Or. Admin. R. 255-035-0022 - Consecutive Sentences: Referring a Case to the Full Board; Going Below the Range; Additional Consecutive Sentences

(1) When a panel recommends that a range be less than the sum of the terms under OAR 255-035-0021, the panel shall refer the case to a majority of the Board.

(2) The duration of imprisonment for consecutive sentences may be less than the sum of the terms under OAR 255-035-0021, if the Board finds by a majority vote that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security.

(3) When additional sentences are imposed for crimes which took place during the period under consideration at a prior prison term hearing and the additional sentences are consecutive to the sentences already considered, the Board shall:

(a) Conduct a de novo prison term hearing pursuant to the provisions of Division 30 for all the crimes. The Board shall compute the unified range for the additional sentences and the sentences which were already considered under the provisions of OAR 255-035-0021;

(b) Conduct a hearing to consider only the additional consecutive sentences using base ranges for the additional sentences. The commencement date for the new prison term under this subsection shall be the parole release date set at the previous prison term hearing; or

(c) Conduct a hearing to consider whether to unsum the additional consecutive ranges.

(4) The provisions of section (3) of this rule apply only to crimes which occurred on or after July 11, 1987, unless one of the crimes involved is listed in OAR 255-035-0021(4).

(5) If one of the crimes involved is listed in OAR 255-035-0021(4) and the sentence is consecutive, the Board shall conduct a de novo hearing under subsection (3)(a) of this rule.

(6) If a new sentence is consecutive to sentences already considered, and is the most serious offense with the highest crime severity rating and/or longest sentence, the Board shall conduct a de novo hearing under subsection (3)(a) of this rule.

(7) When additional sentences are imposed for crimes which took place after the period considered at a prior prison term hearing and the additional sentences are consecutive to the sentences already considered, the Board shall establish the matrix range for the additional sentences as if they were new sentences. If the inmate has not yet been released on parole, the commencement date for the new prison term shall be the parole release date established at the previous prison term hearing.

Notes

Or. Admin. R. 255-035-0022

2PB 15-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 9-1985, f. & ef. 5-31-85; PAR 4-1987(Temp), f. 6-5-87, ef. 6-8-87; PAR 5-1987(Temp), f. & ef. 6-18-87; PAR 7-1987(Temp), f. & ef. 7-21-87; PAR 9-1987, f. & ef. 12-16-87; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91

Stat. Auth.: ORS 144.079 & ORS 144.783

Stats. Implemented: ORS 144.079 & ORS 144.783