Title 144 · ORS Chapter 144
144.350, the board may order suspension of the detained person�s parole or post-prison supervision. A hearing shall then be conducted as promptly as convenient pursuant to ORS 144.343. [Amended by 197
Citation: ORS 144.350
Section: 144.350
144.350, the board may order suspension of the detained person�s parole or post-prison supervision. A hearing shall then be conducted as promptly as convenient pursuant to ORS 144.343. [Amended by 1973 c.694 �10; 1973 c.836 �299; 1974 c.36 �7; 1981 c.644 �9; 1983 c.740 �19; 1991 c.108 �2]
����� 144.374 Deputization of persons in other states to act in returning Oregon violators. (1) The Director of the Department of Corrections may deputize, in writing, any person regularly employed by another state, to act as an officer and agent of this state for the return of any person who has violated the conditions of parole, post-prison supervision, conditional pardon or other conditional release.
����� (2) Any person deputized pursuant to subsection (1) of this section shall have the same powers with respect to the return of any person who has violated the conditions of parole, post-prison supervision, conditional pardon or other conditional release from custody as any peace officer of this state.
����� (3) Any person deputized pursuant to subsection (1) of this section shall carry formal evidence of deputization and shall produce the same on demand. [1955 c.369 �1; 1969 c.597 �118; 1973 c.836 �300; 1987 c.320 �65; 1989 c.790 �45]
����� 144.376 Contracts for sharing expense with other states of cooperative returns of violators. The Department of Corrections may enter into contracts with similar officials of any state, for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the conditions of parole, post-prison supervision, probation, conditional pardon or other conditional release. [1955 c.369 �2; 1969 c.597 �119; 1983 c.425 �1; 1987 c.320 �66; 1989 c.790 �46]
����� 144.380 Violator as fugitive from justice. After the suspension of parole or post-prison supervision or revocation of probation or conditional pardon of any convicted person, and until the return of the person to custody, the person shall be considered a fugitive from justice. [Amended by 1973 c.694 �11; 1989 c.790 �47]
����� 144.390 [Amended by 1975 c.589 �1; repealed by 1989 c.790 �47a]
����� 144.395 Rerelease of persons whose parole has been revoked; rules. The board shall adopt rules consistent with the criteria in ORS 144.780 relating to the rerelease of persons whose parole has been revoked. [1977 c.372 �7]
RELEASE HEARINGS FOR JUVENILE OFFENDERS
����� 144.397 Release eligibility for juvenile offenders after 15 years of imprisonment; board hearing; rules. (1)(a) A person convicted of an offense or offenses committed when the person was under 18 years of age, who is serving a sentence of imprisonment for the offense or offenses, is eligible for release on parole or post-prison supervision as provided in this section after the person has served 15 years of imprisonment.
����� (b) Nothing in this section is intended to prevent a person from being released prior to serving 15 years of imprisonment under any other provision of law.
����� (c) As used in this subsection, �served 15 years of imprisonment� means that 15 years have passed since the person began serving the sentence, including pretrial incarceration but not including any reduction in sentence under ORS 421.121 or any other statute.
����� (2) This section applies notwithstanding ORS 144.110 or the fact that the person was:
����� (a) Sentenced to a minimum sentence under ORS 163.105, 163.107, 163.115 or 163.155.
����� (b) Sentenced to a mandatory minimum sentence under ORS 137.700, 137.707 or 137.717, a determinate sentence under ORS 137.635 or a sentence required by any other provision of law.
����� (c) Sentenced to two or more consecutive sentences under ORS 137.123.
����� (3) When a person eligible for release on parole or post-prison supervision as described in subsection (1) of this section has served 15 years of imprisonment, the State Board of Parole and Post-Prison Supervision shall hold a hearing. The hearing must provide the person a meaningful opportunity to be released on parole or post-prison supervision.
����� (4) The board may require the person, before holding a hearing described in this section, to be examined by a psychiatrist or psychologist with expertise in adolescent development. Within 60 days of the evaluation, the examining psychiatrist or psychologist shall file a written report of the findings and conclusions of the examination with the board. A certified copy of the report shall be provided to the person and the person�s attorney.
����� (5) During a hearing under this section, the board shall consider and give substantial weight to the fact that a person under 18 years of age is incapable of the same reasoning and impulse control as an adult and the diminished culpability of minors as compared to that of adults. The board shall also consider the following circumstances, if relevant to the specific person and offense:
����� (a) The age and immaturity of the person at the time of the offense.
����� (b) Whether and to what extent an adult was involved in the offense.
����� (c) The person�s family and community circumstances at the time of the offense, including any history of abuse, trauma and involvement in the juvenile dependency system.
����� (d) The person�s subsequent emotional growth and increased maturity during the person�s imprisonment.
����� (e) The person�s participation in rehabilitative and educational programs while in custody if such programs have been made available to the person and use of self-study for self-improvement.
����� (f) A mental health diagnosis.
����� (g) Any other mitigating factors or circumstances presented by the person.
����� (6) Under no circumstances may the board consider the age of the person as an aggravating factor.
����� (7) If the board finds that, based on the consideration of the age and immaturity of the person at the time of the offense and the person�s behavior thereafter, the person has demonstrated maturity and rehabilitation, the board shall release the person as follows:
����� (a) For a person sentenced under ORS 163.105, 163.107, 163.115 or 163.155, the board shall set a release date that is not more than 60 days from the date of the hearing and, notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be released on parole in accordance with ORS 144.125, 144.260 and 144.270.
����� (b) A person sentenced to a term of imprisonment under a provision of law other than ORS