144.380, 144.410 to 144.610, 144.620, 144.710 or this section shall be construed as impairing or restricting the power given by law to the judge of any court to suspend execution of any part of a sent

144.380, 144.410 to 144.610, 144.620, 144.710 or this section shall be construed as impairing or restricting the power given by law to the judge of any court to suspend execution of any part of a sentence or to impose probation as part of a sentence to any person who is convicted of a crime before such person is committed to serve the sentence for the crime. [Amended by 1985 c.283 �5; 1989 c.790 �47b; 1993 c.14 �17]

����� 144.730 Failure to complete treatment program. If a person on probation, parole or post-prison supervision is required to successfully complete a drug or alcohol treatment program as a condition of supervision and the person refuses or otherwise fails to successfully complete the treatment program, the court or the supervising authority shall impose swift and certain punishment, including incarceration in jail. [2009 c.660 �13]

����� Note: 144.730 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 144.740 Request for appearance by prosecuting attorney at release date hearing. (1) For the purposes of obtaining additional information for the hearing, the State Board of Parole and Post-Prison Supervision may make a request to the district attorney of the county in which a person was convicted that a representative of the office of the prosecuting attorney appear at any hearing during which the board is to consider setting or resetting a release date for the person.

����� (2) Upon a board request for appearance at a hearing described in subsection (1) of this section, the district attorney shall:

����� (a) Appear at the hearing if the district attorney prosecuted the person.

����� (b) Notify the Attorney General of the request for appearance if the Attorney General prosecuted the person.

����� (3) Upon receiving notification from a district attorney of a request for appearance under subsection (2)(b) of this section, the Attorney General shall appear at the hearing described in subsection (1) of this section.

����� (4) Notwithstanding subsection (2)(a) of this section, a district attorney may request, and the Attorney General may agree, that the Attorney General appear at a hearing described in subsection (1) of this section in lieu of the district attorney.

����� (5) Any appearance at a hearing made pursuant to this section may be made in person, by telephone or by electronic communication device.

����� (6) Nothing in this section limits or impairs the right of a district attorney to appear at a board hearing under any other provision of law. [2015 c.161 �1]

����� Note: 144.740 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 144.750 Victim�s rights. (1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision has the following rights:

����� (a) The right to be reasonably protected from the offender during the proceeding;

����� (b) The right to attend the proceeding in person or, at the discretion of the victim and with advance notice to the board, to attend the proceeding by alternative means; and

����� (c) The right to request the district attorney of the county in which the offender was convicted, in the discretion of the district attorney, to participate in the proceeding.

����� (2)(a) The board must make a reasonable effort to notify the district attorney of the county in which the offender was convicted and the victim, if the victim requests to be notified and furnishes the board a current address, of any hearing conducted by the board. The board shall send written notice to the current addresses of the district attorney and the victim no later than 30 days before the hearing.

����� (b) The victim, personally or by counsel, and the district attorney of the county in which the offender was convicted have the right to appear at a hearing conducted by the board and may submit written and oral statements adequately and reasonably expressing any views concerning the crime and the offender.

����� (c) The victim, personally or by counsel, and the district attorney of the county in which the offender was convicted shall be given access to the information that the board will rely upon in the hearing. The victim and the district attorney shall be given adequate time to rebut the information. The victim or the district attorney may request that the board, in the discretion of the board, obtain and consider additional records, evaluations or other documents.

����� (3) The board must make a reasonable effort to notify the victim, if the victim requests to be notified and furnishes the board with a current address, of any hearing or administrative decision making process resetting or advancing a release date pursuant to ORS 144.122 or 144.126.

����� (4)(a) A supervisory authority must make a reasonable effort to notify the victim, if the victim requests to be notified and furnishes the supervisory authority a current address, of any contested hearing conducted by the supervisory authority. The supervisory authority shall send written notice to the current address of the victim as soon as practicable.

����� (b) The victim, personally or by counsel, has the right to appear at a contested hearing conducted by the supervisory authority and may submit written and oral statements adequately and reasonably expressing any views concerning the crime and the offender.

����� (c) The victim, personally or by counsel, shall be given access to information that the supervisory authority will rely upon in the contested hearing. The victim shall be given adequate time to rebut the information. The victim may request that the supervisory authority, in the discretion of the supervisory authority, obtain and consider additional records, evaluations or other documents.

����� (5) For purposes of this section, the victim may appear personally through the victim�s next of kin or a representative selected by the victim. [2010 c.89 �4; 2015 c.230 �3]

ADVISORY COMMISSION ON PRISON TERMS AND PAROLE STANDARDS

����� 144.775 Commission members; terms; compensation; rules on duration of prison terms. (1) There is hereby established an Advisory Commission on Prison Terms and Parole Standards. The commission shall consist of equal numbers of State Board of Parole and Post-Prison Supervision members and circuit court judges appointed by the Chief Justice of the Supreme Court. The legal counsel to the Governor shall serve as an ex officio member of the commission and shall not vote unless necessary to break a voting deadlock. The Director of the Department of Corrections shall act as an advisor to the commission.

����� (2) The term of office of each of the members appointed by the Chief Justice is four years. Before the expiration of the term of any of those members, the Chief Justice shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Chief Justice shall make an appointment to become immediately effective for the unexpired term.

����� (3) A member of the commission shall receive no compensation for services as a member. However, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties under ORS 292.495.

����� (4) The chairperson of the State Board of Parole and Post-Prison Supervision and a judge elected by the judicial members shall serve in alternate years as chairperson of the commission. The chairperson and a vice chairperson shall be elected prior to July 1 of each year to serve for the year following. The commission shall adopt its own bylaws and rules of procedure. A majority of the commission members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the members shall be required to make proposals to the board under ORS 144.775 to 144.791.

����� (5) The commission shall meet at least annually at a place and time determined by the chairperson and at such other times and places as may be specified by the chairperson or five members of the commission.

����� (6) The State Board of Parole and Post-Prison Supervision shall provide the commission with the necessary clerical and secretarial staff support and shall keep the members of the commission fully informed of the experience of the board in applying the standards derived from those proposed by the commission.

����� (7) The commission shall propose to the State Board of Parole and Post-Prison Supervision and the board shall adopt rules establishing ranges of duration of imprisonment and variations from the ranges. In establishing the ranges and variations, factors provided in ORS 144.780 and 144.785 shall be considered. [1977 c.372 �1; 1983 c.740 �20; 1987 c.320 �81; 1991 c.126 �7]

����� 144.780 Rules on duration of imprisonment; objectives; considerations in prescribing rules. (1) The commission shall propose to the board and the board shall adopt rules establishing ranges of duration of imprisonment to be served for felony offenses prior to release on parole. The range for any offense shall be within the maximum sentence provided for that offense.

����� (2) The ranges shall be designed to achieve the following objectives:

����� (a) Punishment which is commensurate with the seriousness of the prisoner�s criminal conduct; and

����� (b) To the extent not inconsistent with paragraph (a) of this subsection:

����� (A) The deterrence of criminal conduct; and

����� (B) The protection of the public from further crimes by the defendant.

����� (3) The ranges, in achieving the purposes set forth in subsection (2) of this section, shall give primary weight to the seriousness of the prisoner�s present offense and criminal history. Existing correctional resources shall be considered in establishing the ranges. [1977 c.372 �2; 1985 c.163 �1]

����� 144.783 Duration of term of imprisonment when prisoner is sentenced to consecutive terms. (1) When a prisoner is sentenced to two or more consecutive terms of imprisonment, the duration of the term of imprisonment shall be the sum of the terms set by the State Board of Parole and Post-Prison Supervision pursuant to the ranges established for the offenses, subject to ORS 144.079, and subject to the variations established pursuant to ORS 144.785 (1).

����� (2) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security. [1987 c.634 �2; 1991 c.126 �9; 2015 c.820 �44]

����� 144.785 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 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]

����� 144.787 Rules on age or physical disability of victim constituting aggravating circumstance. The Advisory Commission on Prison Terms and Parole Standards and the State Board of Parole and Post-Prison Supervision shall provide, in rules adopted under ORS 144.785, that, in the case of a crime involving a physical or sexual assault, a victim�s particular vulnerability to injury in such case due to the victim�s youth, advanced age or physical disability, shall constitute an aggravating circumstance justifying a variation from the range of duration of imprisonment otherwise applicable in the case. [1985 c.767 �3]

����� 144.790 [1977 c.372 �10; 1979 c.648 �1; 1981 c.426 �4; 1983 c.723 �2; 1983 c.740 �21; 1985 c.503 �1; 1987 c.320 �82; 1989 c.790 �8a; 1991 c.270 �1; 1993 c.294 �6; 1993 c.692 �8; repealed by 1995 c.520 �3 (144.791 enacted in lieu of 144.790)]

PRESENTENCE REPORTS

����� 144.791 Presentence report in felony conviction cases; when required. (1) When a person is convicted of a felony, including a felony sexual offense, the sentencing court may order a presentence report upon its own motion or upon the request of the district attorney or the defendant.

����� (2) The sentencing court shall order a presentence report if the defendant is convicted of a felony sexual offense unless:

����� (a) The defendant, as part of the same prosecution, is convicted of aggravated murder;

����� (b) The felony sexual offense requires the imposition of a mandatory minimum prison sentence and no departure is sought by the court, district attorney or defendant; or

����� (c) The felony sexual offense requires imposition of a presumptive prison sentence and no departure is sought by the court, district attorney or defendant.

����� (3) The Department of Corrections shall:

����� (a) Require that a presentence report provide an analysis of what disposition is most likely to reduce the offender�s criminal conduct, explain why that disposition would have that effect and provide an assessment of the availability to the offender of any relevant programs or treatment in or out of custody, whether provided by the department or another entity;

����� (b) Determine what additional information must be included in the presentence report; and

����� (c) Establish a uniform presentence report form. [1995 c.520 �4 (enacted in lieu of 144.790); 2005 c.473 �1]

����� 144.795 [1981 c.136 �2; repealed by 1985 c.503 �4]

����� 144.800 [1985 c.503 �2; 1987 c.320 �83; 1989 c.790 �8b; repealed by 1995 c.520 �7]

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