ORS 144.125
Review of parole plan, psychological reports and conduct prior to release

  • release postponement
  • elements of parole plan
  • Department of Corrections assistance
  • rules

(1)

Prior to the scheduled release of any prisoner on parole and prior to release rescheduled under this section, the State Board of Parole and Post-Prison Supervision may upon request of the Department of Corrections or on its own initiative interview the prisoner to review the prisoner’s parole plan and psychiatric or psychological report, if any, and the record of the prisoner’s conduct during confinement. To accommodate such review by the board, the Department of Corrections shall provide to the board any psychiatric or psychological reports held by the department regarding the prisoner. However, if the psychiatrist or psychologist who prepared any report or any treating psychiatrist or psychologist determines that disclosure to the prisoner of the contents of the report would be detrimental to the prisoner’s mental or emotional health, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the prisoner. The department may withhold from the board any report so indorsed.

(2)

The board shall postpone a prisoner’s scheduled release date if it finds, after a hearing, that the prisoner engaged in serious misconduct during confinement. The board shall adopt rules defining serious misconduct and specifying periods of postponement for such misconduct.

(3)

Intentionally left blank —Ed.

(a)

If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may order the postponement of the scheduled parole release until a specified future date. The board may not postpone a prisoner’s scheduled release date to a date that is less than two years, or more than 10 years, from the date of the hearing, unless the prisoner would be held beyond the maximum sentence. The board shall determine the scheduled release date, and the prisoner may petition for interim review, in accordance with ORS 144.280 (Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989).

(b)

If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, but also finds that the prisoner can be adequately controlled with supervision and mental health treatment and that the necessary supervision and treatment are available, the board may order the prisoner released on parole subject to conditions that are in the best interests of community safety and the prisoner’s welfare.

(4)

Each prisoner shall furnish the board with a parole plan prior to the scheduled release of the prisoner on parole. The board shall adopt rules specifying the elements of an adequate parole plan and may defer release of the prisoner for not more than three months if it finds that the parole plan is inadequate. The Department of Corrections shall assist prisoners in preparing parole plans. [1977 c.372 §6; 1981 c.426 §2; 1987 c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999 c.141 §1; 2009 c.660 §3]
Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms).

Source: Section 144.125 — Review of parole plan, psychological reports and conduct prior to release; release postponement; elements of parole plan; Department of Corrections assistance; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

Notes of Decisions

Requirement of hearing in this section cannot be eliminated by administrative rule. Jeanes v. Board of Parole, 83 Or App 410, 732 P2d 51 (1987)

1993 amendment governing release delay based on mental or emotional condition that predisposes prisoner to commit future crime imposes more onerous standard than preamendment version of statute and therefore cannot be applied retroactively. Meadows v. Schiedler, 143 Or App 213, 924 P2d 314 (1996)

Version of statute applicable to sentences for pre-1993 crimes does not require that determination that prisoner is danger to community be part of psychiatric or psychological report. Merrill v. Johnson, 155 Or App 295, 964 P2d 284 (1998), Sup Ct review denied. But see Peek v. Thompson, 160 Or App 260, 980 P2d 178 (1999)

Standard of review in habeas corpus proceeding regarding release order of State Board of Parole and Post-Prison Supervision is whether “some evidence” supports order. Hamel v. Johnson, 173 Or App 448, 25 P3d 314 (2001), Sup Ct review denied

For prisoner whose commitment offense occurred prior to 1981 amendment, State Board of Parole and Post-Prison Supervision has discretion to postpone parole where severe emotional disturbance makes prisoner dangerous to community. McCline v. Board of Parole and Post-Prison Supervision, 205 Or App 144, 133 P3d 349 (2006), Sup Ct review denied

Where prisoner does not suffer prejudice from late filing, State Board of Parole and Post-Prison Supervision may consider psychiatric or psychological report filed more than 60 days after examination. Demeyer v. Board of Parole and Post-Prison Supervision, 206 Or App 740, 139 P3d 969 (2006), on reconsideration 208 Or App 267, 144 P3d 981 (2006)

Under 1981 version of this section, State Board of Parole and Post-Prison Supervision may conduct review for deferring release even if prisoner does not have scheduled release date. Corgain v. Board of Parole and Post-Prison Supervision, 213 Or App 407, 162 P3d 990 (2007)

Use of preponderance of evidence standard to find that prisoner has present severe emotional disturbance constituting danger to community satisfies due process requirements. Stogsdill v. Board of Parole and Post-Prison Supervision, 342 Or 332, 154 P3d 91 (2007)

Under 1991 version of this section, requirement that psychiatric or psychological diagnosis show prisoner to have present severe emotional disturbance constituting danger to health or safety of community was sufficient limitation to overcome vagueness challenge. Hess v. Board of Parole, 514 F3d 909 (9th Cir. 2008)

Ability of prisoner to call witnesses or cross-examine people who have provided information to Board of Parole and Post-Prison Supervision are not requirements for constitutionally adequate parole-exit interview under this statute. Rivas v. Board of Parole, 272 Or App 248, 356 P3d 83 (2015)

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
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