2015 ORS § 144.122¹
Advancing initial release date
- • requirements
- • exceptions
- • rules
(1) After the initial parole release date has been set under ORS 144.120 (Initial parole hearing) 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 to an earlier date. The board may grant the request upon a determination by the board that continued incarceration is cruel and inhumane and that resetting the release date to an earlier date is not incompatible with the best interests of the prisoner and society and that the prisoner:
(a) Has demonstrated an extended course of conduct indicating outstanding reformation;
(b) Suffers from a severe medical condition including terminal illness; or
(c) Is elderly and is permanently incapacitated in such a manner that the prisoner is unable to move from place to place without the assistance of another person.
(2) The Advisory Commission on Prison Terms and Parole Standards may propose to the board and the board shall adopt rules:
(a) Establishing minimum periods of time to be served by prisoners before application may be made for a reset of release date under subsection (1) of this section;
(b) Detailing the criteria set forth under subsection (1) of this section for the resetting of a parole release date; and
(c) Establishing criteria for parole release plans for prisoners released under this section that, at a minimum, must ensure appropriate supervision and services for the person released.
(3) The provisions of subsection (1)(b) of this section apply to prisoners sentenced in accordance with ORS 161.610 (Enhanced penalty for use of firearm during commission of felony).
(4) The provisions of this section do not apply to prisoners sentenced to life imprisonment without the possibility of release or parole under ORS 138.012 (Sentence of death) or 163.150 (Sentencing for aggravated murder).
(5) If the victim has requested notification of the release of the prisoner, the board shall notify the victim as described in ORS 144.750 (Victims rights) (3) prior to any hearing or administrative decision under this section. [1983 c.489 §2; 1991 c.133 §1; 1993 c.198 §1; 1999 c.1055 §13; 2001 c.104 §49; 2015 c.230 §1]
Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms).