reglab/statecodes huggingface dataset:
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 144.405 - Duty of officer upon seizure; disposition of property if no claim to rightful possession is established.

(1) Notwithstanding ORS 98.302 to 98.436 and ORS 133.623, upon seizing property in connection with a suspected violation of the conditions of supervision, a parole and probation officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy to the suspected supervision violator. The list shall contain a notice informing the person of the right to contest the seizure by filing a petition and shall contain such other information as the Department of Corrections, by rule, may require.
(2) If no claim of rightful possession has been established under ORS 144.405 to 144.409, the Department of Corrections may order the sale, destruction or other disposition of the things seized. The department may enter into agreements with other state and local officials responsible under applicable laws for selling, destroying or otherwise disposing of contraband or forfeited or unclaimed goods in official custody for ultimate disposition of the things seized. The clear proceeds, if any, generated by the disposition of things seized shall be deposited in the State Treasury to the credit of the General Fund.
(3) If things seized by a parole and probation officer in execution of duty are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession to the satisfaction of the Department of Corrections, the department may summarily return the things seized to their rightful possessor.
(4) If the things seized are contraband, the fruits of crime or things otherwise criminally possessed, the Department of Corrections may:
(a) Relinquish custody of the things seized to appropriate law enforcement officials for disposition; or
(b) Hold and safeguard the things seized until directed by appropriate law enforcement officials that the things in question are no longer needed for purposes of criminal prosecution. [1991 c.286 §2; 2021 c.206 §2]
Note:
See note under 144.404.
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 144.406 - Petition for return of things seized; rules.

(1) Within 30 days after actual notice of any seizure, or at such later date as the Department of Corrections in its discretion may allow:
(a) An individual from whose person, property or premises things have been seized may petition the department to return the things seized to the person, property or premises from which they were seized.
(b) Any other person asserting a claim to rightful possession of the things seized may petition the department to restore the things seized to the person.
(2) Petitions for return or restoration of things seized shall be served on the department in accordance with rules adopted by the department.
(3) Service of a petition for the return or restoration of things seized shall be made by certified or registered mail, return receipt requested. [1991 c.286 §3; 2021 c.206 §3]
Note:
See note under 144.404.
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 144.407 - Grounds for valid claim to rightful possession.

A petition for the return or restoration of things seized shall be based on the ground that the petitioner has a valid claim to rightful possession because:
(1) The things had been stolen or otherwise converted and the petitioner is the owner or rightful possessor;
(2) The things seized were not, in fact, subject to seizure in connection with the suspected supervision violation;
(3) Although the things seized were subject to seizure in connection with a suspected supervision violation, the petitioner is or will be entitled to their return or restoration upon a determination by the Department of Corrections, the State Board of Parole and Post-Prison Supervision or a court that they are no longer needed for evidentiary purposes, do not constitute a supervision violation or may be lawfully possessed by the petitioner; or
(4) The suspected supervision violator and the department have stipulated that the things seized may be returned to the petitioner. [1991 c.286 §4; 2021 c.206 §4]
Note:
See note under 144.404.
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 144.408 - Hearing on petition.

(1) If, upon consideration of a petition for return or restoration of things seized, it appears to the Department of Corrections that the things should be returned or restored, but there is substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the department may set a further hearing, assuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard. Upon completion of the hearing, the department shall enter an order for the return or restoration of the things seized.
(2) Instead of conducting the hearing provided for in subsection (1) of this section and returning or restoring the property, the department in its discretion, may leave the claimants to appropriate civil process for the determination of the claims. [1991 c.286 §5; 2021 c.206 §5]
Note:
See note under 144.404.
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 144.409 - Granting petition for return of things seized; judicial review.

(1) In granting a petition for return or restoration of things seized, the Department of Corrections shall postpone execution of the order until such time as the things in question are no longer needed for evidentiary purposes in establishing either a criminal or supervision violation.
(2) Judicial review of a department order for return or restoration of things seized shall be available as for review of orders in other than contested cases as provided in ORS chapter 183. [1991 c.286 §6; 2021 c.206 §6]
Note:
See note under 144.404.
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 144.410 - Definitions for ORS 144.410 to 144.525.

As used in ORS 144.410 to 144.525, unless the context requires otherwise:
(1) "Director" means the Director of the Department of Corrections.
(2) "Department" means the Department of Corrections.
(3) "Department of Corrections institutions" has the meaning found in ORS 421.005. [1965 c.463 §1; 1969 c.597 §120; 1973 c.836 §302; 1987 c.320 §67]
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 144.420 - Department of Corrections to administer work release program; purposes of release; housing of parolee.

(1) The Department of Corrections shall establish and administer a work release program in which a misdemeanant or felon may participate, and if confined, be authorized to leave assigned quarters for the purpose of:
(a) Participating in an adult in custody work program approved by the Director of the Department of Corrections, including work with public or private agencies or persons, with or without compensation.
(b) Obtaining in this state additional education, including but not limited to vocational, technical and general education.
(c) Participating in alcohol or drug treatment programs.
(d) Participating in mental health programs.
(e) Specific treatment to develop independent living skills.
(2) The Department of Corrections is responsible for the quartering and supervision of persons enrolled in the work release program. The Department of Corrections may house for rehabilitative purposes, in a work release facility, a parolee under the jurisdiction of the State Board of Parole and Post-Prison Supervision, with the written consent of the parolee and the approval of the board, in accordance with procedures established by the department and the board. [1965 c.463 §2; 1967 c.354 §1; 1969 c.597 §138; 1973 c.242 §1; 1973 c.836 §303; 1974 c.36 §8; 1987 c.320 §68; 1989 c.790 §69; 1991 c.161 §1; 1995 c.384 §3; 1997 c.851 §1; 2019 c.213 §33]
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 144.430 - Duties of department in administering program.

(1) The Department of Corrections shall administer the work release program by means of such staff organization and personnel as the director considers necessary. In addition to other duties, the department shall:
(a) Locate employment for qualified applicants;
(b) Effect placement of persons under the work release program;
(c) Collect, account for and make disbursements from earnings, if any, of persons under the work release program;
(d) Generally promote public understanding and acceptance of the work release program; and
(e) Establish and maintain community centers.
(2) The Department of Corrections may enter into agreements with other public or private agencies or persons for providing services relating to work release programs.
(3) In carrying out the provisions of this section, the Department of Corrections may enter into agreements with the Department of Human Services to provide such services as determined by the Department of Corrections and as the Department of Human Services is authorized to provide under ORS 344.511 to 344.550. [1965 c.463 §3; 1967 c.289 §1; 1969 c.597 §121; 1973 c.836 §304; 1987 c.320 §69; 1995 c.384 §4; 2013 c.130 §3]
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 144.440 - Recommendation by sentencing court.

When a person is sentenced to the custody of the Department of Corrections, the court may recommend to the department that the person so sentenced be granted the option of serving the sentence by enrollment in the work release program established under ORS 144.420. [1965 c.463 §4; 1973 c.836 §305; 1987 c.320 §70]
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 144.450 - Approval or rejection of recommendations; rules; exemptions from Administrative Procedures Act.

(1) The Director of the Department of Corrections shall approve or reject each recommendation under ORS 144.440 or 421.170 for enrollment in the work release program. Rejection by the director of a recommendation does not preclude submission under ORS 421.170 of subsequent recommendations regarding enrollment of the same person.
(2) An adult in custody may be assigned by the Department of Corrections to participate in an adult in custody work program, or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, without the consent of the adult in custody.
(3) The director shall promulgate rules for carrying out ORS 144.410 to 144.525 and 421.170.
(4) In approving a recommendation and enrolling a person in the work release program, or in assigning an adult in custody to participate in an adult in custody work program or in education, alcohol and drug treatment or mental health or other specific treatment program to develop independent living skills, the director may prescribe any specific conditions that the director finds appropriate to assure compliance by the person with the general procedures and objectives of the work release program.
(5) ORS 183.410 to 183.500 do not apply to actions taken under this section. [1965 c.463 §7; 1973 c.621 §8a; 1973 c.836 §306; 1987 c.320 §70a; 1995 c.384 §5; 1997 c.851 §9; 2019 c.213 §34]
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 144.460 - Contracts for quartering of enrollees.

The Department of Corrections may contract with the governing bodies of political subdivisions in this state, with the federal government and with any private agencies approved by the department for the quartering in suitable local facilities of persons enrolled in work release programs. [1965 c.463 §8; 1969 c.597 §122; 1969 c.678 §1; 1973 c.836 §307; 1977 c.717 §15; 1987 c.320 §71; 2007 c.71 §39; 2013 c.130 §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 144.470 - Disposition of enrollee’s compensation under program; rules.

(1) Each person enrolled in the work release program shall promptly surrender to the Department of Corrections all compensation the person receives, if any, other than amounts involuntarily withheld by the employer of the person.
(2) The Director of the Department of Corrections shall adopt rules providing for the disposition of any compensation earned by persons under this section. [1965 c.463 §9; 1973 c.836 §308; 1987 c.320 §72; 1995 c.384 §6; 1997 c.851 §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 144.480 - Protections and benefits for enrollees.

(1) Persons assigned to participate in an adult in custody work program established under ORS 144.420 may be enrolled in an apprenticeship or training program under ORS 660.002 to 660.210 and are entitled to the protection and benefits of ORS 660.002 to 660.210 to the same extent as other employees of their employer, except that the Director of the Department of Corrections shall establish by rule any compensation paid to such persons and the compensation is not subject to any provision establishing or requiring a minimum or prevailing wage unless required to comply with federal law.
(2) Persons assigned to participate in an adult in custody work program established under ORS 144.420 are entitled to the protection and benefits of ORS 655.505 to 655.555.
(3) Persons enrolled, or assigned to participate, in a work release program are not entitled to benefits:
(a) Under ORS chapter 656; or
(b) Under ORS chapter 657 during their enrollment. [1965 c.463 §10; 1969 c.597 §122a; 1969 c.678 §2; 1995 c.384 §7; 1997 c.851 §8; 2019 c.213 §35]
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 144.490 - Status of enrollees.

(1) A person enrolled, or assigned to participate, in the work release program is not an agent, employee or servant of a Department of Corrections institution, the department or this state:
(a) While working, seeking gainful employment or otherwise participating, in an adult in custody work program; or
(b) While going to the place of such employment or work assignment from the place where the person is quartered, or while returning therefrom.
(2) For purposes of this chapter, a person enrolled, or assigned to participate, in the work release program established under ORS 144.420 is considered to be an adult in custody in a Department of Corrections institution. [1965 c.463 §§11,13; 1987 c.320 §73; 1995 c.384 §8; 2019 c.213 §36]
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 144.500 - Effect of violation or unexcused absence by enrollee.

(1) If a person enrolled, or assigned to participate, in the work release program violates any law, or any rule or specific condition applicable to the person under ORS 144.450, the Department of Corrections may immediately terminate that person’s enrollment in, or assignment to, the work release program and transfer the person to a Department of Corrections institution for the remainder of the sentence.
(2) Absence, without a reason that is acceptable to the Director of the Department of Corrections, of a person enrolled in, or assigned to, a work release program from the place of employment, work assignment or designated quarters, at any time contrary to the rules or specific conditions applicable to the person under ORS 144.450:
(a) Immediately terminates the enrollment of the person in, or assignment of the person to, the work release program.
(b) Constitutes an escape from a correctional facility under ORS 162.155. [1965 c.463 §§16,17; 1971 c.743 §340; 1987 c.320 §74; 1995 c.384 §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 144.515 - Release terminates enrollment; continued employment.

A person’s enrollment in the work release program terminates upon the release of the person from confinement pursuant to law. To the extent possible, the Department of Corrections shall cooperate with employers in making possible the continued employment of persons released. [1965 c.463 §18; 1973 c.836 §309; 1987 c.320 §75]
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 144.522 - Revolving fund.

(1) The Department of Corrections may request in writing the Oregon Department of Administrative Services to, and when so requested the Oregon Department of Administrative Services shall, draw a warrant on the amount available under section 6 or 7, chapter 678, Oregon Laws 1969, in favor of the department for use by the department as a revolving fund. The warrant or warrants drawn to establish or increase the revolving fund, rather than to reimburse it, shall not exceed the aggregate sum of $20,000. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the department may draw checks.
(2) The revolving fund may be used by the department for the purpose of making loans to any adult in custody enrolled in the work release program under ORS 144.410 to 144.525, at a rate of interest prescribed by the department, to pay costs of necessary clothing, tools, transportation and other items from the time of initial enrollment to the time the adult in custody receives sufficient income to repay the loan. A loan from the revolving fund shall be made only when other resources available to the enrollee to pay the costs described in this subsection are inadequate.
(3) The Department of Corrections shall enforce repayment of loans under this section by any lawful means. However, the Director of the Department of Corrections may proceed under ORS 293.235 to 293.245 to write off uncollectible debts arising out of such loans.
(4) All repayments of loans from the revolving fund shall be credited to the fund. Interest earnings realized upon any loan from the revolving fund shall be credited to the fund. [1969 c.597 §122d and 1969 c.678 §5; 1975 c.411 §1; 1987 c.320 §76; 2019 c.213 §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 144.525 - Custody of enrollee earnings deducted or otherwise retained by department.

The Director of the Department of Corrections shall deposit in the State Prison Work Programs Account, as they are received, moneys surrendered to the Department of Corrections under ORS 144.470. Disbursements from the account for purposes authorized by ORS 144.470 may be made by the director, subject to approval by the Prison Industries Board, by checks or orders drawn upon the account. The director is accountable for the proper handling of the account. [1965 c.463 §21; 1987 c.320 §77; 1995 c.384 §10]
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 144.602 - Short title.

ORS 144.600 shall be known and may be cited as the Interstate Compact for Adult Offender Supervision. [2001 c.729 §1]
Note:
See note under 144.600.
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 144.603 - Withdrawal from compact.

If a state withdraws from the Interstate Compact for Adult Offender Supervision as provided in Article XII (a) of the compact, the Department of Corrections may negotiate an agreement with the withdrawing state to fulfill the purposes of ORS 144.600. [2001 c.729 §3]
Note:
See note under 144.600.
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 144.605 - Fee for application to transfer supervision.

A person on probation, parole or post-prison supervision who applies to transfer supervision under the Interstate Compact for Adult Offender Supervision described in ORS 144.600 must pay an application fee in an amount determined by rule of the Department of Corrections. The fee shall be collected by the supervisory authority as defined in ORS 144.087 and forwarded to the Governor’s office for deposit in the Arrest and Return Account described in ORS 133.865. [2009 c.742 §1]
Note:
144.605 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.
UNIFORM ACT FOR
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 144.613 - Notice when parole or probation violated; hearing; report to sending state; taking person into custody.

(1) Where supervision of a parolee or probationer is being administered pursuant to the Uniform Act for Out-of-State Supervision, the appropriate judicial or administrative authorities in this state shall notify the Uniform Act for Out-of-State Supervision administrator of the sending state, as defined in ORS 144.610, whenever, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation.
(2) Prior to the giving of any such notification, a hearing shall be held in accordance with ORS 144.613 to 144.617 within a reasonable time, unless such hearing is waived by the parolee or probationer. The appropriate officer or officers of this state shall, as soon as practicable following termination of any such hearing, report to the sending state, furnish a copy of the hearing record and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state.
(3) Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not to exceed 15 days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration. [1973 c.489 §1]
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 144.615 - Hearing procedure.

(1) Any hearing pursuant to ORS 144.613 to 144.617 may be before the administrator of the Uniform Act for Out-of-State Supervision, a deputy of the Director of the Department of Corrections or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation.
(2) With respect to any hearing pursuant to ORS 144.613 to 144.617, the parolee or probationer:
(a) Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that its purpose is to determine whether there is probable cause to believe that the parolee or probationer has committed a violation that may lead to a revocation of parole or probation.
(b) Shall be permitted to confer with any person whose assistance the parolee or probationer reasonably desires, prior to the hearing.
(c) Shall have the right to confront and examine any persons who have made allegations against the parolee or probationer, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person or persons.
(d) May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of the contentions of the parolee or probationer. A record of the proceedings shall be made and preserved. [1973 c.489 §§2,3; 1987 c.320 §78]
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 144.617 - Hearing on violation in another state; effect of record in such hearing.

In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the Uniform Act for Out-of-State Supervision any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to ORS 144.613 to 144.617, such record shall have the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this state in making disposition of the matter. [1973 c.489 §4]
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 144.622 - "Parole" and "parolee" defined for Uniform Act for Out-of-State Supervision.

For purposes of ORS 144.610 and 144.613 to 144.617, "parole" includes but is not limited to post-prison supervision, and "parolee" includes but is not limited to persons on post-prison supervision under rules adopted by the Oregon Criminal Justice Commission. [1989 c.790 §37]
Note:
144.622 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 144.635 - Intensive supervision; duration.

(1) As used in this section and ORS 144.637:
(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.
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 144.637 - Rules.

The Department of Corrections and the State Board of Parole and Post-Prison Supervision, in consultation with local supervisory authorities, shall jointly adopt rules establishing:
(1) Procedures for identifying sexually violent dangerous offenders; and
(2) Methods of intensive supervision for sexually violent dangerous offenders. [1999 c.924 §2]
Note:
See note under 144.635.
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 144.639 - Projecting number of persons to be classified as sexually violent dangerous offenders; budgeting.

Once each biennium, the Department of Corrections, the State Board of Parole and Post-Prison Supervision and local supervisory authorities shall determine the number of offenders expected to be classified as sexually violent dangerous offenders during the following biennium. The department shall use the number in calculating the budget for the community corrections division of the department for the following biennium. [1999 c.924 §4]
Note:
See note under 144.635.
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 144.641 - Definitions.

As used in this section and ORS 144.642, 144.644 and 144.646:
(1) "Dwelling" has the meaning given that term in ORS 469B.100.
(2) "Dwelling" does not include a residential treatment facility or a halfway house.
(3) "Halfway house" means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.
(4) "Locations where children are the primary occupants or users" includes, but is not limited to, public and private elementary and secondary schools and licensed child care centers.
(5) "Sex offender" means:
(a) A sexually violent dangerous offender as defined in ORS 137.765; or
(b) A level three sex offender under ORS 163A.100 (3).
(6) "Transitional housing" means housing intended to be occupied by a sex offender for 45 days or less immediately after release from incarceration. [2001 c.365 §1; 2005 c.576 §4; 2013 c.708 §11; 2015 c.820 §§16,23; 2017 c.442 §18; 2019 c.430 §§4,8]
Note:
144.641 to 144.646 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.
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 144.642 - Criteria for determining residence; Department of Corrections; rules; matrix.

(1) The Department of Corrections, in consultation with the State Board of Parole and Post-Prison Supervision and community corrections agencies, shall adopt rules establishing criteria to be considered in determining the permanent residence requirements for a sex offender released on post-prison supervision or parole. Transitional housing is not subject to permanent residence requirements. The department shall include in the rules:
(a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;
(b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized;
(c) A prohibition against allowing a sex offender to reside in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless authorized as provided in ORS 144.102 (4)(b)(M); and
(d) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender’s residence to be informed of the decision making process before the offender is released.
(2) Based upon the rules adopted under subsection (1) of this section, the department shall develop a decision matrix to be used in determining the permanent residence requirements for a sex offender. [2001 c.365 §2; 2005 c.576 §5; 2011 c.258 §3]
Note:
See note under 144.641.
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 144.644 - Criteria for determining residence; State Board of Parole and Post-Prison Supervision; rules; matrix.

(1) The State Board of Parole and Post-Prison Supervision, in consultation with the Department of Corrections and community corrections agencies, shall adopt rules establishing criteria to be considered:
(a) In reviewing the proposed residence of a sex offender in a release plan under ORS 144.096 or a parole plan under ORS 144.125; and
(b) In determining the residence of a sex offender in a release plan under ORS 144.096, as a condition of post-prison supervision under ORS 144.102 or as a condition of parole under ORS 144.270.
(2) The board shall include in the rules:
(a) A general prohibition against allowing a sex offender to reside near locations where children are the primary occupants or users;
(b) The bases upon which exceptions to the general prohibition required by paragraph (a) of this subsection are authorized;
(c) A prohibition against allowing a sex offender to reside in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless authorized as provided in ORS 144.102 (4)(b)(M); and
(d) A process that allows communities and community corrections agencies that would be affected by a decision about the location of a sex offender’s residence to be informed of the decision making process before the offender is released.
(3) Based upon the rules adopted under subsections (1) and (2) of this section, the board shall develop a decision matrix to be used in determining the specific residence for a sex offender. [2001 c.365 §3; 2005 c.576 §6; 2011 c.258 §4]
Note:
See note under 144.641.
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 144.646 - Use of rules and matrix by community corrections agency.

When a community corrections agency reviews a proposed release plan for a sex offender, the agency shall follow the rules adopted by and utilize the decision matrix developed by the Department of Corrections under ORS 144.642 in making decisions about the permanent residence of the sex offender. [2001 c.365 §4]
Note:
See note under 144.641.
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 144.649 - Granting reprieves, commutations and pardons generally; remission of penalties and forfeitures.

Upon such conditions and with such restrictions and limitations as the Governor thinks proper, the Governor may grant reprieves, commutations and pardons, after convictions, for all crimes and may remit, after judgment therefor, all penalties and forfeitures. [Formerly 144.640]
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 144.650 - Notice of intention to apply for pardon, commutation or remission; proof of service; duties of district attorney.

(1) When an application for a pardon, commutation or remission is made to the Governor, a copy of the application, signed by the person applying and stating fully the grounds of the application, shall be served upon:
(a) The district attorney of the county where the conviction occurred;
(b) If the person applying is housed in a correctional facility within the State of Oregon, the district attorney of the county in which the correctional facility is located;
(c) The State Board of Parole and Post-Prison Supervision; and
(d) The Director of the Department of Corrections.
(2) Proof by affidavit of the service shall be presented to the Governor.
(3) Upon receiving a copy of the application, the district attorney of the county where the conviction occurred shall:
(a) Notify the victim of the crime concerning the application and the victim’s right to provide the Governor with any information relevant to the Governor’s decision;
(b) Provide the Governor with any information relevant to the Governor’s decision that the victim wishes to have provided; and
(c) Provide the Governor with copies of the following documents:
(A) Police and other investigative reports;
(B) The charging instrument;
(C) The plea petition, if applicable;
(D) The judgment of conviction and sentence;
(E) Any victim impact statements submitted or filed; and
(F) Any documents evidencing the applying person’s payment or nonpayment of restitution or compensatory fines ordered by the court.
(4) In addition to providing the documents described in subsection (3) of this section, upon receiving a copy of the application for pardon, commutation or remission, any person or agency named in subsection (1) of this section shall provide to the Governor as soon as practicable such information and records relating to the case as the Governor may request and shall provide further information and records relating to the case that the person or agency considers relevant to the issue of pardon, commutation or remission, including but not limited to:
(a) Statements by the victim of the crime or any member of the victim’s immediate family, as defined in ORS 163.730;
(b) A statement by the district attorney of the county where the conviction occurred; and
(c) Photos of the victim and the autopsy report, if applicable.
(5) Following receipt by the Governor of an application for pardon, commutation or remission, the Governor shall not grant the application for at least 30 days. Upon the expiration of 180 days, if the Governor has not granted the pardon, commutation or remission applied for, the application shall lapse. Any further proceedings for pardon, commutation or remission in the case shall be pursuant only to further application and notice. [Formerly 143.040; 1983 c.776 §1; 1987 c.320 §79; 1995 c.805 §1; 2019 c.369 §5]
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 144.653 - Sealing records of pardoned conviction; notice to victim.

(1) When the Governor grants a pardon, the Governor or the Governor’s designee shall within 10 days notify:
(a) The presiding judge of the circuit court of the county in which the pardoned conviction occurred; and
(b) The district attorney of the county in which the pardoned conviction occurred.
(2) Upon receipt of the notification described in subsection (1)(a) of this section, the presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge but excluding records of the pardon produced under ORS 144.650 or 144.660 or documents filed with the Secretary of State under ORS 144.670. The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court.
(3) Upon receipt of the notification described in subsection (1)(b) of this section, the district attorney shall notify the victim concerning the pardon and sealing of records. [2019 c.369 §1]
Note:
144.653 and 144.655 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.
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 144.655 - Request to seal records of pardoned conviction; notice to victim.

(1) A person pardoned more than five years prior to June 13, 2019, may request, in writing, that the Governor initiate the process of sealing records relating to the pardoned conviction. The request must include the date of the pardon, the crime of conviction and the county in which the pardoned conviction occurred.
(2) Upon receipt of a request to seal records under subsection (1) of this section, the Governor or the Governor’s designee shall confirm the information in the request and, upon confirmation, shall notify:
(a) The presiding judge of the circuit court of the county in which the pardoned conviction occurred; and
(b) The district attorney of the county in which the pardoned conviction occurred.
(3) Upon receipt of the notification described in subsection (2)(a) of this section, the presiding judge shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest, citation or charge but excluding records of the pardon produced under ORS 144.650 or 144.660 or documents filed with the Secretary of State under ORS 144.670. The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court.
(4) Upon receipt of the notification described in subsection (2)(b) of this section, the district attorney shall notify the victim concerning the sealing of records. [2019 c.369 §4]
Note:
See note under 144.653.
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 144.660 - Report to legislature by Governor.

The Governor shall report to the Legislative Assembly in the manner provided in ORS 192.245 each reprieve, commutation or pardon granted since the previous report to the Legislative Assembly required by this section. The report shall include, but not be limited to the reason for granting the reprieve, commutation or pardon, the name of the applicant, the crime of which the applicant was convicted, the sentence and its date, statements by the victim of the crime or any member of the victim’s immediate family, as defined in ORS 163.730, a statement by the district attorney where the conviction was had, photos of the victim, the autopsy report, if applicable, and the date of the commutation, pardon or reprieve. The Governor shall communicate a like statement of particulars in relation to each case of remission of a penalty or forfeiture, with the amount remitted. [Formerly 143.050; 1995 c.805 §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 144.670 - Filing of papers by Governor.

When the Governor grants a reprieve, commutation or pardon or remits a fine or forfeiture, the Governor shall within 10 days thereafter file all the papers presented to the Governor in relation thereto, including any documents provided under ORS 144.650 (3) or (4), in the office of the Secretary of State, by whom they shall be kept as public records, open to public inspection. [Formerly 143.060; 2019 c.369 §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 144.710 - Cooperation of public officials with State Board of Parole and Post-Prison Supervision and Department of Corrections.

All public officials shall cooperate with the State Board of Parole and Post-Prison Supervision and the Department of Corrections, and give to the board or department, its officers and employees such information as may be necessary to enable them to perform their functions. [Amended by 1973 c.836 §310; 1987 c.320 §80]
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 144.720 - Judge’s power to suspend execution of sentence or grant probation prior to commitment.

Nothing in ORS 144.005 to 144.025, 144.040, 144.050, 144.060, 144.075, 144.185, 144.226, 144.228, 144.260 to 144.380, 144.410 to 144.610, 144.620, 144.710 or this section shall be construed as impairing or restricting the power given by law to the judge of any court to suspend execution of any part of a sentence or to impose probation as part of a sentence to any person who is convicted of a crime before such person is committed to serve the sentence for the crime. [Amended by 1985 c.283 §5; 1989 c.790 §47b; 1993 c.14 §17]