Title 14, Procedure in Criminal Matters Generally
14 chapters · 1,152 sections in this title.
ORS 144.005 State Board of Parole and Post-Prison Supervision; membership; compensation
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(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)(a) Members of the board shall be appointed by the Governor and serve for a term of four years. (b) If the number of …
ORS 144.015 Confirmation by Senate
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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]
ORS 144.025 Chairperson; quorum; participation of all members; rules
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(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 th…
ORS 144.035 Board hearings; panels; exception
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(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 o…
ORS 144.040 Board to determine parole and post-prison supervision violations
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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]
ORS 144.050 Power of board to authorize parole; rules
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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 …
ORS 144.054 When board decision must be reviewed by at least three board members
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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 vict…
ORS 144.059 State Board of Parole and Post-Prison Supervision Account
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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 acc…
ORS 144.060 Acceptance of funds or property; contracts with federal government and others
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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 …
ORS 144.075 Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation
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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 states port…
ORS 144.079 Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions
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(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 prisoners first initial parole hearing, or if a prisoner is sentenced to terms of imprisonment that are consecutive to one…
ORS 144.083 Early discharge from supervision; rules
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(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: (a) The person is permanently incapacitated …
ORS 144.085 Active parole and post-prison supervision; minimum amounts; extension
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(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 …
ORS 144.086 Supervision conditions related to medical use of cannabis
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(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. (2) Notwithstanding ORS 144.102 and 144.270, if a person who ho…
ORS 144.087 Supervisory authority defined
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(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 countys board of county commissioners or county court to operate corrections super…
ORS 144.089 Community service exchange programs
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(1) As used in this section: (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 con…
ORS 144.096 Release plan; contents; rules
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(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. (b) If the proposed release plan is not approved by the board, th…
ORS 144.098 Review of release plan
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(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 a…
ORS 144.099 Reentry courts
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(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. (2) At any ti…
ORS 144.101 Boards jurisdiction over conditions of post-prison supervision; reentry court jurisdiction
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(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: (a) The term of imprisonment imposed on the person is mo…
ORS 144.102 Conditions of post-prison supervision
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(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 …
ORS 144.103 Term of active post-prison supervision for person convicted of certain offenses
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(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…
ORS 144.104 Supervisory authority; revising conditions
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(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…
ORS 144.106 Violation of post-prison supervision conditions; sanctions
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(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…
ORS 144.107 Sanctions for violations of conditions of post-prison supervision; rules
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(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 condition…
ORS 144.108 Recommitment to prison for certain violations; procedure; effect of recommitment
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(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 mo…
ORS 144.109 Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction
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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-p…
ORS 144.110 Restriction on parole of persons sentenced to minimum terms
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(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 parol…
ORS 144.120 Initial parole hearing; setting initial parole release date; deferral of setting initial date
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(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 conduc…
ORS 144.122 Advancing initial release date; requirements; exceptions; rules
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(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…
ORS 144.123 Who may accompany person to parole hearing; rules
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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 …
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
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(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 …
ORS 144.126 Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated; rules
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(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 incarc…
ORS 144.130 Prisoner to have access to written materials considered at hearings or interviews; access procedures
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(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…
ORS 144.135 Bases of parole decisions to be in writing
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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.
ORS 144.140 Rules
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(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 …
ORS 144.185 Records and information available to board
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Before making a determination regarding a prisoners release on parole as provided by ORS 144.125 or 144.397, 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 relevan…
ORS 144.223 Examination by psychiatrist or psychologist of parole candidate; report; copies to affected persons
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(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 sh…
ORS 144.226 Examination by psychiatrist or psychologist of person sentenced as dangerous offender; report
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(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 thereafte…
ORS 144.228 Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered
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(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 inste…
ORS 144.232 Release of dangerous offender to post-prison supervision; eligibility; hearing
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(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 re…
ORS 144.245 Date of release on parole; effect of release order
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(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 …
ORS 144.260 Notice of prospective release on parole or post-prison supervision
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(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 she…
ORS 144.270 Conditions of parole
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(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 conditio…
ORS 144.275 Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments
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Whenever the State Board of Parole and Post-Prison Supervision orders the release on parole of an adult in custody 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 p…
ORS 144.280 Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989; rules
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(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 parol…
ORS 144.285 Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder; rules
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(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 …
ORS 144.315 Evidence admissible before board; procedures
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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 …
ORS 144.317 Appointment of attorneys; payment
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(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 …
ORS 144.331 Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension
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(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 super…