144.122
Advancing initial release date; requirements; exceptions; rules. (1) After the initial parole
release date has been set under ORS 144.120 and after a minimum period of time
established by the State Board of Parole and Post-Prison Supervision under
subsection (2)(a) of this section, the prisoner may request that the parole
release date be reset to an earlier date. The board may grant the request upon
a determination by the board that continued incarceration is cruel and inhumane
and that resetting the release date to an earlier date is not incompatible with
the best interests of the prisoner and society and that the prisoner:
(a) Has
demonstrated an extended course of conduct indicating outstanding reformation;
(b) Suffers from
a severe medical condition including terminal illness; or
(c) Is elderly
and is permanently incapacitated in such a manner that the prisoner is unable
to move from place to place without the assistance of another person.
(2) The Advisory
Commission on Prison Terms and Parole Standards may propose to the board and
the board shall adopt rules:
(a) Establishing
minimum periods of time to be served by prisoners before application may be
made for a reset of release date under subsection (1) of this section;
(b) Detailing the
criteria set forth under subsection (1) of this section for the resetting of a
parole release date; and
(c) Establishing
criteria for parole release plans for prisoners released under this section
that, at a minimum, must ensure appropriate supervision and services for the
person released.
(3) The
provisions of subsection (1)(b) of this section apply to prisoners sentenced in
accordance with ORS 161.610.
(4) The
provisions of this section do not apply to prisoners sentenced to life
imprisonment without the possibility of release or parole under ORS 138.052 or
163.150.
(5) If the victim
has requested notification of the release of the prisoner, the board shall
notify the victim as described in ORS 144.750 (3) prior to any hearing or
administrative decision under this section. [1983 c.489 §2; 1991 c.133 §1; 1993
c.198 §1; 1999 c.1055 §13; 2001 c.104 §49; 2015 c.230 §1]
Note: See note under 144.110.
Notes of Decisions
Cited in
28
cases (
2 in the last 5 years), 1987–2025 · leading case:
Jeldness v. Bd. of Parole, 759 P.2d 1102 (Or. Ct. App. 1988).
Jeldness v. Bd. of Parole, 759 P.2d 1102 (Or. Ct. App. 1988).
· cites it 3× “The Board initally decided not to override petitoner’s judicially imposed minimum sentence and established an initial prison term for him which reflected the minimum sentence. ORS 144.110(2); ORS 144.”
Barrett v. Bd. of Parole, 522 P.3d 544 (Or. Ct. App. 2022).
· cites it 27× “Specifically, petitioner argues that once an inmate convicted of aggravated murder and sentenced to life imprisonment has had their sentence converted to life with the possibility of parole and the Board of Parole and Post-Prison Supervision has set an initial parole release…”
Howard v. State Bd. of Parole, 804 P.2d 509 (Or. Ct. App. 1991).
· cites it 2× “Both the old and new *293 rules, pursuant to ORS 144.122(1)(a), give the Board discretion to reduce an inmate’s prison term when it finds “an extended course of conduct indicating outstanding reformation.”
Gordon v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 461 (Or. 2007).
“ORS 144.122(l)(a) (permitting the board to reset release date to an earlier date if it finds that petitioner has demonstrated “an extended course of conduct indicating outstanding reformation”).”
Stogsdill v. Bd. of Parole & Post-Prison Supervision, 154 P.3d 91 (Or. 2007).
“Rather, the board deferred petitioner’s release for a two-year period, and ORS 144.122 permitted petitioner to ask the board to “reset [the scheduled release date] to an earlier date” than that.”
Dawson/Fletcher v. Bd. of Parole, 217 P.3d 1055 (Or. 2009).
“ength of supervision; “(7) Board orders that are not final; “(8) Errors previously corrected; *648 “(9) Order which sustains a minimum term and the inmate/offender does not contest the crime severity rating and history risk score; “(10) Order which denies, grants or grants in…”
Shelby v. Bd. of Parole & Post-Prison Supervision, 915 P.2d 414 (Or. Ct. App. 1996).
“Both the old and new rules, pursuant to ORS 144.122(l)(a), give the Board discretion to reduce an inmate’s prison term when it finds ‘an extended course of conduct indicating outstanding reformation.”
Butler v. Bd. of Parole & Post-Prison Supervision, 94 P.3d 149 (Or. Ct. App. 2004).
“Both the old and new rules, pursuant to ORS 144.122(l)(a), give the [b]oard discretion to reduce an inmate’s prison term when it finds ‘an extended course of conduct indicating outstanding reformation.”
State v. Kuester, 364 P.3d 685 (Or. Ct. App. 2015).
“* * * Except as provided in ORS 144.122 and 144.126, the defendant shall not be eligible for work release, parole, temporary leave or terminal leave until the minimum term of imprisonment is served, less a period of time equivalent to any reduction of imprisonment granted for…”
Jeldness v. Bd. of Parole, 751 P.2d 243 (Or. Ct. App. 1988).
“ORS 144.122. Because he was subject to a minimum sentence, the Board, in order to set an earlier release date, would have had to override the minimum sentence.”
Neal v. Maass, 764 P.2d 947 (Or. Ct. App. 1988).
· cites it 2× “2 Under ORS 144.122(1), the board may reset a prisoner’s initial release date to an earlier time when there has been an extended course of conduct indicating outstanding reformation or when a severe medical condition exists.”
— Or. Rev. Stat. § 144.122(1) — 5 cases
Jeldness v. Bd. of Parole, 759 P.2d 1102 (Or. Ct. App. 1988).
“The Board initally decided not to override petitoner’s judicially imposed minimum sentence and established an initial prison term for him which reflected the minimum sentence. ORS 144.110(2); ORS 144.”
Neal v. Maass, 764 P.2d 947 (Or. Ct. App. 1988).
“2 Under ORS 144.122(1), the board may reset a prisoner’s initial release date to an earlier time when there has been an extended course of conduct indicating outstanding reformation or when a severe medical condition exists.”
Barrett v. Bd. of Parole, 522 P.3d 544 (Or. Ct. App. 2022).
“Specifically, petitioner argues that once an inmate convicted of aggravated murder and sentenced to life imprisonment has had their sentence converted to life with the possibility of parole and the Board of Parole and Post-Prison Supervision has set an initial parole release…”
— Or. Rev. Stat. § 144.122(1)(a) — 2 cases
Jeldness v. Bd. of Parole, 759 P.2d 1102 (Or. Ct. App. 1988).
“The Board initally decided not to override petitoner’s judicially imposed minimum sentence and established an initial prison term for him which reflected the minimum sentence. ORS 144.110(2); ORS 144.”
Howard v. State Bd. of Parole, 804 P.2d 509 (Or. Ct. App. 1991).
“Both the old and new *293 rules, pursuant to ORS 144.122(1)(a), give the Board discretion to reduce an inmate’s prison term when it finds “an extended course of conduct indicating outstanding reformation.”
— Or. Rev. Stat. § 144.122(2) — 1 case
Barrett v. Bd. of Parole, 522 P.3d 544 (Or. Ct. App. 2022).
“Specifically, petitioner argues that once an inmate convicted of aggravated murder and sentenced to life imprisonment has had their sentence converted to life with the possibility of parole and the Board of Parole and Post-Prison Supervision has set an initial parole release…”
— Or. Rev. Stat. § 144.122(2)(b) — 1 case
— Or. Rev. Stat. § 144.122(4) — 1 case
Barrett v. Bd. of Parole, 522 P.3d 544 (Or. Ct. App. 2022).
“Specifically, petitioner argues that once an inmate convicted of aggravated murder and sentenced to life imprisonment has had their sentence converted to life with the possibility of parole and the Board of Parole and Post-Prison Supervision has set an initial parole release…”
— Or. Rev. Stat. § 144.122(l)(a) — 6 cases
Gordon v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 461 (Or. 2007).
“ORS 144.122(l)(a) (permitting the board to reset release date to an earlier date if it finds that petitioner has demonstrated “an extended course of conduct indicating outstanding reformation”).”
Shelby v. Bd. of Parole & Post-Prison Supervision, 915 P.2d 414 (Or. Ct. App. 1996).
“Both the old and new rules, pursuant to ORS 144.122(l)(a), give the Board discretion to reduce an inmate’s prison term when it finds ‘an extended course of conduct indicating outstanding reformation.”
Howard v. State Bd. of Parole, 804 P.2d 509 (Or. Ct. App. 1991).
“Both the old and new *293 rules, pursuant to ORS 144.122(1)(a), give the Board discretion to reduce an inmate’s prison term when it finds “an extended course of conduct indicating outstanding reformation.”
Butler v. Bd. of Parole & Post-Prison Supervision, 94 P.3d 149 (Or. Ct. App. 2004).
“Both the old and new rules, pursuant to ORS 144.122(l)(a), give the [b]oard discretion to reduce an inmate’s prison term when it finds ‘an extended course of conduct indicating outstanding reformation.”
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