Or. Admin. R. 255-035-0023 - Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences

(1) The board shall not release a inmate on parole until the inmate has served a judicially imposed minimum prison term, except upon the affirmative majority vote of members who have found that:

(a) The minimum term is not an appropriate penalty for the criminal offense; and

(b) The minimum term is not necessary to protect the public.

(2) If at least a majority of the board members have made the findings listed in section (1) of this rule, the board shall establish a prison term using the guidelines range and the standard variations allowed, unless there are remaining judicial minimums above the guidelines range in length, which the board has upheld.

(3) When the court has ordered consecutive minimum sentences and the board finds that the combined minimums are not appropriate penalties for the criminal offenses involved and are not necessary to protect community security, the board, by a majority of concurring votes, may override one or more of the judicially imposed minimums and set a prison term which is less than the sum of the minimum terms.

(4) The Board shall set a parole release date in accordance with OAR 255-035-0013 or 255-035-0014, and shall state the facts and reasons for its actions.

(5) Notwithstanding subsection (3) of this rule, when the board overrides an ORS 163.115 murder minimum, the vote must be unanimous.

(6) The board shall not override ORS 161.610 gun minimums except as provided by ORS 144.122, ORS 144.126 and OAR 255-040-0028.

(7) The board shall not override ORS 163.105 aggravated murder minimums.

Notes

Or. Admin. R. 255-035-0023

2PB 9-1985, f. & ef. 5-31-85; PAR 6-1987(Temp), f. & ef. 7-7-87; PAR 8-1987, f. 12-11-87, ef. 12-14-87; PAR 6-1988, f. & cert. ef. 5-19-88; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 9-2000, f. & cert. ef. 11-15-00

Stat. Auth.: ORS 144.035(4), ORS 144.110, ORS 144.245 & ORS 144.783

Stats. Implemented: ORS 144.035(4), ORS 144.110, ORS 144.245, ORS 144.783, ORS 161.610, ORS 163.105 & ORS 163.115