Parole

ORS 144.122
Advancing initial release date

  • requirements
  • exceptions
  • rules

(1)

After the initial parole release date has been set under ORS 144.120 (Initial parole hearing) and after a minimum period of time established by the State Board of Parole and Post-Prison Supervision under subsection (2)(a) of this section, the prisoner may request that the parole release date be reset to an earlier date. The board may grant the request upon a determination by the board that continued incarceration is cruel and inhumane and that resetting the release date to an earlier date is not incompatible with the best interests of the prisoner and society and that the prisoner:

(a)

Has demonstrated an extended course of conduct indicating outstanding reformation;

(b)

Suffers from a severe medical condition including terminal illness; or

(c)

Is elderly and is permanently incapacitated in such a manner that the prisoner is unable to move from place to place without the assistance of another person.

(2)

The Advisory Commission on Prison Terms and Parole Standards may propose to the board and the board shall adopt rules:

(a)

Establishing minimum periods of time to be served by prisoners before application may be made for a reset of release date under subsection (1) of this section;

(b)

Detailing the criteria set forth under subsection (1) of this section for the resetting of a parole release date; and

(c)

Establishing criteria for parole release plans for prisoners released under this section that, at a minimum, must ensure appropriate supervision and services for the person released.

(3)

The provisions of subsection (1)(b) of this section apply to prisoners sentenced in accordance with ORS 161.610 (Enhanced penalty for use of firearm during commission of felony).

(4)

The provisions of this section do not apply to prisoners sentenced to life imprisonment without the possibility of release or parole under ORS 138.052 (Appeal from judgment of conviction and sentence of death) or 163.150 (Sentencing for aggravated murder).

(5)

If the victim has requested notification of the release of the prisoner, the board shall notify the victim as described in ORS 144.750 (Victim’s rights) (3) prior to any hearing or administrative decision under this section. [1983 c.489 §2; 1991 c.133 §1; 1993 c.198 §1; 1999 c.1055 §13; 2001 c.104 §49; 2015 c.230 §1]
Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms).

Notes of Decisions

Parole Board order under ORS 144.135 complies with this section, requiring board to state in writing bases of its decision, when order discloses that board decided not to advance petitioner's parole release date. Cabantoy v. Board of Parole, 88 Or App 621, 746 P2d 756 (1987)

After Board of Parole votes to override judicial minimum sentence in order to allow petitioner's request for earlier release date under this section, board need not set new initialrelease date. Jeldness v. Board of Parole, 92 Or App 323, 759 P2d 1102 (1988), Sup Ct review denied; Smith v. Board of Parole, 126 Or App 568, 869 P2d 881 (1994), Sup Ct review denied

Board can consider seriousness of crime in determining amount of reduction to which prisoner is entitled. Smith v. Board of Parole, 126 Or App 568, 869 P2d 881 (1994), Sup Ct review denied

Atty. Gen. Opinions

Board's "reset' authority under this section and Department of Corrections authority to reduce term of incarceration could not be applied so that entire prison population would be subject to one set of standards, (1989) Vol 46, p 275

§§ 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

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