2017 ORS 144.245¹
Date of release on parole
  • effect of release order

(1) When the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

(2) When the board has not set a date on which a prisoner is to be released upon parole, the prisoner shall be released upon a date six months prior to the expiration of the prisoner’s term as computed under ORS 421.120 (Reduction in term of sentence of inmates) and 421.122 (Status of time enrolled in work release) unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

(3) In no case does a prisoner have a right to refuse an order granting the prisoner release upon parole. [1985 c.53 §§2,3]

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

Notes of Decisions

Prisoners sen­tenced for crimes committed prior to sec­tion’s 1985 effective date cannot be re­quired to accept parole. Bollinger v. Board of Parole, 142 Or App 81, 920 P2d 1111 (1996), aff’d 329 Or 505, 992 P2d 445 (1999)

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 144, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano144.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.