255-033-0010
Purpose & Authority

(1) ORS 144.397 provides that an Adult in Custody (AIC) who was under 18 years of age at time of committing an offense is eligible for release on parole or post-prison supervision after serving 15 years of imprisonment. ORS 144.397 further provides for a hearing before the State Board of Parole and Post-Prison Supervision that must provide a meaningful opportunity to be released on parole or post-prison supervision, and which would authorize the release of such person on parole or post-prison supervision if certain findings are made.

(2) The Board is authorized to adopt rules to carry out the provisions of ORS 144.397.  These rules describe the processes that the Board will follow when it determines eligibility, conducts hearings, and notifies persons of the results.

(3) These rules apply only to sentences imposed on or after January 1, 2020, as provided by Oregon Laws 2019, chapter 634, section 32. In addition, as provided by Oregon Laws 2019, chapter 685, section 4 (2), these rules do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason.

Statutory/Other Authority: ORS 144.050, 144.085 & 144.397
Statutes/Other Implemented: 144.397
History:
PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022

255-033-0020
Determination of Eligibility for Hearing

The Board shall conduct a hearing to consider release on parole or post-prison supervision for a person who was convicted of an offense or offenses committed when the person was under 18 years of age and is serving a sentence of imprisonment for the offense or offenses, after that person has served 15 years of imprisonment for the offense.

(1) “Served 15 years of imprisonment” means that 15 years have passed since the person began serving the sentence, including pretrial incarceration but not including any reduction in sentence under ORS 421.121 or any other statute.

(2) An AIC shall submit a petition to the Board of Parole to request a hearing. The person may submit the petition up to one year before eligibility. The Board shall schedule the hearing within a reasonable period of time upon receipt of the petition, and after the person has served 15 years of imprisonment. For scheduling purposes, the Board may add time to allow for the person to be examined by a psychiatrist or psychologist as described in ORS 144.397.

(3) The Board shall factor in any resentencing or additional sentence received while in custody of a Department of Corrections facility.

Statutory/Other Authority: ORS 144.223, 144.226 & 144.397
Statutes/Other Implemented: 144.397
History:
PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022

255-033-0030
Hearing Considerations

(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:

(a) the age and immaturity of the person at the time of the offense;

(b) whether and to what extent an adult was involved in the offense;

(c) the person’s family and community circumstances at the time of the offense, including any history of abuse, trauma, and involvement in the juvenile dependency system;

(d) the person’s subsequent emotional growth and increased maturity during the person’s imprisonment;

(e) the person’s participation in rehabilitative and educational programs while in custody if such programs have been made available to the person and use of self-study for self-improvement;

(f) a mental health diagnosis; and

(g) any other mitigating factors or circumstances presented by the person.

(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:

(a) the person’s involvement in correctional treatment, medical care, educational, vocational, or other training in the institution which will substantially enhance the person’s capacity to lead a law-abiding life when released;

(b) the person’s institutional employment history;

(c) the person’s institutional disciplinary conduct;

(d) the adequacy of the person’s release plan including community support from family, friends, treatment providers, and others in the community; type of residence, neighborhood, or community in which the person plans to live;

(e) the person’s ability to demonstrate remorse and understanding of the impact the person’s crime had on the victims and the community;

(f) the person’s attitude and evidence of behavioral change;

(g) the extent the person takes personal responsibility for their actions;

(h) any psychiatrist or psychologist’s assessment of the person’s current risk of re-offending, risk of harm, and suitability for community supervision;

(i) the person understands long-term consequences;

(j) the person can delay impulses and identify alternative actions;

(k) the degree of premeditation or deviancy involved in the commission of the crime and the ability to understand, address, and mitigate those underlying risk factors;

(l) the person, if paroled, would not be a threat to the safety of the victim, the victim’s family, or the community and would comply with release conditions; and

(m) any other relevant factors.

Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397
History:
PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022

255-033-0040
Hearing Protocols

Manner of Hearing

(1) The proceedings shall be governed by the hearings procedures outlined in Oregon Administrative Rule 255, Division 30;  255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-0040, and 255-030-0046.

(2) Nothing in this OAR is to be construed as limiting a right a victim would have at this hearing under the United States and Oregon Constitutions, any Oregon statute, including ORS 144.750, or any Oregon administrative rule.

(3) The Board shall provide notice of the hearing to:

(a) the district attorney of the county in which the person was convicted; and

(b) the victim of any offense for which the person is serving a sentence if the victim requests to be notified and furnishes the Board with current contact information.

(4) At the hearing, the AIC has:

(a) the burden of proving by a preponderance of the evidence that the person has demonstrated maturity and rehabilitation based on consideration of the age and immaturity of the person at the time of the offense, and the person’s behavior thereafter; and

(b) the right to counsel, including counsel appointed at Board expense, at a hearing.

(5) The initial testimony of each witness, excluding the initial testimony of the AIC, shall not exceed 10 minutes. The total length of initial witness testimony, including any initial testimony of the AIC, shall not exceed 2 hours. The presiding Board member may grant additional time for initial witness testimony, at the time of the hearing, upon a finding that further testimony is likely to be relevant and material to the Board's decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence.

(a) The AIC may request the Board allow additional time for initial witness testimony beyond 2 hours by submitting a written request to the Board no later than 7 days prior to the hearing. The request shall contain the following information:

(A) the amount of additional time requested;

(B) the reason for why additional time is being requested; and

(C) the nature of the information that will be provided during witness testimony requiring additional time.

(b) The Board may grant the request if the Board determines the additional witness testimony is likely to be relevant and material to the Board’s decision.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397
History:
PAR 12-2025, amend filed 09/16/2025, effective 09/16/2025
PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022

255-033-0050
Final Determinations

(1) The Board will make a final determination by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing, and all timely submitted relevant materials.

(2) The Chairperson of the Board, or designee, shall make assignments of Board Members to the panels. The Chairperson of the Board may participate on any panel.  Each panel shall have the authority to hear and determine all questions before it. The vote of a majority of the panel is required to make a finding that the person has demonstrated maturity and rehabilitation. If the panel fails to arrive at a majority decision, another Board Member shall vote on the matter administratively.

(3) If the Board finds that, based on the consideration of the age and immaturity of the person at the time of the offense and the person’s behavior thereafter, the person has demonstrated maturity and rehabilitation, the Board shall release the person as follows:

(a) For a person sentenced under ORS 163.105, 163.115 or 163.155, the Board shall set a release date that is not more than 60 days from the date of the hearing and, notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be released on parole in accordance with ORS 144.125, 144.260 and 144.270.

(b) A person sentenced to a term of imprisonment under a provision of law other than ORS 163.105, 163.115 or 163.155 shall be released on post-prison supervision in accordance with ORS 144.096 and 144.098 within 60 days of the date of the hearing.

(4) If the Board determines that the person has not demonstrated maturity and rehabilitation under OAR 255-033-0030, the Board may deny release and postpone a subsequent hearing to a date that is at least two years but no more than 10 years from the date of the hearing.

(5) The Board shall consider the factors listed in Division 62 when setting a subsequent hearing date.

Statutory/Other Authority: ORS 144.096, 144.098, 144.125, 144.260, 144.270 & 144.397
Statutes/Other Implemented: 144.397
History:
PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022

255-033-0060
Notices Following Hearing

Following a Board decision under this section, the Board shall send written notice of the Board's order to the AIC, district attorney of the committing jurisdiction, and Board registered victims.

Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397
History:
PAR 1-2022, adopt filed 01/24/2022, effective 01/24/2022