Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 144.245

Date of release on parole; effect of release order

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      144.245 Date of release on parole; effect of release order. (1) When the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

      (2) When the board has not set a date on which a prisoner is to be released upon parole, the prisoner shall be released upon a date six months prior to the expiration of the prisoner’s term as computed under ORS 421.120 and 421.122 unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be released until the expiration of the minimum term.

      (3) In no case does a prisoner have a right to refuse an order granting the prisoner release upon parole. [1985 c.53 §§2,3]

 

      Note: See note under 144.110.

 

      144.250 [Amended by 1973 c.836 §292; repealed by 1973 c.694 §26; see 144.183]

Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 1988–2025 · leading case: Jones v. Thompson
Sort: Relevance Newest Treatment
Jones v. Thompson (1998) orctapp · cites it 14× “ORS 144.245 authorizes release by DOC on the initial date unless the board acts to extend the release date before the release date occurs.”
Hamel v. Johnson (2000) or · cites it 5× “Petitioner responds that ORS 144.245 (1987) required the Board to release him on parole on his scheduled release date, unless the Board had a valid reason to postpone that release date.”
Bollinger v. Board of Parole & Post-Prison Supervision (1999) or · cites it 13× “We therefore affirm the decision of the Court of Appeals. The following facts are not in dispute.”
Engweiler v. Persson (2013) or · cites it 3× “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.”
Hibbard v. Board of Parole & Post-Prison Supervision (1996) orctapp · cites it 9× “Petitioner’s second assignment of error asserts that the Board acted unlawfully in advancing his parole release date.”
Gordon v. Board of Parole & Post-Prison Supervision (2007) or · cites it 3× “ORS 144.245(1) (when board has set a parole release date, “the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be…”
Bollinger v. Board of Parole & Post-Prison Supervision (1996) orctapp · cites it 8× “The Board argues that it has authority to advance a parole release date and that, under ORS 144.245(3), prisoners have no right to refuse parole.”
State Ex Rel. Engweiler v. Felton (2011) or · cites it 2× “See ORS 144.245 (so providing); Hamel v. Johnson, 330 Or.”
Porter v. Board of Parole & Post-Prison Supervision (2016) orctapp · cites it 6× “*** [UJnder ORS 144.245, the Board was required to release petitioner on parole on the scheduled release date unless it had a valid reason for postponing that release date.”
Weidner v. Armenakis (1998) orctapp · cites it 2× “The parole release date has a crucial legal significance for a prisoner under the matrix system: "When the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner shall be released on that date, " unless…”
State v. Link (2021) or “125(2) (2001) (providing for exit interview); ORS 144.245(1) (2001) (providing that if a prisoner does not have an unexpired minimum term, the prisoner “shall be released” on the release date).”
Janowski v. Board of Parole & Post-Prison Supervision (2010) or “” ORS 144.245(1) (1985). Under that statute, “if a prisoner does not have an unexpired minimum term, then the prisoner must be released on the scheduled release date” unless one of the grounds for postponement of a release date set out in ORS 144.”
Show all 27 citing cases →
— Or. Rev. Stat. § 144.245(1) — 14 cases
Jones v. Thompson (1998) orctapp “ORS 144.245 authorizes release by DOC on the initial date unless the board acts to extend the release date before the release date occurs.”
Gordon v. Board of Parole & Post-Prison Supervision (2007) or “ORS 144.245(1) (when board has set a parole release date, “the prisoner shall be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner shall not be…”
Hamel v. Johnson (2000) or “Petitioner responds that ORS 144.245 (1987) required the Board to release him on parole on his scheduled release date, unless the Board had a valid reason to postpone that release date.”
Weidner v. Armenakis (1998) orctapp “The parole release date has a crucial legal significance for a prisoner under the matrix system: "When the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner shall be released on that date, " unless…”
State v. Link (2021) or “125(2) (2001) (providing for exit interview); ORS 144.245(1) (2001) (providing that if a prisoner does not have an unexpired minimum term, the prisoner “shall be released” on the release date).”
— Or. Rev. Stat. § 144.245(2) — 1 case
Erbs v. Board of Parole (1988) orctapp
— Or. Rev. Stat. § 144.245(3) — 8 cases
Bollinger v. Board of Parole & Post-Prison Supervision (1999) or “We therefore affirm the decision of the Court of Appeals. The following facts are not in dispute.”
Hibbard v. Board of Parole & Post-Prison Supervision (1996) orctapp “Petitioner’s second assignment of error asserts that the Board acted unlawfully in advancing his parole release date.”
Bollinger v. Board of Parole & Post-Prison Supervision (1996) orctapp “The Board argues that it has authority to advance a parole release date and that, under ORS 144.245(3), prisoners have no right to refuse parole.”
Luckey v. Board of Parole & Post-Prison Supervision (1997) orctapp
Erbs v. Board of Parole (1988) orctapp
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