Release of dangerous offender to post-prison supervision
- • eligibility
- • hearing
(1) A person sentenced under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) as a dangerous offender for felonies committed on or after November 1, 1989, shall be considered for release to post-prison supervision. The offender is eligible for release to post-prison supervision after having served the required incarceration term established under ORS 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines).
(2) The State Board of Parole and Post-Prison Supervision shall hold a release hearing no later than 10 days prior to the date on which the offender becomes eligible for release on post-prison supervision as provided in subsection (1) of this section.
(3) The dangerous offender’s eligibility for and release to post-prison supervision shall be determined in a manner consistent with the procedures and criteria required by ORS 144.228 (Periodic parole consideration hearings for dangerous offenders) for the parole determination process applicable to dangerous offenders sentenced for crimes committed prior to November 1, 1989.
(4) An offender released under this section shall serve the remainder of the sentence term imposed under ORS 161.725 (Standards for sentencing of dangerous offenders), 161.735 (Procedure for determining whether defendant dangerous) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) on post-prison supervision, however:
(a) Notwithstanding ORS 137.010 (Duty of court to ascertain and impose punishment) or the rules of the Oregon Criminal Justice Commission, the State Board of Parole and Post-Prison Supervision may sanction an offender to the supervision of the local authority for a maximum period of 180 days for any supervision violation. The sanction may be imposed repeatedly during the term of post-prison supervision for subsequent supervision violations.
(b) After release under this section, the board may at any time return the offender to prison and require the offender to submit to a psychiatric or psychological examination as provided for in ORS 144.226 (Examination by psychiatrist or psychologist of person sentenced as dangerous offender). If the board finds that the offender’s dangerousness has returned and cannot be adequately controlled with supervision and mental and physical health treatment, or that resources for supervision and treatment are not available to the offender, the board may defer the offender’s release from prison for an indefinite period of time. An offender returned to prison under this paragraph is entitled to periodic reviews for possible release to post-prison supervision as provided by subsection (3) of this section. [1989 c.790 §80; 1993 c.334 §4; 1995 c.423 §18; 2009 c.660 §5]
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