163A.005, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the board, if requested by the victim, shall include as a special condition of the person�s par

163A.005, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the board, if requested by the victim, shall include as a special condition of the person�s parole that the person not reside within three miles of the victim unless:

����� (i) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (6) of this section;

����� (ii) The person demonstrates to the board by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

����� (iii) The person demonstrates to the board by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the parole; or

����� (iv) The person resides in a halfway house.

����� (B) A victim may request imposition of the special condition of parole described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim�s request may be included in the judgment document.

����� (C) If the board imposes the special condition of parole described in this paragraph and if at any time during the period of parole the victim moves to within three miles of the parolee�s residence, the board may not require the parolee to change the parolee�s residence in order to comply with the special condition of parole.

����� (5) It is not a cause for revocation of parole that the person paroled failed to apply for or accept employment at a workplace where there is a labor dispute in progress.

����� (6)(a) When the board grants a person parole from the custody of the Department of Corrections, the board shall order, as a condition of parole, that the person reside for the first six months in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.

����� (b) If the person paroled was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of parole that the person reside for the first six months in the county where the person resided at the time of the offense that resulted in the imprisonment.

����� (c) For purposes of paragraph (b) of this subsection:

����� (A) The board shall determine the county where the person resided at the time of the offense by examining records such as:

����� (i) An Oregon driver license, regardless of its validity;

����� (ii) Records maintained by the Department of Revenue;

����� (iii) Records maintained by the Department of State Police;

����� (iv) Records maintained by the Department of Human Services;

����� (v) Records maintained by the Department of Corrections; and

����� (vi) Records maintained by the Oregon Health Authority.

����� (B) If the person did not have an identifiable address at the time of the offense, or the address cannot be determined, the person is considered to have resided in the county where the offense occurred.

����� (C) If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.

����� (D) If the person is being rereleased after revocation of parole, the county of residence shall be determined according to the date of the arrest resulting in a conviction of the underlying offense.

����� (E) In determining the person�s county of residence, a conviction for an offense that the adult in custody committed while incarcerated in a state correctional institution may not be considered.

����� (d) Upon motion of the board, the supervisory authority, the person paroled, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:

����� (A) The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;

����� (B) The person is found to pose a significant danger to a victim of the person�s crime residing in the county of residence, or a victim or victim�s family residing in the county of residence is found to pose a significant danger to the person;

����� (C) The person has a spouse or biological or adoptive family residing in a county other than the county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the parole;

����� (D) As another condition of parole, the person is required to participate in a treatment program that is not available or located in the county of residence;

����� (E) The person requests to be paroled to another state; or

����� (F) The board finds other good cause for the waiver.

����� (7) As used in this section:

����� (a) �Attends,� �carries on a vocation,� �institution of higher education� and �works� have the meanings given those terms in ORS 163A.005.

����� (b)(A) �Dwelling� has the meaning given that term in ORS 469B.100.

����� (B) �Dwelling� does not mean a residential treatment facility or a halfway house.

����� (c) �Halfway house� means a residential facility that provides rehabilitative care and treatment for sex offenders.

����� (d) �Labor dispute� has the meaning given that term in ORS 662.010. [Amended by 1973 c.694 �7; 1973 c.836 �294; 1974 c.36 �5; 1987 c.320 �60; 1987 c.780 �4; 1989 c.1023 �1; 1991 c.278 �1; 1999 c.239 �3; 1999 c.626 �13; amendments by 1999 c.626 �36 repealed by 2001 c.884 �1; 2001 c.731 ��3,4; 2005 c.532 �2; 2005 c.567 �10; 2005 c.576 �3; 2005 c.642 �3a; 2007 c.71 �38; 2009 c.204 �7; 2009 c.595 �100; 2009 c.713 �13; 2011 c.258 �2; 2011 c.547 �31; 2019 c.213 �30]

����� Note: See note under 144.110.

����� 144.275 Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments. Whenever the State Board of Parole and Post-Prison Supervision orders the release on parole of an adult in custody who has been ordered to pay compensatory fines pursuant to ORS 137.101 or to make restitution pursuant to ORS 137.106, but with respect to whom payment of all or a portion of the fine or restitution was suspended until the release of the adult in custody from imprisonment, the board may establish a schedule by which payment of the compensatory fine or restitution shall be resumed. In fixing the schedule and supervising the performance of the paroled adult in custody thereunder, the board shall consider the factors specified in ORS 137.106 (5). The board shall provide to the sentencing court a copy of the schedule and any modifications thereof. [1977 c.271 �6; 1989 c.46 �1; 2003 c.670 �2; 2019 c.213 �31; 2022 c.57 �2]

����� Note: 144.275 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.

����� 144.280 Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989; rules. (1)(a) If the State Board of Parole and Post-Prison Supervision denies parole to a prisoner sentenced for a crime committed prior to November 1, 1989, the board may not grant the prisoner a subsequent hearing that is less than two years, or more than 10 years, from the date parole is denied, unless the two-year period would exceed the maximum sentence imposed by the court.

����� (b) The board may not grant the prisoner a hearing that is more than two years from the date parole is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted parole before the date of the subsequent hearing.

����� (c) The board shall determine the date of the subsequent hearing pursuant to rules adopted by the board. Rules adopted under this paragraph must be based on the foundation principles of criminal law described in section 15, Article I of the Oregon Constitution.

����� (2) If the board grants a prisoner a hearing that is more than two years from the date parole is denied, the prisoner may submit a request for an interim hearing not earlier than the date that is two years from the date parole is denied and at intervals of not less than two years thereafter. If the board finds, based upon a request for an interim hearing, that there is reasonable cause to believe that the prisoner may be granted parole, the board shall conduct a hearing as soon as is reasonably convenient.

����� (3) When the board grants a prisoner a hearing that is more than two years from the date parole is denied and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board�s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner parole for any period of time when the prisoner would be presumed to be eligible for parole. [2009 c.660 �2]

����� Note: 144.280 and 144.285 were enacted into law by the Legislative Assembly but were 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.

����� 144.285 Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder; rules. (1)(a) If the State Board of Parole and Post-Prison Supervision denies a petition for a change in the terms of confinement filed by a prisoner convicted of aggravated murder or murder, the board may not grant the prisoner a subsequent hearing that is less than two years, or more than 10 years, from the date the petition is denied.

����� (b) The board may not grant the prisoner a hearing that is more than two years from the date a petition is denied unless the board finds that it is not reasonable to expect that the prisoner would be granted a change in the terms of confinement before the date of the subsequent hearing.

����� (c) The board shall determine the date of the subsequent hearing in accordance with rules adopted by the board. Rules adopted under this paragraph must be based on the foundation principles of criminal law described in section 15, Article I of the Oregon Constitution.

����� (2) If the board grants the prisoner a hearing that is more than two years from the date a petition is denied, the prisoner may submit a request for an interim hearing not earlier than the date that is two years from the date the petition is denied and at intervals of not less than two years thereafter. If the board finds, based upon a request for an interim hearing, that there is reasonable cause to believe that the prisoner may be granted a change in the terms of confinement, the board shall conduct a hearing as soon as is reasonably convenient.

����� (3) When the board grants a prisoner a hearing that is more than two years from the date a petition is denied and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board�s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner a change in the terms of confinement for any period of time when the prisoner would be presumed to be eligible for a change in the terms of confinement. [2009 c.660 �1]

����� Note: See note under 144.280.

����� 144.305 [1987 c.2 �16; 1991 c.148 �1; repealed by 1993 c.680 �7]

����� 144.310 [Amended by 1963 c.625 �2; 1973 c.694 �18; 1973 c.836 �295; 1974 c.36 �6; 1981 c.425 �1; 1987 c.320 �61; repealed by 1993 c.680 �7]

TERMINATION OF PAROLE

����� 144.315 Evidence admissible before board; procedures. Evidence may be received in proceedings conducted by the State Board of Parole and Post-Prison Supervision even though inadmissible under rules of evidence applicable to court procedure and the board shall establish procedures to regulate and provide for the nature and extent of the proofs and evidence and method of taking and furnishing the same in order to afford the adult in custody a reasonable opportunity for a fair hearing. The procedures shall include the means of determining good cause not to allow confrontation of witnesses or disclosure of the identity of informants who would be subject to risk of harm if their identity is disclosed. [1973 c.694 �22; 2019 c.213 �32]

����� 144.317 Appointment of attorneys; payment. (1) The State Board of Parole and Post-Prison Supervision shall have the power to appoint attorneys, at board expense, to represent indigent parolees and offenders on post-prison supervision if the request and determination provided in ORS 144.343 (3)(f) have been made.

����� (2) Upon completion of the parole or post-prison supervision revocation hearing, the board shall determine whether the person for whom counsel was appointed pursuant to subsection (1) of this section is able to pay a portion of the attorney fees to be paid by the board. In determining whether the person is able to pay such portion, the board shall take into account the other financial obligations of the person, including any existing fines or orders to make restitution. If the board determines that the person is able to pay such portion, the board may order, as a condition of parole or post-prison supervision, that the person pay the portion to the appropriate officer of the state. [1973 c.694 �23; 1981 c.644 �6; 1987 c.803 �16; 1989 c.790 �40]

����� 144.320 [Repealed by 1961 c.412 �5]

����� 144.330 [Amended by 1973 c.836 �296; repealed by 1973 c.694 �8 (144.331 enacted in lieu of 144.330)]

����� 144.331 Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension. (1) The State Board of Parole and Post-Prison Supervision may suspend the parole or post-prison supervision of any person under its jurisdiction upon being informed and having reasonable grounds to believe that the person has violated the conditions of parole or post-prison supervision and may order the arrest and detention of such person. The written order of the board is sufficient warrant for any law enforcement officer to take into custody such person. A sheriff, municipal police officer, constable, parole and probation officer, prison official or other peace officer shall execute the order.

����� (2) The board or its designated representative may proceed to hearing as provided in ORS 144.343 without first suspending the parole or post-prison supervision or ordering the arrest and detention of any person under its jurisdiction upon being informed and having reasonable grounds to believe that the person under its jurisdiction has violated a condition of parole and that revocation of parole may be warranted or that the person under its jurisdiction has violated a condition of post-prison supervision and that incarceration for the violation may be warranted.

����� (3) During the pendency of any post-prison supervision violation proceedings, the period of post-prison supervision is stayed and the board has jurisdiction over the offender until the proceedings are resolved. [1973 c.694 �9 (enacted in lieu of