144.350 Order
for arrest and detention of escapee or violator of parole, post-prison
supervision, probation, conditional pardon or other conditional release;
investigation by department.
(1)(a) The Department of Corrections or other supervisory authority may order
the arrest and detention of any person then under the supervision, custody or
control of the department or other supervisory authority upon being informed
and having reasonable grounds to believe that such person has:
(A) Violated the
conditions of parole, post-prison supervision, probation, conditional pardon or
other conditional release from custody; or
(B) Escaped from
the supervision, custody or control of the department or other supervisory
authority.
(b) Before
issuing an order under paragraph (a)(A) of this subsection, the department or
other supervisory authority shall investigate for the purpose of ascertaining
whether the terms of the parole, post-prison supervision, probation,
conditional pardon or other conditional release have been violated.
(2)
Notwithstanding subsection (1) of this section, the department or other
supervisory authority may order the arrest and detention of any person under
its supervision or control if it has reasonable grounds to believe that such
person is a danger to self or to others. A hearing shall follow as promptly as
convenient to the parties to determine whether probable cause exists to
continue detention pending a final determination of the case.
(3) As used in
this section, “escape” means the unlawful departure of a person from a
correctional facility, as defined in ORS 162.135, or from the supervision,
custody or control of a corrections officer or other person authorized by the
department or supervisory authority to maintain supervision, custody or control
of the person while the person is outside the correctional facility. [Amended
by 1969 c.597 §117; 1981 c.644 §8; 1987 c.320 §63; 1989 c.790 §44; 1995 c.423 §25;
1999 c.120 §2]
Notes of Decisions
Arellano-Sanchez v. Thrasher, 374 Or. 623 (Or. 2025).
· cites it 27× “Acting under color of ORS 144.350, which authorizes DOC to issue an order for the arrest of a person who has “[e]scaped from the supervision, custody or control of the department,” DOC then issued an order for plaintiff’s arrest and return to custody.”
State v. Meier, 929 P.2d 1052 (Or. Ct. App. 1996).
· cites it 12× “On appeal, defendant first assigns error to the trial court’s ruling that defendant’s arrest was authorized by ORS 144.350, the statute governing arrests for parole violations.”
Fletes v. Thrasher, 374 Or. 735 (Or. 2026).
· cites it 4× “DOC then issued an order for plaintiff’s arrest and detention pursuant to ORS 144.350. Plaintiff was rearrested on December 5.”
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).
· cites it 2× “e before November 1, 1989: "Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any inmate, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go…”
Hamel v. Johnson, 25 P.3d 314 (Or. Ct. App. 2001).
· cites it 2× “050 provides: "Subject to applicable laws, the State Board of Parole and Post-Prison Supervision may authorize any inmate, who is committed to the legal and physical custody of the Department of Corrections for an offense committed prior to November 1, 1989, to go upon parole…”
Jones v. Thompson, 968 P.2d 380 (Or. Ct. App. 1998).
· cites it 2× “050 provided: "Subject to applicable laws, the State Board of Parole may authorize any inmate, who is committed to the legal and physical custody of the Corrections Division to go upon parole subject to being arrested and detained under written order of the board or as provided…”
State v. Guzman, 990 P.2d 370 (Or. Ct. App. 1999).
· cites it 2× “2d 1052 (1996) (applying the definition of "reasonable grounds" from Gulley to ORS 144.350(1), a statute currently providing for the arrest of an individual who is "then under the supervision or control of the department or other supervisory authority upon being informed and…”
State v. Reed, 538 P.3d 195 (Or. 2023).
“545(2) (providing that a probationer may be arrested without a warrant for violating any condition of probation); ORS 144.350(1)(a) (authorizing a probation officer to order a probationer’s arrest “upon being informed and having reasonable grounds to believe” that the…”
Haskins v. Palmateer, 63 P.3d 31 (Or. Ct. App. 2003).
“040 (1981), the board was to adjudicate, in the event of an alleged violation of parole, whether the conditions of parole had been violated. Also, former ORS 144.”
State v. Smith, 424 P.3d 755 (Or. Ct. App. 2018).
· cites it 5× “" As indicated, the appropriate standard to justify a warrantless arrest of a probationer that is not based on an order issued under ORS 144.350 (1)(a) by someone authorized to issue such an order is probable cause.”
Brown v. Kotek, 548 P.3d 1286 (Or. 2024).
· cites it 2× “See ORS 144.350(1)(a)(A) (providing that a supervisory author- ity “may order the arrest and detention of any person then under the supervision, custody or control” of the supervisory authority if there are “reasonable grounds to believe” that the person has “[v]iolated the…”
State Ex Rel. Gonzalez v. Washington, 47 P.3d 537 (Or. Ct. App. 2002).
“370 provided: “Within 15 days after the issuance of an order, under the provisions of ORS 144.350, the board may order suspension of the detained person’s parole.”
— Or. Rev. Stat. § 144.350(1) — 3 cases
State v. Meier, 929 P.2d 1052 (Or. Ct. App. 1996).
“On appeal, defendant first assigns error to the trial court’s ruling that defendant’s arrest was authorized by ORS 144.350, the statute governing arrests for parole violations.”
State v. Guzman, 990 P.2d 370 (Or. Ct. App. 1999).
“2d 1052 (1996) (applying the definition of "reasonable grounds" from Gulley to ORS 144.350(1), a statute currently providing for the arrest of an individual who is "then under the supervision or control of the department or other supervisory authority upon being informed and…”
— Or. Rev. Stat. § 144.350(1)(a) — 3 cases
State v. Reed, 538 P.3d 195 (Or. 2023).
“545(2) (providing that a probationer may be arrested without a warrant for violating any condition of probation); ORS 144.350(1)(a) (authorizing a probation officer to order a probationer’s arrest “upon being informed and having reasonable grounds to believe” that the…”
State v. Smith, 424 P.3d 755 (Or. Ct. App. 2018).
“" As indicated, the appropriate standard to justify a warrantless arrest of a probationer that is not based on an order issued under ORS 144.350 (1)(a) by someone authorized to issue such an order is probable cause.”
— Or. Rev. Stat. § 144.350(1)(a)(A) — 4 cases
Brown v. Kotek, 548 P.3d 1286 (Or. 2024).
“See ORS 144.350(1)(a)(A) (providing that a supervisory author- ity “may order the arrest and detention of any person then under the supervision, custody or control” of the supervisory authority if there are “reasonable grounds to believe” that the person has “[v]iolated the…”
— Or. Rev. Stat. § 144.350(1)(a)(B) — 1 case
Arellano-Sanchez v. Thrasher, 374 Or. 623 (Or. 2025).
“Acting under color of ORS 144.350, which authorizes DOC to issue an order for the arrest of a person who has “[e]scaped from the supervision, custody or control of the department,” DOC then issued an order for plaintiff’s arrest and return to custody.”
— Or. Rev. Stat. § 144.350(2) — 1 case
— Or. Rev. Stat. § 144.350(3) — 1 case
Arellano-Sanchez v. Thrasher, 374 Or. 623 (Or. 2025).
“Acting under color of ORS 144.350, which authorizes DOC to issue an order for the arrest of a person who has “[e]scaped from the supervision, custody or control of the department,” DOC then issued an order for plaintiff’s arrest and return to custody.”
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