Rules on duration of imprisonment
- objectives
- considerations in prescribing rules
Source:
Section 144.780 — Rules on duration of imprisonment; objectives; considerations in prescribing rules, https://www.oregonlegislature.gov/bills_laws/ors/ors144.html
.
Notes of Decisions
Rules promulgated by Board of Parole creating “matrix system” were within legislative delegation of authority under this section. Folk v. Board of Parole, 53 Or App 142, 631 P2d 353 (1981)
Defendant’s denial of guilt is not a mitigating factor under this section. Reese v. Board of Parole, 303 Or 692, 740 P2d 784 (1987)
This section provides no legal basis for completely excluding item offered in mitigation on ground it is not directly related to circumstances surrounding present crime. Calderon-Pacheco v. Board of Parole, 309 Or 454, 788 P2d 1001 (1990)
Requirement that range of duration of imprisonment be established for offense is not requirement to set parole release date for individual offender. Engweiler v. Board of Parole, 343 Or 536, 175 P3d 408 (2007)
Statute has no application to authority of Board of Parole and Post-Prison Supervision to adopt rules allowing for parole release by juveniles convicted of aggravated murder. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)