2017 ORS 144.101¹
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:

(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 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders);

(d) The person is sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines);

(e) The person is subject to a term of post-prison supervision under ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses);

(f) The person is committed to the custody of the Department of Corrections under ORS 137.124 (Commitment of defendant to Department of Corrections or county);

(g) The responsibility for correctional services for the person has reverted to the department under ORS 423.483 (Baseline funding); or

(h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.

(2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.

(3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.

(4) If a circuit court in a participating county, as defined in section 29, chapter 649, Oregon Laws 2013, enters an order admitting a person into a reentry court under section 29 (3), chapter 649, Oregon Laws 2013, the reentry court has concurrent jurisdiction over the imposition of sanctions for violations of the conditions of post-prison supervision.

(5) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions. [1997 c.525 §3; 1999 c.59 §28; 2006 c.1 §5; 2013 c.649 §28]

Note: The amendments to 144.101 (Board’s jurisdiction over conditions of post-prison supervision) by section 34, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, is set forth for the user’s convenience.

144.101 (Board’s jurisdiction over conditions of post-prison supervision). (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 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 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders);

(d) The person is sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines);

(e) The person is subject to a term of post-prison supervision under ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses);

(f) The person is committed to the custody of the Department of Corrections under ORS 137.124 (Commitment of defendant to Department of Corrections or county);

(g) The responsibility for correctional services for the person has reverted to the department under ORS 423.483 (Baseline funding); or

(h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.

(2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.

(3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.

(4) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions.

Law Review Cita­tions

55 OLR 303-347 (1976)

Chapter 144

Notes of Decisions

Under rules of State Board of Parole, board could not in determining history/risk score, consider juvenile adjudica­tions that had been expunged pursuant to [former] ORS 419.800 to 419.839, even if prisoner admits to board that they occurred. West v. Board of Parole, 86 Or App 616, 739 P2d 1096 (1987)

Law Review Cita­tions

53 OLR 32, 67-79 (1973)

1 Legislative Counsel Committee, CHAPTER 144—Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors144.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.