2017 ORS 144.785¹
Rules on duration of prison terms when aggravating or mitigating circumstances exist
  • limitation on terms
  • dangerous offenders

(1) The commission shall propose to the board and the board shall adopt rules regulating variations from the ranges, to be applied when aggravating or mitigating circumstances exist. The rules shall define types of circumstances as aggravating or mitigating and shall set the maximum variation permitted.

(2) In no event shall the duration of the actual imprisonment under the ranges or variations from the ranges exceed the maximum term of imprisonment fixed for an offense, except in the case of a prisoner who has been sentenced under ORS 161.725 (Standards for sentencing of dangerous offenders) as a dangerous offender, in which case the maximum term shall not exceed 30 years. [1977 c.372 §3; 1981 c.547 §1; 1987 c.634 §3]

Notes of Decisions

Since Board of Parole is not authorized to keep individual incarcerated beyond max­i­mum period of im­pris­on­­ment set at sen­ten­cing, it was error for judge to state, at time of imposing sen­tence, that number of years he sen­tenced defendant was merely academic because of Board’s schedule for determining parole. State v. Gibson, 36 Or App 111, 583 P2d 584 (1978), Sup Ct review denied

This sec­tion does not require that, in setting parole release date, Parole Board determine by rule, in advance, every circumstance it may consider to be aggravating or mitigating. Moore v. Ore. State Bd. of Parole, 54 Or App 369, 635 P2d 3 (1981)

This sec­tion does not require Parole Board to determine, in advance, max­i­mum varia­tions permitted from the matrix range. Hein v. Board of Parole, 56 Or App 293, 641 P2d 642 (1982)

Where rules adopted pursuant to this sec­tion contain no legal basis for completely excluding item offered in mitiga­tion on ground it is not directly related to circumstances surrounding present crime, exclusion of mitigating evidence offered was not consistent with rules of Board of Parole. Calderon-Pacheco v. Board of Parole, 309 or 454, 788 P2d 1001 (1990)

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.