419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and secti

419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 �32; 2019 c.635 �3c; 2019 c.685 �4]

����� Note: 144.397 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.

����� 144.400 [Amended by 1973 c.836 �301; repealed by 1973 c.694 �26]

����� 144.403 [Repealed by 1974 c.36 �28]

SEIZURE OF PROPERTY BY PAROLE AND PROBATION OFFICERS

����� 144.404 Department of Corrections authority to receive, hold and dispose of property. (1) The Department of Corrections is authorized to receive, hold and dispose of:

����� (a) Contraband and other things subject to seizure under ORS 133.535;

����� (b) Things possessed in violation of supervision conditions; or

����� (c) Unclaimed goods seized by a parole and probation officer.

����� (2) As used in this section and ORS 144.405 to 144.409, �supervision� means probation, parole, post-prison supervision or any other form of supervised or conditional release. [1991 c.286 �1; 2021 c.206 �1]

����� Note: 144.404 to 144.409 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 144 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 144.405 Duty of officer upon seizure; disposition of property if no claim to rightful possession is established. (1) Notwithstanding ORS 98.302 to 98.436 and ORS 133.623, upon seizing property in connection with a suspected violation of the conditions of supervision, a parole and probation officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy to the suspected supervision violator. The list shall contain a notice informing the person of the right to contest the seizure by filing a petition and shall contain such other information as the Department of Corrections, by rule, may require.

����� (2) If no claim of rightful possession has been established under ORS 144.405 to 144.409, the Department of Corrections may order the sale, destruction or other disposition of the things seized. The department may enter into agreements with other state and local officials responsible under applicable laws for selling, destroying or otherwise disposing of contraband or forfeited or unclaimed goods in official custody for ultimate disposition of the things seized. The clear proceeds, if any, generated by the disposition of things seized shall be deposited in the State Treasury to the credit of the General Fund.

����� (3) If things seized by a parole and probation officer in execution of duty are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession to the satisfaction of the Department of Corrections, the department may summarily return the things seized to their rightful possessor.

����� (4) If the things seized are contraband, the fruits of crime or things otherwise criminally possessed, the Department of Corrections may:

����� (a) Relinquish custody of the things seized to appropriate law enforcement officials for disposition; or

����� (b) Hold and safeguard the things seized until directed by appropriate law enforcement officials that the things in question are no longer needed for purposes of criminal prosecution. [1991 c.286 �2; 2021 c.206 �2]

����� Note: See note under 144.404.

����� 144.406 Petition for return of things seized; rules. (1) Within 30 days after actual notice of any seizure, or at such later date as the Department of Corrections in its discretion may allow:

����� (a) An individual from whose person, property or premises things have been seized may petition the department to return the things seized to the person, property or premises from which they were seized.

����� (b) Any other person asserting a claim to rightful possession of the things seized may petition the department to restore the things seized to the person.

����� (2) Petitions for return or restoration of things seized shall be served on the department in accordance with rules adopted by the department.

����� (3) Service of a petition for the return or restoration of things seized shall be made by certified or registered mail, return receipt requested. [1991 c.286 �3; 2021 c.206 �3]

����� Note: See note under 144.404.

����� 144.407 Grounds for valid claim to rightful possession. A petition for the return or restoration of things seized shall be based on the ground that the petitioner has a valid claim to rightful possession because:

����� (1) The things had been stolen or otherwise converted and the petitioner is the owner or rightful possessor;

����� (2) The things seized were not, in fact, subject to seizure in connection with the suspected supervision violation;

����� (3) Although the things seized were subject to seizure in connection with a suspected supervision violation, the petitioner is or will be entitled to their return or restoration upon a determination by the Department of Corrections, the State Board of Parole and Post-Prison Supervision or a court that they are no longer needed for evidentiary purposes, do not constitute a supervision violation or may be lawfully possessed by the petitioner; or

����� (4) The suspected supervision violator and the department have stipulated that the things seized may be returned to the petitioner. [1991 c.286 �4; 2021 c.206 �4]

����� Note: See note under 144.404.

����� 144.408 Hearing on petition. (1) If, upon consideration of a petition for return or restoration of things seized, it appears to the Department of Corrections that the things should be returned or restored, but there is substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the department may set a further hearing, assuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard. Upon completion of the hearing, the department shall enter an order for the return or restoration of the things seized.

����� (2) Instead of conducting the hearing provided for in subsection (1) of this section and returning or restoring the property, the department in its discretion, may leave the claimants to appropriate civil process for the determination of the claims. [1991 c.286 �5; 2021 c.206 �5]

����� Note: See note under 144.404.

����� 144.409 Granting petition for return of things seized; judicial review. (1) In granting a petition for return or restoration of things seized, the Department of Corrections shall postpone execution of the order until such time as the things in question are no longer needed for evidentiary purposes in establishing either a criminal or supervision violation.

����� (2) Judicial review of a department order for return or restoration of things seized shall be available as for review of orders in other than contested cases as provided in ORS chapter 183. [1991 c.286 �6; 2021 c.206 �6]

����� Note: See note under 144.404.

WORK RELEASE PROGRAM

����� 144.410 Definitions for ORS 144.410 to 144.525. As used in ORS 144.410 to 144.525, unless the context requires otherwise:

����� (1) �Director� means the Director of the Department of Corrections.

����� (2) �Department� means the Department of Corrections.

����� (3) �Department of Corrections institutions� has the meaning found in ORS 421.005. [1965 c.463 �1; 1969 c.597 �120; 1973 c.836 �302; 1987 c.320 �67]

����� 144.420 Department of Corrections to administer work release program; purposes of release; housing of parolee. (1) The Department of Corrections shall establish and administer a work release program in which a misdemeanant or felon may participate, and if confined, be authorized to leave assigned quarters for the purpose of:

����� (a) Participating in an adult in custody work program approved by the Director of the Department of Corrections, including work with public or private agencies or persons, with or without compensation.

����� (b) Obtaining in this state additional education, including but not limited to vocational, technical and general education.

����� (c) Participating in alcohol or drug treatment programs.

����� (d) Participating in mental health programs.

����� (e) Specific treatment to develop independent living skills.

����� (2) The Department of Corrections is responsible for the quartering and supervision of persons enrolled in the work release program. The Department of Corrections may house for rehabilitative purposes, in a work release facility, a parolee under the jurisdiction of the State Board of Parole and Post-Prison Supervision, with the written consent of the parolee and the approval of the board, in accordance with procedures established by the department and the board. [1965 c.463 �2; 1967 c.354 �1; 1969 c.597 �138; 1973 c.242 �1; 1973 c.836 �303; 1974 c.36 �8; 1987 c.320 �68; 1989 c.790 �69; 1991 c.161 �1; 1995 c.384 �3; 1997 c.851 �1; 2019 c.213 �33]

����� 144.430 Duties of department in administering program. (1) The Department of Corrections shall administer the work release program by means of such staff organization and personnel as the director considers necessary. In addition to other duties, the department shall:

����� (a) Locate employment for qualified applicants;

����� (b) Effect placement of persons under the work release program;

����� (c) Collect, account for and make disbursements from earnings, if any, of persons under the work release program;

����� (d) Generally promote public understanding and acceptance of the work release program; and

����� (e) Establish and maintain community centers.

����� (2) The Department of Corrections may enter into agreements with other public or private agencies or persons for providing services relating to work release programs.

����� (3) In carrying out the provisions of this section, the Department of Corrections may enter into agreements with the Department of Human Services to provide such services as determined by the Department of Corrections and as the Department of Human Services is authorized to provide under ORS 344.511 to 344.550. [1965 c.463 �3; 1967 c.289 �1; 1969 c.597 �121; 1973 c.836 �304; 1987 c.320 �69; 1995 c.384 �4; 2013 c.130 �3]

����� 144.440 Recommendation by sentencing court. When a person is sentenced to the custody of the Department of Corrections, the court may recommend to the department that the person so sentenced be granted the option of serving the sentence by enrollment in the work release program established under ORS 144.420. [1965 c.463 �4; 1973 c.836 �305; 1987 c.320 �70]

����� 144.450 Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act. (1) The Director of the Department of Corrections shall approve or reject each recommendation under ORS 144.440 or 421.170 for enrollment in the work release program. Rejection by the director of a recommendation does not preclude submission under ORS 421.170 of subsequent recommendations regarding enrollment of the same person.

����� (2) An adult in custody may be assigned by the Department of Corrections to participate in an adult in custody work program, or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, without the consent of the adult in custody.

����� (3) The director shall promulgate rules for carrying out ORS 144.410 to 144.525 and 421.170.

����� (4) In approving a recommendation and enrolling a person in the work release program, or in assigning an adult in custody to participate in an adult in custody work program or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, the director may prescribe any specific conditions that the director finds appropriate to assure compliance by the person with the general procedures and objectives of the work release program.

����� (5) ORS 183.410 to 183.500 do not apply to actions taken under this section. [1965 c.463 �7; 1973 c.621 �8a; 1973 c.836 �306; 1987 c.320 �70a; 1995 c.384 �5; 1997 c.851 �9; 2019 c.213 �34]

����� 144.460 Contracts for quartering of enrollees. The Department of Corrections may contract with the governing bodies of political subdivisions in this state, with the federal government and with any private agencies approved by the department for the quartering in suitable local facilities of persons enrolled in work release programs. [1965 c.463 �8; 1969 c.597 �122; 1969 c.678 �1; 1973 c.836 �307; 1977 c.717 �15; 1987 c.320 �71; 2007 c.71 �39; 2013 c.130 �2]

����� 144.470 Disposition of enrollee�s compensation under program; rules. (1) Each person enrolled in the work release program shall promptly surrender to the Department of Corrections all compensation the person receives, if any, other than amounts involuntarily withheld by the employer of the person.

����� (2) The Director of the Department of Corrections shall adopt rules providing for the disposition of any compensation earned by persons under this section. [1965 c.463 �9; 1973 c.836 �308; 1987 c.320 �72; 1995 c.384 �6; 1997 c.851 �2]

����� 144.480 Protections and benefits for enrollees. (1) Persons assigned to participate in an adult in custody work program established under ORS 144.420 may be enrolled in an apprenticeship or training program under ORS 660.002 to 660.210 and are entitled to the protection and benefits of ORS 660.002 to 660.210 to the same extent as other employees of their employer, except that the Director of the Department of Corrections shall establish by rule any compensation paid to such persons and the compensation is not subject to any provision establishing or requiring a minimum or prevailing wage unless required to comply with federal law.

����� (2) Persons assigned to participate in an adult in custody work program established under ORS 144.420 are entitled to the protection and benefits of ORS 655.505 to