OAR 255-032-0035: Effect of Denying Relief Request

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) 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) 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) Factors to be considered in establishing a deferral period of longer than two years include those listed in OAR 255-062-0016. (4) The inmate may request an interim exit interview hearing pursuant to OAR 255-062-0021. (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) 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.