Or. Admin. Code § 255-040-0028

Current through Register Vol. 63, No. 12, December 1, 2024

Section 255-040-0028 - Reductions for a Severe Medical Condition or Incapacitated Elderly Person

(1) Except as provided in subsections (3) and (4) of this rule, the Board may consider reductions in prison terms when any inmate, regardless of whether they committed their crime before or after November 1, 1989, is suffering from a severe medical condition or is elderly and is permanently incapacitated and is unable to move from place to place without the assistance of another. The following information must accompany a request for reduction:

(a) A medical authority's report, which attests to validity of the condition with reasons why continued incarceration would be cruel and inhumane; and

(b) The institution superintendent's recommendation; and

(c) The Department of Corrections Director's recommendation regarding whether resetting the release date to an earlier date is compatible with the best interests of the inmate and society; and

(d) The Governor's commutation for those sentenced to life in prison or death for aggravated murder.

(2) If a hearing may threaten the health and safety of the inmate or the Board, the Board shall consider the reduction administratively and may grant it upon an affirmative majority vote.

(3) For inmates sentenced under Ballot Measure 11 (ORS 137.700), the Board has no authority to grant an early release due to a medical condition.

(4) For inmates who committed their crime(s) after June 12, 1997, if the sentencing order states that the inmate is not entitled to any form of early release, the Board has no authority to grant an early release date due to a medical condition. If a sentencing order states that the inmate is eligible for early release, the Board may grant an early release due to a medical condition as provided in this rule.

Or. Admin. Code § 255-040-0028

PAR 3-1988(Temp), f. 3-30-88, ef. 4-4-88; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90; PAR 6-1991, f. & cert. ef. 10-15-91; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 1-1999, f. & cert. ef. 1-15-99

Stat. Auth.: ORS 144.122, ORS 144.126 & ORS 161.610

Stats. Implemented: ORS 144.122 & ORS 144.126