ORS 144.397
Release eligibility for juvenile offenders after 15 years of imprisonment

  • board hearing
  • rules

(1)

Intentionally left blank —Ed.

(a)

A person convicted of an offense or offenses committed when the person was under 18 years of age, who is serving a sentence of imprisonment for the offense or offenses, is eligible for release on parole or post-prison supervision as provided in this section after the person has served 15 years of imprisonment.

(b)

Nothing in this section is intended to prevent a person from being released prior to serving 15 years of imprisonment under any other provision of law.

(c)

As used in this subsection, “served 15 years of imprisonment” means that 15 years have passed since the person began serving the sentence, including pretrial incarceration but not including any reduction in sentence under ORS 421.121 (Reduction in term of incarceration) or any other statute.

(2)

This section applies notwithstanding ORS 144.110 (Restriction on parole of persons sentenced to minimum terms) or the fact that the person was:

(a)

Sentenced to a minimum sentence under ORS 163.105 (Sentencing options for aggravated murder), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree) or 163.155 (Sentencing for murder of pregnant victim).

(b)

Sentenced to a mandatory minimum sentence under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) or 137.717 (Presumptive sentences for certain property offenders), a determinate sentence under ORS 137.635 (Determinate sentences required for certain felony convictions) or a sentence required by any other provision of law.

(c)

Sentenced to two or more consecutive sentences under ORS 137.123 (Provisions relating to concurrent and consecutive sentences).

(3)

When a person eligible for release on parole or post-prison supervision as described in subsection (1) of this section has served 15 years of imprisonment, the State Board of Parole and Post-Prison Supervision shall hold a hearing. The hearing must provide the person a meaningful opportunity to be released on parole or post-prison supervision.

(4)

The board may require the person, before holding a hearing described in this section, to be examined by a psychiatrist or psychologist with expertise in adolescent development. Within 60 days of the evaluation, the examining psychiatrist or psychologist shall file a written report of the findings and conclusions of the examination with the board. A certified copy of the report shall be provided to the person and the person’s attorney.

(5)

During a hearing under this section, the board shall consider and give substantial weight to the fact that a person under 18 years of age is incapable of the same reasoning and impulse control as an adult and the diminished culpability of minors as compared to that of adults. The board shall also consider the following circumstances, if relevant to the specific person and offense:

(a)

The age and immaturity of the person at the time of the offense.

(b)

Whether and to what extent an adult was involved in the offense.

(c)

The person’s family and community circumstances at the time of the offense, including any history of abuse, trauma and involvement in the juvenile dependency system.

(d)

The person’s subsequent emotional growth and increased maturity during the person’s imprisonment.

(e)

The person’s participation in rehabilitative and educational programs while in custody if such programs have been made available to the person and use of self-study for self-improvement.

(f)

A mental health diagnosis.

(g)

Any other mitigating factors or circumstances presented by the person.

(6)

Under no circumstances may the board consider the age of the person as an aggravating factor.

(7)

If the board finds that, based on the consideration of the age and immaturity of the person at the time of the offense and the person’s behavior thereafter, the person has demonstrated maturity and rehabilitation, the board shall release the person as follows:

(a)

For a person sentenced under ORS 163.105 (Sentencing options for aggravated murder), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree) or 163.155 (Sentencing for murder of pregnant victim), the board shall set a release date that is not more than 60 days from the date of the hearing and, notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be released on parole in accordance with ORS 144.125 (Review of parole plan, psychological reports and conduct prior to release), 144.260 (Notice of prospective release on parole or post-prison supervision) and 144.270 (Conditions of parole).

(b)

A person sentenced to a term of imprisonment under a provision of law other than ORS 163.105 (Sentencing options for aggravated murder), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree) or 163.155 (Sentencing for murder of pregnant victim) shall be released on post-prison supervision in accordance with ORS 144.096 (Release plan) and 144.098 (Review of release plan) within 60 days of the date of the hearing.

(8)

Unless the context requires otherwise, the provisions of ORS 144.260 (Notice of prospective release on parole or post-prison supervision) to 144.380 (Violator as fugitive from justice) apply to a person released on parole under subsection (7)(a) of this section.

(9)

If the board determines that the person has not demonstrated maturity and rehabilitation under subsection (7) of this section, the board may postpone a subsequent hearing to a date that is at least two years but no more than 10 years from the date of the hearing.

(10)

The person may waive a hearing under this section. Notwithstanding waiver of the hearing, the board shall hold a hearing under this section upon the person’s written request.

(11)

The board shall provide notice of the hearing to:

(a)

The district attorney of the county in which the person was convicted; and

(b)

The victim of any offense for which the person is serving a sentence, if the victim requests to be notified and furnishes the board with a current address.

(12)

A person has the right to counsel, including counsel appointed at board expense, at a hearing under this section.

(13)

The board may adopt rules to carry out the provisions of this section. [2019 c.634 §25; 2019 c.635 §3d]
Note: Section 32, chapter 634, Oregon Laws 2019, provides:
Sec. 32. (1) Sections 24 [161.740 (Sentencing of juvenile offenders)] and 25 [144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment)], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents), 137.124 (Commitment of defendant to Department of Corrections or county), 137.705 (Definitions), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 137.712 (Exceptions to ORS 137.700 and 137.707), 144.185 (Records and information available to board), 161.610 (Enhanced penalty for use of firearm during commission of felony), 161.620 (Sentences imposed upon waiver), 163.105 (Sentencing options for aggravated murder), 163.115 (Murder in the second degree), 163.155 (Sentencing for murder of pregnant victim), 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon), 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction), 339.317 (Notice to school district of person charged with crime), 339.319 (Notice to school district of person convicted of crime), 339.321 (Notice to school district and law enforcement agencies of release or discharge of person), 419C.005 (Jurisdiction), 419C.050 (Transfer to juvenile court from another court), 419C.346 (Juvenile court’s retention of authority over parent), 419C.349 (Grounds for waiving youth to adult court), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.355 (Written findings required), 419C.358 (Consolidation of nonwaivable and waivable charges), 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses), 420.011 (Admissions to youth correction facilities), 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019 [163.107 (Murder in the first degree)], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.

(2)

Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents), 137.124 (Commitment of defendant to Department of Corrections or county), 137.705 (Definitions), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 137.712 (Exceptions to ORS 137.700 and 137.707), 144.185 (Records and information available to board), 161.610 (Enhanced penalty for use of firearm during commission of felony), 161.620 (Sentences imposed upon waiver), 163.105 (Sentencing options for aggravated murder), 163.115 (Murder in the second degree), 163.155 (Sentencing for murder of pregnant victim), 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon), 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction), 339.317 (Notice to school district of person charged with crime), 339.319 (Notice to school district of person convicted of crime), 339.321 (Notice to school district and law enforcement agencies of release or discharge of person), 419C.005 (Jurisdiction), 419C.050 (Transfer to juvenile court from another court), 419C.346 (Juvenile court’s retention of authority over parent), 419C.349 (Grounds for waiving youth to adult court), 419C.352 (Grounds for waiving youth under 15 years of age), 419C.355 (Written findings required), 419C.358 (Consolidation of nonwaivable and waivable charges), 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses), 420.011 (Admissions to youth correction facilities), 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]
Note: 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) 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.

Source: Section 144.397 — Release eligibility for juvenile offenders after 15 years of imprisonment; board hearing; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors144.­html.

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
Green check means up to date. Up to date

Current through early 2024

§ 144.397’s source at oregon​.gov