144.096
Release plan; contents; rules.
(1)(a) The Department of Corrections shall prepare a proposed release plan for
an adult in custody and submit the proposed release plan to the State Board of
Parole and Post-Prison Supervision prior to the release.
(b) If the
proposed release plan is not approved by the board, the board shall return the
plan to the department with its recommended modifications. The department shall
submit a revised plan to the board prior to the release.
(c) If the
revised plan is not acceptable to the board, the board shall determine the
provisions of the final plan prior to the release.
(d) The
department, in consultation with the board, shall by rule establish deadlines
by which a proposed release plan described in paragraph (a) of this subsection
and a revised plan described in paragraph (b) of this subsection must be
submitted to the board prior to release.
(e) If an adult
in custody was sentenced under ORS 144.099 and the release plan recommends that
the adult in custody participate in a reentry court, the board shall provide a
copy of the release plan to the reentry court.
(2) The local
supervisory authority that is responsible for correctional services for an
adult in custody shall prepare a proposed release plan for the adult in custody
prior to the release from jail. The local supervisory authority shall approve
the release plan under its rules. If the adult in custody was sentenced under
ORS 144.099 and the supervisory authority recommends that the adult in custody
participate in a reentry court, the supervisory authority shall provide a copy
of the release plan to the reentry court.
(3) A release
plan prepared under subsection (1) or (2) of this section must include:
(a) A description
of support services and program opportunities available to the adult in
custody, including any transitional housing or treatment programs to which the
adult in custody has been accepted;
(b) The
recommended conditions of post-prison supervision;
(c) The level of
supervision that shall be consistent with the risk assessment classification of
the adult in custody;
(d) Any other
conditions and requirements as may be necessary to promote public safety;
(e) For all
adults in custody whose sentence to make restitution under ORS 137.106 has been
suspended for the term of imprisonment, a restitution payment schedule; and
(f) Any
conditions necessary to assist the reformation of the adult in custody. [1989
c.790 §32; 1997 c.525 §6; 2013 c.649 §§30,35; 2017 c.40 §§1,2; 2017 c.438 §§1,2;
2019 c.213 §§26,27; 2025 c.557 §44]
Note: Section 31, chapter 790, Oregon
Laws 1989, provides:
Sec. 31. Sections 32 to 36 of this 1989 Act
[144.096, 144.098, 144.102, 144.104, 144.106 and 144.108] apply only to
defendants convicted of a felony committed on or after November 1, 1989. [1989
c.790 §31]
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 1997–2026 · leading case:
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
· cites it 7× “Thus, using the ordinary meanings of “necessary” and “considers,” a court would not review whether the condition in fact is logically required or essential to promote one or both of the statutory objectives (“to promote public safety” and “to assist the reformation of the…”
Martin v. Bd. of Parole & Post-Prison Supervision, 934 P.2d 626 (Or. Ct. App. 1997).
· cites it 14× “The Board is required to specify in writing the conditions of post-prison supervision imposed under ORS 144.096. ORS 144.102(1). The Board also is authorized to modify those conditions and "include among other conditions," that release is conditioned on "such special conditions…”
Weems v. Bd. of Parole & Post-Prison Supervision, 227 P.3d 671 (Or. 2010).
· cites it 5× “The key statute in that regard is ORS 144.096, which directs the DOC to propose special conditions for the board’s review based on what may be necessary “to promote public safety” and “to assist the reformation of the inmate.”
Simpson v. Bd. of Parole & Post-Prison Supervision, 241 P.3d 347 (Or. Ct. App. 2010).
· cites it 3× “See ORS 144.096(3)(d) and (3)(f) (requiring Department of Corrections to prepare a release plan before an inmate’s release from prison that includes conditions necessary “to promote public safety” and “to assist the reformation of the inmate”).”
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022).
“155 shall be released on post-prison supervision in accordance with ORS 144.096 and 144.098 within 60 days of the date of the hearing.”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).
· cites it 2× “[2] Father asserts that he could integrate child into his home in six to 18 months.”
Kragt v. Bd. of Parole, 563 P.3d 359 (Or. 2025).
· cites it 3× “Specifically, ORS 144.096 requires that “[t] he Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the pro- posed release plan to the State Board of Parole and Post- Prison Supervision prior to the release.”
Wyatt v. Bd. of Parole & Post-Prison Supervision, 216 P.3d 926 (Or. Ct. App. 2009).
“102(1) provides: “The State Board of Parole and Post-Prison Supervision or local supervisory authority responsible for correctional services for a person shall specify in writing the conditions of post-prison supervision imposed under ORS 144.096. A copy of the conditions shall…”
Jillie v. Bd. of Parole, 348 Or. App. 133 (Or. Ct. App. 2026).
· cites it 4× “102(4)(a), which, as explained above, permits the board to impose special conditions that it “considers necessary because of the individual circumstances of the person on post-prison supervision.”
— Or. Rev. Stat. § 144.096(1)(a) — 1 case
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
“Thus, using the ordinary meanings of “necessary” and “considers,” a court would not review whether the condition in fact is logically required or essential to promote one or both of the statutory objectives (“to promote public safety” and “to assist the reformation of the…”
— Or. Rev. Stat. § 144.096(1)(b) — 1 case
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
“Thus, using the ordinary meanings of “necessary” and “considers,” a court would not review whether the condition in fact is logically required or essential to promote one or both of the statutory objectives (“to promote public safety” and “to assist the reformation of the…”
— Or. Rev. Stat. § 144.096(1)(d) — 1 case
Martin v. Bd. of Parole & Post-Prison Supervision, 934 P.2d 626 (Or. Ct. App. 1997).
“The Board is required to specify in writing the conditions of post-prison supervision imposed under ORS 144.096. ORS 144.102(1). The Board also is authorized to modify those conditions and "include among other conditions," that release is conditioned on "such special conditions…”
— Or. Rev. Stat. § 144.096(1)(f) — 1 case
Martin v. Bd. of Parole & Post-Prison Supervision, 934 P.2d 626 (Or. Ct. App. 1997).
“The Board is required to specify in writing the conditions of post-prison supervision imposed under ORS 144.096. ORS 144.102(1). The Board also is authorized to modify those conditions and "include among other conditions," that release is conditioned on "such special conditions…”
— Or. Rev. Stat. § 144.096(2) — 1 case
Martin v. Bd. of Parole & Post-Prison Supervision, 934 P.2d 626 (Or. Ct. App. 1997).
“The Board is required to specify in writing the conditions of post-prison supervision imposed under ORS 144.096. ORS 144.102(1). The Board also is authorized to modify those conditions and "include among other conditions," that release is conditioned on "such special conditions…”
— Or. Rev. Stat. § 144.096(3) — 3 cases
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
“Thus, using the ordinary meanings of “necessary” and “considers,” a court would not review whether the condition in fact is logically required or essential to promote one or both of the statutory objectives (“to promote public safety” and “to assist the reformation of the…”
Weems v. Bd. of Parole & Post-Prison Supervision, 227 P.3d 671 (Or. 2010).
“The key statute in that regard is ORS 144.096, which directs the DOC to propose special conditions for the board’s review based on what may be necessary “to promote public safety” and “to assist the reformation of the inmate.”
Jillie v. Bd. of Parole, 348 Or. App. 133 (Or. Ct. App. 2026).
“102(4)(a), which, as explained above, permits the board to impose special conditions that it “considers necessary because of the individual circumstances of the person on post-prison supervision.”
— Or. Rev. Stat. § 144.096(3)(b) — 2 cases
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
“Thus, using the ordinary meanings of “necessary” and “considers,” a court would not review whether the condition in fact is logically required or essential to promote one or both of the statutory objectives (“to promote public safety” and “to assist the reformation of the…”
Kragt v. Bd. of Parole, 563 P.3d 359 (Or. 2025).
“Specifically, ORS 144.096 requires that “[t] he Department of Corrections shall prepare a proposed release plan for an adult in custody and submit the pro- posed release plan to the State Board of Parole and Post- Prison Supervision prior to the release.”
— Or. Rev. Stat. § 144.096(3)(d) — 4 cases
Penn v. Bd. of Parole, 451 P.3d 589 (Or. 2019).
“Thus, using the ordinary meanings of “necessary” and “considers,” a court would not review whether the condition in fact is logically required or essential to promote one or both of the statutory objectives (“to promote public safety” and “to assist the reformation of the…”
Simpson v. Bd. of Parole & Post-Prison Supervision, 241 P.3d 347 (Or. Ct. App. 2010).
“See ORS 144.096(3)(d) and (3)(f) (requiring Department of Corrections to prepare a release plan before an inmate’s release from prison that includes conditions necessary “to promote public safety” and “to assist the reformation of the inmate”).”
Weems v. Bd. of Parole & Post-Prison Supervision, 227 P.3d 671 (Or. 2010).
“The key statute in that regard is ORS 144.096, which directs the DOC to propose special conditions for the board’s review based on what may be necessary “to promote public safety” and “to assist the reformation of the inmate.”
Jillie v. Bd. of Parole, 348 Or. App. 133 (Or. Ct. App. 2026).
“102(4)(a), which, as explained above, permits the board to impose special conditions that it “considers necessary because of the individual circumstances of the person on post-prison supervision.”
— Or. Rev. Stat. § 144.096(l)(a) — 1 case
Weems v. Bd. of Parole & Post-Prison Supervision, 227 P.3d 671 (Or. 2010).
“The key statute in that regard is ORS 144.096, which directs the DOC to propose special conditions for the board’s review based on what may be necessary “to promote public safety” and “to assist the reformation of the inmate.”
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