ORS 144.102
Conditions of post-prison supervision
Amended by SB 1510
Effective since March 23, 2022
Relating to public safety; creating new provisions; amending ORS 131.615, 137.540, 144.102, 181A.530 and 810.410 and sections 8, 12, 33, 38, 53, 56 and 60, chapter 649, Oregon Laws 2013, and section 7, chapter 98, Oregon Laws 2018; and declaring an emergency.
(1)
The State Board of Parole and Post-Prison Supervision or local supervisory authority responsible for correctional services for a person shall specify in writing the conditions of post-prison supervision imposed under ORS 144.096 (Release plan). A copy of the conditions must be given to the person upon release from prison or jail.(2)
The board or the supervisory authority shall determine, and may at any time modify, the conditions of post-prison supervision, which may include, among other conditions, that the person shall:(a)
Comply with the conditions of post-prison supervision as specified by the board or supervisory authority.(b)
Be under the supervision of the Department of Corrections and its representatives or other supervisory authority and abide by their direction and counsel.(c)
Answer all reasonable inquiries of the board, the department or the supervisory authority.(d)
Report to the parole officer as directed by the board, the department or the supervisory authority.(e)
Not own, possess or be in control of any weapon.(f)
Respect and obey all municipal, county, state and federal laws.(g)
Understand that the board or supervisory authority may, at its discretion, punish violations of post-prison supervision.(h)
Attend a victim impact treatment session in a county that has a victim impact program.(i)
For crimes constituting delivery of a controlled substance, as those terms are defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), or for telephonic harassment under ORS 166.090 (Telephonic harassment), or for crimes involving domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), be prohibited from using Internet websites that provide anonymous text message services.(3)
If the person is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), the board or supervisory authority shall include as a condition of post-prison supervision that the person report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:(a)
When supervision begins;(b)
Within 10 days of a change in residence;(c)
Once each year within 10 days of the person’s date of birth;(d)
Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and(e)
Within 10 days of a change in work, vocation or attendance status at an institution of higher education.(4)
Intentionally left blank —Ed.(a)
The board or supervisory authority may establish special conditions that the board or supervisory authority considers necessary because of the individual circumstances of the person on post-prison supervision.(b)
If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), the board or supervisory authority shall include all of the following as special conditions of the person’s post-prison supervision:(A)
Agreement to comply with a curfew set by the board, the supervisory authority or the supervising officer.(B)
A prohibition against contacting a person under 18 years of age without the prior written approval of the board, supervisory authority or supervising officer.(C)
A prohibition against being present more than one time, without the prior written approval of the board, supervisory authority or supervising officer, at a place where persons under 18 years of age regularly congregate.(D)
In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board, supervisory authority or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.(E)
A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.(F)
Entry into and completion of or successful discharge from a sex offender treatment program approved by the board, supervisory authority or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.(G)
A prohibition against direct or indirect contact with the victim, unless approved by the victim, the person’s treatment provider and the board, supervisory authority or supervising officer.(H)
Unless otherwise indicated for the treatment required under subparagraph (F) of this paragraph, a prohibition against viewing, listening to, owning or possessing sexually stimulating visual or auditory materials that are relevant to the person’s deviant behavior.(I)
Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board or supervisory authority if the representative has reasonable grounds to believe that evidence of a violation of a condition of post-prison supervision will be found.(J)
Participation in random polygraph examinations to obtain information for risk management and treatment. The person is responsible for paying the expenses of the examinations. The results of a polygraph examination under this subparagraph may not be used in evidence in a hearing to prove a violation of post-prison supervision.(K)
Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board, supervisory authority or supervising officer.(L)
A prohibition against using a post-office box unless approved by the board, supervisory authority or supervising officer.(M)
A prohibition against residing in a dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board, supervisory authority or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or the director of the supervisory authority, or a designee of the board or director. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety.(c)
Intentionally left blank —Ed.(A)
If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), or an assault, as defined in ORS 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree), and the victim was under 18 years of age, the board or supervisory authority, if requested by the victim, shall include as a special condition of the person’s post-prison supervision that the person not reside within three miles of the victim unless:(i)
The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (7) of this section;(ii)
The person demonstrates to the board or supervisory authority by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;(iii)
The person demonstrates to the board or supervisory authority by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the post-prison supervision; or(iv)
The person resides in a halfway house.(B)
A victim may request imposition of the special condition of post-prison supervision described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim’s request may be included in the judgment document.(C)
If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to within three miles of the person’s residence, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.(d)
Intentionally left blank —Ed.(A)
If a person is on post-prison supervision following conviction of stalking under ORS 163.732 (Stalking) (2)(b) or violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order) (2)(b), the board or supervisory authority may include as a special condition of the person’s post-prison supervision reasonable residency restrictions.(B)
If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to a location that causes the person to be in violation of the special condition of post-prison supervision, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.(5)
Intentionally left blank —Ed.(a)
The board or supervisory authority may require the person to pay, as a condition of post-prison supervision, compensatory fines, restitution or attorney fees:(A)
As determined, imposed or required by the sentencing court; or(B)
When previously required as a condition of any type of supervision that is later revoked.(b)
The board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person:(A)
Was ordered to pay restitution as a result of another conviction; and(B)
Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered.(6)
A person’s failure to apply for or accept employment at a workplace where there is a labor dispute in progress does not constitute a violation of the conditions of post-prison supervision.(7)
Intentionally left blank —Ed.(a)
When a person is released from imprisonment on post-prison supervision, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.(b)
If the person was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county where the person resided at the time of the offense that resulted in the imprisonment.(c)
For purposes of paragraph (b) of this subsection:(A)
The board shall determine the county where the person resided at the time of the offense by examining records such as:(i)
An Oregon driver license, regardless of its validity;(ii)
Records maintained by the Department of Revenue;(iii)
Records maintained by the Department of State Police;(iv)
Records maintained by the Department of Human Services;(v)
Records maintained by the Department of Corrections; and(vi)
Records maintained by the Oregon Health Authority.(B)
If the person did not have an identifiable address at the time of the offense, or the address cannot be determined, the person is considered to have resided in the county where the offense occurred.(C)
If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.(D)
In determining the person’s county of residence, the board may not consider offenses committed by the person while the person was incarcerated in a Department of Corrections facility.(d)
Upon motion of the board, the supervisory authority, the person, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:(A)
The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;(B)
The person is found to pose a significant danger to a victim of the person’s crime residing in the county of residence, or a victim or victim’s family residing in the county of residence is found to pose a significant danger to the person;(C)
The person has a spouse or biological or adoptive family residing in a county other than the county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the post-prison supervision;(D)
As another condition of post-prison supervision, the person is required to participate in a treatment program that is not available in the county of residence;(E)
The person requests release to another state; or(F)
The board finds other good cause for the waiver.(e)
The board shall consider eligibility for transitional housing programs and residential treatment programs when determining whether to waive the residency condition under paragraph (b) of this subsection, and the acceptance of the person into a transitional housing program or a residential treatment program constitutes good cause as described in paragraph (d)(F) of this subsection.(8)
As used in this section:(a)
“Attends,” “carries on a vocation,” “institution of higher education” and “works” have the meanings given those terms in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).(b)
Intentionally left blank —Ed.(A)
“Dwelling” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118).(B)
“Dwelling” does not mean a residential treatment facility or a halfway house.(c)
“Halfway house” means a residential facility that provides rehabilitative care and treatment for sex offenders.(d)
“Labor dispute” has the meaning given that term in ORS 662.010 (Labor disputes). [1989 c.790 §32a; 1991 c.597 §1; 1995 c.423 §23; 1997 c.525 §8; 1997 c.526 §1; 1999 c.474 §1; 1999 c.626 §12; amendments by 1999 c.626 §35 repealed by 2001 c.884 §1; 2001 c.731 §§1,2; 2005 c.532 §1; 2005 c.567 §9; 2005 c.576 §2; 2005 c.642 §2a; 2007 c.71 §37; 2009 c.204 §6; 2009 c.595 §99; 2009 c.713 §12; 2011 c.258 §1; 2011 c.547 §30; 2017 c.438 §3; 2017 c.670 §4; 2017 c.689 §2; 2021 c.653 §6]
Source:
Section 144.102 — Conditions of post-prison supervision, https://www.oregonlegislature.gov/bills_laws/ors/ors144.html.
Notes of Decisions
Where prisoner is sentenced for some offenses subject to parole and some offenses subject to post-prison supervision, upon release, prisoner may be made subject to both parole and post-prison supervision. Kowalski v. Board of Parole and Post-Prison Supervision, 194 Or App 156, 93 P3d 831 (2004), Sup Ct review denied
Special condition of post-prison supervision is permissible unless special condition lacks discernable relationship to individual circumstances of supervised person or to protection of public. Weems v. Board of Parole, 221 Or App 70, 190 P3d 381 (2008), aff’d Weems/Roberts v. Board of Parole, 347 Or 586, 227 P3d 671 (2010)
Condition of post-prison supervision may be considered necessary under statute if board reasonably could view condition as essential to or required for objectives of public safety or offender reformation. Penn v. Bd. of Parole and Post-Prison Supervision, 365 Or 607, 451 P3d 589 (2019)
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