Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences
(1)The board shall not release a inmate on parole until the inmate has served a judicially imposed minimum prison term, except upon the affirmative majority vote of members who have found that:
(a)The minimum term is not an appropriate penalty for the criminal offense; and
(b)The minimum term is not necessary to protect the public.
(2)If at least a majority of the board members have made the findings listed in section (1) of this rule, the board shall establish a prison term using the guidelines range and the standard variations allowed, unless there are remaining judicial minimums above the guidelines range in length, which the board has upheld.
(3)When the court has ordered consecutive minimum sentences and the board finds that the combined minimums are not appropriate penalties for the criminal offenses involved and are not necessary to protect community security, the board, by a majority of concurring votes, may override one or more of the judicially imposed minimums and set a prison term which is less than the sum of the minimum terms.
(4)The Board shall set a parole release date in accordance with OAR 255-035-0013 (Factors Which Determine an Initial Parole Release Date) or 255-035-0014 (Initial Parole Release Date for Offenders Whose Probations Are Revoked November 1, 1989 or Later), and shall state the facts and reasons for its actions.
(5)Notwithstanding subsection (3) of this rule, when the board overrides an ORS 163.115 (Murder in the second degree) murder minimum, the vote must be unanimous.
(6)The board shall not override ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) gun minimums except as provided by ORS 144.122 (Advancing initial release date), 144.126 (Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated) and OAR 255-040-0028 (Reductions for a Severe Medical Condition or Incapacitated Elderly Person).
(7)The board shall not override ORS 163.105 (Sentencing options for aggravated murder) aggravated murder minimums.
Rule 255-035-0023 — Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences,