(A) First, the board shall establish the appropriate range for the felony determined by the board, according to its rules, to be the most serious of the felonies committed during the period. If two or more felonies are determined to be equally the most serious, the board shall establish the appropriate range under this paragraph only for one of those felonies.
(B) Second, the board shall establish a range for each of the remaining felonies committed during the same period. For purposes of establishing the ranges for the remaining felonies under this paragraph, the board shall not consider prior criminal history.
(C) Third, the board shall determine the total range applicable in the offender’s case for crimes committed during the same period by summing the ranges established under subparagraph (B) of this paragraph with the range established under subparagraph (A) of this paragraph and shall determine an appropriate term within that range.
(D) Finally, the board shall vary the term determined under subparagraph (C) of this paragraph according to rules established under ORS 144.785 (1), if the board finds aggravating or mitigating factors in the case. The board shall consider as an aggravating factor the fact that the prisoner has been sentenced to consecutive terms of imprisonment.
(b) Whenever a prisoner is committed to the custody of the Department of Corrections for a crime that was committed during a period already considered at an initial parole hearing and upon a sentence consecutive to any sentence imposed for crimes committed during that period, the board shall conduct a hearing to consider the previously unconsidered crime. The hearing shall be a hearing supplemental to the original initial hearing concerning crimes committed during the period. Time limitations and other procedural provisions applicable to initial hearings shall apply to a supplemental hearing under this subsection. Upon conclusion of the supplemental hearing, the board shall redetermine the appropriate total term for the period. The redetermination shall be conducted de novo under the provisions of subsection (2) of this section.
(2) The method established by this section for determining, where applicable, the total term resulting from the summing of consecutive sentences shall apply only if none of the crimes involved is:
(a) Murder in any degree, as defined in ORS 163.107 or 163.115, or any aggravated form thereof;
(b) Assault in the first degree, as defined in ORS 163.185;
(c) Kidnapping in the first degree, as defined in ORS 163.235;
(d) Rape in the first degree, as defined in ORS 163.375;
(e) Sodomy in the first degree, as defined in ORS 163.405;
(f) Unlawful sexual penetration, as defined in ORS 163.411;
(g) Arson in the first degree, as defined in ORS 164.325; or
(h) Treason, as defined in ORS 166.005.
(3) The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection (1) of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security.
(4) The board shall use the method set forth in subsections (1) to (3) of this section to determine the parole release date for any person serving a sentence in the custody of the Department of Corrections for crimes committed before or after July 11, 1987. [1987 c.634 §§4,7; 1989 c.641 §1; 1991 c.126 §4; 1991 c.386 §7; 2015 c.820 §42; 2019 c.635 §12]
Note: 144.079 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.
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Section 144.005 - State Board of Parole and Post-Prison Supervision; membership; compensation.
Section 144.025 - Chairperson; quorum; participation of all members; rules.
Section 144.035 - Board hearings; panels; exception.
Section 144.059 - State Board of Parole and Post-Prison Supervision Account.
Section 144.060 - Acceptance of funds or property; contracts with federal government and others.
Section 144.083 - Early discharge from supervision; rules.
Section 144.085 - Active parole and post-prison supervision; minimum amounts; extension.
Section 144.086 - Supervision conditions related to medical use of cannabis.
Section 144.087 - "Supervisory authority" defined.
Section 144.089 - Community service exchange programs.
Section 144.096 - Release plan; contents; rules.
Section 144.098 - Review of release plan.
Section 144.102 - Conditions of post-prison supervision.
Section 144.103 - Term of active post-prison supervision for person convicted of certain offenses.
Section 144.104 - Supervisory authority; revising conditions.
Section 144.106 - Violation of post-prison supervision conditions; sanctions.
Section 144.107 - Sanctions for violations of conditions of post-prison supervision; rules.
Section 144.108 - Recommitment to prison for certain violations; procedure; effect of recommitment.
Section 144.110 - Restriction on parole of persons sentenced to minimum terms.
Section 144.122 - Advancing initial release date; requirements; exceptions; rules.
Section 144.123 - Who may accompany person to parole hearing; rules.
Section 144.135 - Bases of parole decisions to be in writing.
Section 144.185 - Records and information available to board.
Section 144.232 - Release of dangerous offender to post-prison supervision; eligibility; hearing.
Section 144.245 - Date of release on parole; effect of release order.
Section 144.260 - Notice of prospective release on parole or post-prison supervision.
Section 144.270 - Conditions of parole.
Section 144.317 - Appointment of attorneys; payment.
Section 144.335 - Appeal from order of board to Court of Appeals; appointment of master; costs.
Section 144.337 - Public Defense Services Commission to provide counsel for eligible petitioners.
Section 144.340 - Power to retake and return violators of parole and post-prison supervision.
Section 144.341 - Procedure upon arrest of violator.
Section 144.343 - Hearing required on revocation; procedure.
Section 144.345 - Revocation of parole; effect of conviction for crime.
Section 144.346 - Parole revocation sanctions; rules.
Section 144.347 - Subpoena power of board; reimbursement for costs; contempt proceedings.
Section 144.374 - Deputization of persons in other states to act in returning Oregon violators.
Section 144.404 - Department of Corrections authority to receive, hold and dispose of property.
Section 144.406 - Petition for return of things seized; rules.
Section 144.407 - Grounds for valid claim to rightful possession.
Section 144.408 - Hearing on petition.
Section 144.409 - Granting petition for return of things seized; judicial review.
Section 144.410 - Definitions for ORS 144.410 to 144.525.
Section 144.430 - Duties of department in administering program.
Section 144.470 - Disposition of enrollee’s compensation under program; rules.
Section 144.480 - Protections and benefits for enrollees.
Section 144.490 - Status of enrollees.
Section 144.500 - Effect of violation or unexcused absence by enrollee.
Section 144.522 - Revolving fund.
Section 144.600 - Interstate Compact for Adult Offender Supervision.
Section 144.602 - Short title.
Section 144.603 - Withdrawal from compact.
Section 144.605 - Fee for application to transfer supervision.
Section 144.610 - Out-of-state supervision of parolees; contract with other states.
Section 144.615 - Hearing procedure.
Section 144.622 - "Parole" and "parolee" defined for Uniform Act for Out-of-State Supervision.
Section 144.635 - Intensive supervision; duration.
Section 144.641 - Definitions.
Section 144.642 - Criteria for determining residence; Department of Corrections; rules; matrix.
Section 144.646 - Use of rules and matrix by community corrections agency.
Section 144.653 - Sealing records of pardoned conviction; notice to victim.
Section 144.655 - Request to seal records of pardoned conviction; notice to victim.
Section 144.730 - Failure to complete treatment program.
Section 144.740 - Request for appearance by prosecuting attorney at release date hearing.
Section 144.750 - Victim’s rights.
Section 144.775 - Commission members; terms; compensation; rules on duration of prison terms.
Section 144.783 - Duration of term of imprisonment when prisoner is sentenced to consecutive terms.
Section 144.791 - Presentence report in felony conviction cases; when required.