2007 Oregon Code - Chapter 144 :: Chapter 144 - Parole - Post-Prison Supervision - Work Release - Executive Clemency - Standards for Prison Terms and Parole - Presentence Reports
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)
144.005Â Â Â Â State
Board of Parole and Post-Prison Supervision; term; compensation
144.015Â Â Â Â Confirmation
by Senate
144.025Â Â Â Â Chairperson;
quorum
144.035Â Â Â Â Board
hearings; panels; exception
144.040Â Â Â Â Power
of board to determine parole and post-prison supervision violations
144.050Â Â Â Â Power
of board to grant parole; rules
144.054Â Â Â Â When
board decision must be reviewed by full board
(Generally)
144.059Â Â Â Â State
Board of Parole and Post-Prison Supervision Account
144.060Â Â Â Â Acceptance
of funds, grants or donations; contracts with federal government and others
144.075Â Â Â Â Payment
of expenses of returning violators of parole or post-prison supervision,
conditional pardon or commutation
144.079Â Â Â Â Determination
of total term of certain consecutive sentences of imprisonment; summing of
sentences; exceptions
144.085Â Â Â Â Active
parole and post-prison supervision; minimum amounts; extension
144.087    “Supervisory
authority” defined
POST-PRISON SUPERVISION
144.096Â Â Â Â Release
plan; contents
144.098Â Â Â Â Review
of release plan
144.101Â Â Â Â BoardÂ’s
jurisdiction over conditions of post-prison supervision
144.102Â Â Â Â Conditions
of post-prison supervision
144.103Â Â Â Â Term
of post-prison supervision for person convicted of certain offenses
144.104Â Â Â Â Supervisory
authority; revising conditions
144.106Â Â Â Â Violation
of post-prison supervision conditions; sanctions
144.107Â Â Â Â Sanctions
for violations of conditions of post-prison supervision; rules
144.108Â Â Â Â Recommitment
to prison for certain violations; procedure; effect of recommitment; victimÂ’s
rights regarding hearing
144.109Â Â Â Â Violation
of post-prison supervision by sexually violent dangerous offender; sanction;
local custody; maximum period
PAROLE PROCESS
144.110Â Â Â Â Restriction
on parole of persons sentenced to minimum terms
144.120Â Â Â Â Initial
parole hearing; initial release date determination; delay of initial
determination; notification of victim
144.122Â Â Â Â Advancing
initial release date; requirements; rules
144.123Â Â Â Â Who
may accompany person to parole hearing; rules
144.125Â Â Â Â Review
of parole plan, psychological reports and conduct prior to release; release
postponement; criteria for parole plan; Department of Corrections assistance;
rules
144.126Â Â Â Â Advancing
release date of prisoner with severe medical condition including terminal
illness or who is elderly and permanently incapacitated; rules
144.130Â Â Â Â Prisoner
to have access to written materials considered at hearings or interviews;
access procedures
144.135Â Â Â Â Bases
of parole decisions to be in writing
144.140Â Â Â Â Rules
144.185Â Â Â Â Records
and information available to board
144.223Â Â Â Â Examination
by psychiatrist or psychologist of parole candidate; report; copies to affected
persons
144.226Â Â Â Â Examination
by psychiatrist or psychologist of person sentenced as dangerous offender;
report
144.228Â Â Â Â Periodic
parole consideration hearings for dangerous offenders; setting of parole date;
information to be considered
144.232Â Â Â Â Release
of dangerous offender to post-prison supervision; eligibility; hearing
144.245Â Â Â Â Date
of release on parole; effect of release order
144.260Â Â Â Â Notice
of prospective release on parole or post-prison supervision of inmate
144.270Â Â Â Â Conditions
of parole
144.275Â Â Â Â Parole
of inmates sentenced to make financial restitution; schedule of payments
TERMINATION OF PAROLE
144.315Â Â Â Â Evidence
admissible before board; rules
144.317Â Â Â Â Appointment
of attorneys; payment
144.331Â Â Â Â Suspension
of parole or post-prison supervision; custody of violator; revocation hearing
before suspension
144.334Â Â Â Â Use
of citations for parole or post-prison supervision violators; conditions;
appearance
144.335Â Â Â Â Appeal
from order of board to Court of Appeals; appointment of master; costs
144.337Â Â Â Â Public
Defense Services Commission to provide counsel for eligible petitioner
144.340Â Â Â Â Power
to retake and return violators of parole and post-prison supervision
144.341Â Â Â Â Procedure
upon arrest of violator
144.343Â Â Â Â Hearing
required on revocation; procedure; victimÂ’s rights regarding hearing
144.345Â Â Â Â Revocation
of parole; effect of conviction for crime
144.346Â Â Â Â Parole
revocation sanctions; rules
144.347Â Â Â Â Compelling
witnesses; subpoena power; fees
144.349Â Â Â Â When
ORS 144.343 does not apply
144.350Â Â Â Â Order
for arrest and detention of escapee or violator of parole, post-prison
supervision, probation, conditional pardon or other conditional release;
investigation by department
144.360Â Â Â Â Effect
of order for arrest and detention of violator
144.370Â Â Â Â Suspension
of parole or post-prison supervision following order for arrest and detention;
hearing
144.374Â Â Â Â Deputization
of persons in other states to act in returning
144.376Â Â Â Â Contracts
for sharing expense with other states of cooperative returns of parole and
post-prison supervision violators
144.380Â Â Â Â After
suspension of parole, post-prison supervision or revocation of conditional
pardon or probation, violator is fugitive from justice
144.395Â Â Â Â Rerelease
of persons whose parole has been revoked; rules
SEIZURE OF PROPERTY BY PAROLE AND PROBATION
OFFICERS
144.404Â Â Â Â Department
of Corrections authority to receive, hold and dispose of property
144.405Â Â Â Â Duty
of officer upon seizure; disposition of property if no claim to rightful
possession is established
144.406Â Â Â Â Petition
for return of things seized
144.407Â Â Â Â Grounds
for valid claim to rightful possession
144.408Â Â Â Â Hearing
on petition
144.409Â Â Â Â Granting
petition for return of things seized; judicial review
WORK RELEASE PROGRAM
144.410Â Â Â Â Definitions
for ORS 144.410 to 144.525
144.420Â Â Â Â Department
of Corrections to administer work release program; purposes of release; housing
of parolee
144.430Â Â Â Â Duties
of department in administering program
144.440Â Â Â Â Recommendation
by sentencing court
144.450Â Â Â Â Approval
or rejection of recommendations; rules; exemptions from Administrative
Procedures Act
144.460Â Â Â Â Contracts
for quartering of enrollees
144.470Â Â Â Â Disposition
of enrolleeÂ’s compensation under program; rules
144.480Â Â Â Â Protections
and benefits for enrollees
144.490Â Â Â Â Status
of enrollees
144.500Â Â Â Â Effect
of violation or unexcused absence by enrollee
144.515Â Â Â Â Release
terminates enrollment; continued employment to be sought
144.522Â Â Â Â Revolving
fund
144.525Â Â Â Â Custody
of enrollee earnings deducted or otherwise retained by department
INTERSTATE COMPACT FOR ADULT OFFENDER
SUPERVISION
144.600Â Â Â Â Interstate
Compact for Adult Offender Supervision
144.602Â Â Â Â Short
title
144.603Â Â Â Â Withdrawal
from compact
UNIFORM ACT FOR OUT-OF-STATE SUPERVISION
144.610Â Â Â Â Out-of-state
supervision of parolees; contract with other states
144.613Â Â Â Â Notice
when parole or probation violated; hearing; report to sending state; taking
person into custody
144.615Â Â Â Â Hearing
procedure
144.617Â Â Â Â Hearing
on violation in another state; effect of record in such hearing
144.620Â Â Â Â Short
title
144.622    “Parole”
and “parolee” defined for Uniform Act for Out-of-State Supervision
SEX OFFENDERS; SPECIAL PROVISIONS
(Pilot Treatment Program)
144.625Â Â Â Â Hormone
or antiandrogen pilot treatment program; establishment; eligibility
144.627Â Â Â Â Rules
144.629Â Â Â Â Payment
of costs
144.631Â Â Â Â Use
of hormone or antiandrogen treatment with persons not included in pilot program
(Sexually Violent Dangerous Offenders)
144.635Â Â Â Â Intensive
supervision; duration
144.637Â Â Â Â Rules
144.639Â Â Â Â Projecting
number of persons to be classified as sexually violent dangerous offenders;
budgeting
(Sex Offender Residence Requirements)
144.641Â Â Â Â Definitions
144.642Â Â Â Â Criteria
for determining residence; Department of Corrections; rules; matrix
144.644Â Â Â Â Criteria
for determining residence; State Board of Parole and Post-Prison Supervision;
rules; matrix
144.646Â Â Â Â Use
of rules and matrix by community corrections agency
EXECUTIVE CLEMENCY
144.649Â Â Â Â Granting
reprieves, commutations and pardons generally; remission of penalties and
forfeitures
144.650Â Â Â Â Notice
of intention to apply for pardon, commutation or remission; proof of service
144.660Â Â Â Â Communication
to legislature by Governor
144.670Â Â Â Â Filing
of papers by Governor
MISCELLANEOUS PROVISIONS
144.710Â Â Â Â Cooperation
of public officials with State Board of Parole and Post-Prison Supervision and
Department of Corrections
144.720Â Â Â Â JudgeÂ’s
power to suspend execution of sentence or grant probation prior to commitment
ADVISORY COMMISSION ON PRISON TERMS AND
PAROLE STANDARDS
144.775Â Â Â Â Commission
members; terms; compensation; rules on duration of prison terms
144.780Â Â Â Â Rules
on duration of imprisonment; objectives; considerations in prescribing rules
144.783Â Â Â Â Duration
of term of imprisonment when prisoner is sentenced to consecutive terms
144.785Â Â Â Â Rules
on duration of prison terms when aggravating or mitigating circumstances exist;
limitation on terms; dangerous offenders
144.787Â Â Â Â Rules
on age or physical disability of victim constituting aggravating circumstance
PRESENTENCE REPORTS
144.791Â Â Â Â 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 stateÂ’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 prisonerÂ’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 offenderÂ’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 offenderÂ’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 offenderÂ’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 countyÂ’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 sheriffÂ’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 inmateÂ’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 inmateÂ’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 inmateÂ’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 inmateÂ’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 inmateÂ’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 inmateÂ’s risk assessment classification;
     (d) Any other conditions and requirements
as may be necessary to promote public safety;
     (e) For all inmates whose sentence to make
restitution under ORS 137.106 has been suspended for the term of imprisonment,
a restitution payment schedule; and
     (f) Any conditions necessary to assist the
reformation of the inmate. [1989 c.790 §32; 1997 c.525 §6]
     Note: Section 31, chapter 790, Oregon Laws 1989,
provides:
     Sec.
31. Sections 32 to 36 of
this 1989 Act [144.096, 144.098, 144.102, 144.104, 144.106 and 144.108] apply
only to defendants convicted of a felony committed on or after November 1,
1989. [1989 c.790 §31]
     144.098
Review of release plan. (1)
When the State Board of Parole and Post-Prison Supervision or a local
supervisory authority responsible for correctional services for an inmate
reviews an inmateÂ’s release plan prior to approval of the plan as required by
ORS 144.096, it may interview the inmate and may review the following
information:
     (a) Reports of any physical, psychiatric
or psychological examinations of the inmate;
     (b) The presentence investigation report
specified by ORS 144.791 or, if no such report has been prepared, a report of
similar content prepared by institutional staff;
     (c) The record of the inmate’s conduct
during confinement; and
     (d) Any other information relevant to the
inmateÂ’s reintegration into the community that may be submitted by the inmate,
the inmateÂ’s attorney, the victim of the crime, the Department of Corrections,
local corrections agencies or any other person.
     (2) If the board reviews a release plan,
the board must attempt to notify the victim before the review of the release
plan by sending written notice to the victim if the victim requests to be
notified and furnishes the board with a current address. The notice must inform
the victim that the victim may submit information concerning the inmate and the
crime to the board for the boardÂ’s consideration.
     (3) The department or local corrections
agency shall provide to the board or local supervisory authority reviewing the
release plan any psychiatric or psychological reports held by the department or
local corrections agency regarding the inmate. However, if the psychiatrist or
psychologist who prepared the report or any treating psychiatrist or
psychologist determines that disclosure to the inmate of the contents of the
report would be detrimental to the inmateÂ’s mental or emotional health, the
psychiatrist or psychologist may indorse upon the report a recommendation that
it not be disclosed to the inmate. The department or local corrections agency
may withhold from the board or supervisory authority reviewing the plan any
report so indorsed. [1989 c.790 §32b; 1997 c.525 §7]
     Note: See note under 144.096.
     144.100 [Repealed by 1967 c.419 §68]
     144.101
BoardÂ’s jurisdiction over conditions of post-prison supervision. (1) The State Board of Parole and
Post-Prison Supervision has jurisdiction over imposition of conditions of
post-prison supervision and sanctioning for violations of those conditions for
a person convicted of a felony if:
     (a) The term of imprisonment imposed on
the person is more than 12 months;
     (b) The felony is classified as crime
category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission;
     (c) The person is subject to a sentence
under ORS 137.700 or 137.707;
     (d) The person is sentenced as a dangerous
offender under ORS 161.725 and 161.737;
     (e) The person is subject to a term of
post-prison supervision under ORS 144.103;
     (f) The person is committed to the custody
of the Department of Corrections under ORS 137.124;
     (g) The responsibility for correctional
services for the person has reverted to the department under ORS 423.483; or
     (h) No local supervisory authority is
responsible for correctional services for the person under the laws of this
state.
     (2) Except as provided in subsection (1)
of this section, a local supervisory authority has jurisdiction over imposition
of conditions of post-prison supervision and sanctions for violations of those
conditions for a person sentenced to a term of imprisonment of 12 months or
less.
     (3) If a local supervisory authority
imposes conditions of post-prison supervision or sanctions for violations of
those conditions, the person may request the board to review the conditions or
sanctions. The board shall review the request and may, at its discretion,
review the conditions and sanctions, under rules adopted by the board.
     (4) Nothing in this section affects the
jurisdiction of the board over imposition of conditions of parole and
sanctioning for violations of those conditions. [1997 c.525 §3; 1999 c.59 §28;
2006 c.1 §5]
     144.102
Conditions of post-prison supervision. (1) The State Board of Parole and Post-Prison Supervision or local
supervisory authority responsible for correctional services for a person shall
specify in writing the conditions of post-prison supervision imposed under ORS
144.096. A copy of the conditions shall be given to the person upon release
from prison or jail.
     (2) The board or the supervisory authority
shall determine, and may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the person shall:
     (a) Comply with the conditions of
post-prison supervision as specified by the board or supervisory authority.
     (b) Be under the supervision of the
Department of Corrections and its representatives or other supervisory
authority and abide by their direction and counsel.
     (c) Answer all reasonable inquiries of the
board, the department or the supervisory authority.
     (d) Report to the parole officer as
directed by the board, the department or the supervisory authority.
     (e) Not own, possess or be in control of
any weapon.
     (f) Respect and obey all municipal,
county, state and federal laws.
     (g) Understand that the board or
supervisory authority may, at its discretion, punish violations of post-prison
supervision.
     (h) Attend a victim impact treatment
session in a county that has a victim impact program. If the board or
supervisory authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional condition of
post-prison supervision, to pay a reasonable fee to the victim impact program
to offset the cost of the personÂ’s participation. The board or supervisory
authority may not order a person to pay a fee in excess of $5 under this
paragraph.
     (i) If required to report as a sex
offender under ORS 181.595, report with the Department of State Police, a chief
of police, a county sheriff or the supervising agency:
     (A) When supervision begins;
     (B) Within 10 days of a change in
residence;
     (C) Once each year within 10 days of the
personÂ’s date of birth;
     (D) Within 10 days of the first day the
person works at, carries on a vocation at or attends an institution of higher
education; and
     (E) Within 10 days of a change in work,
vocation or attendance status at an institution of higher education.
     (3)(a) The board or supervisory authority
may establish special conditions as the board or supervisory authority
determines necessary because of the individual circumstances of the person on
post-prison supervision.
     (b) If the person is on post-prison
supervision following conviction of a sex crime, as defined in ORS 181.594, the
board or supervisory authority shall include all of the following as special
conditions of the personÂ’s post-prison supervision:
     (A) Agreement to comply with any curfew
set by the board, the supervisory authority or the supervising officer.
     (B) A prohibition against contacting a
person under 18 years of age without the prior written approval of the board,
supervisory authority or supervising officer.
     (C) A prohibition against being present more
than one time, without the prior written approval of the board, supervisory
authority or supervising officer, at a place where persons under 18 years of
age regularly congregate.
     (D) In addition to the prohibition under
subparagraph (C) of this paragraph, a prohibition against being present,
without the prior written approval of the board, supervisory authority or
supervising officer, at, or on property adjacent to, a school, child care
center, playground or other place intended for use primarily by persons under
18 years of age.
     (E) A prohibition against working or
volunteering at a school, child care center, park, playground or other place
where persons under 18 years of age regularly congregate.
     (F) Entry into and completion of or
successful discharge from a sex offender treatment program approved by the
board, supervisory authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible for paying for
the treatment program.
     (G) A prohibition against any contact with
the victim, directly or indirectly, unless approved by the victim, the personÂ’s
treatment provider and the board, supervisory authority or supervising officer.
     (H) Unless otherwise indicated for the
treatment required under subparagraph (F) of this paragraph, a prohibition
against viewing, listening to, owning or possessing any sexually stimulating
visual or auditory materials that are relevant to the personÂ’s deviant
behavior.
     (I) Agreement to consent to a search of
the person or the vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the representative has
reasonable grounds to believe that evidence of a violation of a condition of
post-prison supervision will be found.
     (J) Participation in random polygraph
examinations to obtain information for risk management and treatment. The
person is responsible for paying the expenses of the examinations. The results
of a polygraph examination under this subparagraph may not be used in evidence
in a hearing to prove a violation of post-prison supervision.
     (K) Maintenance of a driving log and a
prohibition against driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
     (L) A prohibition against using a
post-office box unless approved by the board, supervisory authority or
supervising officer.
     (M) A prohibition against residing in any
dwelling in which another sex offender who is on probation, parole or
post-prison supervision resides unless approved by the board, supervisory
authority or supervising officer, or in which more than one other sex offender
who is on probation, parole or post-prison supervision resides unless approved
by the board or the director of the supervisory authority, or a designee of the
board or director. As soon as practicable, the supervising officer of a person
subject to the requirements of this subparagraph shall review the personÂ’s
living arrangement with the personÂ’s sex offender treatment provider to ensure
that the arrangement supports the goals of offender rehabilitation and
community safety. As used in this subparagraph:
     (i) “Dwelling” has the meaning given that
term in ORS 469.160.
     (ii) “Dwelling” does not include a
residential treatment facility or a halfway house.
     (iii) “Halfway house” means a publicly or
privately operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
     (c)(A) If the person is on post-prison
supervision following conviction of a sex crime, as defined in ORS 181.594, or
an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18
years of age, the board or supervisory authority, if requested by the victim,
shall include as a special condition of the personÂ’s post-prison supervision
that the person not reside within three miles of the victim unless:
     (i) The victim resides in a county having
a population of less than 130,000 and the person is required to reside in that
county under subsection (6) of this section;
     (ii) The person demonstrates to the board
or supervisory authority by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the
crime;
     (iii) The person demonstrates to the board
or supervisory authority by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would be materially
significant in aiding in the rehabilitation of the person or in the success of
the post-prison supervision; or
     (iv) The person resides in a halfway
house. As used in this sub-subparagraph, “halfway house” means a publicly or
privately operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
     (B) A victim may request imposition of the
special condition of post-prison supervision described in this paragraph at the
time of sentencing in person or through the prosecuting attorney. A victimÂ’s
request may be included in the judgment document.
     (C) If the board or supervisory authority
imposes the special condition of post-prison supervision described in this
paragraph and if at any time during the period of post-prison supervision the
victim moves to within three miles of the personÂ’s residence, the board or
supervisory authority may not require the person to change the personÂ’s
residence in order to comply with the special condition of post-prison
supervision.
     (4)(a) The board or supervisory authority
may require the person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
     (A) As determined, imposed or required by
the sentencing court; or
     (B) When previously required as a
condition of any type of supervision that is later revoked.
     (b) The board may require a person to pay
restitution as a condition of post-prison supervision imposed for an offense
other than the offense for which the restitution was ordered if the person:
     (A) Was ordered to pay restitution as a
result of another conviction; and
     (B) Has not fully paid the restitution by
the time the person has completed the period of post-prison supervision imposed
for the offense for which the restitution was ordered.
     (5) A person’s failure to apply for or
accept employment at any workplace where there is a labor dispute in progress
does not constitute a violation of the conditions of post-prison supervision.
As used in this subsection, “labor dispute” has the meaning given that term in
ORS 662.010.
     (6)(a) When a person is released from
imprisonment on post-prison supervision, the board shall order, as a condition
of post-prison supervision, that the person reside for the first six months
after release in the county where the person resided at the time of the offense
that resulted in the imprisonment.
     (b) Upon motion of the board, the person,
a victim or a district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions has been met:
     (A) The person provides proof of
employment with no set ending date in a county other than the established
county of residence;
     (B) The person is found to pose a
significant danger to a victim of the personÂ’s crime, or a victim or victimÂ’s
family is found to pose a significant danger to the person residing in the
established county of residence;
     (C) The person has a spouse or biological
or adoptive family residing in a county other than the established county of
residence who will be materially significant in aiding in the rehabilitation of
the person and in the success of the post-prison supervision;
     (D) As another condition of post-prison
supervision, the person is required to participate in a treatment program that
is not available in the established county of residence;
     (E) The person desires to be released to
another state; or
     (F) The board finds other good cause, of a
nature similar to the other conditions listed in this paragraph, for the
waiver.
     (c)(A) The board shall determine the
county where the person resided at the time of the offense by establishing the
personÂ’s last address at the time of the offense. In making its determination,
the board shall examine all of the following:
     (i) An
     (ii) Records maintained by the Department
of Revenue;
     (iii) Records maintained by the Department
of State Police bureau of criminal identification;
     (iv) Records maintained by the Department
of Human Services; and
     (v) Records maintained by the Department
of Corrections.
     (B) When the person did not have an identifiable
address of record at the time of the offense, the person is considered to have
resided in the county where the offense occurred.
     (C) If the person is serving multiple
sentences, the county of residence shall be determined according to the date of
the last arrest resulting in a conviction.
     (D) In determining the person’s county of
residence for purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a Department of
Corrections facility.
     (7) As used in this section, “attends,” “institution
of higher education,” “works” and “carries on a vocation” have the meanings
given those terms in ORS 181.594. [1989 c.790 §32a; 1991 c.597 §1; 1995 c.423 §23;
1997 c.525 §8; 1997 c.526 §1; 1999 c.474 §1; 1999 c.626 §12; amendments by 1999
c.626 §35 repealed by 2001 c.884 §1; 2001 c.731 §§1,2; 2005 c.532 §1; 2005
c.567 §9; 2005 c.576 §2; 2005 c.642 §2a; 2007 c.71 §37]
     Note: See note under 144.096.
     144.103
Term of post-prison supervision for person convicted of certain offenses. (1) Except as otherwise provided in ORS
137.765 and subsection (2) of this section, any person sentenced to a term of
imprisonment 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
post-prison supervision that continues until the term of the post-prison
supervision, when added to the term of imprisonment served, equals the maximum
statutory indeterminate sentence for the violation.
     (2)(a) A person sentenced to a term of
imprisonment for violating one of the offenses listed in paragraph (b) of this
subsection shall serve a term of post-prison supervision that continues for the
rest of the personÂ’s life if the person was at least 18 years of age at the
time the person committed the crime.
     (b) The offenses to which paragraph (a) of
this subsection applies are:
     (A) ORS 163.375 (1)(b);
     (B) ORS 163.405 (1)(b);
     (C) ORS 163.411 (1)(b); and
     (D) ORS 163.235 when the offense is
committed in furtherance of the commission or attempted commission of rape in
the first degree, sodomy in the first degree or unlawful sexual penetration in
the first degree if the victim is under 12 years of age.
     (c) When a person is sentenced to a term
of post-prison supervision described in paragraph (a) of this subsection, the
person must be actively supervised for at least the first 10 years of the
post-prison supervision and actively tracked for the remainder of the term.
Active tracking may be done by means of an electronic device attached to the
person.
     (3) A person sentenced to a term of
imprisonment for violating ORS 163.185 (1)(b) shall serve a term of post-prison
supervision that continues until the term of the post-prison supervision, when
added to the term of imprisonment served, equals the maximum statutory
indeterminate sentence for the violation.
     (4) Any costs incurred as a result of this
section shall be paid by increased post-prison supervision fees under ORS
423.570. [1991 c.831 §1; 1993 c.301 §4; 1999 c.161 §1; 1999 c.163 §5;
subsection (2) of 2005 Edition enacted as 2005 c.513 §2; 2006 c.1 §2]
     Note: Section 3 (1), chapter 1, Oregon Laws 2006,
provides:
     Sec.
3. (1) The amendments to ORS
137.700 and 144.103 by sections 1 and 2 of this 2006 Act apply to a person
convicted of a crime that was committed on or after the effective date of this
2006 Act [April 24, 2006]. [2006 c.1 §3(1)]
     Note: 144.103 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 144 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     144.104
Supervisory authority; revising conditions. (1) Upon release from prison, the person shall be supervised by the
Department of Corrections or other supervisory authority.
     (2) During the period of post-prison
supervision, the supervisory authority may adjust the level of supervision and
recommend to the State Board of Parole and Post-Prison Supervision revisions to
the conditions of supervision appropriate to the released personÂ’s conduct in
the community. [1989 c.790 §§33,34; 1995 c.423 §24]
     Note: See note under 144.096.
     144.105 [1967 c.560 §4; repealed by 1969 c.597 §281]
     144.106
Violation of post-prison supervision conditions; sanctions. (1) Except as otherwise provided by rules of
the Department of Corrections and the State Board of Parole and Post-Prison
Supervision concerning parole and post-prison supervision violators, the
supervisory authority shall use a continuum of administrative sanctions for
violations of the conditions of post-prison supervision.
     (2) The sanction continuum shall include
adjustments to the level of supervision and, as approved by the board or the
local supervisory authority that imposed the initial conditions of post-prison
supervision:
     (a) Modification of or additions to the
conditions of supervision; and
     (b) Any other appropriate available local
sanctions including, but not limited to, jail, community service work, house
arrest, electronic surveillance, restitution centers, work release centers, day
centers or other local sanctions established by agreement with the supervisory
authority.
     (3) An offender may not be confined in a
restitution center, work release center or jail for more than 15 days for a
violation of conditions of post-prison supervision unless:
     (a) The Department of Corrections, county
corrections agency or supervisory authority imposes a local sanction under
subsection (1) of this section; or
     (b) The board or its designated
representative initiates a hearing for the purpose of imposing a sanction under
ORS 144.107 or 144.108.
     (4) A hearing before the board is not
required if the department, a county corrections agency or the supervisory
authority imposes a local sanction under subsection (3) of this section.
However, the board may conduct a hearing under the procedures in ORS 144.343
and 144.347 and impose a different sanction on the offender than that imposed
by the department, a county corrections agency or the supervisory authority. [1989
c.790 §35; 1991 c.836 §1; 1997 c.525 §4]
     Note: See note under 144.096.
     144.107
Sanctions for violations of conditions of post-prison supervision; rules. (1) The State Board of Parole and
Post-Prison Supervision and the Department of Corrections, in consultation with
local supervisory authorities, shall jointly adopt rules under this section to
establish sanctions and procedures to impose sanctions for a violation of the
conditions of post-prison supervision for a person serving a term of
post-prison supervision subject to subsections (2) and (3) of this section.
     (2) The rules adopted under subsection (1)
of this section apply only to a person serving a term of post-prison
supervision for a felony committed on or after July 14, 1997.
     (3) In addition to the limitation under
subsection (2) of this section, the rules adopted under subsection (1) of this
section apply only to a person serving a term of post-prison supervision:
     (a) That follows the completion of a
sentence to a term of imprisonment that exceeds 12 months;
     (b) That is imposed for a felony that is
classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission;
     (c) That is imposed as part of a sentence
under ORS 137.700 or 137.707;
     (d) That is imposed as part of a sentence
as a dangerous offender under ORS 161.725 and 161.737; or
     (e) That is subject to ORS 144.103.
     (4) The board shall adopt rules under
subsection (1) of this section that include, but need not be limited to, a
sanction under ORS 144.108 of imprisonment in a correctional facility for a
period that may exceed 12 months. The rules adopted by the board may not allow
the imposition of more than 24 months of imprisonment as a sanction without a
subsequent hearing to determine whether additional imprisonment is appropriate.
A subsequent hearing must follow the same procedures as those used in an
initial hearing under ORS 144.108.
     (5) The rules adopted under subsection (1)
of this section must provide that the total time served in Department of
Corrections institutions by an offender who is sanctioned under the rules,
including the time served on the initial sentence and all periods of
incarceration served as sanctions in Department of Corrections institutions,
may not exceed the greater of:
     (a) The length of incarceration plus the
length of post-prison supervision imposed by the court unless the offender was
sentenced under ORS 137.765;
     (b) A maximum term of imprisonment imposed
by the court; or
     (c) If the offender was sentenced under
ORS 137.765, the length of the maximum statutory indeterminate sentence for the
crime of conviction.
     (6) As used in this section, “Department
of Corrections institutions” has the same meaning given that term in ORS
421.005. [1997 c.525 §2; 1999 c.163 §6; 2006 c.1 §6]
     144.108
Recommitment to prison for certain violations; procedure; effect of
recommitment; victimÂ’s rights regarding hearing. (1) If the violation of post-prison
supervision is new criminal activity or if the supervisory authority finds that
the continuum of sanctions is insufficient punishment for a violation of the
conditions of post-prison supervision, the supervisory authority may:
     (a) Impose the most restrictive sanction
available, including incarceration in jail;
     (b) Request the State Board of Parole and
Post-Prison Supervision to impose a sanction under subsection (2) of this
section; or
     (c) Request the board to impose a sanction
under ORS 144.107.
     (2) If so requested, the board or its
designated representative shall hold a hearing to determine whether
incarceration in a jail or state correctional facility is appropriate. Except
as otherwise provided by rules of the board and the Department of Corrections
concerning parole and post-prison supervision violators, the board may impose a
sanction up to the maximum provided by rules of the Oregon Criminal Justice
Commission. In conducting a hearing pursuant to this subsection, the board or
its designated representative shall follow the procedures and the offender
shall have all the rights described in ORS 144.343 and 144.347 relating to
revocation of parole.
     (3) A person who is ordered to serve a
term of incarceration in a jail or state correctional facility as a sanction
for a post-prison supervision violation is not eligible for:
     (a) Earned credit time as described in ORS
169.110 or 421.121;
     (b) Transitional leave as defined in ORS
421.168; or
     (c) Temporary leave as described in ORS
169.115 or 421.165 (1987 Replacement Part).
     (4) A person who is ordered to serve a
term of incarceration in a state correctional facility as a sanction for a
post-prison supervision violation shall receive credit for time served on the
post-prison supervision violation prior to the boardÂ’s imposition of the term
of incarceration.
     (5)(a) The victim has the right:
     (A) Upon request made within the time
period prescribed in the notice required by ORS 147.417, to be notified by the
board of any hearing before the board that may result in a revocation sanction
for a post-prison supervision violation;
     (B) To appear personally at the hearing;
and
     (C) If present, to reasonably express any
views relevant to the issues before the board.
     (b) Failure of the board to notify the
victim under paragraph (a) of this subsection or failure of the victim to
appear at the hearing does not affect the validity of the proceeding. [1989
c.790 §36; 1995 c.423 §17; 1997 c.313 §13; 1997 c.525 §5]
     Note: See note under 144.096.
     144.109
Violation of post-prison supervision by sexually violent dangerous offender;
sanction; local custody; maximum period. When a person has been sentenced as a sexually violent dangerous
offender under ORS 137.765, the maximum period of local custody to which the
State Board of Parole and Post-Prison Supervision or the local supervisory
authority may sanction the offender for any violation of post-prison
supervision is 180 days. Notwithstanding ORS 161.605, the sanction may be
imposed repeatedly during the term of the post-prison supervision for
subsequent post-prison supervision violations. However, the board or local
supervisory authority may impose only a single sanction for all violations
known to the board or local supervisory authority as of the date that the
sanction is imposed. [1999 c.163 §2]
     Note: 144.109 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.
PAROLE
PROCESS
     144.110
Restriction on parole of persons sentenced to minimum terms. (1) In any felony case, the court may impose
a minimum term of imprisonment of up to one-half of the sentence it imposes.
     (2) Notwithstanding the provisions of ORS
144.120 and 144.780:
     (a) The State Board of Parole and
Post-Prison Supervision shall not release a prisoner on parole who has been
sentenced under subsection (1) of this section until the minimum term has been
served, except upon affirmative vote of a majority of the members of the board.
     (b) The board shall not release a prisoner
on parole:
     (A) Who has been convicted of murder
defined as aggravated murder under the provisions of ORS 163.095, except as
provided in ORS 163.105; or
     (B) Who has been convicted of murder under
the provisions of ORS 163.115, except as provided in ORS 163.115 (5)(c) to (f).
[1977 c.372 §4; 1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47; 2007 c.717 §3]
     Note: Section 28, chapter 790, Oregon Laws 1989,
provides:
     Sec.
28. The provisions of ORS
144.110, 144.120, 144.122, 144.125, 144.130, 144.135, 144.185, 144.223, 144.245
and 144.270 apply only to offenders convicted of a crime committed prior to
November 1, 1989, and to offenders convicted of aggravated murder or murder
regardless of the date of the crime. [1989 c.790 §28; 1999 c.782 §2]
     144.120
Initial parole hearing; initial release date determination; delay of initial
determination; notification of victim. (1)(a) Within six months of the admission of a prisoner to any
Department of Corrections institution, with the exception of those prisoners
sentenced to a term of imprisonment for life or for more than five years, the
State Board of Parole and Post-Prison Supervision shall conduct a parole
hearing to interview the prisoner and set the initial date of release on parole
pursuant to subsection (2) of this section. For those prisoners sentenced to a
term of imprisonment for more than five years but less than 15 years, the board
shall conduct the parole hearing and set the initial date of release within
eight months following admission of the prisoner to the institution. For those
prisoners sentenced to a term of imprisonment for life or for 15 years or more,
with the exception of those sentenced for aggravated murder or murder, the
board shall conduct the parole hearing, and shall set the initial release date,
within one year following admission of the prisoner to the institution. Release
shall be contingent upon satisfaction of the requirements of ORS 144.125.
     (b) Those prisoners sentenced to a term of
imprisonment for less than 15 years for commission of an offense designated by
rule by the board as a non person-to-person offense may waive their rights to
the parole hearing. When a prisoner waives the parole hearing, the initial date
of release on parole may be set administratively by the board pursuant to
subsections (2) to (6) of this section. If the board is not satisfied that the
waiver was made knowingly or intelligently or if it believes more information
is necessary before making its decision, it may order a hearing.
     (2) In setting the initial parole release
date for a prisoner pursuant to subsection (1) of this section, the board shall
apply the appropriate range established pursuant to ORS 144.780. Variations
from the range shall be in accordance with ORS 144.785.
     (3) In setting the initial parole release
date for a prisoner pursuant to subsection (1) of this section, the board shall
consider the presentence investigation report specified in ORS 144.791 or, if
no such report has been prepared, a report of similar content prepared by the
Department of Corrections.
     (4) Notwithstanding subsection (1) of this
section, in the case of a prisoner whose offense included particularly violent
or otherwise dangerous criminal conduct or whose offense was preceded by two or
more convictions for a Class A or Class B felony or whose record includes a
psychiatric or psychological diagnosis of severe emotional disturbance such as
to constitute a danger to the health or safety of the community, the board may
choose not to set a parole date.
     (5) After the expiration of six months after
the admission of the prisoner to any Department of Corrections institution, the
board may defer setting the initial parole release date for the prisoner for a
period not to exceed 90 additional days pending receipt of psychiatric or
psychological reports, criminal records or other information essential to
formulating the release decision.
     (6) When the board has set the initial
parole release date for a prisoner, it shall inform the sentencing court of the
date.
     (7) The State Board of Parole and Post-Prison
Supervision must attempt to notify the victim, if the victim requests to be
notified and furnishes the board a current address, and the district attorney
of the committing county at least 30 days before all hearings by sending
written notice to the current addresses of both. The victim, personally or by
counsel, and the district attorney from the committing jurisdiction shall have
the right to appear at any hearing or, in their discretion, to submit a written
statement adequately and reasonably expressing any views concerning the crime
and the person responsible. The victim and the district attorney shall be given
access to the information that the board or division will rely upon and shall
be given adequate time to rebut the information. Both the victim and the
district attorney may present information or evidence at any hearing, subject
to such reasonable rules as may be imposed by the officers conducting the
hearing. For the purpose of this subsection, “victim” includes the actual
victim, a representative selected by the victim, the victimÂ’s next of kin or,
in the case of abuse of corpse in any degree, an appropriate member of the
immediate family of the decedent. [1977 c.372 §5; 1981 c.426 §1; 1985 c.283 §2;
1987 c.2 §14; 1987 c.320 §51; 1987 c.881 §1; 1989 c.589 §3; 1991 c.126 §6; 1993
c.294 §5; 1999 c.782 §3; 2001 c.104 §48]
     Note: See note under 144.110.
     144.122
Advancing initial release date; requirements; rules. (1) After the initial parole release date
has been set under ORS 144.120 and after a minimum period of time established
by the State Board of Parole and Post-Prison Supervision under subsection
(2)(a) of this section, the prisoner may request that the parole release date
be reset to an earlier date. The board may grant the request upon a
determination by the board that continued incarceration is cruel and inhumane
and that resetting the release date to an earlier date is not incompatible with
the best interests of the prisoner and society and that the prisoner:
     (a) Has demonstrated an extended course of
conduct indicating outstanding reformation;
     (b) Suffers from a severe medical
condition including terminal illness; or
     (c) Is elderly and is permanently
incapacitated in such a manner that the prisoner is unable to move from place
to place without the assistance of another person.
     (2) The Advisory Commission on Prison
Terms and Parole Standards may propose to the board and the board shall adopt
rules:
     (a) Establishing minimum periods of time
to be served by prisoners before application may be made for a reset of release
date under subsection (1) of this section;
     (b) Detailing the criteria set forth under
subsection (1) of this section for the resetting of a parole release date; and
     (c) Establishing criteria for parole
release plans for prisoners released under this section that, at a minimum,
must insure appropriate supervision and services for the person released.
     (3) The provisions of subsection (1)(b) of
this section apply to prisoners sentenced in accordance with ORS 161.610.
     (4) The provisions of this section do not
apply to prisoners sentenced to life imprisonment without the possibility of
release or parole under ORS 138.012 or 163.150. [1983 c.489 §2; 1991 c.133 §1;
1993 c.198 §1; 1999 c.1055 §13; 2001 c.104 §49]
     Note: See note under 144.110.
     144.123
Who may accompany person to parole hearing; rules. When appearing before the State Board of
Parole and Post-Prison Supervision an inmate shall have the right to be
accompanied by a person of the inmateÂ’s choice pursuant to rule promulgated
jointly by the State Board of Parole and Post-Prison Supervision and the
Department of Corrections. [1981 c.644 §1; 1987 c.320 §52]
     Note: 144.123 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.
     144.125
Review of parole plan, psychological reports and conduct prior to release;
release postponement; criteria for parole plan; Department of Corrections
assistance; rules. (1) Prior
to the scheduled release of any prisoner on parole and prior to release
rescheduled under this section, the State Board of Parole and Post-Prison
Supervision may upon request of the Department of Corrections or on its own
initiative interview the prisoner to review the prisonerÂ’s parole plan and
psychiatric or psychological report, if any, and the record of the prisonerÂ’s
conduct during confinement. To accommodate such review by the board, the
Department of Corrections shall provide to the board any psychiatric or
psychological reports held by the department regarding the prisoner. However,
if the psychiatrist or psychologist who prepared any report or any treating
psychiatrist or psychologist determines that disclosure to the prisoner of the
contents of the report would be detrimental to the prisonerÂ’s mental or
emotional health, the psychiatrist or psychologist may indorse upon the report
a recommendation that it not be disclosed to the prisoner. The department may
withhold from the board any report so indorsed.
     (2) The board shall postpone a prisoner’s
scheduled release date if it finds, after a hearing, that the prisoner engaged
in serious misconduct during confinement. The board shall adopt rules defining
serious misconduct and specifying periods of postponement for such misconduct.
     (3)(a) If the board finds the prisoner has
a present severe emotional disturbance such as to constitute a danger to the
health or safety of the community, the board may order the postponement of the
scheduled parole release until a specified future date.
     (b) If the board finds the prisoner has a
present severe emotional disturbance such as to constitute a danger to the
health or safety of the community, but also finds that the prisoner can be
adequately controlled with supervision and mental health treatment and that the
necessary supervision and treatment are available, the board may order the
prisoner released on parole subject to conditions that are in the best
interests of community safety and the prisonerÂ’s welfare.
     (4) Each prisoner shall furnish the board
with a parole plan prior to the scheduled release of the prisoner on parole.
The board shall adopt rules specifying the elements of an adequate parole plan
and may defer release of the prisoner for not more than three months if it
finds that the parole plan is inadequate. The Department of Corrections shall
assist prisoners in preparing parole plans. [1977 c.372 §6; 1981 c.426 §2; 1987
c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999 c.141 §1]
     Note: See note under 144.110.
     144.126
Advancing release date of prisoner with severe medical condition including
terminal illness or who is elderly and permanently incapacitated; rules. (1) The State Board of Parole and Post-Prison
Supervision may advance the release date of a prisoner who was sentenced in
accordance with rules of the Oregon Criminal Justice Commission or ORS 161.610.
The release date may be advanced if the board determines that continued
incarceration is cruel and inhumane and that advancing the release date of the
prisoner is not incompatible with the best interests of the prisoner and
society and that the prisoner is:
     (a) Suffering from a severe medical
condition including terminal illness; or
     (b) Elderly and permanently incapacitated
in such a manner that the prisoner is unable to move from place to place
without the assistance of another person.
     (2) The board shall adopt rules
establishing criteria for release plans for prisoners released under this
section that, at a minimum, must insure appropriate supervision and services
for the person released.
     (3) The provisions of this section do not
apply to prisoners sentenced to life imprisonment without the possibility of
release or parole under ORS 138.012 or 163.150. [1989 c.790 §27a; 1991 c.133 §2;
1993 c.198 §2; 1999 c.1055 §14]
     Note: 144.126 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.
     144.130
Prisoner to have access to written materials considered at hearings or interviews;
access procedures. (1)
Notwithstanding the provisions of ORS 179.495, prior to a parole hearing or
other personal interview, each prisoner shall have access to the written
materials which the board shall consider with respect to the release of the
prisoner on parole, with the exception of materials exempt from disclosure
under ORS 192.502 (5).
     (2) The board and the Director of the
Department of Corrections shall jointly adopt procedures for a prisonerÂ’s
access to written materials pursuant to this section. [1977 c.372 §8; 1987
c.320 §54; 1997 c.825 §2]
     Note: See note under 144.110.
     144.135
Bases of parole decisions to be in writing. The board shall state in writing the detailed bases of its decisions
under ORS 144.110 to 144.125. [1977 c.372 §9]
     Note: See note under 144.110.
     144.140
Rules. (1) The State Board
of Parole and Post-Prison Supervision may adopt rules to carry out its
responsibilities under the sentencing guidelines system.
     (2) The board shall comply with the
rulemaking provisions of ORS chapter 183 in the adoption, amendment or repeal
of rules pursuant to ORS 144.125, 144.130, 144.395 and 144.780 to 144.791 or
this section. [1977 c.372 §17; 1989 c.790 §27b]
     144.175 [1973 c.694 §4; repealed by 1977 c.372 §18]
     144.180 [1973 c.694 §5; repealed by 1977 c.372 §18]
     144.183 [Repealed by 1974 c.36 §28]
     144.185
Records and information available to board. Before making a determination regarding a prisonerÂ’s release on parole
as provided by ORS 144.125, the State Board of Parole and Post-Prison
Supervision may cause to be brought before it current records and information
regarding the prisoner, including:
     (1) Any relevant information which may be
submitted by the prisoner, the prisonerÂ’s attorney, the victim of the crime,
the Department of Corrections, or by other persons;
     (2) The presentence investigation report
specified in ORS 144.791 or if no such report has been prepared, a report of
similar content prepared by institutional staff;
     (3) The reports of any physical, mental
and psychiatric examinations of the prisoner;
     (4) The prisoner’s parole plan; and
     (5) Other relevant information concerning
the prisoner as may be reasonably available. [1973 c.694 §6; 1981 c.426 §3;
1985 c.283 §3; 1987 c.320 §55]
     Note: See note under 144.110.
     144.210 [Amended by 1959 c.101 §2; 1967 c.372 §8;
1969 c.597 §113; 1973 c.836 §288; repealed by 1985 c.283 §1]
     144.220 [Amended by 1959 c.101 §3; 1973 c.836 §289;
repealed by 1975 c.564 §1 (144.221 enacted in lieu of 144.220)]
     144.221 [1975 c.564 §2 (enacted in lieu of 144.220);
repealed by 1977 c.372 §18]
     144.223
Examination by psychiatrist or psychologist of parole candidate; report; copies
to affected persons. (1) The
State Board of Parole and Post-Prison Supervision may require any prisoner
being considered for parole to be examined by a psychiatrist or psychologist
before being released on parole.
     (2) Within 60 days after the examination,
the examining psychiatrist or psychologist shall file a written report of the
findings and conclusions of the psychiatrist or psychologist relative to the
examination with the chairperson of the State Board of Parole and Post-Prison
Supervision. A certified copy of the report shall be sent to the convicted
person, to the attorney of the convicted person and to the executive officer of
the Department of Corrections institution in which the convicted person is
confined. [1977 c.379 §2; 1987 c.320 §56]
     Note: See note under 144.110.
     144.226
Examination by psychiatrist or psychologist of person sentenced as dangerous
offender; report. (1) Any
person sentenced under ORS 161.725 and 161.735 as a dangerous offender shall
within 120 days prior to the parole consideration hearing under ORS 144.228 or
the last day of the required incarceration term established under ORS 161.737
and at least every two years thereafter be given a complete mental and
psychiatric or psychological examination by a psychiatrist or psychologist
appointed by the State Board of Parole and Post-Prison Supervision. Within 60
days after the examination, the examining psychiatrist or psychologist shall
file a written report of findings and conclusions relative to the examination
with the Director of the Department of Corrections and chairperson of the State
Board of Parole and Post-Prison Supervision.
     (2) The examining psychiatrist or
psychologist shall include in the report a statement as to whether or not in
the psychiatristÂ’s or psychologistÂ’s opinion the convicted person has mental
retardation or any mental or emotional disturbance, condition or disorder
predisposing the person to the commission of any crime to a degree rendering
the examined person a danger to the health or safety of others. The report
shall also contain any other information which the examining psychiatrist or
psychologist believes will aid the State Board of Parole and Post-Prison
Supervision in determining whether the examined person is eligible for release.
The report shall also state the progress or changes in the condition of the
examined person as well as any recommendations for treatment. A certified copy
of the report shall be sent to the convicted person, to the convicted personÂ’s
attorney and to the executive officer of the Department of Corrections
institution in which the convicted person is confined. [1955 c.636 §4; 1961
c.424 §5; 1969 c.597 §114; 1971 c.743 §338; 1973 c.836 §290; 1981 c.644 §4;
1987 c.320 §57; 1989 c.790 §78; 1991 c.318 §1; 1993 c.334 §2; 2005 c.481 §1;
2007 c.70 §36]
     144.228
Periodic parole consideration hearings for dangerous offenders; setting of
parole date; information to be considered. (1)(a) Within six months after commitment to the custody of the
Department of Corrections of any person sentenced under ORS 161.725 and 161.735
as a dangerous offender, the State Board of Parole and Post-Prison Supervision
shall set a date for a parole consideration hearing instead of an initial
release date as otherwise required under ORS 144.120 and 144.125. The parole
consideration hearing date shall be the time the prisoner would otherwise be
eligible for parole under the boardÂ’s rules.
     (b) At the parole consideration hearing,
the prisoner shall be given a release date in accordance with the rules of the
board if the board finds the prisoner no longer dangerous or finds that the
prisoner remains dangerous but can be adequately controlled with supervision
and mental health treatment and that the necessary resources for supervision and
treatment are available to the prisoner. If the board is unable to make such
findings, reviews will be conducted at least once every two years until the
board is able to make such findings, at which time release on parole shall be
ordered if the prisoner is otherwise eligible under the rules. In no event
shall the prisoner be held beyond the maximum sentence less good time credits
imposed by the court.
     (c) Nothing in this section shall preclude
a prisoner from submitting a request for a parole consideration hearing prior
to the earliest time the prisoner is eligible for parole or a two-year review.
Should the board find, based upon the request, that there is a reasonable cause
to believe that the prisoner is no longer dangerous or that necessary supervision
and treatment are available based upon the information provided in the request,
it shall conduct a review as soon as is reasonably convenient.
     (2) For the parole consideration hearing,
the board shall cause to be brought before it and consider all information
regarding such person. The information shall include:
     (a) The written report of the examining
psychiatrist or psychologist which shall contain all the facts necessary to
assist the State Board of Parole and Post-Prison Supervision in making its determination.
The report of the examining psychiatrist or psychologist shall be made within
two months of the date of its consideration; and
     (b) A written report to be made by the
executive officer of the Department of Corrections institution in which the person
has been confined. The executive officerÂ’s report shall contain:
     (A) A detailed account of the person’s
conduct while confined, all infractions of rules and discipline, all punishment
meted out to the person and the circumstances connected therewith, as well as
the extent to which the person has responded to the efforts made in the
institution to improve the personÂ’s mental and moral condition.
     (B) A statement as to the person’s present
attitude towards society, towards the sentencing judge, towards the prosecuting
district attorney, towards the arresting police officer and towards the personÂ’s
previous criminal career.
     (C) The work and program record of the
person while in or under the supervision of the Department of Corrections. The
program history shall include a summary of any psychological or substance abuse
treatment and other activities that will assist the board in understanding the
psychological adjustment and social skills and habits of the person and that
will assist the board in determining the likelihood for successful community
reentry. [1955 c.636 §5; 1961 c.424 §6; 1971 c.743 §339; 1973 c.836 §291; 1981
c.644 §5; 1985 c.283 §4; 1987 c.320 §58; 1991 c.318 §2; 1993 c.334 §3]
     144.230 [Amended by 1963 c.625 §1; repealed by 1971
c.743 §432]
     144.232
Release of dangerous offender to post-prison supervision; eligibility; hearing. (1) A person sentenced under ORS 161.725 and
161.735 as a dangerous offender for felonies committed on or after November 1,
1989, shall be considered for release to post-prison supervision. The offender
is eligible for release to post-prison supervision after having served the
required incarceration term established under ORS 161.737.
     (2) The State Board of Parole and
Post-Prison Supervision shall hold a release hearing no later than 10 days
prior to the date on which the offender becomes eligible for release on
post-prison supervision as provided in subsection (1) of this section.
     (3) The dangerous offender’s eligibility
for and release to post-prison supervision shall be determined in a manner
consistent with the procedures and criteria required by ORS 144.228 for the
parole determination process applicable to dangerous offenders sentenced for
crimes committed prior to November 1, 1989.
     (4) An offender released under this
section shall serve the remainder of the sentence term imposed under ORS
161.725, 161.735 and 161.737 on post-prison supervision, however:
     (a) Notwithstanding ORS 137.010 or the
rules of the Oregon Criminal Justice Commission, the State Board of Parole and
Post-Prison Supervision may sanction an offender to the supervision of the
local authority for a maximum period of 180 days for any supervision violation.
The sanction may be imposed repeatedly during the term of post-prison
supervision for subsequent supervision violations.
     (b) After release under this section, the
board may at any time return the offender to prison and require the offender to
submit to a psychiatric or psychological examination as provided for in ORS
144.226. If the board finds that the offenderÂ’s dangerousness has returned and
cannot be adequately controlled with supervision and mental and physical health
treatment, or that resources for supervision and treatment are not available to
the offender, the board may defer the offenderÂ’s release from prison for an
indefinite period of time. An offender returned to prison under this paragraph
is entitled to periodic reviews once every two years for possible release to
post-prison supervision as provided by subsection (3) of this section. [1989
c.790 §80; 1993 c.334 §4; 1995 c.423 §18]
     144.240 [Repealed by 1973 c.694 §26]
     144.245
Date of release on parole; effect of release order. (1) When the State Board of Parole and
Post-Prison Supervision has set a date on which a prisoner is to be released
upon parole, the prisoner shall be released on that date unless the prisoner on
that date remains subject to an unexpired minimum term during which the
prisoner is not eligible for parole, in which case the prisoner shall not be
released until the expiration of the minimum term.
     (2) When the board has not set a date on
which a prisoner is to be released upon parole, the prisoner shall be released
upon a date six months prior to the expiration of the prisonerÂ’s term as
computed under ORS 421.120 and 421.122 unless the prisoner on that date remains
subject to an unexpired minimum term during which the prisoner is not eligible
for parole, in which case the prisoner shall not be released until the
expiration of the minimum term.
     (3) In no case does a prisoner have a
right to refuse an order granting the prisoner release upon parole. [1985 c.53 §§2,3]
     Note: See note under 144.110.
     144.250 [Amended by 1973 c.836 §292; repealed by
1973 c.694 §26; see 144.183]
     144.260
Notice of prospective release on parole or post-prison supervision of inmate. (1) Prior to the release on parole or
post-prison supervision of a convicted person from a Department of Corrections
institution, the chairperson of the State Board of Parole and Post-Prison
Supervision shall inform the Department of Corrections, the district attorney
and the sheriff or arresting agency of the prospective date of release and of
any special conditions thereof and shall inform the sentencing judge and the
trial counsel upon request. If the person is a sex offender, as defined in ORS
181.594, the chairperson shall also inform the chief of police, if the person
is going to reside within a city, and the county sheriff of the county in which
the person is going to reside of the personÂ’s release and the conditions of the
personÂ’s release.
     (2) At least 30 days prior to the release
from actual physical custody of any convicted person, other than by parole or
post-prison supervision, whether such release is pursuant to work release,
institutional leave, or any other means, the Department of Corrections shall
notify the district attorney of the impending release and shall notify the
sentencing judge upon request.
     (3) The victim may request notification of
the release and if the victim has requested notification, the State Board of
Parole and Post-Prison Supervision or the Department of Corrections, as the
case may be, shall notify the victim in the same fashion and under the same
circumstances it is required to give notification to other persons under this
section. [Amended by 1969 c.597 §115; 1973 c.836 §293; 1983 c.635 §1; 1987 c.2 §15;
1987 c.320 §59; 1989 c.790 §29; 1993 c.492 §1; 2001 c.884 §6]
     144.270
Conditions of parole. (1)
The State Board of Parole and Post-Prison Supervision, in releasing a person on
parole, shall specify in writing the conditions of the parole and a copy of
such conditions shall be given to the person paroled.
     (2) The board shall determine, and may at
any time modify, the conditions of parole, which may include, among other
conditions, that the parolee shall:
     (a) Accept the parole granted subject to
all terms and conditions specified by the board.
     (b) Be under the supervision of the
Department of Corrections and its representatives and abide by their direction
and counsel.
     (c) Answer all reasonable inquiries of the
board or the parole officer.
     (d) Report to the parole officer as
directed by the board or parole officer.
     (e) Not own, possess or be in control of
any weapon.
     (f) Respect and obey all municipal,
county, state and federal laws.
     (g) Understand that the board may, in its
discretion, suspend or revoke parole if it determines that the parole is not in
the best interest of the parolee, or in the best interest of society.
     (3)(a) The board may establish such special
conditions as it determines are necessary because of the individual
circumstances of the parolee.
     (b) If the person is on parole following
conviction of a sex crime, as defined in ORS 181.594, the board shall include
all of the following as special conditions of the personÂ’s parole:
     (A) Agreement to comply with any curfew
set by the board or the supervising officer.
     (B) A prohibition against contacting a
person under 18 years of age without the prior written approval of the board or
supervising officer.
     (C) A prohibition against being present
more than one time, without the prior written approval of the board or
supervising officer, at a place where persons under 18 years of age regularly
congregate.
     (D) In addition to the prohibition under
subparagraph (C) of this paragraph, a prohibition against being present,
without the prior written approval of the board or supervising officer, at, or
on property adjacent to, a school, child care center, playground or other place
intended for use primarily by persons under 18 years of age.
     (E) A prohibition against working or
volunteering at a school, child care center, park, playground or other place
where persons under 18 years of age regularly congregate.
     (F) Entry into and completion of or
successful discharge from a sex offender treatment program approved by the
board or supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for the treatment
program.
     (G) A prohibition against any contact with
the victim, directly or indirectly, unless approved by the victim, the personÂ’s
treatment provider and the board or supervising officer.
     (H) Unless otherwise indicated for the
treatment required under subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually stimulating visual or
auditory materials that are relevant to the personÂ’s deviant behavior.
     (I) Agreement to consent to a search of
the person or the vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable grounds to
believe that evidence of a violation of a condition of parole will be found.
     (J) Participation in random polygraph
examinations to obtain information for risk management and treatment. The
person is responsible for paying the expenses of the examinations. The results
of a polygraph examination under this subparagraph may not be used in evidence
in a hearing to prove a violation of parole.
     (K) Maintenance of a driving log and a
prohibition against driving a motor vehicle alone unless approved by the board
or supervising officer.
     (L) A prohibition against using a
post-office box unless approved by the board or supervising officer.
     (M) A prohibition against residing in any
dwelling in which another sex offender who is on probation, parole or
post-prison supervision resides unless approved by the board or supervising
officer, or in which more than one other sex offender who is on probation,
parole or post-prison supervision resides unless approved by the board or a
designee of the board. As soon as practicable, the supervising officer of a
person subject to the requirements of this subparagraph shall review the personÂ’s
living arrangement with the personÂ’s sex offender treatment provider to ensure
that the arrangement supports the goals of offender rehabilitation and
community safety. As used in this subparagraph:
     (i) “Dwelling” has the meaning given that
term in ORS 469.160.
     (ii) “Dwelling” does not include a
residential treatment facility or a halfway house.
     (iii) “Halfway house” means a publicly or
privately operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
     (c)(A) If the person is on parole
following conviction of a sex crime, as defined in ORS 181.594, or an assault,
as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age,
the board, if requested by the victim, shall include as a special condition of
the personÂ’s parole that the person not reside within three miles of the victim
unless:
     (i) The victim resides in a county having
a population of less than 130,000 and the person is required to reside in that
county under subsection (5) of this section;
     (ii) The person demonstrates to the board
by a preponderance of the evidence that no mental intimidation or pressure was
brought to bear during the commission of the crime;
     (iii) The person demonstrates to the board
by a preponderance of the evidence that imposition of the condition will
deprive the person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of the parole; or
     (iv) The person resides in a halfway
house. As used in this sub-subparagraph, “halfway house” means a publicly or
privately operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
     (B) A victim may request imposition of the
special condition of parole described in this paragraph at the time of
sentencing in person or through the prosecuting attorney. A victimÂ’s request
may be included in the judgment document.
     (C) If the board imposes the special
condition of parole described in this paragraph and if at any time during the
period of parole the victim moves to within three miles of the paroleeÂ’s
residence, the board may not require the parolee to change the paroleeÂ’s
residence in order to comply with the special condition of parole.
     (4) It is not a cause for revocation of
parole that the parolee failed to apply for or accept employment at any
workplace where there is a labor dispute in progress. As used in this
subsection, “labor dispute” has the meaning given that term in ORS 662.010.
     (5)(a) When the board grants an inmate
parole from the custody of the Department of Corrections, the board shall
order, as a condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the offense that
resulted in the imprisonment.
     (b) Upon motion of the board, an inmate, a
victim or a district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions has been met:
     (A) The inmate provides proof of a job
with no set ending date in a county other than the established county of
residence;
     (B) The inmate is found to pose a
significant danger to the victim of the offenderÂ’s crime, or the victim or
victimÂ’s family is found to pose a significant danger to the inmate residing in
the county of residence;
     (C) The inmate has a spouse or biological
or adoptive family residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the offender and in
the success of the parole;
     (D) As another condition of parole, the
inmate is required to participate in a treatment program that is not available
or located in the county of residence;
     (E) The inmate desires to be paroled to
another state; or
     (F) The board finds other good cause, of a
nature similar to the other conditions listed in this paragraph, for the
waiver.
     (c)(A) For purposes of this subsection, “residency”
means the last address at the time of the offense, as established by an
examination of all of the following:
     (i) An
     (ii) Records maintained by the Department
of Revenue;
     (iii) Records maintained by the Department
of State Police bureau of criminal identification;
     (iv) Records maintained by the Department
of Human Services; and
     (v) Records maintained by the Department
of Corrections.
     (B) When an inmate did not have one
identifiable address of record at the time of the offense, the inmate shall be
considered to have resided in the county where the offense occurred.
     (C) If the inmate is serving multiple
sentences, the county of residence shall be determined according to the date of
the last arrest resulting in a conviction.
     (D) If the inmate is being rereleased
after revocation of parole, the county of residence shall be determined according
to the date of the arrest resulting in a conviction of the underlying offense.
     (E) In determining the inmate’s county of
residence, a conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be considered.
     (6) When the board grants an inmate parole
from the custody of the Department of Corrections and if the inmate is required
to report as a sex offender under ORS 181.595, the board, as a condition of
parole, shall order the inmate to report with the Department of State Police, a
chief of police, a county sheriff or the supervising agency:
     (a) When supervision begins;
     (b) Within 10 days of a change in
residence;
     (c) Once each year within 10 days of the
inmateÂ’s date of birth;
     (d) Within 10 days of the first day the
person works at, carries on a vocation at or attends an institution of higher
education; and
     (e) Within 10 days of a change in work,
vocation or attendance status at an institution of higher education.
     (7) As used in this section, “attends,” “institution
of higher education,” “works” and “carries on a vocation” have the meanings
given those terms in ORS 181.594. [Amended by 1973 c.694 §7; 1973 c.836 §294;
1974 c.36 §5; 1987 c.320 §60; 1987 c.780 §4; 1989 c.1023 §1; 1991 c.278 §1;
1999 c.239 §3; 1999 c.626 §13; amendments by 1999 c.626 §36 repealed by 2001
c.884 §1; 2001 c.731 §§3,4; 2005 c.532 §2; 2005 c.567 §10; 2005 c.576 §3; 2005
c.642 §3a; 2007 c.71 §38]
     Note: See note under 144.110.
     144.275
Parole of inmates sentenced to make financial restitution; schedule of
payments. Whenever the State
Board of Parole and Post-Prison Supervision orders the release on parole of an
inmate who has been ordered to pay compensatory fines pursuant to ORS 137.101
or to make restitution pursuant to ORS 137.106, but with respect to whom
payment of all or a portion of the fine or restitution was suspended until the
release of the inmate from imprisonment, the board may establish a schedule by
which payment of the compensatory fine or restitution shall be resumed. In
fixing the schedule and supervising the paroled inmateÂ’s performance
thereunder, the board shall consider the factors specified in ORS 137.106 (4).
The board shall provide to the sentencing court a copy of the schedule and any
modifications thereof. [1977 c.271 §6; 1989 c.46 §1; 2003 c.670 §2]
     Note: 144.275 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.
     144.305 [1987 c.2 §16; 1991 c.148 §1; repealed by
1993 c.680 §7]
     144.310 [Amended by 1963 c.625 §2; 1973 c.694 §18;
1973 c.836 §295; 1974 c.36 §6; 1981 c.425 §1; 1987 c.320 §61; repealed by 1993
c.680 §7]
TERMINATION OF
PAROLE
     144.315
Evidence admissible before board; rules. Evidence may be received in proceedings conducted by the State Board
of Parole and Post-Prison Supervision even though inadmissible under rules of
evidence applicable to court procedure and the board shall establish procedures
to regulate and provide for the nature and extent of the proofs and evidence
and method of taking and furnishing the same in order to afford the inmate a
reasonable opportunity for a fair hearing. The procedures shall include the
means of determining good cause not to allow confrontation of witnesses or
disclosure of the identity of informants who would be subject to risk of harm
if their identity is disclosed. [1973 c.694 §22]
     144.317
Appointment of attorneys; payment. (1) The State Board of Parole and Post-Prison Supervision shall have
the power to appoint attorneys, at board expense, to represent indigent
parolees and offenders on post-prison supervision if the request and
determination provided in ORS 144.343 (3)(f) have been made.
     (2) Upon completion of the parole or
post-prison supervision revocation hearing, the board shall determine whether
the person for whom counsel was appointed pursuant to subsection (1) of this
section is able to pay a portion of the attorney fees to be paid by the board.
In determining whether the person is able to pay such portion, the board shall
take into account the other financial obligations of the person, including any
existing fines or orders to make restitution. If the board determines that the
person is able to pay such portion, the board may order, as a condition of
parole or post-prison supervision, that the person pay the portion to the
appropriate officer of the state. [1973 c.694 §23; 1981 c.644 §6; 1987 c.803 §16;
1989 c.790 §40]
     144.320 [Repealed by 1961 c.412 §5]
     144.330 [Amended by 1973 c.836 §296; repealed by
1973 c.694 §8 (144.331 enacted in lieu of 144.330)]
     144.331
Suspension of parole or post-prison supervision; custody of violator;
revocation hearing before suspension. (1) The State Board of Parole and Post-Prison Supervision may suspend
the parole or post-prison supervision of any person under its jurisdiction upon
being informed and having reasonable grounds to believe that the person has
violated the conditions of parole or post-prison supervision and may order the
arrest and detention of such person. The written order of the board is
sufficient warrant for any law enforcement officer to take into custody such
person. A sheriff, municipal police officer, constable, parole and probation
officer, prison official or other peace officer shall execute the order.
     (2) The board or its designated
representative may proceed to hearing as provided in ORS 144.343 without first
suspending the parole or post-prison supervision or ordering the arrest and
detention of any person under its jurisdiction upon being informed and having
reasonable grounds to believe that the person under its jurisdiction has
violated a condition of parole and that revocation of parole may be warranted or
that the person under its jurisdiction has violated a condition of post-prison
supervision and that incarceration for the violation may be warranted.
     (3) During the pendency of any post-prison
supervision violation proceedings, the period of post-prison supervision is
stayed and the board has jurisdiction over the offender until the proceedings
are resolved. [1973 c.694 §9 (enacted in lieu of 144.330); 1977 c.375 §1; 1991
c.108 §1; 2005 c.264 §13]
     144.333 [Repealed by 1974 c.36 §28]
     144.334
Use of citations for parole or post-prison supervision violators; conditions;
appearance. (1) In addition
to the authority granted under ORS 144.331 and 144.370, the State Board of
Parole and Post-Prison Supervision may authorize the use of citations to direct
alleged parole or post-prison supervision violators to appear before the board
or its designated representative. The following apply to the use of citations
under this section:
     (a) The board may authorize issuance of
citations only by officers who are permitted under ORS 144.350 to arrest and
detain.
     (b) Nothing in this subsection limits the
authority, under ORS 144.350, of a supervising officer or other officer to
arrest an alleged parole or post-prison supervision violator.
     (2) The board may impose any conditions
upon an authorization under this section that the board considers appropriate.
The conditions may include, but are not limited to, requirements that citation
authority be sought on a case-by-case basis, citation authority be granted in
all cases that meet certain conditions, citation authority be allowed for
certain types of cases or designation of certain cases be made where citations
shall not be used.
     (3) The cited offender shall appear before
the board or its designated representative at the time, date and place
specified in the citation. If the offender fails to appear as required, the
board may issue a suspend and detain order upon its own motion or upon request
of the supervising officer. [1991 c.836 §4]
     Note: 144.334 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.
     144.335
Appeal from order of board to Court of Appeals; appointment of master; costs. (1) A person over whom the State Board of
Parole and Post-Prison Supervision exercises its jurisdiction may seek judicial
review of a final order of the board as provided in this section if:
     (a) The person is adversely affected or aggrieved
by a final order of the board; and
     (b) The person has exhausted
administrative review as provided by board rule.
     (2) A person requesting administrative
review shall provide the personÂ’s current mailing address in the request. The
board shall mail its order disposing of the request for administrative review
to the person at that address, unless the person has otherwise notified the
board in writing of a change of address.
     (3) The order of the board need not be in
any special form, and the order is sufficient for purposes of judicial review
if it appears that the board acted within the scope of the boardÂ’s authority.
The Court of Appeals may affirm, reverse or remand the order on the same basis
as provided in ORS 183.482 (8). The filing of the petition shall not stay the
boardÂ’s order, but the board may do so, or the court may order a stay upon
application on such terms as it deems proper.
     (4) If a person described in subsection
(1) of this section seeks judicial review of a final order of the board, the
person shall file a petition for judicial review with the Court of Appeals
within 60 days after the date the board mails the order disposing of the personÂ’s
request for administrative review. The person shall serve a copy of the
petition for judicial review on the board.
     (5) Within 30 days after being served with
a copy of the petition for judicial review, or such further time as the court
may allow, the board shall:
     (a) Submit to the court the record of the
proceeding or, if the petitioner agrees, a shortened record; and
     (b) Deliver a copy of the record to the
petitioner or the petitionerÂ’s attorney, if the petitioner is represented by an
attorney.
     (6) At any time after submission of the
petitionerÂ’s brief, the court, on its own motion or on motion of the board,
without submission of the boardÂ’s brief and without oral argument, may
summarily affirm the boardÂ’s order if the court determines that the judicial
review does not present a substantial question of law. Notwithstanding ORS
2.570, the Chief Judge, or other judge of the Court of Appeals designated by
the Chief Judge, may, on behalf of the Court of Appeals, deny or, if the
petitioner does not oppose the motion, grant the boardÂ’s motion for summary
affirmance. A summary affirmance under this subsection constitutes a decision
on the merits of the petitionerÂ’s issues on judicial review.
     (7) During the pendency of judicial review
of an order, if the board withdraws the order for the purpose of
reconsideration and thereafter issues an order on reconsideration, and the
petitioner wishes to proceed with the judicial review, the petitioner need not
seek administrative review of the order on reconsideration and need not file a
new petition for judicial review. The petitioner shall file, within a time established
by the court, a notice of intent to proceed with judicial review.
     (8) In the case of disputed allegations of
irregularities in procedure before the board not shown in the record that, if
proved, would warrant reversal or remand, the Court of Appeals may refer the
allegations to a master appointed by the court to take evidence and make
findings of fact upon them.
     (9) If the court determines that a brief
filed by the petitioner, when liberally construed, fails to state a colorable
claim for review, the court may order the petitioner to pay, in addition to the
boardÂ’s recoverable costs, attorney fees incurred by the board not to exceed
$100. If the petitioner moves to dismiss the petition prior to a summary
affirmance described in subsection (6) of this section, the court may not award
costs or attorney fees to the board.
     (10) Upon request by the board, the
Department of Corrections may draw from or charge to the petitionerÂ’s trust
account and pay to the board the amount of any costs or attorney fees awarded
to the board by the court in any judicial review under this section.
     (11) If the petitioner prevails on
judicial review and is represented by an attorney funded by the Public Defense
Services Commission, any recoverable costs shall be paid to the commission. [1973
c.694 §24; 1983 c.740 §18; 1989 c.790 §41; 1993 c.402 §1; 1995 c.108 §3; 1999
c.141 §3; 1999 c.618 §1; 2001 c.661 §1; 2003 c.352 §1; 2007 c.411 §1]
     144.337
Public Defense Services Commission to provide counsel for eligible petitioner. (1) Pursuant to ORS 151.216 and 151.219, the
Public Defense Services Commission shall provide for the representation of
financially eligible persons petitioning for review under ORS 144.335.
     (2) If the commission determines that a
person petitioning for review under ORS 144.335 is not financially eligible for
appointed counsel at state expense, the commission shall promptly notify the
person of the determination and of the personÂ’s right to request review of the
determination by the Court of Appeals. The person may request review of the
commissionÂ’s determination by filing a motion in the Court of Appeals no later
than 60 days after the date of the commissionÂ’s notice.
     (3) The determination of the Court of
Appeals under subsection (2) of this section as to whether the person is
financially eligible is final. [1973 c.694 §25; 2001 c.962 §31; 2003 c.420 §1]
     144.340
Power to retake and return violators of parole and post-prison supervision. (1) The Department of Corrections, in
accordance with the rules and regulations or directions of the State Board of
Parole and Post-Prison Supervision or the Governor, as the case may be, may
cause to have retaken and returned persons to the institution, or to the
supervision of the local supervisory authority, whether in or out of the state,
whenever they have violated the conditions of their parole or post-prison
supervision.
     (2)(a) Persons retaken and returned to
this state from outside the state upon order or warrant of the Department of
Corrections, the State Board of Parole and Post-Prison Supervision or the
Governor, for violation of conditions of parole or post-prison supervision,
shall be detained in a Department of Corrections facility or a local
correctional facility pending any hearing concerning the alleged violation and
ultimate disposition by the State Board of Parole and Post-Prison Supervision.
     (b) Persons retaken and returned to this
state from outside the state upon order or warrant of a local supervisory
authority for violation of conditions of post-prison supervision may be
detained in a local correctional facility pending a hearing concerning the
alleged violation and ultimate disposition by the local supervisory authority.
     (3) Persons retaken and returned to this
state from outside the state under this section are liable for the costs and
expenses of retaking and returning the person upon:
     (a) A finding by the State Board of Parole
and Post-Prison Supervision of present or future ability to pay; and
     (b) Order of the State Board of Parole and
Post-Prison Supervision. [Amended by 1969 c.597 §116; 1973 c.836 §297; 1987
c.320 §62; 1989 c.790 §42; 1991 c.228 §1; 1995 c.423 §19; 1999 c.120 §1]
     144.341
Procedure upon arrest of violator. (1) Except as otherwise provided in subsection (2) of this section, when
the State Board of Parole and Post-Prison Supervision or the Department of
Corrections orders the arrest and detention of an offender under ORS 144.331 or
144.350, the offender arrested shall be held in a county jail for no more than
15 days.
     (2) An offender may be held longer than 15
days:
     (a) If the offender is being held for a
combination of probation and parole violation;
     (b) If the offender is being held pending
prosecution on new criminal charges; or
     (c) Pursuant to an agreement with a local
jail authority. [1993 c.680 §32]
     Note: 144.341 was added to and made a part of ORS
chapter 144 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     144.343
Hearing required on revocation; procedure; victimÂ’s rights regarding hearing. (1) When the State Board of Parole and
Post-Prison Supervision or its designated representative has been informed and
has reasonable grounds to believe that a person under its jurisdiction has violated
a condition of parole and that revocation of parole may be warranted, the board
or its designated representative shall conduct a hearing as promptly as
convenient to determine whether there is probable cause to believe a violation
of one or more of the conditions of parole has occurred and also conduct a
parole violation hearing if necessary. Evidence received and the order of the
court at a preliminary hearing under ORS 135.070 to 135.225 may be used by the
board to determine the existence of probable cause. A waiver by the defendant
of any preliminary hearing shall also constitute a waiver of probable cause
hearing by the board. The location of the hearing shall be reasonably near the
place of the alleged violation or the place of confinement.
     (2) The board may:
     (a) Reinstate or continue the alleged
violator on parole subject to the same or modified conditions of parole;
     (b) Revoke parole and require that the
parole violator serve the remaining balance of the sentence as provided by law;
     (c) Impose sanctions as provided in ORS
144.106; or
     (d) Delegate the authority, in whole or in
part, granted by this subsection to its designated representative as provided
by rule.
     (3) Within a reasonable time prior to the
hearing, the board or its designated representative shall provide the parolee
with written notice which shall contain the following information:
     (a) A concise written statement of the
suspected violations and the evidence which forms the basis of the alleged
violations.
     (b) The parolee’s right to a hearing and
the time, place and purpose of the hearing.
     (c) The names of persons who have given
adverse information upon which the alleged violations are based and the right
of the parolee to have such persons present at the hearing for the purposes of
confrontation and cross-examination unless it has been determined that there is
good cause for not allowing confrontation.
     (d) The parolee’s right to present
letters, documents, affidavits or persons with relevant information at the
hearing unless it has been determined that informants would be subject to risk
of harm if their identity were disclosed.
     (e) The parolee’s right to subpoena
witnesses under ORS 144.347.
     (f) The parolee’s right to be represented
by counsel and, if indigent, to have counsel appointed at board expense if the
board or its designated representative determines, after request, that the
request is based on a timely and colorable claim that:
     (A) The parolee has not committed the
alleged violation of the conditions upon which the parolee is at liberty;
     (B) Even if the violation is a matter of
public record or is uncontested, there are substantial reasons which justify or
mitigate the violation and make revocation inappropriate and that the reasons
are complex or otherwise difficult to develop or present; or
     (C) The parolee, in doubtful cases,
appears to be incapable of speaking effectively on the paroleeÂ’s own behalf.
     (g) That the hearing is being held to
determine:
     (A) Whether there is probable cause to
believe a violation of one or more of the conditions of parole has occurred;
and
     (B) If there is probable cause to believe
a violation of one or more of the conditions of parole has occurred:
     (i) Whether to reinstate parole;
     (ii) Whether to continue the alleged
violator on parole subject to the same or modified conditions of parole; or
     (iii) Whether to revoke parole and require
that the parole violator serve a term of imprisonment consistent with ORS
144.346.
     (4) At the hearing the parolee shall have
the right:
     (a) To present evidence on the parolee’s
behalf, which shall include the right to present letters, documents, affidavits
or persons with relevant information regarding the alleged violations;
     (b) To confront witnesses against the
parolee unless it has been determined that there is good cause not to allow
confrontation;
     (c) To examine information or documents
which form the basis of the alleged violation unless it has been determined
that informants would be subject to risk of harm if their identity is
disclosed; and
     (d) To be represented by counsel and, if
indigent, to have counsel provided at board expense if the request and
determination provided in subsection (3)(f) of this section have been made. If
an indigentÂ’s request is refused, the grounds for the refusal shall be
succinctly stated in the record.
     (5) Within a reasonable time after the
preliminary hearing, the parolee shall be given a written summary of what
transpired at the hearing, including the boardÂ’s or its designated
representativeÂ’s decision or recommendation and reasons for the decision or
recommendation and the evidence upon which the decision or recommendation was
based. If an indigent paroleeÂ’s request for counsel at board expense has been
made in the manner provided in subsection (3)(f) of this section and refused,
the grounds for the refusal shall be succinctly stated in the summary.
     (6)(a) The parolee may admit or deny the
violation without being physically present at the hearing if the parolee
appears before the board or its designee by means of simultaneous television
transmission allowing the board to observe and communicate with the parolee and
the parolee to observe and communicate with the board or by telephonic
communication allowing the board to communicate with the parolee and the parolee
to communicate with the board.
     (b) Notwithstanding paragraph (a) of this
subsection, appearance by simultaneous television transmission or telephonic
communication shall not be permitted unless the facilities used enable the
parolee to consult privately with counsel during the proceedings.
     (7) If the board or its designated
representative has determined that there is probable cause to believe that a
violation of one or more of the conditions of parole has occurred, the hearing
shall proceed to receive evidence from which the board may determine whether to
reinstate or continue the alleged parole violator on parole subject to the same
or modified conditions of parole or revoke parole and require that the parole
violator serve a term of imprisonment as provided by ORS 144.346.
     (8) At the conclusion of the hearing if
probable cause has been determined and the hearing has been held by a member of
the board or by a designated representative of the board, the person conducting
the hearing shall transmit the record of the hearing, together with a proposed
order including findings of fact, recommendation and reasons for the
recommendation to the board. The parolee or the paroleeÂ’s representative shall
have the right to file exceptions and written arguments with the board. The
right to file exceptions and written arguments may be waived. After
consideration of the record, recommendations, exceptions and arguments a quorum
of the board shall enter a final order including findings of fact, its decision
and reasons for the decision.
     (9)(a) The victim has the right:
     (A) Upon request made within the time
period prescribed in the notice required by ORS 147.417, to be notified by the
board of any hearing before the board that may result in the revocation of the
paroleeÂ’s parole;
     (B) To appear personally at the hearing;
and
     (C) If present, to reasonably express any
views relevant to the issues before the board.
     (b) Failure of the board to notify the
victim under paragraph (a) of this subsection or failure of the victim to
appear at the hearing does not affect the validity of the proceeding. [1973
c.694 §13; 1977 c.375 §2; 1981 c.644 §7; 1987 c.158 §20a; 1987 c.803 §17; 1989
c.790 §42a; 1991 c.836 §2; 1993 c.581 §3; 1997 c.313 §12]
     144.345
Revocation of parole; effect of conviction for crime. (1) Except as provided in subsection (2) of
this section, whenever the State Board of Parole and Post-Prison Supervision
considers an alleged parole violator and finds such person has violated one or
more conditions of parole and evidence offered in mitigation does not excuse or
justify the violation, the board may revoke parole.
     (2) When a person released on parole or
post-prison supervision is convicted of a crime and sentenced to a term of
imprisonment at any institution of the Department of Corrections or its
counterpart under the laws of the United States or any other state, such
conviction and sentence shall automatically terminate the personÂ’s parole or
post-prison supervision as of the date of the sentence order. Notwithstanding
any other provision of law, the person shall not be entitled to a hearing under
ORS 144.343 and shall have a rerelease date set as provided by rule. [1973
c.694 §14; 1977 c.372 §16; 1991 c.836 §3]
     144.346
Parole revocation sanctions; rules. The State Board of Parole and Post-Prison Supervision shall adopt
rules to establish parole revocation sanctions for parole violations committed
on or after November 1, 1989. [1989 c.790 §18b; 1997 c.525 §9]
     Note: 144.346 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.
     144.347
Compelling witnesses; subpoena power; fees. (1) Upon request of any party to the hearing provided in ORS 144.343
and upon a proper showing of the general relevance and reasonable scope of the
testimony to be offered, the board or its designated representatives shall
issue subpoenas requiring the attendance and testimony of witnesses. In any
case, the board, on its own motion, may issue subpoenas requiring the
attendance and testimony of witnesses.
     (2) Upon request of any party to the
hearing provided in ORS 144.343 and upon a proper showing of the general
relevance and reasonable scope of the documentary or physical evidence sought,
the board or its designated representative shall issue subpoenas duces tecum.
In any case, the board, on its own motion, may issue subpoenas duces tecum.
     (3) Witnesses appearing under subpoena,
other than the parties or state officers or employees, shall receive fees and
mileage as prescribed by law for witnesses in ORS 44.415 (2). If the board or
its designated representative certifies that the testimony of a witness was
relevant and material, any person who has paid fees and mileage to that witness
shall be reimbursed by the board.
     (4) If any person fails to comply with a
subpoena issued under subsection (1) or (2) of this section or any party or
witness refuses to testify regarding any matter on which the party or witness
may be lawfully interrogated, the judge of the circuit court of any county, on
the application of the board or its designated representative or of the party
requesting the issuance of the subpoena, shall compel obedience by proceedings
for contempt as in the case of disobedience of the requirements of a subpoena
issued by the court. [1973 c.694 §15; 1983 c.489 §3; 1989 c.980 §7]
     144.349
When ORS 144.343 does not apply. When an alleged parole or post-prison supervision violator is in
custody in a state to which the alleged parole or post-prison supervision
violator has not been paroled or released or in federal custody, ORS 144.343
does not apply. [1973 c.694 §16; 1989 c.790 §43]
     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. (1)(a) The
Department of Corrections or other supervisory authority may order the arrest
and detention of any person then under the supervision, custody or control of
the department or other supervisory authority upon being informed and having
reasonable grounds to believe that such person has:
     (A) Violated the conditions of parole,
post-prison supervision, probation, conditional pardon or other conditional
release from custody; or
     (B) Escaped from the supervision, custody
or control of the department or other supervisory authority.
     (b) Before issuing an order under
paragraph (a)(A) of this subsection, the department or other supervisory
authority shall investigate for the purpose of ascertaining whether the terms
of the parole, post-prison supervision, probation, conditional pardon or other
conditional release have been violated.
     (2) Notwithstanding subsection (1) of this
section, the department or other supervisory authority may order the arrest and
detention of any person under its supervision or control if it has reasonable
grounds to believe that such person is a danger to self or to others. A hearing
shall follow as promptly as convenient to the parties to determine whether
probable cause exists to continue detention pending a final determination of
the case.
     (3) As used in this section, “escape”
means the unlawful departure of a person from a correctional facility, as
defined in ORS 162.135, or from the supervision, custody or control of a
corrections officer or other person authorized by the department or supervisory
authority to maintain supervision, custody or control of the person while the
person is outside the correctional facility. [Amended by 1969 c.597 §117; 1981
c.644 §8; 1987 c.320 §63; 1989 c.790 §44; 1995 c.423 §25; 1999 c.120 §2]
     144.360
Effect of order for arrest and detention of violator. Any order issued by the Department of
Corrections or other supervisory authority as authorized by ORS 144.350
constitutes full authority for the arrest and detention of the violator, and
all the laws applicable to warrants of arrest shall apply to such orders. [Amended
by 1973 c.836 §298; 1987 c.320 §64; 1995 c.423 §26]
     144.370
Suspension of parole or post-prison supervision following order for arrest and
detention; hearing. Within
15 days after the issuance of an order, under the provisions of ORS 144.350,
the board may order suspension of the detained personÂ’s parole or post-prison
supervision. A hearing shall then be conducted as promptly as convenient
pursuant to ORS 144.343. [Amended by 1973 c.694 §10; 1973 c.836 §299; 1974 c.36
§7; 1981 c.644 §9; 1983 c.740 §19; 1991 c.108 §2]
     144.374
Deputization of persons in other states to act in returning
     (2) Any person deputized pursuant to
subsection (1) of this section shall have the same powers with respect to the
return of any person who has violated the conditions of parole, post-prison
supervision, conditional pardon or other conditional release from custody as
any peace officer of this state.
     (3) Any person deputized pursuant to
subsection (1) of this section shall carry formal evidence of deputization and
shall produce the same on demand. [1955 c.369 §1; 1969 c.597 §118; 1973 c.836 §300;
1987 c.320 §65; 1989 c.790 §45]
     144.376
Contracts for sharing expense with other states of cooperative returns of parole
and post-prison supervision violators. The Department of Corrections may enter into contracts with similar
officials of any state, for the purpose of sharing an equitable portion of the
cost of effecting the return of any person who has violated the conditions of
parole, post-prison supervision, probation, conditional pardon or other
conditional release. [1955 c.369 §2; 1969 c.597 §119; 1983 c.425 §1; 1987 c.320
§66; 1989 c.790 §46]
     144.380
After suspension of parole, post-prison supervision or revocation of
conditional pardon or probation, violator is fugitive from justice. After the suspension of parole or
post-prison supervision or revocation of probation or conditional pardon of any
convicted person, and until the return of the person to custody, the person
shall be considered a fugitive from justice. [Amended by 1973 c.694 §11; 1989
c.790 §47]
     144.390 [Amended by 1975 c.589 §1; repealed by 1989
c.790 §47a]
     144.395
Rerelease of persons whose parole has been revoked; rules. The board shall adopt rules consistent with
the criteria in ORS 144.780 relating to the rerelease of persons whose parole
has been revoked. [1977 c.372 §7]
     144.400 [Amended by 1973 c.836 §301; repealed by
1973 c.694 §26]
     144.403 [Repealed by 1974 c.36 §28]
SEIZURE OF PROPERTY
BY PAROLE AND PROBATION OFFICERS
     144.404
Department of Corrections authority to receive, hold and dispose of property. The Department of Corrections is authorized
to receive, hold and dispose of contraband, things otherwise criminally
possessed or possessed in violation of parole or post-prison supervision
conditions, or unclaimed goods seized by a parole and probation officer during
the arrest of a suspected parole or post-prison supervision violator or during
the search of the suspected violator or of the premises, vehicle or other
property of the suspected violator. [1991 c.286 §1]
     Note: 144.404 to 144.409 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
144 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     144.405
Duty of officer upon seizure; disposition of property if no claim to rightful possession
is established. (1) Upon
seizing property in execution of duty, a parole and probation officer shall, as
soon thereafter as is reasonably possible, make a written list of the things
seized and furnish a copy to the suspected parole or post-prison supervision
violator. The list shall contain a notice informing the person of the right to
contest the seizure by filing a petition and shall contain such other
information as the Department of Corrections, by rule, may require.
     (2) If no claim of rightful possession has
been established under ORS 144.405 to 144.409, the Department of Corrections
may order the sale, destruction or other disposition of the things seized. The
department may enter into agreements with other state and local officials
responsible under applicable laws for selling, destroying or otherwise
disposing of contraband or unclaimed goods in official custody for ultimate
disposition of the things seized. The clear proceeds, if any, generated by the
disposition of things seized shall be deposited in the State Treasury to the
credit of the General Fund.
     (3) If things seized by a parole and
probation officer in execution of duty are not needed for evidentiary purposes,
and if a person having a rightful claim establishes identity and right to
possession to the satisfaction of the Department of Corrections, the department
may summarily return the things seized to their rightful possessor.
     (4) If the things seized are contraband,
the fruits of crime or things otherwise criminally possessed, the Department of
Corrections may:
     (a) Relinquish custody of the things
seized to appropriate law enforcement officials for disposition; or
     (b) Hold and safeguard the things seized
until directed by appropriate law enforcement officials that the things in
question are no longer needed for purposes of criminal prosecution. [1991 c.286
§2]
     Note: See note under 144.404.
     144.406
Petition for return of things seized. (1) Within 30 days after actual notice of any seizure, or at such
later date as the Department of Corrections in its discretion may allow:
     (a) An individual from whose person,
property or premises things have been seized may petition the department to
return the things seized to the person or premises from which they were seized.
     (b) Any other person asserting a claim to
rightful possession of the things seized may petition the department to restore
the things seized to the person.
     (2) Petitions for return or restoration of
things seized shall be served on the manager of the local field services office
having supervision over the suspected parole or post-prison supervision
violator.
     (3) Service of a petition for the return
or restoration of things seized shall be made by certified or registered mail,
return receipt requested. [1991 c.286 §3]
     Note: See note under 144.404.
     144.407
Grounds for valid claim to rightful possession. A petition for the return or restoration of
things seized shall be based on the ground that the petitioner has a valid
claim to rightful possession because:
     (1) The things had been stolen or
otherwise converted and the petitioner is the owner or rightful possessor;
     (2) The things seized were not, in fact,
subject to seizure in connection with the suspected parole or post-prison
supervision violation;
     (3) Although the things seized were
subject to seizure in connection with a suspected parole or post-prison
supervision violation, the petitioner is or will be entitled to their return or
restoration upon a determination by the Department of Corrections or the State
Board of Parole and Post-Prison Supervision that they are no longer needed for
evidentiary purposes, do not constitute a parole or post-prison supervision
violation or may be lawfully possessed by the petitioner; or
     (4) The suspected parole or post-prison
supervision violator and the department have stipulated that the things seized
may be returned to the petitioner. [1991 c.286 §4]
     Note: See note under 144.404.
     144.408
Hearing on petition. (1) If,
upon consideration of a petition for return or restoration of things seized, it
appears to the Department of Corrections that the things should be returned or
restored, but there is substantial question whether they should be returned to
the person from whose possession they were seized or to some other person, or a
substantial question among several claimants to rightful possession, the
department may set a further hearing, assuring that all persons with a possible
possessory interest in the things in question receive due notice and an
opportunity to be heard. Upon completion of the hearing, the department shall
enter an order for the return or restoration of the things seized.
     (2) Instead of conducting the hearing
provided for in subsection (1) of this section and returning or restoring the
property, the department in its discretion, may leave the several claimants to
appropriate civil process for the determination of the claims. [1991 c.286 §5]
     Note: See note under 144.404.
     144.409
Granting petition for return of things seized; judicial review. (1) In granting a petition for return or
restoration of things seized, the Department of Corrections shall postpone
execution of the order until such time as the things in question are no longer
needed for evidentiary purposes in establishing either a criminal or parole or
post-prison supervision violation.
     (2) Judicial review of a department order
for return or restoration of things seized shall be available as for review of
orders in other than contested cases as provided in ORS chapter 183. [1991
c.286 §6]
     Note: See note under 144.404.
WORK RELEASE
PROGRAM
     144.410
Definitions for ORS 144.410 to 144.525. As used in ORS 144.410 to 144.525, unless the context requires
otherwise:
     (1) “Director” means the Director of the
Department of Corrections.
     (2) “Department” means the Department of
Corrections.
     (3) “Department of Corrections
institutions” has the meaning found in ORS 421.005. [1965 c.463 §1; 1969 c.597 §120;
1973 c.836 §302; 1987 c.320 §67]
     144.420
Department of Corrections to administer work release program; purposes of release;
housing of parolee. (1) The
Department of Corrections shall establish and administer a work release program
in which a misdemeanant or felon may participate, and if confined, be
authorized to leave assigned quarters for the purpose of:
     (a) Participating in an inmate work
program approved by the Director of the Department of Corrections, including
work with public or private agencies or persons, with or without compensation.
     (b) Obtaining in this state additional
education, including but not limited to vocational, technical and general
education.
     (c) Participating in alcohol or drug
treatment programs.
     (d) Participating in mental health
programs.
     (e) Specific treatment to develop
independent living skills.
     (2) The Department of Corrections is
responsible for the quartering and supervision of persons enrolled in the work
release program. The Department of Corrections may house for rehabilitative
purposes, in a work release facility, a parolee under the jurisdiction of the
State Board of Parole and Post-Prison Supervision, with the written consent of
the parolee and the approval of the board, in accordance with procedures
established by the department and the board. [1965 c.463 §2; 1967 c.354 §1;
1969 c.597 §138; 1973 c.242 §1; 1973 c.836 §303; 1974 c.36 §8; 1987 c.320 §68;
1989 c.790 §69; 1991 c.161 §1; 1995 c.384 §3; 1997 c.851 §1]
     144.430
Duties of department in administering program. (1) The Department of Corrections shall
administer the work release program by means of such staff organization and
personnel as the director considers necessary. In addition to other duties, the
department shall:
     (a) Locate employment for qualified
applicants;
     (b) Effect placement of persons under the
work release program;
     (c) Provide security training approved by
the department to persons responsible for supervising persons participating in
an inmate work program;
     (d) Collect, account for and make
disbursements from earnings, if any, of persons under the work release program;
     (e) Generally promote public understanding
and acceptance of the work release program; and
     (f) Establish and maintain community centers.
     (2) The Department of Corrections may
enter into agreements with other public or private agencies or persons for
providing services relating to work release programs.
     (3) In carrying out the provisions of this
section, the Department of Corrections may enter into agreements with the
Department of Human Services to provide such services as determined by the
Department of Corrections and as the Department of Human Services is authorized
to provide under ORS 344.511 to 344.550. [1965 c.463 §3; 1967 c.289 §1; 1969
c.597 §121; 1973 c.836 §304; 1987 c.320 §69; 1995 c.384 §4]
     144.440
Recommendation by sentencing court. When a person is sentenced to the custody of the Department of
Corrections, the court may recommend to the department that the person so sentenced
be granted the option of serving the sentence by enrollment in the work release
program established under ORS 144.420. [1965 c.463 §4; 1973 c.836 §305; 1987
c.320 §70]
     144.450
Approval or rejection of recommendations; rules; exemptions from Administrative
Procedures Act. (1) The
Director of the Department of Corrections shall approve or reject each
recommendation under ORS 144.440 or 421.170 for enrollment in the work release
program. Rejection by the director of a recommendation does not preclude
submission under ORS 421.170 of subsequent recommendations regarding enrollment
of the same person.
     (2) An inmate may be assigned by the
Department of Corrections to participate in an inmate work program, or in
education, alcohol and drug treatment or mental health or other specific
treatment program to develop independent living skills, without the inmateÂ’s
consent.
     (3) The director shall promulgate rules
for carrying out ORS 144.410 to 144.525 and 421.170.
     (4) In approving a recommendation and
enrolling a person in the work release program, or in assigning an inmate to
participate in an inmate work program or in education, alcohol and drug
treatment or mental health or other specific treatment program to develop
independent living skills, the director may prescribe any specific conditions
that the director finds appropriate to assure compliance by the person with the
general procedures and objectives of the work release program.
     (5) ORS 183.410 to 183.500 do not apply to
actions taken under this section. [1965 c.463 §7; 1973 c.621 §8a; 1973 c.836 §306;
1987 c.320 §70a; 1995 c.384 §5; 1997 c.851 §9]
     144.460
Contracts for quartering of enrollees. The Department of Corrections may contract with the governing bodies
of political subdivisions in this state, with the federal government and with
any private agencies approved by the department for the quartering in suitable
local facilities of persons enrolled in work release programs. Each such
facility having six or more residents must be licensed under ORS 443.400 to
443.455 and must satisfy standards established by the Department of Corrections
to ensure adequate supervision, custody, health and safety of persons quartered
therein. [1965 c.463 §8; 1969 c.597 §122; 1969 c.678 §1; 1973 c.836 §307; 1977
c.717 §15; 1987 c.320 §71; 2007 c.71 §39]
     144.470
Disposition of enrolleeÂ’s compensation under program; rules. (1) Each person enrolled in the work release
program shall promptly surrender to the Department of Corrections all
compensation the person receives, if any, other than amounts involuntarily
withheld by the employer of the person.
     (2) The Director of the Department of
Corrections shall adopt rules providing for the disposition of any compensation
earned by persons under this section. [1965 c.463 §9; 1973 c.836 §308; 1987
c.320 §72; 1995 c.384 §6; 1997 c.851 §2]
     144.480
Protections and benefits for enrollees. (1) Persons assigned to participate in an inmate work program
established under ORS 144.420 may be enrolled in an apprenticeship or training
program under ORS 660.002 to 660.210 and are entitled to the protection and
benefits of ORS 660.002 to 660.210 to the same extent as other employees of
their employer, except that the Director of the Department of Corrections shall
establish by rule any compensation paid to such persons and the compensation is
not subject to any provision establishing or requiring a minimum or prevailing
wage unless required to comply with federal law.
     (2) Persons assigned to participate in an
inmate work program established under ORS 144.420 are entitled to the
protection and benefits of ORS 655.505 to 655.555.
     (3) Persons enrolled, or assigned to
participate, in a work release program are not entitled to benefits:
     (a) Under ORS chapter 656; or
     (b) Under ORS chapter 657 during their
enrollment. [1965 c.463 §10; 1969 c.597 §122a; 1969 c.678 §2; 1995 c.384 §7;
1997 c.851 §8]
     144.490
Status of enrollees. (1) A
person enrolled, or assigned to participate, in the work release program is not
an agent, employee or servant of a Department of Corrections institution, the
department or this state:
     (a) While working, seeking gainful
employment or otherwise participating, in an inmate work program; or
     (b) While going to the place of such
employment or work assignment from the place where the person is quartered, or
while returning therefrom.
     (2) For purposes of this chapter, a person
enrolled, or assigned to participate, in the work release program established
under ORS 144.420 is considered to be an inmate of a Department of Corrections
institution. [1965 c.463 §§11,13; 1987 c.320 §73; 1995 c.384 §8]
     144.500
Effect of violation or unexcused absence by enrollee. (1) If a person enrolled, or assigned to
participate, in the work release program violates any law, or any rule or
specific condition applicable to the person under ORS 144.450, the Department
of Corrections may immediately terminate that personÂ’s enrollment in, or
assignment to, the work release program and transfer the person to a Department
of Corrections institution for the remainder of the sentence.
     (2) Absence, without a reason that is
acceptable to the Director of the Department of Corrections, of a person
enrolled in, or assigned to, a work release program from the place of
employment, work assignment or designated quarters, at any time contrary to the
rules or specific conditions applicable to the person under ORS 144.450:
     (a) Immediately terminates the enrollment
of the person in, or assignment of the person to, the work release program.
     (b) Constitutes an escape from a
correctional facility under ORS 162.155. [1965 c.463 §§16,17; 1971 c.743 §340;
1987 c.320 §74; 1995 c.384 §9]
     144.510 [Amended by 1961 c.656 §1; renumbered
144.560]
     144.515
Release terminates enrollment; continued employment to be sought. A personÂ’s enrollment in the work release
program terminates upon the release of the person from confinement pursuant to
law. To the extent possible, the Department of Corrections shall cooperate with
employers in making possible the continued employment of persons released. [1965
c.463 §18; 1973 c.836 §309; 1987 c.320 §75]
     144.519 [1967 c.612 §§3,4; repealed by 1969 c.597 §281
and 1969 c.678 §8]
     144.520 [Renumbered 144.570]
     144.522
Revolving fund. (1) The
Department of Corrections may request in writing the Oregon Department of
Administrative Services to, and when so requested the Oregon Department of
Administrative Services shall, draw a warrant on the amount available under
section 6 or 7, chapter 678, Oregon Laws 1969, in favor of the department for
use by the department as a revolving fund. The warrant or warrants drawn to
establish or increase the revolving fund, rather than to reimburse it, shall
not exceed the aggregate sum of $20,000. The revolving fund shall be deposited
with the State Treasurer to be held in a special account against which the
department may draw checks.
     (2) The revolving fund may be used by the
department for the purpose of making loans to any inmate enrolled in the work
release program under ORS 144.410 to 144.525, at a rate of interest prescribed
by the department, to pay costs of necessary clothing, tools, transportation
and other items from the time of initial enrollment to the time the inmate
receives sufficient income to repay the loan. A loan from the revolving fund
shall be made only when other resources available to the enrollee to pay the
costs described in this subsection are inadequate.
     (3) The Department of Corrections shall
enforce repayment of loans under this section by any lawful means. However, the
Director of the Department of Corrections may proceed under ORS 293.235 to
293.245 to write off uncollectible debts arising out of such loans.
     (4) All repayments of loans from the
revolving fund shall be credited to the fund. Interest earnings realized upon
any loan from the revolving fund shall be credited to the fund. [1969 c.597 §122d
and 1969 c.678 §5; 1975 c.411 §1; 1987 c.320 §76]
     144.525
Custody of enrollee earnings deducted or otherwise retained by department. The Director of the Department of
Corrections shall deposit in the State Prison Work Programs Account, as they
are received, moneys surrendered to the Department of Corrections under ORS
144.470. Disbursements from the account for purposes authorized by ORS 144.470
may be made by the director, subject to approval by the Prison Industries
Board, by checks or orders drawn upon the account. The director is accountable
for the proper handling of the account. [1965 c.463 §21; 1987 c.320 §77; 1995
c.384 §10]
     144.560 [Formerly 144.510; repealed by 1969 c.597 §281]
     144.570 [Formerly 144.520; repealed by 1969 c.597 §281]
INTERSTATE
COMPACT FOR ADULT OFFENDER SUPERVISION
     144.600
Interstate Compact for Adult Offender Supervision. The Legislative Assembly hereby approves and
the Governor is authorized to enter into a compact on behalf of this state with
any other state or states legally joining therein in the form substantially as
follows:
______________________________________________________________________________
ARTICLE I
PURPOSE
     (a) The compacting states to this
interstate compact recognize that each state is responsible for the supervision
of adult offenders in the community who are authorized pursuant to the bylaws
and rules of this compact to travel across state lines both to and from each
compacting state in such a manner as to track the location of offenders,
transfer supervision authority in an orderly and efficient manner and, when
necessary, return offenders to the originating jurisdictions. The compacting
states also recognize that the United States Congress, by enacting 4 U.S.C.
112, has authorized and encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime.
     (b) It is the purpose of this compact and
the Interstate Commission created under this compact, through means of joint
and cooperative action among the compacting states: To provide the framework
for the promotion of public safety and protect the rights of victims through
the control and regulation of the interstate movement of offenders in the
community; to provide for the effective tracking, supervision and
rehabilitation of these offenders by the sending and receiving states; and to
equitably distribute the costs, benefits and obligations of the compact among
the compacting states.
     (c) In addition, this compact is intended
to: Create an Interstate Commission that will establish uniform procedures to
manage the movement between states of offenders placed under community
supervision and released to the community under the jurisdiction of courts,
paroling authorities or corrections or other criminal justice agencies that
will promulgate rules to achieve the purpose of this compact; ensure an
opportunity for input and timely notice to victims and to jurisdictions where
offenders are authorized to travel or to relocate across state lines; establish
a system of uniform data collection, access to information on active cases by
authorized criminal justice officials and regular reporting of compact
activities to the heads of State Councils, the state executive, judicial and
legislative branches and the criminal justice administrators; monitor
compliance with rules governing interstate movement of offenders and initiate
interventions to address and correct noncompliance; and coordinate training and
education on the regulation of interstate movement of offenders for officials
involved in such activity.
     (d) The compacting states recognize that
there is no right of any offender to live in another state and that duly
accredited officers of a sending state may at all times enter a receiving state
and there apprehend and retake any offender under supervision, subject to the
provisions of this compact and the bylaws and rules promulgated under this
compact. It is the policy of the compacting states that the activities conducted
by the Interstate Commission are intended to formulate public policy and are
therefore public business.
ARTICLE II
DEFINITIONS
     As used in this compact, unless the
context clearly requires a different construction:
     (a) “Adult” means a person who is 18 years
of age or older or a person under 18 years of age who is legally classified,
either by statute or court order, as an adult.
     (b) “Bylaws” means those bylaws
established by the Interstate Commission for its governance or for directing or
controlling the Interstate CommissionÂ’s actions or conduct.
     (c) “Compact Administrator” means the
individual in each compacting state appointed pursuant to the terms of this
compact responsible for the administration and management of the stateÂ’s
supervision and transfer of offenders subject to the terms of this compact, the
rules adopted by the Interstate Commission and policies adopted by the State
Council under this compact.
     (d) “Compacting state” means any state
which has enacted the enabling legislation for this compact.
     (e) “Commissioner” means the voting
representative of each compacting state appointed pursuant to Article III of
this compact.
     (f) “Interstate Commission” means the
Interstate Commission for Adult Offender Supervision created by Article III of
this compact.
     (g) “Member” means the commissioner of a
compacting state or the commissionerÂ’s designee, who shall be an individual
officially connected with the commissioner.
     (h) “Noncompacting state” means any state
that has not enacted the enabling legislation for this compact.
     (i) “Offender” means an adult placed under
or subject to supervision as the result of the commission of a criminal offense
and released to the community under the jurisdiction of courts, paroling
authorities or corrections or other criminal justice agencies.
     (j) “Person” means any individual,
corporation, business enterprise or other legal entity, either public or
private.
     (k) “Rules” means acts of the Interstate
Commission, duly promulgated pursuant to Article VIII of this compact and
substantially affecting interested parties in addition to the Interstate
Commission, that have the force and effect of law in the compacting states.
     (L) “State” means a state of the
     (m) “State Council” means the resident
members of the State Council for Interstate Adult Offender Supervision created
by each state under Article IV of this compact.
ARTICLE III
THE INTERSTATE COMMISSION
FOR ADULT OFFENDER SUPERVISION
     (a) The compacting states hereby create
the Interstate Commission for Adult Offender Supervision. The Interstate
Commission shall be a body corporate and joint agency of the compacting states.
The Interstate Commission shall have all the responsibilities, powers and
duties set forth in this compact, including the power to sue and be sued and
such additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance with the terms of
this compact.
     (b) The Interstate Commission shall
consist of commissioners selected and appointed by each state. In addition to
the commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not commissioners but
who are members of interested organizations. Such noncommissioner members must
include a member of the national organizations of governors, legislators, state
chief justices, attorneys general and crime victims. All noncommissioner
members of the Interstate Commission shall be nonvoting members. The Interstate
Commission may provide in its bylaws for such additional nonvoting members as
it deems necessary.
     (c) Each compacting state represented at
any meeting of the Interstate Commission is entitled to one vote. A majority of
the compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate
Commission.
     (d) The Interstate Commission shall meet
at least once each calendar year. The chairperson may call additional meetings
and, upon the request of 27 or more compacting states, shall call additional
meetings. Public notice shall be given of all meetings and meetings shall be
open to the public, except as provided in Article VII of this compact.
     (e) The Interstate Commission shall
establish an executive committee that shall include commission officers,
members and others as shall be determined by the bylaws. The executive
committee shall have the power to act on behalf of the Interstate Commission
during periods when the Interstate Commission is not in session, with the
exception of rulemaking or amendment to the compact. The executive committee
oversees the day-to-day activities managed by the executive director and
Interstate Commission staff, administers enforcement and compliance with the
provisions of the compact, its bylaws and rules and as directed by the
Interstate Commission and performs other duties as directed by the Interstate
Commission or as set forth in the bylaws and rules.
ARTICLE IV
THE COMPACT ADMINISTRATOR AND STATE COUNCIL
     (a) The Director of the Department of
Corrections, or the directorÂ’s designee, shall serve as the Compact
Administrator for the State of
     (b) The Oregon State Council for
Interstate Adult Offender Supervision is established, consisting of seven
members. The Director of the Department of Corrections, or the directorÂ’s
designee, is a member of the State Council and serves as chairperson of the
State Council. Of the remaining members of the State Council:
     (1) The Governor shall appoint three
members, one of whom must represent a crime victimsÂ’ organization; and
     (2) The Chief Justice of the Supreme
Court, the President of the Senate and the Speaker of the House of
Representatives shall each appoint one member.
     (c) The term of office of a member is four
years.
     (d) The State Council shall meet at least
once each calendar year.
     (e) The State Council may advise the
Compact Administrator on participation in the Interstate Commission activities
and administration of the compact.
     (f) Members of the State Council are
entitled to expenses as provided in ORS 292.495. Any legislative members are
entitled to payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative Assembly.
     (g) The State Council is subject to the
provisions of ORS 291.201 to 291.222 and 291.232 to 291.260.
     (h) The Department of Corrections shall
provide staff support for the State Council.
ARTICLE V
POWERS AND DUTIES
OF THE INTERSTATE COMMISSION
     The Interstate Commission shall have the
following powers:
     (a) To adopt a seal and suitable bylaws
governing the management and operation of the Interstate Commission.
     (b) To promulgate rules which shall have
the force and effect of statutory law and shall be binding in the compacting
states to the extent and in the manner provided in this compact.
     (c) To oversee, supervise and coordinate
the interstate movement of offenders subject to the terms of this compact and
any bylaws adopted and rules promulgated by the Interstate Commission.
     (d) To enforce compliance with the compact
and the rules and bylaws of the Interstate Commission, using all necessary and
proper means, including, but not limited to, the use of judicial process.
     (e) To establish and maintain offices.
     (f) To purchase and maintain insurance and
bonds.
     (g) To borrow, accept or contract for the
services of personnel, including, but not limited to, members and their staffs.
     (h) To establish and appoint committees
and hire staff that it deems necessary to carry out its functions, including,
but not limited to, an executive committee as required by Article III of this
compact, which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties under this compact.
     (i) To elect or appoint officers,
attorneys, employees, agents or consultants, and to fix their compensation,
define their duties and determine their qualifications, and to establish the
Interstate CommissionÂ’s personnel policies and programs relating to, among
other things, conflicts of interest, rates of compensation and qualifications
of personnel.
     (j) To accept any and all donations and
grants of money, equipment, supplies, materials and services, and to receive,
utilize and dispose of same.
     (k) To lease, purchase, accept
contributions or donations of any property, or otherwise to own, hold, improve
or use any property, whether real, personal or mixed.
     (L) To sell, convey, mortgage, pledge,
lease, exchange, abandon or otherwise dispose of any property, whether real,
personal or mixed.
     (m) To establish a budget and make
expenditures and levy dues as provided in Article X of this compact.
     (n) To sue and be sued.
     (o) To provide for dispute resolution
among compacting states.
     (p) To perform such functions as may be
necessary or appropriate to achieve the purposes of this compact.
     (q) To report annually to the
legislatures, governors, judiciary and State Councils of the compacting states
concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been
adopted by the Interstate Commission.
     (r) To coordinate education, training and
public awareness regarding the interstate movement of offenders for officials
involved in such activity.
     (s) To establish uniform standards for the
reporting, collecting and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
     (a) The Interstate Commission shall, by a
majority of the members, within 12 months of the first Interstate Commission
meeting, adopt bylaws to govern its conduct as may be necessary or appropriate
to carry out the purposes of the compact, including, but not limited to:
     (1) Establishing the fiscal year of the
Interstate Commission.
     (2) Establishing an Executive Committee
and such other committees as may be necessary.
     (3) Providing reasonable standards and procedures:
     (i) For the establishment of committees;
and
     (ii) Governing any general or specific
delegation of any authority or function of the Interstate Commission.
     (4) Providing reasonable procedures for
calling and conducting meetings of the Interstate Commission, and ensuring
reasonable notice of each meeting.
     (5) Establishing the titles and
responsibilities of the officers of the Interstate Commission.
     (6) Providing reasonable standards and
procedures for the establishment of the personnel policies and programs of the
Interstate Commission. Notwithstanding any civil service laws or other similar
laws of any compacting state, the bylaws shall exclusively govern the personnel
policies and programs of the Interstate Commission.
     (7) Providing a mechanism for winding up
the operations of the Interstate Commission and the equitable return of any
surplus funds that may exist upon the termination of the compact after the
payment or reserving of all of the Interstate CommissionÂ’s debts and
obligations.
     (8) Providing transition rules for
start-up administration of the compact.
     (9) Establishing standards and procedures
for compliance and technical assistance in carrying out the compact.
     (b)(1) The Interstate Commission shall, by
a majority of the members, elect from among its members a chairperson and a
vice chairperson, each of whom shall have such authorities and duties as may be
specified in the bylaws. The chairperson, or in the chairpersonÂ’s absence or
disability, the vice chairperson, shall preside at all meetings of the
Interstate Commission. The officers so elected shall serve without compensation
or remuneration from the Interstate Commission, provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed for any actual
and necessary costs and expenses incurred by them in the performance of their
duties and responsibilities as officers of the Interstate Commission.
     (2) The Interstate Commission shall,
through its executive committee, appoint or retain an executive director for
such period, upon such terms and conditions and for such compensation as the
Interstate Commission may deem appropriate. The executive director shall serve
as secretary to the Interstate Commission and shall hire and supervise other
staff as may be authorized by the Interstate Commission, but shall not be a
member of the Interstate Commission.
     (c) The Interstate Commission shall
maintain its corporate books and records in accordance with the bylaws.
     (d)(1) The liability of any member,
officer, executive director, employee or agent of the Interstate Commission
acting within the scope of the personÂ’s employment or duties for acts, errors
or omissions occurring within
     (2) Subject to approval by the Attorney
General under ORS chapter 180, the Interstate Commission shall defend the
commissioner of a compacting state, the commissionerÂ’s representatives or
employees or the Interstate CommissionÂ’s representatives or employees in any
civil action seeking to impose liability arising out of any actual or alleged
act, error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate Commission employment,
duties or responsibilities, provided that the actual or alleged act, error or
omission did not result from intentional wrongdoing on the part of such person.
     (3) The Interstate Commission shall
indemnify and hold the commissioner of a compacting state, the appointed
representatives or employees, or the Interstate CommissionÂ’s representatives or
employees, harmless in the amount of any settlement or judgment obtained
against such persons arising out of any actual or alleged act, error or
omission that occurred within the scope of Interstate Commission employment,
duties or responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission employment, duties
or responsibilities, provided that the actual or alleged act, error or omission
did not result from intentional wrongdoing on the part of such persons.
ARTICLE VII
ACTIVITIES OF
THE INTERSTATE COMMISSION
     (a) The Interstate Commission shall meet
and take such actions as are consistent with the provisions of this compact.
     (b) Except as otherwise provided in this
compact and unless a greater percentage is required under the bylaws, in order
to constitute an act of the Interstate Commission, such act shall have been
taken at a meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
     (c) Each member of the Interstate
Commission shall have the right and power to cast a vote to which that
compacting state is entitled and to participate in the business and affairs of
the Interstate Commission. A member shall vote in person on behalf of the
compacting state and shall not delegate a vote to another compacting state.
However, the Director of the Department of Corrections may designate another
individual, in the absence of the director, to cast a vote on behalf of the
director at a specified meeting. The bylaws may provide for membersÂ’
participation in meetings by telephone or other means of telecommunication or
electronic communication. Any voting conducted by telephone or other means of
telecommunication or electronic communication shall be subject to the same
quorum requirements of meetings where members are present in person.
     (d) The Interstate Commission shall meet
at least once during each calendar year. The chairperson of the Interstate
Commission may call additional meetings at any time and, upon the request of a
majority of the members, shall call additional meetings.
     (e) The Interstate Commission’s bylaws
shall establish conditions and procedures under which the Interstate Commission
shall make its information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent the information or records would
adversely affect personal privacy rights or proprietary interests. In
promulgating such rules, the Interstate Commission may make available to law
enforcement agencies records and information otherwise exempt from disclosure,
and may enter into agreements with law enforcement agencies to receive or
exchange information or records subject to nondisclosure and confidentiality
provisions.
     (f) Public notice shall be given of all
meetings, and all meetings shall be open to the public, except as set forth in
the rules or as otherwise provided in the compact. The Interstate Commission
shall promulgate rules consistent with the principles contained in the
Government in the Sunshine Act, 5 U.S.C. 552, as amended. The Interstate Commission
and any of its committees may close a meeting to the public when the Interstate
Commission determines by two-thirds vote that an open meeting would be likely
to:
     (1) Relate solely to the Interstate
CommissionÂ’s internal personnel practices and procedures;
     (2) Disclose matters specifically exempted
from disclosure by statute;
     (3) Disclose trade secrets or commercial
or financial information that is privileged or confidential;
     (4) Involve accusing any person of a crime
or formally censuring any person;
     (5) Disclose information of a personal
nature when such disclosure would constitute a clearly unwarranted invasion of
personal privacy;
     (6) Disclose investigatory records
compiled for law enforcement purposes;
     (7) Disclose information contained in or
related to examination, operating or condition reports prepared by, or on
behalf of or for the use of, the Interstate Commission with respect to a
regulated entity for the purpose of regulation or supervision of such entity;
     (8) Disclose information when such
premature disclosure would significantly endanger the life of a person or the
stability of a regulated entity; or
     (9) Specifically relate to the Interstate
CommissionÂ’s issuance of a subpoena or its participation in a civil action or
proceeding.
     (g) For every meeting closed pursuant to
subsection (f) of this Article, the Interstate CommissionÂ’s chief legal officer
shall publicly certify that, in the officerÂ’s opinion, the meeting may be
closed to the public and shall make reference to each relevant provision
authorizing closure of the meeting. The Interstate Commission shall keep
minutes that fully and clearly describe all matters discussed in any meeting
and shall provide a full and accurate summary of any action taken, and the
reasons therefor, including a description of each of the views expressed on any
item and the record of any roll call vote (reflected in the vote of each member
on the question). All documents considered in connection with any action shall
be identified in such minutes.
     (h) The Interstate Commission shall
collect standardized data concerning the interstate movement of offenders as
directed through its bylaws and rules that specify the data to be collected,
the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS
OF THE INTERSTATE COMMISSION
     (a) The Interstate Commission shall
promulgate rules in order to effectively and efficiently achieve the purposes
of the compact, including transition rules governing administration of the compact
during the period in which it is being considered and enacted by the states.
     (b) Rulemaking shall occur pursuant to the
criteria set forth in this Article and the bylaws and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, 5 U.S.C. 551 et seq., and the Federal
Advisory Committee Act, 5 U.S.C. Appendix 2, section 1 et seq., as amended. All
rules and amendments shall become binding as of the date specified in each rule
or amendment.
     (c) If a majority of the legislatures of
the compacting states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact, then such rule shall have no
further force and effect in any compacting state.
     (d) When promulgating a rule, the
Interstate Commission shall:
     (1) Publish the proposed rule, stating
with particularity the text of the rule that is proposed and the reason for the
proposed rule;
     (2) Allow persons to submit written data,
facts, opinions and arguments, which information shall be publicly available;
     (3) Provide an opportunity for an informal
hearing; and
     (4) Promulgate a final rule and its
effective date, if appropriate, based on the rulemaking record. Not later than
60 days after a rule is promulgated, any interested person may file a petition
in the United States District Court for the District of Columbia or in the
federal district court where the Interstate CommissionÂ’s principal office is
located for judicial review of the rule. If the court finds that the Interstate
CommissionÂ’s action is not supported by substantial evidence in the rulemaking
record, the court shall hold the rule unlawful and set it aside. For purposes
of this subsection, evidence is substantial if it would be considered
substantial evidence under the federal Administrative Procedure Act, 5 U.S.C.
551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. Appendix 2,
section 1 et seq., as amended.
     (e) Rules related to the following
subjects must be addressed within 12 months after the first meeting of the
Interstate Commission:
     (1) Notice to victims and opportunity to
be heard;
     (2) Offender registration and compliance;
     (3) Violations and returns;
     (4) Transfer procedures and forms;
     (5) Eligibility for transfer;
     (6) Collection of restitution and fees
from offenders;
     (7) Data collection and reporting;
     (8) The level of supervision to be
provided by the receiving state;
     (9) Transition rules governing the
operation of the compact and the Interstate Commission during all or part of
the period between the effective date of the compact and the date on which the
last eligible state adopts the compact; and
     (10) Mediation, arbitration and dispute
resolution.
     (f) The existing rules governing the
operation of the previous compact superseded by this compact shall be null and
void 12 months after the first meeting of the Interstate Commission created
under this compact.
     (g) Upon determination by the Interstate
Commission that an emergency exists, the Interstate Commission may promulgate
an emergency rule which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided in this Article shall be
retroactively applied to said rule as soon as reasonably possible, but no later
than 90 days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND
DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
     (a)(1) The Interstate Commission shall
oversee the Interstate movement of adult offenders in the compacting states and
shall monitor such activities being administered in noncompacting states that
may significantly affect compacting states.
     (2) The courts and executive agencies in
each compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compactÂ’s purposes and intent. In
any judicial or administrative proceeding in a compacting state pertaining to
the subject matter of this compact that may affect the powers, responsibilities
or actions of the Interstate Commission, the Interstate Commission shall be
entitled to receive all service of process in any such proceeding and shall
have standing to intervene in the proceeding for all purposes.
     (b)(1) The compacting states shall report
to the Interstate Commission on issues or activities of concern to them and
cooperate with and support the Interstate Commission in the discharge of its
duties and responsibilities.
     (2) The Interstate Commission shall
attempt to resolve any disputes or other issues that are subject to the compact
and that may arise among compacting states and noncompacting states. The
Interstate Commission shall enact a bylaw or promulgate a rule providing for
both mediation and binding dispute resolution for disputes among the compacting
states.
     (c) The Interstate Commission, in the
reasonable exercise of its discretion, shall enforce the provisions of this
compact using any or all means set forth in Article XII (b) of this compact.
ARTICLE X
FINANCE
     (a) The Interstate Commission shall pay or
provide for the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
     (b) The Interstate Commission shall levy
on and collect an annual assessment from each compacting state to cover the
cost of the internal operations and activities of the Interstate Commission and
its staff, which must be in a total amount sufficient to cover the Interstate
CommissionÂ’s annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by
the Interstate Commission, taking into consideration the population of the
state and the volume of interstate movement of offenders in each compacting
state. The Interstate Commission shall promulgate a rule binding upon all
compacting states that governs said assessment.
     (c) The Interstate Commission shall not
incur any obligations of any kind prior to securing the funds adequate to meet
the same, nor shall the Interstate Commission pledge the credit of any of the
compacting states, except by and with the authority of the compacting state.
     (d) The Interstate Commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit
shall be included in and become part of the annual report of the Interstate
Commission.
     (e)(1) The Interstate Compact for Adult
Offender Supervision Fund is established, separate and distinct from the
General Fund. All moneys in the fund are continuously appropriated to the
Department of Corrections to be used for the purposes of meeting financial
obligations imposed on the State of
     (2) An assessment levied or any other
financial obligation imposed under this compact is effective against the State
of Oregon only to the extent that moneys to pay the assessment or meet the
financial obligation have been appropriated and deposited in the fund
established in paragraph (1) of this subsection.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND
AMENDMENT
     (a) Any state, as defined in Article II of
this compact, is eligible to become a compacting state.
     (b) The compact shall become effective and
binding upon legislative enactment of the compact into law by no fewer than 35
of the states. The initial effective date shall be the later of July 1, 2001,
or upon enactment into law by the 35th jurisdiction. Thereafter, the compact
shall become effective and binding, as to any other compacting state, upon
enactment of the compact into law by that state. The governors of noncompacting
states or their designees may be invited to participate in Interstate
Commission activities on a non-voting basis prior to adoption of the compact by
all states.
     (c) Amendments to the compact may be
proposed by the Interstate Commission for enactment by the compacting states.
No amendment shall become effective and binding upon the Interstate Commission
and the compacting states unless and until it is enacted into law by unanimous
consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT,
TERMINATION AND
JUDICIAL ENFORCEMENT
     (a)(1) Once effective, the compact shall
continue in force and remain binding upon each and every compacting state,
provided that a compacting state may withdraw from the compact by specifically
repealing the statute that enacted the compact into law.
     (2) The effective date of withdrawal is
the effective date of the repeal of the statute that enacted the compact into
law.
     (3) The withdrawing state shall
immediately notify the chairperson of the Interstate Commission in writing upon
the introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other compacting states of
the withdrawing stateÂ’s intent to withdraw within 60 days of its receipt
thereof.
     (4) The withdrawing state is responsible
for all assessments, obligations and liabilities incurred through the effective
date of withdrawal, including any obligations, the performance of which extend
beyond the effective date of withdrawal.
     (5) Reinstatement following withdrawal of
any compacting state shall occur upon the withdrawing state reenacting the
compact or upon such later date as determined by the Interstate Commission.
     (b)(1) If the Interstate Commission determines
that any compacting state has at any time defaulted in the performance of any
of its obligations or responsibilities under this compact or the bylaws or
rules of the Interstate Commission, the Interstate Commission may impose any or
all of the following penalties:
     (i) Fines, fees and costs in such amounts
as are deemed to be reasonable as fixed by the Interstate Commission;
     (ii) Remedial training and technical
assistance as directed by the Interstate Commission;
     (iii) Suspension and termination of membership
in the compact. Suspension shall be imposed only after all other reasonable
means of securing compliance under the bylaws and rules have been exhausted.
Immediate notice of suspension shall be given by the Interstate Commission to
the governor, the chief justice or chief judicial officer of the defaulting
state; the majority and minority leaders of the defaulting stateÂ’s legislature,
and the state council.
     (2) The grounds for default include, but
are not limited to, failure of a compacting state to perform obligations or
responsibilities imposed upon it by this compact or the Interstate Commission
bylaws or rules. The Interstate Commission shall immediately notify the
defaulting state in writing of the penalty imposed by the Interstate Commission
on the defaulting state pending a cure of the default. The Interstate
Commission shall stipulate the conditions and the time period within which the
defaulting state must cure its default. If the defaulting state fails to cure
the default within the time period specified by the Interstate Commission, in
addition to any other penalties imposed, the defaulting state may be terminated
from the compact upon an affirmative vote of a majority of the compacting
states and all rights, privileges and benefits conferred by this compact shall
be terminated from the effective date of suspension. Within 60 days of the
effective date of termination of a defaulting state, the Interstate Commission
shall notify the governor, the chief justice or chief judicial officer of the
defaulting state, the majority and minority leaders of the defaulting stateÂ’s
legislature and the State Council of such termination.
     (3) The defaulting state is responsible
for all assessments, obligations and liabilities incurred through the effective
date of termination, including any obligations, the performance of which extend
beyond the effective date of termination.
     (4) The Interstate Commission shall not
bear any costs relating to the defaulting state unless otherwise mutually
agreed upon between the Interstate Commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the
Interstate Commission pursuant to the rules.
     (c) The Interstate Commission may, by
majority vote of the members, initiate legal action in the United States
District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district court where the Interstate Commission
has its principal office to enforce compliance with the provisions of the
compact, its rules or bylaws against any compacting state in default. In the
event judicial enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation, including reasonable attorney fees.
     (d)(1) The compact dissolves effective
upon the date of the withdrawal or default of the compacting state that reduces
membership in the compact to one compacting state.
     (2) Upon the dissolution of this compact,
the compact becomes null and void and shall be of no further force or effect,
and the business and affairs of the Interstate Commission shall be wound up and
any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
     (a) The provisions of this compact shall
be severable, and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the compact shall be enforceable.
     (b) The provisions of this compact shall
be liberally construed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT
AND OTHER LAWS
     (a)(1) Nothing in this compact prevents
the enforcement of any other law of a compacting state that is not inconsistent
with this compact.
     (2) The laws of the State of
     (b)(1) All lawful actions of the
Interstate Commission, including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the State of Oregon unless contrary to the Oregon
Constitution.
     (2) All agreements between the Interstate
Commission and the compacting states are binding in accordance with their
terms.
     (3) Upon the request of a party to a
conflict over meaning or interpretation of Interstate Commission actions, and
upon a majority vote of the compacting states, the Interstate Commission may
issue advisory opinions regarding such meaning or interpretation.
     (4) In the event any provision of this
compact exceeds the constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers or jurisdiction sought to be
conferred by such provision upon the Interstate Commission shall be ineffective
and such obligations, duties, powers or jurisdiction shall remain in the
compacting state and shall be exercised by the agency thereof to which such
obligations, duties, powers or jurisdiction are delegated by law in effect at
the time this compact becomes effective.
     (c) The State of Oregon is bound by the
bylaws and rules promulgated under this compact only to the extent that the
operation of the bylaws and rules does not impose an obligation exceeding any
limitation on state power or authority contained in the Oregon Constitution as
interpreted by the state courts of Oregon.
______________________________________________________________________________
[2001 c.729 §2]
     Note: 144.600 to 144.603 were enacted into law by
the Legislative Assembly but were 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.
     144.602
Short title. ORS 144.600
shall be known and may be cited as the Interstate Compact for Adult Offender Supervision.
[2001 c.729 §1]
     Note: See note under 144.600.
     144.603
Withdrawal from compact. If
a state withdraws from the Interstate Compact for Adult Offender Supervision as
provided in Article XII (a) of the compact, the Department of Corrections may negotiate
an agreement with the withdrawing state to fulfill the purposes of ORS 144.600.
[2001 c.729 §3]
     Note: See note under 144.600.
UNIFORM ACT
FOR
OUT-OF-STATE
SUPERVISION
     144.610
Out-of-state supervision of parolees; contract with other states. The Governor of this state may execute a
compact on behalf of the State of
______________________________________________________________________________
     A compact entered into by and among the
contracting states signatory hereto with the consent of the Congress of the
United States of America granted by an Act entitled, “An Act Granting the
Consent of Congress to any Two or More States to Enter into Agreements or Compacts
for Cooperative Effort and Mutual Assistance in the Prevention of Crime and for
Other Purposes.”
     The contracting states agree:
     (1) That the judicial and administrative
authorities of a state party to this compact (herein called “sending state”) may
permit any person convicted of an offense within such state and placed on
probation or released on parole to reside in any other state party to this
compact (herein called “receiving state”) while on a probation or parole, if:
     (a) Such person is in fact a resident of,
or has the family of the person residing within, the receiving state and can
obtain employment there;
     (b) Though not a resident of the receiving
state and not having the family of the person residing there, the receiving
state consents to such person being sent there.
     Before granting such permission,
opportunity shall be granted to the receiving state to investigate the home and
prospective employment of such person.
     A resident of the receiving state, within
the meaning of this section, is one who has been an actual inhabitant of such
state continuously for more than one year prior to coming to the sending state
and has not resided within the sending state more than six continuous months
immediately preceding the commission of the offense for which the person has
been convicted.
     (2) That each receiving state shall assume
the duties of visitation of and supervision over probationers or parolees of
any sending state and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and parolees.
     (3) That duly accredited officers of a
sending state may at all times enter a receiving state and there apprehend and
retake any person on probation or parole. For that purpose no formalities will
be required other than establishing the authority of the officer and the
identity of the person to be retaken. All legal requirements to obtain
extradition of fugitives from justice are hereby expressly waived on the part
of states party hereto as to such persons. The decision of the sending state to
retake a person on probation or parole shall be conclusive upon, and not
reviewable within, the receiving state; provided, however, that if at the time
when a state seeks to retake a probationer or parolee there is pending against
the probationer or parolee within the receiving state any criminal charge or if
the probationer or parolee is suspected of having committed within such state a
criminal offense, the probationer or parolee shall not be retaken without the consent
of the receiving state until discharged from prosecution or from imprisonment
for such offense.
     (4) That the duly accredited officers of
the sending state will be permitted to transport prisoners being retaken
through any and all states party to this compact without interference.
     (5) That the Governor of each state may
designate an officer who, acting jointly with like officers of other
contracting states, if and when appointed, shall promulgate such rules and
regulations as may be deemed necessary to more effectively carry out the terms
of this compact.
     (6) That this compact shall become
operative immediately upon its execution by any state as between it and any
other state so executing. When executed it shall have the full force and effect
of law within such state, the form of execution to be in accordance with the
laws of the executing state.
     (7) That this compact shall continue in
force and remain binding upon each executing state until renounced by it. The
duties and obligations hereunder of a renouncing state shall continue as to
parolees or probationers residing therein at the time of withdrawal until
retaken or finally discharged by the sending state. Renunciation of this
compact shall be by the same authority which executed it by sending six monthsÂ’
notice in writing of its intention to withdraw from the compact to the other
states party hereto.
______________________________________________________________________________
     144.613
Notice when parole or probation violated; hearing; report to sending state; taking
person into custody. (1)
Where supervision of a parolee or probationer is being administered pursuant to
the Uniform Act for Out-of-State Supervision, the appropriate judicial or
administrative authorities in this state shall notify the Uniform Act for
Out-of-State Supervision administrator of the sending state, as defined in ORS
144.610, whenever, in their view, consideration should be given to retaking or
reincarceration for a parole or probation violation.
     (2) Prior to the giving of any such
notification, a hearing shall be held in accordance with ORS 144.613 to 144.617
within a reasonable time, unless such hearing is waived by the parolee or
probationer. The appropriate officer or officers of this state shall, as soon
as practicable following termination of any such hearing, report to the sending
state, furnish a copy of the hearing record and make recommendations regarding
the disposition to be made of the parolee or probationer by the sending state.
     (3) Pending any proceeding pursuant to
this section, the appropriate officers of this state may take custody of and
detain the parolee or probationer involved for a period not to exceed 15 days
prior to the hearing and, if it appears to the hearing officer or officers that
retaking or reincarceration is likely to follow, for such reasonable period
after the hearing or waiver as may be necessary to arrange for the retaking or
reincarceration. [1973 c.489 §1]
     144.615
Hearing procedure. (1) Any
hearing pursuant to ORS 144.613 to 144.617 may be before the administrator of
the Uniform Act for Out-of-State Supervision, a deputy of the Director of the
Department of Corrections or any other person authorized pursuant to the laws
of this state to hear cases of alleged parole or probation violation, except
that no hearing officer shall be the person making the allegation of violation.
     (2) With respect to any hearing pursuant
to ORS 144.613 to 144.617, the parolee or probationer:
     (a) Shall have reasonable notice in
writing of the nature and content of the allegations to be made, including
notice that its purpose is to determine whether there is probable cause to
believe that the parolee or probationer has committed a violation that may lead
to a revocation of parole or probation.
     (b) Shall be permitted to confer with any
person whose assistance the parolee or probationer reasonably desires, prior to
the hearing.
     (c) Shall have the right to confront and
examine any persons who have made allegations against the parolee or
probationer, unless the hearing officer determines that such confrontation
would present a substantial present or subsequent danger of harm to such person
or persons.
     (d) May admit, deny or explain the
violation alleged and may present proof, including affidavits and other evidence,
in support of the contentions of the parolee or probationer. A record of the
proceedings shall be made and preserved. [1973 c.489 §§2,3; 1987 c.320 §78]
     144.617
Hearing on violation in another state; effect of record in such hearing. In any case of alleged parole or probation
violation by a person being supervised in another state pursuant to the Uniform
Act for Out-of-State Supervision any appropriate judicial or administrative
officer or agency in another state is authorized to hold a hearing on the
alleged violation. Upon receipt of the record of a parole or probation
violation hearing held in another state pursuant to a statute substantially
similar to ORS 144.613 to 144.617, such record shall have the same standing and
effect as though the proceeding of which it is a record was had before the
appropriate officer or officers in this state, and any recommendations
contained in or accompanying the record shall be fully considered by the
appropriate officer or officers of this state in making disposition of the
matter. [1973 c.489 §4]
     144.620
Short title. ORS 144.610 may
be cited as the Uniform Act for Out-of-State Supervision.
     144.622
“Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision. For purposes of ORS 144.610 and 144.613 to
144.617, “parole” includes but is not limited to post-prison supervision, and “parolee”
includes but is not limited to persons on post-prison supervision under rules
adopted by the Oregon Criminal Justice Commission. [1989 c.790 §37]
     Note: 144.622 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.
SEX
OFFENDERS; SPECIAL PROVISIONS
(Pilot Treatment
Program)
     144.625
Hormone or antiandrogen pilot treatment program; establishment; eligibility. (1) The Department of Corrections shall
establish a pilot treatment program for persons convicted of sex crimes who are
eligible for parole or post-prison supervision. The purpose of the program is
to reduce the risk of reoffending after release on parole or post-prison
supervision by providing, each year, 40 to 50 persons convicted of sex crimes
with hormone or antiandrogen, such as medroxyprogesterone acetate, treatment.
     (2) Under the program the department
shall:
     (a) Screen persons convicted of sex crimes
who are eligible for release within six months on parole or post-prison
supervision to determine their suitability for hormone or antiandrogen treatment
upon release;
     (b) Refer persons found most likely to
benefit from hormone or antiandrogen treatment to a competent physician for
medical evaluation; and
     (c) Refer those persons, unless medically
contraindicated after the evaluation by a competent physician, to a community
physician to begin hormone or antiandrogen treatment upon their release on
parole or post-prison supervision.
     (3) The State Board of Parole and
Post-Prison Supervision shall require as a condition of parole or post-prison
supervision hormone or antiandrogen treatment during all or a portion of parole
or post-prison supervision of persons required to participate in the hormone or
antiandrogen treatment program described in subsection (2) of this section.
     (4) A person required to undergo a
treatment program under subsection (2) of this section violates a condition of
parole or post-prison supervision and is subject to sanctions if the person:
     (a) Fails to cooperate in the treatment
program required under subsection (2) of this section; or
     (b) Takes any steroid or other chemical to
counteract the treatment required under subsection (2) of this section. [1999
c.435 §1]
     Note: 144.625 to 144.631 were enacted into law by
the Legislative Assembly but were 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.
     144.627
Rules. (1) The Department of
Corrections shall adopt rules to implement and enforce the program of hormone
or antiandrogen, such as medroxyprogesterone acetate, treatment under ORS
144.625. Rules adopted under this subsection shall include, but not be limited
to:
     (a) A requirement that the offender be
informed of the effect of the treatment program, including any side effects
that may result from the treatment program;
     (b) A requirement that the offender
acknowledge receipt of the information the department is required to present to
the offender under paragraph (a) of this subsection;
     (c) Procedures to monitor compliance with
the treatment program; and
     (d) Procedures to test for attempts to
counteract the treatment program that may include chemical testing of the
offenderÂ’s blood and urine.
     (2) A supervisory authority defined under
ORS 144.087 may contract with community physicians, laboratories or other
medical service providers to administer the program of hormone or antiandrogen
treatment under ORS 144.625 or to monitor compliance with the treatment
program. [1999 c.435 §2]
     Note: See note under 144.625.
     144.629
Payment of costs. A person
required to undergo a program of hormone or antiandrogen, such as
medroxyprogesterone acetate, treatment under ORS 144.625 shall pay all costs of
the program directly to the agency or organization administering the treatment
program. [1999 c.435 §3]
     Note: See note under 144.625.
     144.631
Use of hormone or antiandrogen treatment with persons not included in pilot
program. Nothing in ORS
144.625 or 144.627 prohibits the State Board of Parole and Post-Prison
Supervision from requiring hormone or antiandrogen treatment for a person whom
the Department of Corrections did not screen or evaluate as described in ORS
144.625. [1999 c.435 §5]
     Note: See note under 144.625.
(Sexually
Violent Dangerous Offenders)
     144.635
Intensive supervision; duration. (1) As used in this section and ORS 144.637:
     (a) “History of sexual assault” means that
a person has engaged in unlawful sexual conduct that:
     (A) Is not related to the crime for which
the person is currently on parole or post-prison supervision; and
     (B) Seriously endangered the life or
safety of another person or involved a victim under 12 years of age.
     (b) “Sexually violent dangerous offender”
means a person who has psychopathic personality features, sexually deviant
arousal patterns or interests and a history of sexual assault, and who the
State Board of Parole and Post-Prison Supervision or local supervisory
authority finds presents a substantial probability of committing an offense
listed in subsection (3) of this section.
     (2) When a person is released from custody
after serving a sentence of incarceration as a result of conviction for an
offense listed in subsection (3) of this section, the board or local
supervisory authority shall subject the person to intensive supervision for the
full period of the personÂ’s parole or post-prison supervision if:
     (a) The person was 18 years of age or
older at the time the person committed the offense; and
     (b) The board or local supervisory
authority finds that the person is a sexually violent dangerous offender.
     (3) The crimes to which subsection (2) of
this section applies are:
     (a) Rape in the first degree and sodomy in
the first degree if the victim was:
     (A) Subjected to forcible compulsion by
the person;
     (B) Under 12 years of age; or
     (C) Incapable of consent by reason of
mental defect, mental incapacitation or physical helplessness;
     (b) Unlawful sexual penetration in the
first degree; and
     (c) An attempt to commit a crime listed in
paragraph (a) or (b) of this subsection. [1999 c.924 §1]
     Note: 144.635 to 144.639 were enacted into law by
the Legislative Assembly but were 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.
     144.637
Rules. The Department of
Corrections and the State Board of Parole and Post-Prison Supervision, in
consultation with local supervisory authorities, shall jointly adopt rules
establishing:
     (1) Procedures for identifying sexually
violent dangerous offenders; and
     (2) Methods of intensive supervision for
sexually violent dangerous offenders. [1999 c.924 §2]
     Note: See note under 144.635.
     144.639
Projecting number of persons to be classified as sexually violent dangerous
offenders; budgeting. Once
each biennium, the Department of Corrections, the State Board of Parole and
Post-Prison Supervision and local supervisory authorities shall determine the
number of offenders expected to be classified as sexually violent dangerous
offenders during the following biennium. The department shall use the number in
calculating the budget for the community corrections division of the department
for the following biennium. [1999 c.924 §4]
     Note: See note under 144.635.
     144.640 [Formerly 143.010; renumbered 144.649 in
2001]
(Sex Offender
Residence Requirements)
     144.641
Definitions. As used in this
section and ORS 144.642, 144.644 and 144.646:
     (1) “Dwelling” has the meaning given that
term in ORS 469.160.
     (2) “Dwelling” does not include a
residential treatment facility or a halfway house.
     (3) “Halfway house” means a publicly or
privately operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
     (4) “Locations where children are the
primary occupants or users” includes, but is not limited to, public and private
elementary and secondary schools and licensed day care centers.
     (5) “Sex offender” means a:
     (a) Sexually violent dangerous offender as
defined in ORS 137.765; or
     (b) Predatory sex offender as described in
ORS 181.585.
     (6) “Transitional housing” means housing
intended to be occupied by a sex offender for 45 days or less immediately after
release from incarceration. [2001 c.365 §1; 2005 c.576 §4]
     Note: 144.641 to 144.646 were enacted into law by
the Legislative Assembly but were 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.
     144.642
Criteria for determining residence; Department of Corrections; rules; matrix. (1) The Department of Corrections, in
consultation with the State Board of Parole and Post-Prison Supervision and
community corrections agencies, shall adopt rules establishing criteria to be
considered in determining the permanent residence requirements for a sex
offender released on post-prison supervision or parole. Transitional housing is
not subject to permanent residence requirements. The department shall include
in the rules:
     (a) A general prohibition against allowing
a sex offender to reside near locations where children are the primary
occupants or users;
     (b) The bases upon which exceptions to the
general prohibition required by paragraph (a) of this subsection are
authorized;
     (c) A prohibition against allowing a sex
offender to reside in any dwelling in which another sex offender on probation,
parole or post-prison supervision resides unless authorized as provided in ORS
144.102 (3)(b)(M); and
     (d) A process that allows communities and
community corrections agencies that would be affected by a decision about the
location of a sex offenderÂ’s residence to be informed of the decision making
process before the offender is released.
     (2) Based upon the rules adopted under
subsection (1) of this section, the department shall develop a decision matrix
to be used in determining the permanent residence requirements for a sex
offender. [2001 c.365 §2; 2005 c.576 §5]
     Note: See note under 144.641.
     144.644
Criteria for determining residence; State Board of Parole and Post-Prison Supervision;
rules; matrix. (1) The State
Board of Parole and Post-Prison Supervision, in consultation with the
Department of Corrections and community corrections agencies, shall adopt rules
establishing criteria to be considered:
     (a) In reviewing the proposed residence of
a sex offender in a release plan under ORS 144.096 or a parole plan under ORS
144.125; and
     (b) In determining the residence of a sex
offender in a release plan under ORS 144.096, as a condition of post-prison
supervision under ORS 144.102 or as a condition of parole under ORS 144.270.
     (2) The board shall include in the rules:
     (a) A general prohibition against allowing
a sex offender to reside near locations where children are the primary
occupants or users;
     (b) The bases upon which exceptions to the
general prohibition required by paragraph (a) of this subsection are
authorized;
     (c) A prohibition against allowing a sex
offender to reside in any dwelling in which another sex offender on probation,
parole or post-prison supervision resides unless authorized as provided in ORS
144.102 (3)(b)(M); and
     (d) A process that allows communities and
community corrections agencies that would be affected by a decision about the
location of a sex offenderÂ’s residence to be informed of the decision making
process before the offender is released.
     (3) Based upon the rules adopted under
subsections (1) and (2) of this section, the board shall develop a decision
matrix to be used in determining the specific residence for a sex offender. [2001
c.365 §3; 2005 c.576 §6]
     Note: See note under 144.641.
     144.646
Use of rules and matrix by community corrections agency. When a community corrections agency reviews
a proposed release plan for a sex offender, the agency shall follow the rules
adopted by and utilize the decision matrix developed by the Department of
Corrections under ORS 144.642 in making decisions about the permanent residence
of the sex offender. [2001 c.365 §4]
     Note: See note under 144.641.
EXECUTIVE
CLEMENCY
     144.649
Granting reprieves, commutations and pardons generally; remission of penalties
and forfeitures. Upon such
conditions and with such restrictions and limitations as the Governor thinks
proper, the Governor may grant reprieves, commutations and pardons, after
convictions, for all crimes and may remit, after judgment therefor, all
penalties and forfeitures. [Formerly 144.640]
     144.650
Notice of intention to apply for pardon, commutation or remission; proof of
service. (1) When an
application for a pardon, commutation or remission is made to the Governor, a
copy of the application, signed by the person applying and stating fully the
grounds of the application, shall be served upon:
     (a) The district attorney of the county
where the conviction was had;
     (b) If the person applying is housed in a
correctional facility within the State of
     (c) The State Board of Parole and
Post-Prison Supervision; and
     (d) The Director of the Department of
Corrections.
     (2) Proof by affidavit of the service
shall be presented to the Governor.
     (3) Upon receiving a copy of the
application for pardon, commutation or remission, any person or agency named in
subsection (1) of this section shall provide to the Governor as soon as
practicable such information and records relating to the case as the Governor
may request and shall provide further information and records relating to the
case that the person or agency considers relevant to the issue of pardon,
commutation or remission, including but not limited to:
     (a) Statements by the victim of the crime
or any member of the victimÂ’s immediate family, as defined in ORS 163.730;
     (b) A statement by the district attorney
of the county where the conviction was had; and
     (c) Photos of the victim and the autopsy
report, if applicable.
     (4) Following receipt by the Governor of
an application for pardon, commutation or remission, the Governor shall not
grant the application for at least 30 days. Upon the expiration of 180 days, if
the Governor has not granted the pardon, commutation or remission applied for,
the application shall lapse. Any further proceedings for pardon, commutation or
remission in the case shall be pursuant only to further application and notice.
[Formerly 143.040; 1983 c.776 §1; 1987 c.320 §79; 1995 c.805 §1]
     144.660
Communication to legislature by Governor. The Governor shall report to the Legislative Assembly in the manner
provided in ORS 192.245 each reprieve, commutation or pardon granted since the
previous report to the Legislative Assembly required by this section. The
report shall include, but not be limited to the reason for granting the
reprieve, commutation or pardon, the name of the applicant, the crime of which
the applicant was convicted, the sentence and its date, statements by the
victim of the crime or any member of the victimÂ’s immediate family, as defined
in ORS 163.730, a statement by the district attorney where the conviction was
had, photos of the victim, the autopsy report, if applicable, and the date of
the commutation, pardon or reprieve. The Governor shall communicate a like
statement of particulars in relation to each case of remission of a penalty or
forfeiture, with the amount remitted. [Formerly 143.050; 1995 c.805 §2]
     144.670
Filing of papers by Governor.
When the Governor grants a reprieve, commutation or pardon or remits a fine or
forfeiture, the Governor shall within 10 days thereafter file all the papers
presented to the Governor in relation thereto in the office of the Secretary of
State, by whom they shall be kept as public records, open to public inspection.
[Formerly 143.060]
MISCELLANEOUS
PROVISIONS
     144.710
Cooperation of public officials with State Board of Parole and Post-Prison
Supervision and Department of Corrections. All public officials shall cooperate with the State Board of Parole
and Post-Prison Supervision and the Department of Corrections, and give to the
board or department, its officers and employees such information as may be
necessary to enable them to perform their functions. [Amended by 1973 c.836 §310;
1987 c.320 §80]
     144.720
JudgeÂ’s power to suspend execution of sentence or grant probation prior to
commitment. Nothing in ORS
144.005 to 144.025, 144.040, 144.050, 144.060, 144.075, 144.185, 144.226,
144.228, 144.260 to 144.380, 144.410 to 144.610, 144.620, 144.710 or this
section shall be construed as impairing or restricting the power given by law
to the judge of any court to suspend execution of any part of a sentence or to
impose probation as part of a sentence to any person who is convicted of a
crime before such person is committed to serve the sentence for the crime. [Amended
by 1985 c.283 §5; 1989 c.790 §47b; 1993 c.14 §17]
ADVISORY
COMMISSION ON PRISON TERMS AND PAROLE STANDARDS
     144.775
Commission members; terms; compensation; rules on duration of prison terms. (1) There is hereby established an Advisory
Commission on Prison Terms and Parole Standards. The commission shall consist
of equal numbers of State Board of Parole and Post-Prison Supervision members
and circuit court judges appointed by the Chief Justice of the Supreme Court.
The legal counsel to the Governor shall serve as an ex officio member of the
commission and shall not vote unless necessary to break a voting deadlock. The
Director of the Department of Corrections shall act as an advisor to the
commission.
     (2) The term of office of each of the
members appointed by the Chief Justice is four years. Before the expiration of
the term of any of those members, the Chief Justice shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Chief Justice shall
make an appointment to become immediately effective for the unexpired term.
     (3) A member of the commission shall
receive no compensation for services as a member. However, all members may
receive actual and necessary travel and other expenses incurred in the
performance of their official duties under ORS 292.495.
     (4) The chairperson of the State Board of
Parole and Post-Prison Supervision and a judge elected by the judicial members
shall serve in alternate years as chairperson of the commission. The
chairperson and a vice chairperson shall be elected prior to July 1 of each
year to serve for the year following. The commission shall adopt its own bylaws
and rules of procedure. A majority of the commission members shall constitute a
quorum for the transaction of business. An affirmative vote of a majority of
the members shall be required to make proposals to the board under ORS 144.775
to 144.791.
     (5) The commission shall meet at least
annually at a place and time determined by the chairperson and at such other
times and places as may be specified by the chairperson or five members of the
commission.
     (6) The State Board of Parole and
Post-Prison Supervision shall provide the commission with the necessary
clerical and secretarial staff support and shall keep the members of the
commission fully informed of the experience of the board in applying the
standards derived from those proposed by the commission.
     (7) The commission shall propose to the
State Board of Parole and Post-Prison Supervision and the board shall adopt
rules establishing ranges of duration of imprisonment and variations from the
ranges. In establishing the ranges and variations, factors provided in ORS
144.780 and 144.785 shall be considered. [1977 c.372 §1; 1983 c.740 §20; 1987
c.320 §81; 1991 c.126 §7]
     144.780
Rules on duration of imprisonment; objectives; considerations in prescribing
rules. (1) The commission
shall propose to the board and the board shall adopt rules establishing ranges
of duration of imprisonment to be served for felony offenses prior to release
on parole. The range for any offense shall be within the maximum sentence
provided for that offense.
     (2) The ranges shall be designed to
achieve the following objectives:
     (a) Punishment which is commensurate with
the seriousness of the prisonerÂ’s criminal conduct; and
     (b) To the extent not inconsistent with
paragraph (a) of this subsection:
     (A) The deterrence of criminal conduct;
and
     (B) The protection of the public from
further crimes by the defendant.
     (3) The ranges, in achieving the purposes
set forth in subsection (2) of this section, shall give primary weight to the
seriousness of the prisonerÂ’s present offense and criminal history. Existing
correctional resources shall be considered in establishing the ranges. [1977
c.372 §2; 1985 c.163 §1]
     144.783
Duration of term of imprisonment when prisoner is sentenced to consecutive
terms. (1) When a prisoner
is sentenced to two or more consecutive terms of imprisonment, the duration of
the term of imprisonment shall be the sum of the terms set by the State Board
of Parole and Post-Prison Supervision pursuant to the ranges established for
the offenses, subject to ORS 144.079, and subject to the variations established
pursuant to ORS 144.785 (1).
     (2) 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. [1987 c.634 §2; 1991 c.126 §9]
     144.785
Rules on duration of prison terms when aggravating or mitigating circumstances
exist; limitation on terms; dangerous offenders. (1) The commission shall propose to the
board and the board shall adopt rules regulating variations from the ranges, to
be applied when aggravating or mitigating circumstances exist. The rules shall
define types of circumstances as aggravating or mitigating and shall set the
maximum variation permitted.
     (2) In no event shall the duration of the
actual imprisonment under the ranges or variations from the ranges exceed the
maximum term of imprisonment fixed for an offense, except in the case of a
prisoner who has been sentenced under ORS 161.725 as a dangerous offender, in
which case the maximum term shall not exceed 30 years. [1977 c.372 §3; 1981
c.547 §1; 1987 c.634 §3]
     144.787
Rules on age or physical disability of victim constituting aggravating
circumstance. The Advisory
Commission on Prison Terms and Parole Standards and the State Board of Parole
and Post-Prison Supervision shall provide, in rules adopted under ORS 144.785,
that, in the case of a crime involving a physical or sexual assault, a victimÂ’s
particular vulnerability to injury in such case due to the victimÂ’s youth,
advanced age or physical disability, shall constitute an aggravating
circumstance justifying a variation from the range of duration of imprisonment
otherwise applicable in the case. [1985 c.767 §3]
PRESENTENCE
REPORTS
     144.790 [1977 c.372 §10; 1979 c.648 §1; 1981 c.426 §4;
1983 c.723 §2; 1983 c.740 §21; 1985 c.503 §1; 1987 c.320 §82; 1989 c.790 §8a;
1991 c.270 §1; 1993 c.294 §6; 1993 c.692 §8; repealed by 1995 c.520 §3 (144.791
enacted in lieu of 144.790)]
     144.791
Presentence report in felony conviction cases; when required. (1) When a person is convicted of a felony,
including a felony sexual offense, the sentencing court may order a presentence
report upon its own motion or upon the request of the district attorney or the
defendant.
     (2) The sentencing court shall order a
presentence report if the defendant is convicted of a felony sexual offense
unless:
     (a) The defendant, as part of the same
prosecution, is convicted of aggravated murder;
     (b) The felony sexual offense requires the
imposition of a mandatory minimum prison sentence and no departure is sought by
the court, district attorney or defendant; or
     (c) The felony sexual offense requires
imposition of a presumptive prison sentence and no departure is sought by the
court, district attorney or defendant.
     (3) The Department of Corrections shall:
     (a) Require that a presentence report
provide an analysis of what disposition is most likely to reduce the offenderÂ’s
criminal conduct, explain why that disposition would have that effect and
provide an assessment of the availability to the offender of any relevant
programs or treatment in or out of custody, whether provided by the department
or another entity;
     (b) Determine what additional information
must be included in the presentence report; and
     (c) Establish a uniform presentence report
form. [1995 c.520 §4 (enacted in lieu of 144.790); 2005 c.473 §1]
     144.795 [1981 c.136 §2; repealed by 1985 c.503 §4]
     144.800 [1985 c.503 §2; 1987 c.320 §83; 1989 c.790 §8b;
repealed by 1995 c.520 §7]
_______________
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