2017 ORS 144.780¹
Rules on duration of imprisonment
  • objectives
  • considerations in prescribing rules

(1) The commission shall propose to the board and the board shall adopt rules establishing ranges of duration of imprisonment to be served for felony offenses prior to release on parole. The range for any offense shall be within the maximum sentence provided for that offense.

(2) The ranges shall be designed to achieve the following objectives:

(a) Punishment which is commensurate with the seriousness of the prisoner’s criminal conduct; and

(b) To the extent not inconsistent with paragraph (a) of this subsection:

(A) The deterrence of criminal conduct; and

(B) The protection of the public from further crimes by the defendant.

(3) The ranges, in achieving the purposes set forth in subsection (2) of this section, shall give primary weight to the seriousness of the prisoner’s present offense and criminal history. Existing correctional resources shall be considered in establishing the ranges. [1977 c.372 §2; 1985 c.163 §1]

Notes of Decisions

Rules promulgated by Board of Parole creating “matrix system” were within legislative delega­tion of authority under this sec­tion. Folk v. Board of Parole, 53 Or App 142, 631 P2d 353 (1981)

Defendant’s denial of guilt is not a mitigating factor under this sec­tion. Reese v. Board of Parole, 303 Or 692, 740 P2d 784 (1987)

This sec­tion provides no legal basis for completely excluding item offered in mitiga­tion on ground it is not directly related to circumstances surrounding present crime. Calderon-Pacheco v. Board of Parole, 309 Or 454, 788 P2d 1001 (1990)

Require­ment that range of dura­tion of im­pris­on­­ment be es­tab­lished for of­fense is not require­ment to set parole release date for individual offender. Engweiler v. Board of Parole, 343 Or 536, 175 P3d 408 (2007)

Statute has no applica­tion to authority of Board of Parole and Post-Prison Supervision to adopt rules allowing for parole release by juveniles convicted of ag­gra­vat­ed mur­der. State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011)

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.