Or. Admin. Code § 255-035-0021 - Consecutive Sentences: Creating a Unified Matrix Range
(1) Notwithstanding section (4) of this rule,
the Board shall establish the principal range for the most serious of the
felonies committed during the time period under consideration. If two or more
felonies are determined to be equally the most serious, the Board shall
establish a principal range for only one of those felonies.
(2) The Board shall then establish a range
for each of the remaining felonies committed during the same period using the
appropriate base range for the crime pursuant to OAR 255-005-0005,
Exhibit C.
(3) The
unified range for crimes committed during the same period shall be determined
by summing the range established under section (1) of this rule with the ranges
established under section (2) of this rule.
(4) The method established by sections (1) to
(3) of this rule for determining the unified range shall not apply if any of
the crimes involved is:
(a) Murder, as
defined in ORS 163.115 or any aggravated form thereof;
(b) Assault in the first degree, as defined
in ORS 163.185;
(c) Kidnapping in
the first degree, as defined in ORS 163.235;
(d) Rape in the first degree, as defined in
ORS 163.375;
(e) Sodomy in the
first degree, as defined in ORS 163.405;
(f) Sexual penetration with a foreign object,
as defined in ORS 163.411;
(g)
Arson in the first degree, as defined in ORS 164.325; or
(h) Treason, as defined in ORS
166.005.
(5) To
determine the unified range for inmates with consecutive sentences which
involve a crime listed in section (4) of this rule, the Board shall establish
the matrix range for each crime by using the inmate's history/risk score
pursuant to OAR 255-005-0005, Exhibit B and the applicable crime
category rationale. The unified range shall be the sum of the ranges
established under this section.
(6)
The unified range may be subject to the variations established in accordance
with OAR 255-035-0016 and 255-005-0005, Exhibit D.
Notes
The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the Board.
Stat. Auth.: ORS 144
Stats. Implemented: ORS 144
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