Rules on duration of prison terms when aggravating or mitigating circumstances exist
- limitation on terms
- dangerous offenders
Source:
Section 144.785 — Rules on duration of prison terms when aggravating or mitigating circumstances exist; limitation on terms; dangerous offenders, https://www.oregonlegislature.gov/bills_laws/ors/ors144.html.
Notes of Decisions
Since Board of Parole is not authorized to keep individual incarcerated beyond maximum period of imprisonment set at sentencing, it was error for judge to state, at time of imposing sentence, that number of years he sentenced defendant was merely academic because of Board’s schedule for determining parole. State v. Gibson, 36 Or App 111, 583 P2d 584 (1978), Sup Ct review denied
This section does not require that, in setting parole release date, Parole Board determine by rule, in advance, every circumstance it may consider to be aggravating or mitigating. Moore v. Ore. State Bd. of Parole, 54 Or App 369, 635 P2d 3 (1981)
This section does not require Parole Board to determine, in advance, maximum variations permitted from the matrix range. Hein v. Board of Parole, 56 Or App 293, 641 P2d 642 (1982)
Where rules adopted pursuant to this section contain no legal basis for completely excluding item offered in mitigation on ground it is not directly related to circumstances surrounding present crime, exclusion of mitigating evidence offered was not consistent with rules of Board of Parole. Calderon-Pacheco v. Board of Parole, 309 or 454, 788 P2d 1001 (1990)
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