ORS 144.120
Initial parole hearing

  • setting initial parole release date
  • deferral of setting initial date

(1)

Intentionally left blank —Ed.

(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 conduct a parole hearing to interview the prisoner and set the initial date of release on parole pursuant to subsection (2) of this section. For those prisoners sentenced to a term of imprisonment for more than five years but less than 15 years, the board shall conduct the parole hearing and set the initial date of release within eight months following admission of the prisoner to the institution. For those prisoners sentenced to a term of imprisonment for life or for 15 years or more, with the exception of those sentenced for aggravated murder or murder, the board shall conduct the parole hearing, and shall set the initial release date, within one year following admission of the prisoner to the institution. Release shall be contingent upon satisfaction of the requirements of ORS 144.125 (Review of parole plan, psychological reports and conduct prior to release).

(b)

Those prisoners sentenced to a term of imprisonment for less than 15 years for commission of an offense designated by rule by the board as a non person-to-person offense may waive their rights to the parole hearing. When a prisoner waives the parole hearing, the initial date of release on parole may be set administratively by the board pursuant to subsections (2) to (6) of this section. If the board is not satisfied that the waiver was made knowingly or intelligently or if it believes more information is necessary before making its decision, it may order a hearing.

(2)

In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall apply the appropriate range established pursuant to ORS 144.780 (Rules on duration of imprisonment). Variations from the range shall be in accordance with ORS 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist).

(3)

In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall consider the presentence investigation report specified in ORS 144.791 (Presentence report in felony conviction cases) or, if no such report has been prepared, a report of similar content prepared by the Department of Corrections.

(4)

Notwithstanding subsection (1) of this section, in the case of a prisoner whose offense included particularly violent or otherwise dangerous criminal conduct or whose offense was preceded by two or more convictions for a Class A or Class B felony or whose record includes a psychiatric or psychological diagnosis of severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may choose not to set a parole date.

(5)

After the expiration of six months after the admission of the prisoner to any Department of Corrections institution, the board may defer setting the initial parole release date for the prisoner for a period not to exceed 90 additional days pending receipt of psychiatric or psychological reports, criminal records or other information essential to formulating the release decision.

(6)

When the board has set the initial parole release date for a prisoner, it shall inform the sentencing court of the date. [1977 c.372 §5; 1981 c.426 §1; 1985 c.283 §2; 1987 c.2 §14; 1987 c.320 §51; 1987 c.881 §1; 1989 c.589 §3; 1991 c.126 §6; 1993 c.294 §5; 1999 c.782 §3; 2001 c.104 §48; 2010 c.89 §11]
Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms).

Source: Section 144.120 — Initial parole hearing; setting initial parole release date; deferral of setting initial date, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

Notes of Decisions

Victim’s statement may not be submitted by person other than victim. Meriweather v. Board of Parole, 97 Or App 212, 775 P2d 340 (1989)

Allowing victims’ representatives to attend prison term reduction hearing for prisoner sentenced prior to passage of statute permitting attendance was not ex post facto application of law. Dawson v. Board of Parole, 123 Or App 619, 860 P2d 878 (1993)

Phrase “with the exception of those sentenced for aggravated murder” does not preclude Board of Parole and Post-Prison Supervision from holding parole hearing for person convicted of aggravated murder who is eligible for parole under other section of law. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)

Where prisoner is juvenile convicted of aggravated murder after 1991, Board of Parole and Post-Prison Supervision is required to hold parole hearing, at time of its discretion, following admission of prisoner to institution. 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
Green check means up to date. Up to date