(a) "History of sexual assault" means that a person has engaged in unlawful sexual conduct that:
(A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and
(B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.
(b) "Sexually violent dangerous offender" means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the State Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subsection (3) of this section.
(2) When a person is released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subsection (3) of this section, the board or local supervisory authority shall subject the person to intensive supervision for the full period of the person’s parole or post-prison supervision if:
(a) The person was 18 years of age or older at the time the person committed the offense; and
(b) The board or local supervisory authority finds that the person is a sexually violent dangerous offender.
(3) The crimes to which subsection (2) of this section applies are:
(a) Rape in the first degree and sodomy in the first degree if the victim was:
(A) Subjected to forcible compulsion by the person;
(B) Under 12 years of age; or
(C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct;
(b) Unlawful sexual penetration in the first degree; and
(c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.924 §1; 2021 c.82 §9]
Note: 144.635 to 144.639 were enacted into law by the Legislative Assembly but were 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.