Or. Admin. R. 255-005-0005

Current through Register Vol. 63, No. 5, May 1, 2024

Section 255-005-0005 - Definitions

(1) "Abscond": Unauthorized absence from parole or post-prison supervision.

(2) "Active Supervision" or "Active Community Supervision": Supervision requiring a supervising officer's regular contact and monitoring to assure continued compliance with the general and special conditions of parole or post-prison supervision. "Active Supervision" shall not include:

(a) a period of confinement in a local, state, or federal correctional facility;

(b) a period of time between the suspension of parole or post-prison supervision and the date parole or post-prison supervision is continued;

(c) inactive parole or inactive post-prison supervision;

(d) involuntary commitment to a state or federal psychiatric facility; or

(e) a period of leave on Short Term Transitional Leave or other leave from a facility.

(3) "Administrative Sanction": Local, structured, or intermediate sanctions as those terms used in OAR 291-058 and may include periods of local confinement in jails, restitution centers, treatment facilities, or similar facilities.

(4) "Adult in Custody": Any person age 18 or older, incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program. (Historically referred to as "inmate" or "prisoner").

(5) "Aggravation": The factors or elements surrounding the crime that appear to increase the seriousness of the criminal episode or reflect on the character of the offender pursuant to Exhibit E-1 and E-3.

(6) "AIC": Adult in custody

(7) "Board Action Form": A Board order after a decision.

(8) "Base Range": The range for each crime category reflected in Exhibit C under the "excellent" column.

(9) "Board": Board of Parole and Post-Prison Supervision.

(10) "Board Review Packet": The information the Board shall consider at the adult in custody's hearing. Each of the Administrative Rule Divisions that establish a hearing shall list the contents of the packet.

(11) "Care Facility": A facility that provides rehabilitative, restorative, and ongoing skilled nursing care to patients or residents in need of assistance with the activities of daily living.

(12) "Compensatory Fines": A court-imposed penalty for the commission of a crime resulting in injury for which the person injured has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). The court may award compensatory fines in addition to restitution.

(13) "Correctional Facility": Any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. Correctional Facility includes a juvenile facility, if the juvenile is confined for a felony charge or conviction, and applies to a state hospital only as to persons detained therein after acquittal of a crime by reason of mental disease or defect or after a finding of guilty except for insanity.

(14) "Crime Severity Rating": A classification for crimes committed prior to November 1, 1989, from a low of one (1) to a high of seven (7) assigned to each crime, based on the seriousness of the crime pursuant to Exhibits A-1, A-2, and A-3.

(15) "Crime Spree": A set of criminal activities congruent in time or actually overlapping that are so joined by place and circumstances as to be the product of a continuous disposition or intent.

(16) "Date of Return": The date another in-state or out-of-state jurisdiction physically returns the adult in custody to the Department of Corrections' custody following a hold.

(17) "De Novo Hearing": A new initial prison term hearing, required when a court orders additional consecutive sentences for crimes that occurred prior to the first prison term hearing.

(18) "Escape":

(a) The unlawful or unauthorized departure from custody, a correctional facility or any form of temporary release or transitional leave;

(b) The unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board;

(c) Does not include failure to comply with provisions of a conditional or security release as in ORS 135.245.

(19) "Future Disposition Hearing": A hearing the Board may set at its discretion for purposes of deciding whether to deny or grant re-release for a violation of parole or post-prison supervision.

(20) "Gang Member": A person who associates with a group that identifies itself through the use of a name, unique appearance, language (including hand signs), the claiming of geographical territory, or the espousing of a distinctive belief system and one of the purposes of the group is criminal activity.

(21) "Gang-Related Activity": Crime committed by a gang member:

(a) With other known gang members;

(b) Against other known gang members; or

(c) Against a person who is not a gang member; in order to further the purposes of the gang or impress other gang members.

(22) "History/Risk Score": A rating from a high of eleven (11) to a low of zero (0) points, reflecting the prisoner's prior record and other factors that predict the likelihood of success on parole pursuant to Exhibit B, Part 1 and Part 2.

(23) "Inactive Parole" and "Inactive Post-Prison Supervision": The offender remains under supervision, however:

(a) There is no direct supervision by a supervising officer and no requirement of regular reporting;

(b) There are no supervision fees;

(c) The offender remains subject to arrest by a supervising officer for violation of conditions of supervision and return to active supervision at any time until expiration of the sentence or post-prison supervision term as outlined in Division 94; and

(d) Subsections (b) and (c) do not apply to those offenders being supervised in another state via Interstate Compact. Those offenders remain on active parole or post-prison supervision.

(24) "In Camera Hearing": The inspection of a document by the Hearings Officer in private before the document may be introduced as evidence.

(25) "Incapacitated": A condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety.

(26) "Initial Parole Release Date": The date assigned to an AIC for parole release based on the AIC's matrix range, aggravation, mitigation, and judicially imposed minimum sentences.

(27) "Inmate": Historical term referring to a person under the supervision of the Department of Corrections or a local supervisory authority who is not on parole, post-prison supervision or probation status (also referred to as prisoner). Current term is "Adult in Custody".

(28) "Inoperative Time": Time spent on abscond, escape, or unauthorized departure from custody, leave, parole or post-prison supervision, which does not count toward service of the sentence.

(29) "Intensive Supervision": Enhanced level of supervision exceeding a county's high risk level supervision standards. Intensive supervision may include, but is not limited to, electronic monitoring, house arrest, curfew, day reporting, supervised housing, multiple supervising officers, adjunct surveillance by law enforcement or other specialists, increased face-to-face offender contacts in the community, increased collateral contacts (such as with family, therapist and employer), community notification, geographic restrictions, offender mileage logs, medication monitoring, intensive outpatient or residential treatment programming, urinalysis, and polygraph.

(30) "Intermediate Care Facility": A facility that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment that a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition, require care and services above the level of room and board that can be made available to them only through institutional facilities.

(31) "Justice Involved Individual (JII)": Person formerly convicted or incarcerated for a crime. Historically referred to as "offender".

(32) "Less Than the Sum of the Terms": An action by the Board whereby one or more of the consecutive ranges are treated as if they are concurrent.

(33) "Licensed Health Care Professional": Individuals with current and appropriate licensure, certification, or accreditation in a medical, mental health, or dental profession who provide health services, assessments, and screenings for clients within their scope of practice, licensure, or certification.

(34) "Mail Date" or "Mailed on Date": The date from which the Board calculates the timelines of receipt of Administrative Review Requests and other time-sensitive responses. The date is computer generated and scheduled to ensure actual mailing occurred on or before the listed date.

(35) "Matrix Ranges": Ranges of months within which the Board has the discretion to set a prison term. The ranges are based on crime severity ratings and history/risk scores.

(36) "The Matrix": A table that displays the matrix ranges by showing the intersection of the crime severity rating and the history/risk score pursuant to "Exhibit C - Time to be Served".

(37) "Medical Professional": A person authorized by the state of Oregon to administer health care.

(38) "Mitigation": The factors or elements surrounding the crime that appear to decrease the seriousness of the criminal episode or reflect on the character of the prisoner pursuant to Exhibit E-2 and E-3.

(39) "Offender": Any person under the supervision of the Department of Corrections or a local supervisory authority who is not presently in the custody of a correctional facility, including persons on probation, parole or post-prison supervision. Also known as "person under supervision".

(40) "Parole": A Board-authorized conditional release from a state correctional facility into the community or to a detainer. Applies to offenders whose crimes were committed before November 1, 1989, offenders who were convicted of murder or aggravated murder and whose sentences allow for parole, and offenders sentenced by the court as Dangerous Offenders or Sexually Violent Dangerous Offenders.

(41) "Particularly Violent or Otherwise Dangerous Criminal Conduct": Conduct that is not merely unpleasant or offensive, but that is indifferent to the value of human safety or property.

(42) "Parole Board Record": The file the Board maintains for each adult in custody or offender containing the information listed in ORS 144.185.

(43) "Period Under Review": Under Division 40, the time already served on the prison term, normally the 3- or 5-year period prior to the personal review hearing.

(44) "Person in Custody (PIC)": Any person under the supervision of the Department of Corrections or a local supervisory authority who is not on parole, post-prison supervision or probation status, also known as adult in custody (AIC) or juvenile in custody (historically referred to as "inmate" or "prisoner").

(45) "Person under supervision": Any person under the supervision of the Department of Corrections or a local supervisory authority who is not presently in the custody of a correctional facility, including persons on probation, parole or post-prison supervision. Also known as "offender".

(46) "Post-Prison Supervision": A term of conditional release, as set by statute or the court under the supervision of the Department of Corrections (DOC) or a correctional agency designated by DOC or a local supervisory authority. Applies to crimes committed on or after November 1, 1989.

(47) "Principal Range": The range of months for the crime holding the highest crime severity rating. When the ranges are the same, the Board shall designate one range as the principal range.

(48) "Preponderance": Evidence that is of greater weight or more convincing than the evidence offered in opposition to it.

(49) "Probable Cause": A substantial objective basis for believing that more likely than not an offense or violation has been committed and the person to be arrested has committed it.

(50) "Prison Term": The Board established time the adult in custody must serve before the initial parole release date, in accordance with applicable laws and the Board's administrative rules.

(51) "Prison Term Hearing": The hearing at which the Board establishes an adult in custody's prison term and initial parole release date.

(52) "Reasonable Cause": The quantum of information that would cause a reasonably prudent person to believe that a condition or circumstance exists.

(53) "Revocation": An action by a Sanction Authority to terminate an offender's parole or post-prison supervision. Sanction Authority may resume an offender's parole or post-prison supervision following the act of revocation.

(54) "Revocation Hearing": A hearing to determine whether a violation of conditions of parole or post-prison supervision occurred and whether the Hearings Officer should recommend that the parolee or offender return to custody or continue on parole or post-prison supervision with additional conditions. (Sometimes called a "Morrissey Hearing")

(55) "Sanction Authority": For felony offenders sentenced by the court for crimes occurring before November 1, 1989 or sentenced to more than 12 months in the custody of the Department of Corrections or sentenced to 12 months or less and have additional sentences of greater than 12 months, the Board; and the Local Supervisory Authority for felony offenders sentenced by the court to 12 months or less, the Local Supervisory Authority.

(56) "Sexually Violent Dangerous Offender": An adult in custody or/offender who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the Board or Local Supervisory Authority finds presents a substantial probability of committing an offense listed in OAR 255-060-0008(6). "History of sexual assault" means that an adult in custody or person under supervision has engaged in unlawful sexual conduct that is not related to the crime for which the adult in custody or offender is currently on parole or post-prison supervision and that seriously endangered the life or safety of another person or involved a victim less than 12 years of age.

(57) "Serious Physical Injury": Any physical injury that creates a substantial risk of death, or that causes serious and protracted disfigurement, or impairment of health or protracted loss or impairment of the function of any bodily organ.

(58) "Stranger": A person who is either unknown to a victim or with whom the victim has a superficial acquaintance or acquaintance of short duration or infrequent contact.

(59) "Subcategory": The criteria for rating criminal conduct within the crime categories based on the seriousness of the offense (Exhibit A).

(60) "Subordinate Range": Any range less than or equal to the principal range.

(61) "Subpoena Duces Tecum": A subpoena requiring the party to appear at a hearing with a document or piece of evidence to be examined at the hearing.

(62) "Summing the Ranges": Adding ranges of consecutive sentences to produce a unified range pursuant to OAR 255-035-0021 "Consecutive Sentences: Creating a Unified Matrix Range".

(63) "Supervising Officer": Parole and post-prison supervision officer or their designee.

(64) "Supervisory Authority": The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or County Court to operate correction supervision services, custodial facilities, or both (per ORS 144.087).

(65) "Terminal illness or injury": A progressively deteriorating condition that is life threatening and determined to be incurable with current available technology. Death is anticipated from this illness or injury or a complication thereof within the foreseeable future, regardless of the administration of life-sustaining treatment.

(66) "Unauthorized Absence": Time spent outside a state correctional facility without the authorization of the Department of Corrections or Local Supervisory Authority.

(67) "Unified Range": The total range computed under OAR 255-035-0021 for consecutive sentences.

(68) "Unsum the Ranges": Will establish a matrix range at less than the unified range. The effect of "unsumming" is to treat one or more ranges as concurrent.

(69) "Variations": The time periods that the Board may use to set a prison term above or below the matrix range pursuant to Exhibit D.

(70) "Victim":

(a) Any person determined by the prosecuting attorney, the court, or the Board to have suffered direct financial, psychological, or physical harm as a result of a crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision.

(b) Any person determined by the Board to have suffered direct financial, social, psychological, or physical harm as a result of some other crime connected to the crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision. The term "some other crime connected to the crime that is the subject of the proceeding" includes: other crimes connected through plea negotiations, or admitted at trial to prove an element of the offense. The Board may request information from the District Attorney of the committing jurisdiction to provide substantiation for such a determination.

(c) Any person determined by the Board to have suffered direct financial, social, psychological, or physical harm as a result of some other crime connected to the sentence for which the offender seeks release that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision. The term "connected to the sentence for which the offender seeks release" includes other crimes that were used as a basis for: a departure sentence, a merged conviction, a concurrent or a consecutive sentence, an upper end grid block sentence, a dangerous offender sentence, or a sentence following conviction for murder or aggravated murder. The Board may request information from the District Attorney of the committing jurisdiction to provide substantiation for such a determination.

Or. Admin. R. 255-005-0005

2PB 2-1986(Temp), f. & ef. 11-13-86; 2PB 3-1986(Temp), f. & ef. 12-2-86; PAR 6-1988, f. & ef. 5-19-88; PAR 7-1988, f. & ef. 7-1-88; PAR 8-1988, f. & ef. 7-1-88; PAR 9-1988(Temp), f. & ef. 7-14-88; PAR 12-1988(Temp), f. & ef. 7-20-88; PAR 13-1988(Temp), f. & ef. 8-5-88; PAR 14-1988(Temp), f. & ef. 9-20-88; PAR 18-1988, f. & ef. 12-6-88; PAR 4-1989, f. & ef. 11-1-89; PAR 5-1990, f. & cert. ef. 10-5-90; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 11-1997(Temp), f. & cert. ef. 11-14-97; PAR 1-1998, f. & cert. ef. 5-1-98; PAR 4-2000, f. & cert. ef. 2-15-00; PAR 1-2005, f. & cert. ef. 4-25-05; PAR 4-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11; PAR 10-2010, f. & cert. ef. 12-1-10; PAR 2-2015, f. & cert. ef. 7/28/2015; PAR 4-2017, f. 3-27-17, cert. ef. 4/5/2017; PAR 4-2022, amend filed 08/16/2022, effective 8/16/2022

Exhibits referenced are available from the Board.

Statutory/Other Authority: ORS 144.050 & 144.140

Statutes/Other Implemented: ORS 144.050 & 144.140