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 138.052 (Appeal from judgment of conviction and 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 (Victim’s 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).

Notes of Decisions

Parole Board order under ORS 144.135 (Bases of parole decisions to be in writing) complies with this sec­tion, requiring board to state in writing bases of its decision, when order discloses that board decided not to advance peti­tioner’s parole release date. Cabantoy v. Board of Parole, 88 Or App 621, 746 P2d 756 (1987)

After Board of Parole votes to override judicial min­i­mum sen­tence in order to allow peti­tioner’s request for earlier release date under this sec­tion, board need not set new initialrelease date. Jeldness v. Board of Parole, 92 Or App 323, 759 P2d 1102 (1988), Sup Ct review denied; Smith v. Board of Parole, 126 Or App 568, 869 P2d 881 (1994), Sup Ct review denied

Board can consider seriousness of crime in determining amount of reduc­tion to which prisoner is entitled. Smith v. Board of Parole, 126 Or App 568, 869 P2d 881 (1994), Sup Ct review denied

Atty. Gen. Opinions

Board’s “reset’ authority under this sec­tion and Depart­ment of Correc­tions authority to reduce term of incarcera­tion could not be applied so that entire prison popula­tion would be subject to one set of standards, (1989) Vol 46, p 275

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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information