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.

(2)

Notwithstanding the provisions of ORS 144.120 (Initial parole hearing) and 144.780 (Rules on duration of imprisonment):

(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 three board members or, if the chairperson requires all voting members to participate, a majority of all voting members.

(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 (“Aggravated murder” defined), except as provided in ORS 163.105 (Sentencing options for aggravated murder);

(B)

Who has been convicted of murder in the first degree under the provisions of ORS 163.107 (Murder in the first degree), except as provided in ORS 163.107 (Murder in the first degree) (3) or 163.155 (Sentencing for murder of pregnant victim) (6) to (8); or

(C)

Who has been convicted of murder in the second degree under the provisions of ORS 163.115 (Murder in the second degree), except as provided in ORS 163.115 (Murder in the second degree) (5)(c) to (f) or 163.155 (Sentencing for murder of pregnant victim) (6) to (8). [1977 c.372 §4; 1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47; 2007 c.717 §3; 2015 c.820 §43; 2019 c.635 §14]
Note: Section 28, chapter 790, Oregon Laws 1989, provides:
Sec. 28. The provisions of ORS 144.110 (Restriction on parole of persons sentenced to minimum terms), 144.120 (Initial parole hearing), 144.122 (Advancing initial release date), 144.125 (Review of parole plan, psychological reports and conduct prior to release), 144.130 (Prisoner to have access to written materials considered at hearings or interviews), 144.135 (Bases of parole decisions to be in writing), 144.185 (Records and information available to board), 144.223 (Examination by psychiatrist or psychologist of parole candidate), 144.245 (Date of release on parole) and 144.270 (Conditions of parole) 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]

Source: Section 144.110 — Restriction on parole of persons sentenced to minimum terms, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

Notes of Decisions

This section does not apply to sentences imposed for crimes committed before its effective date. State v. Bussey, 34 Or App 535, 579 P2d 264 (1978)

Where crimes were committed prior to effective date of this section, imposition of minimum sentence was improper. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied

Sentencing court’s recommendation that defendant not be paroled did not constitute imposition of minimum sentence. State v. Mitchell, 35 Or App 809, 583 P2d 14 (1978), Sup Ct review denied

This section is not applicable to crimes committed before effective date. State v. Gale, 36 Or App 275, 583 P2d 1169 (1978)

Circuit court was within its authority under this section in imposing ten-year minimum sentence in case where defendant was convicted of murder and sentenced to life imprisonment pursuant to ORS 163.115. State v. Segner, 42 Or App 397, 600 P2d 916 (1979), Sup Ct review denied

Court of Appeals has jurisdiction to review orders pursuant to this section setting release dates. Harris v. Board of Parole, 288 Or 495, 605 P2d 1181 (1980)

There is no conflict between this section and ORS 161.610 (minimum sentence for commission of crime with firearm) and imposition of minimum 10 year sentence under this section and concurrent minimum 5 year sentence under ORS 161.610 was proper. State v. Warner, 52 Or App 987, 630 P2d 385 (1981), Sup Ct review denied

Where defendant was convicted on two charges of robbery in the first degree and one charge of attempted murder, was found by trial court to be a “dangerous offender” pursuant to ORS 161.725 and was sentenced under that statute to consecutive maximum terms of 30 years on each conviction, trial court did not err in imposing three consecutive minimum terms of 15 years. State v. Holmes, 62 Or App 652, 661 P2d 556 (1983), Sup Ct review denied

Authority of court to impose minimum term is not applicable to life sentence. State v. Macy, 295 Or 738, 671 P2d 92 (1983)

This section and 161.610 are intended to operate together and court may not impose consecutive minimum sentences under the two sections. State v. Walker, 68 Or App 561, 683 P2d 1006 (1984)

Argument that this section was violative of Oregon and U.S. Constitutions because disproportionate to offense committed was without merit. State v. Downs, 69 Or App 556, 686 P2d 1041 (1984)

This statute provides authority for trial court to impose minimum term of imprisonment of up to one-half sentence imposed pursuant to ORS 161.725, dangerous offender statute. State v. Turner, 296 Or 451, 676 P2d 873 (1984)

Mandatory minimum sentences for burglary, kidnapping and attempted rape are not disproportionate under Article I, section 16 of the Oregon Constitution. State v. Turner, 296 Or 451, 676 P2d 873 (1984)

This section authorizes trial court to impose minimum term of imprisonment of up to one-half of sentence it imposes and is inapplicable when defendant receives life sentence. State v. McCormick, 80 Or App 191, 721 P2d 471, Sup Ct review denied (1986)

Mandatory minimum sentence under this section is not reduced for statutory good time in same way minimum sentence for use of firearm in commission of felony under ORS 161.610 is reduced for statutory good time. Watts v. Maass, 88 Or App 317, 746 P2d 220 (1987)

Failure of counsel to advise criminal defendant of possibility of minimum sentence prior to defendant’s guilty plea is inadequate assistance of counsel under Article I, section 11, of Oregon Constitution and is a substantial denial of constitutional right. Hartzog v. Keeney, 304 Or 57, 742 P2d 600 (1987), as modified by Moen v. Peterson, 312 Or 503, 824 P2d 404 (1991)

Board of Parole had authority to override only one of petitioner’s minimum sentences. Allbee v. State Board of Parole, 99 Or App 201, 781 P2d 873 (1989), Sup Ct review denied

If sentences are ordered to be served consecutively, minimum term of imprisonment on each sentence must be served before defendant is entitled to parole. State v. Duran, 108 Or App 220, 814 P2d 181 (1991)

Minimum term is part of sentence and automatically concurrent or consecutive depending on sentence to which it relates. State v. Duran, 108 Or App 220, 814 P2d 181 (1991)

Although trial counsel’s failure to advise criminal defendant of possibility of minimum sentence under this section before entry of guilty plea may constitute ineffective assistance of counsel under Art. I, sec. 11 of Oregon Constitution where petitioner for post-conviction relief did not raise issue in first post-conviction hearing, he could not attack underlying conviction on that basis in second post-conviction hearing. Martz v. Maass, 110 Or App 391, 822 P2d 750 (1991), Sup Ct review denied

In post-conviction proceeding claiming inadequate assistance of counsel, petitioner must show by preponderance of evidence that, had counsel informed him of possibility of minimum sentence, or had he otherwise been aware of it, he would not have pleaded no contest. Moen v. Peterson, 312 Or 503, 824 P2d 404 (1991)

Even if petitioner obtained psychological exam or treatment and could show he no longer suffers from dangerous condition, he still is not eligible for parole until he serves minimum sentence of dangerous offender sentence imposed to run concurrently with shorter robbery sentence. Sager v. Board of Parole, 121 Or App 607, 856 P2d 329 (1993), Sup Ct review denied

Where board votes to sustain minimum sentence of dangerous offender found to be in remission, parole consideration hearing date required by ORS 144.228 becomes parole release date. Smith v. Board of Parole, 126 Or App 563, 869 P2d 878 (1994)

Prohibition on releasing person convicted of aggravated murder on parole is not applicable to juvenile convicted of aggravated murder because juvenile convicted of aggravated murder is sentenced to indeterminate period of time. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)

144.005
State Board of Parole and Post-Prison Supervision
144.015
Confirmation by Senate
144.025
Chairperson
144.035
Board hearings
144.040
Board to determine parole and post-prison supervision violations
144.050
Power of board to authorize parole
144.054
When board decision must be reviewed by at least three board members
144.059
State Board of Parole and Post-Prison Supervision Account
144.060
Acceptance of funds or property
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
144.083
Early discharge from supervision
144.085
Active parole and post-prison supervision
144.086
Supervision conditions related to medical use of cannabis
144.087
“Supervisory authority” defined
144.089
Community service exchange programs
144.096
Release plan
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 active post-prison supervision for person convicted of certain offenses
144.104
Supervisory authority
144.106
Violation of post-prison supervision conditions
144.107
Sanctions for violations of conditions of post-prison supervision
144.108
Recommitment to prison for certain violations
144.109
Violation of post-prison supervision by sexually violent dangerous offender
144.110
Restriction on parole of persons sentenced to minimum terms
144.120
Initial parole hearing
144.122
Advancing initial release date
144.123
Who may accompany person to parole hearing
144.125
Review of parole plan, psychological reports and conduct prior to release
144.126
Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated
144.130
Prisoner to have access to written materials considered at hearings or interviews
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
144.226
Examination by psychiatrist or psychologist of person sentenced as dangerous offender
144.228
Periodic parole consideration hearings for dangerous offenders
144.232
Release of dangerous offender to post-prison supervision
144.245
Date of release on parole
144.260
Notice of prospective release on parole or post-prison supervision
144.270
Conditions of parole
144.275
Parole of adults in custody sentenced to pay compensatory fines or make restitution
144.280
Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989
144.285
Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder
144.315
Evidence admissible before board
144.317
Appointment of attorneys
144.331
Suspension of parole or post-prison supervision
144.334
Use of citations for parole or post-prison supervision violators
144.335
Appeal from order of board to Court of Appeals
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
144.345
Revocation of parole
144.346
Parole revocation sanctions
144.347
Subpoena power of board
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
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
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
144.397
Release eligibility for juvenile offenders after 15 years of imprisonment
144.404
Department of Corrections authority to receive, hold and dispose of property
144.405
Duty of officer upon seizure
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
144.410
Definitions for ORS 144.410 to 144.525
144.420
Department of Corrections to administer work release program
144.430
Duties of department in administering program
144.440
Recommendation by sentencing court
144.450
Approval or rejection of recommendations
144.460
Contracts for quartering of enrollees
144.470
Disposition of enrollee’s compensation under program
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
144.522
Revolving fund
144.525
Custody of enrollee earnings deducted or otherwise retained by department
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
144.610
Out-of-state supervision of parolees
144.613
Notice when parole or probation violated
144.615
Hearing procedure
144.617
Hearing on violation in another state
144.620
Short title
144.622
“Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision
144.635
Intensive supervision
144.637
Rules
144.639
Projecting number of persons to be classified as sexually violent dangerous offenders
144.641
Definitions
144.642
Criteria for determining residence
144.644
Criteria for determining residence
144.646
Use of rules and matrix by community corrections agency
144.649
Granting reprieves, commutations and pardons generally
144.650
Notice of intention to apply for pardon, commutation or remission
144.653
Sealing records of pardoned conviction
144.655
Request to seal records of pardoned conviction
144.660
Report to legislature by Governor
144.670
Filing of papers by Governor
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
144.740
Request for appearance by prosecuting attorney at release date hearing
144.750
Victim’s rights
144.775
Commission members
144.780
Rules on duration of imprisonment
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
144.787
Rules on age or physical disability of victim constituting aggravating circumstance
144.791
Presentence report in felony conviction cases
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