2015 ORS 144.125¹
Review of parole plan, psychological reports and conduct prior to release
  • release postponement
  • elements of parole plan
  • Department of Corrections assistance
  • rules

(1) Prior to the scheduled release of any prisoner on parole and prior to release rescheduled under this section, the State Board of Parole and Post-Prison Supervision may upon request of the Department of Corrections or on its own initiative interview the prisoner to review the prisoner’s parole plan and psychiatric or psychological report, if any, and the record of the prisoner’s conduct during confinement. To accommodate such review by the board, the Department of Corrections shall provide to the board any psychiatric or psychological reports held by the department regarding the prisoner. However, if the psychiatrist or psychologist who prepared any report or any treating psychiatrist or psychologist determines that disclosure to the prisoner of the contents of the report would be detrimental to the prisoner’s mental or emotional health, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the prisoner. The department may withhold from the board any report so indorsed.

(2) The board shall postpone a prisoner’s scheduled release date if it finds, after a hearing, that the prisoner engaged in serious misconduct during confinement. The board shall adopt rules defining serious misconduct and specifying periods of postponement for such misconduct.

(3)(a) If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may order the postponement of the scheduled parole release until a specified future date. The board may not postpone a prisoner’s scheduled release date to a date that is less than two years, or more than 10 years, from the date of the hearing, unless the prisoner would be held beyond the maximum sentence. The board shall determine the scheduled release date, and the prisoner may petition for interim review, in accordance with ORS 144.280 (Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989).

(b) If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, but also finds that the prisoner can be adequately controlled with supervision and mental health treatment and that the necessary supervision and treatment are available, the board may order the prisoner released on parole subject to conditions that are in the best interests of community safety and the prisoner’s welfare.

(4) Each prisoner shall furnish the board with a parole plan prior to the scheduled release of the prisoner on parole. The board shall adopt rules specifying the elements of an adequate parole plan and may defer release of the prisoner for not more than three months if it finds that the parole plan is inadequate. The Department of Corrections shall assist prisoners in preparing parole plans. [1977 c.372 §6; 1981 c.426 §2; 1987 c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999 c.141 §1; 2009 c.660 §3]

Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms).

Notes of Decisions

Require­ment of hearing in this sec­tion cannot be eliminated by administrative rule. Jeanes v. Board of Parole, 83 Or App 410, 732 P2d 51 (1987)

1993 amend­ment governing release delay based on mental or emo­­tion­al condi­tion that predisposes prisoner to commit future crime imposes more onerous standard than preamend­ment version of statute and therefore cannot be applied retroactively. Meadows v. Schiedler, 143 Or App 213, 924 P2d 314 (1996)

Version of statute applicable to sen­tences for pre-1993 crimes does not require that determina­tion that prisoner is danger to community be part of psychiatric or psychological report. Merrill v. Johnson, 155 Or App 295, 964 P2d 284 (1998), Sup Ct review denied. But see Peek v. Thompson, 160 Or App 260, 980 P2d 178 (1999)

Standard of review in habeas corpus pro­ceed­ing re­gard­ing release order of State Board of Parole and Post-Prison Supervision is whether "some evidence" supports order. Hamel v. Johnson, 173 Or App 448, 25 P3d 314 (2001), Sup Ct review denied

For prisoner whose commit­ment of­fense occurred prior to 1981 amend­ment, State Board of Parole and Post-Prison Supervision has discre­tion to postpone parole where severe emo­­tion­al dis­tur­bance makes prisoner dangerous to community. McC­line v. Board of Parole and Post-Prison Supervision, 205 Or App 144, 133 P3d 349 (2006), Sup Ct review denied

Where prisoner does not suffer prejudice from late filing, State Board of Parole and Post-Prison Supervision may consider psychiatric or psychological report filed more than 60 days after examina­tion. Demeyer v. Board of Parole and Post-Prison Supervision, 206 Or App 740, 139 P3d 969 (2006), on reconsidera­tion 208 Or App 267, 144 P3d 981 (2006)

Under 1981 version of this sec­tion, State Board of Parole and Post-Prison Supervision may con­duct review for deferring release even if prisoner does not have scheduled release date. Corgain v. Board of Parole and Post-Prison Supervision, 213 Or App 407, 162 P3d 990 (2007)

Use of preponderance of evidence standard to find that prisoner has present severe emo­­tion­al dis­tur­bance constituting danger to community satisfies due process require­ments. Stogsdill v. Board of Parole and Post-Prison Supervision, 342 Or 332, 154 P3d 91 (2007)

Under 1991 version of this sec­tion, require­ment that psychiatric or psychological diagnosis show prisoner to have present severe emo­­tion­al dis­tur­bance constituting danger to health or safety of community was sufficient limita­tion to overcome vagueness challenge. Hess v. Board of Parole, 514 F3d 909 (9th Cir. 2008)

Ability of prisoner to call witnesses or cross-examine people who have provided in­for­ma­­tion to Board of Parole and Post-Prison Supervision are not require­ments for constitu­tionally adequate parole-exit interview under this statute. Rivas v. Board of Parole, 272 Or App 248, 356 P3d 83 (2015)

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.