ORS 144.098
Review of release plan

(1)

When the State Board of Parole and Post-Prison Supervision or a local supervisory authority responsible for correctional services for an adult in custody reviews the release plan prior to approval of the plan as required by ORS 144.096 (Release plan), it may interview the adult in custody and may review the following information:

(a)

Reports of any physical, psychiatric or psychological examinations of the adult in custody;

(b)

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

(c)

The record of the conduct of the adult in custody during confinement; and

(d)

Any other information relevant to the reintegration of the adult in custody into the community that may be submitted by the adult in custody, the attorney of the adult in custody, 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 adult in custody 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 adult in custody. However, if the psychiatrist or psychologist who prepared the report or any treating psychiatrist or psychologist determines that disclosure to the adult in custody of the contents of the report would be detrimental to the mental or emotional health of the adult in custody, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the adult in custody. 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; 2019 c.213 §28]
Note: See second note under 144.096 (Release plan).
Note: Sections 29, 33 and 38 (2), chapter 649, Oregon Laws 2013, provide:
Sec. 29. Reentry courts. (1) When a circuit court in a participating county sentences a person to a term of imprisonment, the court may order that the person participate in a reentry court, subject to admission under subsection (3) of this section, as a condition of post-prison supervision.

(2)

At any time prior to the termination of post-prison supervision, the supervisory authority may provide a report to the reentry court recommending that a person sentenced under subsection (1) of this section be admitted into the reentry court.

(3)

When a reentry court receives a report described in subsection (2) of this section, or an adult in custody release plan prepared under ORS 144.096 (Release plan), that recommends the admission of a person sentenced under subsection (1) of this section into a reentry court, the court may enter an order admitting the person into the reentry court.

(4)

Notwithstanding ORS 137.124 (Commitment of defendant to Department of Corrections or county) and 423.478 (Duties of department and counties) and any other provision of law, when a court enters an order admitting a person into a reentry court, the court may:

(a)

Issue a warrant and cause the person to be arrested for violating a condition of post-prison supervision.

(b)

Appoint counsel to represent the person in accordance with ORS 135.050 (Eligibility for court-appointed counsel), if the person is financially eligible.

(c)

Determine whether the conditions of post-prison supervision have been violated and impose sanctions for the violations.

(5)

Intentionally left blank —Ed.

(a)

When the court conducts a post-prison supervision violation hearing under this section, the person may admit or deny alleged violations of conditions of post-prison supervision. The person and the state may present evidence at the hearing.

(b)

If the court determines by a preponderance of the evidence that a person admitted into a reentry court has violated the conditions of post-prison supervision, the court may impose sanctions for the violations that are consistent with the rules adopted under ORS 144.106 (Violation of post-prison supervision conditions) and 144.107 (Sanctions for violations of conditions of post-prison supervision), except that the court may not impose a sanction of imprisonment in a correctional facility that exceeds 12 months.

(6)

Intentionally left blank —Ed.

(a)

When a court issues a warrant under this section and causes a person admitted into a reentry court to be arrested and taken into custody for violating a condition of post-prison supervision, the person shall be brought before a magistrate during the first 36 hours in custody, excluding Saturdays, Sundays and holidays. The magistrate may order the person held pending a violation hearing or transferred to the county in which the reentry court is located, or may release the person upon the condition that the person appear in court at a later date for a post-prison violation hearing. If the person is held on an out-of-county warrant, the magistrate may order the person released subject to an additional order that the person report within seven calendar days to the reentry court.

(b)

Except for good cause shown, if the person is held in custody and the violation hearing is not held within 14 calendar days following the person’s arrest, the person shall be released from custody.

(7)

As used in this section, “participating county” means a county:

(a)

That has applied for and received a grant under section 53, chapter 649, Oregon Laws 2013, to administer a reentry court; and

(b)

For which the presiding judge of the judicial district in which the county is located issues an order establishing a reentry court steering committee consisting of:

(A)

A circuit court judge;

(B)

A district attorney;

(C)

A criminal defense attorney;

(D)

A parole and probation officer;

(E)

A representative of the business community;

(F)

A representative of the education community; and

(G)

Any other person the presiding judge determines is appropriate. [2013 c.649 §29; 2019 c.213 §118]
Sec. 33. Section 29 of this 2013 Act is repealed on July 1, 2023. [2013 c.649 §33]
Sec. 38. (2) The repeal of section 29 of this 2013 Act by section 33 of this 2013 Act and the amendments to ORS 40.015 (Rule 101. Applicability of Oregon Evidence Code), 144.096 (Release plan), 144.101 (Board’s jurisdiction over conditions of post-prison supervision) and 144.106 (Violation of post-prison supervision conditions) by sections 34 to 37 of this 2013 Act do not affect the jurisdiction of a reentry court over a person sentenced under section 29 of this 2013 Act. [2013 c.649 §38(2)]

Source: Section 144.098 — Review of release plan, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

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

§ 144.098’s source at oregon​.gov