OAR 255-032-0025: Manner of Review Hearing

(1) The proceedings shall be governed by the procedures for records, disclosure, and notice outlined in Divisions 15 and 30. (2) At the hearing, the AIC has: (a) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time; (b) If the AIC is without sufficient funds to be represented by an attorney at the hearing, the Board shall appoint legal counsel. The Board will make payment to the attorney according to rules posted on the Board website: http://www.oregon.gov/boppps/; and (c) The right to a subpoena issued by the Board upon a showing of the general relevance and reasonable scope of the evidence sought, and pursuant to Board rules. (3) The initial testimony of each witness, excluding any initial testimony by the AIC, shall not exceed 10 minutes. The total length of initial witness testimony, including any initial testimony of the AIC, shall not exceed 2 hours. The presiding Board member may grant additional time for initial witness testimony, at the time of the hearing, upon a finding that further testimony is likely to be relevant and material to the Board's decision. The presiding Board member may exclude or limit irrelevant, immaterial, or unduly repetitious testimony and evidence. (a) The AIC may request the Board allow additional time for initial witness testimony beyond 2 hours by submitting a written request to the Board no later than 7 days prior to the hearing. The request shall contain the following information: (A) the amount of additional time requested; (B) the reason for why additional time is being requested; and (C) the nature of the information that will be provided during witness testimony requiring additional time. (b) The Board may grant the request if the Board determines the additional witness testimony is likely to be relevant and material to the Board’s decision. (4) Pursuant to ORS 144.120, crime victims have a right to appear at the hearing, or to submit a written statement concerning the crime and the person responsible. “Victim” is defined in OAR 255-05-0005(78). The victim may be represented by counsel or a designee. If a victim chooses to speak, their statement should be concluded within 15 minutes. The Board may allow the victim to exceed that period when additional time is needed. (5) Pursuant to ORS 144.120, the district attorney from the committing jurisdiction has the right to appear at the hearing, or to submit a written statement concerning the crime and the AIC. The district attorney may be represented by a designee. The district attorney’s statement should be concluded within 15 minutes. The Board may allow the statement to exceed that period when additional time is needed. (6) If upon hearing all the evidence, the full Board, upon a unanimous vote of all members, or by such other vote as is specified in statute, finds that the AIC is capable of rehabilitation and that the terms of the AIC's confinement should be changed to life imprisonment with the possibility of parole or work release, it shall convert the terms of the AIC's confinement to life imprisonment with the possibility of parole or work release and may set a parole release date. Otherwise, the Board shall deny the relief sought in the petition. The Board's final order granting or denying relief shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the Board's order. (7) When an AIC has a consecutive sentence for a crime other than Aggravated Murder or Murder as described in OAR 255-032-0005, the Board shall determine the prison term for the consecutive sentences pursuant to ORS 144.120. The prison term for the consecutive sentences will not begin to run until and unless the Board orders a release date on the Aggravated Murder sentence established pursuant to ORS 163.105, or the Murder sentence established pursuant to ORS 163.115.