justicedao/ipfs_state_laws huggingface dataset:
255-060-0009 Residence Requirements for Certain Sex Offenders Upon Release from Custody (1) A sex offender classified as a sexually violent dangerous offender (ORS 137.765) or a predatory sex offender (ORS 181.765) may not reside near locations where children are the primary occupants or users. (2) This prohibition applies to permanent housing and not to transitional housing. For purposes of this rule, transitional housing means housing intended to be occupied by a sexually violent dangerous offender or a predatory sex offender for 45 days or less immediately after release from custody. (3) Exceptions to this prohibition may be made by the supervising parole/probation officer if it is determined that there is sufficient information to support this placement in terms of public safety and the rehabilitation of the offender. In making this determination, the following factors must be considered: (a) Other residential placement options pose a higher risk to the community; or (b) An enhanced support system that endorses supervision goals and community safety efforts is available at this residence; or (c) Enhanced supervision monitoring will be in place (e.g. electronic supervision, curfew, live-in-care provider, along with community notification); or (d) This residence includes 24-hour case management; or (e) The offender is being released from prison unexpectedly and more suitable housing will be arranged as soon as possible. If any of these factors apply to the offender and the residence under review, an exception to the permanent residence prohibition may be allowed. (4) The supervising officer must inform the community affected by this decision about the reasons for the decision prior to the offender’s release from custody. Statutory/Other Authority: ORS 144.644 & 181.585 History: PAR 5-2003, f. & cert. ef. 10-10-03 PAR 3-2003(Temp), f. & cert. ef. 6-13-03 thru 12-9-03 PAR 7-2002, f. & cert. ef. 6-17-02 PAR 6-2002(Temp), f. & cert. ef. 4-15-02 thru 10-11-02 PAR 2-2002, f. & cert. ef. 1-29-02 PAR 5-2001(Temp), f. 12-10-01, cert. ef. 1-1-02 thru 6-29-02
255-060-0012 Psychological or Psychiatric Reports This rule applies to all persons in custody, except for any person in custody convicted of murder committed on or between November 1, 1989, and June 29, 1995, who was not designated a dangerous offender at sentencing, and except to the extent that it is made inapplicable by rules in effect when the person in custody committed the crimes of conviction. (1) After review of psychiatric and psychological reports, and all other information or documents presented during a hearing, the Board may defer parole release until a specified future date upon finding: The person in custody has a present severe emotional disturbance, such as to constitute a danger to the health or safety of the community. (2) The Board shall not deny release on parole solely because of a person in custody’s present severe emotional disturbance. The Board must also find the condition constitutes a danger to the health or safety of the community. (3) The Board may defer a scheduled parole release date for no fewer than two years and no longer than ten years. A deferral of longer than two years must comply with OAR 255 division 62 of these rules. (4) If the Board finds the person in custody does not have a present severe emotional disturbance such as to constitute a danger to the health or safety of the community, the Board shall affirm the parole release date and set parole conditions. (5) If the Board finds the person in custody has a present severe emotional disturbance, but that the disturbance is not so severe as to constitute a danger to the health or safety of the community, the Board may affirm the parole release date and set parole conditions. (6) For purposes of the Board finding that an offender is a sexually violent dangerous offender pursuant to OAR 255-060-0018, the Board may order a psychological or psychiatric evaluation. Statutory/Other Authority: ORS 144.125, 144.223, 144.280, 144.635 & 144.637 Statutes/Other Implemented: ORS 144.125 & 144.223 History: PAR 3-2019, amend filed 09/09/2019, effective 09/09/2019 PAR 5-2014, f. & cert. ef 5-15-14 PAR 1-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14 PAR 4-2000, f. & cert. ef. 2-15-00 PAR 5-1998, f. & cert. ef. 11-9-98 PAR 6-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 2-1990, f. & cert. ef. 4-5-90
255-060-0013 Postponement Order Any order regarding the postponement of parole release shall be sent to the prisoner and shall set forth: (1) The facts and specific reasons for the decision and the individual votes of the Board members. (2) Notice of the right to administrative appeal pursuant to the procedures of division 80. Statutory/Other Authority: ORS 144 History: PAR 2-1990, f. & cert. ef. 4-5-90
255-060-0020 Out-of-State Parole Release Hearing Procedures An inmate in the Department of Corrections’ custody who is housed in an out-of-state facility may receive a teleconference exit interview in conformance with rule 255-060-0006. Statutory/Other Authority: ORS 144.098 & 144.125 Statutes/Other Implemented: ORS 144.098 & 144.125 History: PAR 5-1998, f. & cert. ef. 11-9-98 PAR 6-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 6-1988, f. & ef. 5-19-88 2PB 13-1985, f. & ef. 5-31-85 2PB 1-1979, f. & ef. 2-1-79
255-060-0030 Exit Interview Board Review Packet The exit interview Board Review Packet shall contain: (1) Institution face sheet; (2) All Board Action Forms since the prison term hearing, if any; (3) Psychiatric and/or psychological evaluations (previous 6 months); (4) Correspondence; (5) Field parole analysis report, a pre-sentence investigation report or comparable report; (6) Court orders; (7) Misconduct reports; and (8) Release plan. (9) Inmate’s Notice of Rights and Board of Parole & Post-Prison Supervision Procedures. Statutory/Other Authority: ORS 144.096, 144.098 & 144.185 Statutes/Other Implemented: ORS 144.096, 144.098 & 144.185 History: PAR 6-1997, f. 3-11-97, cert. ef. 3-14-97 PAR 2-1990, f. & cert. ef. 4-5-90 PAR 6-1988, f. & ef. 5-19-88
255-062-0006 When Parole Deferral Periods May Occur (1) After the Board denies a petition for change in terms of confinement of an inmate convicted of aggravated murder or murder, the Board may not hold a subsequent hearing that is less than two years, or more than 10 years, from date petition is denied. (2) After the Board denies a firm parole or post-prison supervision release date for certain inmates, the Board may not hold a subsequent hearing to consider granting a release date in less than two years, or more than 10 years, from date on which release on parole or post-prison supervision is denied. (3) Upon finding that it is not reasonable to expect that the inmate would be granted a change in the terms of confinement, or not reasonable to expect that the inmate would be granted a firm release date, following two years, the Board will deliberate and select a deferral date of between two and 10 years from the date of the decision, or from the date of the inmate’s current projected parole release date or current parole consideration date. Statutory/Other Authority: ORS 183.335, 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 History: PAR 9-2010, f. & cert. ef. 9-29-10 PAR 6-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11
255-062-0016 Factors to be Considered in Establishing a Deferral Period Longer Than Two Years Following an interview and consideration of all the information presented at the hearing, the Board may find by majority vote of the members participating in the hearing, that it is not reasonable to expect that the inmate would be granted a change in the terms of confinement, or it is not reasonable to expect that the inmate would be granted a firm release date before the end of a specified deferral period, not to exceed ten years, based on one or more of the following non-exclusive factors: (1) A determination by the Board, based on the psychological evaluation and all the information available at the hearing, that the inmate has a mental or emotional disturbance, deficiency, condition, or disorder predisposing him/her to the commission of any crime to a degree rendering the inmate a danger to the health or safety of others; (2) Infractions of institutional rules and discipline; (3) Commission of crimes subsequent to the crime of conviction; (4) Inmate’s failure to demonstrate understanding of the factors that led to his/her criminal offense(s); (5) Inmate’s demonstrated lack of effort to address criminal risk factors of psychological or emotional problems; (6) Inmate’s demonstrated lack of effort to address criminal risk factors of substance abuse problems; (7) Failure to seek and maintain appropriate work or training; (8) Inmate’s failure to seek out and benefit from programming including but not limited to sex offender treatment, batterers intervention programs, anger management, cognitive therapy, and victim impact panels where available; (9) Inmate’s inability to experience or demonstrate remorse or empathy; (10) Demonstrated poor planning and foresight; (11) Demonstrated impulsivity; or (12) Demonstrated lack of concern for others, including but not limited to any registered victims. (13) Refusal to participate in Board-ordered psychological evaluation(s) and/or refusal to participate in Board hearing. (14) The inmate is serving a concurrent sentence over which the Board does not have release authority, and which has a release date ten or more years from the projected parole release date on the Board sentence. Statutory/Other Authority: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 144.125, 144.228, 144.232, 144.280, 144.185, 163.105, 163.115 & 2009 OL Ch. 660 History: PAR 6-2013, f. & cert. ef. 11-27-13 PAR 1-2013, f. & cert. ef. 2-15-13 PAR 9-2010, f. & cert. ef. 9-29-10 PAR 6-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11
255-062-0021 Request for Interim Hearing (1) When the Board defers the inmate’s next hearing for more than two years from the date a petition is denied or from the current projected parole release date, current parole consideration date, or current parole hearing date, the inmate may submit a request for an interim hearing not earlier than the date that is two years from the date the petition is denied or from the current projected parole release date, current parole consideration date, or current parole hearing date, and at intervals of not less than two years thereafter. The inmate bears the burden of producing evidence sufficient to convince the Board that an interim hearing is warranted. (2) Such petitions must conform to the following format: (a) Petitions must be created by any process that makes a clear, legible, black or dark blue image, written on standard 8 ½” x 11” white or light blue paper, with margins of at least 1” on each side. Handwritten petitions will be accepted, although typed documents are preferred. All writing shall be legible and capable of being read without difficulty. (b) In no more than one page, a summary outlining how the inmate qualifies for an interim hearing. (c) From the date of the last hearing to the petition date, a current copy of the following documents: (A) Oregon Corrections Plan; (B) Earned time computation form; (C) Spending Account; (D) Disciplinary Reports, if any. (d) In no more than 10 pages, any supporting facts, information or documents relevant to the criteria outlined in OAR 255-062-0016, or other factors specific to how the inmate has demonstrated a significant change or progress toward rehabilitation; the inmate may should list certificates earned and dates of programs completed instead of submitting copies of certificates. (e) Although reference to rules, codes, or laws may be appropriate, the Board will not accept or consider additional pages or exhibits including copies of codebooks, manuals, other manuscripts, certificates, news articles, legal opinions, or other materials not directly related to the inmate’s reformation. (f) If the petition does not conform to the format rules above, the petition will be denied. (3) The Board shall consider the request for an interim hearing by file pass. (4) At its discretion, the Board may request additional information from the inmate. (5) If a petition is denied, the inmate may petition again no earlier than two years from the date of the denial. Statutory/Other Authority: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 History: PAR 9-2010, f. & cert. ef. 9-29-10 PAR 6-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11
255-062-0026 Interim Hearing Finding If the Board finds, based upon a properly-submitted request for an interim hearing, that there is reasonable cause to believe that the inmate may be granted a change in the terms of confinement or a firm release date, the Board shall conduct a hearing as soon as is reasonably convenient. An interim hearing may be granted by a majority of the Board. Statutory/Other Authority: ORS 144.054, 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch 660 History: PAR 9-2010, f. & cert. ef. 9-29-10 PAR 6-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11
255-062-0031 Final Orders (1) When the Board grants an inmate a hearing that is more than two years from the date a petition is denied or from the current projected parole release date, current parole consideration date, or current parole hearing date, and when the Board denies a petition for an interim hearing, the Board shall issue a final order. (2)(a) The order shall be accompanied by findings of fact and conclusions of law. (b) The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order. Statutory/Other Authority: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 144.228, 144.232, 163.105, 163.115 & 2009 OL Ch. 660 History: PAR 9-2010, f. & cert. ef. 9-29-10 PAR 6-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11
255-065-0005 When Restitution, Fines and Fees are Ordered: Payment Schedule (1) For a crime committed after October 4, 1977, when the court sentences a person to pay restitution pursuant to ORS 137.106 and defers any portion of that payment until after release from imprisonment, the Board shall order restitution as a parole or post-prison supervision condition. The court order must specifically order restitution for a specific amount to a specific party. (2) For a crime committed after November 1, 1981, when the court sentences a person to pay a compensatory fine pursuant to ORS 137.101 and defers any portion of that payment until after release from imprisonment, the Board shall order a compensatory fine as a parole or post-prison supervision condition. The court order must specifically order a compensatory fine for a specific amount. (3) When the court has sentenced a person to pay attorney fees pursuant to ORS 161.665 and defers any portion of that payment until after release from imprisonment, the Board may order payment of attorney fees as a parole or post-prison supervision condition. The court order must specifically order attorney fees for a specific amount. (4) In establishing and supervising a schedule for the resumption of payments, the Board shall consider: (a) The offender’s financial resources, including salary, savings, and liquid assets not including place of residence, or those tools or vehicles essential to personal livelihood; (b) The burden that will impose in light of the person’s overall obligations (e.g., family and necessary living expenses); (c) Ability to pay installment or other conditions to be set by the Board; and (d) The rehabilitation affect of the payment and the method of payment. (5) Normal payments shall range up to twenty (20) percent of a person’s take-home salary without voluntary payroll deductions, unless significant savings or liquid assets not including place of residence or tools or vehicle essential to personal livelihood permit larger amounts. (6) The Board shall provide to the sentencing court a copy of the schedule of payments and any modifications. Statutory/Other Authority: ORS 137.101, 137.106, 144.102, 144.275, 161.665 & 423.570 Statutes/Other Implemented: ORS 137.101, 137.106, 137.551, 144 & 161.665 History: PAR 5-1998, f. & cert. ef. 11-9-98 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 2PB 14-1985, f. & ef. 5-31-85 2PB 1-1982, f. & ef. 5-19-82 Reverted to 2PB 1-1979, f. & ef. 2-1-79 2PB 6-1981(Temp), f. & ef. 11-4-81 2PB 1-1979, f. & ef. 2-1-79
255-065-0015 Supervision of Payments: Conditions; Default; Effect on Discharge (1) The offender shall make payments of restitution, compensatory fines, or attorney fees to the clerk of the court of the county of sentencing. (2) The supervising officer shall establish the method and manner of payment for the Board’s approval. (3) If the offender has not made total payment of restitution or compensatory fines by the completion of the designated minimum period of supervision, the Board shall continue the offender on parole until the offender completes payment or until his/her sentence expires, whichever occurs first. (4) If the offender has not made total payment of attorney fees by the completion of the designated minimum period of supervision, the Board may continue the offender on parole until the offender completes payment or until his/her sentence expires, whichever occurs first. (5) The Board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person: (a) Was ordered to pay restitution as a result of another conviction; and (b) Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered. Statutory/Other Authority: ORS 137.101, 137.106, 144.102, 144.275, 161.665 & 423.570 Statutes/Other Implemented: ORS 137.551 & 144 History: PAR 5-1998, f. & cert. ef. 11-9-98 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 2PB 14-1985, f. & ef. 5-31-85 2PB 1-1982, f. & ef. 5-19-82 Reverted to 2PB 1-1979, f. & ef. 2-1-79 2PB 6-1981(Temp), f. & ef. 11-4-81 2PB 1-1979, f. & ef. 2-1-79
255-065-0020 Establishment of Supervision Fees: Criteria, Disbursement of Fees (1) When a person is placed on parole or post-prison supervision, subject to supervision by either the Department of Corrections or a community corrections program established under ORS 423.500 to 423.560, the person shall pay a monthly fee to offset the costs of supervising parole or post-prison supervision. Fees are payable according to the terms set forth in ORS 423.570. (2) The supervision fee shall be at a rate established by the supervising community corrections program In no case shall the fee be less than twenty-five dollars ($25) per month. If the community corrections program fails to establish the amount of the fee, the fee shall be $25. (3) The Board shall order the payment of the supervision fee as a parole or post-prison supervision condition and intentional and willful failure to pay the fee may be grounds for revocation of parole and post-prison supervision or, in the case of parole, extension of the supervision period. (4) In cases of financial hardship or when otherwise advisable in the interest of the released person’s rehabilitation, the community program director or the Director of the Department of Corrections, whichever is appropriate, may waive or reduce the amount of the fee. (5) Fees collected shall be transferred to the Department of Corrections or retained by the county as provided by statute. Statutory/Other Authority: ORS 137.101, 137.106, 144.102, 144.275, 161.665 & 423.570 Statutes/Other Implemented: ORS 137.551 & 144 History: PAR 5-1998, f. & cert. ef. 11-9-98 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 3-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 4-1989, f. & ef. 11-1-89 PAR 6-1988, f. & ef. 5-19-88 2PB 14-1985, f. & ef. 5-31-85 2PB 1-1982, f. & ef. 5-19-82 2PB 6-1981(Temp), f. & ef. 11-4-81
255-070-0001 Conditions Not Limited by Exhibit J (1) The Board may order parole conditions pursuant to OAR 255-070-0015. (2) The Board shall approve post-prison supervision conditions pursuant to OAR 213-011-0001. (3) Conditions of parole and post-prison supervision are not limited to those shown in Exhibit J. (Attached) [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 144.102, ORS 144.106, ORS 144.125, ORS 144.140, ORS 144.185, ORS 144.270, ORS 144.275, ORS 144.343 & ORS 163A Statutes/Other Implemented: ORS 144.102 & ORS 144.270 History: PAR 10-2025, amend filed 07/08/2025, effective 07/08/2025 PAR 2-2023, amend filed 10/19/2023, effective 10/19/2023 PAR 3-2022, temporary amend filed 04/13/2022, effective 04/13/2022 through 10/09/2022 PAR 1-2019, amend filed 05/13/2019, effective 05/29/2019 PAR 8-2018, temporary amend filed 11/19/2018, effective 12/01/2018 through 05/29/2019 PAR 2-2018, amend filed 08/02/2018, effective 08/02/2018 PAR 5-2009, f. 12-31-09 cert. ef. 1-1-10 PAR 1-2009(Temp), f. 4-9-09, cert. ef. 4-10-09 thru 10-7-09 PAR 4-2006, f. & cert. ef. 4-5-06 PAR 1-2004, f. & cert. ef. 1-14-04 PAR 6-2003, f. & cert. ef. 10-10-03 PAR 4-2003(Temp), f. & cert. ef. 6-13-03 thru 12-9-03 PAR 8-2002, f. & cert. ef. 6-17-02 PAR 5-2002(Temp), f. & cert. ef. 4-15-02 thru 10-11-02 PAR 3-2001, f. & cert. ef. 2-29-02 PAR 6-2001(Temp), f. 12-10-01, cert. ef. 1-1-02 thru 6-29-02 PAR 5-2000, f. & cert. ef. 5-22-00 PAR 9-1999, f. & cert. ef. 11-15-99 PAR 6-1999(Temp), f. & cert. ef. 9-15-99 thru 3-12-00 PAR 2-1999, f. & cert. ef. 1-15-99 PAR 5-1998, f. & cert. ef. 11-9-98 PAR 3-1994, f. 11-9-94, cert. ef. 12-1-94 PAR 1-1994, f. & cert. ef. 4-4-94 PAR 5-1993(Temp), f. & cert. ef. 12-3-93 PAR 3-1993, f. & cert. ef. 10-15-93 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1992(Temp), f. & cert. ef. 4-30-92 PAR 3-1992, f. & cert. ef. 4-15-92 PAR 4-1990, f. 6-29-90, cert. ef. 7-1-90 PAR 2-1990, f. & cert. ef. 4-5-90 PAR 17-1988, f. & cert. ef. 10-18-88 PAR 8-1988, f. & cert. ef. 7-1-88 PAR 6-1988, f. & cert. ef. 5-19-88 PAR 5-1988(Temp), f. & cert. ef. 4-15-88 PAR 2-1987, f. & cert. ef. 4-1-87 2PB 1-1986(Temp) , f. & cert. ef. 11-3-86 2PB 15-1985, f. & cert. ef. 5-31-85