(b) If the proposed release plan is not approved by the board, the board shall return the plan to the department with its recommended modifications. The department shall submit a revised plan to the board prior to the release.
(c) If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.
(d) The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.
(e) If an adult in custody was sentenced under section 29, chapter 649, Oregon Laws 2013, and the release plan recommends that the adult in custody participate in a reentry court, the board shall provide a copy of the release plan to the reentry court.
(2) The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the release from jail. The local supervisory authority shall approve the release plan under its rules. If the adult in custody was sentenced under section 29, chapter 649, Oregon Laws 2013, and the supervisory authority recommends that the adult in custody participate in a reentry court, the supervisory authority shall provide a copy of the release plan to the reentry court.
(3) A release plan prepared under subsection (1) or (2) of this section must include:
(a) A description of support services and program opportunities available to the adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;
(b) The recommended conditions of post-prison supervision;
(c) The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;
(d) Any other conditions and requirements as may be necessary to promote public safety;
(e) For all adults in custody whose sentence to make restitution under ORS 137.106 has been suspended for the term of imprisonment, a restitution payment schedule; and
(f) Any conditions necessary to assist the reformation of the adult in custody. [1989 c.790 §32; 1997 c.525 §6; 2013 c.649 §30; 2017 c.40 §1; 2017 c.438 §1; 2019 c.213 §26]
Note: The amendments to 144.096 by section 35, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, including amendments by section 2, chapter 40, Oregon Laws 2017, section 2, chapter 438, Oregon Laws 2017, and section 27, chapter 213, Oregon Laws 2019, is set forth for the user’s convenience. (1)(a) The Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the proposed release plan to the State Board of Parole and Post-Prison Supervision prior to the release.
(b) If the proposed release plan is not approved by the board, the board shall return the plan to the department with its recommended modifications. The department shall submit a revised plan to the board prior to the release.
(c) If the revised plan is not acceptable to the board, the board shall determine the provisions of the final plan prior to the release.
(d) The department, in consultation with the board, shall by rule establish deadlines by which a proposed release plan described in paragraph (a) of this subsection and a revised plan described in paragraph (b) of this subsection must be submitted to the board prior to release.
(2) The local supervisory authority that is responsible for correctional services for an adult in custody shall prepare a proposed release plan for the adult in custody prior to the release from jail. The local supervisory authority shall approve the release plan under its rules.
(3) A release plan prepared under subsection (1) or (2) of this section must include:
(a) A description of support services and program opportunities available to the adult in custody, including any transitional housing or treatment programs to which the adult in custody has been accepted;
(b) The recommended conditions of post-prison supervision;
(c) The level of supervision that shall be consistent with the risk assessment classification of the adult in custody;
(d) Any other conditions and requirements as may be necessary to promote public safety;
(e) For all adults in custody whose sentence to make restitution under ORS 137.106 has been suspended for the term of imprisonment, a restitution payment schedule; and
(f) Any conditions necessary to assist the reformation of the adult in custody.
Note: Section 31, chapter 790, Oregon Laws 1989, provides:
Sec. 31. Sections 32 to 36 of this 1989 Act [144.096, 144.098, 144.102, 144.104, 144.106 and 144.108] apply only to defendants convicted of a felony committed on or after November 1, 1989.
[1989 c.790 §31]
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.