cert. ef. 11-30-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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