2021 Oregon Revised Statutes
Chapter 144 - Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports
Section 144.098 - Review of release plan.


(a) Reports of any physical, psychiatric or psychological examinations of the adult in custody;
(b) The presentence investigation report specified by ORS 144.791 or, if no such report has been prepared, a report of similar content prepared by institutional staff;
(c) The record of the conduct of the adult in custody during confinement; and
(d) Any other information relevant to the reintegration of the adult in custody into the community that may be submitted by the adult in custody, the attorney of the adult in custody, the victim of the crime, the Department of Corrections, local corrections agencies or any other person.
(2) If the board reviews a release plan, the board must attempt to notify the victim before the review of the release plan by sending written notice to the victim if the victim requests to be notified and furnishes the board with a current address. The notice must inform the victim that the victim may submit information concerning the adult in custody and the crime to the board for the board’s consideration.
(3) The department or local corrections agency shall provide to the board or local supervisory authority reviewing the release plan any psychiatric or psychological reports held by the department or local corrections agency regarding the adult in custody. However, if the psychiatrist or psychologist who prepared the report or any treating psychiatrist or psychologist determines that disclosure to the adult in custody of the contents of the report would be detrimental to the mental or emotional health of the adult in custody, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the adult in custody. The department or local corrections agency may withhold from the board or supervisory authority reviewing the plan any report so indorsed. [1989 c.790 §32b; 1997 c.525 §7; 2019 c.213 §28]
Note: See second note under 144.096.
Note: Sections 29, 33 and 38 (2), chapter 649, Oregon Laws 2013, provide:
Sec. 29. Reentry courts. (1) When a circuit court in a participating county sentences a person to a term of imprisonment, the court may order that the person participate in a reentry court, subject to admission under subsection (3) of this section, as a condition of post-prison supervision.
(2) At any time prior to the termination of post-prison supervision, the supervisory authority may provide a report to the reentry court recommending that a person sentenced under subsection (1) of this section be admitted into the reentry court.
(3) When a reentry court receives a report described in subsection (2) of this section, or an adult in custody release plan prepared under ORS 144.096, that recommends the admission of a person sentenced under subsection (1) of this section into a reentry court, the court may enter an order admitting the person into the reentry court.
(4) Notwithstanding ORS 137.124 and 423.478 and any other provision of law, when a court enters an order admitting a person into a reentry court, the court may:
(a) Issue a warrant and cause the person to be arrested for violating a condition of post-prison supervision.
(b) Appoint counsel to represent the person in accordance with ORS 135.050, if the person is financially eligible.
(c) Determine whether the conditions of post-prison supervision have been violated and impose sanctions for the violations.
(5)(a) When the court conducts a post-prison supervision violation hearing under this section, the person may admit or deny alleged violations of conditions of post-prison supervision. The person and the state may present evidence at the hearing.
(b) If the court determines by a preponderance of the evidence that a person admitted into a reentry court has violated the conditions of post-prison supervision, the court may impose sanctions for the violations that are consistent with the rules adopted under ORS 144.106 and 144.107, except that the court may not impose a sanction of imprisonment in a correctional facility that exceeds 12 months.
(6)(a) When a court issues a warrant under this section and causes a person admitted into a reentry court to be arrested and taken into custody for violating a condition of post-prison supervision, the person shall be brought before a magistrate during the first 36 hours in custody, excluding Saturdays, Sundays and holidays. The magistrate may order the person held pending a violation hearing or transferred to the county in which the reentry court is located, or may release the person upon the condition that the person appear in court at a later date for a post-prison violation hearing. If the person is held on an out-of-county warrant, the magistrate may order the person released subject to an additional order that the person report within seven calendar days to the reentry court.
(b) Except for good cause shown, if the person is held in custody and the violation hearing is not held within 14 calendar days following the person’s arrest, the person shall be released from custody.
(7) As used in this section, "participating county" means a county:
(a) That has applied for and received a grant under section 53, chapter 649, Oregon Laws 2013, to administer a reentry court; and
(b) For which the presiding judge of the judicial district in which the county is located issues an order establishing a reentry court steering committee consisting of:
(A) A circuit court judge;
(B) A district attorney;
(C) A criminal defense attorney;
(D) A parole and probation officer;
(E) A representative of the business community;
(F) A representative of the education community; and
(G) Any other person the presiding judge determines is appropriate. [2013 c.649 §29; 2019 c.213 §118]
Sec. 33. Section 29 of this 2013 Act is repealed on July 1, 2023. [2013 c.649 §33]
Sec. 38. (2) The repeal of section 29 of this 2013 Act by section 33 of this 2013 Act and the amendments to ORS 40.015, 144.096, 144.101 and 144.106 by sections 34 to 37 of this 2013 Act do not affect the jurisdiction of a reentry court over a person sentenced under section 29 of this 2013 Act. [2013 c.649 §38(2)]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

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

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 144.079 - Determination of total term of certain consecutive sentences of imprisonment; summing of sentences; exceptions.

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 144.101 - Board’s jurisdiction over conditions of post-prison supervision; reentry court jurisdiction.

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 144.109 - Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction.

Section 144.110 - Restriction on parole of persons sentenced to minimum terms.

Section 144.120 - Initial parole hearing; setting initial parole release date; deferral of setting initial date.

Section 144.122 - Advancing initial release date; requirements; exceptions; rules.

Section 144.123 - Who may accompany person to parole hearing; rules.

Section 144.125 - Review of parole plan, psychological reports and conduct prior to release; release postponement; elements of parole plan; Department of Corrections assistance; rules.

Section 144.126 - Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated; rules.

Section 144.130 - Prisoner to have access to written materials considered at hearings or interviews; access procedures.

Section 144.135 - Bases of parole decisions to be in writing.

Section 144.140 - Rules.

Section 144.185 - Records and information available to board.

Section 144.223 - Examination by psychiatrist or psychologist of parole candidate; report; copies to affected persons.

Section 144.226 - Examination by psychiatrist or psychologist of person sentenced as dangerous offender; report.

Section 144.228 - Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered.

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 144.275 - Parole of adults in custody sentenced to pay compensatory fines or make restitution; schedule of payments.

Section 144.280 - Hearing after parole denied to prisoner sentenced for crime committed prior to November 1, 1989; rules.

Section 144.285 - Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder; rules.

Section 144.317 - Appointment of attorneys; payment.

Section 144.331 - Suspension of parole or post-prison supervision; custody of violator; revocation hearing before suspension.

Section 144.334 - Use of citations for parole or post-prison supervision violators; conditions; appearance.

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 144.350 - Order for arrest and detention of escapee or violator of parole, post-prison supervision, probation, conditional pardon or other conditional release; investigation by department.

Section 144.374 - Deputization of persons in other states to act in returning Oregon violators.

Section 144.397 - Release eligibility for juvenile offenders after 15 years of imprisonment; board hearing; rules.

Section 144.404 - Department of Corrections authority to receive, hold and dispose of property.

Section 144.405 - Duty of officer upon seizure; disposition of property if no claim to rightful possession is established.

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 144.420 - Department of Corrections to administer work release program; purposes of release; housing of parolee.

Section 144.430 - Duties of department in administering program.

Section 144.450 - Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act.

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 144.613 - Notice when parole or probation violated; hearing; report to sending state; taking person into custody.

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 144.637 - Rules.

Section 144.639 - Projecting number of persons to be classified as sexually violent dangerous offenders; budgeting.

Section 144.641 - Definitions.

Section 144.642 - Criteria for determining residence; Department of Corrections; rules; matrix.

Section 144.644 - Criteria for determining residence; State Board of Parole and Post-Prison Supervision; rules; matrix.

Section 144.646 - Use of rules and matrix by community corrections agency.

Section 144.650 - Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney.

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 144.780 - Rules on duration of imprisonment; objectives; considerations in prescribing rules.

Section 144.783 - Duration of term of imprisonment when prisoner is sentenced to consecutive terms.

Section 144.785 - Rules on duration of prison terms when aggravating or mitigating circumstances exist; limitation on terms; dangerous offenders.

Section 144.791 - Presentence report in felony conviction cases; when required.