Chapter 144 — Chapter 144

ORS 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

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ORS 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 supervision violation

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ORS 144.410 Definitions for ORS 144.410 to 144.525. As used in ORS 144.410 to 144.525, unless the context requires otherwise

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ORS 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

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ORS 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

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ORS 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]

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ORS 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

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ORS 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. [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; 2013 c.130 §2]

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ORS 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

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ORS 144.480 Protections and benefits for enrollees. (1) Persons assigned to participate in an adult in custody 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

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ORS 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

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ORS 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

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ORS 144.510 [Amended by 1961 c.656 §1; renumbered 144.560]

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ORS 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]

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ORS 144.519 [1967 c.612 §§3,4; repealed by 1969 c.597 §281 and 1969 c.678 §8]

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ORS 144.520 [Renumbered 144.570]

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ORS 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

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ORS 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]

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ORS 144.560 [Formerly 144.510; repealed by 1969 c.597 §281]

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ORS 144.570 [Formerly 144.520; repealed by 1969 c.597 §281]

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ORS 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

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ORS 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]

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ORS 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]

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 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]

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ORS 144.620 Short title. ORS 144.610 may be cited as the Uniform Act for Out-of-State Supervision

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ORS 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]

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ORS 144.625 [1999 c.435 §1; repealed by 2011 c.419 §1]

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ORS 144.627 [1999 c.435 §2; repealed by 2011 c.419 §1]

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ORS 144.629 [1999 c.435 §3; repealed by 2011 c.419 §1]

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ORS 144.631 [1999 c.435 §5; repealed by 2011 c.419 §1]

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ORS 144.635 Intensive supervision; duration. (1) As used in this section and ORS 144.637

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ORS 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

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ORS 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]

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ORS 144.640 [Formerly 143.010; renumbered 144.649 in 2001]

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ORS 144.641 Definitions. As used in this section and ORS 144.642, 144.644 and 144.646

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ORS 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

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ORS 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

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ORS 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]

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ORS 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]

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ORS 144.650 Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney. (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

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ORS 144.653 Sealing records of pardoned conviction; notice to victim. (1) When the Governor grants a pardon, the Governor or the Governor’s designee shall within 10 days notify

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ORS 144.655 Request to seal records of pardoned conviction; notice to victim. (1) A person pardoned more than five years prior to June 13, 2019, may request, in writing, that the Governor initiate the process of sealing records relating to the pardoned conviction. The request must include the date of the pardon, the crime of conviction and the county in which the pardoned conviction occurred

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ORS 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]

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ORS 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, including any documents provided under ORS 144.650 (3) or (4), in the office of the Secretary of State, by whom they shall be kept as public records, open to public inspection. [Formerly 143.060; 2019 c.369 §6]

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ORS 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]

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ORS 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]

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