144.785. ����� (3) In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall consider the presentence investigation report specified in ORS

144.785.

����� (3) In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall consider the presentence investigation report specified in ORS 144.791 or, if no such report has been prepared, a report of similar content prepared by the Department of Corrections.

����� (4) Notwithstanding subsection (1) of this section, in the case of a prisoner whose offense included particularly violent or otherwise dangerous criminal conduct or whose offense was preceded by two or more convictions for a Class A or Class B felony or whose record includes a psychiatric or psychological diagnosis of severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may choose not to set a parole date.

����� (5) After the expiration of six months after the admission of the prisoner to any Department of Corrections institution, the board may defer setting the initial parole release date for the prisoner for a period not to exceed 90 additional days pending receipt of psychiatric or psychological reports, criminal records or other information essential to formulating the release decision.

����� (6) When the board has set the initial parole release date for a prisoner, it shall inform the sentencing court of the date. [1977 c.372 �5; 1981 c.426 �1; 1985 c.283 �2; 1987 c.2 �14; 1987 c.320 �51; 1987 c.881 �1; 1989 c.589 �3; 1991 c.126 �6; 1993 c.294 �5; 1999 c.782 �3; 2001 c.104 �48; 2010 c.89 �11]

����� Note: See note under 144.110.

����� 144.122 Advancing initial release date; requirements; exceptions; rules. (1) After the initial parole release date has been set under ORS 144.120 and after a minimum period of time established by the State Board of Parole and Post-Prison Supervision under subsection (2)(a) of this section, the prisoner may request that the parole release date be reset to an earlier date. The board may grant the request upon a determination by the board that continued incarceration is cruel and inhumane and that resetting the release date to an earlier date is not incompatible with the best interests of the prisoner and society and that the prisoner:

����� (a) Has demonstrated an extended course of conduct indicating outstanding reformation;

����� (b) Suffers from a severe medical condition including terminal illness; or

����� (c) Is elderly and is permanently incapacitated in such a manner that the prisoner is unable to move from place to place without the assistance of another person.

����� (2) The Advisory Commission on Prison Terms and Parole Standards may propose to the board and the board shall adopt rules:

����� (a) Establishing minimum periods of time to be served by prisoners before application may be made for a reset of release date under subsection (1) of this section;

����� (b) Detailing the criteria set forth under subsection (1) of this section for the resetting of a parole release date; and

����� (c) Establishing criteria for parole release plans for prisoners released under this section that, at a minimum, must ensure appropriate supervision and services for the person released.

����� (3) The provisions of subsection (1)(b) of this section apply to prisoners sentenced in accordance with ORS 161.610.

����� (4) The provisions of this section do not apply to prisoners sentenced to life imprisonment without the possibility of release or parole under ORS 138.052 or