161.737; or ����� (e) That is subject to ORS 144.103. ����� (4) The board shall adopt rules under subsection (1) of this section that include, but need not be limited to, a sanction under ORS 144.10

161.737; or

����� (e) That is subject to ORS 144.103.

����� (4) The board shall adopt rules under subsection (1) of this section that include, but need not be limited to, a sanction under ORS 144.108 of imprisonment in a correctional facility for a period that may exceed 12 months. The rules adopted by the board may not allow the imposition of more than 24 months of imprisonment as a sanction without a subsequent hearing to determine whether additional imprisonment is appropriate. A subsequent hearing must follow the same procedures as those used in an initial hearing under ORS 144.108.

����� (5) The rules adopted under subsection (1) of this section must provide that the total time served in Department of Corrections institutions by an offender who is sanctioned under the rules, including the time served on the initial sentence and all periods of incarceration served as sanctions in Department of Corrections institutions, may not exceed the greater of:

����� (a) The length of incarceration plus the length of post-prison supervision imposed by the court unless the offender was sentenced under ORS 137.765;

����� (b) A maximum term of imprisonment imposed by the court; or

����� (c) If the offender was sentenced under ORS 137.765, the length of the maximum statutory indeterminate sentence for the crime of conviction.

����� (6) As used in this section, �Department of Corrections institutions� has the same meaning given that term in ORS 421.005. [1997 c.525 �2; 1999 c.163 �6; 2006 c.1 �6]

����� 144.108 Recommitment to prison for certain violations; procedure; effect of recommitment. (1) If the violation of post-prison supervision is new criminal activity or if the supervisory authority finds that the continuum of sanctions is insufficient punishment for a violation of the conditions of post-prison supervision, the supervisory authority may:

����� (a) Impose the most restrictive sanction available, including incarceration in jail;

����� (b) Request the State Board of Parole and Post-Prison Supervision to impose a sanction under subsection (2) of this section; or

����� (c) Request the board to impose a sanction under ORS 144.107.

����� (2) If so requested, the board or its designated representative shall hold a hearing to determine whether incarceration in a jail or state correctional facility is appropriate. Except as otherwise provided by rules of the board and the Department of Corrections concerning parole and post-prison supervision violators, the board may impose a sanction up to the maximum provided by rules of the Oregon Criminal Justice Commission. In conducting a hearing pursuant to this subsection, the board or its designated representative shall follow the procedures and the offender shall have all the rights described in ORS 144.343 and 144.347 relating to revocation of parole.

����� (3) A person who is ordered to serve a term of incarceration in a jail or state correctional facility as a sanction for a post-prison supervision violation is not eligible for:

����� (a) Earned credit time as described in ORS 169.110 or 421.121;

����� (b) Transitional leave as defined in ORS 421.168; or

����� (c) Temporary leave as described in ORS 169.115 or 421.165 (1987 Replacement Part).

����� (4) A person who is ordered to serve a term of incarceration in a state correctional facility as a sanction for a post-prison supervision violation shall receive credit for time served on the post-prison supervision violation prior to the board�s imposition of the term of incarceration. [1989 c.790 �36; 1995 c.423 �17; 1997 c.313 �13; 1997 c.525 �5; 2009 c.178 �29; 2010 c.89 �12]

����� Note: See note under 144.096.

����� 144.109 Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction. When a person has been sentenced as a sexually violent dangerous offender under ORS 137.765, the maximum period of local custody to which the State Board of Parole and Post-Prison Supervision or the local supervisory authority may sanction the offender for any violation of post-prison supervision is 180 days. Notwithstanding ORS 161.605, the sanction may be imposed repeatedly during the term of the post-prison supervision for subsequent post-prison supervision violations. However, the board or local supervisory authority may impose only a single sanction for all violations known to the board or local supervisory authority as of the date that the sanction is imposed. [1999 c.163 �2]

����� Note: 144.109 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.

PAROLE PROCESS

����� 144.110 Restriction on parole of persons sentenced to minimum terms. (1) In any felony case, the court may impose a minimum term of imprisonment of up to one-half of the sentence it imposes.

����� (2) Notwithstanding the provisions of ORS 144.120 and 144.780:

����� (a) The State Board of Parole and Post-Prison Supervision shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except 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.

����� (b) The board shall not release a prisoner on parole:

����� (A) Who has been convicted of murder defined as aggravated murder under the provisions of ORS