Or. Admin. Code § 255-033-0030 - Hearing Considerations

(1) The hearing shall provide the person a meaningful opportunity to be released on parole or post-prison supervision.

(2) The Board may require the person, before holding a hearing described in this Division, to be examined by a psychiatrist or psychologist with expertise in adolescent development. Within 60 days of the evaluation, the examining psychiatrist or psychologist shall file a written report of the findings and conclusions of the examination with the Board. A certified copy of the report shall be included in a Board Review Packet. This packet need not include all documents in the person in custody's file but shall contain information relevant to the purpose of the hearing and shall be provided to the person and the person's attorney.

(3) During a hearing under this section, the Board shall consider and give substantial weight to the fact that a person under 18 years of age is incapable of the same reasoning and impulse control as an adult and the diminished culpability of minors as compared to that of adults. The Board shall also consider the following circumstances, if relevant to the specific person and offense:

(a) the age and immaturity of the person at the time of the offense;

(b) whether and to what extent an adult was involved in the offense;

(c) the person's family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the juvenile dependency system;

(d) the person's subsequent emotional growth and increased maturity during the person's imprisonment;

(e) the person's participation in rehabilitative and educational programs while in custody if such programs have been made available to the person and use of self-study for self-improvement;

(f) a mental health diagnosis; and

(g) any other mitigating factors or circumstances presented by the person.

(4) Under no circumstances may the Board consider the age of the person as an aggravating factor.

(5) The board, when making a determination under ORS 144.397(7) as to whether the person, based on the consideration of the age and immaturity of the person at the time of the offense, and the person's behavior thereafter, has demonstrated maturity and rehabilitation, may consider, among other things:

(a) the person's involvement in correctional treatment, medical care, educational, vocational, or other training in the institution which will substantially enhance the person's capacity to lead a law-abiding life when released;

(b) the person's institutional employment history;

(c) the person's institutional disciplinary conduct;

(d) the adequacy of the person's release plan including community support from family, friends, treatment providers, and others in the community; type of residence, neighborhood, or community in which the person plans to live;

(e) the person's ability to demonstrate remorse and understanding of the impact the person's crime had on the victims and the community;

(f) the person's attitude and evidence of behavioral change;

(g) the extent the person takes personal responsibility for their actions;

(h) any psychiatrist or psychologist's assessment of the person's current risk of re-offending, risk of harm, and suitability for community supervision;

(i) the person understands long-term consequences;

(j) the person can delay impulses and identify alternative actions;

(k) the degree of premeditation or deviancy involved in the commission of the crime and the ability to understand, address, and mitigate those underlying risk factors;

(l) the person, if paroled, would not be a threat to the safety of the victim, the victim's family, or the community and would comply with release conditions; and

(m) any other relevant factors.

Notes

Or. Admin. Code § 255-033-0030

PAR 1-2022, adopt filed 01/24/2022, effective 1/24/2022

Statutory/Other Authority: ORS 144.397

Statutes/Other Implemented: ORS 144.397