Title 144 · ORS Chapter 144

144.791�� Presentence report in felony conviction cases; when required ADMINISTRATION (Board) �� 144.005 State Board of Parole and Post-Prison Supervision; membership; compensation. (

Citation: ORS 144.791

Section: 144.791

144.791�� Presentence report in felony conviction cases; when required

ADMINISTRATION

(Board)

�� 144.005 State Board of Parole and Post-Prison Supervision; membership; compensation. (1) A State Board of Parole and Post-Prison Supervision of at least three but no more than five members hereby is created. At least one member must be a woman.

�� (2)(a) Members of the board shall be appointed by the Governor and serve for a term of four years.

�� (b) If the number of members falls below three for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (c) The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.

�� (3) Each member shall devote the member�s entire time to the performance of the duties imposed on the board and shall not engage in any partisan political activity.

�� (4) The members shall receive a salary set by the Governor. In addition, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties within limits as provided by law or under ORS 292.220 and 292.230.

�� (5) The Director of the Department of Corrections shall serve as an ex officio nonvoting member of the board and shall not be considered a member for the purposes of subsections (1) to (4) of this section. [1969 c.597 �102; 1973 c.836 �281; 1975 c.217 �1; 1987 c.320 �47; 1989 c.790 �22; 1991 c.126 �1; 2015 c.820 �37]

�� 144.010 [Amended by 1953 c.223 �2; 1959 c.327 �1; 1967 c.526 �1; repealed by 1969 c.597 �281]

�� 144.015 Confirmation by Senate. Except as provided in ORS 144.005 (2)(b), the appointment of a member of the State Board of Parole and Post-Prison Supervision is subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. [1969 c.597 �107; 1973 c.836 �282; 1985 c.565 �15; 2015 c.820 �38]

�� 144.020 [Repealed by 1969 c.597 �281]

�� 144.025 Chairperson; quorum; participation of all members; rules. (1) The Governor shall select one of the members of the State Board of Parole and Post-Prison Supervision as chairperson and another member as vice chairperson, for such terms and with duties and powers, in addition to those established by law, necessary for the performance of the function of such office as the Governor determines.

�� (2) A majority of the members of the board constitutes a quorum for decisions concerning rules and policies.

�� (3) Except as otherwise provided in this chapter, decisions affecting individuals under the jurisdiction of the board shall be made as designated by the rules of the board.

�� (4) Except as otherwise provided by statute, all board hearings are presumed to be panel hearings.

�� (5) The chairperson of the board may require all voting members of the board to participate in any hearing or decision requiring at least three board members. The decision to require the participation of all board members is not appealable.

�� (6) The board shall adopt rules concerning the number of board members that participate in board hearings and decisions. [1969 c.597 �106; 1973 c.836 �283; 1975 c.217 �3; 1981 c.644 �3; 1989 c.589 �1; 1991 c.126 �2; 2015 c.820 �39]

�� 144.030 [Repealed by 1969 c.597 �281]

�� 144.035 Board hearings; panels; exception. (1) In hearings conducted by the State Board of Parole and Post-Prison Supervision, the board may sit together or in panels.

�� (2) Panels may consist of one or two board members or of one member and one hearings officer, appointed by the chairperson as a designated representative of the board. A panel consisting of one member or of one member and one hearings officer shall be used only when considering adults in custody convicted of non person-to-person crimes as defined in the rules of the Oregon Criminal Justice Commission. The chairperson of the board from time to time shall make assignments of members to the panels. The chairperson of the board may participate on any panel.

�� (3) The chairperson shall apportion matters for decision to the panels. Each panel shall have the authority to hear and determine all questions before it. However:

�� (a) If there is a division in the panel so that a decision is not unanimous, another member shall vote after administrative review of the record.

�� (b) In case of a panel consisting of one board member, another member shall vote after administrative review of the record.

�� (c) If the original panel was made up of one board member and the member voting after administrative review of the record disagrees with the decision, the matter shall be reassigned to a panel made up of the remaining board members. If this second panel agrees with neither member of the original panel, the matter will be referred to a hearing before the full board.

�� (4) The provisions of subsections (1) to (3) of this section shall not apply to a decision to release a prisoner sentenced under ORS 144.110 (1). In such cases, the board shall release the prisoner only upon 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.

�� (5) The chairperson may elect to conduct the hearings described in this section by conference call with the prisoner. [1975 c.217 �4; 1977 c.372 �15; 1989 c.105 �1; 1989 c.589 �2; 1991 c.126 �3; 2015 c.820 �40; 2019 c.213 �117]

�� 144.040 Board to determine parole and post-prison supervision violations. The State Board of Parole and Post-Prison Supervision shall determine whether violation of conditions of parole or post-prison supervision exists in specific cases. [Amended by 1955 c.688 �3; 1969 c.597 �108; 1973 c.836 �284; 1989 c.790 �24]

�� 144.045 [1967 c.560 �2; repealed by 1969 c.597 �281]

�� 144.050 Power of board to authorize parole; rules. Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any adult in custody, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go upon parole subject to being arrested and detained under written order of the board or as provided in ORS 144.350. The state board may establish rules applicable to parole. [Amended by 1959 c.101 �1; 1967 c.372 �7; 1969 c.597 �109; 1971 c.633 �10; 1973 c.694 �2; 1973 c.836 �285; 1974 c.36 �3; 1981 c.243 �1; 1987 c.320 �48; 1989 c.790 �25; 2019 c.213 �25]

�� 144.054 When board decision must be reviewed by at least three board members. Whenever the State Board of Parole and Post-Prison Supervision makes a decision affecting a person sentenced to life imprisonment or convicted of a crime involving the death of a victim, whether or not the prosecution directly charged the person with causing the death of the victim, the decision affecting such person must be reviewed by no fewer than three board members. [1975 c.217 �5; 2015 c.820 �41]

�� 144.055 [1955 c.660 �12; repealed by 1969 c.597 �281]

(Generally)

�� 144.059 State Board of Parole and Post-Prison Supervision Account. The State Board of Parole and Post-Prison Supervision Account is established separate and distinct from the General Fund. All moneys received by the State Board of Parole and Post-Prison Supervision, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. [2001 c.716 �2]

�� Note: 144.059 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.

�� 144.060 Acceptance of funds or property; contracts with federal government and others. The Department of Corrections, with the written consent of the Governor, shall:

�� (1) Accept from the United States of America, or any of its agencies, such funds, equipment and supplies as may be made available to this state to carry out any of the functions of the department and shall enter into such contracts and agreements with the United States, or any of its agencies, as may be necessary, proper and convenient, not contrary to the laws of this state.

�� (2) Enter into an agreement with the county court or board of county commissioners of any county, or with the governing officials of any municipality of this state having a population of 300,000 or less for the payment by the county or municipality of all or any part of the cost of the performance by the Department of Corrections or State Board of Parole and Post-Prison Supervision of any parole, post-prison supervision or probation services or of the supervision of any parole, post-prison supervision or probation case arising within the county or municipality.

�� (3) Accept any grant or donation of land or any gift of money or other valuable thing made to the state to carry out any of the functions of the department.

�� (4) Enter into an agreement with the county court or board of county commissioners of each county within the boundaries of which the largest part of a city having a population of more than 300,000 is situated for the payment by the county of all or any part of the cost of the performance by the department of all or any part of the responsibility for prisoners transferred to the county by section 13, chapter 633, Oregon Laws 1971. [Amended by 1969 c.597 �112; 1971 c.633 �11; 1973 c.836 �286; 1974 c.36 �4; 1987 c.320 �49; 1989 c.790 �26]

�� 144.070 [Repealed by 1969 c.597 �281]

�� 144.075 Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation. Any expense incurred by the state for returning to the Department of Corrections any parole or post-prison supervision violator or violator of a conditional commutation or conditional pardon shall be paid out of the biennial appropriations made for the payment of the state�s portion of the expenses incident to such transportation. [1953 c.191 �1; 1973 c.836 �287; 1987 c.320 �50; 1989 c.790 �27]

�� 144.079 Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions. (1)(a) If a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period before the prisoner�s first initial parole hearing, or if a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period between any two initial parole hearings, the total term resulting from the crimes committed during each such separate period shall be determined by the State Board of Parole and Post-Prison Supervision as follows, except as provided in subsection (2) of this section, and the total terms so determined shall then be summed as provided in ORS 144.783 (1):

�� (A) First, the board shall establish the appropriate range for the felony determined by the board, according to its rules, to be the most serious of the felonies committed during the period. If two or more felonies are determined to be equally the most serious, the board shall establish the appropriate range under this paragraph only for one of those felonies.

�� (B) Second, the board shall establish a range for each of the remaining felonies committed during the same period. For purposes of establishing the ranges for the remaining felonies under this paragraph, the board shall not consider prior criminal history.

�� (C) Third, the board shall determine the total range applicable in the offender�s case for crimes committed during the same period by summing the ranges established under subparagraph (B) of this paragraph with the range established under subparagraph (A) of this paragraph and shall determine an appropriate term within that range.

�� (D) Finally, the board shall vary the term determined under subparagraph (C) of this paragraph according to rules established under ORS 144.785 (1), if the board finds aggravating or mitigating factors in the case. The board shall consider as an aggravating factor the fact that the prisoner has been sentenced to consecutive terms of imprisonment.

�� (b) Whenever a prisoner is committed to the custody of the Department of Corrections for a crime that was committed during a period already considered at an initial parole hearing and upon a sentence consecutive to any sentence imposed for crimes committed during that period, the board shall conduct a hearing to consider the previously unconsidered crime. The hearing shall be a hearing supplemental to the original initial hearing concerning crimes committed during the period. Time limitations and other procedural provisions applicable to initial hearings shall apply to a supplemental hearing under this subsection. Upon conclusion of the supplemental hearing, the board shall redetermine the appropriate total term for the period. The redetermination shall be conducted de novo under the provisions of subsection (2) of this section.

�� (2) The method established by this section for determining, where applicable, the total term resulting from the summing of consecutive sentences shall apply only if none of the crimes involved is:

�� (a) Murder in any degree, as defined in ORS 163.107 or 163.115, or any aggravated form thereof;

�� (b) Assault in the first degree, as defined in ORS 163.185;

�� (c) Kidnapping in the first degree, as defined in ORS 163.235;

�� (d) Rape in the first degree, as defined in ORS 163.375;

�� (e) Sodomy in the first degree, as defined in ORS 163.405;

�� (f) Unlawful sexual penetration, as defined in ORS 163.411;

�� (g) Arson in the first degree, as defined in ORS 164.325; or

�� (h) Treason, as defined in ORS 166.005.

�� (3) 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.

�� (4) The board shall use the method set forth in subsections (1) to (3) of this section to determine the parole release date for any person serving a sentence in the custody of the Department of Corrections for crimes committed before or after July 11, 1987. [1987 c.634 ��4,7; 1989 c.641 �1; 1991 c.126 �4; 1991 c.386 �7; 2015 c.820 �42; 2019 c.635 �12]

�� Note: 144.079 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.

�� 144.080 [Amended by 1955 c.688 �4; repealed by 1969 c.597 �281]

�� 144.083 Early discharge from supervision; rules. (1) Notwithstanding ORS 137.765 and 144.103, the State Board of Parole and Post-Prison Supervision may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court if:

�� (a) The person is permanently incapacitated and has a condition that requires constant medical care;

�� (b) Parole or post-prison supervision prevents the person from accessing a care facility;

�� (c) The person provides substantiation and verification of the medical condition from a medical professional; and

�� (d) The board, in its discretion, determines that early discharge from supervision is compatible with the best interests of the person and the community.

�� (2) The board shall adopt rules establishing criteria for discharging persons from parole or post-prison supervision under this section.

�� (3) If a victim has requested notification of the status of a person on parole or post-prison supervision and has provided the board with contact information, the board shall make a reasonable effort to notify the victim prior to any final decision concerning discharge under this section. [2021 c.203 �2]

�� 144.085 Active parole and post-prison supervision; minimum amounts; extension. (1) All prisoners sentenced to prison for more than 12 months shall serve active periods of parole or post-prison supervision as follows:

�� (a) Six months of active parole or post-prison supervision for crimes in crime categories one to three;

�� (b) Twelve months of active parole or post-prison supervision for crimes in crime categories four to 10;

�� (c) Prisoners sentenced as dangerous offenders under ORS 161.725 and 161.735, for aggravated murder under ORS 163.105 or for murder in any degree under ORS 163.107 or