Or. Admin. Code § 255-005-0005 - Definitions
(1) "Abscond": Unauthorized absence from
parole or post-prison supervision.
(2) "Active Supervision" or "Active Community
Supervision": Supervision requiring a supervising officer's regular contact and
monitoring to assure continued compliance with the general and special
conditions of parole or post-prison supervision. "Active Supervision" shall not
include:
(a) a period of confinement in a
local, state, or federal correctional facility;
(b) a period of time between the suspension
of parole or post-prison supervision and the date parole or post-prison
supervision is continued;
(c)
inactive parole or inactive post-prison supervision;
(d) involuntary commitment to a state or
federal psychiatric facility; or
(e) a period of leave on Short Term
Transitional Leave or other leave from a facility.
(3) "Activities of Daily Living (ADL)": The
tasks of everyday life. ADL include but are not limited to eating, dressing,
getting into or out of a bed or chair, engaging in personal hygiene including
taking a bath or shower, using the toilet, and moving from place to place
without the assistance of another person.
(4) "ADL": Activities of Daily
Living.
(5) "Administrative
Sanction": Local, structured, or intermediate sanctions as those terms used in
OAR 291-058 and may include periods of local confinement in jails, restitution
centers, treatment facilities, or similar facilities.
(6) "Adult in Custody": Any person aged 18 or
older, incarcerated or detained in a correctional facility who is accused of,
convicted of, or sentenced for a violation of criminal law or for the violation
of the terms and conditions of pretrial release, probation, parole, post-prison
supervision or a diversion program. (Historically referred to as "inmate" or
"prisoner").
(7) "Aggravation": The
factors or elements surrounding the crime that appear to increase the
seriousness of the criminal episode or reflect on the character of the offender
pursuant to Exhibit E-1 and E-3.
(8) "AIC": Adult in custody.
(9) "Board Action Form": A Board order after
a decision.
(10) "Base Range": The
range for each crime category reflected in Exhibit C under the "excellent"
column.
(11) "Board": Board of
Parole and Post-Prison Supervision.
(12) "Board Review Packet": The information
the Board shall consider at the adult in custody's hearing. Each of the
Administrative Rule Divisions that establish a hearing shall list the contents
of the packet.
(13) "Care
Facility": A facility that provides rehabilitative, restorative, and ongoing
skilled nursing care to patients or residents in need of assistance with the
activities of daily living.
(14)
"Compensatory Fines": A court-imposed penalty for the commission of a crime
resulting in injury for which the person injured has a remedy by civil action
(unless the issue of punitive damages has been previously decided on a civil
case arising out of the same act and transaction). The court may award
compensatory fines in addition to restitution.
(15) "Correctional Facility": Any place used
for the confinement of persons charged with or convicted of a crime or
otherwise confined under a court order. Correctional Facility includes a
juvenile facility, if the juvenile is confined for a felony charge or
conviction and applies to a state hospital only as to persons detained therein
after acquittal of a crime by reason of mental disease or defect or after a
finding of guilty except for insanity.
(16) "Crime Severity Rating": A
classification for crimes committed prior to November 1, 1989, from a low of
one (1) to a high of seven (7) assigned to each crime, based on the seriousness
of the crime pursuant to Exhibits A-1, A-2, and A-3.
(17) "Crime Spree": A set of criminal
activities congruent in time or actually overlapping that are so joined by
place and circumstances as to be the product of a continuous disposition or
intent.
(18) "Date of Return": The
date another in-state or out-of-state jurisdiction physically returns the adult
in custody to the Department of Corrections' custody following a
hold.
(19) "De Novo Hearing": A new
initial prison term hearing, required when a court orders additional
consecutive sentences for crimes that occurred prior to the first prison term
hearing.
(20) "DOC Treating
Provider": is defined by Oregon Administrative Rule 291-124.
(21) "Elderly": People who are 55 or
older.
(22) "EMR": Early Medical
Release.
(23) "Escape":
(a) The unlawful or unauthorized departure
from custody, a correctional facility, or any form of temporary release or
transitional leave;
(b) The
unauthorized departure or absence from this state or failure to return to this
state by a person who is under the jurisdiction of the Psychiatric Security
Review Board;
(c) Does not include
failure to comply with provisions of a conditional or security release as in
ORS 135.245.
(24) "Future Disposition Hearing": A hearing
the Board may set at its discretion for purposes of deciding whether to deny or
grant re-release for a violation of parole or post-prison
supervision.
(25) "Gang Member": A
person who associates with a group that identifies itself through the use of a
name, unique appearance, language (including hand signs), the claiming of
geographical territory, or the espousing of a distinctive belief system and one
of the purposes of the group is criminal activity.
(26) "Gang-Related Activity": Crime committed
by a gang member:
(a) With other known gang
members;
(b) Against other known
gang members; or
(c) Against a
person who is not a gang member; in order to further the purposes of the gang
or impress other gang members.
(27) "History/Risk Score": A rating from a
high of eleven (11) to a low of zero (0) points, reflecting the prisoner's
prior record and other factors that predict the likelihood of success on parole
pursuant to Exhibit B, Part 1 and Part 2.
(28) "Hospice": A program that gives special
care to people who are near the end of life and have stopped treatment to cure
or control their disease. This care provides a full range of services, pursuant
to a plan of care developed for each patient by the patient's physician and an
interdisciplinary group.
(29)
"Inactive Parole" and "Inactive Post-Prison Supervision": The offender remains
under supervision, however:
(a) There is no
direct supervision by a supervising officer and no requirement of regular
reporting;
(b) There are no
supervision fees;
(c) The offender
remains subject to arrest by a supervising officer for violation of conditions
of supervision and return to active supervision at any time until expiration of
the sentence or post-prison supervision term as outlined in Division 94;
and
(d) Subsections (b) and (c) do
not apply to those offenders being supervised in another state via Interstate
Compact. Those offenders remain on active parole or post-prison
supervision.
(30) "In
Camera Hearing": The inspection of a document by the Hearings Officer in
private before the document may be introduced as evidence.
(31) "Incapacitated": A condition in which a
person's ability to receive and evaluate information effectively or to
communicate decisions is impaired to such an extent that the person presently
lacks the capacity to meet the essential requirements for the person's physical
health or safety.
(32) "Initial
Parole Release Date": The date assigned to an AIC for parole release based on
the AIC's matrix range, aggravation, mitigation, and judicially imposed minimum
sentences.
(33) "Inmate":
Historical term referring to a person under the supervision of the Department
of Corrections or a local supervisory authority who is not on parole,
post-prison supervision or probation status (also referred to as prisoner).
Current term is "Adult in Custody".
(34) "Inoperative Time": Time spent on
abscond, escape, or unauthorized departure from custody, leave, parole or
post-prison supervision, which does not count toward service of the
sentence.
(35) "Intensive
Supervision": Enhanced level of supervision exceeding a county's high risk
level supervision standards. Intensive supervision may include, but is not
limited to, electronic monitoring, house arrest, curfew, day reporting,
supervised housing, multiple supervising officers, adjunct surveillance by law
enforcement or other specialists, increased face-to-face offender contacts in
the community, increased collateral contacts (such as with family, therapist,
and employer), community notification, geographic restrictions, offender
mileage logs, medication monitoring, intensive outpatient or residential
treatment programming, urinalysis, and polygraph.
(36) "Intermediate Care Facility": A facility
that provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment that a hospital
or skilled nursing facility is designed to provide, but who because of their
mental or physical condition, require care and services above the level of room
and board that can be made available to them only through institutional
facilities.
(37) "Justice Involved
Individual (JII)": Person formerly convicted or incarcerated for a crime.
Historically referred to as "offender".
(38) "Less Than the Sum of the Terms": An
action by the Board whereby one or more of the consecutive ranges are treated
as if they are concurrent.
(39)
"Licensed Health Care Professional": Individuals with current and appropriate
licensure, certification, or accreditation in a medical, mental health, or
dental profession who provide health services, assessments, and screenings for
clients within their scope of practice, licensure, or certification.
(40) "Mail Date" or "Mailed on Date": The
date from which the Board calculates the timelines of receipt of Administrative
Review Requests and other time-sensitive responses. The date is computer
generated and scheduled to ensure actual mailing occurred on or before the
listed date.
(41) "Matrix Ranges":
Ranges of months within which the Board has the discretion to set a prison
term. The ranges are based on crime severity ratings and history/risk
scores.
(42) "The Matrix": A table
that displays the matrix ranges by showing the intersection of the crime
severity rating and the history/risk score pursuant to "Exhibit C - Time to be
Served".
(43) "Medical
Professional": A person authorized by the state of Oregon to administer health
care.
(44) "Mitigation": The
factors or elements surrounding the crime that appear to decrease the
seriousness of the criminal episode or reflect on the character of the prisoner
pursuant to Exhibit E-2 and E-3.
(45) "Offender": Any person under the
supervision of the Department of Corrections or a local supervisory authority
who is not presently in the custody of a correctional facility, including
persons on probation, parole, or post-prison supervision. Also known as "person
under supervision".
(46) "Parole":
A Board-authorized conditional release from a state correctional facility into
the community or to a detainer. Applies to offenders whose crimes were
committed before November 1, 1989, offenders who were convicted of murder or
aggravated murder and whose sentences allow for parole, and offenders sentenced
by the court as Dangerous Offenders or Sexually Violent Dangerous
Offenders.
(47) "Particularly
Violent or Otherwise Dangerous Criminal Conduct": Conduct that is not merely
unpleasant or offensive, but that is indifferent to the value of human safety
or property.
(48) "Parole Board
Record": The file the Board maintains for each adult in custody or offender
containing the information listed in ORS
144.185.
(49) "Period Under Review": Under Division
40, the time already served on the prison term, normally the 3- or 5-year
period prior to the personal review hearing.
(50) "Person in Custody (PIC)": Any person
under the supervision of the Department of Corrections or a local supervisory
authority who is not on parole, post-prison supervision or probation status,
also known as adult in custody (AIC) or juvenile in custody (historically
referred to as "inmate" or "prisoner").
(51) "Person under supervision": Any person
under the supervision of the Department of Corrections or a local supervisory
authority who is not presently in the custody of a correctional facility,
including persons on probation, parole, or post-prison supervision. Previously
known as "offender".
(52)
"Post-Prison Supervision": A term of conditional release, as set by statute or
the court under the supervision of the Department of Corrections (DOC) or a
correctional agency designated by DOC or a local supervisory authority. Applies
to crimes committed on or after November 1, 1989.
(53) "Principal Range": The range of months
for the crime holding the highest crime severity rating. When the ranges are
the same, the Board shall designate one range as the principal range.
(54) "Preponderance": Evidence that is of
greater weight or more convincing than the evidence offered in opposition to
it.
(55) "Probable Cause": A
substantial objective basis for believing that more likely than not an offense
or violation has been committed and the person to be arrested has committed
it.
(56) "Prison Term": The Board
established time the adult in custody must serve before the initial parole
release date, in accordance with applicable laws and the Board's administrative
rules.
(57) "Prison Term Hearing":
The hearing at which the Board establishes an adult in custody's prison term
and initial parole release date.
(58) "Reasonable Cause": The quantum of
information that would cause a reasonably prudent person to believe that a
condition or circumstance exists.
(59) "Revocation": An action by a Sanction
Authority to terminate an offender's parole or post-prison supervision.
Sanction Authority may resume an offender's parole or post-prison supervision
following the act of revocation.
(60) "Revocation Hearing": A hearing to
determine whether a violation of conditions of parole or post-prison
supervision occurred and whether the Hearings Officer should recommend that the
parolee or offender return to custody or continue on parole or post-prison
supervision with additional conditions. (Sometimes called a "Morrissey
Hearing")
(61) "Sanction
Authority": For felony offenders sentenced by the court for crimes occurring
before November 1, 1989, or sentenced to more than 12 months in the custody of
the Department of Corrections or sentenced to 12 months or less and have
additional sentences of greater than 12 months, the Board; and the Local
Supervisory Authority for felony offenders sentenced by the court to 12 months
or less, the Local Supervisory Authority.
(62) "Sexually Violent Dangerous Offender":
An adult in custody or offender who has psychopathic personality features,
sexually deviant arousal patterns or interests and a history of sexual assault,
and who the Board or Local Supervisory Authority finds presents a substantial
probability of committing an offense listed in OAR
255-060-0008(6).
"History of sexual assault" means that an adult in custody or person under
supervision has engaged in unlawful sexual conduct that is not related to the
crime for which the adult in custody or offender is currently on parole or
post-prison supervision and that seriously endangered the life or safety of
another person or involved a victim less than 12 years of age.
(63) "Serious Physical Injury": Any physical
injury that creates a substantial risk of death, or that causes serious and
protracted disfigurement, or impairment of health or protracted loss or
impairment of the function of any bodily organ.
(64) "Severe medical condition": an illness,
injury, impairment, or physical condition that would require care in a hospice
or residential medical facility setting, including similar care in a home
healthcare setting.
(65)
"Stranger": A person who is either unknown to a victim or with whom the victim
has a superficial acquaintance or acquaintance of short duration or infrequent
contact.
(66) "Subcategory": The
criteria for rating criminal conduct within the crime categories based on the
seriousness of the offense (Exhibit A).
(67) "Subordinate Range": Any range less than
or equal to the principal range.
(68) "Subpoena Duces Tecum": A subpoena
requiring the party to appear at a hearing with a document or piece of evidence
to be examined at the hearing.
(69)
"Summing the Ranges": Adding ranges of consecutive sentences to produce a
unified range pursuant to OAR
255-035-0021"Consecutive
Sentences: Creating a Unified Matrix Range".
(70) "Supervising Officer": Parole and
post-prison supervision officer or their designee.
(71) "Supervisory Authority": The state or
local corrections agency or official designated in each county by that county's
Board of County Commissioners or County Court to operate correction supervision
services, custodial facilities, or both (per ORS
144.087).
(72) "Terminal illness or injury": A
progressively deteriorating condition that is life threatening and determined
to be incurable with current available technology. Death is anticipated from
this illness or injury or a complication thereof within the foreseeable future,
regardless of the administration of life-sustaining treatment.
(73) "Unable to move from place to place":
Unable to independently move from place to place, even with the use of a
mobility device.
(74) "Unauthorized
Absence": Time spent outside a state correctional facility without the
authorization of the Department of Corrections or Local Supervisory
Authority.
(75) "Unified Range":
The total range computed under OAR
255-035-0021 for consecutive
sentences.
(76) "Unsum the Ranges":
Will establish a matrix range at less than the unified range. The effect of
"unsumming" is to treat one or more ranges as concurrent.
(77) "Variations": The time periods that the
Board may use to set a prison term above or below the matrix range pursuant to
Exhibit D.
(78) "Victim":
(a) Any person determined by the prosecuting
attorney, the court, or the Board to have suffered direct financial,
psychological, or physical harm as a result of a crime that is the subject of a
proceeding conducted by the State Board of Parole and Post-Prison
Supervision.
(b) Any person
determined by the Board to have suffered direct financial, social,
psychological, or physical harm as a result of some other crime connected to
the crime that is the subject of a proceeding conducted by the State Board of
Parole and Post-Prison Supervision. The term "some other crime connected to the
crime that is the subject of the proceeding" includes: other crimes connected
through plea negotiations or admitted at trial to prove an element of the
offense. The Board may request information from the District Attorney of the
committing jurisdiction to provide substantiation for such a
determination.
(c) Any person
determined by the Board to have suffered direct financial, social,
psychological, or physical harm as a result of some other crime connected to
the sentence for which the offender seeks release that is the subject of a
proceeding conducted by the State Board of Parole and Post-Prison Supervision.
The term "connected to the sentence for which the offender seeks release"
includes other crimes that were used as a basis for: a departure sentence, a
merged conviction, a concurrent or a consecutive sentence, an upper end grid
block sentence, a dangerous offender sentence, or a sentence following
conviction for murder or aggravated murder. The Board may request information
from the District Attorney of the committing jurisdiction to provide
substantiation for such a determination.
Notes
Exhibits referenced are available from the Board.
Statutory/Other Authority: ORS 144.050 & 144.140
Statutes/Other Implemented: ORS 144.050 & 144.140
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