OAR 255-032-0005
Prison Term Hearing to Be Held
(1)
An adult person convicted of Aggravated Murder under ORS 163.095 (“Aggravated murder” defined) shall receive a hearing within one year of sentencing. A person convicted of Murder under ORS 163.115 (Murder in the second degree) that was committed on or after June 30, 1995, and who was sentenced to life with a twenty-five (25) year minimum shall receive a hearing within one year of sentencing. At the hearing the Board shall set a review date congruent with the minimum terms set forth in OAR 255-032-0010 (Minimum Period of Confinement Pursuant to ORS 163.105 or 163.115) rather than a parole release date. In lieu of holding a hearing, the Board may determine the prison term/murder review date by administrative file pass.(2)
Adult persons sentenced to death or life without the possibility of release or parole shall not receive a hearing.(3)
Adult persons sentenced to life with a twenty (20) or thirty (30) year minimum for aggravated murder shall receive a prison term hearing pursuant to ORS 144.120 (Initial parole hearing) if they also have a sentence to the Department of Corrections’ custody for a crime other than aggravated murder.(4)
Inmates, who were juveniles and waived to adult court pursuant to ORS 419C.340 (Authority to waive youth to adult court) through 419C.364 (Waiver of future cases), and were under the age of 17 years at the time of their crime(s), and were convicted of Aggravated Murder, per ORS 163.095 (“Aggravated murder” defined), and whose crimes were committed after October 31, 1989 and prior to April 1, 1995, shall receive a prison term hearing. At the hearing, the Board shall set a projected parole release date, in accordance with the guidelines and matrix that apply with respect to the date of the crime.(5)
The Board will apply the applicable procedural rules under OAR divisions 30 and 35, in effect at the time of the hearing, for the conduct of the hearing.
Source:
Rule 255-032-0005 — Prison Term Hearing to Be Held, https://secure.sos.state.or.us/oard/view.action?ruleNumber=255-032-0005.