144.103 Term
of active post-prison supervision for person convicted of certain offenses. (1) Except as otherwise provided
in ORS 137.765 and subsection (2) of this section, any person sentenced to a
term of imprisonment 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 post-prison supervision that continues until the term of the
post-prison supervision, when added to the term of imprisonment served, equals
the maximum statutory indeterminate sentence for the violation.
(2)(a) A person
sentenced to a term of imprisonment for violating one of the offenses listed in
paragraph (b) of this subsection shall serve a term of post-prison supervision
that continues for the rest of the person’s life if the person was at least 18
years of age at the time the person committed the crime.
(b) The offenses
to which paragraph (a) of this subsection applies are:
(A) ORS 163.375
(1)(b);
(B) ORS 163.405
(1)(b);
(C) ORS 163.411
(1)(b); and
(D) ORS 163.235
when the offense is committed in furtherance of the commission or attempted
commission of rape in the first degree, sodomy in the first degree or unlawful
sexual penetration in the first degree if the victim is under 12 years of age.
(c) When a person
is sentenced to a term of post-prison supervision described in paragraph (a) of
this subsection, the person must be actively supervised for at least the first
10 years of the post-prison supervision and actively tracked for the remainder
of the term. Active tracking may be done by means of an electronic device
attached to the person.
(3) A person
sentenced to a term of imprisonment for violating ORS 163.185 (1)(b) shall
serve a term of post-prison supervision that continues until the term of the
post-prison supervision, when added to the term of imprisonment served, equals
the maximum statutory indeterminate sentence for the violation. [1991 c.831 §1;
1993 c.301 §4; 1999 c.161 §1; 1999 c.163 §5; subsection (2) of 2005 Edition
enacted as 2005 c.513 §2; 2006 c.1 §2; 2013 c.708 §31; 2021 c.653 §7]
Note: 144.103 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 144
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
Notes of Decisions
Cited in
89
cases (
27 in the last 5 years), 1993–2025 · leading case:
State v. Kragt, 495 P.3d 1233 (Or. 2021).
State v. Kragt, 495 P.3d 1233 (Or. 2021).
· cites it 58× “The court explained that “ORS 144.103 requires the imposition of an indeterminate term of PPS, to be computed by the Board of Parole and Post-Prison Supervision once the amount of time a defendant actually spent incarcerated is known[.”
State v. Grady, 831 S.E.2d 542 (N.C. 2019).
· cites it 4× “735 (2016); Or. Rev. Stat. § 144.103 (2016); 11 R.I. Gen.”
State v. McFee, 901 P.2d 870 (Or. Ct. App. 1995).
· cites it 20× “He assigns error to that portion of his sentence ordering him to complete 86 months of post-prison supervision pursuant to ORS 144.103. We review under ORS 138.222(4)(a), affirm the conviction, but remand for resentencing.”
Norris v. Bd. of Parole & Post-Prison Supervision, 238 P.3d 994 (Or. Ct. App. 2010).
· cites it 22× “1 On August 23, 2000, the trial court sentenced petitioner on the first-degree sexual abuse conviction to 75 months of incarceration and, pursuant to ORS 144.103 (1999), amended by Or Laws 2005, ch 513, § 2, Or Laws 2006, ch 1, § 2, 2 to PPS “for a period of 10 years minus the…”
Kragt v. Bd. of Parole, 563 P.3d 359 (Or. 2025).
· cites it 37× “Kragt, 368 Or 577, 596 , 495 P3d 1233 (2021) (Kragt I), we held that, when a defendant is convicted of multiple counts that are covered by ORS 144.103, the stat- ute requires the trial court to impose separate terms of post- prison supervision (PPS) for each conviction.”
Fernandez v. Bd. of Parole & Post-Prison Supervision, 904 P.2d 1071 (Or. Ct. App. 1995).
· cites it 7× “” 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 144.103 to serve supervised parole until…”
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024).
· cites it 4× “700 and ORS 144.103, nor did it err in denying his motion to suppress or his MJOA as to first-degree rape.”
Delavega v. Bd. of Parole & Post-prison Supervision, 194 P.3d 159 (Or. Ct. App. 2008).
· cites it 14× “According to the board, because petitioner was convicted of certain sex offenses, ORS 144.103 requires that his term of post-prison supervision be calculated based on each sex offense for which he was convicted.”
State v. Vedder, 136 P.3d 1128 (Or. Ct. App. 2006).
· cites it 16× “The state responds, alternatively, that (1) OAR 213-012-0020 is inapposite because that provision applies only to consecutive sentences imposed for crimes committed during a “single criminal episode,” 6 and “Count 8 does not arise from the same criminal episode as Counts 9,10,…”
State v. Kragt, 467 P.3d 830 (Or. Ct. App. 2020).
· cites it 9× “All of defendant’s con- victions are for sex offenses subject to the post-prison super- vision (PPS) requirements of ORS 144.103. At issue are the terms of PPS imposed on each count.”
State v. Burch, 896 P.2d 10 (Or. Ct. App. 1995).
· cites it 13× “1 Defendant concedes that he made no objection to any of the terms of PPS in the trial court. He argues that we should reach the alleged errors nonetheless, because they are apparent on the face of the record, ORAP 5.”
State v. Rickard, 201 P.3d 927 (Or. Ct. App. 2009).
· cites it 5× “The state sought to modify the sentences to make them consistent with policies regulating terms of post-prison supervision provided in ORS 144.103. The state requested the following modifications: (1) addition of the phrase “less time actually served” to the post-prison…”
— Or. Rev. Stat. § 144.103(1) — 30 cases
State v. Kragt, 495 P.3d 1233 (Or. 2021).
“The court explained that “ORS 144.103 requires the imposition of an indeterminate term of PPS, to be computed by the Board of Parole and Post-Prison Supervision once the amount of time a defendant actually spent incarcerated is known[.”
State v. Vedder, 136 P.3d 1128 (Or. Ct. App. 2006).
“The state responds, alternatively, that (1) OAR 213-012-0020 is inapposite because that provision applies only to consecutive sentences imposed for crimes committed during a “single criminal episode,” 6 and “Count 8 does not arise from the same criminal episode as Counts 9,10,…”
Norris v. Bd. of Parole & Post-Prison Supervision, 238 P.3d 994 (Or. Ct. App. 2010).
“1 On August 23, 2000, the trial court sentenced petitioner on the first-degree sexual abuse conviction to 75 months of incarceration and, pursuant to ORS 144.103 (1999), amended by Or Laws 2005, ch 513, § 2, Or Laws 2006, ch 1, § 2, 2 to PPS “for a period of 10 years minus the…”
State v. Kragt, 467 P.3d 830 (Or. Ct. App. 2020).
“All of defendant’s con- victions are for sex offenses subject to the post-prison super- vision (PPS) requirements of ORS 144.103. At issue are the terms of PPS imposed on each count.”
— Or. Rev. Stat. § 144.103(2) — 10 cases
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024).
“700 and ORS 144.103, nor did it err in denying his motion to suppress or his MJOA as to first-degree rape.”
— Or. Rev. Stat. § 144.103(2)(a) — 4 cases
— Or. Rev. Stat. § 144.103(2)(b)(B) — 1 case
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