Oregon Law
Law as of Jan 1, 2024
Chapter contents
144.005State Board of Parole and Post-Prison Supervision; membership; compensation 144.010[Amended by 1953 c.223 §2; 1959 c.327 §1; 1967 c.526 §1; repealed by 1969 c.597 §281] 144.015Confirmation by Senate 144.020[Repealed by 1969 c.597 §281] 144.025Chairperson; quorum; participation of all members; rules 144.030[Repealed by 1969 c.597 §281] 144.035Board hearings; panels; exception 144.040Board to determine parole and post-prison supervision violations 144.045[1967 c.560 §2; repealed by 1969 c.597 §281] 144.050Power of board to authorize parole; rules 144.054When board decision must be reviewed by at least three board members 144.055[1955 c.660 §12; repealed by 1969 c.597 §281] 144.059State Board of Parole and Post-Prison Supervision Account 144.060Acceptance of funds or property; contracts with federal government and others 144.070[Repealed by 1969 c.597 §281] 144.075Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation 144.079Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions 144.080[Amended by 1955 c.688 §4; repealed by 1969 c.597 §281] 144.083Early discharge from supervision; rules 144.085Active parole and post-prison supervision; minimum amounts; extension 144.086Supervision conditions related to medical use of cannabis 144.087“Supervisory authority” defined 144.089Community service exchange programs 144.090[Amended by 1969 c.502 §4; repealed by 1969 c.597 §281] 144.095[1967 c.526 §3; 1969 c.314 §7; repealed by 1969 c.597 §281] 144.096Release plan; contents; rules 144.098Review of release plan 144.100[Repealed by 1967 c.419 §68] 144.101Board’s jurisdiction over conditions of post-prison supervision; reentry court jurisdiction 144.102Conditions of post-prison supervision 144.103Term of active post-prison supervision for person convicted of certain offenses 144.104Supervisory authority; revising conditions 144.105[1967 c.560 §4; repealed by 1969 c.597 §281] 144.106Violation of post-prison supervision conditions; sanctions 144.107Sanctions for violations of conditions of post-prison supervision; rules 144.108Recommitment to prison for certain violations; procedure; effect of recommitment 144.109Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction 144.110Restriction on parole of persons sentenced to minimum terms 144.120Initial parole hearing; setting initial parole release date; deferral of setting initial date 144.122Advancing initial release date; requirements; exceptions; rules 144.123Who may accompany person to parole hearing; rules 144.125Review of parole plan, psychological reports and conduct prior to release; release postponement; elements of parole plan; Department of Corrections assistance; rules 144.126Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated; rules 144.130Prisoner to have access to written materials considered at hearings or interviews; access procedures 144.135Bases of parole decisions to be in writing 144.140Rules 144.175[1973 c.694 §4; repealed by 1977 c.372 §18] 144.180[1973 c.694 §5; repealed by 1977 c.372 §18] 144.183[Repealed by 1974 c.36 §28] 144.185Records and information available to board 144.210[Amended by 1959 c.101 §2; 1967 c.372 §8; 1969 c.597 §113; 1973 c.836 §288; repealed by 1985 c.283 §1] 144.220[Amended by 1959 c.101 §3; 1973 c.836 §289; repealed by 1975 c.564 §1 (144.221 enacted in lieu of 144.220)] 144.221[1975 c.564 §2 (enacted in lieu of 144.220); repealed by 1977 c.372 §18] 144.223Examination by psychiatrist or psychologist of parole candidate; report; copies to affected persons 144.226Examination by psychiatrist or psychologist of person sentenced as dangerous offender; report 144.228Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered 144.230[Amended by 1963 c.625 §1; repealed by 1971 c.743 §432] 144.232Release of dangerous offender to post-prison supervision; eligibility; hearing 144.240[Repealed by 1973 c.694 §26] 144.245Date of release on parole; effect of release order 144.250[Amended by 1973 c.836 §292; repealed by 1973 c.694 §26; see 144.183] 144.260Notice of prospective release on parole or post-prison supervision 144.270Conditions of parole 144.275Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments 144.280Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989; rules 144.285Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder; rules 144.305[1987 c.2 §16; 1991 c.148 §1; repealed by 1993 c.680 §7] 144.310[Amended by 1963 c.625 §2; 1973 c.694 §18; 1973 c.836 §295; 1974 c.36 §6; 1981 c.425 §1; 1987 c.320 §61; repealed by 1993 c.680 §7] 144.315Evidence admissible before board; procedures 144.317Appointment of attorneys; payment 144.320[Repealed by 1961 c.412 §5] 144.330[Amended by 1973 c.836 §296; repealed by 1973 c.694 §8 (144.331 enacted in lieu of 144.330)] 144.331Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension 144.333[Repealed by 1974 c.36 §28] 144.334Use of citations for parole or post-prison supervision violators; conditions; appearance 144.335Appeal from order of board to Court of Appeals; appointment of master; costs 144.337Oregon Public Defense Commission to provide counsel for eligible petitioners 144.340Power to retake and return violators of parole and post-prison supervision 144.341Procedure upon arrest of violator 144.343Hearing required on revocation; procedure 144.345Revocation of parole; effect of conviction for crime 144.346Parole revocation sanctions; rules 144.347Subpoena power of board; reimbursement for costs; contempt proceedings 144.349When ORS 144.343 does not apply 144.350Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release; investigation by department 144.360Effect of order for arrest and detention of violator 144.370Suspension of parole or post-prison supervision following order for arrest and detention; hearing 144.374Deputization of persons in other states to act in returning Oregon violators 144.376Contracts for sharing expense with other states of cooperative returns of violators 144.380Violator as fugitive from justice 144.390[Amended by 1975 c.589 §1; repealed by 1989 c.790 §47a] 144.395Rerelease of persons whose parole has been revoked; rules 144.397Release eligibility for juvenile offenders after 15 years of imprisonment; board hearing; rules 144.400[Amended by 1973 c.836 §301; repealed by 1973 c.694 §26] 144.403[Repealed by 1974 c.36 §28] 144.404Department of Corrections authority to receive, hold and dispose of property 144.405Duty of officer upon seizure; disposition of property if no claim to rightful possession is established 144.406Petition for return of things seized; rules 144.407Grounds for valid claim to rightful possession 144.408Hearing on petition 144.409Granting petition for return of things seized; judicial review 144.410Definitions for ORS 144.410 to 144.525 144.420Department of Corrections to administer work release program; purposes of release; housing of parolee 144.430Duties of department in administering program 144.440Recommendation by sentencing court 144.450Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act 144.460Contracts for quartering of enrollees 144.470Disposition of enrollee’s compensation under program; rules 144.480Protections and benefits for enrollees 144.490Status of enrollees 144.500Effect of violation or unexcused absence by enrollee 144.510[Amended by 1961 c.656 §1; renumbered 144.560] 144.515Release terminates enrollment; continued employment 144.519[1967 c.612 §§3,4; repealed by 1969 c.597 §281 and 1969 c.678 §8] 144.520[Renumbered 144.570] 144.522Revolving fund 144.525Custody of enrollee earnings deducted or otherwise retained by department 144.560[Formerly 144.510; repealed by 1969 c.597 §281] 144.570[Formerly 144.520; repealed by 1969 c.597 §281] 144.600Interstate Compact for Adult Offender Supervision 144.602Short title 144.603Withdrawal from compact 144.605Fee for application to transfer supervision 144.610Out-of-state supervision of parolees; contract with other states 144.613Notice when parole or probation violated; hearing; report to sending state; taking person into custody 144.615Hearing procedure 144.617Hearing on violation in another state; effect of record in such hearing 144.620Short title 144.622“Parole” and “parolee” defined for Uniform Act for Out-of-State Supervision 144.625[1999 c.435 §1; repealed by 2011 c.419 §1] 144.627[1999 c.435 §2; repealed by 2011 c.419 §1] 144.629[1999 c.435 §3; repealed by 2011 c.419 §1] 144.631[1999 c.435 §5; repealed by 2011 c.419 §1] 144.635Intensive supervision; duration 144.637Rules 144.639Projecting number of persons to be classified as sexually violent dangerous offenders; budgeting 144.640[Formerly 143.010; renumbered 144.649 in 2001] 144.641Definitions 144.642Criteria for determining residence; Department of Corrections; rules; matrix 144.644Criteria for determining residence; State Board of Parole and Post- Prison Supervision; rules; matrix 144.646Use of rules and matrix by community corrections agency 144.649Granting reprieves, commutations and pardons generally; remission of penalties and forfeitures 144.650Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney 144.653Sealing records of pardoned conviction; notice to victim 144.655Request to seal records of pardoned conviction; notice to victim 144.660Report to legislature by Governor 144.670Filing of papers by Governor 144.710Cooperation of public officials with State Board of Parole and Post- Prison Supervision and Department of Corrections 144.720Judge’s power to suspend execution of sentence or grant probation prior to commitment 144.730Failure to complete treatment program 144.740Request for appearance by prosecuting attorney at release date hearing 144.750Victim’s rights 144.775Commission members; terms; compensation; rules on duration of prison terms 144.780Rules on duration of imprisonment; objectives; considerations in prescribing rules 144.783Duration of term of imprisonment when prisoner is sentenced to consecutive terms 144.785Rules on duration of prison terms when aggravating or mitigating circumstances exist; limitation on terms; dangerous offenders 144.787Rules on age or physical disability of victim constituting aggravating circumstance 144.790[1977 c.372 §10; 1979 c.648 §1; 1981 c.426 §4; 1983 c.723 §2; 1983 c.740 §21; 1985 c.503 §1; 1987 c.320 §82; 1989 c.790 §8a; 1991 c.270 §1; 1993 c.294 §6; 1993 c.692 §8; repealed by 1995 c.520 §3 (144.791 enacted in lieu of 144.790)] 144.791Presentence report in felony conviction cases; when required 144.795[1981 c.136 §2; repealed by 1985 c.503 §4] 144.800[1985 c.503 §2; 1987 c.320 §83; 1989 c.790 §8b; repealed by 1995 c.520 §7]

Chapter 144 — Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports

ORS 144.787 Rules on age or physical disability of victim constituting aggravating circumstance

The Advisory Commission on Prison Terms and Parole Standards and the State Board of Parole and Post-Prison Supervision shall provide, in rules adopted under ORS 144.785, that, in the case of a crime involving a physical or sexual assault, a victim’s particular vulnerability to injury in such case due to the victim’s youth, advanced age or physical disability, shall constitute an aggravating circumstance justifying a variation from the range of duration of imprisonment otherwise applicable in the case.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.