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.

Source: Section 144.085 — Active parole and post-prison supervision; minimum amounts; extension, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

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
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

§ 144.085’s source at oregon​.gov