ORS 144.079
Determination of total term of certain consecutive sentences of imprisonment

  • summing of sentences
  • exceptions

(1)

Intentionally left blank —Ed.

(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 (Duration of term of imprisonment when prisoner is sentenced to consecutive terms) (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 (Rules on duration of prison terms when aggravating or mitigating circumstances exist) (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 in any degree, as defined in ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree), or any aggravated form thereof;

(b)

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

(c)

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

(d)

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

(e)

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

(f)

Unlawful sexual penetration, as defined in ORS 163.411 (Unlawful sexual penetration in the first degree);

(g)

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

(h)

Treason, as defined in ORS 166.005 (Treason).

(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 three board members or, if the chairperson requires all voting members to participate, a majority of all voting 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 board 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; 2015 c.820 §42; 2019 c.635 §12]
Note: 144.079 (Determination of total term of certain consecutive sentences of imprisonment) 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.

Source: Section 144.079 — Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

Notes of Decisions

Where defendant was convicted of first degree rape, first degree sodomy and two counts of sexual abuse, part of his consecutive sentence was imposed for crime listed in this section and aggravation factor for consecutive sentences did not apply. Plane v. Board of Parole, 114 Or App 60, 834 P2d 549 (1992)

Determination of release eligibility date using summed-range method rather than principal- and base-range method for listed crimes committed prior to statute enactment date violates United States constitutional prohibition against ex post facto laws. Nulph v. Faatz, 27 F3d 451 (9th Cir. 1994)

144.005
State Board of Parole and Post-Prison Supervision 144.015
Confirmation by Senate 144.025
Chairperson 144.035
Board hearings 144.040
Board to determine parole and post-prison supervision violations 144.050
Power of board to authorize parole 144.054
When board decision must be reviewed by at least three board members 144.059
State Board of Parole and Post-Prison Supervision Account 144.060
Acceptance of funds or property 144.075
Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation 144.079
Determination of total term of certain consecutive sentences of imprisonment 144.083
Early discharge from supervision 144.085
Active parole and post-prison supervision 144.086
Supervision conditions related to medical use of cannabis 144.087
“Supervisory authority” defined 144.089
Community service exchange programs 144.096
Release plan 144.098
Review of release plan 144.101
Board’s jurisdiction over conditions of post-prison supervision 144.102
Conditions of post-prison supervision 144.103
Term of active post-prison supervision for person convicted of certain offenses 144.104
Supervisory authority 144.106
Violation of post-prison supervision conditions 144.107
Sanctions for violations of conditions of post-prison supervision 144.108
Recommitment to prison for certain violations 144.109
Violation of post-prison supervision by sexually violent dangerous offender 144.110
Restriction on parole of persons sentenced to minimum terms 144.120
Initial parole hearing 144.122
Advancing initial release date 144.123
Who may accompany person to parole hearing 144.125
Review of parole plan, psychological reports and conduct prior to release 144.126
Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated 144.130
Prisoner to have access to written materials considered at hearings or interviews 144.135
Bases of parole decisions to be in writing 144.140
Rules 144.185
Records and information available to board 144.223
Examination by psychiatrist or psychologist of parole candidate 144.226
Examination by psychiatrist or psychologist of person sentenced as dangerous offender 144.228
Periodic parole consideration hearings for dangerous offenders 144.232
Release of dangerous offender to post-prison supervision 144.245
Date of release on parole 144.260
Notice of prospective release on parole or post-prison supervision 144.270
Conditions of parole 144.275
Parole of adults in custody sentenced to pay compensatory fines or make restitution 144.280
Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989 144.285
Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder 144.315
Evidence admissible before board 144.317
Appointment of attorneys 144.331
Suspension of parole or post-prison supervision 144.334
Use of citations for parole or post-prison supervision violators 144.335
Appeal from order of board to Court of Appeals 144.337
Public Defense Services Commission to provide counsel for eligible petitioners 144.340
Power to retake and return violators of parole and post-prison supervision 144.341
Procedure upon arrest of violator 144.343
Hearing required on revocation 144.345
Revocation of parole 144.346
Parole revocation sanctions 144.347
Subpoena power of board 144.349
When ORS 144.343 does not apply 144.350
Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release 144.360
Effect of order for arrest and detention of violator 144.370
Suspension of parole or post-prison supervision following order for arrest and detention 144.374
Deputization of persons in other states to act in returning Oregon violators 144.376
Contracts for sharing expense with other states of cooperative returns of violators 144.380
Violator as fugitive from justice 144.395
Rerelease of persons whose parole has been revoked 144.397
Release eligibility for juvenile offenders after 15 years of imprisonment 144.404
Department of Corrections authority to receive, hold and dispose of property 144.405
Duty of officer upon seizure 144.406
Petition for return of things seized 144.407
Grounds for valid claim to rightful possession 144.408
Hearing on petition 144.409
Granting petition for return of things seized 144.410
Definitions for ORS 144.410 to 144.525 144.420
Department of Corrections to administer work release program 144.430
Duties of department in administering program 144.440
Recommendation by sentencing court 144.450
Approval or rejection of recommendations 144.460
Contracts for quartering of enrollees 144.470
Disposition of enrollee’s compensation under program 144.480
Protections and benefits for enrollees 144.490
Status of enrollees 144.500
Effect of violation or unexcused absence by enrollee 144.515
Release terminates enrollment 144.522
Revolving fund 144.525
Custody of enrollee earnings deducted or otherwise retained by department 144.600
Interstate Compact for Adult Offender Supervision 144.602
Short title 144.603
Withdrawal from compact 144.605
Fee for application to transfer supervision 144.610
Out-of-state supervision of parolees 144.613
Notice when parole or probation violated 144.615
Hearing procedure 144.617
Hearing on violation in another state 144.620
Short title 144.622
“Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision 144.635
Intensive supervision 144.637
Rules 144.639
Projecting number of persons to be classified as sexually violent dangerous offenders 144.641
Definitions 144.642
Criteria for determining residence 144.644
Criteria for determining residence 144.646
Use of rules and matrix by community corrections agency 144.649
Granting reprieves, commutations and pardons generally 144.650
Notice of intention to apply for pardon, commutation or remission 144.653
Sealing records of pardoned conviction 144.655
Request to seal records of pardoned conviction 144.660
Report to legislature by Governor 144.670
Filing of papers by Governor 144.710
Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections 144.720
Judge’s power to suspend execution of sentence or grant probation prior to commitment 144.730
Failure to complete treatment program 144.740
Request for appearance by prosecuting attorney at release date hearing 144.750
Victim’s rights 144.775
Commission members 144.780
Rules on duration of imprisonment 144.783
Duration of term of imprisonment when prisoner is sentenced to consecutive terms 144.785
Rules on duration of prison terms when aggravating or mitigating circumstances exist 144.787
Rules on age or physical disability of victim constituting aggravating circumstance 144.791
Presentence report in felony conviction cases
Green check means up to date. Up to date

Current through early 2024

§ 144.079’s source at oregon​.gov