Or. Admin. Code § 255-033-0050 - Final Determinations
(1)
The Board will make a final determination by reviewing the documents relied
upon for the hearing, any relevant testimony at the hearing, and all timely
submitted relevant materials.
(2)
The Chairperson of the Board, or designee, shall make assignments of Board
Members to the panels. The Chairperson of the Board may participate on any
panel. Each panel shall have the authority to hear and determine all questions
before it. The vote of a majority of the panel is required to make a finding
that the person has demonstrated maturity and rehabilitation. If the panel
fails to arrive at a majority decision, another Board Member shall vote on the
matter administratively.
(3) If the
Board finds that, based on the consideration of the age and immaturity of the
person at the time of the offense and the person's behavior thereafter, the
person has demonstrated maturity and rehabilitation, the Board shall release
the person as follows:
(a) For a person
sentenced under ORS 163.105, 163.115 or 163.155, the Board shall set a release
date that is not more than 60 days from the date of the hearing and,
notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be
released on parole in accordance with ORS 144.125, 144.260 and
144.270.
(b) A person sentenced to
a term of imprisonment under a provision of law other than ORS 163.105, 163.115
or 163.155 shall be released on post-prison supervision in accordance with ORS
144.096 and 144.098 within 60 days of the date of the
hearing.
(4) If the Board
determines that the person has not demonstrated maturity and rehabilitation
under OAR 255-033-0030, the Board may deny release and postpone a subsequent
hearing to a date that is at least two years but no more than 10 years from the
date of the hearing.
(5) The Board
shall consider the factors listed in Division 62 when setting a subsequent
hearing date.
Notes
Statutory/Other Authority: ORS 144.096, 144.098, 144.125, 144.260, 144.270 & 144.397
Statutes/Other Implemented: 144.397
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