144.397
Release eligibility for juvenile offenders after 15 years of imprisonment;
board hearing; rules.
(1)(a) A person convicted of an offense or offenses committed when the person
was under 18 years of age, who is serving a sentence of imprisonment for the
offense or offenses, is eligible for release on parole or post-prison
supervision as provided in this section after the person has served 15 years of
imprisonment.
(b) Nothing in
this section is intended to prevent a person from being released prior to
serving 15 years of imprisonment under any other provision of law.
(c) As used in
this subsection, “served 15 years of imprisonment” means that 15 years have
passed since the person began serving the sentence, including pretrial
incarceration but not including any reduction in sentence under ORS 421.121 or
any other statute.
(2) This section
applies notwithstanding ORS 144.110 or the fact that the person was:
(a) Sentenced to
a minimum sentence under ORS 163.105, 163.107, 163.115 or 163.155.
(b) Sentenced to
a mandatory minimum sentence under ORS 137.700, 137.707 or 137.717, a
determinate sentence under ORS 137.635 or a sentence required by any other
provision of law.
(c) Sentenced to
two or more consecutive sentences under ORS 137.123.
(3) When a person
eligible for release on parole or post-prison supervision as described in
subsection (1) of this section has served 15 years of imprisonment, the State
Board of Parole and Post-Prison Supervision shall hold a hearing. The hearing
must provide the person a meaningful opportunity to be released on parole or
post-prison supervision.
(4) The board may
require the person, before holding a hearing described in this section, to be
examined by a psychiatrist or psychologist with expertise in adolescent
development. Within 60 days of the evaluation, the examining psychiatrist or
psychologist shall file a written report of the findings and conclusions of the
examination with the board. A certified copy of the report shall be provided to
the person and the person’s attorney.
(5) During a
hearing under this section, the board shall consider and give substantial
weight to the fact that a person under 18 years of age is incapable of the same
reasoning and impulse control as an adult and the diminished culpability of
minors as compared to that of adults. The board shall also consider the
following circumstances, if relevant to the specific person and offense:
(a) The age and
immaturity of the person at the time of the offense.
(b) Whether and
to what extent an adult was involved in the offense.
(c) The person’s
family and community circumstances at the time of the offense, including any
history of abuse, trauma and involvement in the juvenile dependency system.
(d) The person’s
subsequent emotional growth and increased maturity during the person’s
imprisonment.
(e) The person’s
participation in rehabilitative and educational programs while in custody if
such programs have been made available to the person and use of self-study for
self-improvement.
(f) A mental
health diagnosis.
(g) Any other
mitigating factors or circumstances presented by the person.
(6) Under no
circumstances may the board consider the age of the person as an aggravating
factor.
(7) If the board
finds that, based on the consideration of the age and immaturity of the person
at the time of the offense and the person’s behavior thereafter, the person has
demonstrated maturity and rehabilitation, the board shall release the person as
follows:
(a) For a person
sentenced under ORS 163.105, 163.107, 163.115 or 163.155, the board shall set a
release date that is not more than 60 days from the date of the hearing and,
notwithstanding section 28, chapter 790, Oregon Laws 1989, the person shall be
released on parole in accordance with ORS 144.125, 144.260 and 144.270.
(b) A person
sentenced to a term of imprisonment under a provision of law other than ORS
163.105, 163.107, 163.115 or 163.155 shall be released on post-prison
supervision in accordance with ORS 144.096 and 144.098 within 60 days of the
date of the hearing.
(8) Unless the
context requires otherwise, the provisions of ORS 144.260 to 144.380 apply to a
person released on parole under subsection (7)(a) of this section.
(9) If the board
determines that the person has not demonstrated maturity and rehabilitation
under subsection (7) of this section, the board may postpone a subsequent
hearing to a date that is at least two years but no more than 10 years from the
date of the hearing.
(10) The person
may waive a hearing under this section. Notwithstanding waiver of the hearing,
the board shall hold a hearing under this section upon the person’s written
request.
(11) The board
shall provide notice of the hearing to:
(a) The district
attorney of the county in which the person was convicted; and
(b) The victim of
any offense for which the person is serving a sentence, if the victim requests
to be notified and furnishes the board with a current address.
(12) A person has
the right to counsel, including counsel appointed at board expense, at a
hearing under this section.
(13) The board
may adopt rules to carry out the provisions of this section. [2019 c.634 §25;
2019 c.635 §3d]
Note: Section 32, chapter 634, Oregon
Laws 2019, provides:
Sec. 32. (1) Sections 24 [161.740] and 25
[144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071,
137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105,
163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005,
419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011,
420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019 [163.107], by
sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a,
chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January
1, 2020.
(2)
Notwithstanding subsection (1) of this section, sections 24 and 25, chapter
634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705,
137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155,
163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346,
419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203
and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29,
chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019,
do not apply to persons who were originally sentenced before January 1, 2020,
and who are subsequently resentenced on or after January 1, 2020, as the result
of an appellate decision or a post-conviction relief proceeding or for any
other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]
Note: 144.397 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 144
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
144.400 [Amended by 1973 c.836 §301;
repealed by 1973 c.694 §26]
144.403 [Repealed by 1974 c.36 §28]
SEIZURE OF PROPERTY BY
PAROLE AND PROBATION OFFICERS
Notes of Decisions
Cited in
20
cases (
19 in the last 5 years), 2020–2026 · leading case:
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022).
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022).
· cites it 12× “victed felons, comprising three groups: (1) individuals “vulner- able to the effects of COVID-19,” (2) individuals who had fought “the historic wildfires that ravaged the state around Labor Day 2020,” and (3) 73 individu- als who were sentenced as juveniles before the passage of…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
· cites it 25× “Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
· cites it 25× “Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
· cites it 16× “ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
· cites it 7× “Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
“The court shall order that the defendant be confined for a minimum of 30 years without possibility of parole or release to post-prison supervision except as provided in ORS 144.397, and with- out the possibility of release on work release or any form of temporary leave or…”
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
· cites it 7× “Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
Vedder v. Bd. of Parole, 341 Or. App. 139 (Or. Ct. App. 2025).
· cites it 4× “In 2021, Governor Kate Brown commuted petition- er’s sentence by granting him a juvenile hearing under ORS 144.397. Under ORS 144.397, persons convicted of crimes committed when they were juveniles may petition the board for early release after 15 years of imprisonment by demon-…”
State v. Gardner-Rolph, 345 Or. App. 681 (Or. Ct. App. 2025).
“203, creating the possibility for release after 15 years of imprisonment if the person has successfully matured and been rehabilitated, ORS 144.397, and creating a waiver hearing process regard- ing violative conduct committed when an individual was 15, 16, or 17 years of age…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
· cites it 16× “ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023).
· cites it 8× “47 Notably, no jurisdiction that has fixed a maximum 45 See Or. Rev. Stat. § 144.397 (1)(a); W. Va. Code § 61-11-23 (b).”
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023).
· cites it 8× “47 Notably, no jurisdiction that has fixed a maximum 45 See Or. Rev. Stat. § 144.397 (1)(a); W. Va. Code § 61-11-23 (b).”
— Or. Rev. Stat. § 144.397(1) — 4 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(1)(a) — 2 cases
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(12) — 2 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
— Or. Rev. Stat. § 144.397(13) — 4 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(2021) — 1 case
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022).
“victed felons, comprising three groups: (1) individuals “vulner- able to the effects of COVID-19,” (2) individuals who had fought “the historic wildfires that ravaged the state around Labor Day 2020,” and (3) 73 individu- als who were sentenced as juveniles before the passage of…”
— Or. Rev. Stat. § 144.397(3) — 5 cases
Marteeny v. Brown, 517 P.3d 343 (Or. Ct. App. 2022).
“victed felons, comprising three groups: (1) individuals “vulner- able to the effects of COVID-19,” (2) individuals who had fought “the historic wildfires that ravaged the state around Labor Day 2020,” and (3) 73 individu- als who were sentenced as juveniles before the passage of…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(5) — 4 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(5)(c) — 2 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
— Or. Rev. Stat. § 144.397(5)(e) — 2 cases
Vedder v. Bd. of Parole, 341 Or. App. 139 (Or. Ct. App. 2025).
“In 2021, Governor Kate Brown commuted petition- er’s sentence by granting him a juvenile hearing under ORS 144.397. Under ORS 144.397, persons convicted of crimes committed when they were juveniles may petition the board for early release after 15 years of imprisonment by demon-…”
— Or. Rev. Stat. § 144.397(5)(f) — 2 cases
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
— Or. Rev. Stat. § 144.397(6) — 6 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(7) — 6 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
Vedder v. Bd. of Parole, 341 Or. App. 139 (Or. Ct. App. 2025).
“In 2021, Governor Kate Brown commuted petition- er’s sentence by granting him a juvenile hearing under ORS 144.397. Under ORS 144.397, persons convicted of crimes committed when they were juveniles may petition the board for early release after 15 years of imprisonment by demon-…”
Jones v. Bd. of Parole, 350 Or. App. 432 (Or. Ct. App. 2026).
“ORS 144.397(1) - (2). After a person who was convicted as a juvenile has served 15 years, the board shall hold a juvenile hearing that provides the person “a meaningful opportunity to be released on parole.”
— Or. Rev. Stat. § 144.397(7)(b) — 2 cases
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
Jenkins v. Bd. of Parole, 341 Or. App. 134 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that denied petitioner release under ORS 144.397 after holding a juvenile hearing.”
— Or. Rev. Stat. § 144.397(9) — 2 cases
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
Jacobs v. Bd. of Parole, 342 Or. App. 41 (Or. Ct. App. 2025).
“Petitioner seeks judicial review of a final order (Board Action Form (BAF) 12) of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner release after his juvenile hearing under ORS 144.397. Petitioner, an adult in custody with a life sentence for…”
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