Title 144 · ORS Chapter 144

144.096, as a condition of post-prison supervision under ORS 144.102 or as a condition of parole under ORS 144.270. �� (2) The board shall include in the rules: �� (a) A general prohibition ag

Citation: ORS 144.096

Section: 144.096

144.096, as a condition of post-prison supervision under ORS 144.102 or as a condition of parole under ORS 144.270.

�� (2) The board shall include in the rules:

�� (a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;

�� (b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized;

�� (c) A prohibition against allowing a sex offender to reside in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless authorized as provided in ORS 144.102 (4)(b)(M); and

�� (d) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender�s residence to be informed of the decision making process before the offender is released.

�� (3) Based upon the rules adopted under subsections (1) and (2) of this section, the board shall develop a decision matrix to be used in determining the specific residence for a sex offender. [2001 c.365 �3; 2005 c.576 �6; 2011 c.258 �4]

�� Note: See note under 144.641.

�� 144.646 Use of rules and matrix by community corrections agency. When a community corrections agency reviews a proposed release plan for a sex offender, the agency shall follow the rules adopted by and utilize the decision matrix developed by the Department of Corrections under ORS 144.642 in making decisions about the permanent residence of the sex offender. [2001 c.365 �4]

�� Note: See note under 144.641.

EXECUTIVE CLEMENCY

�� 144.649 Granting reprieves, commutations and pardons generally; remission of penalties and forfeitures. Upon such conditions and with such restrictions and limitations as the Governor thinks proper, the Governor may grant reprieves, commutations and pardons, after convictions, for all crimes and may remit, after judgment therefor, all penalties and forfeitures. [Formerly 144.640]

�� 144.650 Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney. (1) When an application for a pardon, commutation or remission is made to the Governor, a copy of the application, signed by the person applying and stating fully the grounds of the application, shall be served upon:

�� (a) The district attorney of the county where the conviction occurred;

�� (b) If the person applying is housed in a correctional facility within the State of Oregon, the district attorney of the county in which the correctional facility is located;

�� (c) The State Board of Parole and Post-Prison Supervision; and

�� (d) The Director of the Department of Corrections.

�� (2) Proof by affidavit of the service shall be presented to the Governor.

�� (3) Upon receiving a copy of the application, the district attorney of the county where the conviction occurred shall:

�� (a) Notify the victim of the crime concerning the application and the victim�s right to provide the Governor with any information relevant to the Governor�s decision;

�� (b) Provide the Governor with any information relevant to the Governor�s decision that the victim wishes to have provided; and

�� (c) Provide the Governor with copies of the following documents:

�� (A) Police and other investigative reports;

�� (B) The charging instrument;

�� (C) The plea petition, if applicable;

�� (D) The judgment of conviction and sentence;

�� (E) Any victim impact statements submitted or filed; and

�� (F) Any documents evidencing the applying person�s payment or nonpayment of restitution or compensatory fines ordered by the court.

�� (4) In addition to providing the documents described in subsection (3) of this section, upon receiving a copy of the application for pardon, commutation or remission, any person or agency named in subsection (1) of this section shall provide to the Governor as soon as practicable such information and records relating to the case as the Governor may request and shall provide further information and records relating to the case that the person or agency considers relevant to the issue of pardon, commutation or remission, including but not limited to:

�� (a) Statements by the victim of the crime or any member of the victim�s immediate family, as defined in ORS 163.730;

�� (b) A statement by the district attorney of the county where the conviction occurred; and

�� (c) Photos of the victim and the autopsy report, if applicable.

�� (5) Following receipt by the Governor of an application for pardon, commutation or remission, the Governor shall not grant the application for at least 30 days. Upon the expiration of 180 days, if the Governor has not granted the pardon, commutation or remission applied for, the application shall lapse. Any further proceedings for pardon, commutation or remission in the case shall be pursuant only to further application and notice. [Formerly 143.040; 1983 c.776 �1; 1987 c.320 �79; 1995 c.805 �1; 2019 c.369 �5]

�� 144.653 Sealing records of pardoned conviction; notice to victim. (1) When the Governor grants a pardon, the Governor or the Governor�s designee shall within 10 days notify:

�� (a) The presiding judge of the circuit court of the county in which the pardoned conviction occurred; and

�� (b) The district attorney of the county in which the pardoned conviction occurred.

�� (2) Upon receipt of the notification described in subsection (1)(a) of this section, the presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge but excluding records of the pardon produced under ORS 144.650 or