Or. Rev. Stat. § 144.228

Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered

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      144.228 Periodic parole consideration hearings for dangerous offenders; setting of parole date; information to be considered. (1)(a) Within six months after commitment to the custody of the Department of Corrections of any person sentenced under ORS 161.725 and 161.735 as a dangerous offender, the State Board of Parole and Post-Prison Supervision shall set a date for a parole consideration hearing instead of an initial release date as otherwise required under ORS 144.120 and 144.125. The parole consideration hearing date shall be the time the prisoner would otherwise be eligible for parole under the board’s rules.

      (b)(A) At the parole consideration hearing, the prisoner shall be given a release date in accordance with the rules of the board if the board finds the prisoner no longer dangerous or finds that the prisoner remains dangerous but can be adequately controlled with supervision and mental health treatment and that the necessary resources for supervision and treatment are available to the prisoner. If the board is unable to make such findings, a review will be conducted no less than two years, and no more than 10 years, from the date of the previous review, until the board is able to make such findings, at which time release on parole shall be ordered if the prisoner is otherwise eligible under the rules.

      (B) The board may not grant the prisoner a review hearing that is more than two years from the date of the previous hearing unless the board finds that it is not reasonable to expect that the prisoner would be granted a release date before the date of the subsequent hearing.

      (C) The board shall determine the date of the review hearing in accordance with rules adopted by the board. Rules adopted under this subparagraph must be based on the foundation principles of criminal law described in section 15, Article I of the Oregon Constitution.

      (D) In no event shall the prisoner be held beyond the maximum sentence less good time credits imposed by the court.

      (c) Nothing in this section precludes a prisoner from submitting a request for a parole consideration hearing prior to the earliest time the prisoner is eligible for parole. If the board grants a prisoner a review hearing that is more than two years from the date of the previous hearing, the prisoner may submit a request for an interim review hearing not earlier than the date that is two years from the date of the previous hearing and at intervals of not less than two years thereafter. Should the board find, based upon a request described in this paragraph, that there is a reasonable cause to believe that the prisoner is no longer dangerous or that necessary supervision and treatment are available based upon the information provided in the request, it shall conduct a review as soon as is reasonably convenient.

      (d) When the board grants a prisoner a review hearing that is more than two years from the date of the previous hearing and when the board denies a petition for an interim hearing, the board shall issue a final order. The order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order. Unless the prisoner bears the burden of persuasion, the order shall include findings necessary to deny the prisoner a release date for any period of time when the prisoner would be presumed to be eligible for a release date.

      (2) For the parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person. The information shall include:

      (a) The written report of the examining psychiatrist or psychologist which shall contain all the facts necessary to assist the State Board of Parole and Post-Prison Supervision in making its determination. The report of the examining psychiatrist or psychologist shall be made within two months of the date of its consideration; and

      (b) A written report to be made by the executive officer of the Department of Corrections institution in which the person has been confined. The executive officer’s report shall contain:

      (A) A detailed account of the person’s conduct while confined, all infractions of rules and discipline, all punishment meted out to the person and the circumstances connected therewith, as well as the extent to which the person has responded to the efforts made in the institution to improve the person’s mental and moral condition.

      (B) A statement as to the person’s present attitude toward society, toward the sentencing judge, toward the prosecuting district attorney, toward the arresting police officer and toward the person’s previous criminal career.

      (C) The work and program record of the person while in or under the supervision of the Department of Corrections. The program history shall include a summary of any psychological or substance abuse treatment and other activities that will assist the board in understanding the psychological adjustment and social skills and habits of the person and that will assist the board in determining the likelihood for successful community reentry. [1955 c.636 §5; 1961 c.424 §6; 1971 c.743 §339; 1973 c.836 §291; 1981 c.644 §5; 1985 c.283 §4; 1987 c.320 §58; 1991 c.318 §2; 1993 c.334 §3; 2009 c.660 §4]

 

      144.230 [Amended by 1963 c.625 §1; repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 55 cases (9 in the last 5 years), 1962–2026 · leading case: Morrison v. Board of Parole & Post-Prison Supervision
Morrison v. Board of Parole & Post-Prison Supervision (2016) orctapp · cites it 20× “735, and ORS 144.228, seeks review of a final order of the Board of Parole and Post-Prison Supervision.”
Nulph v. Board of Parole (2016) orctapp · cites it 23× “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
Bell v. Board of Parole & Post-Prison Supervision (2017) orctapp · cites it 18× “” The psychiatric report did not expressly state that petitioner had a “severe personality disorder indicating a propensity toward criminal activity.”
Davis v. Board of Parole & Post-Prison Supervision (2006) or · cites it 15× “It states that, “[f]or the parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person.”
Colby v. Thompson (2002) orctapp · cites it 16× “First, plaintiff argues that the board violated ORS 144.228 1 by not making particularized findings concerning whether he could be adequately controlled in the community by means of reasonably available supervision and treatment resources.”
Hayward v. Marshall (2010) ca9 · cites it 2× “" Or.Rev.Stat. § 144.228(1)(b)(A). In Nevada, when determining whether to release an eligible prisoner on parole, the Board "shall consider" not only "[w]hether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws" but…”
Alexander v. Board of Parole & Post-Prison Supervision (2006) orctapp · cites it 11× “226 and ORS 144.228 in *446 effect at the time of petitioner’s offenses.”
Mendacino v. Board of Parole & Post-Prison Supervision (2017) orctapp · cites it 4× “We concluded that the amendments to ORS 144.228 did not, on their face, create a risk of increased punishment.”
Smith v. Board of Parole & Post-Prison Supervision (2015) orctapp · cites it 8× “The issue presented in this case is whether an individual who is subject to the parole consideration provisions for a dangerous offender, ORS 144.228, has a right to subpoena witnesses for that parole consideration hearing.”
Guzek v. Board of Parole (2023) orctapp · cites it 12× “Petitioner has had a number of parole consideration hearings conducted by the Board of Parole and Post-Prison Supervision (the board) under ORS 144.228, but it is the most recent hearing and the board’s decision to defer his parole consideration date for thirty-six months that…”
State v. Worth (2015) orctapp · cites it 2× “5 years) in prison, he would become eligible for post-prison supervision, but would remain incarcerated for the remainder of the 120-year indeterminate term unless and until the Board of Parole and Post-Prison Supervision determined that he was fit for release.”
Quintero v. Board of Parole & Post-Prison Supervision (1999) or · cites it 3× ““(b) Setting a date for a parole consideration hearing under ORS 144.228. “(c) Setting a release date, or declining to set a release date, after a parole consideration hearing, under ORS 144.”
— Or. Rev. Stat. § 144.228(1) — 12 cases
Bell v. Board of Parole & Post-Prison Supervision (2017) orctapp “” The psychiatric report did not expressly state that petitioner had a “severe personality disorder indicating a propensity toward criminal activity.”
Morrison v. Board of Parole & Post-Prison Supervision (2016) orctapp “735, and ORS 144.228, seeks review of a final order of the Board of Parole and Post-Prison Supervision.”
Quintero v. Board of Parole & Post-Prison Supervision (1999) or ““(b) Setting a date for a parole consideration hearing under ORS 144.228. “(c) Setting a release date, or declining to set a release date, after a parole consideration hearing, under ORS 144.”
Colby v. Thompson (2002) orctapp “First, plaintiff argues that the board violated ORS 144.228 1 by not making particularized findings concerning whether he could be adequately controlled in the community by means of reasonably available supervision and treatment resources.”
— Or. Rev. Stat. § 144.228(1)(a) — 8 cases
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
Guzek v. Board of Parole (2023) orctapp “Petitioner has had a number of parole consideration hearings conducted by the Board of Parole and Post-Prison Supervision (the board) under ORS 144.228, but it is the most recent hearing and the board’s decision to defer his parole consideration date for thirty-six months that…”
Jones v. Board of Parole (2026) orctapp
— Or. Rev. Stat. § 144.228(1)(b) — 10 cases
Morrison v. Board of Parole & Post-Prison Supervision (2016) orctapp “735, and ORS 144.228, seeks review of a final order of the Board of Parole and Post-Prison Supervision.”
Bell v. Board of Parole & Post-Prison Supervision (2017) orctapp “” The psychiatric report did not expressly state that petitioner had a “severe personality disorder indicating a propensity toward criminal activity.”
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
Guzek v. Board of Parole (2023) orctapp “Petitioner has had a number of parole consideration hearings conducted by the Board of Parole and Post-Prison Supervision (the board) under ORS 144.228, but it is the most recent hearing and the board’s decision to defer his parole consideration date for thirty-six months that…”
— Or. Rev. Stat. § 144.228(1)(b)(A) — 5 cases
Hayward v. Marshall (2010) ca9 “" Or.Rev.Stat. § 144.228(1)(b)(A). In Nevada, when determining whether to release an eligible prisoner on parole, the Board "shall consider" not only "[w]hether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws" but…”
Morrison v. Board of Parole & Post-Prison Supervision (2016) orctapp “735, and ORS 144.228, seeks review of a final order of the Board of Parole and Post-Prison Supervision.”
Jones v. Board of Parole (2026) orctapp
Jones v. Board of Parole (2026) orctapp
— Or. Rev. Stat. § 144.228(1)(b)(B) — 1 case
Morrison v. Board of Parole & Post-Prison Supervision (2016) orctapp “735, and ORS 144.228, seeks review of a final order of the Board of Parole and Post-Prison Supervision.”
— Or. Rev. Stat. § 144.228(1)(b)(C) — 2 cases
Jones v. Board of Parole (2026) orctapp
Jones v. Board of Parole (2026) orctapp
— Or. Rev. Stat. § 144.228(1)(c) — 8 cases
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
Morrison v. Board of Parole & Post-Prison Supervision (2016) orctapp “735, and ORS 144.228, seeks review of a final order of the Board of Parole and Post-Prison Supervision.”
Downs v. Board of Parole (2025) orctapp
— Or. Rev. Stat. § 144.228(1)(d) — 1 case
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
— Or. Rev. Stat. § 144.228(1)(e) — 1 case
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
— Or. Rev. Stat. § 144.228(2) — 8 cases
Davis v. Board of Parole & Post-Prison Supervision (2006) or “It states that, “[f]or the parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person.”
Bell v. Board of Parole & Post-Prison Supervision (2017) orctapp “” The psychiatric report did not expressly state that petitioner had a “severe personality disorder indicating a propensity toward criminal activity.”
Alexander v. Board of Parole & Post-Prison Supervision (2006) orctapp “226 and ORS 144.228 in *446 effect at the time of petitioner’s offenses.”
Colby v. Thompson (2002) orctapp “First, plaintiff argues that the board violated ORS 144.228 1 by not making particularized findings concerning whether he could be adequately controlled in the community by means of reasonably available supervision and treatment resources.”
Davis v. Board of Parole (2005) orctapp
— Or. Rev. Stat. § 144.228(2)(a) — 1 case
Colby v. Thompson (2002) orctapp “First, plaintiff argues that the board violated ORS 144.228 1 by not making particularized findings concerning whether he could be adequately controlled in the community by means of reasonably available supervision and treatment resources.”
— Or. Rev. Stat. § 144.228(2)(b) — 1 case
— Or. Rev. Stat. § 144.228(2)(b)(A) — 1 case
— Or. Rev. Stat. § 144.228(2)(b)(C) — 1 case
— Or. Rev. Stat. § 144.228(l)(a) — 7 cases
Davis v. Board of Parole & Post-Prison Supervision (2006) or “It states that, “[f]or the parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person.”
Davis v. Board of Parole (2005) orctapp
— Or. Rev. Stat. § 144.228(l)(b) — 10 cases
Bell v. Board of Parole & Post-Prison Supervision (2017) orctapp “” The psychiatric report did not expressly state that petitioner had a “severe personality disorder indicating a propensity toward criminal activity.”
Davis v. Board of Parole & Post-Prison Supervision (2006) or “It states that, “[f]or the parole consideration hearing, the board shall cause to be brought before it and consider all information regarding such person.”
Alexander v. Board of Parole & Post-Prison Supervision (2006) orctapp “226 and ORS 144.228 in *446 effect at the time of petitioner’s offenses.”
Mendacino v. Board of Parole & Post-Prison Supervision (2017) orctapp “We concluded that the amendments to ORS 144.228 did not, on their face, create a risk of increased punishment.”
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
— Or. Rev. Stat. § 144.228(l)(b)(A) — 3 cases
Mendacino v. Board of Parole & Post-Prison Supervision (2017) orctapp “We concluded that the amendments to ORS 144.228 did not, on their face, create a risk of increased punishment.”
Smith v. Board of Parole & Post-Prison Supervision (2015) orctapp “The issue presented in this case is whether an individual who is subject to the parole consideration provisions for a dangerous offender, ORS 144.228, has a right to subpoena witnesses for that parole consideration hearing.”
Grimm v. Board of Parole (2013) orctapp
— Or. Rev. Stat. § 144.228(l)(c) — 7 cases
Mendacino v. Board of Parole & Post-Prison Supervision (2017) orctapp “We concluded that the amendments to ORS 144.228 did not, on their face, create a risk of increased punishment.”
Nulph v. Board of Parole (2016) orctapp “Consequently, it authorizes the board to exercise its discretion to complete the general legislative policy embodied in the statute.”
Colby v. Thompson (2002) orctapp “First, plaintiff argues that the board violated ORS 144.228 1 by not making particularized findings concerning whether he could be adequately controlled in the community by means of reasonably available supervision and treatment resources.”
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