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]
(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)(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)(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]
Law Review Citations
55 OLR 303-347 (1976)
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)