144.331
Suspension of parole or post-prison supervision; custody of violator;
revocation hearing before suspension.
(1) The State Board of Parole and Post-Prison Supervision may suspend the
parole or post-prison supervision of any person under its jurisdiction upon
being informed and having reasonable grounds to believe that the person has
violated the conditions of parole or post-prison supervision and may order the
arrest and detention of such person. The written order of the board is
sufficient warrant for any law enforcement officer to take into custody such
person. A sheriff, municipal police officer, constable, parole and probation
officer, prison official or other peace officer shall execute the order.
(2) The board or
its designated representative may proceed to hearing as provided in ORS 144.343
without first suspending the parole or post-prison supervision or ordering the
arrest and detention of any person under its jurisdiction upon being informed
and having reasonable grounds to believe that the person under its jurisdiction
has violated a condition of parole and that revocation of parole may be
warranted or that the person under its jurisdiction has violated a condition of
post-prison supervision and that incarceration for the violation may be
warranted.
(3) During the
pendency of any post-prison supervision violation proceedings, the period of
post-prison supervision is stayed and the board has jurisdiction over the
offender until the proceedings are resolved. [1973 c.694 §9 (enacted in lieu of
144.330); 1977 c.375 §1; 1991 c.108 §1; 2005 c.264 §13]
144.333 [Repealed by 1974 c.36 §28]
Notes of Decisions
McAlpine v. Multnomah Cnty., 883 P.2d 869 (Or. Ct. App. 1994).
· cites it 17× “] “At all material times there was in effect ORS 144.331, which stated that a sheriff, municipal police officer or other peace officer shall execute the order of arrest for any person which is issued by the Oregon Board of Parole and Post-Prison Supervision.”
Do Mun Kim v. Multnomah Cnty., 909 P.2d 886 (Or. Ct. App. 1996).
· cites it 3× “” In McAlpine, we concluded that ORS 144.331(1), a statute granting similar authority to parole officers, ‘ ‘was not intended to protect members of the general public from criminal activities perpetrated by parole violators.”
State v. McClure, 300 P.3d 210 (Or. Ct. App. 2013).
· cites it 6× “It implicitly recognizes the authority granted to the Board of Parole and Post-Prison Supervision and peace officers and parole and probation officers in ORS 144.331. ORS 144.331 grants the board authority to suspend parole or post-prison supervision (PPS) “of any person under…”
Roof v. Bd. of Parole, 736 P.2d 193 (Or. Ct. App. 1987).
“See ORS 144.331; ORS 144.343; former OAR 255-75-090.”
Waller v. Drago, 611 F. Supp. 405 (D. Or. 1985).
· cites it 2× “8090 (1982), citing ORS 144.331, 423.020(1). The Attorney General has also stated that county officials have no authority to release an alleged parole violator without the Board’s approval or a court order, and that County officials who illegally release a parolee can be…”
Beveridge v. Johnson, 967 P.2d 1238 (Or. Ct. App. 1998).
“The board had no authority to arrest and detain plaintiff: The Suspend and Detain Warrants, under which plaintiff was arrested, authorize arrest when a parolee has allegedly violated parole, ORS 144.331; ORS 144.340, and there is no allegation here that plaintiff had done so.”
State v. Patterson, 346 P.3d 614 (Or. Ct. App. 2015).
· cites it 2× “The order cites both ORS 144.331 and ORS 144.340. ORS 144.340 addresses the authority of the Department of Corrections to take custody of persons “whenever they have violated” the terms of PPS.”
Wilcox v. Bd. of Parole & Post-Prison Supervision, 107 P.3d 637 (Or. Ct. App. 2005).
“ORS 144.331 (1987). The earlier statutory scheme, without mandatory exhaustion, presented petitioners a choice between administrative review and judicial review.”
— Or. Rev. Stat. § 144.331(1) — 6 cases
McAlpine v. Multnomah Cnty., 883 P.2d 869 (Or. Ct. App. 1994).
“] “At all material times there was in effect ORS 144.331, which stated that a sheriff, municipal police officer or other peace officer shall execute the order of arrest for any person which is issued by the Oregon Board of Parole and Post-Prison Supervision.”
Do Mun Kim v. Multnomah Cnty., 909 P.2d 886 (Or. Ct. App. 1996).
“” In McAlpine, we concluded that ORS 144.331(1), a statute granting similar authority to parole officers, ‘ ‘was not intended to protect members of the general public from criminal activities perpetrated by parole violators.”
Waller v. Drago, 611 F. Supp. 405 (D. Or. 1985).
“8090 (1982), citing ORS 144.331, 423.020(1). The Attorney General has also stated that county officials have no authority to release an alleged parole violator without the Board’s approval or a court order, and that County officials who illegally release a parolee can be…”
State v. McClure, 300 P.3d 210 (Or. Ct. App. 2013).
“It implicitly recognizes the authority granted to the Board of Parole and Post-Prison Supervision and peace officers and parole and probation officers in ORS 144.331. ORS 144.331 grants the board authority to suspend parole or post-prison supervision (PPS) “of any person under…”
State v. Patterson, 346 P.3d 614 (Or. Ct. App. 2015).
“The order cites both ORS 144.331 and ORS 144.340. ORS 144.340 addresses the authority of the Department of Corrections to take custody of persons “whenever they have violated” the terms of PPS.”
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