Or. Rev. Stat. § 144.005

State Board of Parole and Post-Prison Supervision; membership; compensation

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      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]

 

      144.010 [Amended by 1953 c.223 §2; 1959 c.327 §1; 1967 c.526 §1; repealed by 1969 c.597 §281]

Notes of Decisions
Cited in 12 cases, 1978–2015 · leading case: Butler v. Board of Parole & Post-Prison Supervision
Butler v. Board of Parole & Post-Prison Supervision (2004) orctapp · cites it 7× “We write only to address his assertion that ORS 144.005(1) and OAR 255-075-0096, a statute and board rule that became effective after he committed the crimes for which he was originally convicted, violate the ex post facto provisions of the Oregon and United States constitutions.”
Janowski v. Board of Parole & Post-Prison Supervision (2010) or “11 See ORS 144.005(1) (1985) (Board of Parole composed of five members).”
Engweiler v. Board of Parole & Post-Prison Supervision (2007) or “4 In the November 1984 General Election, voters enacted Article I, section 40, of the Oregon Constitution (authorizing death as sentence for aggravated murder if the jury makes the findings required by law; otherwise, the sentence is “life imprisonment with minimum sentence as…”
State v. Dinkel (1978) orctapp “ORS 144.005. ORS 144.780, referred to in ORS 144.”
Rise v. Board of Parole (1987) or · cites it 2× “ORS 144.005 to 144.395. It is unlikely that, in creating the list of permissible promises in ORS 135.”
Gaynor v. Board of Parole & Post-Prison Supervision (2000) orctapp “The Board of Parole and Post-Prison Supervision, created by ORS 144.005(1), is expressly authorized to grant parole, ORS 144.”
Smith v. Board of Parole & Post-Prison Supervision (2007) or · cites it 2× “2 ORS 144.005 (1975) provided, in part: “(1) A State Board of Parole of five members hereby is created.”
Severy v. Board of Parole & Post-Prison Supervision (2015) orctapp · cites it 2× “Under the current version of ORS 144.005, the board is authorized to have between three and five members.”
State v. Hamlin (1997) orctapp “720, which provides: “Nothing in ORS 144.005 to 144.025, 144.040, 144.050,144.”
Larson v. State Board of Parole (1988) orctapp · cites it 2× “ORS 144.005 provides: “(1) A State Board of Parole of five members hereby is created.”
Griffin v. Board of Parole & Post-Prison Supervision (2005) orctapp “8 See Or Laws 1989, ch 790, § 22 (amending ORS 144.005 to change name of board).”
Jancsek v. Board of Parole & Post-Prison Supervision (1999) orctapp “ORS 144.005(1) (1983). The rule provided that, for crimes of the seriousness of petitioner’s, three of those members could approve a single standard variation of 36 months, that four could approve two standard variations, or 72 months, and that, if all five agreed, then the…”
— Or. Rev. Stat. § 144.005(1) — 6 cases
Butler v. Board of Parole & Post-Prison Supervision (2004) orctapp “We write only to address his assertion that ORS 144.005(1) and OAR 255-075-0096, a statute and board rule that became effective after he committed the crimes for which he was originally convicted, violate the ex post facto provisions of the Oregon and United States constitutions.”
Janowski v. Board of Parole & Post-Prison Supervision (2010) or “11 See ORS 144.005(1) (1985) (Board of Parole composed of five members).”
Engweiler v. Board of Parole & Post-Prison Supervision (2007) or “4 In the November 1984 General Election, voters enacted Article I, section 40, of the Oregon Constitution (authorizing death as sentence for aggravated murder if the jury makes the findings required by law; otherwise, the sentence is “life imprisonment with minimum sentence as…”
Gaynor v. Board of Parole & Post-Prison Supervision (2000) orctapp “The Board of Parole and Post-Prison Supervision, created by ORS 144.005(1), is expressly authorized to grant parole, ORS 144.”
Severy v. Board of Parole & Post-Prison Supervision (2015) orctapp “Under the current version of ORS 144.005, the board is authorized to have between three and five members.”
— Or. Rev. Stat. § 144.005(2) — 1 case
Larson v. State Board of Parole (1988) orctapp “ORS 144.005 provides: “(1) A State Board of Parole of five members hereby is created.”
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