Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 144.098

Review of release plan

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      144.098 Review of release plan. (1) When the State Board of Parole and Post-Prison Supervision or a local supervisory authority responsible for correctional services for an adult in custody reviews the release plan prior to approval of the plan as required by ORS 144.096, it may interview the adult in custody and may review the following information:

      (a) Reports of any physical, psychiatric or psychological examinations of the adult in custody;

      (b) The presentence investigation report specified by ORS 144.791 or, if no such report has been prepared, a report of similar content prepared by institutional staff;

      (c) The record of the conduct of the adult in custody during confinement; and

      (d) Any other information relevant to the reintegration of the adult in custody into the community that may be submitted by the adult in custody, the attorney of the adult in custody, the victim of the crime, the Department of Corrections, local corrections agencies or any other person.

      (2) If the board reviews a release plan, the board must attempt to notify the victim before the review of the release plan by sending written notice to the victim if the victim requests to be notified and furnishes the board with a current address. The notice must inform the victim that the victim may submit information concerning the adult in custody and the crime to the board for the board’s consideration.

      (3) The department or local corrections agency shall provide to the board or local supervisory authority reviewing the release plan any psychiatric or psychological reports held by the department or local corrections agency regarding the adult in custody. However, if the psychiatrist or psychologist who prepared the report or any treating psychiatrist or psychologist determines that disclosure to the adult in custody of the contents of the report would be detrimental to the mental or emotional health of the adult in custody, the psychiatrist or psychologist may indorse upon the report a recommendation that it not be disclosed to the adult in custody. The department or local corrections agency may withhold from the board or supervisory authority reviewing the plan any report so indorsed. [1989 c.790 §32b; 1997 c.525 §7; 2019 c.213 §28]

 

      Note: See note under 144.096.

Notes of Decisions
Cited in 6 cases, 1996–2019 · leading case: Weems v. Board of Parole & Post-Prison Supervision
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Weems v. Board of Parole & Post-Prison Supervision (2010) or · cites it 7× “Under ORS 144.098(1), the board may interview the individual offender and also may consider: “(a) Reports of any physical, psychiatric or psychological examinations of the inmate; “(b) The presentence investigation report specified by ORS 144.”
Tuckenberry v. Board of Parole (2019) or “ORS 144.098 (in deciding 654 Tuckenberry v.”
Simpson v. Board of Parole & Post-Prison Supervision (2010) orctapp “at 597 (citing ORS 144.098(1)). The court went on to explain that a determination of what conditions are “necessary,” as that term is used in ORS 144.”
Gaynor v. Board of Parole & Post-Prison Supervision (2000) orctapp “In order to perform its post-prison supervision functions, ORS chapter 144 authorizes the Board to take various actions such as: review prisoner release plans prepared by DOC, ORS 144.098; specify, in writing, the conditions of post-prison supervision, ORS 144.”
State v. Kennedy (2004) orctapp “, ORS 144.098 (providing for board review and approval of proposed PPS release plan); ORS 144.”
Murphy v. Board of Parole & Post-Prison Supervision (1996) orctapp “See ORS 144.098; OAR 255-60-006. On December 17, 1993, the Board issued an order rescinding petitioner’s December 24, 1993, parole release date and indicating that it would schedule an exit interview to reconsider petitioner’s “release given new information and [the]…”
— Or. Rev. Stat. § 144.098(1) — 2 cases
Weems v. Board of Parole & Post-Prison Supervision (2010) or “Under ORS 144.098(1), the board may interview the individual offender and also may consider: “(a) Reports of any physical, psychiatric or psychological examinations of the inmate; “(b) The presentence investigation report specified by ORS 144.”
Simpson v. Board of Parole & Post-Prison Supervision (2010) orctapp “at 597 (citing ORS 144.098(1)). The court went on to explain that a determination of what conditions are “necessary,” as that term is used in ORS 144.”
— Or. Rev. Stat. § 144.098(l)(b) — 1 case
Weems v. Board of Parole & Post-Prison Supervision (2010) or “Under ORS 144.098(1), the board may interview the individual offender and also may consider: “(a) Reports of any physical, psychiatric or psychological examinations of the inmate; “(b) The presentence investigation report specified by ORS 144.”
— Or. Rev. Stat. § 144.098(l)(d) — 1 case
Weems v. Board of Parole & Post-Prison Supervision (2010) or “Under ORS 144.098(1), the board may interview the individual offender and also may consider: “(a) Reports of any physical, psychiatric or psychological examinations of the inmate; “(b) The presentence investigation report specified by ORS 144.”
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