Or. Admin. R. 255-035-0025 - Setting a Parole Release Date: When Matrix Range Exceeds Good Time Date

(1) When the board chooses to set a parole release date on a sentence with a statutory good time date which calls for an earlier release than the guideline range indicates (due to a short sentence), the minimum initial prison term shall be 6 months and the maximum shall be as follows:

(a) Six months from the statutory good time date on a sentence of at least one year and less than three years;

(b) Nine months from the statutory good time date on a sentence of three years and less than six years;

(c) Twelve months from the statutory good time date on a sentence of six or more years.

(2) On short sentences which call for an earlier release date than the guideline range indicates, the following shall apply:

(a) Use the correct crime category for the principal crime and apply the closest range within which the statutory good time date minus the times found in section (1)(a), (b) or (c) falls and which provides a fully applicable range.

(b) For subsequent consecutive sentences use the base range unless the principal crime is one of those listed in OAR 255-035-0021(4). (Examples not included. See Ed. Note.)

(3) On sentences which are too short to fit within the matrix range for the correct crime category, the board shall set the maximum prison term at two days prior to the good time date.

(4) When a inmate earns good time which causes the good time date to fall earlier than the current parole release date, the board shall reset the parole release date to two days prior to the good time date to ensure that all inmates serve a period of parole supervision in accordance with the intent of ORS 144.245.

Notes

Or. Admin. R. 255-035-0025

2PB 1-1979, f. & ef. 2-1-79; 2PB 1-1980(Temp), f. 4-7-80, ef. 5-1-80; 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 6-1988, f. & cert. ef. 5-19-88; PAR 8-1988, f. & cert. ef. 7-1-88; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 6-1990(Temp), f. & cert. ef. 10-15-90; PAR 1-1991, f. & cert. ef. 1-16-91; PAR 6-1991, f. & cert. ef. 10-15-91; PAR 9-2000, f. & cert. ef. 11-15-00

Stat. Auth.: ORS 144.780 - ORS 144.787

Stats. Implemented: ORS 144.245 & ORS 144.780 - ORS 144.787