Or. Admin. Code § 255-037-0020

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

Section 255-037-0020 - Request for Review Prior to Release Hearing Date

(1) Notwithstanding subsection (1) of OAR 255-037-0005, a inmate sentenced as a dangerous offender under ORS 161.725 and 161.735 may request a release hearing prior to the earliest time the inmate is eligible for release to post-prison supervision or a two year review. The Board may consider information presented by the inmate to determine whether the inmate is no longer dangerous or that even though dangerous, can be adequately controlled with supervision and mental health treatment which are in fact available to the inmate.

(2) The Board shall review the request for a release hearing by administrative file pass.

(3) If the Board finds, based upon the request and the information therein, there is reasonable cause to believe the inmate is no longer dangerous or even though dangerous, can be adequately controlled with supervision and mental health treatment which are in fact available to the inmate, the Board shall order the documents required by this division and conduct a release hearing as soon as reasonably convenient.

(4) If the Board finds there is not reasonable cause to believe the inmate is no longer dangerous or even though the inmate remains dangerous, the inmate can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the inmate, the Board will review the [prisoner's] inmate's case at the originally scheduled release hearing pursuant to OAR 255-037-0005(1).

Or. Admin. Code § 255-037-0020

PAR 4-1989, f. & ef. 11-1-89; PAR 1-1993(Temp), f. & cert. ef. 7-26-93; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 2-1994, f. 8-1-94, cert. ef. 8-15-94; PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98

Stat. Auth.: ORS 144.228

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)