2017 ORS 144.783¹
Duration of term of imprisonment when prisoner is sentenced to consecutive terms

(1) When a prisoner is sentenced to two or more consecutive terms of imprisonment, the duration of the term of imprisonment shall be the sum of the terms set by the State Board of Parole and Post-Prison Supervision pursuant to the ranges established for the offenses, subject to ORS 144.079 (Determination of total term of certain consecutive sentences of imprisonment), and subject to the variations established pursuant to ORS 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) (1).

(2) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security. [1987 c.634 §2; 1991 c.126 §9; 2015 c.820 §44]

Notes of Decisions

Under Former Similar Statute (Ors 144.785 (Rules on duration of prison terms when aggravating or mitigating circumstances exist))

Power of board to unsum sen­tences set by board did not allow unsumming consecutive sen­tences for ag­gra­vat­ed mur­der. Severy v. Board of Parole, 318 Or 172, 864 P2d 368 (1993)

In General

Determina­tion of release eligibility date using summed-range method rather than principal- and base-range method for crimes listed under ORS 144.079 (Determination of total term of certain consecutive sentences of imprisonment) and committed prior to statute enact­ment date violates United States constitu­tional pro­hi­bi­­tion against ex post facto laws. Nulph v. Faatz, 27 F3d 451 (9th Cir. 1994)

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.