OAR 255-062-0016: Factors to be Considered in Establishing a Deferral Period Longer Than Two Years

Following an interview and consideration of all the information presented at the hearing, the Board may find by majority vote of the members participating in the hearing, that it is not reasonable to expect that the inmate would be granted a change in the terms of confinement, or it is not reasonable to expect that the inmate would be granted a firm release date before the end of a specified deferral period, not to exceed ten years, based on one or more of the following non-exclusive factors: (1) A determination by the Board, based on the psychological evaluation and all the information available at the hearing, that the inmate has a mental or emotional disturbance, deficiency, condition, or disorder predisposing him/her to the commission of any crime to a degree rendering the inmate a danger to the health or safety of others; (2) Infractions of institutional rules and discipline; (3) Commission of crimes subsequent to the crime of conviction; (4) Inmate’s failure to demonstrate understanding of the factors that led to his/her criminal offense(s); (5) Inmate’s demonstrated lack of effort to address criminal risk factors of psychological or emotional problems; (6) Inmate’s demonstrated lack of effort to address criminal risk factors of substance abuse problems; (7) Failure to seek and maintain appropriate work or training; (8) Inmate’s failure to seek out and benefit from programming including but not limited to sex offender treatment, batterers intervention programs, anger management, cognitive therapy, and victim impact panels where available; (9) Inmate’s inability to experience or demonstrate remorse or empathy; (10) Demonstrated poor planning and foresight; (11) Demonstrated impulsivity; or (12) Demonstrated lack of concern for others, including but not limited to any registered victims. (13) Refusal to participate in Board-ordered psychological evaluation(s) and/or refusal to participate in Board hearing. (14) The inmate is serving a concurrent sentence over which the Board does not have release authority, and which has a release date ten or more years from the projected parole release date on the Board sentence.