Parole

ORS 144.085
Active parole and post-prison supervision

  • minimum amounts
  • extension

(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 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous), for aggravated murder under ORS 163.105 (Sentencing options for aggravated murder) or for murder in any degree under ORS 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree) 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 (Rape in the second degree), 163.375 (Rape in the first degree), 163.395 (Sodomy in the second degree), 163.405 (Sodomy in the first degree), 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree), 163.425 (Sexual abuse in the second degree) or 163.427 (Sexual abuse in the first degree) shall serve a term of active parole that extends for the entire term of the offender’s sentence or a term of active post-prison supervision as provided in ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses); and

(e)

Prisoners sentenced for robbery in the first degree under ORS 164.415 (Robbery in the first degree) or for arson in the first degree under ORS 164.325 (Arson in the first degree) 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; 2006 c.1 §4; 2013 c.708 §30; 2019 c.635 §13]
Note: 144.085 (Active parole and post-prison supervision) 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.

Notes of Decisions

Requirement that person remain on parole until expiration of sentence could not constitutionally be imposed retroactively to eliminate opportunity previously available for early discharge from parole. Byrnes v. Board of Parole, 134 Or App 296, 894 P2d 1252 (1995)

Board authority with regard to prisoners sentenced for enumerated sex crimes is term of post-prison supervision, not term of supervised parole. Fernandez v. Board of Parole, 137 Or App 247, 904 P2d 1071 (1995); Williford v. Board of Parole, 137 Or App 254, 904 P2d 1074 (1995), Sup Ct review denied

State Board of Parole and Post-Prison Supervision lacks authority to extend post-prison supervision term beyond term imposed by court. Gaynor v. Board of Parole, 165 Or App 609, 996 P2d 1020 (2000)

§§ 144.005 to 144.270

Law Review Citations

55 OLR 303-347 (1976)

Chapter 144

Notes of Decisions

Under rules of State Board of Parole, board could not in determining history/risk score, consider juvenile adjudications that had been expunged pursuant to [former] ORS 419.800 to 419.839, even if prisoner admits to board that they occurred. West v. Board of Parole, 86 Or App 616, 739 P2d 1096 (1987)

Law Review Citations

53 OLR 32, 67-79 (1973)

Source

Last accessed
Jun. 26, 2021

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