Release eligibility for juvenile offenders after 15 years of imprisonment; board hearing; rules
(1)(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]
(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]
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)