162 sections in this chapter.
ORS 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
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(2)(a) Members of the board shall be appointed by the Governor and serve for a term of four years. (b) 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. (c) The Governor at any …
ORS 144.010 [Amended by 1953 c.223 §2; 1959 c.327 §1; 1967 c.526 §1; repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 144.015 Confirmation by Senate. Except as provided in ORS 144.005 (2)(b), 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; 2015 c.820 §38]
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[Repealed or reserved.]
ORS 144.020 [Repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 144.025 Chairperson; quorum; participation of all members; rules. (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
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(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…
ORS 144.030 [Repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 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
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(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 a…
ORS 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]
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[Repealed or reserved.]
ORS 144.045 [1967 c.560 §2; repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 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 adult in custody, 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; 2019 c.213 §25]
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[Repealed or reserved.]
ORS 144.054 When board decision must be reviewed by at least three board members. 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 no fewer than three board members. [1975 c.217 §5; 2015 c.820 §41]
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[Repealed or reserved.]
ORS 144.055 [1955 c.660 §12; repealed by 1969 c.597 §281]
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(Generally)
ORS 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]
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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.
ORS 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
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(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…
ORS 144.070 [Repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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)
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(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 es…
ORS 144.080 [Amended by 1955 c.688 §4; repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 144.083 Early discharge from supervision; rules. (1) Notwithstanding ORS 137.765 and 144.103, the State Board of Parole and Post-Prison Supervision may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court if
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(a) The person is permanently incapacitated and has a condition that requires constant medical care; (b) Parole or post-prison supervision prevents the person from accessing a care facility; (c) The person provides substantiation and verification of the medical condition from a m…
ORS 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
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(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 16…
ORS 144.086 Supervision conditions related to medical use of cannabis. (1) As used in this section, “cannabinoid concentrate,” “cannabinoid extract,” “medical cannabinoid product,” “registry identification card” and “usable marijuana” have the meanings given those terms in ORS 475C.777
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(2) Notwithstanding ORS 144.102 and 144.270, if a person who holds a registry identification card is released on post-prison supervision or parole, the supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabi…
ORS 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
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(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…
ORS 144.089 Community service exchange programs. (1) As used in this section
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(a) “Community-based organization” means a not-for-profit organization or entity or a local or county government. (b) “Community service” has the meaning given that term under ORS 137.126. (c) “Delinquent fees or debts” means: (A) Unpaid costs for conviction; (B) Attorney fees; (…
ORS 144.090 [Amended by 1969 c.502 §4; repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 144.095 [1967 c.526 §3; 1969 c.314 §7; repealed by 1969 c.597 §281]
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POST-PRISON SUPERVISION
ORS 144.096 Release plan; contents; rules. (1)(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release
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(b) 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 prior to the release. (c) If the revised plan is not acceptable to the boar…
ORS 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 adult in custody reviews the release plan prior to approval of the plan as required by ORS 144.096, it may interview the adult in custody and may review the following information
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(a) Reports of any physical, psychiatric or psychological examinations of the adult in custody; (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 o…
ORS 144.099 Reentry courts. (1) When a circuit court in a participating county sentences a person to a term of imprisonment, the court may order that the person participate in a reentry court, subject to admission under subsection (3) of this section, as a condition of post-prison supervision
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(2) At any time prior to the termination of post-prison supervision, the supervisory authority may provide a report to the reentry court recommending that a person sentenced under subsection (1) of this section be admitted into the reentry court. (3) When a reentry court receives…
ORS 144.100 [Repealed by 1967 c.419 §68]
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[Repealed or reserved.]
ORS 144.101 Board’s jurisdiction over conditions of post-prison supervision; reentry court jurisdiction. (1) The State Board of Parole and Post-Prison Supervision has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person convicted of a felony if
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(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 137.7…
ORS 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
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(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…
ORS 144.103 Term of active 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 active 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
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(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 t…
ORS 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
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(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 co…
ORS 144.105 [1967 c.560 §4; repealed by 1969 c.597 §281]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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(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…
ORS 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
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(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) I…
ORS 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]
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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
ORS 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
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(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 affirmat…
ORS 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
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(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 …
ORS 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
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(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 pla…
ORS 144.123 Who may accompany person to parole hearing; rules. When appearing before the State Board of Parole and Post-Prison Supervision an adult in custody shall have the right to be accompanied by a person chosen by the adult in custody 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; 2019 c.213 §29]
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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.
ORS 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
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(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. (…
ORS 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
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(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 c…
ORS 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 192.355 (5)
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(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.
ORS 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]
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Note: See note under 144.110.
ORS 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
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(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]
ORS 144.175 [1973 c.694 §4; repealed by 1977 c.372 §18]
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[Repealed or reserved.]
ORS 144.180 [1973 c.694 §5; repealed by 1977 c.372 §18]
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[Repealed or reserved.]
ORS 144.183 [Repealed by 1974 c.36 §28]
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[Repealed or reserved.]