USA Statutes : oregon
Title : TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY
Chapter : Chapter 144 Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presen
(1) A State Board of Parole and Post-Prison Supervision of
at least three but no more than five members hereby is created. At least
one member must be a woman.

(2) Members of the board shall be appointed by the Governor and
serve for a term of four years. If the number of members falls below
three for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term. The Governor at any time
may remove any member for inefficiency, neglect of duty or malfeasance in
office.

(3) Each member shall devote the member’s entire time to the
performance of the duties imposed on the board and shall not engage in
any partisan political activity.

(4) The members shall receive a salary set by the Governor. In
addition, all members may receive actual and necessary travel and other
expenses incurred in the performance of their official duties within
limits as provided by law or under ORS 292.220 and 292.230.

(5) The Director of the Department of Corrections shall serve as an
ex officio nonvoting member of the board. [1969 c.597 §102; 1973 c.836
§281; 1975 c.217 §1; 1987 c.320 §47; 1989 c.790 §22; 1991 c.126 §1] The appointment of a member of the
State Board of Parole and Post-Prison Supervision is subject to
confirmation by the Senate as provided in ORS 171.562 and 171.565. [1969
c.597 §107; 1973 c.836 §282; 1985 c.565 §15] (1) The Governor shall select one of
the members of the State Board of Parole and Post-Prison Supervision as
chairperson and another member as vice chairperson, for such terms and
with duties and powers, in addition to those established by law,
necessary for the performance of the function of such office as the
Governor determines.

(2) A majority of the members of the board constitutes a quorum for
decisions concerning rules and policies.

(3) Except as otherwise provided in this chapter, decisions
affecting individuals under the jurisdiction of the board shall be made
as designated by the rules of the board. [1969 c.597 §106; 1973 c.836
§283; 1975 c.217 §3; 1981 c.644 §3; 1989 c.589 §1; 1991 c.126 §2] (1) In hearings
conducted by the State Board of Parole and Post-Prison Supervision, the
board may sit together or in panels.

(2) Panels may consist of one or two board members or of one member
and one hearings officer, appointed by the chairperson as a designated
representative of the board. A panel consisting of one member or of one
member and one hearings officer shall be used only when considering
inmates convicted of non person-to-person crimes as defined in the rules
of the Oregon Criminal Justice Commission. The chairperson of the board
from time to time shall make assignments of members to the panels. The
chairperson of the board may participate on any panel.

(3) The chairperson shall apportion matters for decision to the
panels. Each panel shall have the authority to hear and determine all
questions before it. However:

(a) If there is a division in the panel so that a decision is not
unanimous, another member shall vote after administrative review of the
record.

(b) In case of a panel consisting of one board member, another
member shall vote after administrative review of the record.

(c) If the original panel was made up of one board member and the
member voting after administrative review of the record disagrees with
the decision, the matter shall be reassigned to a panel made up of the
remaining board members. If this second panel agrees with neither member
of the original panel, the matter will be referred to a hearing before
the full board.

(4) The provisions of subsections (1) to (3) of this section shall
not apply to a decision to release a prisoner sentenced under ORS 144.110
(1). In such cases, the board shall release the prisoner only upon
affirmative vote of a majority of the board.

(5) The chairperson may elect to conduct the hearings described in
this section by conference call with the prisoner. [1975 c.217 §4; 1977
c.372 §15; 1989 c.105 §1; 1989 c.589 §2; 1991 c.126 §3]The State Board of Parole and Post-Prison
Supervision shall determine whether violation of conditions of parole or
post-prison supervision exists in specific cases. [Amended by 1955 c.688
§3; 1969 c.597 §108; 1973 c.836 §284; 1989 c.790 §24] Subject to
applicable laws, the State Board of Parole and Post-Prison Supervision
may authorize any inmate, who is committed to the legal and physical
custody of the Department of Corrections for an offense committed prior
to November 1, 1989, to go upon parole subject to being arrested and
detained under written order of the board or as provided in ORS 144.350.
The state board may establish rules applicable to parole. [Amended by
1959 c.101 §1; 1967 c.372 §7; 1969 c.597 §109; 1971 c.633 §10; 1973 c.694
§2; 1973 c.836 §285; 1974 c.36 §3; 1981 c.243 §1; 1987 c.320 §48; 1989
c.790 §25]
Whenever the State Board of Parole and Post-Prison Supervision makes a
decision affecting a person sentenced to life imprisonment or convicted
of a crime involving the death of a victim, whether or not the
prosecution directly charged the person with causing the death of the
victim, the decision affecting such person must be reviewed by the full
membership of the board. [1975 c.217 §5](Generally)
The State Board of Parole and Post-Prison Supervision Account is
established separate and distinct from the General Fund. All moneys
received by the State Board of Parole and Post-Prison Supervision, other
than appropriations from the General Fund, shall be deposited into the
account and are continuously appropriated to the board to carry out the
duties, functions and powers of the board. [2001 c.716 §2]Note: 144.059 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.The Department of Corrections, with the
written consent of the Governor, shall:

(1) Accept from the United States of America, or any of its
agencies, such funds, equipment and supplies as may be made available to
this state to carry out any of the functions of the department and shall
enter into such contracts and agreements with the United States, or any
of its agencies, as may be necessary, proper and convenient, not contrary
to the laws of this state.

(2) Enter into an agreement with the county court or board of
county commissioners of any county, or with the governing officials of
any municipality of this state having a population of 300,000 or less for
the payment by the county or municipality of all or any part of the cost
of the performance by the Department of Corrections or State Board of
Parole and Post-Prison Supervision of any parole, post-prison supervision
or probation services or of the supervision of any parole, post-prison
supervision or probation case arising within the county or municipality.

(3) Accept any grant or donation of land or any gift of money or
other valuable thing made to the state to carry out any of the functions
of the department.

(4) Enter into an agreement with the county court or board of
county commissioners of each county within the boundaries of which the
largest part of a city having a population of more than 300,000 is
situated for the payment by the county of all or any part of the cost of
the performance by the department of all or any part of the
responsibility for prisoners transferred to the county by section 13,
chapter 633, Oregon Laws 1971. [Amended by 1969 c.597 §112; 1971 c.633
§11; 1973 c.836 §286; 1974 c.36 §4; 1987 c.320 §49; 1989 c.790 §26]Any expense
incurred by the state for returning to the Department of Corrections any
parole or post-prison supervision violator or violator of a conditional
commutation or conditional pardon shall be paid out of the biennial
appropriations made for the payment of the state’s portion of the
expenses incident to such transportation. [1953 c.191 §1; 1973 c.836
§287; 1987 c.320 §50; 1989 c.790 §27](1)(a) If a
prisoner is sentenced to terms of imprisonment that are consecutive to
one another and result from crimes committed during the period before the
prisoner’s first initial parole hearing, or if a prisoner is sentenced to
terms of imprisonment that are consecutive to one another and result from
crimes committed during the period between any two initial parole
hearings, the total term resulting from the crimes committed during each
such separate period shall be determined by the State Board of Parole and
Post-Prison Supervision as follows, except as provided in subsection (2)
of this section, and the total terms so determined shall then be summed
as provided in ORS 144.783 (1):

(A) First, the board shall establish the appropriate range for the
felony determined by the board, according to its rules, to be the most
serious of the felonies committed during the period. If two or more
felonies are determined to be equally the most serious, the board shall
establish the appropriate range under this paragraph only for one of
those felonies.

(B) Second, the board shall establish a range for each of the
remaining felonies committed during the same period. For purposes of
establishing the ranges for the remaining felonies under this paragraph,
the board shall not consider prior criminal history.

(C) Third, the board shall determine the total range applicable in
the offender’s case for crimes committed during the same period by
summing the ranges established under subparagraph (B) of this paragraph
with the range established under subparagraph (A) of this paragraph and
shall determine an appropriate term within that range.

(D) Finally, the board shall vary the term determined under
subparagraph (C) of this paragraph according to rules established under
ORS 144.785 (1), if the board finds aggravating or mitigating factors in
the case. The board shall consider as an aggravating factor the fact that
the prisoner has been sentenced to consecutive terms of imprisonment.

(b) Whenever a prisoner is committed to the custody of the
Department of Corrections for a crime that was committed during a period
already considered at an initial parole hearing and upon a sentence
consecutive to any sentence imposed for crimes committed during that
period, the board shall conduct a hearing to consider the previously
unconsidered crime. The hearing shall be a hearing supplemental to the
original initial hearing concerning crimes committed during the period.
Time limitations and other procedural provisions applicable to initial
hearings shall apply to a supplemental hearing under this subsection.
Upon conclusion of the supplemental hearing, the board shall redetermine
the appropriate total term for the period. The redetermination shall be
conducted de novo under the provisions of subsection (2) of this section.

(2) The method established by this section for determining, where
applicable, the total term resulting from the summing of consecutive
sentences shall apply only if none of the crimes involved is:

(a) Murder, as defined in ORS 163.115 or any aggravated form
thereof;

(b) Assault in the first degree, as defined in ORS 163.185;

(c) Kidnapping in the first degree, as defined in ORS 163.235;

(d) Rape in the first degree, as defined in ORS 163.375;

(e) Sodomy in the first degree, as defined in ORS 163.405;

(f) Unlawful sexual penetration, as defined in ORS 163.411;

(g) Arson in the first degree, as defined in ORS 164.325; or

(h) Treason, as defined in ORS 166.005.

(3) The duration of imprisonment pursuant to consecutive sentences
may be less than the sum of the terms under subsection (1) of this
section if the board finds, by affirmative vote of a majority of its
members that consecutive sentences are not appropriate penalties for the
criminal offenses involved and that the combined terms of imprisonment
are not necessary to protect community security.

(4) The State Board of Parole and Post-Prison Supervision shall use
the method set forth in subsections (1) to (3) of this section to
determine the parole release date for any person serving a sentence in
the custody of the Department of Corrections for crimes committed before
or after July 11, 1987. [1987 c.634 §§4,7; 1989 c.641 §1; 1991 c.126 §4;
1991 c.386 §7]Note: 144.079 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.(1) All prisoners sentenced to prison for more than 12 months
shall serve active periods of parole or post-prison supervision as
follows:

(a) Six months of active parole or post-prison supervision for
crimes in crime categories one to three;

(b) Twelve months of active parole or post-prison supervision for
crimes in crime categories four to 10;

(c) Prisoners sentenced as dangerous offenders under ORS 161.725
and 161.735, for aggravated murder under ORS 163.105 or for murder under
ORS 163.115 shall serve at least three years of active parole or
post-prison supervision;

(d) Prisoners sentenced for violating or attempting to violate ORS
163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427
shall serve a term of parole that extends for the entire term of the
offender’s sentence or a term of post-prison supervision as provided in
ORS 144.103 (1); and

(e) Prisoners sentenced for robbery in the first degree under ORS
164.415 or for arson in the first degree under ORS 164.325 shall serve
three years of active parole or post-prison supervision.

(2) Except as authorized in subsections (3) and (4) of this
section, when an offender has served the active period of parole or
post-prison supervision established under subsection (1)(a) or (b) of
this section, the supervisory authority shall place the offender on
inactive supervision status.

(3) No sooner than 30 days prior to the expiration of an offender’s
active parole or post-prison supervision period as provided in subsection
(1) of this section, the supervisory authority may send to the State
Board of Parole and Post-Prison Supervision a report requesting the board
to extend the active supervision period or to return the offender to
active supervision status, not to exceed the supervision term imposed by
the sentencing court under the rules of the Oregon Criminal Justice
Commission and applicable laws, if the offender has not substantially
fulfilled the supervision conditions or has failed to complete payment of
restitution. The report shall include:

(a) An evaluation of the offender’s compliance with supervision
conditions;

(b) The status of the offender’s court-ordered monetary
obligations, including fines and restitution, if any;

(c) The offender’s employment status;

(d) The offender’s address;

(e) Treatment program outcome;

(f) Any new criminal activity; and

(g) A recommendation that the board extend the supervision period
or return the offender to active supervision status.

(4) After reviewing the report submitted under subsection (3) of
this section, the board may extend the active supervision period or
return the offender to active supervision status, not to exceed the
supervision term imposed by the sentencing court under the rules of the
Oregon Criminal Justice Commission and applicable laws, if it finds the
offender has not substantially fulfilled the supervision conditions or
has failed to complete payment of restitution.

(5) During the pendency of any violation proceedings, the running
of the supervision period and the sentence is stayed, and the board has
jurisdiction over the offender until the proceedings are resolved.

(6) The board shall send written notification to the supervised
offender of the expiration of the sentence. [1993 c.680 §4; 1995 c.202
§1; 1995 c.423 §22; 1999 c.161 §2]Note: 144.085 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. (1) As used in ORS
137.124, 144.085 and 423.478, ORS chapter 144 and this section,
“supervisory authority” means the state or local corrections agency or
official designated in each county by that county’s board of county
commissioners or county court to operate corrections supervision
services, custodial facilities or both.

(2) Except as provided in ORS 137.124, 137.593 (2)(d) and 423.478,
all terms of imprisonment or incarceration of 12 months or less must be
served at the direction of the supervisory authority.

(3) Nothing in this section is intended to repeal ORS 169.320 to
169.360, or in any way affect the sheriff’s authority, duties and
liabilities set forth in ORS 169.320 to 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.POST-PRISON SUPERVISION (1)(a) The Department of
Corrections shall prepare a proposed release plan for an inmate prior to
the inmate’s release from prison.

(b) The department shall submit the proposed release plan to the
State Board of Parole and Post-Prison Supervision not less than 60 days
prior to the inmate’s release.

(c) 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
not less than 10 days prior to the inmate’s release.

(d) If the revised plan is not acceptable to the board, the board
shall determine the provisions of the final plan prior to the inmate’s
release.

(2) The local supervisory authority that is responsible for
correctional services for an inmate shall prepare a proposed release plan
for the inmate prior to the inmate’s release from jail. The local
supervisory authority shall approve the release plan under its rules.

(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 inmate;

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

(c) The level of supervision that shall be consistent with the
inmate’s risk assessment classification;

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

(e) For all inmates 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
inmate. [1989 c.790 §32; 1997 c.525 §6]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] (1) When the State Board of Parole
and Post-Prison Supervision or a local supervisory authority responsible
for correctional services for an inmate reviews an inmate’s release plan
prior to approval of the plan as required by ORS 144.096, it may
interview the inmate and may review the following information:

(a) Reports of any physical, psychiatric or psychological
examinations of the inmate;

(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 inmate’s conduct during confinement; and

(d) Any other information relevant to the inmate’s reintegration
into the community that may be submitted by the inmate, the inmate’s
attorney, 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 inmate 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 inmate. However, if the psychiatrist or
psychologist who prepared the report or any treating psychiatrist or
psychologist determines that disclosure to the inmate of the contents of
the report would be detrimental to the inmate’s mental or emotional
health, the psychiatrist or psychologist may indorse upon the report a
recommendation that it not be disclosed to the inmate. 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]Note: See note under 144.096.(1) The State Board
of Parole and Post-Prison Supervision has jurisdiction over imposition of
conditions of post-prison supervision and sanctioning 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 (1);

(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 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) Nothing in this section affects the jurisdiction of the board
over imposition of conditions of parole and sanctioning for violations of
those conditions. [1997 c.525 §3; 1999 c.59 §28] (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 shall 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.

(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. If the board or supervisory authority requires
attendance under this paragraph, the board or supervisory authority may
require the person, as an additional condition of post-prison
supervision, to pay a reasonable fee to the victim impact program to
offset the cost of the person’s participation. The board or supervisory
authority may not order a person to pay a fee in excess of $5 under this
paragraph.

(i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a chief of police, a county
sheriff 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.

(3)(a) The board or supervisory authority may establish special
conditions as the board or supervisory authority determines 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 181.594, 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 any 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 any contact with the victim, directly or
indirectly, 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 any 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 any 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. As used in this subparagraph:

(i) “Dwelling” has the meaning given that term in ORS 469.160.

(ii) “Dwelling” does not include a residential treatment facility
or a halfway house.

(iii) “Halfway house” means a publicly or privately operated profit
or nonprofit residential facility that provides rehabilitative care and
treatment for sex offenders.

(c)(A) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, 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 (6) 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. As used in this
sub-subparagraph, “halfway house” means a publicly or privately operated
profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.

(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.

(4)(a) The board or supervisory authority may require the person to
pay, as a condition of post-prison supervision, any compensatory fines,
restitution or attorney fees:

(A) As determined, imposed or required by the sentencing court; or

(B) When previously required as a condition of any type of
supervision that is later revoked.

(b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other than
the offense for which the restitution was ordered if the person:

(A) Was ordered to pay restitution as a result of another
conviction; and

(B) Has not fully paid the restitution by the time the person has
completed the period of post-prison supervision imposed for the offense
for which the restitution was ordered.

(5) A person’s failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not constitute
a violation of the conditions of post-prison supervision. As used in this
subsection, “labor dispute” has the meaning given that term in ORS
662.010.

(6)(a) When a person is released from imprisonment on post-prison
supervision, the board shall order, as a condition of post-prison
supervision, that the person reside for the first six months after
release in the county where the person resided at the time of the offense
that resulted in the imprisonment.

(b) Upon motion of the board, the person, a victim or a district
attorney, the board may waive the residency requirement 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 established county of residence;

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

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

(D) As another condition of post-prison supervision, the person is
required to participate in a treatment program that is not available in
the established county of residence;

(E) The person desires to be released to another state; or

(F) The board finds other good cause, of a nature similar to the
other conditions listed in this paragraph, for the waiver.

(c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person’s last
address at the time of the offense. In making its determination, the
board shall examine all of the following:

(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 Bureau
of Criminal Identification;

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

(v) Records maintained by the Department of Corrections.

(B) When the person did not have an identifiable address of record
at the time of the offense, 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 shall be determined according to the date of the last arrest
resulting in a conviction.

(D) In determining the person’s county of residence for purposes of
this subsection, the board may not consider offenses committed by the
person while the person was incarcerated in a Department of Corrections
facility.

(7) As used in this section, “attends,” “institution of higher
education,” “works” and “carries on a vocation” have the meanings given
Note: See note under 144.096.(1) Except as otherwise provided in ORS 137.765, any
person sentenced to a term of imprisonment for violating or attempting to
violate ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.425
or 163.427 shall serve a term of post-prison supervision that shall
continue until the term of the post-prison supervision, when added to the
term of imprisonment served, equals the maximum statutory indeterminate
sentence for the violation. Any costs incurred as a result of this
subsection shall be paid by increased post-prison supervision fees under
ORS 423.570.

(2) A person sentenced to a term of imprisonment for violating ORS
163.185 (1)(b) shall serve a term of post-prison supervision that shall
continue until the term of the post-prison supervision, when added to the
term of imprisonment served, equals the maximum statutory indeterminate
sentence for the violation. Any costs incurred as a result of this
subsection shall be paid by increased post-prison supervision fees under
ORS 423.570. [1991 c.831 §1; 1993 c.301 §4; 1999 c.161 §1; 1999 c.163 §5;
subsection (2) of 2005 Edition enacted as 2005 c.513 §2]Note: 144.103 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 144 by legislative action.
See Preface to Oregon Revised Statutes for further explanation. (1) Upon
release from prison, the person shall be supervised by the Department of
Corrections or other supervisory authority.

(2) During the period of post-prison supervision, the supervisory
authority may adjust the level of supervision and recommend to the State
Board of Parole and Post-Prison Supervision revisions to the conditions
of supervision appropriate to the released person’s conduct in the
community. [1989 c.790 §§33,34; 1995 c.423 §24]Note: See note under 144.096.
(1) Except as otherwise provided by rules of the Department of
Corrections and the State Board of Parole and Post-Prison Supervision
concerning parole and post-prison supervision violators, the supervisory
authority shall use a continuum of administrative sanctions for
violations of the conditions of post-prison supervision.

(2) The sanction continuum shall include adjustments to the level
of supervision and, as approved by the board or the local supervisory
authority that imposed the initial conditions of post-prison supervision:

(a) Modification of or additions to the conditions of supervision;
and

(b) Any other appropriate available local sanctions including, but
not limited to, jail, community service work, house arrest, electronic
surveillance, restitution centers, work release centers, day centers or
other local sanctions established by agreement with the supervisory
authority.

(3) An offender may not be confined in a restitution center, work
release center or jail for more than 15 days for a violation of
conditions of post-prison supervision unless:

(a) The Department of Corrections, county corrections agency or
supervisory authority imposes a local sanction under subsection (1) of
this section; or

(b) The board or its designated representative initiates a hearing
for the purpose of imposing a sanction under ORS 144.107 or 144.108.

(4) A hearing before the board is not required if the department, a
county corrections agency or the supervisory authority imposes a local
sanction under subsection (3) of this section. However, the board may
conduct a hearing under the procedures in ORS 144.343 and 144.347 and
impose a different sanction on the offender than that imposed by the
department, a county corrections agency or the supervisory authority.
[1989 c.790 §35; 1991 c.836 §1; 1997 c.525 §4]Note: See note under 144.096.(1) The State Board of Parole and Post-Prison
Supervision and the Department of Corrections, in consultation with local
supervisory authorities, shall jointly adopt rules under this section to
establish sanctions and procedures to impose sanctions for a violation of
the conditions of post-prison supervision for a person serving a term of
post-prison supervision subject to subsections (2) and (3) of this
section.

(2) The rules adopted under subsection (1) of this section apply
only to a person serving a term of post-prison supervision for a felony
committed on or after July 14, 1997.

(3) In addition to the limitation under subsection (2) of this
section, the rules adopted under subsection (1) of this section apply
only to a person serving a term of post-prison supervision:

(a) That follows the completion of a sentence to a term of
imprisonment that exceeds 12 months;

(b) That is imposed for a felony that is classified as crime
category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission;

(c) That is imposed as part of a sentence under ORS 137.700 or
137.707;

(d) That is imposed as part of a sentence as a dangerous offender
under ORS 161.725 and 161.737; or

(e) That is subject to ORS 144.103 (1).

(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](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.

(5)(a) The victim has the right:

(A) Upon request made within the time period prescribed in the
notice required by ORS 147.417, to be notified by the board of any
hearing before the board that may result in a revocation sanction for a
post-prison supervision violation;

(B) To appear personally at the hearing; and

(C) If present, to reasonably express any views relevant to the
issues before the board.

(b) Failure of the board to notify the victim under paragraph (a)
of this subsection or failure of the victim to appear at the hearing does
not affect the validity of the proceeding. [1989 c.790 §36; 1995 c.423
§17; 1997 c.313 §13; 1997 c.525 §5]Note: See note under 144.096.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(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 the members of the board.

(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 163.095, except as provided in ORS 163.105; or

(B) Who has been convicted of murder under the provisions of ORS
163.115, except as provided in ORS 163.115 (5)(c) to (e). [1977 c.372 §4;
1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47]Note: Section 28, chapter 790, Oregon Laws 1989, provides:

Sec. 28. The provisions of ORS 144.110, 144.120, 144.122, 144.125,
144.130, 144.135, 144.185, 144.223, 144.245 and 144.270 apply only to
offenders convicted of a crime committed prior to November 1, 1989, and
to offenders convicted of aggravated murder or murder regardless of the
date of the crime. [1989 c.790 §28; 1999 c.782 §2](1)(a) Within six
months of the admission of a prisoner to any Department of Corrections
institution, with the exception of those prisoners sentenced to a term of
imprisonment for life or for more than five years, the State Board of
Parole and Post-Prison Supervision shall conduct a parole hearing to
interview the prisoner and set the initial date of release on parole
pursuant to subsection (2) of this section. For those prisoners sentenced
to a term of imprisonment for more than five years but less than 15
years, the board shall conduct the parole hearing and set the initial
date of release within eight months following admission of the prisoner
to the institution. For those prisoners sentenced to a term of
imprisonment for life or for 15 years or more, with the exception of
those sentenced for aggravated murder or murder, the board shall conduct
the parole hearing, and shall set the initial release date, within one
year following admission of the prisoner to the institution. Release
shall be contingent upon satisfaction of the requirements of ORS 144.125.

(b) Those prisoners sentenced to a term of imprisonment for less
than 15 years for commission of an offense designated by rule by the
board as a non person-to-person offense may waive their rights to the
parole hearing. When a prisoner waives the parole hearing, the initial
date of release on parole may be set administratively by the board
pursuant to subsections (2) to (6) of this section. If the board is not
satisfied that the waiver was made knowingly or intelligently or if it
believes more information is necessary before making its decision, it may
order a hearing.

(2) In setting the initial parole release date for a prisoner
pursuant to subsection (1) of this section, the board shall apply the
appropriate range established pursuant to ORS 144.780. Variations from
the range shall be in accordance with ORS 144.785.

(3) In setting the initial parole release date for a prisoner
pursuant to subsection (1) of this section, the board shall consider the
presentence investigation report specified in ORS 144.791 or, if no such
report has been prepared, a report of similar content prepared by the
Department of Corrections.

(4) Notwithstanding subsection (1) of this section, in the case of
a prisoner whose offense included particularly violent or otherwise
dangerous criminal conduct or whose offense was preceded by two or more
convictions for a Class A or Class B felony or whose record includes a
psychiatric or psychological diagnosis of severe emotional disturbance
such as to constitute a danger to the health or safety of the community,
the board may choose not to set a parole date.

(5) After the expiration of six months after the admission of the
prisoner to any Department of Corrections institution, the board may
defer setting the initial parole release date for the prisoner for a
period not to exceed 90 additional days pending receipt of psychiatric or
psychological reports, criminal records or other information essential to
formulating the release decision.

(6) When the board has set the initial parole release date for a
prisoner, it shall inform the sentencing court of the date.

(7) The State Board of Parole and Post-Prison Supervision must
attempt to notify the victim, if the victim requests to be notified and
furnishes the board a current address, and the district attorney of the
committing county at least 30 days before all hearings by sending written
notice to the current addresses of both. The victim, personally or by
counsel, and the district attorney from the committing jurisdiction shall
have the right to appear at any hearing or, in their discretion, to
submit a written statement adequately and reasonably expressing any views
concerning the crime and the person responsible. The victim and the
district attorney shall be given access to the information that the board
or division will rely upon and shall be given adequate time to rebut the
information. Both the victim and the district attorney may present
information or evidence at any hearing, subject to such reasonable rules
as may be imposed by the officers conducting the hearing. For the purpose
of this subsection, “victim” includes the actual victim, a representative
selected by the victim, the victim’s next of kin or, in the case of abuse
of corpse in any degree, an appropriate member of the immediate family of
the decedent. [1977 c.372 §5; 1981 c.426 §1; 1985 c.283 §2; 1987 c.2 §14;
1987 c.320 §51; 1987 c.881 §1; 1989 c.589 §3; 1991 c.126 §6; 1993 c.294
§5; 1999 c.782 §3; 2001 c.104 §48]Note: See note under 144.110. (1)
After the initial parole release date has been set under ORS 144.120 and
after a minimum period of time established by the State Board of Parole
and Post-Prison Supervision under subsection (2)(a) of this section, the
prisoner may request that the parole release date be reset to an earlier
date. The board may grant the request upon a determination by the board
that continued incarceration is cruel and inhumane and that resetting the
release date to an earlier date is not incompatible with the best
interests of the prisoner and society and that the prisoner:

(a) Has demonstrated an extended course of conduct indicating
outstanding reformation;

(b) Suffers from a severe medical condition including terminal
illness; or

(c) Is elderly and is permanently incapacitated in such a manner
that the prisoner is unable to move from place to place without the
assistance of another person.

(2) The Advisory Commission on Prison Terms and Parole Standards
may propose to the board and the board shall adopt rules:

(a) Establishing minimum periods of time to be served by prisoners
before application may be made for a reset of release date under
subsection (1) of this section;

(b) Detailing the criteria set forth under subsection (1) of this
section for the resetting of a parole release date; and

(c) Establishing criteria for parole release plans for prisoners
released under this section that, at a minimum, must insure appropriate
supervision and services for the person released.

(3) The provisions of subsection (1)(b) of this section apply to
prisoners sentenced in accordance with ORS 161.610.

(4) The provisions of this section do not apply to prisoners
sentenced to life imprisonment without the possibility of release or
parole under ORS 138.012 or 163.150. [1983 c.489 §2; 1991 c.133 §1; 1993
c.198 §1; 1999 c.1055 §13; 2001 c.104 §49]Note: See note under 144.110. When
appearing before the State Board of Parole and Post-Prison Supervision an
inmate shall have the right to be accompanied by a person of the inmate’s
choice pursuant to rule promulgated jointly by the State Board of Parole
and Post-Prison Supervision and the Department of Corrections. [1981
c.644 §1; 1987 c.320 §52]Note: 144.123 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.(1) Prior to the scheduled
release of any prisoner on parole and prior to release rescheduled under
this section, the State Board of Parole and Post-Prison Supervision may
upon request of the Department of Corrections or on its own initiative
interview the prisoner to review the prisoner’s parole plan and
psychiatric or psychological report, if any, and the record of the
prisoner’s conduct during confinement. To accommodate such review by the
board, the Department of Corrections shall provide to the board any
psychiatric or psychological reports held by the department regarding the
prisoner. However, if the psychiatrist or psychologist who prepared any
report or any treating psychiatrist or psychologist determines that
disclosure to the prisoner of the contents of the report would be
detrimental to the prisoner’s mental or emotional health, the
psychiatrist or psychologist may indorse upon the report a recommendation
that it not be disclosed to the prisoner. The department may withhold
from the board any report so indorsed.

(2) The board shall postpone a prisoner’s scheduled release date if
it finds, after a hearing, that the prisoner engaged in serious
misconduct during confinement. The board shall adopt rules defining
serious misconduct and specifying periods of postponement for such
misconduct.

(3)(a) If the board finds the prisoner has a present severe
emotional disturbance such as to constitute a danger to the health or
safety of the community, the board may order the postponement of the
scheduled parole release until a specified future date.

(b) If the board finds the prisoner has a present severe emotional
disturbance such as to constitute a danger to the health or safety of the
community, but also finds that the prisoner can be adequately controlled
with supervision and mental health treatment and that the necessary
supervision and treatment are available, the board may order the prisoner
released on parole subject to conditions that are in the best interests
of community safety and the prisoner’s welfare.

(4) Each prisoner shall furnish the board with a parole plan prior
to the scheduled release of the prisoner on parole. The board shall adopt
rules specifying the elements of an adequate parole plan and may defer
release of the prisoner for not more than three months if it finds that
the parole plan is inadequate. The Department of Corrections shall assist
prisoners in preparing parole plans. [1977 c.372 §6; 1981 c.426 §2; 1987
c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999 c.141 §1]Note: See note under 144.110.(1) The State Board of Parole and Post-Prison
Supervision may advance the release date of a prisoner who was sentenced
in accordance with rules of the Oregon Criminal Justice Commission or ORS
161.610. The release date may be advanced if the board determines that
continued incarceration is cruel and inhumane and that advancing the
release date of the prisoner is not incompatible with the best interests
of the prisoner and society and that the prisoner is:

(a) Suffering from a severe medical condition including terminal
illness; or

(b) Elderly and permanently incapacitated in such a manner that the
prisoner is unable to move from place to place without the assistance of
another person.

(2) The board shall adopt rules establishing criteria for release
plans for prisoners released under this section that, at a minimum, must
insure appropriate supervision and services for the person released.

(3) The provisions of this section do not apply to prisoners
sentenced to life imprisonment without the possibility of release or
parole under ORS 138.012 or 163.150. [1989 c.790 §27a; 1991 c.133 §2;
1993 c.198 §2; 1999 c.1055 §14]Note: 144.126 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.(1) Notwithstanding the
provisions of ORS 179.495, prior to a parole hearing or other personal
interview, each prisoner shall have access to the written materials which
the board shall consider with respect to the release of the prisoner on
parole, with the exception of materials exempt from disclosure under ORS
192.502 (5).

(2) The board and the Director of the Department of Corrections
shall jointly adopt procedures for a prisoner’s access to written
materials pursuant to this section. [1977 c.372 §8; 1987 c.320 §54; 1997
c.825 §2]Note: See note under 144.110. The board shall
state in writing the detailed bases of its decisions under ORS 144.110 to
144.125. [1977 c.372 §9]Note: See note under 144.110. (1) The State Board of Parole and Post-Prison
Supervision may adopt rules to carry out its responsibilities under the
sentencing guidelines system.

(2) The board shall comply with the rulemaking provisions of ORS
chapter 183 in the adoption, amendment or repeal of rules pursuant to ORS
144.125, 144.130, 144.395 and 144.780 to 144.791 or this section. [1977
c.372 §17; 1989 c.790 §27b] Before making a
determination regarding a prisoner’s release on parole as provided by ORS
144.125, the State Board of Parole and Post-Prison Supervision may cause
to be brought before it current records and information regarding the
prisoner, including:

(1) Any relevant information which may be submitted by the
prisoner, the prisoner’s attorney, the victim of the crime, the
Department of Corrections, or by other persons;

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

(3) The reports of any physical, mental and psychiatric
examinations of the prisoner;

(4) The prisoner’s parole plan; and

(5) Other relevant information concerning the prisoner as may be
reasonably available. [1973 c.694 §6; 1981 c.426 §3; 1985 c.283 §3; 1987
c.320 §55]Note: See note under 144.110.(1) The State Board of
Parole and Post-Prison Supervision may require any prisoner being
considered for parole to be examined by a psychiatrist or psychologist
before being released on parole.

(2) Within 60 days after the examination, the examining
psychiatrist or psychologist shall file a written report of the findings
and conclusions of the psychiatrist or psychologist relative to the
examination with the chairperson of the State Board of Parole and
Post-Prison Supervision. A certified copy of the report shall be sent to
the convicted person, to the attorney of the convicted person and to the
executive officer of the Department of Corrections institution in which
the convicted person is confined. [1977 c.379 §2; 1987 c.320 §56]Note: See note under 144.110.(1) Any person sentenced under
ORS 161.725 and 161.735 as a dangerous offender shall within 120 days
prior to the parole consideration hearing under ORS 144.228 or the last
day of the required incarceration term established under ORS 161.737 and
at least every two years thereafter be given a complete mental and
psychiatric or psychological examination by a psychiatrist or
psychologist appointed by the State Board of Parole and Post-Prison
Supervision. Within 60 days after the examination, the examining
psychiatrist or psychologist shall file a written report of findings and
conclusions relative to the examination with the Director of the
Department of Corrections and chairperson of the State Board of Parole
and Post-Prison Supervision.

(2) The examining psychiatrist or psychologist shall include in the
report a statement as to whether or not in the psychiatrist’s or
psychologist’s opinion the convicted person has any mental or emotional
disturbance, deficiency, condition or disorder predisposing the person to
the commission of any crime to a degree rendering the examined person a
danger to the health or safety of others. The report shall also contain
any other information which the examining psychiatrist or psychologist
believes will aid the State Board of Parole and Post-Prison Supervision
in determining whether the examined person is eligible for release. The
report shall also state the progress or changes in the condition of the
examined person as well as any recommendations for treatment. A certified
copy of the report shall be sent to the convicted person, to the
convicted person’s attorney and to the executive officer of the
Department of Corrections institution in which the convicted person is
confined. [1955 c.636 §4; 1961 c.424 §5; 1969 c.597 §114; 1971 c.743
§338; 1973 c.836 §290; 1981 c.644 §4; 1987 c.320 §57; 1989 c.790 §78;
1991 c.318 §1; 1993 c.334 §2; 2005 c.481 §1](1)(a)
Within six months after commitment to the custody of the Department of
Corrections of any person sentenced under ORS 161.725 and 161.735 as a
dangerous offender, the State Board of Parole and Post-Prison Supervision
shall set a date for a parole consideration hearing instead of an initial
release date as otherwise required under ORS 144.120 and 144.125. The
parole consideration hearing date shall be the time the prisoner would
otherwise be eligible for parole under the board’s rules.

(b) At the parole consideration hearing, the prisoner shall be
given a release date in accordance with the rules of the board if the
board finds the prisoner no longer dangerous or finds that the prisoner
remains dangerous but can be adequately controlled with supervision and
mental health treatment and that the necessary resources for supervision
and treatment are available to the prisoner. If the board is unable to
make such findings, reviews will be conducted at least once every two
years until the board is able to make such findings, at which time
release on parole shall be ordered if the prisoner is otherwise eligible
under the rules. In no event shall the prisoner be held beyond the
maximum sentence less good time credits imposed by the court.

(c) Nothing in this section shall preclude a prisoner from
submitting a request for a parole consideration hearing prior to the
earliest time the prisoner is eligible for parole or a two-year review.
Should the board find, based upon the request, that there is a reasonable
cause to believe that the prisoner is no longer dangerous or that
necessary supervision and treatment are available based upon the
information provided in the request, it shall conduct a review as soon as
is reasonably convenient.

(2) For the parole consideration hearing, the board shall cause to
be brought before it and consider all information regarding such person.
The information shall include:

(a) The written report of the examining psychiatrist or
psychologist which shall contain all the facts necessary to assist the
State Board of Parole and Post-Prison Supervision in making its
determination. The report of the examining psychiatrist or psychologist
shall be made within two months of the date of its consideration; and

(b) A written report to be made by the executive officer of the
Department of Corrections institution in which the person has been
confined. The executive officer’s report shall contain:

(A) A detailed account of the person’s conduct while confined, all
infractions of rules and discipline, all punishment meted out to the
person and the circumstances connected therewith, as well as the extent
to which the person has responded to the efforts made in the institution
to improve the person’s mental and moral condition.

(B) A statement as to the person’s present attitude towards
society, towards the sentencing judge, towards the prosecuting district
attorney, towards the arresting police officer and towards the person’s
previous criminal career.

(C) The work and program record of the person while in or under the
supervision of the Department of Corrections. The program history shall
include a summary of any psychological or substance abuse treatment and
other activities that will assist the board in understanding the
psychological adjustment and social skills and habits of the person and
that will assist the board in determining the likelihood for successful
community reentry. [1955 c.636 §5; 1961 c.424 §6; 1971 c.743 §339; 1973
c.836 §291; 1981 c.644 §5; 1985 c.283 §4; 1987 c.320 §58; 1991 c.318 §2;
1993 c.334 §3](1) A person sentenced under ORS 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 once every
two years 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] (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.(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 181.594, 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] (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 and a copy of such conditions
shall 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
parolee shall:

(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 any 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 parolee, or in the best interest of society.

(3)(a) The board may establish such special conditions as it
determines are necessary because of the individual circumstances of the
parolee.

(b) If the person is on parole following conviction of a sex crime,
as defined in ORS 181.594, the board shall include all of the following
as special conditions of the person’s parole:

(A) Agreement to comply with any 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 any contact with the victim, directly or
indirectly, 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 any 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 any 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. As used in this subparagraph:

(i) “Dwelling” has the meaning given that term in ORS 469.160.

(ii) “Dwelling” does not include a residential treatment facility
or a halfway house.

(iii) “Halfway house” means a publicly or privately operated profit
or nonprofit residential facility that provides rehabilitative care and
treatment for sex offenders.

(c)(A) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, 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 (5) 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. As used in this
sub-subparagraph, “halfway house” means a publicly or privately operated
profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.

(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.

(4) It is not a cause for revocation of parole that the parolee
failed to apply for or accept employment at any workplace where there is
a labor dispute in progress. As used in this subsection, “labor dispute”
has the meaning for that term provided in ORS 662.010.

(5)(a) When the board grants an inmate parole from the custody of
the Department of Corrections, the board shall order, as a condition of
parole, that the inmate reside for the first six months in the county
where the inmate resided at the time of the offense that resulted in the
imprisonment.

(b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only after making
a finding that one of the following conditions has been met:

(A) The inmate provides proof of a job with no set ending date in a
county other than the established county of residence;

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

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

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

(E) The inmate desires to be paroled to another state; or

(F) The board finds other good cause, of a nature similar to the
other conditions listed in this paragraph, for the waiver.

(c)(A) For purposes of this subsection, “residency” means the last
address at the time of the offense, as established by an examination of
all of the following:

(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, Bureau
of Criminal Identification;

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

(v) Records maintained by the Department of Corrections.

(B) When an inmate did not have one identifiable address of record
at the time of the offense, the inmate shall be considered to have
resided in the county where the offense occurred.

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

(D) If the inmate 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 inmate’s county of residence, a conviction
for an offense that the inmate committed while incarcerated in a state
corrections institution may not be considered.

(6) When the board grants an inmate parole from the custody of the
Department of Corrections and if the inmate is required to report as a
sex offender under ORS 181.595, the board, as a condition of parole,
shall order the inmate to report with the Department of State Police, a
chief of police, a county sheriff 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 inmate’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.

(7) As used in this section, “attends,” “institution of higher
education,” “works” and “carries on a vocation” have the meanings given
Note: See note under 144.110.Whenever the State Board of Parole and Post-Prison
Supervision orders the release on parole of an inmate 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 inmate 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 paroled inmate’s
performance thereunder, the board shall consider the factors specified in
ORS 137.106 (4). 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]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.TERMINATION OF PAROLE 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
inmate 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] (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](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 144.330); 1977 c.375 §1;
1991 c.108 §1; 2005 c.264 §13](1) In addition to the authority
granted under ORS 144.331 and 144.370, the State Board of Parole and
Post-Prison Supervision may authorize the use of citations to direct
alleged parole or post-prison supervision violators to appear before the
board or its designated representative. The following apply to the use of
citations under this section:

(a) The board may authorize issuance of citations only by officers
who are permitted under ORS 144.350 to arrest and detain.

(b) Nothing in this subsection limits the authority, under ORS
144.350, of a supervising officer or other officer to arrest an alleged
parole or post-prison supervision violator.

(2) The board may impose any conditions upon an authorization under
this section that the board considers appropriate. The conditions may
include, but are not limited to, requirements that citation authority be
sought on a case-by-case basis, citation authority be granted in all
cases that meet certain conditions, citation authority be allowed for
certain types of cases or designation of certain cases be made where
citations shall not be used.

(3) The cited offender shall appear before the board or its
designated representative at the time, date and place specified in the
citation. If the offender fails to appear as required, the board may
issue a suspend and detain order upon its own motion or upon request of
the supervising officer. [1991 c.836 §4]Note: 144.334 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.(1) A person over whom the State
Board of Parole and Post-Prison Supervision exercises its jurisdiction
may seek judicial review of a final order of the board as provided in
this section if:

(a) The person is adversely affected or aggrieved by a final order
of the board; and

(b) The person has exhausted administrative review as provided by
board rule.

(2) A person requesting administrative review shall provide the
person’s current mailing address in the request. The board shall mail its
order disposing of the request for administrative review to the person at
that address, unless the person has otherwise notified the board in
writing of a change of address.

(3) The order of the board need not be in any special form, and the
order is sufficient for purposes of judicial review if it appears that
the board acted within the scope of the board’s authority. The Court of
Appeals may affirm, reverse or remand the order on the same basis as
provided in ORS 183.482 (8). The filing of the petition shall not stay
the board’s order, but the board may do so, or the court may order a stay
upon application on such terms as it deems proper.

(4) If a person described in subsection (1) of this section seeks
judicial review of a final order of the board, the person shall file a
petition for judicial review with the Court of Appeals within 60 days
after the date the board mails the order disposing of the person’s
request for administrative review. The person shall serve a copy of the
petition for judicial review on the board.

(5) Within 30 days after being served with a copy of the petition
for judicial review, or such further time as the court may allow, the
board shall:

(a) Submit to the court the record of the proceeding or, if the
petitioner agrees, a shortened record; and

(b) Deliver a copy of the record to the petitioner or the
petitioner’s attorney, if the petitioner is represented by an attorney.

(6) Within 60 days after being served with a copy of the record, or
such further time as the court may allow, the petitioner shall file a
motion for leave to proceed with judicial review based on a showing in
the motion that a substantial question of law is presented for review.

(7) Notwithstanding ORS 2.570, the Chief Judge, or other judge of
the Court of Appeals designated by the Chief Judge, may, on behalf of the
Court of Appeals, determine whether a motion for leave to proceed with
judicial review under subsection (6) of this section presents a
substantial question of law and may dismiss the judicial review if the
motion does not present a substantial question of law. A dismissal under
this subsection constitutes a decision on the merits of the petitioner’s
issues on judicial review.

(8) If the Chief Judge, or other judge of the Court of Appeals
designated by the Chief Judge, determines under subsection (7) of this
section that the motion presents a substantial question of law, the court
shall order the judicial review to proceed.

(9) At any time after submission of the petitioner’s brief, the
court, on its own motion or on motion of the board, without submission of
the board’s brief and without oral argument, may summarily affirm the
board’s order if the court determines that the judicial review does not
present a substantial question of law. Notwithstanding ORS 2.570, the
Chief Judge, or other judge of the Court of Appeals designated by the
Chief Judge, may, on behalf of the Court of Appeals, deny or, if the
petitioner does not oppose the motion, grant the board’s motion for
summary affirmance. A summary affirmance under this subsection
constitutes a decision on the merits of the petitioner’s issues on
judicial review.

(10) During the pendency of judicial review of an order, if the
board withdraws the order for the purpose of reconsideration and
thereafter issues an order on reconsideration, and the petitioner wishes
to proceed with the judicial review, the petitioner need not seek
administrative review of the order on reconsideration and need not file a
new petition for judicial review. The petitioner shall file, within a
time established by the court, a notice of intent to proceed with
judicial review.

(11) In the case of disputed allegations of irregularities in
procedure before the board not shown in the record that, if proved, would
warrant reversal or remand, the Court of Appeals may refer the
allegations to a master appointed by the court to take evidence and make
findings of fact upon them.

(12) If the court determines that the motion filed under subsection
(6) of this section, when liberally construed, fails to state a colorable
claim for review of the board’s order, the court may order the petitioner
to pay, in addition to the board’s recoverable costs, attorney fees
incurred by the board not to exceed $100. If the petitioner moves to
dismiss the petition before expiration of the time provided in subsection
(6) of this section, the court may not award costs or attorney fees to
the board.

(13) Upon request by the board, the Department of Corrections may
draw from or charge to the petitioner’s trust account and pay to the
board the amount of any costs or attorney fees awarded to the board by
the court in any judicial review under this section. [1973 c.694 §24;
1983 c.740 §18; 1989 c.790 §41; 1993 c.402 §1; 1995 c.108 §3; 1999 c.141
§3; 1999 c.618 §1; 2001 c.661 §1; 2003 c.352 §1](1) Pursuant to ORS 151.216 and 151.219, the Public
Defense Services Commission shall provide for the representation of
financially eligible persons petitioning for review under ORS 144.335.

(2) If the commission determines that a person petitioning for
review under ORS 144.335 is not financially eligible for appointed
counsel at state expense, the commission shall promptly notify the person
of the determination and of the person’s right to request review of the
determination by the Court of Appeals. The person may request review of
the commission’s determination by filing a motion in the Court of Appeals
no later than 60 days after the date of the commission’s notice.

(3) The determination of the Court of Appeals under subsection (2)
of this section as to whether the person is financially eligible is
final. [1973 c.694 §25; 2001 c.962 §31; 2003 c.420 §1](1) The Department of Corrections, in accordance
with the rules and regulations or directions of the State Board of Parole
and Post-Prison Supervision or the Governor, as the case may be, may
cause to have retaken and returned persons to the institution, or to the
supervision of the local supervisory authority, whether in or out of the
state, whenever they have violated the conditions of their parole or
post-prison supervision.

(2)(a) Persons retaken and returned to this state from outside the
state upon order or warrant of the Department of Corrections, the State
Board of Parole and Post-Prison Supervision or the Governor, for
violation of conditions of parole or post-prison supervision, shall be
detained in a Department of Corrections facility or a local correctional
facility pending any hearing concerning the alleged violation and
ultimate disposition by the State Board of Parole and Post-Prison
Supervision.

(b) Persons retaken and returned to this state from outside the
state upon order or warrant of a local supervisory authority for
violation of conditions of post-prison supervision may be detained in a
local correctional facility pending a hearing concerning the alleged
violation and ultimate disposition by the local supervisory authority.

(3) Persons retaken and returned to this state from outside the
state under this section are liable for the costs and expenses of
retaking and returning the person upon:

(a) A finding by the State Board of Parole and Post-Prison
Supervision of present or future ability to pay; and

(b) Order of the State Board of Parole and Post-Prison Supervision.
[Amended by 1969 c.597 §116; 1973 c.836 §297; 1987 c.320 §62; 1989 c.790
§42; 1991 c.228 §1; 1995 c.423 §19; 1999 c.120 §1] (1) Except as otherwise
provided in subsection (2) of this section, when the State Board of
Parole and Post-Prison Supervision or the Department of Corrections
orders the arrest and detention of an offender under ORS 144.331 or
144.350, the offender arrested shall be held in a county jail for no more
than 15 days.

(2) An offender may be held longer than 15 days:

(a) If the offender is being held for a combination of probation
and parole violation;

(b) If the offender is being held pending prosecution on new
criminal charges; or

(c) Pursuant to an agreement with a local jail authority. [1993
c.680 §32]Note: 144.341 was added to and made a part of ORS chapter 144 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) When the State Board of Parole and Post-Prison
Supervision or its designated representative has been informed and has
reasonable grounds to believe that a person under its jurisdiction has
violated a condition of parole and that revocation of parole may be
warranted, the board or its designated representative shall conduct a
hearing as promptly as convenient to determine whether there is probable
cause to believe a violation of one or more of the conditions of parole
has occurred and also conduct a parole violation hearing if necessary.
Evidence received and the order of the court at a preliminary hearing
under ORS 135.070 to 135.225 may be used by the board to determine the
existence of probable cause. A waiver by the defendant of any preliminary
hearing shall also constitute a waiver of probable cause hearing by the
board. The location of the hearing shall be reasonably near the place of
the alleged violation or the place of confinement.

(2) The board may:

(a) Reinstate or continue the alleged violator on parole subject to
the same or modified conditions of parole;

(b) Revoke parole and require that the parole violator serve the
remaining balance of the sentence as provided by law;

(c) Impose sanctions as provided in ORS 144.106; or

(d) Delegate the authority, in whole or in part, granted by this
subsection to its designated representative as provided by rule.

(3) Within a reasonable time prior to the hearing, the board or its
designated representative shall provide the parolee with written notice
which shall contain the following information:

(a) A concise written statement of the suspected violations and the
evidence which forms the basis of the alleged violations.

(b) The parolee’s right to a hearing and the time, place and
purpose of the hearing.

(c) The names of persons who have given adverse information upon
which the alleged violations are based and the right of the parolee to
have such persons present at the hearing for the purposes of
confrontation and cross-examination unless it has been determined that
there is good cause for not allowing confrontation.

(d) The parolee’s right to present letters, documents, affidavits
or persons with relevant information at the hearing unless it has been
determined that informants would be subject to risk of harm if their
identity were disclosed.

(e) The parolee’s right to subpoena witnesses under ORS 144.347.

(f) The parolee’s right to be represented by counsel and, if
indigent, to have counsel appointed at board expense if the board or its
designated representative determines, after request, that the request is
based on a timely and colorable claim that:

(A) The parolee has not committed the alleged violation of the
conditions upon which the parolee is at liberty;

(B) Even if the violation is a matter of public record or is
uncontested, there are substantial reasons which justify or mitigate the
violation and make revocation inappropriate and that the reasons are
complex or otherwise difficult to develop or present; or

(C) The parolee, in doubtful cases, appears to be incapable of
speaking effectively on the parolee’s own behalf.

(g) That the hearing is being held to determine:

(A) Whether there is probable cause to believe a violation of one
or more of the conditions of parole has occurred; and

(B) If there is probable cause to believe a violation of one or
more of the conditions of parole has occurred:

(i) Whether to reinstate parole;

(ii) Whether to continue the alleged violator on parole subject to
the same or modified conditions of parole; or

(iii) Whether to revoke parole and require that the parole violator
serve a term of imprisonment consistent with ORS 144.346.

(4) At the hearing the parolee shall have the right:

(a) To present evidence on the parolee’s behalf, which shall
include the right to present letters, documents, affidavits or persons
with relevant information regarding the alleged violations;

(b) To confront witnesses against the parolee unless it has been
determined that there is good cause not to allow confrontation;

(c) To examine information or documents which form the basis of the
alleged violation unless it has been determined that informants would be
subject to risk of harm if their identity is disclosed; and

(d) To be represented by counsel and, if indigent, to have counsel
provided at board expense if the request and determination provided in
subsection (3)(f) of this section have been made. If an indigent’s
request is refused, the grounds for the refusal shall be succinctly
stated in the record.

(5) Within a reasonable time after the preliminary hearing, the
parolee shall be given a written summary of what transpired at the
hearing, including the board’s or its designated representative’s
decision or recommendation and reasons for the decision or recommendation
and the evidence upon which the decision or recommendation was based. If
an indigent parolee’s request for counsel at board expense has been made
in the manner provided in subsection (3)(f) of this section and refused,
the grounds for the refusal shall be succinctly stated in the summary.

(6)(a) The parolee may admit or deny the violation without being
physically present at the hearing if the parolee appears before the board
or its designee by means of simultaneous television transmission allowing
the board to observe and communicate with the parolee and the parolee to
observe and communicate with the board or by telephonic communication
allowing the board to communicate with the parolee and the parolee to
communicate with the board.

(b) Notwithstanding paragraph (a) of this subsection, appearance by
simultaneous television transmission or telephonic communication shall
not be permitted unless the facilities used enable the parolee to consult
privately with counsel during the proceedings.

(7) If the board or its designated representative has determined
that there is probable cause to believe that a violation of one or more
of the conditions of parole has occurred, the hearing shall proceed to
receive evidence from which the board may determine whether to reinstate
or continue the alleged parole violator on parole subject to the same or
modified conditions of parole or revoke parole and require that the
parole violator serve a term of imprisonment as provided by ORS 144.346.

(8) At the conclusion of the hearing if probable cause has been
determined and the hearing has been held by a member of the board or by a
designated representative of the board, the person conducting the hearing
shall transmit the record of the hearing, together with a proposed order
including findings of fact, recommendation and reasons for the
recommendation to the board. The parolee or the parolee’s representative
shall have the right to file exceptions and written arguments with the
board. The right to file exceptions and written arguments may be waived.
After consideration of the record, recommendations, exceptions and
arguments a quorum of the board shall enter a final order including
findings of fact, its decision and reasons for the decision.

(9)(a) The victim has the right:

(A) Upon request made within the time period prescribed in the
notice required by ORS 147.417, to be notified by the board of any
hearing before the board that may result in the revocation of the
parolee’s parole;

(B) To appear personally at the hearing; and

(C) If present, to reasonably express any views relevant to the
issues before the board.

(b) Failure of the board to notify the victim under paragraph (a)
of this subsection or failure of the victim to appear at the hearing does
not affect the validity of the proceeding. [1973 c.694 §13; 1977 c.375
§2; 1981 c.644 §7; 1987 c.158 §20a; 1987 c.803 §17; 1989 c.790 §42a; 1991
c.836 §2; 1993 c.581 §3; 1997 c.313 §12] (1)
Except as provided in subsection (2) of this section, whenever the State
Board of Parole and Post-Prison Supervision considers an alleged parole
violator and finds such person has violated one or more conditions of
parole and evidence offered in mitigation does not excuse or justify the
violation, the board may revoke parole.

(2) When a person released on parole or post-prison supervision is
convicted of a crime and sentenced to a term of imprisonment at any
institution of the Department of Corrections or its counterpart under the
laws of the United States or any other state, such conviction and
sentence shall automatically terminate the person’s parole or post-prison
supervision as of the date of the sentence order. Notwithstanding any
other provision of law, the person shall not be entitled to a hearing
under ORS 144.343 and shall have a rerelease date set as provided by
rule. [1973 c.694 §14; 1977 c.372 §16; 1991 c.836 §3] The State Board of
Parole and Post-Prison Supervision shall adopt rules to establish parole
revocation sanctions for parole violations committed on or after November
1, 1989. [1989 c.790 §18b; 1997 c.525 §9]Note: 144.346 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. (1) Upon
request of any party to the hearing provided in ORS 144.343 and upon a
proper showing of the general relevance and reasonable scope of the
testimony to be offered, the board or its designated representatives
shall issue subpoenas requiring the attendance and testimony of
witnesses. In any case, the board, on its own motion, may issue subpoenas
requiring the attendance and testimony of witnesses.

(2) Upon request of any party to the hearing provided in ORS
144.343 and upon a proper showing of the general relevance and reasonable
scope of the documentary or physical evidence sought, the board or its
designated representative shall issue subpoenas duces tecum. In any case,
the board, on its own motion, may issue subpoenas duces tecum.

(3) Witnesses appearing under subpoena, other than the parties or
state officers or employees, shall receive fees and mileage as prescribed
by law for witnesses in ORS 44.415 (2). If the board or its designated
representative certifies that the testimony of a witness was relevant and
material, any person who has paid fees and mileage to that witness shall
be reimbursed by the board.

(4) If any person fails to comply with a subpoena issued under
subsection (1) or (2) of this section or any party or witness refuses to
testify regarding any matter on which the party or witness may be
lawfully interrogated, the judge of the circuit court of any county, on
the application of the board or its designated representative or of the
party requesting the issuance of the subpoena, shall compel obedience by
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued by the court. [1973 c.694 §15; 1983
c.489 §3; 1989 c.980 §7] When an alleged parole or
post-prison supervision violator is in custody in a state to which the
alleged parole or post-prison supervision violator has not been paroled
or released or in federal custody, ORS 144.343 does not apply. [1973
c.694 §16; 1989 c.790 §43](1)(a) The Department
of Corrections or other supervisory authority may order the arrest and
detention of any person then under the supervision, custody or control of
the department or other supervisory authority upon being informed and
having reasonable grounds to believe that such person has:

(A) Violated the conditions of parole, post-prison supervision,
probation, conditional pardon or other conditional release from custody;
or

(B) Escaped from the supervision, custody or control of the
department or other supervisory authority.

(b) Before issuing an order under paragraph (a)(A) of this
subsection, the department or other supervisory authority shall
investigate for the purpose of ascertaining whether the terms of the
parole, post-prison supervision, probation, conditional pardon or other
conditional release have been violated.

(2) Notwithstanding subsection (1) of this section, the department
or other supervisory authority may order the arrest and detention of any
person under its supervision or control if it has reasonable grounds to
believe that such person is a danger to self or to others. A hearing
shall follow as promptly as convenient to the parties to determine
whether probable cause exists to continue detention pending a final
determination of the case.

(3) As used in this section, “escape” means the unlawful departure
of a person from a correctional facility, as defined in ORS 162.135, or
from the supervision, custody or control of a corrections officer or
other person authorized by the department or supervisory authority to
maintain supervision, custody or control of the person while the person
is outside the correctional facility. [Amended by 1969 c.597 §117; 1981
c.644 §8; 1987 c.320 §63; 1989 c.790 §44; 1995 c.423 §25; 1999 c.120 §2] Any
order issued by the Department of Corrections or other supervisory
authority as authorized by ORS 144.350 constitutes full authority for the
arrest and detention of the violator, and all the laws applicable to
warrants of arrest shall apply to such orders. [Amended by 1973 c.836
§298; 1987 c.320 §64; 1995 c.423 §26]Within 15 days after the
issuance of an order, under the provisions of ORS 144.350, the board may
order suspension of the detained person’s parole or post-prison
supervision. A hearing shall then be conducted as promptly as convenient
pursuant to ORS 144.343. [Amended by 1973 c.694 §10; 1973 c.836 §299;
1974 c.36 §7; 1981 c.644 §9; 1983 c.740 §19; 1991 c.108 §2](1) The Director of
the Department of Corrections may deputize, in writing, any person
regularly employed by another state, to act as an officer and agent of
this state for the return of any person who has violated the conditions
of parole, post-prison supervision, conditional pardon or other
conditional release.

(2) Any person deputized pursuant to subsection (1) of this section
shall have the same powers with respect to the return of any person who
has violated the conditions of parole, post-prison supervision,
conditional pardon or other conditional release from custody as any peace
officer of this state.

(3) Any person deputized pursuant to subsection (1) of this section
shall carry formal evidence of deputization and shall produce the same on
demand. [1955 c.369 §1; 1969 c.597 §118; 1973 c.836 §300; 1987 c.320 §65;
1989 c.790 §45]The
Department of Corrections may enter into contracts with similar officials
of any state, for the purpose of sharing an equitable portion of the cost
of effecting the return of any person who has violated the conditions of
parole, post-prison supervision, probation, conditional pardon or other
conditional release. [1955 c.369 §2; 1969 c.597 §119; 1983 c.425 §1; 1987
c.320 §66; 1989 c.790 §46]After the suspension of parole or post-prison supervision or
revocation of probation or conditional pardon of any convicted person,
and until the return of the person to custody, the person shall be
considered a fugitive from justice. [Amended by 1973 c.694 §11; 1989
c.790 §47]
The board shall adopt rules consistent with the criteria in ORS 144.780
relating to the rerelease of persons whose parole has been revoked. [1977
c.372 §7]SEIZURE OF PROPERTY BY PAROLE AND PROBATION OFFICERSThe Department of Corrections is authorized to
receive, hold and dispose of contraband, things otherwise criminally
possessed or possessed in violation of parole or post-prison supervision
conditions, or unclaimed goods seized by a parole and probation officer
during the arrest of a suspected parole or post-prison supervision
violator or during the search of the suspected violator or of the
premises, vehicle or other property of the suspected violator. [1991
c.286 §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.(1) Upon seizing property in
execution of duty, 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 parole or post-prison
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 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]Note: See note under 144.404. (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 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 manager of the local field services office having
supervision over the suspected parole or post-prison supervision violator.

(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]Note: See note under 144.404. 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 parole or post-prison supervision violation;

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

(4) The suspected parole or post-prison supervision violator and
the department have stipulated that the things seized may be returned to
the petitioner. [1991 c.286 §4]Note: See note under 144.404. (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 several claimants to
appropriate civil process for the determination of the claims. [1991
c.286 §5]Note: See note under 144.404.(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 parole or
post-prison 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]Note: See note under 144.404.WORK RELEASE PROGRAM 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](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 inmate 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] (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) Provide security training approved by the department to persons
responsible for supervising persons participating in an inmate work
program;

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

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

(f) 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] 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](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 inmate may be assigned by the Department of Corrections to
participate in an inmate work program, or in education, alcohol and drug
treatment or mental health or other specific treatment program to develop
independent living skills, without the inmate’s consent.

(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 inmate to participate in an
inmate 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] 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.
Each such facility having six or more residents must be licensed under
ORS 443.400 to 443.455 and 443.991 (2) and must satisfy standards
established by the Department of Corrections to assure adequate
supervision, custody, health and safety of persons quartered therein.
[1965 c.463 §8; 1969 c.597 §122; 1969 c.678 §1; 1973 c.836 §307; 1977
c.717 §15; 1987 c.320 §71](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] (1) Persons
assigned to participate in an inmate 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 inmate work program
established under ORS 144.420 are entitled to the protection and benefits
of ORS 655.505 to 655.555.

(3) Persons enrolled, or assigned to participate, in a work release
program are not entitled to benefits:

(a) Under ORS chapter 656; or

(b) Under ORS chapter 657 during their enrollment. [1965 c.463 §10;
1969 c.597 §122a; 1969 c.678 §2; 1995 c.384 §7; 1997 c.851 §8] (1) A person enrolled, or assigned to
participate, in the work release program is not an agent, employee or
servant of a Department of Corrections institution, the department or
this state:

(a) While working, seeking gainful employment or otherwise
participating, in an inmate work program; or

(b) While going to the place of such employment or work assignment
from the place where the person is quartered, or while returning
therefrom.

(2) For purposes of this chapter, a person enrolled, or assigned to
participate, in the work release program established under ORS 144.420 is
considered to be an inmate of a Department of Corrections institution.
[1965 c.463 §§11,13; 1987 c.320 §73; 1995 c.384 §8] (1)
If a person enrolled, or assigned to participate, in the work release
program violates any law, or any rule or specific condition applicable to
the person under ORS 144.450, the Department of Corrections may
immediately terminate that person’s enrollment in, or assignment to, the
work release program and transfer the person to a Department of
Corrections institution for the remainder of the sentence.

(2) Absence, without a reason that is acceptable to the Director of
the Department of Corrections, of a person enrolled in, or assigned to, a
work release program from the place of employment, work assignment or
designated quarters, at any time contrary to the rules or specific
conditions applicable to the person under ORS 144.450:

(a) Immediately terminates the enrollment of the person in, or
assignment of the person to, the work release program.

(b) Constitutes an escape from a correctional facility under ORS
162.155. [1965 c.463 §§16,17; 1971 c.743 §340; 1987 c.320 §74; 1995 c.384
§9]A person’s enrollment in the work release program terminates upon
the release of the person from confinement pursuant to law. To the extent
possible, the Department of Corrections shall cooperate with employers in
making possible the continued employment of persons released. [1965 c.463
§18; 1973 c.836 §309; 1987 c.320 §75] (1) The Department of Corrections may
request in writing the Oregon Department of Administrative Services to,
and when so requested the Oregon Department of Administrative Services
shall, draw a warrant on the amount available under section 6 or 7,
chapter 678, Oregon Laws 1969, in favor of the department for use by the
department as a revolving fund. The warrant or warrants drawn to
establish or increase the revolving fund, rather than to reimburse it,
shall not exceed the aggregate sum of $20,000. The revolving fund shall
be deposited with the State Treasurer to be held in a special account
against which the department may draw checks.

(2) The revolving fund may be used by the department for the
purpose of making loans to any inmate enrolled in the work release
program under ORS 144.410 to 144.525, at a rate of interest prescribed by
the department, to pay costs of necessary clothing, tools, transportation
and other items from the time of initial enrollment to the time the
inmate receives sufficient income to repay the loan. A loan from the
revolving fund shall be made only when other resources available to the
enrollee to pay the costs described in this subsection are inadequate.

(3) The Department of Corrections shall enforce repayment of loans
under this section by any lawful means. However, the Director of the
Department of Corrections may proceed under ORS 293.235 to 293.245 to
write off uncollectible debts arising out of such loans.

(4) All repayments of loans from the revolving fund shall be
credited to the fund. Interest earnings realized upon any loan from the
revolving fund shall be credited to the fund. [1969 c.597 §122d and 1969
c.678 §5; 1975 c.411 §1; 1987 c.320 §76]The Director of the Department of Corrections shall
deposit in the State Prison Work Programs Account, as they are received,
moneys surrendered to the Department of Corrections under ORS 144.470.
Disbursements from the account for purposes authorized by ORS 144.470 may
be made by the director, subject to approval by the Prison Industries
Board, by checks or orders drawn upon the account. The director is
accountable for the proper handling of the account. [1965 c.463 §21; 1987
c.320 §77; 1995 c.384 §10]INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION The
Legislative Assembly hereby approves and the Governor is authorized to
enter into a compact on behalf of this state with any other state or
states legally joining therein in the form substantially as follows:

___________________________________________________________________________
___ARTICLE I

PURPOSE (a) The compacting states to this interstate compact recognize that
each state is responsible for the supervision of adult offenders in the
community who are authorized pursuant to the bylaws and rules of this
compact to travel across state lines both to and from each compacting
state in such a manner as to track the location of offenders, transfer
supervision authority in an orderly and efficient manner and, when
necessary, return offenders to the originating jurisdictions. The
compacting states also recognize that the United States Congress, by
enacting 4 U.S.C. 112, has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.

(b) It is the purpose of this compact and the Interstate Commission
created under this compact, through means of joint and cooperative action
among the compacting states: To provide the framework for the promotion
of public safety and protect the rights of victims through the control
and regulation of the interstate movement of offenders in the community;
to provide for the effective tracking, supervision and rehabilitation of
these offenders by the sending and receiving states; and to equitably
distribute the costs, benefits and obligations of the compact among the
compacting states.

(c) In addition, this compact is intended to: Create an Interstate
Commission that will establish uniform procedures to manage the movement
between states of offenders placed under community supervision and
released to the community under the jurisdiction of courts, paroling
authorities or corrections or other criminal justice agencies that will
promulgate rules to achieve the purpose of this compact; ensure an
opportunity for input and timely notice to victims and to jurisdictions
where offenders are authorized to travel or to relocate across state
lines; establish a system of uniform data collection, access to
information on active cases by authorized criminal justice officials and
regular reporting of compact activities to the heads of State Councils,
the state executive, judicial and legislative branches and the criminal
justice administrators; monitor compliance with rules governing
interstate movement of offenders and initiate interventions to address
and correct noncompliance; and coordinate training and education on the
regulation of interstate movement of offenders for officials involved in
such activity.

(d) The compacting states recognize that there is no right of any
offender to live in another state and that duly accredited officers of a
sending state may at all times enter a receiving state and there
apprehend and retake any offender under supervision, subject to the
provisions of this compact and the bylaws and rules promulgated under
this compact. It is the policy of the compacting states that the
activities conducted by the Interstate Commission are intended to
formulate public policy and are therefore public business.ARTICLE II

DEFINITIONSAs used in this compact, unless the context clearly requires a
different construction:

(a) “Adult” means a person who is 18 years of age or older or a
person under 18 years of age who is legally classified, either by statute
or court order, as an adult.

(b) “Bylaws” means those bylaws established by the Interstate
Commission for its governance or for directing or controlling the
Interstate Commission’s actions or conduct.

(c) “Compact Administrator” means the individual in each compacting
state appointed pursuant to the terms of this compact responsible for the
administration and management of the state’s supervision and transfer of
offenders subject to the terms of this compact, the rules adopted by the
Interstate Commission and policies adopted by the State Council under
this compact.

(d) “Compacting state” means any state which has enacted the
enabling legislation for this compact.

(e) “Commissioner” means the voting representative of each
compacting state appointed pursuant to Article III of this compact.

(f) “Interstate Commission” means the Interstate Commission for
Adult Offender Supervision created by Article III of this compact.

(g) “Member” means the commissioner of a compacting state or the
commissioner’s designee, who shall be an individual officially connected
with the commissioner.

(h) “Noncompacting state” means any state that has not enacted the
enabling legislation for this compact.

(i) “Offender” means an adult placed under or subject to
supervision as the result of the commission of a criminal offense and
released to the community under the jurisdiction of courts, paroling
authorities or corrections or other criminal justice agencies.

(j) “Person” means any individual, corporation, business enterprise
or other legal entity, either public or private.

(k) “Rules” means acts of the Interstate Commission, duly
promulgated pursuant to Article VIII of this compact and substantially
affecting interested parties in addition to the Interstate Commission,
that have the force and effect of law in the compacting states.

(L) “State” means a state of the United States, the District of
Columbia or any territorial possession of the United States.

(m) “State Council” means the resident members of the State Council
for Interstate Adult Offender Supervision created by each state under
Article IV of this compact.ARTICLE III

THE INTERSTATE COMMISSION

FOR ADULT OFFENDER SUPERVISION (a) The compacting states hereby create the Interstate Commission
for Adult Offender Supervision. The Interstate Commission shall be a body
corporate and joint agency of the compacting states. The Interstate
Commission shall have all the responsibilities, powers and duties set
forth in this compact, including the power to sue and be sued and such
additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states in accordance with the
terms of this compact.

(b) The Interstate Commission shall consist of commissioners
selected and appointed by each state. In addition to the commissioners
who are the voting representatives of each state, the Interstate
Commission shall include individuals who are not commissioners but who
are members of interested organizations. Such noncommissioner members
must include a member of the national organizations of governors,
legislators, state chief justices, attorneys general and crime victims.
All noncommissioner members of the Interstate Commission shall be
nonvoting members. The Interstate Commission may provide in its bylaws
for such additional nonvoting members as it deems necessary.

(c) Each compacting state represented at any meeting of the
Interstate Commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
Interstate Commission.

(d) The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and, upon the
request of 27 or more compacting states, shall call additional meetings.
Public notice shall be given of all meetings and meetings shall be open
to the public, except as provided in Article VII of this compact.

(e) The Interstate Commission shall establish an executive
committee that shall include commission officers, members and others as
shall be determined by the bylaws. The executive committee shall have the
power to act on behalf of the Interstate Commission during periods when
the Interstate Commission is not in session, with the exception of
rulemaking or amendment to the compact. The executive committee oversees
the day-to-day activities managed by the executive director and
Interstate Commission staff, administers enforcement and compliance with
the provisions of the compact, its bylaws and rules and as directed by
the Interstate Commission and performs other duties as directed by the
Interstate Commission or as set forth in the bylaws and rules.ARTICLE IV

THE COMPACT ADMINISTRATOR AND STATE COUNCIL (a) The Director of the Department of Corrections, or the
director’s designee, shall serve as the Compact Administrator for the
State of Oregon and as Oregon’s commissioner to the Interstate Commission.

(b) The Oregon State Council for Interstate Adult Offender
Supervision is established, consisting of seven members. The Director of
the Department of Corrections, or the director’s designee, is a member of
the State Council and serves as chairperson of the State Council. Of the
remaining members of the State Council:

(1) The Governor shall appoint three members, one of whom must
represent a crime victims’ organization; and

(2) The Chief Justice of the Supreme Court, the President of the
Senate and the Speaker of the House of Representatives shall each appoint
one member.

(c) The term of office of a member is four years.

(d) The State Council shall meet at least once each calendar year.

(e) The State Council may advise the Compact Administrator on
participation in the Interstate Commission activities and administration
of the compact.

(f) Members of the State Council are entitled to expenses as
provided in ORS 292.495. Any legislative members are entitled to payment
of compensation and expense reimbursement under ORS 171.072, payable from
funds appropriated to the Legislative Assembly.

(g) The State Council is subject to the provisions of ORS 291.201
to 291.222 and 291.230 to 291.260.

(h) The Department of Corrections shall provide staff support for
the State Council.ARTICLE V

POWERS AND DUTIES

OF THE INTERSTATE COMMISSIONThe Interstate Commission shall have the following powers:

(a) To adopt a seal and suitable bylaws governing the management
and operation of the Interstate Commission.

(b) To promulgate rules which shall have the force and effect of
statutory law and shall be binding in the compacting states to the extent
and in the manner provided in this compact.

(c) To oversee, supervise and coordinate the interstate movement of
offenders subject to the terms of this compact and any bylaws adopted and
rules promulgated by the Interstate Commission.

(d) To enforce compliance with the compact and the rules and bylaws
of the Interstate Commission, using all necessary and proper means,
including, but not limited to, the use of judicial process.

(e) To establish and maintain offices.

(f) To purchase and maintain insurance and bonds.

(g) To borrow, accept or contract for the services of personnel,
including, but not limited to, members and their staffs.

(h) To establish and appoint committees and hire staff that it
deems necessary to carry out its functions, including, but not limited
to, an executive committee as required by Article III of this compact,
which shall have the power to act on behalf of the Interstate Commission
in carrying out its powers and duties under this compact.

(i) To elect or appoint officers, attorneys, employees, agents or
consultants, and to fix their compensation, define their duties and
determine their qualifications, and to establish the Interstate
Commission’s personnel policies and programs relating to, among other
things, conflicts of interest, rates of compensation and qualifications
of personnel.

(j) To accept any and all donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and dispose of
same.

(k) To lease, purchase, accept contributions or donations of any
property, or otherwise to own, hold, improve or use any property, whether
real, personal or mixed.

(L) To sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property, whether real, personal or mixed.

(m) To establish a budget and make expenditures and levy dues as
provided in Article X of this compact.

(n) To sue and be sued.

(o) To provide for dispute resolution among compacting states.

(p) To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact.

(q) To report annually to the legislatures, governors, judiciary
and State Councils of the compacting states concerning the activities of
the Interstate Commission during the preceding year. Such reports shall
also include any recommendations that may have been adopted by the
Interstate Commission.

(r) To coordinate education, training and public awareness
regarding the interstate movement of offenders for officials involved in
such activity.

(s) To establish uniform standards for the reporting, collecting
and exchanging of data.ARTICLE VI

ORGANIZATION AND OPERATION

OF THE INTERSTATE COMMISSION (a) The Interstate Commission shall, by a majority of the members,
within 12 months of the first Interstate Commission meeting, adopt bylaws
to govern its conduct as may be necessary or appropriate to carry out the
purposes of the compact, including, but not limited to:

(1) Establishing the fiscal year of the Interstate Commission.

(2) Establishing an Executive Committee and such other committees
as may be necessary.

(3) Providing reasonable standards and procedures:

(i) For the establishment of committees; and

(ii) Governing any general or specific delegation of any authority
or function of the Interstate Commission.

(4) Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable notice of
each meeting.

(5) Establishing the titles and responsibilities of the officers of
the Interstate Commission.

(6) Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the Interstate
Commission. Notwithstanding any civil service laws or other similar laws
of any compacting state, the bylaws shall exclusively govern the
personnel policies and programs of the Interstate Commission.

(7) Providing a mechanism for winding up the operations of the
Interstate Commission and the equitable return of any surplus funds that
may exist upon the termination of the compact after the payment or
reserving of all of the Interstate Commission’s debts and obligations.

(8) Providing transition rules for start-up administration of the
compact.

(9) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.

(b)(1) The Interstate Commission shall, by a majority of the
members, elect from among its members a chairperson and a vice
chairperson, each of whom shall have such authorities and duties as may
be specified in the bylaws. The chairperson, or in the chairperson’s
absence or disability, the vice chairperson, shall preside at all
meetings of the Interstate Commission. The officers so elected shall
serve without compensation or remuneration from the Interstate
Commission, provided that, subject to the availability of budgeted funds,
the officers shall be reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.

(2) The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for such period, upon
such terms and conditions and for such compensation as the Interstate
Commission may deem appropriate. The executive director shall serve as
secretary to the Interstate Commission and shall hire and supervise other
staff as may be authorized by the Interstate Commission, but shall not be
a member of the Interstate Commission.

(c) The Interstate Commission shall maintain its corporate books
and records in accordance with the bylaws.

(d)(1) The liability of any member, officer, executive director,
employee or agent of the Interstate Commission acting within the scope of
the person’s employment or duties for acts, errors or omissions occurring
within Oregon may not exceed the limits set forth in ORS 30.270. Nothing
in this subsection shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.

(2) Subject to approval by the Attorney General under ORS chapter
180, the Interstate Commission shall defend the commissioner of a
compacting state, the commissioner’s representatives or employees or the
Interstate Commission’s representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged act,
error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties or responsibilities, provided that the
actual or alleged act, error or omission did not result from intentional
wrongdoing on the part of such person.

(3) The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, the appointed representatives or
employees, or the Interstate Commission’s representatives or employees,
harmless in the amount of any settlement or judgment obtained against
such persons arising out of any actual or alleged act, error or omission
that occurred within the scope of Interstate Commission employment,
duties or responsibilities, or that such persons had a reasonable basis
for believing occurred within the scope of Interstate Commission
employment, duties or responsibilities, provided that the actual or
alleged act, error or omission did not result from intentional wrongdoing
on the part of such persons.ARTICLE VII

ACTIVITIES OF

THE INTERSTATE COMMISSION (a) The Interstate Commission shall meet and take such actions as
are consistent with the provisions of this compact.

(b) Except as otherwise provided in this compact and unless a
greater percentage is required under the bylaws, in order to constitute
an act of the Interstate Commission, such act shall have been taken at a
meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.

(c) Each member of the Interstate Commission shall have the right
and power to cast a vote to which that compacting state is entitled and
to participate in the business and affairs of the Interstate Commission.
A member shall vote in person on behalf of the compacting state and shall
not delegate a vote to another compacting state. However, the Director of
the Department of Corrections may designate another individual, in the
absence of the director, to cast a vote on behalf of the director at a
specified meeting. The bylaws may provide for members’ participation in
meetings by telephone or other means of telecommunication or electronic
communication. Any voting conducted by telephone or other means of
telecommunication or electronic communication shall be subject to the
same quorum requirements of meetings where members are present in person.

(d) The Interstate Commission shall meet at least once during each
calendar year. The chairperson of the Interstate Commission may call
additional meetings at any time and, upon the request of a majority of
the members, shall call additional meetings.

(e) The Interstate Commission’s bylaws shall establish conditions
and procedures under which the Interstate Commission shall make its
information and official records available to the public for inspection
or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent the information or records
would adversely affect personal privacy rights or proprietary interests.
In promulgating such rules, the Interstate Commission may make available
to law enforcement agencies records and information otherwise exempt from
disclosure, and may enter into agreements with law enforcement agencies
to receive or exchange information or records subject to nondisclosure
and confidentiality provisions.

(f) Public notice shall be given of all meetings, and all meetings
shall be open to the public, except as set forth in the rules or as
otherwise provided in the compact. The Interstate Commission shall
promulgate rules consistent with the principles contained in the
Government in the Sunshine Act, 5 U.S.C. 552, as amended. The Interstate
Commission and any of its committees may close a meeting to the public
when the Interstate Commission determines by two-thirds vote that an open
meeting would be likely to:

(1) Relate solely to the Interstate Commission’s internal personnel
practices and procedures;

(2) Disclose matters specifically exempted from disclosure by
statute;

(3) Disclose trade secrets or commercial or financial information
that is privileged or confidential;

(4) Involve accusing any person of a crime or formally censuring
any person;

(5) Disclose information of a personal nature when such disclosure
would constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigatory records compiled for law enforcement
purposes;

(7) Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or for the
use of, the Interstate Commission with respect to a regulated entity for
the purpose of regulation or supervision of such entity;

(8) Disclose information when such premature disclosure would
significantly endanger the life of a person or the stability of a
regulated entity; or

(9) Specifically relate to the Interstate Commission’s issuance of
a subpoena or its participation in a civil action or proceeding.

(g) For every meeting closed pursuant to subsection (f) of this
Article, the Interstate Commission’s chief legal officer shall publicly
certify that, in the officer’s opinion, the meeting may be closed to the
public and shall make reference to each relevant provision authorizing
closure of the meeting. The Interstate Commission shall keep minutes that
fully and clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any action taken, and the reasons
therefor, including a description of each of the views expressed on any
item and the record of any roll call vote (reflected in the vote of each
member on the question). All documents considered in connection with any
action shall be identified in such minutes.

(h) The Interstate Commission shall collect standardized data
concerning the interstate movement of offenders as directed through its
bylaws and rules that specify the data to be collected, the means of
collection and data exchange and reporting requirements.ARTICLE VIII

RULEMAKING FUNCTIONS

OF THE INTERSTATE COMMISSION (a) The Interstate Commission shall promulgate rules in order to
effectively and efficiently achieve the purposes of the compact,
including transition rules governing administration of the compact during
the period in which it is being considered and enacted by the states.

(b) Rulemaking shall occur pursuant to the criteria set forth in
this Article and the bylaws and rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the federal
Administrative Procedure Act, 5 U.S.C. 551 et seq., and the Federal
Advisory Committee Act, 5 U.S.C. Appendix 2, section 1 et seq., as
amended. All rules and amendments shall become binding as of the date
specified in each rule or amendment.

(c) If a majority of the legislatures of the compacting states
rejects a rule, by enactment of a statute or resolution in the same
manner used to adopt the compact, then such rule shall have no further
force and effect in any compacting state.

(d) When promulgating a rule, the Interstate Commission shall:

(1) Publish the proposed rule, stating with particularity the text
of the rule that is proposed and the reason for the proposed rule;

(2) Allow persons to submit written data, facts, opinions and
arguments, which information shall be publicly available;

(3) Provide an opportunity for an informal hearing; and

(4) Promulgate a final rule and its effective date, if appropriate,
based on the rulemaking record. Not later than 60 days after a rule is
promulgated, any interested person may file a petition in the United
States District Court for the District of Columbia or in the federal
district court where the Interstate Commission’s principal office is
located for judicial review of the rule. If the court finds that the
Interstate Commission’s action is not supported by substantial evidence
in the rulemaking record, the court shall hold the rule unlawful and set
it aside. For purposes of this subsection, evidence is substantial if it
would be considered substantial evidence under the federal Administrative
Procedure Act, 5 U.S.C. 551 et seq., and the Federal Advisory Committee
Act, 5 U.S.C. Appendix 2, section 1 et seq., as amended.

(e) Rules related to the following subjects must be addressed
within 12 months after the first meeting of the Interstate Commission:

(1) Notice to victims and opportunity to be heard;

(2) Offender registration and compliance;

(3) Violations and returns;

(4) Transfer procedures and forms;

(5) Eligibility for transfer;

(6) Collection of restitution and fees from offenders;

(7) Data collection and reporting;

(8) The level of supervision to be provided by the receiving state;

(9) Transition rules governing the operation of the compact and the
Interstate Commission during all or part of the period between the
effective date of the compact and the date on which the last eligible
state adopts the compact; and

(10) Mediation, arbitration and dispute resolution.

(f) The existing rules governing the operation of the previous
compact superseded by this compact shall be null and void 12 months after
the first meeting of the Interstate Commission created under this compact.

(g) Upon determination by the Interstate Commission that an
emergency exists, the Interstate Commission may promulgate an emergency
rule which shall become effective immediately upon adoption, provided
that the usual rulemaking procedures provided in this Article shall be
retroactively applied to said rule as soon as reasonably possible, but no
later than 90 days after the effective date of the rule.ARTICLE IX

OVERSIGHT, ENFORCEMENT AND

DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION (a)(1) The Interstate Commission shall oversee the Interstate
movement of adult offenders in the compacting states and shall monitor
such activities being administered in noncompacting states that may
significantly affect compacting states.

(2) The courts and executive agencies in each compacting state
shall enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact’s purposes and intent. In any
judicial or administrative proceeding in a compacting state pertaining to
the subject matter of this compact that may affect the powers,
responsibilities or actions of the Interstate Commission, the Interstate
Commission shall be entitled to receive all service of process in any
such proceeding and shall have standing to intervene in the proceeding
for all purposes.

(b)(1) The compacting states shall report to the Interstate
Commission on issues or activities of concern to them and cooperate with
and support the Interstate Commission in the discharge of its duties and
responsibilities.

(2) The Interstate Commission shall attempt to resolve any disputes
or other issues that are subject to the compact and that may arise among
compacting states and noncompacting states. The Interstate Commission
shall enact a bylaw or promulgate a rule providing for both mediation and
binding dispute resolution for disputes among the compacting states.

(c) The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using any or all
means set forth in Article XII (b) of this compact.ARTICLE X

FINANCE (a) The Interstate Commission shall pay or provide for the payment
of the reasonable expenses of its establishment, organization and ongoing
activities.

(b) The Interstate Commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the internal
operations and activities of the Interstate Commission and its staff,
which must be in a total amount sufficient to cover the Interstate
Commission’s annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the Interstate Commission, taking into consideration the
population of the state and the volume of interstate movement of
offenders in each compacting state. The Interstate Commission shall
promulgate a rule binding upon all compacting states that governs said
assessment.

(c) The Interstate Commission shall not incur any obligations of
any kind prior to securing the funds adequate to meet the same, nor shall
the Interstate Commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.

(d) The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the annual
report of the Interstate Commission.

(e)(1) The Interstate Compact for Adult Offender Supervision Fund
is established, separate and distinct from the General Fund. All moneys
in the fund are continuously appropriated to the Department of
Corrections to be used for the purposes of meeting financial obligations
imposed on the State of Oregon as a result of the state’s participation
in this compact.

(2) An assessment levied or any other financial obligation imposed
under this compact is effective against the State of Oregon only to the
extent that moneys to pay the assessment or meet the financial obligation
have been appropriated and deposited in the fund established in paragraph
(1) of this subsection.ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT (a) Any state, as defined in Article II of this compact, is
eligible to become a compacting state.

(b) The compact shall become effective and binding upon legislative
enactment of the compact into law by no fewer than 35 of the states. The
initial effective date shall be the later of July 1, 2001, or upon
enactment into law by the 35th jurisdiction. Thereafter, the compact
shall become effective and binding, as to any other compacting state,
upon enactment of the compact into law by that state. The governors of
noncompacting states or their designees may be invited to participate in
Interstate Commission activities on a non-voting basis prior to adoption
of the compact by all states.

(c) Amendments to the compact may be proposed by the Interstate
Commission for enactment by the compacting states. No amendment shall
become effective and binding upon the Interstate Commission and the
compacting states unless and until it is enacted into law by unanimous
consent of the compacting states.ARTICLE XII

WITHDRAWAL, DEFAULT,

TERMINATION AND

JUDICIAL ENFORCEMENT (a)(1) Once effective, the compact shall continue in force and
remain binding upon each and every compacting state, provided that a
compacting state may withdraw from the compact by specifically repealing
the statute that enacted the compact into law.

(2) The effective date of withdrawal is the effective date of the
repeal of the statute that enacted the compact into law.

(3) The withdrawing state shall immediately notify the chairperson
of the Interstate Commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state. The
Interstate Commission shall notify the other compacting states of the
withdrawing state’s intent to withdraw within 60 days of its receipt
thereof.

(4) The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which extend
beyond the effective date of withdrawal.

(5) Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or upon
such later date as determined by the Interstate Commission.

(b)(1) If the Interstate Commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under this compact or the bylaws or rules
of the Interstate Commission, the Interstate Commission may impose any or
all of the following penalties:

(i) Fines, fees and costs in such amounts as are deemed to be
reasonable as fixed by the Interstate Commission;

(ii) Remedial training and technical assistance as directed by the
Interstate Commission;

(iii) Suspension and termination of membership in the compact.
Suspension shall be imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been exhausted.
Immediate notice of suspension shall be given by the Interstate
Commission to the governor, the chief justice or chief judicial officer
of the defaulting state; the majority and minority leaders of the
defaulting state’s legislature, and the state council.

(2) The grounds for default include, but are not limited to,
failure of a compacting state to perform obligations or responsibilities
imposed upon it by this compact or the Interstate Commission bylaws or
rules. The Interstate Commission shall immediately notify the defaulting
state in writing of the penalty imposed by the Interstate Commission on
the defaulting state pending a cure of the default. The Interstate
Commission shall stipulate the conditions and the time period within
which the defaulting state must cure its default. If the defaulting state
fails to cure the default within the time period specified by the
Interstate Commission, in addition to any other penalties imposed, the
defaulting state may be terminated from the compact upon an affirmative
vote of a majority of the compacting states and all rights, privileges
and benefits conferred by this compact shall be terminated from the
effective date of suspension. Within 60 days of the effective date of
termination of a defaulting state, the Interstate Commission shall notify
the governor, the chief justice or chief judicial officer of the
defaulting state, the majority and minority leaders of the defaulting
state’s legislature and the State Council of such termination.

(3) The defaulting state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination, including any obligations, the performance of which extend
beyond the effective date of termination.

(4) The Interstate Commission shall not bear any costs relating to
the defaulting state unless otherwise mutually agreed upon between the
Interstate Commission and the defaulting state. Reinstatement following
termination of any compacting state requires both a reenactment of the
compact by the defaulting state and the approval of the Interstate
Commission pursuant to the rules.

(c) The Interstate Commission may, by majority vote of the members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate Commission,
in the federal district court where the Interstate Commission has its
principal office to enforce compliance with the provisions of the
compact, its rules or bylaws against any compacting state in default. In
the event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable attorney
fees.

(d)(1) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state that reduces membership in
the compact to one compacting state.

(2) Upon the dissolution of this compact, the compact becomes null
and void and shall be of no further force or effect, and the business and
affairs of the Interstate Commission shall be wound up and any surplus
funds shall be distributed in accordance with the bylaws.ARTICLE XIII

SEVERABILITY AND CONSTRUCTION (a) The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally construed to
effectuate its purposes.ARTICLE XIV

BINDING EFFECT OF COMPACT

AND OTHER LAWS (a)(1) Nothing in this compact prevents the enforcement of any
other law of a compacting state that is not inconsistent with this
compact.

(2) The laws of the State of Oregon, other than the Oregon
Constitution, that conflict with this compact are superseded to the
extent of the conflict.

(b)(1) All lawful actions of the Interstate Commission, including
all rules and bylaws promulgated by the Interstate Commission, are
binding upon the State of Oregon unless contrary to the Oregon
Constitution.

(2) All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority vote
of the compacting states, the Interstate Commission may issue advisory
opinions regarding such meaning or interpretation.

(4) In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any compacting state,
the obligations, duties, powers or jurisdiction sought to be conferred by
such provision upon the Interstate Commission shall be ineffective and
such obligations, duties, powers or jurisdiction shall remain in the
compacting state and shall be exercised by the agency thereof to which
such obligations, duties, powers or jurisdiction are delegated by law in
effect at the time this compact becomes effective.

(c) The State of Oregon is bound by the bylaws and rules
promulgated under this compact only to the extent that the operation of
the bylaws and rules does not impose an obligation exceeding any
limitation on state power or authority contained in the Oregon
Constitution as interpreted by the state courts of Oregon.

___________________________________________________________________________
___ [2001 c.729 §2]Note: 144.600 to 144.603 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.ORS 144.600 shall be known and may be cited as
the Interstate Compact for Adult Offender Supervision. [2001 c.729 §1]Note: See note under 144.600. If a state withdraws from the
Interstate Compact for Adult Offender Supervision as provided in Article
XII (a) of the compact, the Department of Corrections may negotiate an
agreement with the withdrawing state to fulfill the purposes of ORS
144.600. [2001 c.729 §3]Note: See note under 144.600.UNIFORM ACT FOR

OUT-OF-STATE SUPERVISIONThe Governor of this state may execute a compact on behalf of the
State of Oregon with any of the United States joining therein in the form
substantially as follows:

___________________________________________________________________________
___

A compact entered into by and among the contracting states
signatory hereto with the consent of the Congress of the United States of
America granted by an Act entitled, “An Act Granting the Consent of
Congress to any Two or More States to Enter into Agreements or Compacts
for Cooperative Effort and Mutual Assistance in the Prevention of Crime
and for Other Purposes.”

The contracting states agree:

(1) That the judicial and administrative authorities of a state
party to this compact (herein called “sending state”) may permit any
person convicted of an offense within such state and placed on probation
or released on parole to reside in any other state party to this compact
(herein called “receiving state”) while on a probation or parole, if:

(a) Such person is in fact a resident of, or has the family of the
person residing within, the receiving state and can obtain employment
there;

(b) Though not a resident of the receiving state and not having the
family of the person residing there, the receiving state consents to such
person being sent there.

Before granting such permission, opportunity shall be granted to
the receiving state to investigate the home and prospective employment of
such person.

A resident of the receiving state, within the meaning of this
section, is one who has been an actual inhabitant of such state
continuously for more than one year prior to coming to the sending state
and has not resided within the sending state more than six continuous
months immediately preceding the commission of the offense for which the
person has been convicted.

(2) That each receiving state shall assume the duties of visitation
of and supervision over probationers or parolees of any sending state and
in the exercise of those duties will be governed by the same standards
that prevail for its own probationers and parolees.

(3) That duly accredited officers of a sending state may at all
times enter a receiving state and there apprehend and retake any person
on probation or parole. For that purpose no formalities will be required
other than establishing the authority of the officer and the identity of
the person to be retaken. All legal requirements to obtain extradition of
fugitives from justice are hereby expressly waived on the part of states
party hereto as to such persons. The decision of the sending state to
retake a person on probation or parole shall be conclusive upon, and not
reviewable within, the receiving state; provided, however, that if at the
time when a state seeks to retake a probationer or parolee there is
pending against the probationer or parolee within the receiving state any
criminal charge or if the probationer or parolee is suspected of having
committed within such state a criminal offense, the probationer or
parolee shall not be retaken without the consent of the receiving state
until discharged from prosecution or from imprisonment for such offense.

(4) That the duly accredited officers of the sending state will be
permitted to transport prisoners being retaken through any and all states
party to this compact without interference.

(5) That the Governor of each state may designate an officer who,
acting jointly with like officers of other contracting states, if and
when appointed, shall promulgate such rules and regulations as may be
deemed necessary to more effectively carry out the terms of this compact.

(6) That this compact shall become operative immediately upon its
execution by any state as between it and any other state so executing.
When executed it shall have the full force and effect of law within such
state, the form of execution to be in accordance with the laws of the
executing state.

(7) That this compact shall continue in force and remain binding
upon each executing state until renounced by it. The duties and
obligations hereunder of a renouncing state shall continue as to parolees
or probationers residing therein at the time of withdrawal until retaken
or finally discharged by the sending state. Renunciation of this compact
shall be by the same authority which executed it by sending six months’
notice in writing of its intention to withdraw from the compact to the
other states party hereto.

___________________________________________________________________________
___(1) Where supervision of a
parolee or probationer is being administered pursuant to the Uniform Act
for Out-of-State Supervision, the appropriate judicial or administrative
authorities in this state shall notify the Uniform Act for Out-of-State
Supervision administrator of the sending state, as defined in ORS
144.610, whenever, in their view, consideration should be given to
retaking or reincarceration for a parole or probation violation.

(2) Prior to the giving of any such notification, a hearing shall
be held in accordance with ORS 144.613 to 144.617 within a reasonable
time, unless such hearing is waived by the parolee or probationer. The
appropriate officer or officers of this state shall, as soon as
practicable following termination of any such hearing, report to the
sending state, furnish a copy of the hearing record and make
recommendations regarding the disposition to be made of the parolee or
probationer by the sending state.

(3) Pending any proceeding pursuant to this section, the
appropriate officers of this state may take custody of and detain the
parolee or probationer involved for a period not to exceed 15 days prior
to the hearing and, if it appears to the hearing officer or officers that
retaking or reincarceration is likely to follow, for such reasonable
period after the hearing or waiver as may be necessary to arrange for the
retaking or reincarceration. [1973 c.489 §1](1) Any hearing pursuant to ORS 144.613
to 144.617 may be before the administrator of the Uniform Act for
Out-of-State Supervision, a deputy of the Director of the Department of
Corrections or any other person authorized pursuant to the laws of this
state to hear cases of alleged parole or probation violation, except that
no hearing officer shall be the person making the allegation of violation.

(2) With respect to any hearing pursuant to ORS 144.613 to 144.617,
the parolee or probationer:

(a) Shall have reasonable notice in writing of the nature and
content of the allegations to be made, including notice that its purpose
is to determine whether there is probable cause to believe that the
parolee or probationer has committed a violation that may lead to a
revocation of parole or probation.

(b) Shall be permitted to confer with any person whose assistance
the parolee or probationer reasonably desires, prior to the hearing.

(c) Shall have the right to confront and examine any persons who
have made allegations against the parolee or probationer, unless the
hearing officer determines that such confrontation would present a
substantial present or subsequent danger of harm to such person or
persons.

(d) May admit, deny or explain the violation alleged and may
present proof, including affidavits and other evidence, in support of the
contentions of the parolee or probationer. A record of the proceedings
shall be made and preserved. [1973 c.489 §§2,3; 1987 c.320 §78]In any case of alleged parole or probation violation by a
person being supervised in another state pursuant to the Uniform Act for
Out-of-State Supervision any appropriate judicial or administrative
officer or agency in another state is authorized to hold a hearing on the
alleged violation. Upon receipt of the record of a parole or probation
violation hearing held in another state pursuant to a statute
substantially similar to ORS 144.613 to 144.617, such record shall have
the same standing and effect as though the proceeding of which it is a
record was had before the appropriate officer or officers in this state,
and any recommendations contained in or accompanying the record shall be
fully considered by the appropriate officer or officers of this state in
making disposition of the matter. [1973 c.489 §4]ORS 144.610 may be cited as the Uniform Act
for Out-of-State Supervision.For purposes of ORS 144.610 and 144.613 to
144.617, “parole” includes but is not limited to post-prison supervision,
and “parolee” includes but is not limited to persons on post-prison
supervision under rules adopted by the Oregon Criminal Justice
Commission. [1989 c.790 §37]Note: 144.622 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.SEX OFFENDERS; SPECIAL PROVISIONS(Pilot Treatment Program)(1) The Department of Corrections shall
establish a pilot treatment program for persons convicted of sex crimes
who are eligible for parole or post-prison supervision. The purpose of
the program is to reduce the risk of reoffending after release on parole
or post-prison supervision by providing, each year, 40 to 50 persons
convicted of sex crimes with hormone or antiandrogen, such as
medroxyprogesterone acetate, treatment.

(2) Under the program the department shall:

(a) Screen persons convicted of sex crimes who are eligible for
release within six months on parole or post-prison supervision to
determine their suitability for hormone or antiandrogen treatment upon
release;

(b) Refer persons found most likely to benefit from hormone or
antiandrogen treatment to a competent physician for medical evaluation;
and

(c) Refer those persons, unless medically contraindicated after the
evaluation by a competent physician, to a community physician to begin
hormone or antiandrogen treatment upon their release on parole or
post-prison supervision.

(3) The State Board of Parole and Post-Prison Supervision shall
require as a condition of parole or post-prison supervision hormone or
antiandrogen treatment during all or a portion of parole or post-prison
supervision of persons required to participate in the hormone or
antiandrogen treatment program described in subsection (2) of this
section.

(4) A person required to undergo a treatment program under
subsection (2) of this section violates a condition of parole or
post-prison supervision and is subject to sanctions if the person:

(a) Fails to cooperate in the treatment program required under
subsection (2) of this section; or

(b) Takes any steroid or other chemical to counteract the treatment
required under subsection (2) of this section. [1999 c.435 §1]Note: 144.625 to 144.631 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. (1) The Department of Corrections shall adopt rules
to implement and enforce the program of hormone or antiandrogen, such as
medroxyprogesterone acetate, treatment under ORS 144.625. Rules adopted
under this subsection shall include, but not be limited to:

(a) A requirement that the offender be informed of the effect of
the treatment program, including any side effects that may result from
the treatment program;

(b) A requirement that the offender acknowledge receipt of the
information the department is required to present to the offender under
paragraph (a) of this subsection;

(c) Procedures to monitor compliance with the treatment program; and

(d) Procedures to test for attempts to counteract the treatment
program that may include chemical testing of the offender’s blood and
urine.

(2) A supervisory authority defined under ORS 144.087 may contract
with community physicians, laboratories or other medical service
providers to administer the program of hormone or antiandrogen treatment
under ORS 144.625 or to monitor compliance with the treatment program.
[1999 c.435 §2]Note: See note under 144.625. A person required to undergo a program of
hormone or antiandrogen, such as medroxyprogesterone acetate, treatment
under ORS 144.625 shall pay all costs of the program directly to the
agency or organization administering the treatment program. [1999 c.435
§3]Note: See note under 144.625.Nothing in ORS 144.625 or 144.627 prohibits
the State Board of Parole and Post-Prison Supervision from requiring
hormone or antiandrogen treatment for a person whom the Department of
Corrections did not screen or evaluate as described in ORS 144.625. [1999
c.435 §5]Note: See note under 144.625.(Sexually Violent Dangerous Offenders) (1) As used in this
section and ORS 144.637:

(a) “History of sexual assault” means that a person has engaged in
unlawful sexual conduct that:

(A) Is not related to the crime for which the person is currently
on parole or post-prison supervision; and

(B) Seriously endangered the life or safety of another person or
involved a victim under 12 years of age.

(b) “Sexually violent dangerous offender” means a person who has
psychopathic personality features, sexually deviant arousal patterns or
interests and a history of sexual assault, and who the State Board of
Parole and Post-Prison Supervision or local supervisory authority finds
presents a substantial probability of committing an offense listed in
subsection (3) of this section.

(2) When a person is released from custody after serving a sentence
of incarceration as a result of conviction for an offense listed in
subsection (3) of this section, the board or local supervisory authority
shall subject the person to intensive supervision for the full period of
the person’s parole or post-prison supervision if:

(a) The person was 18 years of age or older at the time the person
committed the offense; and

(b) The board or local supervisory authority finds that the person
is a sexually violent dangerous offender.

(3) The crimes to which subsection (2) of this section applies are:

(a) Rape in the first degree and sodomy in the first degree if the
victim was:

(A) Subjected to forcible compulsion by the person;

(B) Under 12 years of age; or

(C) Incapable of consent by reason of mental defect, mental
incapacitation or physical helplessness;

(b) Unlawful sexual penetration in the first degree; and

(c) An attempt to commit a crime listed in paragraph (a) or (b) of
this subsection. [1999 c.924 §1]Note: 144.635 to 144.639 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. The Department of Corrections and the State Board of
Parole and Post-Prison Supervision, in consultation with local
supervisory authorities, shall jointly adopt rules establishing:

(1) Procedures for identifying sexually violent dangerous
offenders; and

(2) Methods of intensive supervision for sexually violent dangerous
offenders. [1999 c.924 §2]Note: See note under 144.635.Once each biennium, the
Department of Corrections, the State Board of Parole and Post-Prison
Supervision and local supervisory authorities shall determine the number
of offenders expected to be classified as sexually violent dangerous
offenders during the following biennium. The department shall use the
number in calculating the budget for the community corrections division
of the department for the following biennium. [1999 c.924 §4]Note: See note under 144.635.(Sex Offender Residence Requirements)As used in this section and ORS 144.642,
144.644 and 144.646:

(1) “Dwelling” has the meaning given that term in ORS 469.160.

(2) “Dwelling” does not include a residential treatment facility or
a halfway house.

(3) “Halfway house” means a publicly or privately operated profit
or nonprofit residential facility that provides rehabilitative care and
treatment for sex offenders.

(4) “Locations where children are the primary occupants or users”
includes, but is not limited to, public and private elementary and
secondary schools and licensed day care centers.

(5) “Sex offender” means a:

(a) Sexually violent dangerous offender as defined in ORS 137.765;
or

(b) Predatory sex offender as described in ORS 181.585.

(6) “Transitional housing” means housing intended to be occupied by
a sex offender for 45 days or less immediately after release from
incarceration. [2001 c.365 §1; 2005 c.576 §4]Note: 144.641 to 144.646 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.(1) The Department of Corrections, in
consultation with the State Board of Parole and Post-Prison Supervision
and community corrections agencies, shall adopt rules establishing
criteria to be considered in determining the permanent residence
requirements for a sex offender released on post-prison supervision or
parole. Transitional housing is not subject to permanent residence
requirements. The department shall include in the rules:

(a) A general prohibition against allowing a sex offender to reside
near locations where children are the primary occupants or users;

(b) The bases upon which exceptions to the general prohibition
required by paragraph (a) of this subsection are authorized;

(c) A prohibition against allowing a sex offender to reside in any
dwelling in which another sex offender on probation, parole or
post-prison supervision resides unless authorized as provided in ORS
144.102 (3)(b)(M); and

(d) A process that allows communities and community corrections
agencies that would be affected by a decision about the location of a sex
offender’s residence to be informed of the decision making process before
the offender is released.

(2) Based upon the rules adopted under subsection (1) of this
section, the department shall develop a decision matrix to be used in
determining the permanent residence requirements for a sex offender.
[2001 c.365 §2; 2005 c.576 §5]Note: See note under 144.641.(1) The State Board of Parole
and Post-Prison Supervision, in consultation with the Department of
Corrections and community corrections agencies, shall adopt rules
establishing criteria to be considered:

(a) In reviewing the proposed residence of a sex offender in a
release plan under ORS 144.096 or a parole plan under ORS 144.125; and

(b) In determining the residence of a sex offender in a release
plan under ORS 144.096, as a condition of post-prison supervision under
ORS 144.102 or as a condition of parole under ORS 144.270.

(2) The board shall include in the rules:

(a) A general prohibition against allowing a sex offender to reside
near locations where children are the primary occupants or users;

(b) The bases upon which exceptions to the general prohibition
required by paragraph (a) of this subsection are authorized;

(c) A prohibition against allowing a sex offender to reside in any
dwelling in which another sex offender on probation, parole or
post-prison supervision resides unless authorized as provided in ORS
144.102 (3)(b)(M); and

(d) A process that allows communities and community corrections
agencies that would be affected by a decision about the location of a sex
offender’s residence to be informed of the decision making process before
the offender is released.

(3) Based upon the rules adopted under subsections (1) and (2) of
this section, the board shall develop a decision matrix to be used in
determining the specific residence for a sex offender. [2001 c.365 §3;
2005 c.576 §6]Note: See note under 144.641.
When a community corrections agency reviews a proposed release plan for a
sex offender, the agency shall follow the rules adopted by and utilize
the decision matrix developed by the Department of Corrections under ORS
144.642 in making decisions about the permanent residence of the sex
offender. [2001 c.365 §4]Note: See note under 144.641.EXECUTIVE CLEMENCYUpon such conditions and with
such restrictions and limitations as the Governor thinks proper, the
Governor may grant reprieves, commutations and pardons, after
convictions, for all crimes and may remit, after judgment therefor, all
penalties and forfeitures. [Formerly 144.640](1) When an application for a pardon,
commutation or remission is made to the Governor, a copy of the
application, signed by the person applying and stating fully the grounds
of the application, shall be served upon:

(a) The district attorney of the county where the conviction was
had;

(b) If the person applying is housed in a correctional facility
within the State of Oregon, the district attorney of the county in which
the correctional facility is located;

(c) The State Board of Parole and Post-Prison Supervision; and

(d) The Director of the Department of Corrections.

(2) Proof by affidavit of the service shall be presented to the
Governor.

(3) Upon receiving a copy of the application for pardon,
commutation or remission, any person or agency named in subsection (1) of
this section shall provide to the Governor as soon as practicable such
information and records relating to the case as the Governor may request
and shall provide further information and records relating to the case
that the person or agency considers relevant to the issue of pardon,
commutation or remission, including but not limited to:

(a) Statements by the victim of the crime or any member of the
victim’s immediate family, as defined in ORS 163.730;

(b) A statement by the district attorney of the county where the
conviction was had; and

(c) Photos of the victim and the autopsy report, if applicable.

(4) Following receipt by the Governor of an application for pardon,
commutation or remission, the Governor shall not grant the application
for at least 30 days. Upon the expiration of 180 days, if the Governor
has not granted the pardon, commutation or remission applied for, the
application shall lapse. Any further proceedings for pardon, commutation
or remission in the case shall be pursuant only to further application
and notice. [Formerly 143.040; 1983 c.776 §1; 1987 c.320 §79; 1995 c.805
§1] The Governor
shall report to the Legislative Assembly in the manner provided in ORS
192.245 each reprieve, commutation or pardon granted since the previous
report to the Legislative Assembly required by this section. The report
shall include, but not be limited to the reason for granting the
reprieve, commutation or pardon, the name of the applicant, the crime of
which the applicant was convicted, the sentence and its date, statements
by the victim of the crime or any member of the victim’s immediate
family, as defined in ORS 163.730, a statement by the district attorney
where the conviction was had, photos of the victim, the autopsy report,
if applicable, and the date of the commutation, pardon or reprieve. The
Governor shall communicate a like statement of particulars in relation to
each case of remission of a penalty or forfeiture, with the amount
remitted. [Formerly 143.050; 1995 c.805 §2] When the Governor grants a
reprieve, commutation or pardon or remits a fine or forfeiture, the
Governor shall within 10 days thereafter file all the papers presented to
the Governor in relation thereto in the office of the Secretary of State,
by whom they shall be kept as public records, open to public inspection.
[Formerly 143.060]MISCELLANEOUS PROVISIONSAll public
officials shall cooperate with the State Board of Parole and Post-Prison
Supervision and the Department of Corrections, and give to the board or
department, its officers and employees such information as may be
necessary to enable them to perform their functions. [Amended by 1973
c.836 §310; 1987 c.320 §80]Nothing in ORS 144.005 to 144.025,
144.040, 144.050, 144.060, 144.075, 144.185, 144.226, 144.228, 144.260 to
144.380, 144.410 to 144.610, 144.620, 144.710 or this section shall be
construed as impairing or restricting the power given by law to the judge
of any court to suspend execution of any part of a sentence or to impose
probation as part of a sentence to any person who is convicted of a crime
before such person is committed to serve the sentence for the crime.
[Amended by 1985 c.283 §5; 1989 c.790 §47b; 1993 c.14 §17]ADVISORY COMMISSION ON PRISON TERMS AND PAROLE STANDARDS(1) There is hereby established an Advisory Commission
on Prison Terms and Parole Standards. The commission shall consist of
equal numbers of State Board of Parole and Post-Prison Supervision
members and circuit court judges appointed by the Chief Justice of the
Supreme Court. The legal counsel to the Governor shall serve as an ex
officio member of the commission and shall not vote unless necessary to
break a voting deadlock. The Director of the Department of Corrections
shall act as an advisor to the commission.

(2) The term of office of each of the members appointed by the
Chief Justice is four years. Before the expiration of the term of any of
those members, the Chief Justice shall appoint a successor whose term
begins on July 1 next following. A member is eligible for reappointment.
If there is a vacancy for any cause, the Chief Justice shall make an
appointment to become immediately effective for the unexpired term.

(3) A member of the commission shall receive no compensation for
services as a member. However, all members may receive actual and
necessary travel and other expenses incurred in the performance of their
official duties under ORS 292.495.

(4) The chairperson of the State Board of Parole and Post-Prison
Supervision and a judge elected by the judicial members shall serve in
alternate years as chairperson of the commission. The chairperson and a
vice chairperson shall be elected prior to July 1 of each year to serve
for the year following. The commission shall adopt its own bylaws and
rules of procedure. A majority of the commission members shall constitute
a quorum for the transaction of business. An affirmative vote of a
majority of the members shall be required to make proposals to the board
under ORS 144.775 to 144.791.

(5) The commission shall meet at least annually at a place and time
determined by the chairperson and at such other times and places as may
be specified by the chairperson or five members of the commission.

(6) The State Board of Parole and Post-Prison Supervision shall
provide the commission with the necessary clerical and secretarial staff
support and shall keep the members of the commission fully informed of
the experience of the board in applying the standards derived from those
proposed by the commission.

(7) The commission shall propose to the State Board of Parole and
Post-Prison Supervision and the board shall adopt rules establishing
ranges of duration of imprisonment and variations from the ranges. In
establishing the ranges and variations, factors provided in ORS 144.780
and 144.785 shall be considered. [1977 c.372 §1; 1983 c.740 §20; 1987
c.320 §81; 1991 c.126 §7](1) The commission shall propose to
the board and the board shall adopt rules establishing ranges of duration
of imprisonment to be served for felony offenses prior to release on
parole. The range for any offense shall be within the maximum sentence
provided for that offense.

(2) The ranges shall be designed to achieve the following
objectives:

(a) Punishment which is commensurate with the seriousness of the
prisoner’s criminal conduct; and

(b) To the extent not inconsistent with paragraph (a) of this
subsection:

(A) The deterrence of criminal conduct; and

(B) The protection of the public from further crimes by the
defendant.

(3) The ranges, in achieving the purposes set forth in subsection
(2) of this section, shall give primary weight to the seriousness of the
prisoner’s present offense and criminal history. Existing correctional
resources shall be considered in establishing the ranges. [1977 c.372 §2;
1985 c.163 §1](1) When a prisoner is sentenced to two or more
consecutive terms of imprisonment, the duration of the term of
imprisonment shall be the sum of the terms set by the State Board of
Parole and Post-Prison Supervision pursuant to the ranges established for
the offenses, subject to ORS 144.079, and subject to the variations
established pursuant to ORS 144.785 (1).

(2) The duration of imprisonment pursuant to consecutive sentences
may be less than the sum of the terms under subsection (1) of this
section if the board finds, by affirmative vote of a majority of its
members that consecutive sentences are not appropriate penalties for the
criminal offenses involved and that the combined terms of imprisonment
are not necessary to protect community security. [1987 c.634 §2; 1991
c.126 §9](1) The commission shall propose to the board and the board shall adopt
rules regulating variations from the ranges, to be applied when
aggravating or mitigating circumstances exist. The rules shall define
types of circumstances as aggravating or mitigating and shall set the
maximum variation permitted.

(2) In no event shall the duration of the actual imprisonment under
the ranges or variations from the ranges exceed the maximum term of
imprisonment fixed for an offense, except in the case of a prisoner who
has been sentenced under ORS 161.725 as a dangerous offender, in which
case the maximum term shall not exceed 30 years. [1977 c.372 §3; 1981
c.547 §1; 1987 c.634 §3]The Advisory Commission on Prison Terms and
Parole Standards and the State Board of Parole and Post-Prison
Supervision shall provide, in rules adopted under ORS 144.785, that, in
the case of a crime involving a physical or sexual assault, a victim’s
particular vulnerability to injury in such case due to the victim’s
youth, advanced age or physical disability, shall constitute an
aggravating circumstance justifying a variation from the range of
duration of imprisonment otherwise applicable in the case. [1985 c.767 §3]PRESENTENCE REPORTS(1) When a person is convicted of a felony, including a felony
sexual offense, the sentencing court may order a presentence report upon
its own motion or upon the request of the district attorney or the
defendant.

(2) The sentencing court shall order a presentence report if the
defendant is convicted of a felony sexual offense unless:

(a) The defendant, as part of the same prosecution, is convicted of
aggravated murder;

(b) The felony sexual offense requires the imposition of a
mandatory minimum prison sentence and no departure is sought by the
court, district attorney or defendant; or

(c) The felony sexual offense requires imposition of a presumptive
prison sentence and no departure is sought by the court, district
attorney or defendant.

(3) The Department of Corrections shall:

(a) Require that a presentence report provide an analysis of what
disposition is most likely to reduce the offender’s criminal conduct,
explain why that disposition would have that effect and provide an
assessment of the availability to the offender of any relevant programs
or treatment in or out of custody, whether provided by the department or
another entity;

(b) Determine what additional information must be included in the
presentence report; and

(c) Establish a uniform presentence report form. [1995 c.520 §4
(enacted in lieu of 144.790); 2005 c.473 §1]

_______________