OAR 255-060-0012: Psychological or Psychiatric Reports

This rule applies to all persons in custody, except for any person in custody convicted of murder committed on or between November 1, 1989, and June 29, 1995, who was not designated a dangerous offender at sentencing, and except to the extent that it is made inapplicable by rules in effect when the person in custody committed the crimes of conviction. (1) After review of psychiatric and psychological reports, and all other information or documents presented during a hearing, the Board may defer parole release until a specified future date upon finding: The person in custody has a present severe emotional disturbance, such as to constitute a danger to the health or safety of the community. (2) The Board shall not deny release on parole solely because of a person in custody’s present severe emotional disturbance. The Board must also find the condition constitutes a danger to the health or safety of the community. (3) The Board may defer a scheduled parole release date for no fewer than two years and no longer than ten years. A deferral of longer than two years must comply with OAR 255 division 62 of these rules. (4) If the Board finds the person in custody does not have a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the Board shall affirm the parole release date and set parole conditions. (5) If the Board finds the person in custody has a present severe emotional disturbance, but that the disturbance is not so severe as to constitute a danger to the health or safety of the community, the Board may affirm the parole release date and set parole conditions. (6) For purposes of the Board finding that an offender is a sexually violent dangerous offender pursuant to OAR 255-060-0018, the Board may order a psychological or psychiatric evaluation.