and 161.735 as a dangerous offender for felonies committed on or after

161.725 and 161.735 as a dangerous offender for felonies committed on or after November 1, 1989, shall be considered for release to post-prison supervision. The offender is eligible for release to post-prison supervision after having served the required incarceration term established under ORS 161.737.

����� (2) The State Board of Parole and Post-Prison Supervision shall hold a release hearing no later than 10 days prior to the date on which the offender becomes eligible for release on post-prison supervision as provided in subsection (1) of this section.

����� (3) The dangerous offender�s eligibility for and release to post-prison supervision shall be determined in a manner consistent with the procedures and criteria required by ORS 144.228 for the parole determination process applicable to dangerous offenders sentenced for crimes committed prior to November 1, 1989.

����� (4) An offender released under this section shall serve the remainder of the sentence term imposed under ORS 161.725, 161.735 and 161.737 on post-prison supervision, however:

����� (a) Notwithstanding ORS 137.010 or the rules of the Oregon Criminal Justice Commission, the State Board of Parole and Post-Prison Supervision may sanction an offender to the supervision of the local authority for a maximum period of 180 days for any supervision violation. The sanction may be imposed repeatedly during the term of post-prison supervision for subsequent supervision violations.

����� (b) After release under this section, the board may at any time return the offender to prison and require the offender to submit to a psychiatric or psychological examination as provided for in ORS 144.226. If the board finds that the offender�s dangerousness has returned and cannot be adequately controlled with supervision and mental and physical health treatment, or that resources for supervision and treatment are not available to the offender, the board may defer the offender�s release from prison for an indefinite period of time. An offender returned to prison under this paragraph is entitled to periodic reviews for possible release to post-prison supervision as provided by subsection (3) of this section. [1989 c.790 �80; 1993 c.334 �4; 1995 c.423 �18; 2009 c.660 �5]

����� 144.240 [Repealed by 1973 c.694 �26]

����� 144.245 Date of release on parole; effect of release order. (1) When the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

����� (2) When the board has not set a date on which a prisoner is to be released upon parole, the prisoner shall be released upon a date six months prior to the expiration of the prisoner�s term as computed under ORS 421.120 and 421.122 unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

����� (3) In no case does a prisoner have a right to refuse an order granting the prisoner release upon parole. [1985 c.53 ��2,3]

����� Note: See note under 144.110.

����� 144.250 [Amended by 1973 c.836 �292; repealed by 1973 c.694 �26; see 144.183]

����� 144.260 Notice of prospective release on parole or post-prison supervision. (1) Prior to the release on parole or post-prison supervision of a convicted person from a Department of Corrections institution, the chairperson of the State Board of Parole and Post-Prison Supervision shall inform the Department of Corrections, the district attorney and the sheriff or arresting agency of the prospective date of release and of any special conditions thereof and shall inform the sentencing judge and the trial counsel upon request. If the person is a sex offender, as defined in ORS 163A.005, the chairperson shall also inform the chief of police, if the person is going to reside within a city, and the county sheriff of the county in which the person is going to reside of the person�s release and the conditions of the person�s release.

����� (2) At least 30 days prior to the release from actual physical custody of any convicted person, other than by parole or post-prison supervision, whether such release is pursuant to work release, institutional leave, or any other means, the Department of Corrections shall notify the district attorney of the impending release and shall notify the sentencing judge upon request.

����� (3) The victim may request notification of the release and if the victim has requested notification, the State Board of Parole and Post-Prison Supervision or the Department of Corrections, as the case may be, shall notify the victim in the same fashion and under the same circumstances it is required to give notification to other persons under this section. [Amended by 1969 c.597 �115; 1973 c.836 �293; 1983 c.635 �1; 1987 c.2 �15; 1987 c.320 �59; 1989 c.790 �29; 1993 c.492 �1; 2001 c.884 �6]

����� 144.270 Conditions of parole. (1) The State Board of Parole and Post-Prison Supervision, in releasing a person on parole, shall specify in writing the conditions of the parole. A copy of the conditions must be given to the person paroled.

����� (2) The board shall determine, and may at any time modify, the conditions of parole, which may include, among other conditions, that the person paroled must:

����� (a) Accept the parole granted subject to all terms and conditions specified by the board.

����� (b) Be under the supervision of the Department of Corrections and its representatives and abide by their direction and counsel.

����� (c) Answer all reasonable inquiries of the board or the parole officer.

����� (d) Report to the parole officer as directed by the board or parole officer.

����� (e) Not own, possess or be in control of a weapon.

����� (f) Respect and obey all municipal, county, state and federal laws.

����� (g) Understand that the board may, in its discretion, suspend or revoke parole if it determines that the parole is not in the best interest of the person paroled or of society.

����� (3) If the person paroled is required to report as a sex offender under ORS 163A.010, the board shall include as a condition of parole that the person report with the Department of State Police, a city police department, a county sheriff�s office or the supervising agency:

����� (a) When supervision begins;

����� (b) Within 10 days of a change in residence;

����� (c) Once each year within 10 days of the person�s date of birth;

����� (d) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

����� (e) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

����� (4)(a) The board may establish special conditions that it considers necessary because of the individual circumstances of the person paroled.

����� (b) If the person is on parole following conviction of a sex crime, as defined in ORS 163A.005, the board shall include all of the following as special conditions of the person�s parole:

����� (A) Agreement to comply with a curfew set by the board or the supervising officer.

����� (B) A prohibition against contacting a person under 18 years of age without the prior written approval of the board or supervising officer.

����� (C) A prohibition against being present more than one time, without the prior written approval of the board or supervising officer, at a place where persons under 18 years of age regularly congregate.

����� (D) In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.

����� (E) A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.

����� (F) Entry into and completion of or successful discharge from a sex offender treatment program approved by the board or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.

����� (G) A prohibition against direct or indirect contact with the victim, unless approved by the victim, the person�s treatment provider and the board or supervising officer.

����� (H) Unless otherwise indicated for the treatment required under subparagraph (F) of this paragraph, a prohibition against viewing, listening to, owning or possessing sexually stimulating visual or auditory materials that are relevant to the person�s deviant behavior.

����� (I) Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board if the representative has reasonable grounds to believe that evidence of a violation of a condition of parole will be found.

����� (J) Participation in random polygraph examinations to obtain information for risk management and treatment. The person is responsible for paying the expenses of the examinations. The results of a polygraph examination under this subparagraph may not be used in evidence in a hearing to prove a violation of parole.

����� (K) Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board or supervising officer.

����� (L) A prohibition against using a post-office box unless approved by the board or supervising officer.

����� (M) A prohibition against residing in a dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or a designee of the board. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph shall review the person�s living arrangement with the person�s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety.

����� (c)(A) If the person is on parole following conviction of a sex crime, as defined in ORS