Or. Admin. Code § 255-032-0025 - Manner of Review Hearing
(1)
The proceedings shall be governed by the procedures for records, disclosure,
and notice outlined in divisions 15 and 30.
(2) At the hearing, the inmate has:
(a) The burden of proving by a preponderance
of the evidence the likelihood of rehabilitation within a reasonable period of
time; and
(b) If the inmate is
without sufficient funds to be represented by an attorney at the hearing, the
Board shall appoint legal counsel. The Board will make payment to the attorney
according to rules posted on the Board website: http://www.oregon.gov/boppps/
[File Link Not Available].
(c) The
right to a subpoena issued by the Board upon a showing of the general relevance
and reasonable scope of the evidence sought, and pursuant to Board
rules.
(3) The initial
testimony of each witness shall not exceed ten minutes. The presiding Board
member may grant the witness additional time upon a finding that further
testimony is likely to be relevant to the board's decision. The presiding Board
member may exclude or limit irrelevant, immaterial or unduly repetitious
testimony and evidence.
(4)
Pursuant to ORS 144.120, the crime victims have the right to appear at the
hearing, or to submit a written statement concerning the crime and the person
responsible. For the purposes of these rules, victim means 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 and, in the case of a victim who is a minor, the legal guardian of the
minor. The victim may be represented by counsel or a designee of the victim's
choice. If a victim chooses to speak, his/her statement should be concluded
within 15 minutes. The Board may allow the victim to exceed that period when
additional time is needed.
(5)
Pursuant to ORS 144.120, the district attorney from the committing jurisdiction
has the right to appear at the hearing, or to submit a written statement
concerning the crime and the inmate. The district attorney may be represented
by a designee if he/she wishes. The district attorney's statement should be
concluded within 15 minutes. The Board may allow the statement to exceed that
period when additional time is needed.
(6) If upon hearing all the evidence, the
full Board, upon a unanimous vote of all members, or by such other vote as is
specified in statute, finds that the inmate is capable of rehabilitation and
that the terms of the inmate's confinement should be changed to life
imprisonment with the possibility of parole or work release, it shall convert
the terms of the inmate's confinement to life imprisonment with the possibility
of parole or work release and may set a parole release date. Otherwise, the
Board shall deny the relief sought in the petition. The Board's final order
granting or denying relief shall be accompanied by findings of fact and
conclusions of law. The findings of fact shall consist of a concise statement
of the underlying facts supporting the findings as to each contested issue of
fact and as to each ultimate fact required to support the Board's
order.
(7) When an inmate has a
consecutive sentence for a crime other than Aggravated Murder or Murder as
described in OAR 255-032-0005, the Board shall determine the prison term for
the consecutive sentences(s) pursuant to ORS 144.120. The prison term for the
consecutive sentence(s) will not begin to run until and unless the Board orders
a release date on the Aggravated Murder sentence established pursuant to ORS
163.105, or the Murder sentence established pursuant to ORS 163.115.
Notes
Statutory/Other Authority: ORS 163.105, 163.115 & ORS 144.120
Statutes/Other Implemented: ORS 144.120
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