reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.627 - Victim’s rights.

(1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680 has, upon request, the following rights:
(a) The right to have the victim’s schedule taken into account in scheduling the post-conviction proceedings;
(b) The right to inspect, in advance of the post-conviction proceedings, any public record on which the disposition of the petition will be based;
(c) The right to be heard, either orally or in writing, at the hearing;
(d) The right to consult with counsel for the state regarding the post-conviction proceeding, including, if applicable, notice of and the opportunity to consult regarding a settlement agreement; and
(e) The right to be informed by counsel for the state of the manner in which the petition was disposed.
(2) As used in this section, "victim" has the meaning given that term in ORS 131.007. [2010 c.89 §2]
Note:
138.627 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.630 - Evidence of events occurring at trial of petitioner.

In a proceeding pursuant to ORS 138.510 to 138.680, events occurring at the trial of petitioner may be shown by a duly authenticated transcript, record or portion thereof. If such transcript or record cannot be produced, the affidavit of the judge who presided at the trial setting forth the facts occurring at the trial shall be admissible in evidence when relevant. When necessary to establish any ground for relief specified in ORS 138.530, the petitioner may allege and prove matters in contradiction of the record of the trial of the petitioner. When the record is so contradicted, the defendant may introduce in evidence any evidence which was admitted in evidence at the trial to support the contradicted matter and may call witnesses whose testimony at such trial supported the contradicted matter. Whenever such evidence or such witnesses cannot be produced by defendant for any reason which is sufficient in the opinion of the court, such parts of the duly authenticated record of the trial as support the contradicted matter may be introduced in evidence by the defendant. A duly authenticated record of the testimony of any witness at the trial may be introduced in evidence to impeach the credibility of any testimony by the same witness in the hearing upon the petition. [1959 c.636 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.640 - Judgment; enforcement.

(1) After deciding the issues raised in the proceeding, the court shall enter a judgment denying the petition or granting the appropriate relief. The judgment may include orders as provided in ORS 138.520. The judgment must clearly state the grounds on which the cause was determined, and whether a state or federal question was presented and decided.
(2) If the court grants the petitioner relief, the judgment is not enforceable in the petitioner’s favor until:
(a) The petitioner causes a certified copy of the judgment to be entered in the circuit court in which the petitioner’s conviction and sentence were rendered; and
(b) The petitioner serves a certified copy of the judgment on the district attorney of the county in which the petitioner’s conviction and sentence were rendered. [1959 c.636 §14; 2003 c.576 §245; 2007 c.193 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.660 - Summary affirmation of judgment; dismissal of appeal.

In reviewing the judgment of the circuit court in a proceeding pursuant to ORS 138.510 to 138.680, the Court of Appeals on its own motion or on motion of respondent may summarily affirm, after submission of the appellant’s brief and without submission of the respondent’s brief, the judgment on appeal without oral argument if it finds that no substantial question of law is presented by the appeal. Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny or, if the petitioner does not oppose the motion, grant a respondent’s motion for summary affirmation. A dismissal of the appeal under this section shall constitute a decision upon the merits of the appeal. [1959 c.636 §19; 1963 c.557 §2; 1969 c.198 §73; 1995 c.295 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.665 - Remand for reconsideration of judgment or order; appeal.

(1) Upon joint motion of the parties to an appeal in a post-conviction relief proceeding, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the circuit court to reconsider the judgment or order. Upon remand, the circuit court shall have jurisdiction to enter a revised judgment or order.
(2) After entry of a modified judgment or order on reconsideration, or upon reentry of the original judgment or order, either party may appeal in the same time and manner as an appeal from the original judgment or order. [2015 c.12 §1]
Note:
138.665 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.670 - Admissibility, at new trial, of testimony of witness at first trial.

In the event that a new trial is ordered as the relief granted in a proceeding pursuant to ORS 138.510 to 138.680, a properly authenticated transcript of testimony in the first trial may be introduced in evidence to supply the testimony of any witness at the first trial who has since died or who cannot be produced at the new trial for other sufficient cause. Such transcript shall not be admissible in any other respect, except that the transcript of testimony of a witness at the first trial may be used at the new trial to impeach the testimony at the new trial by the same witness. [1959 c.636 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.686 - Automatic stay of sentence of death for federal appeal and state post-conviction relief.

(1) The execution of a sentence of death is automatically stayed for 90 days following the effective date of an appellate judgment affirming the sentence of death on automatic and direct review.
(2) If the defendant files a petition for certiorari seeking United States Supreme Court review of the sentence of death within 90 days after the effective date of the appellate judgment or within such other time as allowed by the United States Supreme Court, execution of the sentence of death is automatically stayed until the United States Supreme Court denies the petition or grants the petition and resolves the merits.
(3) Upon final resolution of a petition for certiorari to the United States Supreme Court, execution of the sentence of death is automatically stayed for 30 days after the date the petition is resolved to allow the defendant to file a notice in the circuit court of the county in which the defendant is imprisoned attesting to the defendant’s intent to file a petition for post-conviction relief. If the defendant files a first petition for post-conviction relief within 90 days after the notice provided for in this subsection, the execution of the sentence of death is stayed until the post-conviction petition is finally resolved. If a first petition for post-conviction relief is not filed within 90 days after the notice provided for in this subsection, the defendant may apply to the circuit court in which the notice was filed to extend the stay. The circuit court shall extend the stay for a reasonable time upon the defendant’s showing that progress is being made in the preparation of the petition and that it will be filed within a reasonable time.
(4) If the defendant does not file a petition for certiorari seeking United States Supreme Court review of the sentence of death but does file a first petition for post-conviction relief within 90 days after the date upon which the appellate judgment becomes effective, execution of the sentence of death is stayed until the petition for post-conviction relief is finally resolved. [1999 c.1055 §6]
Note:
138.686 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.688 - Definitions.

As used in ORS 138.688 to 138.700:
(1) "CODIS" means the Combined DNA Index System.
(2) "DNA" means deoxyribonucleic acid.
(3) "Exculpatory results" and "exculpatory evidence" are limited to those DNA test results or evidence that are material to a determination of the identity of the individual who committed the crime, or whether the crime was committed.
(4) "Federal standards" means the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories, as modified or amended by the Federal Bureau of Investigation, or any successor standards adopted by the Federal Bureau of Investigation.
(5) "National DNA Index System" or "NDIS" means a national, searchable DNA database created and maintained by the Federal Bureau of Investigation where DNA profiles are stored.
(6) "NDIS manual" means the Federal Bureau of Investigation’s NDIS Operational Procedures Manual, as modified or amended by the Federal Bureau of Investigation, or any successor operational procedures manual.
(7) "NDIS-participating laboratory" means a forensic laboratory that has been designated to operate CODIS and participate in the National DNA Index System.
(8) "Nonparticipating laboratory" means a laboratory that does not participate in the National DNA Index System but that is accredited by a nonprofit organization and meets federal standards.
(9) "State DNA index system" means a statewide, searchable DNA database created and maintained by the Department of State Police where DNA profiles are stored. [2019 c.368 §2]
Note:
138.688 to 138.700 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.690 - Commencement of DNA testing proceedings; discovery.

(1) A person may file in the circuit court in which the judgment of conviction was entered a petition requesting the commencement of a DNA testing proceeding, and requesting that the court appoint an attorney for the purpose of determining whether to file a motion under ORS 138.692 for the performance of DNA testing on specific evidence, if the person has been convicted of aggravated murder or a felony in which DNA evidence could exist and is related to the investigation or prosecution that resulted in the judgment of conviction.
(2) After proceedings have been commenced under subsection (1) of this section:
(a) Upon motion of the person, the court shall order that the person be provided with a copy of property and evidence control and disposition records for all evidence related to the investigation or prosecution that resulted in the judgment of conviction. If forensic testing on the evidence has previously occurred, the court shall further order that the person be provided with access to the results of the testing and to any other written materials related to the testing, including reports, underlying data, notes and protocols.
(b) Upon motion of the person and a showing that good faith efforts to obtain discovery materials from prior defense counsel were made and were unsuccessful, the court shall order that the person be provided reasonable access to discovery materials in the possession of the district attorney and law enforcement agencies that the person would have received under ORS 135.815 prior to trial.
(3) At any time after a person files a petition under subsection (1) of this section, the person may file a motion to dismiss the proceeding on the grounds that the person does not wish to proceed with DNA testing. Upon receipt of the motion, the court shall dismiss the petition without prejudice.
(4) The court may not charge a fee for any filing under ORS 138.688 to 138.700.
(5) The State Court Administrator shall develop forms for proceedings under ORS 138.688 to 138.700. The State Court Administrator shall provide the forms to the clerk of each circuit court, who shall make the forms available to the public.
(6) ORS 138.688 to 138.700 are not the exclusive means by which a person convicted of a crime may obtain post-conviction DNA testing, and nothing in ORS 138.688 to 138.700 limits or affects any other means by which a person convicted of a crime may obtain post-conviction DNA testing.
(7) If the victim did not request notification under ORS 147.433, the district attorney may provide notification upon the filing of a petition under this section if the name and address of the victim are known to the district attorney. [2001 c.697 §1; 2005 c.759 §1; 2007 c.800 §1; 2015 c.564 §1; 2019 c.368 §3]
Note:
See note under 138.688.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.694 - Appointed counsel.

(1) A person described in ORS 138.690 is entitled to counsel during all stages of the proceedings described in ORS 138.692, 138.696, 138.697 and 138.700.
(2) A person described in ORS 138.690 may file a petition in the circuit court in which the judgment of conviction was entered requesting the appointment of counsel at state expense to assist the person in determining whether to file a motion under ORS 138.692. The petition must be accompanied by:
(a) A completed affidavit of eligibility for appointment of counsel at state expense; and
(b) An affidavit stating that:
(A) The person meets the criteria in ORS 138.690;
(B) The person is innocent of the charge for which the person was convicted; and
(C) The person is without sufficient funds and assets, as shown by the affidavit required by paragraph (a) of this subsection, to hire an attorney to represent the person in determining whether to file a motion under ORS 138.692.
(3) The court shall grant a petition filed under this section if:
(a) The petitioner complies with the requirements of subsection (2) of this section; and
(b) It appears to the court that the petitioner is financially unable to employ suitable counsel possessing skills and experience commensurate with the nature and complexity of the matter.
(4) An attorney appointed under this section:
(a) If other than counsel provided pursuant to ORS 151.460, is entitled to compensation and expenses as provided in ORS 135.055; or
(b) If counsel provided pursuant to ORS 151.460, is entitled to expenses as provided in ORS 135.055. [2001 c.697 §4; 2007 c.800 §3; 2015 c.564 §3; 2019 c.368 §5]
Note:
See note under 138.688.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.696 - Test results; motion for new trial.

(1) If DNA testing ordered under ORS 138.692 produces inconclusive evidence or evidence that is unfavorable to the person requesting the testing:
(a) The court shall forward the results to the State Board of Parole and Post-Prison Supervision; and
(b) The Department of State Police shall compare the evidence to DNA evidence from unsolved crimes in the Combined DNA Index System.
(2) If DNA testing ordered under ORS 138.692 produces exculpatory evidence, the person who requested the testing may file in the court that ordered the testing a motion for a new trial based on newly discovered evidence. Notwithstanding the time limit established in ORCP 64 F, a person may file a motion under this subsection at any time during the 60-day period that begins on the date the person receives the test results.
(3) Upon receipt of a motion filed under subsection (2) of this section and notwithstanding the time limits in ORCP 64 F, the court shall hear the motion pursuant to ORCP 64.
(4) If the court orders a new trial in response to a motion described in this section, the district attorney shall notify the victim. [2001 c.697 §3; 2003 c.288 §3; 2015 c.564 §4; 2019 c.368 §6]
Note:
See note under 138.688.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.697 - Appeal of court order.

(1) A person described in ORS 138.690 may appeal to the Court of Appeals from a circuit court’s final order or judgment denying or limiting DNA testing under ORS 138.692, denying appointment of counsel under ORS 138.694 or denying a motion for a new trial under ORS 138.696.
(2) The state may appeal to the Court of Appeals from a circuit court’s final order or judgment granting a motion for DNA testing under ORS 138.692 or granting a motion for a new trial under ORS 138.696.
(3) The time limits described in ORS 138.071, the notice requirements described in ORS 138.081 and 138.090 and the provisions of ORS 138.225, 138.227, 138.255 and 138.257 apply to appeals under this section unless the context requires otherwise.
(4) A circuit court shall appoint counsel to represent a person described in ORS 138.690 on appeal in the same manner as for criminal defendants under ORS 138.500. [2013 c.152 §1; 2015 c.564 §5; 2017 c.529 §25; 2019 c.368 §9]
Note:
See note under 138.688.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.698 - Effect of setting aside conviction on plea agreement.

When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692, the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of:
(1) The period of limitation established for the offense under ORS 131.125 to 131.155; or
(2) Notwithstanding ORS 131.125 and 131.155, two years after the date the conviction was set aside. [2005 c.759 §3; 2019 c.368 §10]
Note:
See note under 138.688.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 138 - Appeals; Post-Conviction Relief › Section 138.750

[Subsection (1) enacted as 1963 c.600 §4(2); subsection (2) enacted as 1963 c.600 §5(4); 1967 c.35 §1; 1969 c.644 §1; 1971 c.642 §3; renumbered 151.230]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 142 - Stolen Property › Section 142.010 - Officer’s custody of stolen property is subject to order of magistrate or court.

When property alleged to have been the subject of a theft comes into the custody of a peace officer, the peace officer shall hold it subject to the order of the magistrate or court, as provided in ORS 142.020. [Amended by 1971 c.743 §334]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 142 - Stolen Property › Section 142.020 - Delivery of stolen property to owner.

(1) On satisfactory proof of the title of the owner of the property, the magistrate who examines the charge against the person accused of the crime shall order it to be delivered to the owner, or the duly authorized agent of the owner, on the paying by the owner of the reasonable and necessary expenses incurred in its preservation, which shall be ascertained and certified by the magistrate.
(2) If property that is the subject of a theft has not been delivered to the owner, the court before which a trial is had for the stealing thereof may, on like proof and condition, order its delivery to the owner or the agent of the owner. [Amended by 1971 c.743 §335]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 142 - Stolen Property › Section 142.030 - Rights and authority conferred by order of delivery.

The order provided for in ORS 142.020 entitles the owner or the agent of the owner to demand and receive the possession of the property from the officer having it in custody and authorizes such officer to deliver it accordingly; but it does not affect the rights of third persons.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 142 - Stolen Property › Section 142.040 - Disposal of unclaimed money or property; sale of property.

If stolen property is not claimed by the owner within 60 days from the conviction of the person charged with the theft, the officer having it in custody shall, if it is money, pay it into the county treasury. If it is other property, the officer may dispose of the property in accordance with ORS 98.245 or sell it as upon an execution and, after paying the expenses of the sale and preservation of the property, which shall be ascertained and certified by the clerk of the court, pay the proceeds into the county treasury. [Amended by 1971 c.743 §336; 1997 c.480 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 142 - Stolen Property › Section 142.060 - Crediting and appropriating proceeds of sale paid into county treasury; rights of owner.

Money paid into the county treasury pursuant to ORS 142.040 shall be credited and appropriated as a fine imposed upon a person convicted of theft; but the owner of the property, at any time within six years of the conviction, upon making satisfactory proof of ownership before the county court of the county, may, by the order of such court, have the proceeds repaid to the owner from the county treasury. [Amended by 1971 c.743 §337]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 142 - Stolen Property › Section 142.070 - Powers and duties of peace officers respecting theft and slaughter of animals and other property.

All persons serving as special officers for the enforcement of any state or municipal law hereby are vested with the full powers of peace officers in so far as the same may be necessary or convenient for the apprehension of any persons engaged in, or accused of, the theft or slaughter of livestock, livestock carcasses, poultry, killed or dressed, or other personal property and products of the same or different kind from farms, pastures, ranges, industrial plants and other places of production or robbing the owners of such personal property, or other persons in possession of the same; for the prevention of such crimes; and for obtaining and seeking to obtain evidence of such crimes. It is the duty of all peace officers in the State of Oregon to enforce all laws for the protection of the property and the prevention of the crimes above mentioned.
2023 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.

(1) A State Board of Parole and Post-Prison Supervision of at least three but no more than five members hereby is created. At least one member must be a woman.
(2)(a) Members of the board shall be appointed by the Governor and serve for a term of four years.
(b) If the number of members falls below three for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(c) The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.
(3) Each member shall devote the member’s entire time to the performance of the duties imposed on the board and shall not engage in any partisan political activity.
(4) The members shall receive a salary set by the Governor. In addition, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties within limits as provided by law or under ORS 292.220 and 292.230.
(5) The Director of the Department of Corrections shall serve as an ex officio nonvoting member of the board and shall not be considered a member for the purposes of subsections (1) to (4) of this section. [1969 c.597 §102; 1973 c.836 §281; 1975 c.217 §1; 1987 c.320 §47; 1989 c.790 §22; 1991 c.126 §1; 2015 c.820 §37]
2023 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 144.015 - Confirmation by Senate.

Except as provided in ORS 144.005 (2)(b), the appointment of a member of the State Board of Parole and Post-Prison Supervision is subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. [1969 c.597 §107; 1973 c.836 §282; 1985 c.565 §15; 2015 c.820 §38]
2023 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 144.025 - Chairperson; quorum; participation of all members; rules.

(1) The Governor shall select one of the members of the State Board of Parole and Post-Prison Supervision as chairperson and another member as vice chairperson, for such terms and with duties and powers, in addition to those established by law, necessary for the performance of the function of such office as the Governor determines.
(2) A majority of the members of the board constitutes a quorum for decisions concerning rules and policies.
(3) Except as otherwise provided in this chapter, decisions affecting individuals under the jurisdiction of the board shall be made as designated by the rules of the board.
(4) Except as otherwise provided by statute, all board hearings are presumed to be panel hearings.
(5) The chairperson of the board may require all voting members of the board to participate in any hearing or decision requiring at least three board members. The decision to require the participation of all board members is not appealable.
(6) The board shall adopt rules concerning the number of board members that participate in board hearings and decisions. [1969 c.597 §106; 1973 c.836 §283; 1975 c.217 §3; 1981 c.644 §3; 1989 c.589 §1; 1991 c.126 §2; 2015 c.820 §39]
2023 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 144.035 - Board hearings; panels; exception.

(1) In hearings conducted by the State Board of Parole and Post-Prison Supervision, the board may sit together or in panels.
(2) Panels may consist of one or two board members or of one member and one hearings officer, appointed by the chairperson as a designated representative of the board. A panel consisting of one member or of one member and one hearings officer shall be used only when considering adults in custody convicted of non person-to-person crimes as defined in the rules of the Oregon Criminal Justice Commission. The chairperson of the board from time to time shall make assignments of members to the panels. The chairperson of the board may participate on any panel.
(3) The chairperson shall apportion matters for decision to the panels. Each panel shall have the authority to hear and determine all questions before it. However:
(a) If there is a division in the panel so that a decision is not unanimous, another member shall vote after administrative review of the record.
(b) In case of a panel consisting of one board member, another member shall vote after administrative review of the record.
(c) If the original panel was made up of one board member and the member voting after administrative review of the record disagrees with the decision, the matter shall be reassigned to a panel made up of the remaining board members. If this second panel agrees with neither member of the original panel, the matter will be referred to a hearing before the full board.
(4) The provisions of subsections (1) to (3) of this section shall not apply to a decision to release a prisoner sentenced under ORS 144.110 (1). In such cases, the board shall release the prisoner only upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members.
(5) The chairperson may elect to conduct the hearings described in this section by conference call with the prisoner. [1975 c.217 §4; 1977 c.372 §15; 1989 c.105 §1; 1989 c.589 §2; 1991 c.126 §3; 2015 c.820 §40; 2019 c.213 §117]
2023 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 144.040 - Board to determine parole and post-prison supervision violations.

The State Board of Parole and Post-Prison Supervision shall determine whether violation of conditions of parole or post-prison supervision exists in specific cases. [Amended by 1955 c.688 §3; 1969 c.597 §108; 1973 c.836 §284; 1989 c.790 §24]
2023 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 144.050 - Power of board to authorize parole; rules.

Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any adult in custody, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go upon parole subject to being arrested and detained under written order of the board or as provided in ORS 144.350. The state board may establish rules applicable to parole. [Amended by 1959 c.101 §1; 1967 c.372 §7; 1969 c.597 §109; 1971 c.633 §10; 1973 c.694 §2; 1973 c.836 §285; 1974 c.36 §3; 1981 c.243 §1; 1987 c.320 §48; 1989 c.790 §25; 2019 c.213 §25]
2023 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 144.054 - When board decision must be reviewed by at least three board members.

Whenever the State Board of Parole and Post-Prison Supervision makes a decision affecting a person sentenced to life imprisonment or convicted of a crime involving the death of a victim, whether or not the prosecution directly charged the person with causing the death of the victim, the decision affecting such person must be reviewed by no fewer than three board members. [1975 c.217 §5; 2015 c.820 §41]
2023 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 144.059 - State Board of Parole and Post-Prison Supervision Account.

The State Board of Parole and Post-Prison Supervision Account is established separate and distinct from the General Fund. All moneys received by the State Board of Parole and Post-Prison Supervision, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board. [2001 c.716 §2]
Note:
144.059 was enacted into law by the Legislative Assembly but was 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.
2023 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 144.060 - Acceptance of funds or property; contracts with federal government and others.

The Department of Corrections, with the written consent of the Governor, shall:
(1) Accept from the United States of America, or any of its agencies, such funds, equipment and supplies as may be made available to this state to carry out any of the functions of the department and shall enter into such contracts and agreements with the United States, or any of its agencies, as may be necessary, proper and convenient, not contrary to the laws of this state.
(2) Enter into an agreement with the county court or board of county commissioners of any county, or with the governing officials of any municipality of this state having a population of 300,000 or less for the payment by the county or municipality of all or any part of the cost of the performance by the Department of Corrections or State Board of Parole and Post-Prison Supervision of any parole, post-prison supervision or probation services or of the supervision of any parole, post-prison supervision or probation case arising within the county or municipality.
(3) Accept any grant or donation of land or any gift of money or other valuable thing made to the state to carry out any of the functions of the department.
(4) Enter into an agreement with the county court or board of county commissioners of each county within the boundaries of which the largest part of a city having a population of more than 300,000 is situated for the payment by the county of all or any part of the cost of the performance by the department of all or any part of the responsibility for prisoners transferred to the county by section 13, chapter 633, Oregon Laws 1971. [Amended by 1969 c.597 §112; 1971 c.633 §11; 1973 c.836 §286; 1974 c.36 §4; 1987 c.320 §49; 1989 c.790 §26]
2023 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 144.075 - Payment of expenses of returning violators of parole or post-prison supervision, conditional pardon or commutation.

Any expense incurred by the state for returning to the Department of Corrections any parole or post-prison supervision violator or violator of a conditional commutation or conditional pardon shall be paid out of the biennial appropriations made for the payment of the state’s portion of the expenses incident to such transportation. [1953 c.191 §1; 1973 c.836 §287; 1987 c.320 §50; 1989 c.790 §27]
2023 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 144.083 - Early discharge from supervision; rules.

(1) Notwithstanding ORS 137.765 and 144.103, the State Board of Parole and Post-Prison Supervision may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court if:
(a) The person is permanently incapacitated and has a condition that requires constant medical care;
(b) Parole or post-prison supervision prevents the person from accessing a care facility;
(c) The person provides substantiation and verification of the medical condition from a medical professional; and
(d) The board, in its discretion, determines that early discharge from supervision is compatible with the best interests of the person and the community.
(2) The board shall adopt rules establishing criteria for discharging persons from parole or post-prison supervision under this section.
(3) If a victim has requested notification of the status of a person on parole or post-prison supervision and has provided the board with contact information, the board shall make a reasonable effort to notify the victim prior to any final decision concerning discharge under this section. [2021 c.203 §2]
2023 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 144.086 - Supervision conditions related to medical use of cannabis.

(1) As used in this section, "cannabinoid concentrate," "cannabinoid extract," "medical cannabinoid product," "registry identification card" and "usable marijuana" have the meanings given those terms in ORS 475C.777.
(2) Notwithstanding ORS 144.102 and 144.270, if a person who holds a registry identification card is released on post-prison supervision or parole, the supervision conditions related to the use of usable marijuana, medical cannabinoid products, cannabinoid concentrates or cannabinoid extracts must be imposed in the same manner as supervision conditions related to prescription drugs. [2016 c.24 §53; 2019 c.292 §9]
2023 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 144.087 - "Supervisory authority" defined.

(1) As used in ORS 137.124, 144.085 and 423.478, ORS chapter 144 and this section, "supervisory authority" means the state or local corrections agency or official designated in each county by that county’s board of county commissioners or county court to operate corrections supervision services, custodial facilities or both.
(2) Except as provided in ORS 137.124, 137.593 (2)(d) and 423.478, all terms of imprisonment or incarceration of 12 months or less must be served at the direction of the supervisory authority.
(3) Nothing in this section is intended to repeal ORS 169.320 to 169.360, or in any way affect the sheriff’s authority, duties and liabilities set forth in ORS 169.320 to 169.360. [1995 c.423 §27; 1996 c.4 §11]
Note:
144.087 was enacted into law by the Legislative Assembly but was 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.
2023 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 144.103 - Term of active post-prison supervision for person convicted of certain offenses.

(1) Except as otherwise provided in ORS 137.765 and subsection (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.365, 163.375, 163.395, 163.405, 163.408, 163.411, 163.425 or 163.427 shall serve a term of active post-prison supervision that continues until the term of the post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation.
(2)(a) A person sentenced to a term of imprisonment for violating one of the offenses listed in paragraph (b) of this subsection shall serve a term of post-prison supervision that continues for the rest of the person’s life if the person was at least 18 years of age at the time the person committed the crime.
(b) The offenses to which paragraph (a) of this subsection applies are:
(A) ORS 163.375 (1)(b);
(B) ORS 163.405 (1)(b);
(C) ORS 163.411 (1)(b); and
(D) ORS 163.235 when the offense is committed in furtherance of the commission or attempted commission of rape in the first degree, sodomy in the first degree or unlawful sexual penetration in the first degree if the victim is under 12 years of age.
(c) When a person is sentenced to a term of post-prison supervision described in paragraph (a) of this subsection, the person must be actively supervised for at least the first 10 years of the post-prison supervision and actively tracked for the remainder of the term. Active tracking may be done by means of an electronic device attached to the person.
(3) A person sentenced to a term of imprisonment for violating ORS 163.185 (1)(b) shall serve a term of post-prison supervision that continues until the term of the post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation. [1991 c.831 §1; 1993 c.301 §4; 1999 c.161 §1; 1999 c.163 §5; subsection (2) of 2005 Edition enacted as 2005 c.513 §2; 2006 c.1 §2; 2013 c.708 §31; 2021 c.653 §7]
Note:
144.103 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 144 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 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 144.104 - Supervisory authority; revising conditions.

(1) Upon release from prison, the person shall be supervised by the Department of Corrections or other supervisory authority.
(2) During the period of post-prison supervision, the supervisory authority may adjust the level of supervision and recommend to the State Board of Parole and Post-Prison Supervision revisions to the conditions of supervision appropriate to the released person’s conduct in the community. [1989 c.790 §§33,34; 1995 c.423 §24]
Note:
See second note under 144.096.
2023 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 144.107 - Sanctions for violations of conditions of post-prison supervision; rules.

(1) The State Board of Parole and Post-Prison Supervision and the Department of Corrections, in consultation with local supervisory authorities, shall jointly adopt rules under this section to establish sanctions and procedures to impose sanctions for a violation of the conditions of post-prison supervision for a person serving a term of post-prison supervision subject to subsections (2) and (3) of this section.
(2) The rules adopted under subsection (1) of this section apply only to a person serving a term of post-prison supervision for a felony committed on or after July 14, 1997.
(3) In addition to the limitation under subsection (2) of this section, the rules adopted under subsection (1) of this section apply only to a person serving a term of post-prison supervision:
(a) That follows the completion of a sentence to a term of imprisonment that exceeds 12 months;
(b) That is imposed for a felony that is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;
(c) That is imposed as part of a sentence under ORS 137.700 or 137.707;
(d) That is imposed as part of a sentence as a dangerous offender under ORS 161.725 and 161.737; or
(e) That is subject to ORS 144.103.
(4) The board shall adopt rules under subsection (1) of this section that include, but need not be limited to, a sanction under ORS 144.108 of imprisonment in a correctional facility for a period that may exceed 12 months. The rules adopted by the board may not allow the imposition of more than 24 months of imprisonment as a sanction without a subsequent hearing to determine whether additional imprisonment is appropriate. A subsequent hearing must follow the same procedures as those used in an initial hearing under ORS 144.108.
(5) The rules adopted under subsection (1) of this section must provide that the total time served in Department of Corrections institutions by an offender who is sanctioned under the rules, including the time served on the initial sentence and all periods of incarceration served as sanctions in Department of Corrections institutions, may not exceed the greater of:
(a) The length of incarceration plus the length of post-prison supervision imposed by the court unless the offender was sentenced under ORS 137.765;
(b) A maximum term of imprisonment imposed by the court; or
(c) If the offender was sentenced under ORS 137.765, the length of the maximum statutory indeterminate sentence for the crime of conviction.
(6) As used in this section, "Department of Corrections institutions" has the same meaning given that term in ORS 421.005. [1997 c.525 §2; 1999 c.163 §6; 2006 c.1 §6]
2023 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 144.108 - Recommitment to prison for certain violations; procedure; effect of recommitment.

(1) If the violation of post-prison supervision is new criminal activity or if the supervisory authority finds that the continuum of sanctions is insufficient punishment for a violation of the conditions of post-prison supervision, the supervisory authority may:
(a) Impose the most restrictive sanction available, including incarceration in jail;
(b) Request the State Board of Parole and Post-Prison Supervision to impose a sanction under subsection (2) of this section; or
(c) Request the board to impose a sanction under ORS 144.107.
(2) If so requested, the board or its designated representative shall hold a hearing to determine whether incarceration in a jail or state correctional facility is appropriate. Except as otherwise provided by rules of the board and the Department of Corrections concerning parole and post-prison supervision violators, the board may impose a sanction up to the maximum provided by rules of the Oregon Criminal Justice Commission. In conducting a hearing pursuant to this subsection, the board or its designated representative shall follow the procedures and the offender shall have all the rights described in ORS 144.343 and 144.347 relating to revocation of parole.
(3) A person who is ordered to serve a term of incarceration in a jail or state correctional facility as a sanction for a post-prison supervision violation is not eligible for:
(a) Earned credit time as described in ORS 169.110 or 421.121;
(b) Transitional leave as defined in ORS 421.168; or
(c) Temporary leave as described in ORS 169.115 or 421.165 (1987 Replacement Part).
(4) A person who is ordered to serve a term of incarceration in a state correctional facility as a sanction for a post-prison supervision violation shall receive credit for time served on the post-prison supervision violation prior to the board’s imposition of the term of incarceration. [1989 c.790 §36; 1995 c.423 §17; 1997 c.313 §13; 1997 c.525 §5; 2009 c.178 §29; 2010 c.89 §12]
Note:
See second note under 144.096.
2023 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 144.109 - Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction.

When a person has been sentenced as a sexually violent dangerous offender under ORS 137.765, the maximum period of local custody to which the State Board of Parole and Post-Prison Supervision or the local supervisory authority may sanction the offender for any violation of post-prison supervision is 180 days. Notwithstanding ORS 161.605, the sanction may be imposed repeatedly during the term of the post-prison supervision for subsequent post-prison supervision violations. However, the board or local supervisory authority may impose only a single sanction for all violations known to the board or local supervisory authority as of the date that the sanction is imposed. [1999 c.163 §2]
Note:
144.109 was enacted into law by the Legislative Assembly but was 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.