OAR 255-035-0021: Consecutive Sentences: Creating a Unified Matrix Range

(1) Notwithstanding section (4) of this rule, the Board shall establish the principal range for the most serious of the felonies committed during the time period under consideration. If two or more felonies are determined to be equally the most serious, the Board shall establish a principal range for only one of those felonies. (2) The Board shall then establish a range for each of the remaining felonies committed during the same period using the appropriate base range for the crime pursuant to OAR 255-005-0005, Exhibit C. (3) The unified range for crimes committed during the same period shall be determined by summing the range established under section (1) of this rule with the ranges established under section (2) of this rule. (4) The method established by sections (1) to (3) of this rule for determining the unified range shall not apply if any of the crimes involved is: (a) Murder, as defined in ORS 163.115 or any aggravated form thereof; (b) Assault in the first degree, as defined in ORS 163.185; (c) Kidnapping in the first degree, as defined in ORS 163.235; (d) Rape in the first degree, as defined in ORS 163.375; (e) Sodomy in the first degree, as defined in ORS 163.405; (f) Sexual penetration with a foreign object, as defined in ORS 163.411; (g) Arson in the first degree, as defined in ORS 164.325; or (h) Treason, as defined in ORS 166.005. (5) To determine the unified range for inmates with consecutive sentences which involve a crime listed in section (4) of this rule, the Board shall establish the matrix range for each crime by using the inmate’s history/risk score pursuant to OAR 255-005-0005, Exhibit B and the applicable crime category rationale. The unified range shall be the sum of the ranges established under this section. (6) The unified range may be subject to the variations established in accordance with OAR 255-035-0016 and 255-005-0005, Exhibit D. [ED. NOTE: Exhibits referenced are available from the agency.]