Chapter 144 — Chapter 144
162 sections in this chapter.
ORS 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]
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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.
ORS 144.740 Request for appearance by prosecuting attorney at release date hearing. (1) For the purposes of obtaining additional information for the hearing, the State Board of Parole and Post-Prison Supervision may make a request to the district attorney of the county in which a person was convicted that a representative of the office of the prosecuting attorney appear at any hearing during which the board is to consider setting or resetting a release date for the person
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(2) Upon a board request for appearance at a hearing described in subsection (1) of this section, the district attorney shall: (a) Appear at the hearing if the district attorney prosecuted the person. (b) Notify the Attorney General of the request for appearance if the Attorney G…
ORS 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
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(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…
ORS 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
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(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. I…
ORS 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
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(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…
ORS 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)
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(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 three board members or, if the chairperson requires all voting members to partici…
ORS 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
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(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 c…
ORS 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]
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[Repealed or reserved.]
ORS 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)]
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PRESENTENCE REPORTS
ORS 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
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(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 m…
ORS 144.795 [1981 c.136 §2; repealed by 1985 c.503 §4]
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[Repealed or reserved.]
ORS 144.800 [1985 c.503 §2; 1987 c.320 §83; 1989 c.790 §8b; repealed by 1995 c.520 §7]
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