Parole
Advancing initial release date
- requirements
- exceptions
- rules
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
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)