Title 144 · ORS Chapter 144

169.360. [1995 c.423 �27; 1996 c.4 �11] �� Note: 144.087 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 legisla

Citation: ORS 169.360

Section: 169.360

169.360. [1995 c.423 �27; 1996 c.4 �11]

�� Note: 144.087 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.

�� 144.089 Community service exchange programs. (1) As used in this section:

�� (a) �Community-based organization� means a not-for-profit organization or entity or a local or county government.

�� (b) �Community service� has the meaning given that term under ORS 137.126.

�� (c) �Delinquent fees or debts� means:

�� (A) Unpaid costs for conviction;

�� (B) Attorney fees;

�� (C) Costs related to criminal conviction that a person accumulated while incarcerated; or

�� (D) Fees of any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting as described in ORS 1.202.

�� (d) �Person� means an individual who has served a sentence in the legal and physical custody of the Department of Corrections and who is serving an active period of parole or post-prison supervision.

�� (e) �Supervisory authority� has the meaning given that term under ORS 144.087.

�� (2)(a) The county governing body of each county shall establish a community service exchange program for the county.

�� (b) The local supervisory authority may determine whether to participate in the community service exchange program.

�� (c) The local supervisory authority may determine whether a community-based organization qualifies for the community service exchange program.

�� (d) A person may not participate in the community service exchange program more than once.

�� (3) The community service exchange program may not result in a waiver of unpaid balances for:

�� (a) Restitution or compensatory fines imposed under ORS 137.101 to 137.109;

�� (b) Unpaid obligations imposed by a support order under ORS chapter 25;

�� (c) Fines for misdemeanors and felonies under ORS 137.286; or

�� (d) Fines for traffic offenses.

�� (4) In order to be eligible to participate in the community service exchange program, a person must:

�� (a) Enter into a written agreement with a community-based organization to perform community service in exchange for a waiver of delinquent fees or debts; and

�� (b) Obtain the approval of the terms of the written agreement of the local supervisory authority.

�� (5) A community-based organization shall supervise and record the community service that a person performs to fulfill the requirements established by the written agreement described under this section. The community-based organization shall notify the local supervisory authority as soon as a person has entered into the community service exchange program and when the person has successfully fulfilled or failed to meet the requirements of the program.

�� (6) Within 30 days of the local supervisory authority�s receiving notification that a person is participating in the community service exchange program, the local supervisory authority shall notify the court of the county in which the person was convicted. Notwithstanding ORS 137.143, upon notification from the local supervisory authority, the court shall suspend all collection activity of delinquent fees or debts.

�� (7)(a) When a person has successfully fulfilled the requirements of the community service exchange program, the community-based organization shall notify the local supervisory authority and the local supervisory authority shall send a notice of completion to the court of the county in which the person was convicted.

�� (b) Upon notification of completion from the local supervisory authority, the court shall update the record of monetary obligations imposed for the convictions to reflect a waiver of delinquent fees or debts.

�� (8) If a person fails to meet the requirements of the community service exchange program:

�� (a) The community-based organization shall notify the local supervisory authority and, if applicable, the local supervisory authority shall notify the community corrections agency or other local supervisory authority.

�� (b) Within 30 days of the local supervisory authority�s receiving notification from the community-based organization, the local supervisory authority shall notify the court of the county in which the person was convicted.

�� (c) Upon notification from the local supervisory authority, the court shall resume collection of delinquent fees or debts. [2017 c.522 �1; 2021 c.653 �5]

�� Note: 144.089 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.

�� 144.090 [Amended by 1969 c.502 �4; repealed by 1969 c.597 �281]

�� 144.095 [1967 c.526 �3; 1969 c.314 �7; repealed by 1969 c.597 �281]

POST-PRISON SUPERVISION

�� 144.096 Release plan; contents; rules. (1)(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release.

�� (b) If the proposed release plan is not approved by the board, the board shall return the plan to the department with its recommended modifications. The department shall submit a revised plan to the board prior to the release.

�� (c) If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.

�� (d) The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.

�� (e) If an adult in custody was sentenced under ORS 144.099 and the release plan recommends that the adult in custody participate in a reentry court, the board shall provide a copy of the release plan to the reentry court.

�� (2) The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the release from jail. The local supervisory authority shall approve the release plan under its rules. If the adult in custody was sentenced under ORS 144.099 and the supervisory authority recommends that the adult in custody participate in a reentry court, the supervisory authority shall provide a copy of the release plan to the reentry court.

�� (3) A release plan prepared under subsection (1) or (2) of this section must include:

�� (a) A description of support services and program opportunities available to the adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;

�� (b) The recommended conditions of post-prison supervision;

�� (c) The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;

�� (d) Any other conditions and requirements as may be necessary to promote public safety;

�� (e) For all adults in custody whose sentence to make restitution under ORS 137.106 has been suspended for the term of imprisonment, a restitution payment schedule; and

�� (f) Any conditions necessary to assist the reformation of the adult in custody. [1989 c.790 �32; 1997 c.525 �6; 2013 c.649 ��30,35; 2017 c.40 ��1,2; 2017 c.438 ��1,2; 2019 c.213 ��26,27; 2025 c.557 �44]

�� Note: Section 31, chapter 790, Oregon Laws 1989, provides:

�� Sec. 31. Sections 32 to 36 of this 1989 Act [144.096, 144.098, 144.102, 144.104, 144.106 and 144.108] apply only to defendants convicted of a felony committed on or after November 1, 1989. [1989 c.790 �31]

�� 144.098 Review of release plan. (1) When the State Board of Parole and Post-Prison Supervision or a local supervisory authority responsible for correctional services for an adult in custody reviews the release plan prior to approval of the plan as required by ORS 144.096, it may interview the adult in custody and may review the following information:

�� (a) Reports of any physical, psychiatric or psychological examinations of the adult in custody;

�� (b) The presentence investigation report specified by ORS 144.791 or, if no such report has been prepared, a report of similar content prepared by institutional staff;

�� (c) The record of the conduct of the adult in custody during confinement; and

�� (d) Any other information relevant to the reintegration of the adult in custody into the community that may be submitted by the adult in custody, the attorney of the adult in custody, the victim of the crime, the Department of Corrections, local corrections agencies or any other person.

�� (2) If the board reviews a release plan, the board must attempt to notify the victim before the review of the release plan by sending written notice to the victim if the victim requests to be notified and furnishes the board with a current address. The notice must inform the victim that the victim may submit information concerning the adult in custody and the crime to the board for the board�s consideration.

�� (3) The department or local corrections agency shall provide to the board or local supervisory authority reviewing the release plan any psychiatric or psychological reports held by the department or local corrections agency regarding the adult in custody. However, if the psychiatrist or psychologist who prepared the report or any treating psychiatrist or psychologist determines that disclosure to the adult in custody of the contents of the report would be detrimental to the mental or emotional health of the adult in custody, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the adult in custody. The department or local corrections agency may withhold from the board or supervisory authority reviewing the plan any report so indorsed. [1989 c.790 �32b; 1997 c.525 �7; 2019 c.213 �28]

�� Note: See note under 144.096.

�� 144.099 Reentry courts. (1) When a circuit court in a participating county sentences a person to a term of imprisonment, the court may order that the person participate in a reentry court, subject to admission under subsection (3) of this section, as a condition of post-prison supervision.

�� (2) At any time prior to the termination of post-prison supervision, the supervisory authority may provide a report to the reentry court recommending that a person sentenced under subsection (1) of this section be admitted into the reentry court.

�� (3) When a reentry court receives a report described in subsection (2) of this section, or an adult in custody release plan prepared under ORS 144.096, that recommends the admission of a person sentenced under subsection (1) of this section into a reentry court, the court may enter an order admitting the person into the reentry court.

�� (4) Notwithstanding ORS 137.124 and 423.478 and any other provision of law, when a court enters an order admitting a person into a reentry court, the court may:

�� (a) Issue a warrant and cause the person to be arrested for violating a condition of post-prison supervision.

�� (b) Appoint counsel to represent the person in accordance with ORS 135.050, if the person is financially eligible.

�� (c) Determine whether the conditions of post-prison supervision have been violated and impose sanctions for the violations.

�� (5)(a) When the court conducts a post-prison supervision violation hearing under this section, the person may admit or deny alleged violations of conditions of post-prison supervision. The person and the state may present evidence at the hearing.

�� (b) If the court determines by a preponderance of the evidence that a person admitted into a reentry court has violated the conditions of post-prison supervision, the court may impose sanctions for the violations that are consistent with the rules adopted under ORS 144.106 and 144.107, except that the court may not impose a sanction of imprisonment in a correctional facility that exceeds 12 months.

�� (6)(a) When a court issues a warrant under this section and causes a person admitted into a reentry court to be arrested and taken into custody for violating a condition of post-prison supervision, the person shall be brought before a magistrate during the first 36 hours in custody, excluding Saturdays, Sundays and holidays. The magistrate may order the person held pending a violation hearing or transferred to the county in which the reentry court is located, or may release the person upon the condition that the person appear in court at a later date for a post-prison violation hearing. If the person is held on an out-of-county warrant, the magistrate may order the person released subject to an additional order that the person report within seven calendar days to the reentry court.

�� (b) Except for good cause shown, if the person is held in custody and the violation hearing is not held within 14 calendar days following the person�s arrest, the person shall be released from custody.

�� (7) As used in this section, �participating county� means a county:

�� (a) That has applied for and received a grant under ORS 137.835 to administer a reentry court; and

�� (b) For which the presiding judge of the judicial district in which the county is located issues an order establishing a reentry court steering committee consisting of:

�� (A) A circuit court judge;

�� (B) A district attorney;

�� (C) A criminal defense attorney;

�� (D) A parole and probation officer;

�� (E) A representative of the business community;

�� (F) A representative of the education community; and

�� (G) Any other person the presiding judge determines is appropriate. [2013 c.649 �29; 2019 c.213 �118]

�� Note: 144.099 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.

�� 144.100 [Repealed by 1967 c.419 �68]

�� 144.101 Board�s jurisdiction over conditions of post-prison supervision; reentry court jurisdiction. (1) The State Board of Parole and Post-Prison Supervision has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person convicted of a felony if:

�� (a) The term of imprisonment imposed on the person is more than 12 months;

�� (b) The felony is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;

�� (c) The person is subject to a sentence under ORS 137.700 or 137.707;

�� (d) The person is sentenced as a dangerous offender under ORS 161.725 and 161.737;

�� (e) The person is subject to a term of post-prison supervision under ORS 144.103;

�� (f) The person is committed to the custody of the Department of Corrections under ORS 137.124;

�� (g) The responsibility for correctional services for the person has reverted to the department under ORS 423.483; or

�� (h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.

�� (2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.

�� (3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.

�� (4) If a circuit court in a participating county, as defined in ORS 144.099, enters an order admitting a person into a reentry court under ORS 144.099 (3), the reentry court has concurrent jurisdiction over the imposition of sanctions for violations of the conditions of post-prison supervision.

�� (5) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions. [1997 c.525 �3; 1999 c.59 �28; 2006 c.1 �5; 2013 c.649 ��28,34; 2025 c.557 �45]

�� 144.102 Conditions of post-prison supervision. (1) The State Board of Parole and Post-Prison Supervision or local supervisory authority responsible for correctional services for a person shall specify in writing the conditions of post-prison supervision imposed under ORS 144.096. A copy of the conditions must be given to the person upon release from prison or jail.

�� (2) The board or the supervisory authority shall determine, and may at any time modify, the conditions of post-prison supervision, which may include, among other conditions, that the person shall:

�� (a) Comply with the conditions of post-prison supervision as specified by the board or supervisory authority.

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

�� (c) Answer all reasonable inquiries of the board, the department or the supervisory authority.

�� (d) Report to the parole officer as directed by the board, the department or the supervisory authority.

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

�� (f) Respect and obey all municipal, county, state and federal laws, and in circumstances in which state and federal law conflict, obey state law.

�� (g) Understand that the board or supervisory authority may, at its discretion, punish violations of post-prison supervision.

�� (h) Attend a victim impact treatment session in a county that has a victim impact program.

�� (i) For crimes constituting delivery of a controlled substance, as those terms are defined in ORS 475.005, or for telephonic harassment under ORS 166.090, or for crimes involving domestic violence, as defined in ORS 135.230, be prohibited from using Internet websites that provide anonymous text message services.

�� (3) If the person is required to report as a sex offender under ORS 163A.010, the board or supervisory authority shall include as a condition of post-prison supervision 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 or supervisory authority may establish special conditions that the board or supervisory authority considers necessary because of the individual circumstances of the person on post-prison supervision.

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

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

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

�� (C) A prohibition against being present more than one time, without the prior written approval of the board, supervisory authority 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, supervisory authority 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, supervisory authority 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, supervisory authority 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 or supervisory authority if the representative has reasonable grounds to believe that evidence of a violation of a condition of post-prison supervision 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 post-prison supervision.

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

�� (L) A prohibition against using a post-office box unless approved by the board, supervisory authority 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, supervisory authority 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 the director of the supervisory authority, or a designee of the board or director. 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 post-prison supervision following conviction of a sex crime, as defined in ORS 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 or supervisory authority, if requested by the victim, shall include as a special condition of the person�s post-prison supervision 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 (7) of this section;

�� (ii) The person demonstrates to the board or supervisory authority 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 or supervisory authority 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 post-prison supervision; or

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

�� (B) A victim may request imposition of the special condition of post-prison supervision 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 or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to within three miles of the person�s residence, the board or supervisory authority may not require the person to change the person�s residence in order to comply with the special condition of post-prison supervision.

�� (d)(A) If a person is on post-prison supervision following conviction of stalking under ORS