The Department of Corrections may recommend to the Board of
Parole and Post-Prison Supervision that an AIC's parole release date be reset
to a later date as a result of a disciplinary action, as follows:
(1) The AIC is found guilty of a major rule
violation after a formal disciplinary hearing or upon waiver of the AIC's right
to a hearing, and the final disciplinary order directs that the Board of Parole
and Post-Prison Supervision be notified that the department recommends that the
AIC's parole release date be extended in accordance with the department's rule
on
Prohibited Conduct and Processing Disciplinary Actions (OAR
291-105).
(2) In order to qualify
the AIC for a parole release date extension recommendation, the rule violation
must involve misconduct that can be classified within one of four categories as
follows:
(a) Hazard to human
life/health;
(b) Hazard to
security;
(c) Hazard to
property;
(d) Third in series of
rule violations within a three-month period while assigned to any Department of
Corrections facility or program.
(3) A parole release date extension shall not
be recommended without consideration of the following:
(a) Effectiveness of the sanction as a
disciplinary measure, both to the AIC and to the general AIC
population;
(b) Degree of hazard
posed by the misconduct to human health and/or life, facility security, or to
property;
(c) Seriousness of the
misconduct had it been committed in the wider community;
(d) Circumstances of the misconduct;
and
(e) The AIC's prior record of
institution conduct.
(4)
A recommendation for extension of an AIC's parole release date shall be within
the range corresponding to the violation classification category, as set forth
in Table 3.
(5) A parole release
date extension recommendation will not be made that, if followed by the Board
of Parole and Post-Prison Supervision, will result in a parole release date
beyond the AIC's statutory good time date.
(6) If an AIC is found guilty of a major rule
violation, before a parole release date has been set, that qualifies the AIC
for a parole release date extension recommendation in accordance with these
rules, the department will recommend to the Board of Parole and Post-Prison
Supervision that the AIC's parole release date be adjusted when set to reflect
the department's recommended extension, if any.
Notes
Or. Admin. Code
§
291-097-0300
CD 17-1993, f. 6-7-93,
cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f.
& cert. ef. 10-12-01; Renumbered from 291-097-0130 by DOC 13-2012(Temp), f.
& cert. ef. 12-28-12 thru 6-25-13; Renumbered from 291-097-0130 by DOC
5-2013, f. 5-30-13, cert. ef. 6-1-13;
DOC
5-2021, amend filed 04/07/2021, effective
4/7/2021
Statutory/Other Authority: ORS 137.635, 144.108, 144.110,
161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110,
161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 &
423.075
