Parole

ORS 144.270
Conditions of parole

(1)

The State Board of Parole and Post-Prison Supervision, in releasing a person on parole, shall specify in writing the conditions of the parole. A copy of the conditions must be given to the person paroled.

(2)

The board shall determine, and may at any time modify, the conditions of parole, which may include, among other conditions, that the person paroled must:

(a)

Accept the parole granted subject to all terms and conditions specified by the board.

(b)

Be under the supervision of the Department of Corrections and its representatives and abide by their direction and counsel.

(c)

Answer all reasonable inquiries of the board or the parole officer.

(d)

Report to the parole officer as directed by the board or parole officer.

(e)

Not own, possess or be in control of a weapon.

(f)

Respect and obey all municipal, county, state and federal laws.

(g)

Understand that the board may, in its discretion, suspend or revoke parole if it determines that the parole is not in the best interest of the person paroled or of society.

(3)

If the person paroled 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 shall include as a condition of parole 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)

(a) The board may establish special conditions that it considers necessary because of the individual circumstances of the person paroled.

(b)

If the person is on parole following conviction of a sex crime, as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235), the board shall include all of the following as special conditions of the person’s parole:

(A)

Agreement to comply with a curfew set by the board or the supervising officer.

(B)

A prohibition against contacting a person under 18 years of age without the prior written approval of the board or supervising officer.

(C)

A prohibition against being present more than one time, without the prior written approval of the board 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 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 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 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 if the representative has reasonable grounds to believe that evidence of a violation of a condition of parole 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 parole.

(K)

Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board or supervising officer.

(L)

A prohibition against using a post-office box unless approved by the board 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 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 a designee of the board. 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)

(A) If the person is on parole 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, if requested by the victim, shall include as a special condition of the person’s parole 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 (6) of this section;

(ii)

The person demonstrates to the board 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 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 parole; or

(iv)

The person resides in a halfway house.

(B)

A victim may request imposition of the special condition of parole 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 imposes the special condition of parole described in this paragraph and if at any time during the period of parole the victim moves to within three miles of the parolee’s residence, the board may not require the parolee to change the parolee’s residence in order to comply with the special condition of parole.

(5)

It is not a cause for revocation of parole that the person paroled failed to apply for or accept employment at a workplace where there is a labor dispute in progress.

(6)

(a) When the board grants a person parole from the custody of the Department of Corrections, the board shall order, as a condition of parole, that the person reside for the first six months 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 paroled 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 parole that the person reside for the first six months 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)

If the person is being rereleased after revocation of parole, the county of residence shall be determined according to the date of the arrest resulting in a conviction of the underlying offense.

(E)

In determining the person’s county of residence, a conviction for an offense that the adult in custody committed while incarcerated in a state correctional institution may not be considered.

(d)

Upon motion of the board, the supervisory authority, the person paroled, 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 parole;

(D)

As another condition of parole, the person is required to participate in a treatment program that is not available or located in the county of residence;

(E)

The person requests to be paroled to another state; or

(F)

The board finds other good cause for the waiver.

(7)

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)

(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). [Amended by 1973 c.694 §7; 1973 c.836 §294; 1974 c.36 §5; 1987 c.320 §60; 1987 c.780 §4; 1989 c.1023 §1; 1991 c.278 §1; 1999 c.239 §3; 1999 c.626 §13; amendments by 1999 c.626 §36 repealed by 2001 c.884 §1; 2001 c.731 §§3,4; 2005 c.532 §2; 2005 c.567 §10; 2005 c.576 §3; 2005 c.642 §3a; 2007 c.71 §38; 2009 c.204 §7; 2009 c.595 §100; 2009 c.713 §13; 2011 c.258 §2; 2011 c.547 §31; 2019 c.213 §30]
Note: See note under 144.110 (Restriction on parole of persons sentenced to minimum terms).

Notes of Decisions

The parole-granting process continues until the inmate is actually released from confinement so that an order of the board canceling its previous order of parole did not constitute a revocation of parole where the order of cancellation preceded and prevented the actual release of the inmate and thereby brought the parole-granting process to a halt. Bailleaux v. Cupp, 16 Or App 573, 520 P2d 483 (1974), Sup Ct review denied

The board does not abuse its discretion under this section by requiring an inmate to waive extradition as a condition of his release on parole where a detainer has been filed by another state. Bailleaux v. Cupp, 16 Or App 573, 520 P2d 483 (1974), Sup Ct review denied

The Board of Parole did not act illegally in imposing upon the prisoner a condition that he sign a waiver of extradition before being granted parole to authorities of another state. Bailleaux v. Cupp, 535 F2d 543 (1976)

Where knife was stored in location where person would logically store knife intended to be used against other persons, knife was "weapon." Brundridge v. Board of Parole and Post-Prison Supervision, 192 Or App 648, 87 P3d 703 (2004), Sup Ct review denied

Person does not "frequent" place by going to place one time. Brundridge v. Board of Parole and Post-Prison Supervision, 192 Or App 648, 87 P3d 703 (2004), Sup Ct review denied

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

§§ 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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