Chapter 141 Oregon Laws 1999

Session Law

AN ACT

SB 394

Relating to parole release dates; creating new provisions; and amending ORS 144.125 and 144.335.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 144.125 is amended to read:

144.125. (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 prisoner's parole plan and psychiatric or psychological report, if any, and the record of the prisoner'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 prisoner'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 [mental or] present severe emotional disturbance[, deficiency, condition or disorder predisposing the prisoner to the commission of a crime to a degree rendering the prisoner] 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 [mental or] present severe emotional disturbance[, deficiency, condition or disorder predisposing the prisoner to the commission of a crime to a degree rendering the prisoner] 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 prisoner'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.

SECTION 2. The amendments to ORS 144.125 by section 1 of this 1999 Act apply to any decision made by the State Board of Parole and Post-Prison Supervision on or after July 13, 1993.

SECTION 3. ORS 144.335 is amended to read:

144.335. (1) When a person over whom the State Board of Parole and Post-Prison Supervision exercises its jurisdiction is adversely affected or aggrieved by a final order of the board related to the granting, revoking or discharging of parole, the revoking of post-prison supervision or the imposition of conditions of parole or of post-prison supervision and after exhaustion of administrative review as provided by board rule, such person is entitled to judicial review of the final order.

(2) Notwithstanding subsection (1) of this section, the board's order is final and is not subject to judicial review when the board sustains a minimum term imposed under ORS 144.110 and the prisoner does not contest the crime severity rating or the history risk score established by the board under its rules.

(3) Notwithstanding subsection (1) of this section, the board's order is final and is not subject to judicial review when the board makes any decision relating to a release date or a parole consideration hearing date, including:

(a) Setting an initial release date under ORS 144.120, except that the setting of an initial release date under ORS 144.120 remains subject to judicial review if the prisoner contests the crime severity rating, the history risk score or aggravation factors found by the board under the rules of the board.

(b) Setting a date for a parole consideration hearing under ORS 144.228.

(d) Denying, granting or granting in part a prisoner's request under ORS 144.122 for advancement of the initial release date.

(e) Referring a prisoner for psychological evaluation under ORS 144.223.

(f) Postponing a prisoner's release date because of serious misconduct during confinement under ORS 144.125 (2).

(g) Postponing a prisoner's release date because of a [psychological diagnosis] board finding under ORS 144.125 (3).

(h) Postponing a prisoner's release date because of a prisoner's refusal to submit to a psychological evaluation.

(i) Denying a prisoner's request under ORS 144.228 (1) for an early parole consideration hearing.

(4) The final order and the proceedings underlying the order are subject to review by the Court of Appeals upon petition to that court filed within 60 days of the final order for which review is sought. The board shall submit to the court the record of the proceeding, or, if the inmate agrees, a shortened record. A copy of the record transmitted shall be delivered to the inmate by the board.

(5) The court 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 board's order, but the board may do so, or the court may order a stay upon application on such terms as it deems proper.

(6) In the case of disputed allegations of irregularities in procedure before the board not shown in the record which, 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.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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