Or. Admin. Code § 255-037-0005

Current through Register Vol. 64, No. 1, January 1, 2025

Section 255-037-0005 - Release Hearings

(1) Within six (6) months after commitment to the Department of Corrections' custody of any person sentenced as a dangerous offender, the Board shall set a date for a release hearing which shall be no later than ten (10) days prior to the date the inmate is eligible for release on post-prison supervision.

(2) A person sentenced as a dangerous offender for felonies committed on or after November 1, 1989 is eligible for release on post-prison supervision:

(a) after having served the incarceration term set forth on the judgment order; and

(b) the Board finds the inmate no longer dangerous; or

(c) the Board finds the inmate remains dangerous but can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the inmate.

(3) If the Board is unable to make the findings required by section (2) of this rule, the Board shall schedule reviews once every two (2) years until:

(a) the Board is able to make the required findings; or

(b) the maximum indeterminate sentence expires.

(4) If after the Board makes the findings required by section (2) of this rule, the Board later has reasonable cause to believe the inmate dangerousness has returned and/or the inmate cannot be adequately controlled with supervision and mental health treatment or that the necessary resources for supervision and treatment are unavailable, the Board may order an evaluation pursuant to ORS 144.226 and shall conduct a new release hearing.

(5) If, at the release hearing or at any subsequent review, the Board makes the findings required by section (2) of this rule, the Board shall order release to post-prison supervision, subject to ORS 144.096, 144.098 and 144.102 regarding supervision conditions and review of release plans, and subject to eligibility for release under statute and rule.

(6) At any hearing or review, the Board may consider:

(a) the examining psychologist or psychiatrist's written report;

(b) a written report from the executive officer of Department of Corrections institution in which the inmate has been confined;

(c) a field analysis report and release plan, including verification that adequate supervision and mental health treatment are immediately available for the particular inmate;

(d) any other information regarding the inmate that the Board finds relevant.

Or. Admin. Code § 255-037-0005

PAR 4-1989, f. & ef. 11-1-89; PAR 4-1991(Temp), f. 6-27-91, cert. ef. 7-1-91; PAR 9-1991, f. 11-27-91, cert. ef. 12-1-91; PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98

Stat. Auth.: ORS 144.226, ORS 144.228 & ORS 144.232

Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 52, OL 1997 (Enrolled SB 156)