(2) The board shall postpone a prisoner’s scheduled release date if it finds, after a hearing, that the prisoner engaged in serious misconduct during confinement. The board shall adopt rules defining serious misconduct and specifying periods of postponement for such misconduct.
(3)(a) If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the board may order the postponement of the scheduled parole release until a specified future date. The board may not postpone a prisoner’s scheduled release date to a date that is less than two years, or more than 10 years, from the date of the hearing, unless the prisoner would be held beyond the maximum sentence. The board shall determine the scheduled release date, and the prisoner may petition for interim review, in accordance with ORS 144.280.
(b) If the board finds the prisoner has a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, but also finds that the prisoner can be adequately controlled with supervision and mental health treatment and that the necessary supervision and treatment are available, the board may order the prisoner released on parole subject to conditions that are in the best interests of community safety and the prisoner’s welfare.
(4) Each prisoner shall furnish the board with a parole plan prior to the scheduled release of the prisoner on parole. The board shall adopt rules specifying the elements of an adequate parole plan and may defer release of the prisoner for not more than three months if it finds that the parole plan is inadequate. The Department of Corrections shall assist prisoners in preparing parole plans. [1977 c.372 §6; 1981 c.426 §2; 1987 c.320 §53; 1989 c.790 §68; 1993 c.334 §1; 1999 c.141 §1; 2009 c.660 §3]
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.