Or. Admin. Code § 255-050-0010 - Postponement Procedures: Hearing by Board

(1) When the Board conducts a parole postponement hearing, the following procedure shall apply:

(a) The Board shall give the inmate notice of the hearing and its purpose; the provisions of Division 30 as to appearance, disclosure, and record shall apply except:

(b) An inmate may not waive his/her right to appear;

(c) An inmate may not relitigate facts which the institution hearings officer has found at the disciplinary hearing.

(2) If the Board finds serous misconduct, it may be classified within one of the following four categories and the Board may extend the prison term as provided in Exhibit G:

(a) Hazard to human life or health;

(b) Hazard to security;

(c) Hazard to property; or

(d) Third in a series of rule violations within a three-month period, while assigned to any Department of Corrections program.

(3) The Board may request another hearing before the disciplinary committee originating the recommendation for extension, or choose not to extend a prison term if the Board finds that other disciplinary options are adequate for the seriousness of the misconduct, considering the factors found in OAR 255-050-0011.

(4) The Board may continue the postponement hearing and order a psychiatric or psychological examination when it appears that a severe emotional disturbance may be present. If a psychiatrist or psychologist makes a diagnosis of present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the Board may defer release to a specified future date. When deciding not to set a parole release date, the Board shall apply OAR 255-035-0030.

(5) A panel shall decide cases when a parole release date is extended for less than two years, unless OAR 255-030-0015 previously designated it a Full Board case.

(6) When the recommended extension of the prison term exceeds the inmate's statutory good time date or the sentence expiration date, the Board may extend the prison term up to two days less than the good time date or expiration date.

(7) If the Board extends the prison term, the Board shall give the inmate:

(a) The final order, including a written statement of the category of misconduct, if applicable, the facts and specific reasons for the decision, including the Board members' individual votes; and

(b) Notice of the right to administrative appeal pursuant to Division 80.

Notes

Or. Admin. Code § 255-050-0010

2PB 1-1979, f. & ef. 2-1-79; 2PB 12-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 8-1988, f. & ef. 7-1-88; PAR 4-1989, f. & ef. 11-1-89; Renumbered from 255-050-0005; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 5-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 1-1999, f. & cert. ef. 1-15-99

Stat. Auth.: ORS 144.125 & ORS 144.223

Stats. Implemented: ORS 144.125 & 144.223