Or. Admin. R. 291-097-0300

Current through Register Vol. 63, No. 9, September 1, 2024

Section 291-097-0300 - Extension of Parole Release Date (Recommendations)

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.

Or. Admin. R. 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

To view attachments referenced in rule text, click here to view rule.

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