2015 ORS 144.407¹
Grounds for valid claim to rightful possession

A petition for the return or restoration of things seized shall be based on the ground that the petitioner has a valid claim to rightful possession because:

(1) The things had been stolen or otherwise converted and the petitioner is the owner or rightful possessor;

(2) The things seized were not, in fact, subject to seizure in connection with the suspected parole or post-prison supervision violation;

(3) Although the things seized were subject to seizure in connection with a suspected parole or post-prison supervision violation, the petitioner is or will be entitled to their return or restoration upon a determination by the Department of Corrections or the State Board of Parole and Post-Prison Supervision that they are no longer needed for evidentiary purposes, do not constitute a parole or post-prison supervision violation or may be lawfully possessed by the petitioner; or

(4) The suspected parole or post-prison supervision violator and the department have stipulated that the things seized may be returned to the petitioner. [1991 c.286 §4]

Note: See note under 144.404 (Department of Corrections authority to receive, hold and dispose of property).

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.