Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 144.232

Release of dangerous offender to post-prison supervision; eligibility; hearing

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      144.232 Release of dangerous offender to post-prison supervision; eligibility; hearing. (1) A person sentenced under ORS 161.725 and 161.735 as a dangerous offender for felonies committed on or after November 1, 1989, shall be considered for release to post-prison supervision. The offender is eligible for release to post-prison supervision after having served the required incarceration term established under ORS 161.737.

      (2) The State Board of Parole and Post-Prison Supervision shall hold a release hearing no later than 10 days prior to the date on which the offender becomes eligible for release on post-prison supervision as provided in subsection (1) of this section.

      (3) The dangerous offender’s eligibility for and release to post-prison supervision shall be determined in a manner consistent with the procedures and criteria required by ORS 144.228 for the parole determination process applicable to dangerous offenders sentenced for crimes committed prior to November 1, 1989.

      (4) An offender released under this section shall serve the remainder of the sentence term imposed under ORS 161.725, 161.735 and 161.737 on post-prison supervision, however:

      (a) Notwithstanding ORS 137.010 or the rules of the Oregon Criminal Justice Commission, the State Board of Parole and Post-Prison Supervision may sanction an offender to the supervision of the local authority for a maximum period of 180 days for any supervision violation. The sanction may be imposed repeatedly during the term of post-prison supervision for subsequent supervision violations.

      (b) After release under this section, the board may at any time return the offender to prison and require the offender to submit to a psychiatric or psychological examination as provided for in ORS 144.226. If the board finds that the offender’s dangerousness has returned and cannot be adequately controlled with supervision and mental and physical health treatment, or that resources for supervision and treatment are not available to the offender, the board may defer the offender’s release from prison for an indefinite period of time. An offender returned to prison under this paragraph is entitled to periodic reviews for possible release to post-prison supervision as provided by subsection (3) of this section. [1989 c.790 §80; 1993 c.334 §4; 1995 c.423 §18; 2009 c.660 §5]

 

      144.240 [Repealed by 1973 c.694 §26]

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1992–2023 · leading case: State v. Parkerson
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State v. Parkerson (2023) or · cites it 6× “The “required incar- ceration term”—the “determinate part” of the sentence— under the statute as originally enacted provided that a person sentenced to prison as a dangerous offender may be released to post-prison supervision “after having served the presumptive sentence…”
State v. Worth (2015) orctapp · cites it 2× “288; ORS 144.232. Here, the jury found that (1) defendant was suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another (all counts); (2) defendant had previously engaged in unlawful conduct not…”
State v. Davis (1993) or · cites it 2× “See ORS 144.232(1) (a person sentenced as a dangerous offender “is eligible for release to post-prison supervision after having served the presumptive sentence established under ORS 161.”
State v. Warren (2004) orctapp “226 (providing for psychiatric or psychological examination of a defendant sentenced as a dangerous offender for purpose of consideration by Board of Parole and Post-Prison Supervision of offender’s eligibility for release); ORS 144.232 (setting out criteria and procedures for…”
State v. Morgan (1993) orctapp “ORS 144.232; see also State v. Serhienko, 111 Or App 604, 826 P2d 114 (1992).”
State v. Isom (2005) orctapp “ORS 144.232(4). Here, the court deemed Count 1 to be the “primary offense,” which sets the period of post-prison supervision.”
Dizick v. Board of Parole & Post-Prison Supervision (2013) orctapp · cites it 10× “The state conceded the error, but argued that, under ORS 144.232 (1991), 1 which was in effect when petitioner’s crimes were committed, the effect was, in essence, the same as what the trial court had provided, and that there was no need for resentencing.”
State v. Dizick (1995) orctapp · cites it 5× “Nevertheless, the state argues that the court had authority to impose a term of parole under ORS 144.232 (1991) (since amended by Or Laws 1993, ch 334, § 4; *489 Or Laws 1995, ch 423, § 18).”
State v. Reese (1994) orctapp “Although the court may impose an indeterminate sentence on the basis of [dangerous offender] findings, it must indicate the presumptive sentence that would have been imposed.”
State v. Dizick (2017) orctapp “At the time of the sentencing, ORS 144.232(1) (1991), amended by Oregon Laws 1993, chapter 334, section 4, provided that a dangerous offender is eligible for release “after having served the presumptive sentence established under ORS 161.”
State v. Reese (1992) orctapp “ORS 144.232(1). *561 The trial court erred in imposing a 30-year determinate sentence.”
State v. Stephens (2008) orctapp “101(l)(d) (board has jurisdiction over persons sentenced as dangerous offenders); ORS 144.232 (setting out procedures and standards for release; offender is eligible for release after having served required incarceration term).”
— Or. Rev. Stat. § 144.232(1) — 6 cases
State v. Parkerson (2023) or “The “required incar- ceration term”—the “determinate part” of the sentence— under the statute as originally enacted provided that a person sentenced to prison as a dangerous offender may be released to post-prison supervision “after having served the presumptive sentence…”
State v. Davis (1993) or “See ORS 144.232(1) (a person sentenced as a dangerous offender “is eligible for release to post-prison supervision after having served the presumptive sentence established under ORS 161.”
State v. Reese (1994) orctapp “Although the court may impose an indeterminate sentence on the basis of [dangerous offender] findings, it must indicate the presumptive sentence that would have been imposed.”
Dizick v. Board of Parole & Post-Prison Supervision (2013) orctapp “The state conceded the error, but argued that, under ORS 144.232 (1991), 1 which was in effect when petitioner’s crimes were committed, the effect was, in essence, the same as what the trial court had provided, and that there was no need for resentencing.”
State v. Dizick (2017) orctapp “At the time of the sentencing, ORS 144.232(1) (1991), amended by Oregon Laws 1993, chapter 334, section 4, provided that a dangerous offender is eligible for release “after having served the presumptive sentence established under ORS 161.”
— Or. Rev. Stat. § 144.232(4) — 1 case
State v. Isom (2005) orctapp “ORS 144.232(4). Here, the court deemed Count 1 to be the “primary offense,” which sets the period of post-prison supervision.”
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