Oregon Chapter 144

Chapter 144 — Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports

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Chapter 144 — Parole; Post-Prison Supervision; Work Release;

Executive Clemency; Standards for Prison Terms and Parole;

Presentence Reports

 

2007 EDITION

 

PAROLE AND POST-PRISON SUPERVISION

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

ADMINISTRATION

 

(Board)

 

144.005     State Board of Parole and Post-Prison Supervision; term; compensation

 

144.015     Confirmation by Senate

 

144.025     Chairperson; quorum

 

144.035     Board hearings; panels; exception

 

144.040     Power of board to determine parole and post-prison supervision violations

 

144.050     Power of board to grant parole; rules

 

144.054     When board decision must be reviewed by full board

 

(Generally)

 

144.059     State Board of Parole and Post-Prison Supervision Account

 

144.060     Acceptance of funds, grants or donations; contracts with federal government and others

 

144.075     Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation

 

144.079     Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions

 

144.085     Active parole and post-prison supervision; minimum amounts; extension

 

144.087     “Supervisory authority” defined

 

POST-PRISON SUPERVISION

 

144.096     Release plan; contents

 

144.098     Review of release plan

 

144.101     Board’s jurisdiction over conditions of post-prison supervision

 

144.102     Conditions of post-prison supervision

 

144.103     Term of post-prison supervision for person convicted of certain offenses

 

144.104     Supervisory authority; revising conditions

 

144.106     Violation of post-prison supervision conditions; sanctions

 

144.107     Sanctions for violations of conditions of post-prison supervision; rules

 

144.108     Recommitment to prison for certain violations; procedure; effect of recommitment; victim’s rights regarding hearing

 

144.109     Violation of post-prison supervision by sexually violent dangerous offender; sanction; local custody; maximum period

 

PAROLE PROCESS

 

144.110     Restriction on parole of persons sentenced to minimum terms

 

144.120     Initial parole hearing; initial release date determination; delay of initial determination; notification of victim

 

144.122     Advancing initial release date; requirements; rules

 

144.123     Who may accompany person to parole hearing; rules

 

144.125     Review of parole plan, psychological reports and conduct prior to release; release postponement; criteria for parole plan; Department of Corrections assistance; rules

 

144.126     Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated; rules

 

144.130     Prisoner to have access to written materials considered at hearings or interviews; access procedures

 

144.135     Bases of parole decisions to be in writing

 

144.140     Rules

 

144.185     Records and information available to board

 

144.223     Examination by psychiatrist or psychologist of parole candidate; report; copies to affected persons

 

144.226     Examination by psychiatrist or psychologist of person sentenced as dangerous offender; report

 

144.228     Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered

 

144.232     Release of dangerous offender to post-prison supervision; eligibility; hearing

 

144.245     Date of release on parole; effect of release order

 

144.260     Notice of prospective release on parole or post-prison supervision of inmate

 

144.270     Conditions of parole

 

144.275     Parole of inmates sentenced to make financial restitution; schedule of payments

 

TERMINATION OF PAROLE

 

144.315     Evidence admissible before board; rules

 

144.317     Appointment of attorneys; payment

 

144.331     Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension

 

144.334     Use of citations for parole or post-prison supervision violators; conditions; appearance

 

144.335     Appeal from order of board to Court of Appeals; appointment of master; costs

 

144.337     Public Defense Services Commission to provide counsel for eligible petitioner

 

144.340     Power to retake and return violators of parole and post-prison supervision

 

144.341     Procedure upon arrest of violator

 

144.343     Hearing required on revocation; procedure; victim’s rights regarding hearing

 

144.345     Revocation of parole; effect of conviction for crime

 

144.346     Parole revocation sanctions; rules

 

144.347     Compelling witnesses; subpoena power; fees

 

144.349     When ORS 144.343 does not apply

 

144.350     Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release; investigation by department

 

144.360     Effect of order for arrest and detention of violator

 

144.370     Suspension of parole or post-prison supervision following order for arrest and detention; hearing

 

144.374     Deputization of persons in other states to act in returning Oregon parole and post-prison supervision violators

 

144.376     Contracts for sharing expense with other states of cooperative returns of parole and post-prison supervision violators

 

144.380     After suspension of parole, post-prison supervision or revocation of conditional pardon or probation, violator is fugitive from justice

 

144.395     Rerelease of persons whose parole has been revoked; rules

 

SEIZURE OF PROPERTY BY PAROLE AND PROBATION OFFICERS

 

144.404     Department of Corrections authority to receive, hold and dispose of property

 

144.405     Duty of officer upon seizure; disposition of property if no claim to rightful possession is established

 

144.406     Petition for return of things seized

 

144.407     Grounds for valid claim to rightful possession

 

144.408     Hearing on petition

 

144.409     Granting petition for return of things seized; judicial review

 

WORK RELEASE PROGRAM

 

144.410     Definitions for ORS 144.410 to 144.525

 

144.420     Department of Corrections to administer work release program; purposes of release; housing of parolee

 

144.430     Duties of department in administering program

 

144.440     Recommendation by sentencing court

 

144.450     Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act

 

144.460     Contracts for quartering of enrollees

 

144.470     Disposition of enrollee’s compensation under program; rules

 

144.480     Protections and benefits for enrollees

 

144.490     Status of enrollees

 

144.500     Effect of violation or unexcused absence by enrollee

 

144.515     Release terminates enrollment; continued employment to be sought

 

144.522     Revolving fund

 

144.525     Custody of enrollee earnings deducted or otherwise retained by department

 

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

 

144.600     Interstate Compact for Adult Offender Supervision

 

144.602     Short title

 

144.603     Withdrawal from compact

 

UNIFORM ACT FOR OUT-OF-STATE SUPERVISION

 

144.610     Out-of-state supervision of parolees; contract with other states

 

144.613     Notice when parole or probation violated; hearing; report to sending state; taking person into custody

 

144.615     Hearing procedure

 

144.617     Hearing on violation in another state; effect of record in such hearing

 

144.620     Short title

 

144.622     “Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision

 

SEX OFFENDERS; SPECIAL PROVISIONS

 

(Pilot Treatment Program)

 

144.625     Hormone or antiandrogen pilot treatment program; establishment; eligibility

 

144.627     Rules

 

144.629     Payment of costs

 

144.631     Use of hormone or antiandrogen treatment with persons not included in pilot program

 

(Sexually Violent Dangerous Offenders)

 

144.635     Intensive supervision; duration

 

144.637     Rules

 

144.639     Projecting number of persons to be classified as sexually violent dangerous offenders; budgeting

 

(Sex Offender Residence Requirements)

 

144.641     Definitions

 

144.642     Criteria for determining residence; Department of Corrections; rules; matrix

 

144.644     Criteria for determining residence; State Board of Parole and Post-Prison Supervision; rules; matrix

 

144.646     Use of rules and matrix by community corrections agency

 

EXECUTIVE CLEMENCY

 

144.649     Granting reprieves, commutations and pardons generally; remission of penalties and forfeitures

 

144.650     Notice of intention to apply for pardon, commutation or remission; proof of service

 

144.660     Communication to legislature by Governor

 

144.670     Filing of papers by Governor

 

MISCELLANEOUS PROVISIONS

 

144.710     Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections

 

144.720     Judge’s power to suspend execution of sentence or grant probation prior to commitment

 

ADVISORY COMMISSION ON PRISON TERMS AND PAROLE STANDARDS

 

144.775     Commission members; terms; compensation; rules on duration of prison terms

 

144.780     Rules on duration of imprisonment; objectives; considerations in prescribing rules

 

144.783     Duration of term of imprisonment when prisoner is sentenced to consecutive terms

 

144.785     Rules on duration of prison terms when aggravating or mitigating circumstances exist; limitation on terms; dangerous offenders

 

144.787     Rules on age or physical disability of victim constituting aggravating circumstance

 

PRESENTENCE REPORTS

 

144.791     Presentence report in felony conviction cases; when required

 

ADMINISTRATION

 

(Board)

 

      144.005 State Board of Parole and Post-Prison Supervision; term; compensation. (1) A State Board of Parole and Post-Prison Supervision of at least three but no more than five members hereby is created. At least one member must be a woman.

      (2) Members of the board shall be appointed by the Governor and serve for a term of four years. If the number of members falls below three for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.

      (3) Each member shall devote the member’s entire time to the performance of the duties imposed on the board and shall not engage in any partisan political activity.

      (4) The members shall receive a salary set by the Governor. In addition, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties within limits as provided by law or under ORS 292.220 and 292.230.

      (5) The Director of the Department of Corrections shall serve as an ex officio nonvoting member of the board. [1969 c.597 §102; 1973 c.836 §281; 1975 c.217 §1; 1987 c.320 §47; 1989 c.790 §22; 1991 c.126 §1]

 

      144.010 [Amended by 1953 c.223 §2; 1959 c.327 §1; 1967 c.526 §1; repealed by 1969 c.597 §281]

 

      144.015 Confirmation by Senate. The appointment of a member of the State Board of Parole and Post-Prison Supervision is subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. [1969 c.597 §107; 1973 c.836 §282; 1985 c.565 §15]

 

      144.020 [Repealed by 1969 c.597 §281]

 

      144.025 Chairperson; quorum. (1) The Governor shall select one of the members of the State Board of Parole and Post-Prison Supervision as chairperson and another member as vice chairperson, for such terms and with duties and powers, in addition to those established by law, necessary for the performance of the function of such office as the Governor determines.

      (2) A majority of the members of the board constitutes a quorum for decisions concerning rules and policies.

      (3) Except as otherwise provided in this chapter, decisions affecting individuals under the jurisdiction of the board shall be made as designated by the rules of the board. [1969 c.597 §106; 1973 c.836 §283; 1975 c.217 §3; 1981 c.644 §3; 1989 c.589 §1; 1991 c.126 §2]

 

      144.030 [Repealed by 1969 c.597 §281]

 

      144.035 Board hearings; panels; exception. (1) In hearings conducted by the State Board of Parole and Post-Prison Supervision, the board may sit together or in panels.

      (2) Panels may consist of one or two board members or of one member and one hearings officer, appointed by the chairperson as a designated representative of the board. A panel consisting of one member or of one member and one hearings officer shall be used only when considering inmates convicted of non person-to-person crimes as defined in the rules of the Oregon Criminal Justice Commission. The chairperson of the board from time to time shall make assignments of members to the panels. The chairperson of the board may participate on any panel.

      (3) The chairperson shall apportion matters for decision to the panels. Each panel shall have the authority to hear and determine all questions before it. However:

      (a) If there is a division in the panel so that a decision is not unanimous, another member shall vote after administrative review of the record.

      (b) In case of a panel consisting of one board member, another member shall vote after administrative review of the record.

      (c) If the original panel was made up of one board member and the member voting after administrative review of the record disagrees with the decision, the matter shall be reassigned to a panel made up of the remaining board members. If this second panel agrees with neither member of the original panel, the matter will be referred to a hearing before the full board.

      (4) The provisions of subsections (1) to (3) of this section shall not apply to a decision to release a prisoner sentenced under ORS 144.110 (1). In such cases, the board shall release the prisoner only upon affirmative vote of a majority of the board.

      (5) The chairperson may elect to conduct the hearings described in this section by conference call with the prisoner. [1975 c.217 §4; 1977 c.372 §15; 1989 c.105 §1; 1989 c.589 §2; 1991 c.126 §3]

 

      144.040 Power of board to determine parole and post-prison supervision violations. The State Board of Parole and Post-Prison Supervision shall determine whether violation of conditions of parole or post-prison supervision exists in specific cases. [Amended by 1955 c.688 §3; 1969 c.597 §108; 1973 c.836 §284; 1989 c.790 §24]

 

      144.045 [1967 c.560 §2; repealed by 1969 c.597 §281]

 

      144.050 Power of board to grant parole; rules. Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any inmate, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go upon parole subject to being arrested and detained under written order of the board or as provided in ORS 144.350. The state board may establish rules applicable to parole. [Amended by 1959 c.101 §1; 1967 c.372 §7; 1969 c.597 §109; 1971 c.633 §10; 1973 c.694 §2; 1973 c.836 §285; 1974 c.36 §3; 1981 c.243 §1; 1987 c.320 §48; 1989 c.790 §25]

 

      144.054 When board decision must be reviewed by full board. Whenever the State Board of Parole and Post-Prison Supervision makes a decision affecting a person sentenced to life imprisonment or convicted of a crime involving the death of a victim, whether or not the prosecution directly charged the person with causing the death of the victim, the decision affecting such person must be reviewed by the full membership of the board. [1975 c.217 §5]

 

      144.055 [1955 c.660 §12; repealed by 1969 c.597 §281]

 

(Generally)

 

      144.059 State Board of Parole and Post-Prison Supervision Account. The State Board of Parole and Post-Prison Supervision Account is established separate and distinct from the General Fund. All moneys received by the State Board of Parole and Post-Prison Supervision, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. [2001 c.716 §2]

 

      Note: 144.059 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      144.060 Acceptance of funds, grants or donations; contracts with federal government and others. The Department of Corrections, with the written consent of the Governor, shall:

      (1) Accept from the United States of America, or any of its agencies, such funds, equipment and supplies as may be made available to this state to carry out any of the functions of the department and shall enter into such contracts and agreements with the United States, or any of its agencies, as may be necessary, proper and convenient, not contrary to the laws of this state.

      (2) Enter into an agreement with the county court or board of county commissioners of any county, or with the governing officials of any municipality of this state having a population of 300,000 or less for the payment by the county or municipality of all or any part of the cost of the performance by the Department of Corrections or State Board of Parole and Post-Prison Supervision of any parole, post-prison supervision or probation services or of the supervision of any parole, post-prison supervision or probation case arising within the county or municipality.

      (3) Accept any grant or donation of land or any gift of money or other valuable thing made to the state to carry out any of the functions of the department.

      (4) Enter into an agreement with the county court or board of county commissioners of each county within the boundaries of which the largest part of a city having a population of more than 300,000 is situated for the payment by the county of all or any part of the cost of the performance by the department of all or any part of the responsibility for prisoners transferred to the county by section 13, chapter 633, Oregon Laws 1971. [Amended by 1969 c.597 §112; 1971 c.633 §11; 1973 c.836 §286; 1974 c.36 §4; 1987 c.320 §49; 1989 c.790 §26]

 

      144.070 [Repealed by 1969 c.597 §281]

 

      144.075 Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation. Any expense incurred by the state for returning to the Department of Corrections any parole or post-prison supervision violator or violator of a conditional commutation or conditional pardon shall be paid out of the biennial appropriations made for the payment of the state’s portion of the expenses incident to such transportation. [1953 c.191 §1; 1973 c.836 §287; 1987 c.320 §50; 1989 c.790 §27]

 

      144.079 Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions. (1)(a) If a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period before the prisoner’s first initial parole hearing, or if a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period between any two initial parole hearings, the total term resulting from the crimes committed during each such separate period shall be determined by the State Board of Parole and Post-Prison Supervision as follows, except as provided in subsection (2) of this section, and the total terms so determined shall then be summed as provided in ORS 144.783 (1):

      (A) First, the board shall establish the appropriate range for the felony determined by the board, according to its rules, to be the most serious of the felonies committed during the period. If two or more felonies are determined to be equally the most serious, the board shall establish the appropriate range under this paragraph only for one of those felonies.

      (B) Second, the board shall establish a range for each of the remaining felonies committed during the same period. For purposes of establishing the ranges for the remaining felonies under this paragraph, the board shall not consider prior criminal history.

      (C) Third, the board shall determine the total range applicable in the offender’s case for crimes committed during the same period by summing the ranges established under subparagraph (B) of this paragraph with the range established under subparagraph (A) of this paragraph and shall determine an appropriate term within that range.

      (D) Finally, the board shall vary the term determined under subparagraph (C) of this paragraph according to rules established under ORS 144.785 (1), if the board finds aggravating or mitigating factors in the case. The board shall consider as an aggravating factor the fact that the prisoner has been sentenced to consecutive terms of imprisonment.

      (b) Whenever a prisoner is committed to the custody of the Department of Corrections for a crime that was committed during a period already considered at an initial parole hearing and upon a sentence consecutive to any sentence imposed for crimes committed during that period, the board shall conduct a hearing to consider the previously unconsidered crime. The hearing shall be a hearing supplemental to the original initial hearing concerning crimes committed during the period. Time limitations and other procedural provisions applicable to initial hearings shall apply to a supplemental hearing under this subsection. Upon conclusion of the supplemental hearing, the board shall redetermine the appropriate total term for the period. The redetermination shall be conducted de novo under the provisions of subsection (2) of this section.

      (2) The method established by this section for determining, where applicable, the total term resulting from the summing of consecutive sentences shall apply only if none of the crimes involved is:

      (a) Murder, as defined in ORS 163.115 or any aggravated form thereof;

      (b) Assault in the first degree, as defined in ORS 163.185;

      (c) Kidnapping in the first degree, as defined in ORS 163.235;

      (d) Rape in the first degree, as defined in ORS 163.375;

      (e) Sodomy in the first degree, as defined in ORS 163.405;

      (f) Unlawful sexual penetration, as defined in ORS 163.411;

      (g) Arson in the first degree, as defined in ORS 164.325; or

      (h) Treason, as defined in ORS 166.005.

      (3) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of its members that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security.

      (4) The State Board of Parole and Post-Prison Supervision shall use the method set forth in subsections (1) to (3) of this section to determine the parole release date for any person serving a sentence in the custody of the Department of Corrections for crimes committed before or after July 11, 1987. [1987 c.634 §§4,7; 1989 c.641 §1; 1991 c.126 §4; 1991 c.386 §7]

 

      Note: 144.079 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      144.080 [Amended by 1955 c.688 §4; repealed by 1969 c.597 §281]

 

      144.085 Active parole and post-prison supervision; minimum amounts; extension. (1) All prisoners sentenced to prison for more than 12 months shall serve active periods of parole or post-prison supervision as follows:

      (a) Six months of active parole or post-prison supervision for crimes in crime categories one to three;

      (b) Twelve months of active parole or post-prison supervision for crimes in crime categories four to 10;

      (c) Prisoners sentenced as dangerous offenders under ORS 161.725 and 161.735, for aggravated murder under ORS 163.105 or for murder under ORS 163.115 shall serve at least three years of active parole or post-prison supervision;

      (d) Prisoners sentenced for violating or attempting to violate ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427 shall serve a term of parole that extends for the entire term of the offender’s sentence or a term of post-prison supervision as provided in ORS 144.103; and

      (e) Prisoners sentenced for robbery in the first degree under ORS 164.415 or for arson in the first degree under ORS 164.325 shall serve three years of active parole or post-prison supervision.

      (2) Except as authorized in subsections (3) and (4) of this section, when an offender has served the active period of parole or post-prison supervision established under subsection (1)(a) or (b) of this section, the supervisory authority shall place the offender on inactive supervision status.

      (3) No sooner than 30 days prior to the expiration of an offender’s active parole or post-prison supervision period as provided in subsection (1) of this section, the supervisory authority may send to the State Board of Parole and Post-Prison Supervision a report requesting the board to extend the active supervision period or to return the offender to active supervision status, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if the offender has not substantially fulfilled the supervision conditions or has failed to complete payment of restitution. The report shall include:

      (a) An evaluation of the offender’s compliance with supervision conditions;

      (b) The status of the offender’s court-ordered monetary obligations, including fines and restitution, if any;

      (c) The offender’s employment status;

      (d) The offender’s address;

      (e) Treatment program outcome;

      (f) Any new criminal activity; and

      (g) A recommendation that the board extend the supervision period or return the offender to active supervision status.

      (4) After reviewing the report submitted under subsection (3) of this section, the board may extend the active supervision period or return the offender to active supervision status, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if it finds the offender has not substantially fulfilled the supervision conditions or has failed to complete payment of restitution.

      (5) During the pendency of any violation proceedings, the running of the supervision period and the sentence is stayed, and the board has jurisdiction over the offender until the proceedings are resolved.

      (6) The board shall send written notification to the supervised offender of the expiration of the sentence. [1993 c.680 §4; 1995 c.202 §1; 1995 c.423 §22; 1999 c.161 §2; 2006 c.1 §4]

 

      Note: 144.085 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      144.087 “Supervisory authority” defined. (1) As used in ORS 137.124, 144.085 and 423.478, ORS chapter 144 and this section, “supervisory authority” means the state or local corrections agency or official designated in each county by that county’s board of county commissioners or county court to operate corrections supervision services, custodial facilities or both.

      (2) Except as provided in ORS 137.124, 137.593 (2)(d) and 423.478, all terms of imprisonment or incarceration of 12 months or less must be served at the direction of the supervisory authority.

      (3) Nothing in this section is intended to repeal ORS 169.320 to 169.360, or in any way affect the sheriff’s authority, duties and liabilities set forth in ORS 169.320 to 169.360. [1995 c.423 §27; 1996 c.4 §11]

 

      Note: 144.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      144.090 [Amended by 1969 c.502 §4; repealed by 1969 c.597 §281]

 

      144.095 [1967 c.526 §3; 1969 c.314 §7; repealed by 1969 c.597 §281]

 

POST-PRISON SUPERVISION

 

      144.096 Release plan; contents. (1)(a) The Department of Corrections shall prepare a proposed release plan for an inmate prior to the inmate’s release from prison.

      (b) The department shall submit the proposed release plan to the State Board of Parole and Post-Prison Supervision not less than 60 days prior to the inmate’s release.

      (c) If the proposed release plan is not approved by the board, the board shall return the plan to the department with its recommended modifications. The department shall submit a revised plan to the board not less than 10 days prior to the inmate’s release.

      (d) If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the inmate’s release.

      (2) The local supervisory authority that is responsible for correctional services for an inmate shall prepare a proposed release plan for the inmate prior to the inmate’s release from jail. The local supervisory authority shall approve the release plan under its rules.

      (3) A release plan prepared under subsection (1) or (2) of this section must include:

      (a) A description of support services and program opportunities available to the inmate;

      (b) The recommended conditions of post-prison supervision;

      (c) The level of supervision that shall be consistent with the inmate’s risk assessment classification;

      (d) Any other conditions and requirements as may be necessary to promote public safety;