ORS 144.102
Conditions of post-prison supervision


Mentioned in

Guilty by association: When parole and probation rules disrupt support systems

Prison Policy Initiative, November 8, 2023

“Requiring people on supervision to avoid others with criminal legal system contact can actually hinder their success in the community. We found that it’s common…”
 
Bibliographic info

(1)

The State Board of Parole and Post-Prison Supervision or local supervisory authority responsible for correctional services for a person shall specify in writing the conditions of post-prison supervision imposed under ORS 144.096 (Release plan). A copy of the conditions must be given to the person upon release from prison or jail.

(2)

The board or the supervisory authority shall determine, and may at any time modify, the conditions of post-prison supervision, which may include, among other conditions, that the person shall:

(a)

Comply with the conditions of post-prison supervision as specified by the board or supervisory authority.

(b)

Be under the supervision of the Department of Corrections and its representatives or other supervisory authority and abide by their direction and counsel.

(c)

Answer all reasonable inquiries of the board, the department or the supervisory authority.

(d)

Report to the parole officer as directed by the board, the department or the supervisory authority.

(e)

Not own, possess or be in control of any weapon.

(f)

Respect and obey all municipal, county, state and federal laws.

(g)

Understand that the board or supervisory authority may, at its discretion, punish violations of post-prison supervision.

(h)

Attend a victim impact treatment session in a county that has a victim impact program.

(i)

For crimes constituting delivery of a controlled substance, as those terms are defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), or for telephonic harassment under ORS 166.090 (Telephonic harassment), or for crimes involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), be prohibited from using Internet websites that provide anonymous text message services.

(3)

If the person is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), the board or supervisory authority shall include as a condition of post-prison supervision that the person report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:

(a)

When supervision begins;

(b)

Within 10 days of a change in residence;

(c)

Once each year within 10 days of the person’s date of birth;

(d)

Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(e)

Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(4)

Intentionally left blank —Ed.

(a)

The board or supervisory authority may establish special conditions that the board or supervisory authority considers necessary because of the individual circumstances of the person on post-prison supervision.

(b)

If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), the board or supervisory authority shall include all of the following as special conditions of the person’s post-prison supervision:

(A)

Agreement to comply with a curfew set by the board, the supervisory authority or the supervising officer.

(B)

A prohibition against contacting a person under 18 years of age without the prior written approval of the board, supervisory authority or supervising officer.

(C)

A prohibition against being present more than one time, without the prior written approval of the board, supervisory authority or supervising officer, at a place where persons under 18 years of age regularly congregate.

(D)

In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board, supervisory authority or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.

(E)

A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.

(F)

Entry into and completion of or successful discharge from a sex offender treatment program approved by the board, supervisory authority or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.

(G)

A prohibition against direct or indirect contact with the victim, unless approved by the victim, the person’s treatment provider and the board, supervisory authority or supervising officer.

(H)

Unless otherwise indicated for the treatment required under subparagraph (F) of this paragraph, a prohibition against viewing, listening to, owning or possessing sexually stimulating visual or auditory materials that are relevant to the person’s deviant behavior.

(I)

Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board or supervisory authority if the representative has reasonable grounds to believe that evidence of a violation of a condition of post-prison supervision will be found.

(J)

Participation in random polygraph examinations to obtain information for risk management and treatment. The person is responsible for paying the expenses of the examinations. The results of a polygraph examination under this subparagraph may not be used in evidence in a hearing to prove a violation of post-prison supervision.

(K)

Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board, supervisory authority or supervising officer.

(L)

A prohibition against using a post-office box unless approved by the board, supervisory authority or supervising officer.

(M)

A prohibition against residing in a dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board, supervisory authority or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or the director of the supervisory authority, or a designee of the board or director. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety.

(c)

Intentionally left blank —Ed.

(A)

If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), or an assault, as defined in ORS 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree), and the victim was under 18 years of age, the board or supervisory authority, if requested by the victim, shall include as a special condition of the person’s post-prison supervision that the person not reside within three miles of the victim unless:
(i)
The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (7) of this section;
(ii)
The person demonstrates to the board or supervisory authority by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;
(iii)
The person demonstrates to the board or supervisory authority by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the post-prison supervision; or
(iv)
The person resides in a halfway house.

(B)

A victim may request imposition of the special condition of post-prison supervision described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim’s request may be included in the judgment document.

(C)

If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to within three miles of the person’s residence, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.

(d)

Intentionally left blank —Ed.

(A)

If a person is on post-prison supervision following conviction of stalking under ORS 163.732 (Stalking) (2)(b) or violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order) (2)(b), the board or supervisory authority may include as a special condition of the person’s post-prison supervision reasonable residency restrictions.

(B)

If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to a location that causes the person to be in violation of the special condition of post-prison supervision, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.

(5)

Intentionally left blank —Ed.

(a)

The board or supervisory authority may require the person to pay, as a condition of post-prison supervision, compensatory fines, restitution or attorney fees:

(A)

As determined, imposed or required by the sentencing court; or

(B)

When previously required as a condition of any type of supervision that is later revoked.

(b)

The board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person:

(A)

Was ordered to pay restitution as a result of another conviction; and

(B)

Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered.

(6)

A person’s failure to apply for or accept employment at a workplace where there is a labor dispute in progress does not constitute a violation of the conditions of post-prison supervision.

(7)

Intentionally left blank —Ed.

(a)

When a person is released from imprisonment on post-prison supervision, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.

(b)

If the person was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county where the person resided at the time of the offense that resulted in the imprisonment.

(c)

For purposes of paragraph (b) of this subsection:

(A)

The board shall determine the county where the person resided at the time of the offense by examining records such as:
(i)
An Oregon driver license, regardless of its validity;
(ii)
Records maintained by the Department of Revenue;
(iii)
Records maintained by the Department of State Police;
(iv)
Records maintained by the Department of Human Services;
(v)
Records maintained by the Department of Corrections; and
(vi)
Records maintained by the Oregon Health Authority.

(B)

If the person did not have an identifiable address at the time of the offense, or the address cannot be determined, the person is considered to have resided in the county where the offense occurred.

(C)

If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.

(D)

In determining the person’s county of residence, the board may not consider offenses committed by the person while the person was incarcerated in a Department of Corrections facility.

(d)

Upon motion of the board, the supervisory authority, the person, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:

(A)

The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;

(B)

The person is found to pose a significant danger to a victim of the person’s crime residing in the county of residence, or a victim or victim’s family residing in the county of residence is found to pose a significant danger to the person;

(C)

The person has a spouse or biological or adoptive family residing in a county other than the county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the post-prison supervision;

(D)

As another condition of post-prison supervision, the person is required to participate in a treatment program that is not available in the county of residence;

(E)

The person requests release to another state; or

(F)

The board finds other good cause for the waiver.

(e)

The board shall consider eligibility for transitional housing programs and residential treatment programs when determining whether to waive the residency condition under paragraph (b) of this subsection, and the acceptance of the person into a transitional housing program or a residential treatment program constitutes good cause as described in paragraph (d)(F) of this subsection.

(8)

As used in this section:

(a)

“Attends,” “carries on a vocation,” “institution of higher education” and “works” have the meanings given those terms in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(b)

Intentionally left blank —Ed.

(A)

“Dwelling” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118).

(B)

“Dwelling” does not mean a residential treatment facility or a halfway house.

(c)

“Halfway house” means a residential facility that provides rehabilitative care and treatment for sex offenders.

(d)

“Labor dispute” has the meaning given that term in ORS 662.010 (Labor disputes). [1989 c.790 §32a; 1991 c.597 §1; 1995 c.423 §23; 1997 c.525 §8; 1997 c.526 §1; 1999 c.474 §1; 1999 c.626 §12; amendments by 1999 c.626 §35 repealed by 2001 c.884 §1; 2001 c.731 §§1,2; 2005 c.532 §1; 2005 c.567 §9; 2005 c.576 §2; 2005 c.642 §2a; 2007 c.71 §37; 2009 c.204 §6; 2009 c.595 §99; 2009 c.713 §12; 2011 c.258 §1; 2011 c.547 §30; 2017 c.438 §3; 2017 c.670 §4; 2017 c.689 §2; 2021 c.653 §6]
Note: See second note under 144.096 (Release plan).

Source: Section 144.102 — Conditions of post-prison supervision, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

Notes of Decisions

Where prisoner is sentenced for some offenses subject to parole and some offenses subject to post-prison supervision, upon release, prisoner may be made subject to both parole and post-prison supervision. Kowalski v. Board of Parole and Post-Prison Supervision, 194 Or App 156, 93 P3d 831 (2004), Sup Ct review denied

Special condition of post-prison supervision is permissible unless special condition lacks discernable relationship to individual circumstances of supervised person or to protection of public. Weems v. Board of Parole, 221 Or App 70, 190 P3d 381 (2008), aff’d Weems/Roberts v. Board of Parole, 347 Or 586, 227 P3d 671 (2010)

Condition of post-prison supervision may be considered necessary under statute if board reasonably could view condition as essential to or required for objectives of public safety or offender reformation. Penn v. Bd. of Parole and Post-Prison Supervision, 365 Or 607, 451 P3d 589 (2019)

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
Green check means up to date. Up to date