(b) Those prisoners sentenced to a term of imprisonment for less than 15 years for commission of an offense designated by rule by the board as a non person-to-person offense may waive their rights to the parole hearing. When a prisoner waives the parole hearing, the initial date of release on parole may be set administratively by the board pursuant to subsections (2) to (6) of this section. If the board is not satisfied that the waiver was made knowingly or intelligently or if it believes more information is necessary before making its decision, it may order a hearing.
(2) In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall apply the appropriate range established pursuant to ORS 144.780. Variations from the range shall be in accordance with ORS 144.785.
(3) In setting the initial parole release date for a prisoner pursuant to subsection (1) of this section, the board shall consider the presentence investigation report specified in ORS 144.791 or, if no such report has been prepared, a report of similar content prepared by the Department of Corrections.
(4) Notwithstanding subsection (1) of this section, in the case of a prisoner whose offense included particularly violent or otherwise dangerous criminal conduct or whose offense was preceded by two or more convictions for a Class A or Class B felony or whose record includes a psychiatric or psychological diagnosis of severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may choose not to set a parole date.
(5) After the expiration of six months after the admission of the prisoner to any Department of Corrections institution, the board may defer setting the initial parole release date for the prisoner for a period not to exceed 90 additional days pending receipt of psychiatric or psychological reports, criminal records or other information essential to formulating the release decision.
(6) When the board has set the initial parole release date for a prisoner, it shall inform the sentencing court of the date. [1977 c.372 §5; 1981 c.426 §1; 1985 c.283 §2; 1987 c.2 §14; 1987 c.320 §51; 1987 c.881 §1; 1989 c.589 §3; 1991 c.126 §6; 1993 c.294 §5; 1999 c.782 §3; 2001 c.104 §48; 2010 c.89 §11]
Note: See note under 144.110.
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.