144.120
Initial parole hearing; setting initial parole release date; deferral of
setting initial date.
(1)(a) Within six months of the admission of a prisoner to any Department of
Corrections institution, with the exception of those prisoners sentenced to a
term of imprisonment for life or for more than five years, the State Board of
Parole and Post-Prison Supervision shall conduct a parole hearing to interview
the prisoner and set the initial date of release on parole pursuant to
subsection (2) of this section. For those prisoners sentenced to a term of
imprisonment for more than five years but less than 15 years, the board shall
conduct the parole hearing and set the initial date of release within eight
months following admission of the prisoner to the institution. For those
prisoners sentenced to a term of imprisonment for life or for 15 years or more,
with the exception of those sentenced for aggravated murder or murder, the
board shall conduct the parole hearing, and shall set the initial release date,
within one year following admission of the prisoner to the institution. Release
shall be contingent upon satisfaction of the requirements of ORS 144.125.
(b) Those
prisoners sentenced to a term of imprisonment for less than 15 years for
commission of an offense designated by rule by the board as a non
person-to-person offense may waive their rights to the parole hearing. When a
prisoner waives the parole hearing, the initial date of release on parole may
be set administratively by the board pursuant to subsections (2) to (6) of this
section. If the board is not satisfied that the waiver was made knowingly or
intelligently or if it believes more information is necessary before making its
decision, it may order a hearing.
(2) In setting
the initial parole release date for a prisoner pursuant to subsection (1) of
this section, the board shall apply the appropriate range established pursuant
to ORS 144.780. Variations from the range shall be in accordance with ORS
144.785.
(3) In setting
the initial parole release date for a prisoner pursuant to subsection (1) of
this section, the board shall consider the presentence investigation report
specified in ORS 144.791 or, if no such report has been prepared, a report of
similar content prepared by the Department of Corrections.
(4)
Notwithstanding subsection (1) of this section, in the case of a prisoner whose
offense included particularly violent or otherwise dangerous criminal conduct
or whose offense was preceded by two or more convictions for a Class A or Class
B felony or whose record includes a psychiatric or psychological diagnosis of
severe emotional disturbance such as to constitute a danger to the health or
safety of the community, the board may choose not to set a parole date.
(5) After the
expiration of six months after the admission of the prisoner to any Department
of Corrections institution, the board may defer setting the initial parole
release date for the prisoner for a period not to exceed 90 additional days
pending receipt of psychiatric or psychological reports, criminal records or
other information essential to formulating the release decision.
(6) When the
board has set the initial parole release date for a prisoner, it shall inform
the sentencing court of the date. [1977 c.372 §5; 1981 c.426 §1; 1985 c.283 §2;
1987 c.2 §14; 1987 c.320 §51; 1987 c.881 §1; 1989 c.589 §3; 1991 c.126 §6; 1993
c.294 §5; 1999 c.782 §3; 2001 c.104 §48; 2010 c.89 §11]
Note: See note under 144.110.
Notes of Decisions
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).
· cites it 147× “110(1)(a) applied in Engweiler's case because he had been resentenced in 1994, and that that statute clearly excluded those sentenced for aggravated murder from the hearing requirement.”
Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010).
· cites it 17× ““(2) Notwithstanding the provisions of ORS 144.120 and 144.780: “(a) The board shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of at least four members of the…”
State Ex Rel. Engweiler v. Powers, 221 P.3d 818 (Or. Ct. App. 2009).
· cites it 37× “See Engweiler II, 340 Or at 369 (noting that ORS 144.120 is a procedural statute and that neither party in the case had explained “why it necessarily is the case” that the 1989 version of the statute would continue to apply to offenders after the legislature amended it;…”
Engweiler v. Bd. of Parole, 133 P.3d 910 (Or. 2006).
· cites it 26× “* * * * *366 “(3) Notwithstanding subsection (1) of this section, the board’s order is final and not subject to judicial review when the board makes any decision relating to a release date or a parole consideration hearing date, including: “(a) Setting an initial release date…”
State v. Link, 482 P.3d 28 (Or. 2021).
· cites it 4× “” See ORS 144.120 (2001) (explaining parole hearing);7 ORS 144.”
Gordon v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 461 (Or. 2007).
· cites it 7× “2 *622 Once the board has set an inmate’s initial release date under ORS 144.120, however, the board may postpone that date for only three reasons: if the inmate has engaged in serious misconduct while in prison, the board must postpone the release date, ORS 144.”
Anderson v. Bd. of Parole, 740 P.2d 760 (Or. 1987).
· cites it 8× “"(2) Notwithstanding the provisions of ORS 144.120 and 144.178: "(a) The board shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of at least four members of the…”
Jones v. Thompson, 968 P.2d 380 (Or. Ct. App. 1998).
· cites it 8× “ORS 144.120 requires the board to hold an initial parole hearing within six months of the commitment of an inmate to the Corrections Department and to set an initial release date.”
Harris v. Bd. of Parole, 614 P.2d 602 (Or. Ct. App. 1980).
· cites it 8× “For immediate purposes we are concerned with sections 5, 6 and 9 of Oregon Laws 1977, chapter 372, which are respectively ORS 144.120, [6] ORS *606 144.125 [7] and ORS 144.”
Weidner v. Armenakis, 959 P.2d 623 (Or. Ct. App. 1998).
· cites it 6× “The heart of the matrix system is ORS 144.120(1), which required the Board to establish plaintiff's initial parole release date shortly after he began serving his sentence.”
State v. Dinkel, 579 P.2d 245 (Or. Ct. App. 1978).
· cites it 5× “” Notwithstanding the provisions of ORS 144.120, a defendant who has been sentenced to a minimum sentence under ORS 144.”
Engweiler v. Persson, 316 P.3d 264 (Or. 2013).
· cites it 5× “125 is the same as the “initial parole release date” set by the board pursuant to ORS 144.120 and that his initial parole release date — as adjusted by the application of earned time credits — has passed.”
— Or. Rev. Stat. § 144.120(1) — 23 cases
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).
“110(1)(a) applied in Engweiler's case because he had been resentenced in 1994, and that that statute clearly excluded those sentenced for aggravated murder from the hearing requirement.”
Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010).
““(2) Notwithstanding the provisions of ORS 144.120 and 144.780: “(a) The board shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of at least four members of the…”
Weidner v. Armenakis, 959 P.2d 623 (Or. Ct. App. 1998).
“The heart of the matrix system is ORS 144.120(1), which required the Board to establish plaintiff's initial parole release date shortly after he began serving his sentence.”
Gordon v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 461 (Or. 2007).
“2 *622 Once the board has set an inmate’s initial release date under ORS 144.120, however, the board may postpone that date for only three reasons: if the inmate has engaged in serious misconduct while in prison, the board must postpone the release date, ORS 144.”
— Or. Rev. Stat. § 144.120(1)(a) — 5 cases
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).
“110(1)(a) applied in Engweiler's case because he had been resentenced in 1994, and that that statute clearly excluded those sentenced for aggravated murder from the hearing requirement.”
State Ex Rel. Engweiler v. Powers, 221 P.3d 818 (Or. Ct. App. 2009).
“See Engweiler II, 340 Or at 369 (noting that ORS 144.120 is a procedural statute and that neither party in the case had explained “why it necessarily is the case” that the 1989 version of the statute would continue to apply to offenders after the legislature amended it;…”
— Or. Rev. Stat. § 144.120(2) — 13 cases
State v. Dinkel, 579 P.2d 245 (Or. Ct. App. 1978).
“” Notwithstanding the provisions of ORS 144.120, a defendant who has been sentenced to a minimum sentence under ORS 144.”
Jones v. Thompson, 968 P.2d 380 (Or. Ct. App. 1998).
“ORS 144.120 requires the board to hold an initial parole hearing within six months of the commitment of an inmate to the Corrections Department and to set an initial release date.”
— Or. Rev. Stat. § 144.120(2)(a) — 1 case
State Ex Rel. Engweiler v. Powers, 221 P.3d 818 (Or. Ct. App. 2009).
“See Engweiler II, 340 Or at 369 (noting that ORS 144.120 is a procedural statute and that neither party in the case had explained “why it necessarily is the case” that the 1989 version of the statute would continue to apply to offenders after the legislature amended it;…”
— Or. Rev. Stat. § 144.120(3) — 5 cases
Weidner v. Armenakis, 959 P.2d 623 (Or. Ct. App. 1998).
“The heart of the matrix system is ORS 144.120(1), which required the Board to establish plaintiff's initial parole release date shortly after he began serving his sentence.”
State v. Dinkel, 579 P.2d 245 (Or. Ct. App. 1978).
“” Notwithstanding the provisions of ORS 144.120, a defendant who has been sentenced to a minimum sentence under ORS 144.”
— Or. Rev. Stat. § 144.120(4) — 15 cases
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).
“110(1)(a) applied in Engweiler's case because he had been resentenced in 1994, and that that statute clearly excluded those sentenced for aggravated murder from the hearing requirement.”
Harris v. Bd. of Parole, 614 P.2d 602 (Or. Ct. App. 1980).
“For immediate purposes we are concerned with sections 5, 6 and 9 of Oregon Laws 1977, chapter 372, which are respectively ORS 144.120, [6] ORS *606 144.125 [7] and ORS 144.”
Gordon v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 461 (Or. 2007).
“2 *622 Once the board has set an inmate’s initial release date under ORS 144.120, however, the board may postpone that date for only three reasons: if the inmate has engaged in serious misconduct while in prison, the board must postpone the release date, ORS 144.”
Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010).
““(2) Notwithstanding the provisions of ORS 144.120 and 144.780: “(a) The board shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of at least four members of the…”
Engweiler v. Persson, 316 P.3d 264 (Or. 2013).
“125 is the same as the “initial parole release date” set by the board pursuant to ORS 144.120 and that his initial parole release date — as adjusted by the application of earned time credits — has passed.”
— Or. Rev. Stat. § 144.120(5) — 1 case
Weidner v. Armenakis, 959 P.2d 623 (Or. Ct. App. 1998).
“The heart of the matrix system is ORS 144.120(1), which required the Board to establish plaintiff's initial parole release date shortly after he began serving his sentence.”
— Or. Rev. Stat. § 144.120(6) — 1 case
Engweiler v. Bd. of Parole, 133 P.3d 910 (Or. 2006).
“* * * * *366 “(3) Notwithstanding subsection (1) of this section, the board’s order is final and not subject to judicial review when the board makes any decision relating to a release date or a parole consideration hearing date, including: “(a) Setting an initial release date…”
— Or. Rev. Stat. § 144.120(7) — 5 cases
— Or. Rev. Stat. § 144.120(l)(a) — 9 cases
Engweiler v. Bd. of Parole, 133 P.3d 910 (Or. 2006).
“* * * * *366 “(3) Notwithstanding subsection (1) of this section, the board’s order is final and not subject to judicial review when the board makes any decision relating to a release date or a parole consideration hearing date, including: “(a) Setting an initial release date…”
State Ex Rel. Engweiler v. Powers, 221 P.3d 818 (Or. Ct. App. 2009).
“See Engweiler II, 340 Or at 369 (noting that ORS 144.120 is a procedural statute and that neither party in the case had explained “why it necessarily is the case” that the 1989 version of the statute would continue to apply to offenders after the legislature amended it;…”
Engweiler v. Persson, 316 P.3d 264 (Or. 2013).
“125 is the same as the “initial parole release date” set by the board pursuant to ORS 144.120 and that his initial parole release date — as adjusted by the application of earned time credits — has passed.”
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).
“110(1)(a) applied in Engweiler's case because he had been resentenced in 1994, and that that statute clearly excluded those sentenced for aggravated murder from the hearing requirement.”
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