1. (1) Based on advice of the Attorney General, the Board interprets ORS 137.750 as having no effect on the Board’s statutory authority to order the conditional release or discharge of persons placed under the Board’s jurisdiction by the courts for crimes committed on or after December 5, 1996.

2. (2) Consistent with the Board’s interpretation of ORS 137.750 in subsection (1) of this rule, a person placed under the Board’s jurisdiction for crimes committed on or after December 5, 1996 may be placed on conditional release or discharged by the Board from its jurisdiction, pursuant to applicable law and divisions 60 and 70 of these rules, notwithstanding the following:

   1. (a) The judgment states that the person may not be considered for conditional release or discharge from jurisdiction; or

   2. (b) The judgment is silent regarding whether the person may be considered for conditional release or discharge from jurisdiction.

      [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 161.387

Statutes/Other Implemented

ORS 161.325 - 161.400

History

PSRB 2-2017, minor correction filed 10/19/2017, effective 10/19/2017
PSRB 1-1999, f. & cert. ef. 4-12-99