2015 ORS 144.103¹
Term of active post-prison supervision for person convicted of certain offenses

(1) Except as otherwise provided in ORS 137.765 (Sexually violent dangerous offenders) and subsection (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.365 (Rape in the second degree), 163.375 (Rape in the first degree), 163.395 (Sodomy in the second degree), 163.405 (Sodomy in the first degree), 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree), 163.425 (Sexual abuse in the second degree) or 163.427 (Sexual abuse in the first degree) shall serve a term of active post-prison supervision that continues until the term of the post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation.

(2)(a) A person sentenced to a term of imprisonment for violating one of the offenses listed in paragraph (b) of this subsection shall serve a term of post-prison supervision that continues for the rest of the person’s life if the person was at least 18 years of age at the time the person committed the crime.

(b) The offenses to which paragraph (a) of this subsection applies are:

(A) ORS 163.375 (Rape in the first degree) (1)(b);

(B) ORS 163.405 (Sodomy in the first degree) (1)(b);

(C) ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b); and

(D) ORS 163.235 (Kidnapping in the first degree) when the offense is committed in furtherance of the commission or attempted commission of rape in the first degree, sodomy in the first degree or unlawful sexual penetration in the first degree if the victim is under 12 years of age.

(c) When a person is sentenced to a term of post-prison supervision described in paragraph (a) of this subsection, the person must be actively supervised for at least the first 10 years of the post-prison supervision and actively tracked for the remainder of the term. Active tracking may be done by means of an electronic device attached to the person.

(3) A person sentenced to a term of imprisonment for violating ORS 163.185 (Assault in the first degree) (1)(b) shall serve a term of post-prison supervision that continues until the term of the post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation.

(4) Any costs incurred as a result of this section shall be paid by increased post-prison supervision fees under ORS 423.570 (Monthly fee payable by person on supervised release). [1991 c.831 §1; 1993 c.301 §4; 1999 c.161 §1; 1999 c.163 §5; subsection (2) of 2005 Edition enacted as 2005 c.513 §2; 2006 c.1 §2; 2013 c.708 §31]

Note: 144.103 (Term of active post-prison supervision for person convicted of certain offenses) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Judg­ment form specifying length of post-prison supervision that exceeded statutory max­i­mum and making reference to compliance with statute properly imposed statutory max­i­mum period. State v. Burch, 134 Or App 569, 896 P2d 10 (1995)

Where defendant commits listed crime and other crimes during single crim­i­nal episode, sen­ten­cing require­ment of this sec­tion supersedes sen­ten­cing guide­line for crimes committed during single crim­i­nal episode. State v. Vedder, 206 Or App 424, 136 P3d 1128 (2006), Sup Ct review denied

Where per­son is sen­tenced for multiple of­fenses de­scribed in this sec­tion, term of post-prison supervision is calculated separately for each of­fense notwithstanding that terms of post-prison supervision may be concurrent. Delavega v. Board of Parole, 222 Or App 161, 194 P3d 159 (2008); Norris v. Board of Parole and Post-Prison Supervision, 237 Or App 1, 238 P3d 994 (2010), Sup Ct review denied

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—Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors144.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.