Chapter 144 — Parole;
Post-Prison Supervision; Work Release; Executive Clemency;
Standards for
Prison Terms and Parole; Presentence Reports
2011 EDITION
PAROLE AND POST-PRISON SUPERVISION
PROCEDURE IN CRIMINAL MATTERS GENERALLY
ADMINISTRATION
(Board)
144.005 State
Board of Parole and Post-Prison Supervision; membership; compensation
144.015 Confirmation
by Senate
144.025 Chairperson;
quorum
144.035 Board
hearings; panels; exception
144.040 Board
to determine parole and post-prison supervision violations
144.050 Power
of board to authorize parole; rules
144.054 When
board decision must be reviewed by full board
(Generally)
144.059 State
Board of Parole and Post-Prison Supervision Account
144.060 Acceptance
of funds or property; contracts with federal government and others
144.075 Payment
of expenses of returning violators of parole or post-prison supervision,
conditional pardon or commutation
144.079 Determination
of total term of certain consecutive sentences of imprisonment; summing of sentences;
exceptions
144.085 Active
parole and post-prison supervision; minimum amounts; extension
144.087 “Supervisory
authority” defined
POST-PRISON SUPERVISION
144.096 Release
plan; contents
144.098 Review
of release plan
144.101 Board’s
jurisdiction over conditions of post-prison supervision
144.102 Conditions
of post-prison supervision
144.103 Term
of post-prison supervision for person convicted of certain offenses
144.104 Supervisory
authority; revising conditions
144.106 Violation
of post-prison supervision conditions; sanctions
144.107 Sanctions
for violations of conditions of post-prison supervision; rules
144.108 Recommitment
to prison for certain violations; procedure; effect of recommitment
144.109 Violation
of post-prison supervision by sexually violent dangerous offender; maximum
period of sanction
PAROLE PROCESS
144.110 Restriction
on parole of persons sentenced to minimum terms
144.120 Initial
parole hearing; setting initial parole release date; deferral of setting
initial date
144.122 Advancing
initial release date; requirements; exceptions; rules
144.123 Who
may accompany person to parole hearing; rules
144.125 Review
of parole plan, psychological reports and conduct prior to release; release
postponement; elements of parole plan; Department of Corrections assistance;
rules
144.126 Advancing
release date of prisoner with severe medical condition including terminal
illness or who is elderly and permanently incapacitated; rules
144.130 Prisoner
to have access to written materials considered at hearings or interviews;
access procedures
144.135 Bases
of parole decisions to be in writing
144.140 Rules
144.185 Records
and information available to board
144.223 Examination
by psychiatrist or psychologist of parole candidate; report; copies to affected
persons
144.226 Examination
by psychiatrist or psychologist of person sentenced as dangerous offender;
report
144.228 Periodic
parole consideration hearings for dangerous offenders; setting of parole date;
information to be considered
144.232 Release
of dangerous offender to post-prison supervision; eligibility; hearing
144.245 Date
of release on parole; effect of release order
144.260 Notice
of prospective release on parole or post-prison supervision of inmate
144.270 Conditions
of parole
144.275 Parole
of inmates sentenced to pay compensatory fines or make restitution; schedule of
payments
144.280 Hearing
after parole denied to prisoner sentenced for crime committed prior to November
1, 1989; rules
144.285 Hearing
after petition for change in terms of confinement denied to prisoner convicted
of aggravated murder or murder; rules
TERMINATION OF PAROLE
144.315 Evidence
admissible before board; procedures
144.317 Appointment
of attorneys; payment
144.331 Suspension
of parole or post-prison supervision; custody of violator; revocation hearing
before suspension
144.334 Use
of citations for parole or post-prison supervision violators; conditions;
appearance
144.335 Appeal
from order of board to Court of Appeals; appointment of master; costs
144.337 Public
Defense Services Commission to provide counsel for eligible petitioners
144.340 Power
to retake and return violators of parole and post-prison supervision
144.341 Procedure
upon arrest of violator
144.343 Hearing
required on revocation; procedure
144.345 Revocation
of parole; effect of conviction for crime
144.346 Parole
revocation sanctions; rules
144.347 Subpoena
power of board; reimbursement for costs; contempt proceedings
144.349 When
ORS 144.343 does not apply
144.350 Order
for arrest and detention of escapee or violator of parole, post-prison
supervision, probation, conditional pardon or other conditional release;
investigation by department
144.360 Effect
of order for arrest and detention of violator
144.370 Suspension
of parole or post-prison supervision following order for arrest and detention;
hearing
144.374 Deputization of persons in other states to act in returning
Oregon violators
144.376 Contracts
for sharing expense with other states of cooperative returns of violators
144.380 Violator
as fugitive from justice
144.395 Rerelease
of persons whose parole has been revoked; rules
SEIZURE OF PROPERTY BY PAROLE AND
PROBATION OFFICERS
144.404 Department
of Corrections authority to receive, hold and dispose of property
144.405 Duty
of officer upon seizure; disposition of property if no claim to rightful
possession is established
144.406 Petition
for return of things seized
144.407 Grounds
for valid claim to rightful possession
144.408 Hearing
on petition
144.409 Granting
petition for return of things seized; judicial review
WORK RELEASE PROGRAM
144.410 Definitions
for ORS 144.410 to 144.525
144.420 Department
of Corrections to administer work release program; purposes of release; housing
of parolee
144.430 Duties
of department in administering program
144.440 Recommendation
by sentencing court
144.450 Approval
or rejection of recommendations; rules; exemptions from Administrative
Procedures Act
144.460 Contracts
for quartering of enrollees
144.470 Disposition
of enrollee’s compensation under program; rules
144.480 Protections
and benefits for enrollees
144.490 Status
of enrollees
144.500 Effect
of violation or unexcused absence by enrollee
144.515 Release
terminates enrollment; continued employment
144.522 Revolving
fund
144.525 Custody
of enrollee earnings deducted or otherwise retained by department
INTERSTATE COMPACT FOR ADULT OFFENDER
SUPERVISION
144.600 Interstate
Compact for Adult Offender Supervision
144.602 Short
title
144.603 Withdrawal
from compact
144.605 Fee
for application to transfer supervision
UNIFORM ACT FOR OUT-OF-STATE SUPERVISION
144.610 Out-of-state
supervision of parolees; contract with other states
144.613 Notice
when parole or probation violated; hearing; report to sending state; taking
person into custody
144.615 Hearing
procedure
144.617 Hearing
on violation in another state; effect of record in such hearing
144.620 Short
title
144.622 “Parole”
and “parolee” defined for Uniform Act for Out-of-State Supervision
SEX OFFENDERS; SPECIAL PROVISIONS
(Sexually Violent Dangerous Offenders)
144.635 Intensive
supervision; duration
144.637 Rules
144.639 Projecting
number of persons to be classified as sexually violent dangerous offenders;
budgeting
(Sex Offender Residence Requirements)
144.641 Definitions
144.642 Criteria
for determining residence; Department of Corrections; rules; matrix
144.644 Criteria
for determining residence; State Board of Parole and Post-Prison Supervision;
rules; matrix
144.646 Use
of rules and matrix by community corrections agency
EXECUTIVE CLEMENCY
144.649 Granting
reprieves, commutations and pardons generally; remission of penalties and
forfeitures
144.650 Notice
of intention to apply for pardon, commutation or remission; proof of service
144.660 Report
to legislature by Governor
144.670 Filing
of papers by Governor
MISCELLANEOUS PROVISIONS
144.710 Cooperation
of public officials with State Board of Parole and Post-Prison Supervision and
Department of Corrections
144.720 Judge’s
power to suspend execution of sentence or grant probation prior to commitment
144.730 Failure
to complete treatment program
144.750 Victim’s
rights
ADVISORY COMMISSION ON PRISON TERMS AND
PAROLE STANDARDS
144.775 Commission
members; terms; compensation; rules on duration of prison terms
144.780 Rules
on duration of imprisonment; objectives; considerations in prescribing rules
144.783 Duration
of term of imprisonment when prisoner is sentenced to consecutive terms
144.785 Rules
on duration of prison terms when aggravating or mitigating circumstances exist;
limitation on terms; dangerous offenders
144.787 Rules
on age or physical disability of victim constituting aggravating circumstance
PRESENTENCE REPORTS
144.791 Presentence
report in felony conviction cases; when required
ON-THE-JOB TRAINING OF EX-OFFENDERS
(Temporary provisions relating to
on-the-job training of ex-offenders are compiled as notes following ORS
144.791)
ADMINISTRATION
(Board)
144.005 State Board of Parole and
Post-Prison Supervision; membership; 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 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 authorize
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 or property;
contracts with federal government and others. The
Department of Corrections, with the written consent of the Governor, shall:
(1)
Accept from the United States of America, or any of its agencies, such funds,
equipment and supplies as may be made available to this state to carry out any
of the functions of the department and shall enter into such contracts and
agreements with the United States, or any of its agencies, as may be necessary,
proper and convenient, not contrary to the laws of this state.
(2)
Enter into an agreement with the county court or board of county commissioners
of any county, or with the governing officials of any municipality of this
state having a population of 300,000 or less for the payment by the county or
municipality of all or any part of the cost of the performance by the
Department of Corrections or State Board of Parole and Post-Prison Supervision
of any parole, post-prison supervision or probation services or of the
supervision of any parole, post-prison supervision or probation case arising
within the county or municipality.
(3)
Accept any grant or donation of land or any gift of money or other valuable
thing made to the state to carry out any of the functions of the department.
(4)
Enter into an agreement with the county court or board of county commissioners
of each county within the boundaries of which the largest part of a city having
a population of more than 300,000 is situated for the payment by the county of
all or any part of the cost of the performance by the department of all or any
part of the responsibility for prisoners transferred to the county by section
13, chapter 633, Oregon Laws 1971. [Amended by 1969 c.597 §112; 1971 c.633 §11;
1973 c.836 §286; 1974 c.36 §4; 1987 c.320 §49; 1989 c.790 §26]
144.070
[Repealed by 1969 c.597 §281]
144.075 Payment of expenses of returning
violators of parole or post-prison supervision, conditional pardon or
commutation. Any expense incurred by the state for
returning to the Department of Corrections any parole or post-prison
supervision violator or violator of a conditional commutation or conditional
pardon shall be paid out of the biennial appropriations made for the payment of
the state’s portion of the expenses incident to such transportation. [1953
c.191 §1; 1973 c.836 §287; 1987 c.320 §50; 1989 c.790 §27]
144.079 Determination of total term of
certain consecutive sentences of imprisonment; summing of sentences;
exceptions. (1)(a) If a prisoner is sentenced to
terms of imprisonment that are consecutive to one another and result from
crimes committed during the period before the prisoner’s first initial parole
hearing, or if a prisoner is sentenced to terms of imprisonment that are
consecutive to one another and result from crimes committed during the period
between any two initial parole hearings, the total term resulting from the
crimes committed during each such separate period shall be determined by the
State Board of Parole and Post-Prison Supervision as follows, except as
provided in subsection (2) of this section, and the total terms so determined
shall then be summed as provided in ORS 144.783 (1):
(A)
First, the board shall establish the appropriate range for the felony
determined by the board, according to its rules, to be the most serious of the
felonies committed during the period. If two or more felonies are determined to
be equally the most serious, the board shall establish the appropriate range
under this paragraph only for one of those felonies.
(B)
Second, the board shall establish a range for each of the remaining felonies
committed during the same period. For purposes of establishing the ranges for
the remaining felonies under this paragraph, the board shall not consider prior
criminal history.
(C)
Third, the board shall determine the total range applicable in the offender’s
case for crimes committed during the same period by summing the ranges
established under subparagraph (B) of this paragraph with the range established
under subparagraph (A) of this paragraph and shall determine an appropriate
term within that range.
(D)
Finally, the board shall vary the term determined under subparagraph (C) of
this paragraph according to rules established under ORS 144.785 (1), if the
board finds aggravating or mitigating factors in the case. The board shall
consider as an aggravating factor the fact that the prisoner has been sentenced
to consecutive terms of imprisonment.
(b)
Whenever a prisoner is committed to the custody of the Department of
Corrections for a crime that was committed during a period already considered
at an initial parole hearing and upon a sentence consecutive to any sentence
imposed for crimes committed during that period, the board shall conduct a
hearing to consider the previously unconsidered crime. The hearing shall be a
hearing supplemental to the original initial hearing concerning crimes
committed during the period. Time limitations and other procedural provisions
applicable to initial hearings shall apply to a supplemental hearing under this
subsection. Upon conclusion of the supplemental hearing, the board shall redetermine the appropriate total term for the period. The
redetermination shall be conducted de novo under the provisions of subsection
(2) of this section.
(2)
The method established by this section for determining, where applicable, the
total term resulting from the summing of consecutive sentences shall apply only
if none of the crimes involved is:
(a)
Murder, as defined in ORS 163.115 or any aggravated form thereof;
(b)
Assault in the first degree, as defined in ORS 163.185;
(c)
Kidnapping in the first degree, as defined in ORS 163.235;
(d)
Rape in the first degree, as defined in ORS 163.375;
(e)
Sodomy in the first degree, as defined in ORS 163.405;
(f)
Unlawful sexual penetration, as defined in ORS 163.411;
(g)
Arson in the first degree, as defined in ORS 164.325; or
(h)
Treason, as defined in ORS 166.005.
(3)
The duration of imprisonment pursuant to consecutive sentences may be less than
the sum of the terms under subsection (1) of this section if the board finds,
by affirmative vote of a majority of its members that consecutive sentences are
not appropriate penalties for the criminal offenses involved and that the
combined terms of imprisonment are not necessary to protect community security.
(4)
The State Board of Parole and Post-Prison Supervision shall use the method set
forth in subsections (1) to (3) of this section to determine the parole release
date for any person serving a sentence in the custody of the Department of
Corrections for crimes committed before or after July 11, 1987. [1987 c.634 §§4,7;
1989 c.641 §1; 1991 c.126 §4; 1991 c.386 §7]
Note:
144.079 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 144 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
144.080
[Amended by 1955 c.688 §4; repealed by 1969 c.597 §281]
144.085 Active parole and post-prison
supervision; minimum amounts; extension. (1) All
prisoners sentenced to prison for more than 12 months shall serve active
periods of parole or post-prison supervision as follows:
(a)
Six months of active parole or post-prison supervision for crimes in crime
categories one to three;
(b)
Twelve months of active parole or post-prison supervision for crimes in crime
categories four to 10;
(c)
Prisoners sentenced as dangerous offenders under ORS 161.725 and 161.735, for
aggravated murder under ORS 163.105 or for murder under ORS 163.115 shall serve
at least three years of active parole or post-prison supervision;
(d)
Prisoners sentenced for violating or attempting to violate ORS 163.365,
163.375, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427 shall serve a
term of parole that extends for the entire term of the offender’s sentence or a
term of post-prison supervision as provided in ORS 144.103; and
(e)
Prisoners sentenced for robbery in the first degree under ORS 164.415 or for
arson in the first degree under ORS 164.325 shall serve three years of active
parole or post-prison supervision.
(2)
Except as authorized in subsections (3) and (4) of this section, when an
offender has served the active period of parole or post-prison supervision
established under subsection (1)(a) or (b) of this section, the supervisory
authority shall place the offender on inactive supervision status.
(3)
No sooner than 30 days prior to the expiration of an offender’s active parole
or post-prison supervision period as provided in subsection (1) of this
section, the supervisory authority may send to the State Board of Parole and
Post-Prison Supervision a report requesting the board to extend the active
supervision period or to return the offender to active supervision status, not
to exceed the supervision term imposed by the sentencing court under the rules
of the Oregon Criminal Justice Commission and applicable laws, if the offender
has not substantially fulfilled the supervision conditions or has failed to
complete payment of restitution. The report shall include:
(a)
An evaluation of the offender’s compliance with supervision conditions;
(b)
The status of the offender’s court-ordered monetary obligations, including
fines and restitution, if any;
(c)
The offender’s employment status;
(d)
The offender’s address;
(e)
Treatment program outcome;
(f)
Any new criminal activity; and
(g)
A recommendation that the board extend the supervision period or return the
offender to active supervision status.
(4)
After reviewing the report submitted under subsection (3) of this section, the
board may extend the active supervision period or return the offender to active
supervision status, not to exceed the supervision term imposed by the
sentencing court under the rules of the Oregon Criminal Justice Commission and
applicable laws, if it finds the offender has not substantially fulfilled the
supervision conditions or has failed to complete payment of restitution.
(5)
During the pendency of any violation proceedings, the running of the
supervision period and the sentence is stayed, and the board has jurisdiction
over the offender until the proceedings are resolved.
(6)
The board shall send written notification to the supervised offender of the
expiration of the sentence. [1993 c.680 §4; 1995 c.202 §1; 1995 c.423 §22; 1999
c.161 §2; 2006 c.1 §4]
Note:
144.085 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 144 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
Note:
Sections 22, 23, 47 (5) and 49 (12) and (13), chapter 660, Oregon Laws 2009,
provide:
Sec. 22.
Section 23 of this 2009 Act is added to and made a part of ORS chapter 144.
[2009 c.660 §22]
Sec. 23. (1)
All persons sentenced to the legal and physical custody of the supervisory
authority under ORS 137.124 (2) shall serve active periods of post-prison
supervision as follows:
(a)
Six months of active post-prison supervision for crimes in crime categories 1
to 3; and
(b)
Twelve months of active post-prison supervision for crimes in crime categories
4 to 10.
(2)
Except as authorized in subsections (3) and (4) of this section, when an
offender has served the active period of post-prison supervision established
under subsection (1) of this section, the supervisory authority shall place the
offender on inactive supervision status.
(3)
No sooner than 30 days prior to the expiration of an offender’s active
post-prison supervision period as provided in subsection (1) of this section,
the parole and probation officer responsible for supervising the offender may
send to the supervisory authority a report requesting the supervisory authority
to extend the active post-prison 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 supervisory authority 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
supervisory authority may extend the active post-prison 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 the supervisory authority finds that
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 supervisory authority
has jurisdiction over the offender until the proceedings are resolved.
(6)
The supervisory authority shall send written notification to the supervised
offender of the expiration of the sentence.
(7)
The Department of Corrections may adopt rules to carry out the provisions of
this section. A community corrections agency shall comply with the rules
adopted under this subsection. [2009 c.660 §23]
Sec. 47. (5)
Sections 22 and 23, chapter 660, Oregon Laws 2009, are repealed on July 1,
2013. [2009 c.660 §47; 2011 c.498 §1(5)]
Sec. 49. (12)
Except as provided in subsection (13) of this section, section 23, chapter 660,
Oregon Laws 2009, applies to persons:
(a)
Convicted of a crime committed before July 1, 2013; and
(b)
Sentenced to the legal and physical custody of the supervisory authority under
ORS 137.124 (2).
(13)(a)
A person sentenced to the legal and physical custody of a supervisory authority
under ORS 137.124 (2) shall serve an active period of post-prison supervision
of at least two additional months if, on July 1, 2009, the person has served:
(A)
Four months or more of active post-prison supervision for crimes in crime
categories 1 to 3; or
(B)
Ten months or more of active post-prison supervision for crimes in crime
categories 4 to 10.
(b)
Except as provided in paragraph (c) of this subsection, the supervisory
authority shall place an offender described in paragraph (a) of this subsection
on inactive supervision status on the date that is two months after July 1,
2009.
(c)
At any time before the date that is two months after July 1, 2009:
(A)
The parole and probation officer responsible for supervising an offender
described in paragraph (a) of this subsection may send a report described in
section 23 (3), chapter 660, Oregon Laws 2009, to the supervisory authority for
review; and
(B)
After reviewing the report, the supervisory authority may extend the active
post-prison supervision period in accordance with section 23 (4), chapter 660,
Oregon Laws 2009.
(d)
Section 23, chapter 660, Oregon Laws 2009, and the provisions of this
subsection and subsection (12) of this section do not apply to a person
sentenced to the legal and physical custody of a supervisory authority under
ORS 137.124 (2) whose term of active post-prison supervision imposed by the
sentencing court expires on or before the date that is two months after July 1,
2009. [2009 c.660 §49(13),(14); 2010 c.2 §6(13),(14); 2011 c.498 §2(13),(14);
2011 c.596 §4(12),(13)]
144.087 “Supervisory authority” defined.
(1) As used in ORS 137.124, 144.085 and 423.478, ORS chapter 144 and this
section, “supervisory authority” means the state or local corrections agency or
official designated in each county by that county’s board of county
commissioners or county court to operate corrections supervision services,
custodial facilities or both.
(2)
Except as provided in ORS 137.124, 137.593 (2)(d) and 423.478, all terms of
imprisonment or incarceration of 12 months or less must be served at the
direction of the supervisory authority.
(3)
Nothing in this section is intended to repeal ORS 169.320 to 169.360, or in any
way affect the sheriff’s authority, duties and liabilities set forth in ORS
169.320 to 169.360. [1995 c.423 §27; 1996 c.4 §11]
Note:
144.087 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 144 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
144.090
[Amended by 1969 c.502 §4; repealed by 1969 c.597 §281]
144.095 [1967
c.526 §3; 1969 c.314 §7; repealed by 1969 c.597 §281]
POST-PRISON SUPERVISION
144.096 Release plan; contents.
(1)(a) The Department of Corrections shall prepare a proposed release plan for
an inmate prior to the inmate’s release from prison.
(b)
The department shall submit the proposed release plan to the State Board of
Parole and Post-Prison Supervision not less than 60 days prior to the inmate’s
release.
(c)
If the proposed release plan is not approved by the board, the board shall
return the plan to the department with its recommended modifications. The
department shall submit a revised plan to the board not less than 10 days prior
to the inmate’s release.
(d)
If the revised plan is not acceptable to the board, the board shall determine
the provisions of the final plan prior to the inmate’s release.
(2)
The local supervisory authority that is responsible for correctional services
for an inmate shall prepare a proposed release plan for the inmate prior to the
inmate’s release from jail. The local supervisory authority shall approve the
release plan under its rules.
(3)
A release plan prepared under subsection (1) or (2) of this section must
include:
(a)
A description of support services and program opportunities available to the
inmate;
(b)
The recommended conditions of post-prison supervision;
(c)
The level of supervision that shall be consistent with the inmate’s risk
assessment classification;
(d)
Any other conditions and requirements as may be necessary to promote public
safety;
(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 inmate’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 inmate’s reintegration into the community
that may be submitted by the inmate, the inmate’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 board’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 inmate’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 Board’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
must 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 person’s participation. The
board or supervisory authority may not order a person to pay a fee in excess of
$5 under this paragraph.
(3)
If the person is required to report as a sex offender under ORS 181.595, the
board or supervisory authority shall include as a condition of post-prison
supervision that the person report with the Department of State Police, a city
police department, a county sheriff’s office 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 person’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.
(4)(a)
The board or supervisory authority may establish special conditions that the
board or supervisory authority considers 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 person’s post-prison
supervision:
(A)
Agreement to comply with a 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 direct or indirect contact with the victim, unless
approved by the victim, the person’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 sexually stimulating visual or auditory materials that are relevant
to the person’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 a 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 person’s living arrangement with the person’s sex
offender treatment provider to ensure that the arrangement supports the goals
of offender rehabilitation and community safety.
(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 person’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 (7) 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.
(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 victim’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 person’s residence, the board or supervisory authority may not require the
person to change the person’s residence in order to comply with the special
condition of post-prison supervision.
(5)(a)
The board or supervisory authority may require the person to pay, as a
condition of post-prison supervision, 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.
(6)
A person’s failure to apply for or accept employment at a workplace where there
is a labor dispute in progress does not constitute a violation of the
conditions of post-prison supervision.
(7)(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 that last supervised
the person, if the person was on active supervision as an adult for a felony at
the time of the offense that resulted in the imprisonment.
(b)
If the person was not on active supervision as an adult for a felony at the
time of the offense that resulted in the imprisonment, 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.
(c)
For purposes of paragraph (b) of this subsection:
(A)
The board shall determine the county where the person resided at the time of
the offense by examining records such as:
(i) An Oregon driver license, regardless of its validity;
(ii)
Records maintained by the Department of Revenue;
(iii)
Records maintained by the Department of State Police;
(iv)
Records maintained by the Department of Human Services;
(v)
Records maintained by the Department of Corrections; and
(vi)
Records maintained by the Oregon Health Authority.
(B)
If the person did not have an identifiable address at the time of the offense,
or the address cannot be determined, 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 is
determined according to the date of the last arrest resulting in a conviction.
(D)
In determining the person’s county of residence, the board may not consider
offenses committed by the person while the person was incarcerated in a
Department of Corrections facility.
(d)
Upon motion of the board, the supervisory authority, the person, a victim or a
district attorney, the board may waive the residency condition under paragraph
(b) of this subsection 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 county of residence determined under paragraph (c) of this
section;
(B)
The person is found to pose a significant danger to a victim of the person’s
crime residing in the county of residence, or a victim or victim’s family
residing in the county of residence is found to pose a significant danger to
the person;
(C)
The person has a spouse or biological or adoptive family residing in a county
other than the 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 county of
residence;
(E)
The person requests release to another state; or
(F)
The board finds other good cause for the waiver.
(8)
As used in this section:
(a)
“Attends,” “carries on a vocation,” “institution of higher education” and “works”
have the meanings given those terms in ORS 181.594.
(b)(A)
“Dwelling” has the meaning given that term in ORS 469B.100.
(B)
“Dwelling” does not mean a residential treatment facility or a halfway house.
(c)
“Halfway house” means a residential facility that provides rehabilitative care
and treatment for sex offenders.
(d)
“Labor dispute” has the meaning given that term in ORS 662.010. [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; 2009 c.204 §6; 2009 c.595 §99; 2009 c.713 §12; 2011 c.258 §1; 2011
c.547 §30]
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 person’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:
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 person’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.
(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 board’s imposition of the term of incarceration. [1989 c.790 §36;
1995 c.423 §17; 1997 c.313 §13; 1997 c.525 §5; 2009 c.178 §29; 2010 c.89 §12]
Note: See
note under 144.096.
144.109 Violation of post-prison
supervision by sexually violent dangerous offender; maximum period of sanction.
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; setting
initial parole release date; deferral of setting initial date.
(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. [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; 2010 c.89 §11]
Note: See
note under 144.110.
144.122 Advancing initial release date;
requirements; exceptions; 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 inmate’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;
elements of 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 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 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. The board may not postpone a prisoner’s scheduled release date to
a date that is less than two years, or more than 10 years, from the date of the
hearing, unless the prisoner would be held beyond the maximum sentence. The
board shall determine the scheduled release date, and the prisoner may petition
for interim review, in accordance with ORS 144.280.
(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 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. [1977
c.372 §6; 1981 c.426 §2; 1987 c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999
c.141 §1; 2009 c.660 §3]
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 prisoner’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 prisoner’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 prisoner’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 psychiatrist’s or psychologist’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 person’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 board’s
rules.
(b)(A)
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, a review will be
conducted no less than two years, and no more than 10 years, from the date of
the previous review, 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.
(B)
The board may not grant the prisoner a review hearing that is more than two
years from the date of the previous hearing unless the board finds that it is
not reasonable to expect that the prisoner would be granted a release date
before the date of the subsequent hearing.
(C)
The board shall determine the date of the review hearing in accordance with
rules adopted by the board. Rules adopted under this subparagraph must be based
on the foundation principles of criminal law described in section 15, Article I
of the Oregon Constitution.
(D)
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 precludes a prisoner from submitting a request for a
parole consideration hearing prior to the earliest time the prisoner is
eligible for parole. If the board grants a prisoner a review hearing that is
more than two years from the date of the previous hearing, the prisoner may
submit a request for an interim review hearing not earlier than the date that
is two years from the date of the previous hearing and at intervals of not less
than two years thereafter. Should the board find, based upon a request
described in this paragraph, 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.
(d)
When the board grants a prisoner a review hearing that is more than two years
from the date of the previous hearing and when the board denies a petition for
an interim hearing, the board shall issue a final order. The order shall be
accompanied by findings of fact and conclusions of law. The findings of fact
shall consist of a concise statement of the underlying facts supporting the
findings as to each contested issue of fact and as to each ultimate fact
required to support the board’s order. Unless the prisoner bears the burden of
persuasion, the order shall include findings necessary to deny the prisoner a
release date for any period of time when the prisoner would be presumed to be
eligible for a release date.
(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
officer’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 person’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 person’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; 2009 c.660 §4]
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
offender’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 offender’s release from prison for an indefinite period of time. An
offender returned to prison under this paragraph is entitled to periodic
reviews 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; 2009 c.660
§5]
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 prisoner’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
person’s release and the conditions of the person’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. A copy
of the conditions must 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 person paroled
must:
(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 a 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 person paroled
or of society.
(3)
If the person paroled is required to report as a sex offender under ORS
181.595, the board shall include as a condition of parole that the person
report with the Department of State Police, a city police department, a county
sheriff’s office 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 person’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.
(4)(a)
The board may establish special conditions that it considers necessary because
of the individual circumstances of the person paroled.
(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 person’s parole:
(A)
Agreement to comply with a 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 direct or indirect contact with the victim, unless
approved by the victim, the person’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 sexually stimulating visual or auditory materials that are relevant
to the person’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 a 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 person’s living arrangement with the person’s sex offender treatment
provider to ensure that the arrangement supports the goals of offender
rehabilitation and community safety.
(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 person’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 (6) 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.
(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 victim’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 parolee’s residence, the board may not require the
parolee to change the parolee’s residence in order to comply with the special
condition of parole.
(5)
It is not a cause for revocation of parole that the person paroled failed to
apply for or accept employment at a workplace where there is a labor dispute in
progress.
(6)(a)
When the board grants a person parole from the custody of the Department of
Corrections, the board shall order, as a condition of parole, that the person
reside for the first six months in the county that last supervised the person,
if the person was on active supervision as an adult for a felony at the time of
the offense that resulted in the imprisonment.
(b)
If the person paroled was not on active supervision as an adult for a felony at
the time of the offense that resulted in the imprisonment, the board shall
order as a condition of parole that the person reside for the first six months
in the county where the person resided at the time of the offense that resulted
in the imprisonment.
(c)
For purposes of paragraph (b) of this subsection:
(A)
The board shall determine the county where the person resided at the time of
the offense by examining records such as:
(i) An Oregon driver license, regardless of its validity;
(ii)
Records maintained by the Department of Revenue;
(iii)
Records maintained by the Department of State Police;
(iv)
Records maintained by the Department of Human Services;
(v)
Records maintained by the Department of Corrections; and
(vi)
Records maintained by the Oregon Health Authority.
(B)
If the person did not have an identifiable address at the time of the offense,
or the address cannot be determined, 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 is
determined according to the date of the last arrest resulting in a conviction.
(D)
If the person 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 person’s county of residence, a conviction for an offense
that the inmate committed while incarcerated in a state correctional
institution may not be considered.
(d)
Upon motion of the board, the supervisory authority, the person paroled, a
victim or a district attorney, the board may waive the residency condition
under paragraph (b) of this subsection 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 county of residence determined under paragraph (c) of this
section;
(B)
The person is found to pose a significant danger to a victim of the person’s
crime residing in the county of residence, or a victim or victim’s family
residing in the county of residence is found to pose a significant danger to
the person;
(C)
The person has a spouse or biological or adoptive family residing in a county
other than the county of residence who will be materially significant in aiding
in the rehabilitation of the person and in the success of the parole;
(D)
As another condition of parole, the person is required to participate in a
treatment program that is not available or located in the county of residence;
(E)
The person requests to be paroled to another state; or
(F)
The board finds other good cause for the waiver.
(7)
As used in this section:
(a)
“Attends,” “carries on a vocation,” “institution of higher education” and “works”
have the meanings given those terms in ORS 181.594.
(b)(A)
“Dwelling” has the meaning given that term in ORS 469B.100.
(B)
“Dwelling” does not mean a residential treatment facility or a halfway house.
(c)
“Halfway house” means a residential facility that provides rehabilitative care
and treatment for sex offenders.
(d)
“Labor dispute” has the meaning given that term in ORS 662.010. [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; 2009 c.204 §7; 2009
c.595 §100; 2009 c.713 §13; 2011 c.258 §2; 2011 c.547 §31]
Note: See
note under 144.110.
144.275 Parole of inmates sentenced to pay
compensatory fines or make 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 inmate’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.
144.280 Hearing after parole denied to
prisoner sentenced for crime committed prior to November 1, 1989; rules.
(1)(a) If the State Board of Parole and Post-Prison Supervision denies parole
to a prisoner sentenced for a crime committed prior to November 1, 1989, the
board may not grant the prisoner a subsequent hearing that is less than two
years, or more than 10 years, from the date parole is denied, unless the
two-year period would exceed the maximum sentence imposed by the court.
(b)
The board may not grant the prisoner a hearing that is more than two years from
the date parole is denied unless the board finds that it is not reasonable to
expect that the prisoner would be granted parole before the date of the
subsequent hearing.
(c)
The board shall determine the date of the subsequent hearing pursuant to rules
adopted by the board. Rules adopted under this paragraph must be based on the
foundation principles of criminal law described in section 15, Article I of the
Oregon Constitution.
(2)
If the board grants a prisoner a hearing that is more than two years from the
date parole is denied, the prisoner may submit a request for an interim hearing
not earlier than the date that is two years from the date parole is denied and
at intervals of not less than two years thereafter. If the board finds, based
upon a request for an interim hearing, that there is reasonable cause to
believe that the prisoner may be granted parole, the board shall conduct a hearing
as soon as is reasonably convenient.
(3)
When the board grants a prisoner a hearing that is more than two years from the
date parole is denied and when the board denies a petition for an interim
hearing, the board shall issue a final order. The order shall be accompanied by
findings of fact and conclusions of law. The findings of fact shall consist of
a concise statement of the underlying facts supporting the findings as to each
contested issue of fact and as to each ultimate fact required to support the
board’s order. Unless the prisoner bears the burden of persuasion, the order
shall include findings necessary to deny the prisoner parole for any period of
time when the prisoner would be presumed to be eligible for parole. [2009 c.660
§2]
Note: 144.280
and 144.285 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.
144.285 Hearing after petition for change
in terms of confinement denied to prisoner convicted of aggravated murder or
murder; rules. (1)(a) If the State Board of Parole and
Post-Prison Supervision denies a petition for a change in the terms of
confinement filed by a prisoner convicted of aggravated murder or murder, the
board may not grant the prisoner a subsequent hearing that is less than two
years, or more than 10 years, from the date the petition is denied.
(b)
The board may not grant the prisoner a hearing that is more than two years from
the date a petition is denied unless the board finds that it is not reasonable
to expect that the prisoner would be granted a change in the terms of
confinement before the date of the subsequent hearing.
(c)
The board shall determine the date of the subsequent hearing in accordance with
rules adopted by the board. Rules adopted under this paragraph must be based on
the foundation principles of criminal law described in section 15, Article I of
the Oregon Constitution.
(2)
If the board grants the prisoner a hearing that is more than two years from the
date a petition is denied, the prisoner may submit a request for an interim
hearing not earlier than the date that is two years from the date the petition
is denied and at intervals of not less than two years thereafter. If the board
finds, based upon a request for an interim hearing, that there is reasonable
cause to believe that the prisoner may be granted a change in the terms of
confinement, the board shall conduct a hearing as soon as is reasonably
convenient.
(3)
When the board grants a prisoner a hearing that is more than two years from the
date a petition is denied and when the board denies a petition for an interim
hearing, the board shall issue a final order. The order shall be accompanied by
findings of fact and conclusions of law. The findings of fact shall consist of
a concise statement of the underlying facts supporting the findings as to each
contested issue of fact and as to each ultimate fact required to support the
board’s order. Unless the prisoner bears the burden of persuasion, the order
shall include findings necessary to deny the prisoner a change in the terms of
confinement for any period of time when the prisoner would be presumed to be
eligible for a change in the terms of confinement. [2009 c.660 §1]
Note: See
note under 144.280.
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;
procedures. 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 person’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 board’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 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.
(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 person’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 petitioner’s attorney, if
the petitioner is represented by an attorney.
(6)
At any time after submission of the petitioner’s brief, the court, on its own
motion or on motion of the board, without submission of the board’s brief and
without oral argument, may summarily affirm the board’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 board’s motion
for summary affirmance. A summary affirmance
under this subsection constitutes a decision on the merits of the petitioner’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 board’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 petitioner’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 petitioners. (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
person’s right to request review of the determination by the Court of Appeals.
The person may request review of the commission’s determination by filing a
motion in the Court of Appeals no later than 60 days after the date of the
commission’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. (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 parolee’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 indigent’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 board’s
or its designated representative’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 parolee’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 parolee’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. [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; 2009 c.178 §30; 2010
c.89 §13]
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 person’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 Subpoena power of board;
reimbursement for costs; contempt proceedings.
(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 person’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 Oregon violators.
(1) The Director of the Department of Corrections may deputize, in writing, any
person regularly employed by another state, to act as an officer and agent of
this state for the return of any person who has violated the conditions of
parole, post-prison supervision, conditional pardon or other conditional
release.
(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 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 Violator as 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 inmate’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 enrollee’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 person’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. A person’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 Commission’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 state’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 commissioner’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 United States, the District of Columbia or any
territorial possession of the United States.
(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 director’s designee,
shall serve as the Compact Administrator for the State of Oregon and as Oregon’s
commissioner to the Interstate Commission.
(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 director’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 victims’
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 Commission’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 Commission’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 chairperson’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 person’s employment or
duties for acts, errors or omissions occurring within Oregon may not exceed the
limits set forth in ORS 30.260 to 30.300. Nothing in this subsection shall be
construed to protect any such person from suit or liability for any damage,
loss, injury or liability caused by the intentional or willful and wanton
misconduct of any such person.
(2)
Subject to approval by the Attorney General under ORS chapter 180, the
Interstate Commission shall defend the commissioner of a compacting state, the
commissioner’s representatives or employees or the Interstate Commission’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
Commission’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 members’ 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 Commission’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 Commission’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 Commission’s chief legal officer shall publicly certify that, in the
officer’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
Commission’s principal office is located for judicial review of the rule. If
the court finds that the Interstate Commission’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
compact’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 Commission’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 Oregon as a
result of the state’s participation in this compact.
(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 state’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 state’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 state’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 Oregon, other than the Oregon Constitution, that
conflict with this compact are superseded to the extent of the conflict.
(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; 2009 c.67 §13]
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.
144.605 Fee for application to transfer
supervision. A person on probation, parole or
post-prison supervision who applies to transfer supervision under the
Interstate Compact for Adult Offender Supervision described in ORS 144.600 must
pay an application fee in an amount determined by rule of the Department of
Corrections. The fee shall be collected by the supervisory authority as defined
in ORS 144.087 and forwarded to the Governor’s office for deposit in the Arrest
and Return Account described in ORS 133.865. [2009 c.742 §1]
Note:
144.605 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.
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 Oregon with any
of the United States joining therein in the form substantially as follows:
______________________________________________________________________________
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 months’ 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
144.625 [1999
c.435 §1; repealed by 2011 c.419 §1]
144.627 [1999
c.435 §2; repealed by 2011 c.419 §1]
144.629 [1999
c.435 §3; repealed by 2011 c.419 §1]
144.631 [1999
c.435 §5; repealed by 2011 c.419 §1]
(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 person’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 469B.100.
(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 (4)(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 offender’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; 2011 c.258 §3]
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 (4)(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 offender’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; 2011 c.258 §4]
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
Oregon, the district attorney of the county in which the correctional facility
is located;
(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 victim’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 Report 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 victim’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 Judge’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]
144.730 Failure to complete treatment
program. If a person on probation, parole or
post-prison supervision is required to successfully complete a drug or alcohol
treatment program as a condition of supervision and the person refuses or
otherwise fails to successfully complete the treatment program, the court or
the supervising authority shall impose swift and certain punishment, including
incarceration in jail. [2009 c.660 §13]
Note:
144.730 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.
144.750 Victim’s rights.
(1) To accord crime victims due dignity and respect, a victim of a crime that
is the subject of a proceeding conducted by the State Board of Parole and
Post-Prison Supervision has the following rights:
(a)
The right to be reasonably protected from the offender during the proceeding;
(b)
The right to attend the proceeding in person or, at the discretion of the
victim and with advance notice to the board, to attend the proceeding by
alternative means; and
(c)
The right to request the district attorney of the county in which the offender
was convicted, in the discretion of the district attorney, to participate in
the proceeding.
(2)(a)
The board must make a reasonable effort to notify the district attorney of the
county in which the offender was convicted and the victim, if the victim
requests to be notified and furnishes the board a current address, of any
hearing conducted by the board. The board shall send written notice to the
current addresses of the district attorney and the victim no later than 30 days
before the hearing.
(b)
The victim, personally or by counsel, and the district attorney of the county
in which the offender was convicted have the right to appear at a hearing
conducted by the board and may submit written and oral statements adequately
and reasonably expressing any views concerning the crime and the offender.
(c)
The victim, personally or by counsel, and the district attorney of the county
in which the offender was convicted shall be given access to the information
that the board will rely upon in the hearing. The victim and the district
attorney shall be given adequate time to rebut the information. The victim or
the district attorney may request that the board, in the discretion of the
board, obtain and consider additional records, evaluations or other documents.
(3)(a)
A supervisory authority must make a reasonable effort to notify the victim, if
the victim requests to be notified and furnishes the supervisory authority a
current address, of any contested hearing conducted by the supervisory
authority. The supervisory authority shall send written notice to the current
address of the victim as soon as practicable.
(b)
The victim, personally or by counsel, has the right to appear at a contested
hearing conducted by the supervisory authority and may submit written and oral
statements adequately and reasonably expressing any views concerning the crime
and the offender.
(c)
The victim, personally or by counsel, shall be given access to information that
the supervisory authority will rely upon in the contested hearing. The victim
shall be given adequate time to rebut the information. The victim may request
that the supervisory authority, in the discretion of the supervisory authority,
obtain and consider additional records, evaluations or other documents.
(4)
For purposes of this section, the victim may appear personally through the
victim’s next of kin or a representative selected by the victim. [2010 c.89 §4]
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 prisoner’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 prisoner’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 victim’s particular vulnerability to injury in such case due to the
victim’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 offender’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]
ON-THE-JOB TRAINING OF EX-OFFENDERS
Note:
Sections 1 to 3, chapter 680, Oregon Laws 2011, provide:
Sec. 1. (1) As
used in this section:
(a)
“Employer” means a public or private employer.
(b)
“Ex-offender” means an individual released from a Department of Corrections
institution as defined in ORS 421.005 or under the supervision of a county
community corrections program.
(2)
The Department of Corrections may establish an on-the-job training program for
ex-offenders as a pilot program.
(3)
The intent of the on-the-job training program is to provide training
opportunities for ex-offenders who need training to secure employment and for
employed ex-offenders who are assessed as needing additional training to
advance in their jobs or to prevent job loss.
(4)
The department shall provide grants to and enter into agreements with counties
that will be responsible for carrying out on-the-job training for ex-offenders.
(5)
The department or a county may enter into agreements with employers who agree
to provide on-the-job training to ex-offenders who are or will be engaged in
productive work with the employer in a job that:
(a)
Provides knowledge or skills essential to the full and adequate performance of
the job; and
(b)
Is limited in duration as appropriate to the occupation for which the
ex-offender is being trained, taking into account the content of the training
and the prior work experience of the ex-offender.
(6)(a)
Each employer that enters into an agreement with a county or the department has
responsibility for hiring, compensating and training ex-offenders covered by
agreements entered into with a county or the department.
(b)
The department or a county shall reimburse an employer for the extraordinary
costs of providing the training and additional supervision related to the
training:
(A)
In an amount that is based on the wage rate of the ex-offender; or
(B)
With a stipend payable in an amount and on a schedule determined at the
discretion of the department or county.
(c)
A county may designate a nonprofit organization, staffing agency, community
college or other qualified entity to manage the on-the-job training for
ex-offenders for the county.
(7)
The department shall apply the following policies in implementing the
on-the-job training program:
(a)
There must be an assessment of each ex-offender enrolled in the program to
determine whether the ex-offender has the necessary work experience or
occupational training to meet a potential employer’s minimum employment
requirements or has special needs that may be a barrier to obtaining or
retaining employment.
(b)
The on-the-job training must be reasonably expected to last at least six weeks
and provide at least 20 hours of work per week.
(8)
Trainee retention for each employer shall be reviewed at least annually to
determine whether the employer’s performance meets the requirements of 20
C.F.R. 663.700(b).
(9)(a)
The department shall adopt rules necessary to implement and administer the
on-the-job training program.
(b)
The rules shall be consistent with the applicable requirements of the federal
Workforce Investment Act.
(10)
The department may seek funding through grants and other means to carry out the
on-the-job training program for ex-offenders established under this section.
(11)
Not later than April 1, 2013, the department shall report to the
Seventy-seventh Legislative Assembly in the manner provided in ORS 192.245 on
the performance results of the on-the-job training program. [2011 c.680 §1]
Sec. 2. (1)
Section 1 of this 2011 Act becomes operative on the effective date of the rule
described in subsection (2)(b) of this section.
(2)
The Department of Corrections:
(a)
May adopt rules or take any other action before section 1 of this 2011 Act
becomes operative that is necessary to enable the department to exercise, on or
after the date that section 1 of this 2011 Act becomes operative, all the
duties, functions and powers conferred on the department by section 1 of this
2011 Act.
(b)
Shall adopt a rule indicating that the department has received federal funding,
a grant or a legislative appropriation that is sufficient to enable the
department to carry out the provisions of section 1 of this 2011 Act.
(c)
Shall notify Legislative Counsel when the rule described in paragraph (b) of
this subsection is adopted. [2011 c.680 §2]
Sec. 3.
Section 1 of this 2011 Act is repealed on January 2, 2014. [2011 c.680 §3]
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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