ORS 144.098
Review of release plan


(1)

When the State Board of Parole and Post-Prison Supervision or a local supervisory authority responsible for correctional services for an adult in custody reviews the release plan prior to approval of the plan as required by ORS 144.096 (Release plan), it may interview the adult in custody and may review the following information:

(a)

Reports of any physical, psychiatric or psychological examinations of the adult in custody;

(b)

The presentence investigation report specified by ORS 144.791 (Presentence report in felony conviction cases) or, if no such report has been prepared, a report of similar content prepared by institutional staff;

(c)

The record of the conduct of the adult in custody during confinement; and

(d)

Any other information relevant to the reintegration of the adult in custody into the community that may be submitted by the adult in custody, the attorney of the adult in custody, the victim of the crime, the Department of Corrections, local corrections agencies or any other person.

(2)

If the board reviews a release plan, the board must attempt to notify the victim before the review of the release plan by sending written notice to the victim if the victim requests to be notified and furnishes the board with a current address. The notice must inform the victim that the victim may submit information concerning the adult in custody and the crime to the board for the board’s consideration.

(3)

The department or local corrections agency shall provide to the board or local supervisory authority reviewing the release plan any psychiatric or psychological reports held by the department or local corrections agency regarding the adult in custody. However, if the psychiatrist or psychologist who prepared the report or any treating psychiatrist or psychologist determines that disclosure to the adult in custody of the contents of the report would be detrimental to the mental or emotional health of the adult in custody, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the adult in custody. The department or local corrections agency may withhold from the board or supervisory authority reviewing the plan any report so indorsed. [1989 c.790 §32b; 1997 c.525 §7; 2019 c.213 §28]
Note: See second note under 144.096 (Release plan).
Note: Sections 29, 33 and 38 (2), chapter 649, Oregon Laws 2013, provide:
Sec. 29. Reentry courts. (1) When a circuit court in a participating county sentences a person to a term of imprisonment, the court may order that the person participate in a reentry court, subject to admission under subsection (3) of this section, as a condition of post-prison supervision.

(2)

At any time prior to the termination of post-prison supervision, the supervisory authority may provide a report to the reentry court recommending that a person sentenced under subsection (1) of this section be admitted into the reentry court.

(3)

When a reentry court receives a report described in subsection (2) of this section, or an adult in custody release plan prepared under ORS 144.096 (Release plan), that recommends the admission of a person sentenced under subsection (1) of this section into a reentry court, the court may enter an order admitting the person into the reentry court.

(4)

Notwithstanding ORS 137.124 (Commitment of defendant to Department of Corrections or county) and 423.478 (Duties of department and counties) and any other provision of law, when a court enters an order admitting a person into a reentry court, the court may:

(a)

Issue a warrant and cause the person to be arrested for violating a condition of post-prison supervision.

(b)

Appoint counsel to represent the person in accordance with ORS 135.050 (Eligibility for court-appointed counsel), if the person is financially eligible.

(c)

Determine whether the conditions of post-prison supervision have been violated and impose sanctions for the violations.

(5)

Intentionally left blank —Ed.

(a)

When the court conducts a post-prison supervision violation hearing under this section, the person may admit or deny alleged violations of conditions of post-prison supervision. The person and the state may present evidence at the hearing.

(b)

If the court determines by a preponderance of the evidence that a person admitted into a reentry court has violated the conditions of post-prison supervision, the court may impose sanctions for the violations that are consistent with the rules adopted under ORS 144.106 (Violation of post-prison supervision conditions) and 144.107 (Sanctions for violations of conditions of post-prison supervision), except that the court may not impose a sanction of imprisonment in a correctional facility that exceeds 12 months.

(6)

Intentionally left blank —Ed.

(a)

When a court issues a warrant under this section and causes a person admitted into a reentry court to be arrested and taken into custody for violating a condition of post-prison supervision, the person shall be brought before a magistrate during the first 36 hours in custody, excluding Saturdays, Sundays and holidays. The magistrate may order the person held pending a violation hearing or transferred to the county in which the reentry court is located, or may release the person upon the condition that the person appear in court at a later date for a post-prison violation hearing. If the person is held on an out-of-county warrant, the magistrate may order the person released subject to an additional order that the person report within seven calendar days to the reentry court.

(b)

Except for good cause shown, if the person is held in custody and the violation hearing is not held within 14 calendar days following the person’s arrest, the person shall be released from custody.

(7)

As used in this section, “participating county” means a county:

(a)

That has applied for and received a grant under section 53, chapter 649, Oregon Laws 2013, to administer a reentry court; and

(b)

For which the presiding judge of the judicial district in which the county is located issues an order establishing a reentry court steering committee consisting of:

(A)

A circuit court judge;

(B)

A district attorney;

(C)

A criminal defense attorney;

(D)

A parole and probation officer;

(E)

A representative of the business community;

(F)

A representative of the education community; and

(G)

Any other person the presiding judge determines is appropriate. [2013 c.649 §29; 2019 c.213 §118]
Sec. 33. Section 29 of this 2013 Act is repealed on July 1, 2023. [2013 c.649 §33]
Sec. 38. (2) The repeal of section 29 of this 2013 Act by section 33 of this 2013 Act and the amendments to ORS 40.015 (Rule 101. Applicability of Oregon Evidence Code), 144.096 (Release plan), 144.101 (Board’s jurisdiction over conditions of post-prison supervision) and 144.106 (Violation of post-prison supervision conditions) by sections 34 to 37 of this 2013 Act do not affect the jurisdiction of a reentry court over a person sentenced under section 29 of this 2013 Act. [2013 c.649 §38(2)]

Source: Section 144.098 — Review of release plan, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

144.005
State Board of Parole and Post-Prison Supervision
144.015
Confirmation by Senate
144.025
Chairperson
144.035
Board hearings
144.040
Board to determine parole and post-prison supervision violations
144.050
Power of board to authorize parole
144.054
When board decision must be reviewed by at least three board members
144.059
State Board of Parole and Post-Prison Supervision Account
144.060
Acceptance of funds or property
144.075
Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation
144.079
Determination of total term of certain consecutive sentences of imprisonment
144.083
Early discharge from supervision
144.085
Active parole and post-prison supervision
144.086
Supervision conditions related to medical use of cannabis
144.087
“Supervisory authority” defined
144.089
Community service exchange programs
144.096
Release plan
144.098
Review of release plan
144.101
Board’s jurisdiction over conditions of post-prison supervision
144.102
Conditions of post-prison supervision
144.103
Term of active post-prison supervision for person convicted of certain offenses
144.104
Supervisory authority
144.106
Violation of post-prison supervision conditions
144.107
Sanctions for violations of conditions of post-prison supervision
144.108
Recommitment to prison for certain violations
144.109
Violation of post-prison supervision by sexually violent dangerous offender
144.110
Restriction on parole of persons sentenced to minimum terms
144.120
Initial parole hearing
144.122
Advancing initial release date
144.123
Who may accompany person to parole hearing
144.125
Review of parole plan, psychological reports and conduct prior to release
144.126
Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated
144.130
Prisoner to have access to written materials considered at hearings or interviews
144.135
Bases of parole decisions to be in writing
144.140
Rules
144.185
Records and information available to board
144.223
Examination by psychiatrist or psychologist of parole candidate
144.226
Examination by psychiatrist or psychologist of person sentenced as dangerous offender
144.228
Periodic parole consideration hearings for dangerous offenders
144.232
Release of dangerous offender to post-prison supervision
144.245
Date of release on parole
144.260
Notice of prospective release on parole or post-prison supervision
144.270
Conditions of parole
144.275
Parole of adults in custody sentenced to pay compensatory fines or make restitution
144.280
Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989
144.285
Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder
144.315
Evidence admissible before board
144.317
Appointment of attorneys
144.331
Suspension of parole or post-prison supervision
144.334
Use of citations for parole or post-prison supervision violators
144.335
Appeal from order of board to Court of Appeals
144.337
Public Defense Services Commission to provide counsel for eligible petitioners
144.340
Power to retake and return violators of parole and post-prison supervision
144.341
Procedure upon arrest of violator
144.343
Hearing required on revocation
144.345
Revocation of parole
144.346
Parole revocation sanctions
144.347
Subpoena power of board
144.349
When ORS 144.343 does not apply
144.350
Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release
144.360
Effect of order for arrest and detention of violator
144.370
Suspension of parole or post-prison supervision following order for arrest and detention
144.374
Deputization of persons in other states to act in returning Oregon violators
144.376
Contracts for sharing expense with other states of cooperative returns of violators
144.380
Violator as fugitive from justice
144.395
Rerelease of persons whose parole has been revoked
144.397
Release eligibility for juvenile offenders after 15 years of imprisonment
144.404
Department of Corrections authority to receive, hold and dispose of property
144.405
Duty of officer upon seizure
144.406
Petition for return of things seized
144.407
Grounds for valid claim to rightful possession
144.408
Hearing on petition
144.409
Granting petition for return of things seized
144.410
Definitions for ORS 144.410 to 144.525
144.420
Department of Corrections to administer work release program
144.430
Duties of department in administering program
144.440
Recommendation by sentencing court
144.450
Approval or rejection of recommendations
144.460
Contracts for quartering of enrollees
144.470
Disposition of enrollee’s compensation under program
144.480
Protections and benefits for enrollees
144.490
Status of enrollees
144.500
Effect of violation or unexcused absence by enrollee
144.515
Release terminates enrollment
144.522
Revolving fund
144.525
Custody of enrollee earnings deducted or otherwise retained by department
144.600
Interstate Compact for Adult Offender Supervision
144.602
Short title
144.603
Withdrawal from compact
144.605
Fee for application to transfer supervision
144.610
Out-of-state supervision of parolees
144.613
Notice when parole or probation violated
144.615
Hearing procedure
144.617
Hearing on violation in another state
144.620
Short title
144.622
“Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision
144.635
Intensive supervision
144.637
Rules
144.639
Projecting number of persons to be classified as sexually violent dangerous offenders
144.641
Definitions
144.642
Criteria for determining residence
144.644
Criteria for determining residence
144.646
Use of rules and matrix by community corrections agency
144.649
Granting reprieves, commutations and pardons generally
144.650
Notice of intention to apply for pardon, commutation or remission
144.653
Sealing records of pardoned conviction
144.655
Request to seal records of pardoned conviction
144.660
Report to legislature by Governor
144.670
Filing of papers by Governor
144.710
Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections
144.720
Judge’s power to suspend execution of sentence or grant probation prior to commitment
144.730
Failure to complete treatment program
144.740
Request for appearance by prosecuting attorney at release date hearing
144.750
Victim’s rights
144.775
Commission members
144.780
Rules on duration of imprisonment
144.783
Duration of term of imprisonment when prisoner is sentenced to consecutive terms
144.785
Rules on duration of prison terms when aggravating or mitigating circumstances exist
144.787
Rules on age or physical disability of victim constituting aggravating circumstance
144.791
Presentence report in felony conviction cases
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