144.085 Active
parole and post-prison supervision; minimum amounts; extension. (1) All prisoners sentenced to
prison for more than 12 months shall serve active periods of parole or
post-prison supervision as follows:
(a) Six months of
active parole or post-prison supervision for crimes in crime categories one to
three;
(b) Twelve months
of active parole or post-prison supervision for crimes in crime categories four
to 10;
(c) Prisoners
sentenced as dangerous offenders under ORS 161.725 and 161.735, for aggravated
murder under ORS 163.105 or for murder in any degree under ORS 163.107 or
163.115 shall serve at least three years of active parole or post-prison
supervision;
(d) Prisoners
sentenced 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
parole that extends for the entire term of the offender’s sentence or a term of
active post-prison supervision as provided in ORS 144.103; and
(e) Prisoners
sentenced for robbery in the first degree under ORS 164.415 or for arson in the
first degree under ORS 164.325 shall serve three years of active parole or
post-prison supervision.
(2) Except as
authorized in subsections (3) and (4) of this section, when an offender has
served the active period of parole or post-prison supervision established under
subsection (1)(a) or (b) of this section, the supervisory authority shall place
the offender on inactive supervision status.
(3) No sooner
than 30 days prior to the expiration of an offender’s active parole or
post-prison supervision period as provided in subsection (1) of this section,
the supervisory authority may send to the State Board of Parole and Post-Prison
Supervision a report requesting the board to extend the active supervision period
or to return the offender to active supervision status, not to exceed the
supervision term imposed by the sentencing court under the rules of the Oregon
Criminal Justice Commission and applicable laws, if the offender has not
substantially fulfilled the supervision conditions or has failed to complete
payment of restitution. The report shall include:
(a) An evaluation
of the offender’s compliance with supervision conditions;
(b) The status of
the offender’s court-ordered monetary obligations, including fines and
restitution, if any;
(c) The offender’s
employment status;
(d) The offender’s
address;
(e) Treatment
program outcome;
(f) Any new
criminal activity; and
(g) A
recommendation that the board extend the supervision period or return the
offender to active supervision status.
(4) After
reviewing the report submitted under subsection (3) of this section, the board
may extend the active supervision period or return the offender to active
supervision status, not to exceed the supervision term imposed by the
sentencing court under the rules of the Oregon Criminal Justice Commission and
applicable laws, if it finds the offender has not substantially fulfilled the
supervision conditions or has failed to complete payment of restitution.
(5) During the
pendency of any violation proceedings, the running of the supervision period
and the sentence is stayed, and the board has jurisdiction over the offender
until the proceedings are resolved.
(6) The board
shall send written notification to the supervised offender of the expiration of
the sentence. [1993 c.680 §4; 1995 c.202 §1; 1995 c.423 §22; 1999 c.161 §2;
2006 c.1 §4; 2013 c.708 §30; 2019 c.635 §13]
Note: 144.085 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.
Notes of Decisions
Fernandez v. Board of Parole & Post-Prison Supervision (1995)
orctapp · cites it 22×
“” Its response to the request for administrative review elaborated: “SB 139 was signed into law on August 18, 1993; [it] authorized the Board to amend its administrative rules to require offenders sentenced for sex offenses listed in ORS 144.”
Byrnes v. Board of Parole & Post-Prison Supervision (1995)
orctapp · cites it 17×
“Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision that requires him to serve 36 months of supervised parole pursuant to ORS 144.085 and to remain on parole for life.”
State Ex Rel. Juvenile Department v. Garcia (2002)
orctapp · cites it 4×
“3d 177 (2001), the plaintiff in Barnes did not rely on ORS 144.085, and we did not discuss it. That statute may significantly limit the Board's discretion to defer a change to inactive supervision for offenders who have been convicted of most felony offenses.”
Gaynor v. Board of Parole & Post-Prison Supervision (2000)
orctapp · cites it 4×
“Furthermore, ORS 144.085 does not authorize the Board to extend a convicted person’s term of *614 post-prison supervision while the person is still incarcerated before the initial release on post-prison supervision.”
Odle v. Thompson (2001)
orctapp · cites it 4×
“Plaintiff relies on ORS 144.085. That statute provides, in part: “(1) All prisoners sentenced to prison for more than 12 months shall serve active periods of parole or post-prison supervision as follows: ‡ ‡ ?i * “(b) Twelve months of active parole or post-prison supervision for…”
Holloway v. Gower (2009)
orctapp · cites it 3×
“As to the latter issue, petitioner argued that, under ORS 144.085, the trial court was required to impose at least 12 months of PPS and that his sentence therefore should have consisted of a 48-month incarceration term and a 12-month PPS term.”
Green v. Baldwin (2006)
orctapp · cites it 2×
“We concluded that the plaintiffs argument was not well taken because, under ORS 144.085, 5 *357 the board was vested with discretion to retain him on active supervision.”
Brown v. Kotek (2024)
or
“”); see also ORS 144.085(6) (“The board shall send writ- ten notification to the supervised offender of the expiration of the sentence.”
Davidson v. Board of Parole & Post-Prison Supervision (1996)
orctapp · cites it 6×
“As authority for its imposition of parole for the balance of the sentence, the Board cited administrative rules adopted pursuant to ORS 144.085, which, under the statute in effect, 1 provided that the Board’s rules must require at least 12 months of supervised parole or…”
— Or. Rev. Stat. § 144.085(1) — 1 case
Fernandez v. Board of Parole & Post-Prison Supervision (1995)
orctapp
“” Its response to the request for administrative review elaborated: “SB 139 was signed into law on August 18, 1993; [it] authorized the Board to amend its administrative rules to require offenders sentenced for sex offenses listed in ORS 144.”
— Or. Rev. Stat. § 144.085(1)(c) — 1 case
Fernandez v. Board of Parole & Post-Prison Supervision (1995)
orctapp
“” Its response to the request for administrative review elaborated: “SB 139 was signed into law on August 18, 1993; [it] authorized the Board to amend its administrative rules to require offenders sentenced for sex offenses listed in ORS 144.”
— Or. Rev. Stat. § 144.085(2) — 1 case
State Ex Rel. Juvenile Department v. Garcia (2002)
orctapp
“3d 177 (2001), the plaintiff in Barnes did not rely on ORS 144.085, and we did not discuss it. That statute may significantly limit the Board's discretion to defer a change to inactive supervision for offenders who have been convicted of most felony offenses.”
— Or. Rev. Stat. § 144.085(3) — 2 cases
Byrnes v. Board of Parole & Post-Prison Supervision (1995)
orctapp
“Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision that requires him to serve 36 months of supervised parole pursuant to ORS 144.085 and to remain on parole for life.”
Odle v. Thompson (2001)
orctapp
“Plaintiff relies on ORS 144.085. That statute provides, in part: “(1) All prisoners sentenced to prison for more than 12 months shall serve active periods of parole or post-prison supervision as follows: ‡ ‡ ?i * “(b) Twelve months of active parole or post-prison supervision for…”
— Or. Rev. Stat. § 144.085(3)(a) — 1 case
Byrnes v. Board of Parole & Post-Prison Supervision (1995)
orctapp
“Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision that requires him to serve 36 months of supervised parole pursuant to ORS 144.085 and to remain on parole for life.”
— Or. Rev. Stat. § 144.085(4) — 1 case
Gaynor v. Board of Parole & Post-Prison Supervision (2000)
orctapp
“Furthermore, ORS 144.085 does not authorize the Board to extend a convicted person’s term of *614 post-prison supervision while the person is still incarcerated before the initial release on post-prison supervision.”
— Or. Rev. Stat. § 144.085(6) — 2 cases
Brown v. Kotek (2024)
or
“”); see also ORS 144.085(6) (“The board shall send writ- ten notification to the supervised offender of the expiration of the sentence.”
— Or. Rev. Stat. § 144.085(c) — 1 case
— Or. Rev. Stat. § 144.085(l)(b) — 3 cases
Byrnes v. Board of Parole & Post-Prison Supervision (1995)
orctapp
“Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision that requires him to serve 36 months of supervised parole pursuant to ORS 144.085 and to remain on parole for life.”
— Or. Rev. Stat. § 144.085(l)(c) — 3 cases
Odle v. Thompson (2001)
orctapp
“Plaintiff relies on ORS 144.085. That statute provides, in part: “(1) All prisoners sentenced to prison for more than 12 months shall serve active periods of parole or post-prison supervision as follows: ‡ ‡ ?i * “(b) Twelve months of active parole or post-prison supervision for…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.