If the Board finds that the inmate is not capable of rehabilitation, the Board shall deny the relief sought in the inmate petition. The Board may not grant a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied.

1. (1) The Board may not grant a hearing that is more than two years from the date a petition is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted a change in the terms of confinement before the date of the subsequent hearing.
2. (2) A decision to grant a hearing that is more than two years from the date a petition is denied requires a unanimous vote of the Board members participating in the hearing; the length of the deferral shall be determined by a majority vote.
3. (3) Factors to be considered in establishing a deferral period of longer than two years include those listed in OAR 255-062-0016.
4. (4) The inmate may request an interim exit interview hearing pursuant to OAR 255-062-0021.
5. (5) If the Board finds, based upon the request for an interim hearing, that there is reasonable cause to believe that the inmate may be granted a change in the terms of confinement, the Board shall conduct a hearing as soon as is reasonably convenient. An interim hearing may be granted by a majority of the Board.
6. (6) If the Board denies a petition for an interim hearing, it shall issue a final order accompanied by findings of fact and conclusions of law, pursuant to ORS 144.285(3) (2009). A finding by the Board under (e) above does not bind the Board to any specific finding at the interim murder review hearing.

Statutory/Other Authority

ORS 163.105 & 144.285

Statutes/Other Implemented

ORS 144 & 163.105

History

PAR 6-2011, f. & cert. ef. 11-30-11
PAR 4-1997, f. 3-11-97, cert. ef. 3-14-97
PAR 4-1993, f. & cert. ef. 10-29-93
PAR 6-1988, f. & ef. 5-19-88
2PB 8-1985, f. & ef. 5-31-85