Oregon Administrative Rules
Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION
Division 33 - RELEASE HEARINGS FOR ADULTS IN CUSTODY WHEN OFFENSE COMMITTED AS JUVENILE
Section 255-033-0030 - Hearing Considerations
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The hearing shall provide the person a meaningful opportunity to be released on parole or post-prison supervision.
(2) The Board may require the person, before holding a hearing described in this Division, to be examined by a psychiatrist or psychologist with expertise in adolescent development. Within 60 days of the evaluation, the examining psychiatrist or psychologist shall file a written report of the findings and conclusions of the examination with the Board. A certified copy of the report shall be included in a Board Review Packet. This packet need not include all documents in the person in custody's file but shall contain information relevant to the purpose of the hearing and shall be provided to the person and the person's attorney.
(3) During a hearing under this section, the Board shall consider and give substantial weight to the fact that a person under 18 years of age is incapable of the same reasoning and impulse control as an adult and the diminished culpability of minors as compared to that of adults. The Board shall also consider the following circumstances, if relevant to the specific person and offense:
(4) Under no circumstances may the Board consider the age of the person as an aggravating factor.
(5) The board, when making a determination under ORS 144.397(7) as to whether the person, based on the consideration of the age and immaturity of the person at the time of the offense, and the person's behavior thereafter, has demonstrated maturity and rehabilitation, may consider, among other things:
Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397