Parole

ORS 144.126
Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated

  • rules

(1)

The State Board of Parole and Post-Prison Supervision may advance the release date of a prisoner who was sentenced in accordance with rules of the Oregon Criminal Justice Commission or ORS 161.610 (Enhanced penalty for use of firearm during commission of felony). The release date may be advanced if the board determines that continued incarceration is cruel and inhumane and that advancing the release date of the prisoner is not incompatible with the best interests of the prisoner and society and that the prisoner is:

(a)

Suffering from a severe medical condition including terminal illness; or

(b)

Elderly and 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 board shall adopt rules establishing criteria for release plans for prisoners released under this section that, at a minimum, must insure appropriate supervision and services for the person released.

(3)

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).

(4)

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. [1989 c.790 §27a; 1991 c.133 §2; 1993 c.198 §2; 1999 c.1055 §14; 2015 c.230 §2]
Note: 144.126 (Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§§ 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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