OAR 255-033-0050: Final Determinations

(1) The Board will make a final determination by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing, and all timely submitted relevant materials. (2) The Chairperson of the Board, or designee, shall make assignments of Board Members to the panels. The Chairperson of the Board may participate on any panel. Each panel shall have the authority to hear and determine all questions before it. The vote of a majority of the panel is required to make a finding that the person has demonstrated maturity and rehabilitation. If the panel fails to arrive at a majority decision, another Board Member shall vote on the matter administratively. (3) If the Board finds that, based on the consideration of the age and immaturity of the person at the time of the offense and the person’s behavior thereafter, the person has demonstrated maturity and rehabilitation, the Board shall release the person as follows: (a) For a person sentenced under ORS 163.105, 163.115 or 163.155, the Board shall set a release date that is not more than 60 days from the date of the hearing and, notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be released on parole in accordance with ORS 144.125, 144.260 and 144.270. (b) A person sentenced to a term of imprisonment under a provision of law other than ORS 163.105, 163.115 or 163.155 shall be released on post-prison supervision in accordance with ORS 144.096 and 144.098 within 60 days of the date of the hearing. (4) If the Board determines that the person has not demonstrated maturity and rehabilitation under OAR 255-033-0030, the Board may deny release and postpone a subsequent hearing to a date that is at least two years but no more than 10 years from the date of the hearing. (5) The Board shall consider the factors listed in Division 62 when setting a subsequent hearing date.