Parole

ORS 144.096
Release plan

  • contents
  • rules


(1)

(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release.

(b)

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 prior to the release.

(c)

If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.

(d)

The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.

(e)

If an adult in custody was sentenced under section 29, chapter 649, Oregon Laws 2013, and the release plan recommends that the adult in custody participate in a reentry court, the board shall provide a copy of the release plan to the reentry court.

(2)

The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the release from jail. The local supervisory authority shall approve the release plan under its rules. If the adult in custody was sentenced under section 29, chapter 649, Oregon Laws 2013, and the supervisory authority recommends that the adult in custody participate in a reentry court, the supervisory authority shall provide a copy of the release plan to the reentry court.

(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 adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;

(b)

The recommended conditions of post-prison supervision;

(c)

The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;

(d)

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

(e)

For all adults in custody whose sentence to make restitution under ORS 137.106 (Restitution to victims) has been suspended for the term of imprisonment, a restitution payment schedule; and

(f)

Any conditions necessary to assist the reformation of the adult in custody. [1989 c.790 §32; 1997 c.525 §6; 2013 c.649 §30; 2017 c.40 §1; 2017 c.438 §1; 2019 c.213 §26]
Note: The amendments to 144.096 (Release plan) by section 35, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, including amendments by section 2, chapter 40, Oregon Laws 2017, section 2, chapter 438, Oregon Laws 2017, and section 27, chapter 213, Oregon Laws 2019, is set forth for the user’s convenience.
144.096 (Release plan). (1)(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release.

(b)

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 prior to the release.

(c)

If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.

(d)

The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.

(2)

The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the 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 adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;

(b)

The recommended conditions of post-prison supervision;

(c)

The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;

(d)

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

(e)

For all adults in custody whose sentence to make restitution under ORS 137.106 (Restitution to victims) has been suspended for the term of imprisonment, a restitution payment schedule; and

(f)

Any conditions necessary to assist the reformation of the adult in custody.
Note: Section 31, chapter 790, Oregon Laws 1989, provides:
Sec. 31. Sections 32 to 36 of this 1989 Act [144.096 (Release plan), 144.098 (Review of release plan), 144.102 (Conditions of post-prison supervision), 144.104 (Supervisory authority), 144.106 (Violation of post-prison supervision conditions) and 144.108 (Recommitment to prison for certain violations)] apply only to defendants convicted of a felony committed on or after November 1, 1989. [1989 c.790 §31]

Notes of Decisions

If facts in record developed by Board of Parole and Post-Prison Supervision explain connection between imposed condition and statutory objectives of protecting public and reforming offender, condition is "necessary" and within range of board discretion, notwithstanding lack of fact-finding recitation. Martin v. Board of Parole, 327 Or 147, 957 P2d 1210 (1998)

§§ 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