Or. Rev. Stat. § 144.500

Effect of violation or unexcused absence by enrollee

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      144.500 Effect of violation or unexcused absence by enrollee. (1) If a person enrolled, or assigned to participate, in the work release program violates any law, or any rule or specific condition applicable to the person under ORS 144.450, the Department of Corrections may immediately terminate that person’s enrollment in, or assignment to, the work release program and transfer the person to a Department of Corrections institution for the remainder of the sentence.

      (2) Absence, without a reason that is acceptable to the Director of the Department of Corrections, of a person enrolled in, or assigned to, a work release program from the place of employment, work assignment or designated quarters, at any time contrary to the rules or specific conditions applicable to the person under ORS 144.450:

      (a) Immediately terminates the enrollment of the person in, or assignment of the person to, the work release program.

      (b) Constitutes an escape from a correctional facility under ORS 162.155. [1965 c.463 §§16,17; 1971 c.743 §340; 1987 c.320 §74; 1995 c.384 §9]

 

      144.510 [Amended by 1961 c.656 §1; renumbered 144.560]

Notes of Decisions
Cited in 11 cases, 1968–2013 · leading case: Chochrek v. Cupp
Chochrek v. Cupp (1975) orctapp · cites it 4× “An inmate outside the penitentiary on educational or work release is considered as still being in the constructive custody of the penal institution where he was previously confined.”
State v. Lane (2006) or “…facility from a work release program “Constitutes an escape from a correctional facility under ORS 162.155.” ORS 144.500(2)(b).”
State v. Ratliff (1988) orctapp · cites it 2× “2 The state originally cited ORS 144.500(2) as support for the proposition that escape from a work release program is an escape under ORS 162.”
Dietrich v. Brooks (1976) orctapp “ORS 144.500, rather than parole. Parole works differently.”
State v. Manley (1997) or · cites it 2× “” ORS 144.500(2). 5 ORS 144.500(2) illustrates two points.”
Kneefe v. Sullivan (1970) orctapp “① ORS 144.500(2): “(2) Absence, without a reason that is acceptable to the administrator, of a person enrolled in a work release pro *155 gram from his place of employment or his designated quarters, at any time contrary to the rules or specific conditions applicable to him…”
State v. Hutcheson (1968) or “ORS 144.500 (2) provides further that absence of an enrollee from his place of employment or his designated quarters without a reason acceptable to the administrator of the Corrections Division constitutes an escape from official detention.”
Paola v. Cupp (1972) orctapp · cites it 4× “” *45 ORS 144.500 provides for the termination of an inmate enrolled in the program for violation of * * any law, or any rule or specific condition applicable to him under ORS 144.”
State v. Gruver (2013) orctapp · cites it 2× “’ ORS 144.500(2). “ORS 144.500(2) illustrates two points.”
Shobe v. Oregon Women's Correctional Center (1977) orctapp “Prisoners temporarily outside their usual place of confinement for limited purposes are uniformly held to be still in the legal custody of the penal institution where they were previously confined.”
State v. Wolfe (1972) orctapp “324 provided that no person shall “ [k] nowingly escape from official detention” and ORS 144.500, a section of the Work Release Program Act for state prisoners provided that if a prisoner enrolled in the program was absent, without reason acceptable to the administrator, from…”
— Or. Rev. Stat. § 144.500(1) — 1 case
Chochrek v. Cupp (1975) orctapp “An inmate outside the penitentiary on educational or work release is considered as still being in the constructive custody of the penal institution where he was previously confined.”
— Or. Rev. Stat. § 144.500(2) — 4 cases
State v. Ratliff (1988) orctapp “2 The state originally cited ORS 144.500(2) as support for the proposition that escape from a work release program is an escape under ORS 162.”
State v. Manley (1997) or “” ORS 144.500(2). 5 ORS 144.500(2) illustrates two points.”
Kneefe v. Sullivan (1970) orctapp “① ORS 144.500(2): “(2) Absence, without a reason that is acceptable to the administrator, of a person enrolled in a work release pro *155 gram from his place of employment or his designated quarters, at any time contrary to the rules or specific conditions applicable to him…”
State v. Gruver (2013) orctapp “’ ORS 144.500(2). “ORS 144.500(2) illustrates two points.”
— Or. Rev. Stat. § 144.500(2)(b) — 1 case
State v. Lane (2006) or “…facility from a work release program “Constitutes an escape from a correctional facility under ORS 162.155.” ORS 144.500(2)(b).”
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