Oregon Revised Statutes

Or. Rev. Stat. § 163.105 (2026)

Sentencing options for aggravated murder

✓ current as of May 2026

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163.105 Sentencing options for aggravated murder. Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490:

(1)(a) Except as otherwise provided in ORS 137.707, when a defendant is convicted of aggravated murder as defined by ORS 163.095, the defendant shall be sentenced, pursuant to ORS 163.150, to death, life imprisonment without the possibility of release or parole or life imprisonment.

(b) A person sentenced to life imprisonment without the possibility of release or parole under this section shall not have that sentence suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Prison Supervision may not parole the prisoner nor reduce the period of confinement in any manner whatsoever. The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program.

(c) If sentenced to life imprisonment, the court shall order that the defendant shall 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 without the possibility of release on work release or any form of temporary leave or employment at a forest or work camp.

(2) At any time after completion of a minimum period of confinement pursuant to subsection (1)(c) of this section, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether or not the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing, the prisoner has:

(a) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time;

(b) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and

(c) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board.

(3) If, upon hearing all of the evidence, the board, upon a unanimous vote of three board members or, if the chairperson requires all voting members to participate, a unanimous vote of all voting members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner’s confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner’s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise the board shall deny the relief sought in the petition.

(4) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS 144.285.

(5) The board’s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order. [1977 c.370 §2; 1981 c.873 §4; 1985 c.3 §1; 1987 c.158 §23; 1987 c.803 §20; 1989 c.720 §1; 1991 c.126 §8; 1995 c.421 §2; 1999 c.59 §31; 1999 c.782 §5; 2007 c.717 §1; 2009 c.660 §6; 2015 c.820 §45; 2019 c.634 §27]

Notes of Decisions

Cited in 247 cases (38 in the last 5 years), 1978–2026 · leading case: State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011).

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State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011). · cites it 214× “095, except as provided in ORS 163.105." ORS 163.105 (1989) [9] provided, in turn, as follows: "Notwithstanding the provisions of ORS chapter 144[relating generally to parole and work release], ORS 421.”

State v. Link, 482 P.3d 28 (Or. 2021). · cites it 43× “4 ORS 163.105 (2001), amended by Or Laws 2007, ch 717, § 1; Or Laws 2009, ch 660, § 6; Or Laws 2015, ch 820, § 45; Or Laws 2019, ch 634, § 27.”

State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). · cites it 50× “095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.105, are, correspondingly, the harshest: death, life imprisonment without the possibility of release or parole, or life imprisonment.”

Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010). · cites it 54× “” 5 After Janowski and Fleming had been incarcerated for 20 years, they each sought a hearing under ORS 163.105 (1985), which, in addition to requiring the trial court in subsection (1) of the statute to impose a 30-year mandatory minimum sentence for persons sentenced to life…”

Roy v. Palmateer, 95 P.3d 1124 (Or. Ct. App. 2004). · cites it 102× “[2] Plaintiff also argues that, if interpreted otherwise, ORS 163.105 (1983) violates the Reformation Clause of Article I, section 15, of the Oregon Constitution; the Due Process Clause of the Fourteenth Amendment to the United States Constitution; and the proscriptions against…”

State v. Shumway, 630 P.2d 796 (Or. 1981). · cites it 33× “095 provides: "As used in ORS 163.105 and this section, `aggravated murder' means murder as defined in ORS 163.”

Fleming v. Bd. of Parole & Post-Prison Supervision, 202 P.3d 209 (Or. Ct. App. 2009). · cites it 61× “The judgment provided that, pursuant to ORS 163.105, petitioner was to serve a life sentence for aggravated murder, with a minimum sentence of “Thirty (30) Years, with no possibility of parole, release on work release or any form of temporary leave or employment at a forest or…”

Severy v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 119 (Or. 2010). · cites it 44× “In Janowski /Fleming, this court today addresses the issue of the board’s authority, under ORS 163.105 (1985), to override a 30-year mandatory minimum sentence and to set a prisoner’s eligibility for release on parole after 20 years if it finds that the prisoner is likely to be…”

Engweiler v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 408 (Or. 2007). · cites it 23× “A juvenile so remanded and convicted of aggravated murder was subject to the same penalty as an adult; no provision exempted juveniles from the minimum term of incarceration required under ORS 163.105 (1983) or otherwise made juvenile aggravated murderers eligible for parole…”

State Ex Rel. Engweiler v. Powers, 221 P.3d 818 (Or. Ct. App. 2009). · cites it 40× “120 * * % ‡ ?}í % “(b) The board shall not release a prisoner on parole who has been convicted of murder defined as aggravated murder * * *, except as provided in ORS 163.105.” On its face, ORS 144.110(2)(b) (1989) operated as an exception to ORS 144.”

Norris v. Bd. of Parole & Post-Prison Supervision, 13 P.3d 104 (Or. 2000). · cites it 36× “On September 10, 1993, after having served 15 years, petitioner petitioned the Board for a “rehabilitation hearing” under ORS 163.105 (1977) (set out below). That statute provides, in part, that, for a person convicted of aggravated murder under ORS 163.”

Larsen v. Bd. of Parole, 138 P.3d 16 (Or. Ct. App. 2006). · cites it 31× “105 (1977), which provided, in part: "(2) When a defendant is convicted of murder defined as aggravated murder * * *, the court shall order that the defendant shall be confined for a minimum of 20 years without possibility of parole * * *.”

Show all 247 citing cases →

— Or. Rev. Stat. § 163.105(1) — 42 cases

State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011). “095, except as provided in ORS 163.105." ORS 163.105 (1989) [9] provided, in turn, as follows: "Notwithstanding the provisions of ORS chapter 144[relating generally to parole and work release], ORS 421.”

Engweiler v. Bd. of Parole & Post-Prison Supervision, 175 P.3d 408 (Or. 2007). “A juvenile so remanded and convicted of aggravated murder was subject to the same penalty as an adult; no provision exempted juveniles from the minimum term of incarceration required under ORS 163.105 (1983) or otherwise made juvenile aggravated murderers eligible for parole…”

Fleming v. Bd. of Parole & Post-Prison Supervision, 202 P.3d 209 (Or. Ct. App. 2009). “The judgment provided that, pursuant to ORS 163.105, petitioner was to serve a life sentence for aggravated murder, with a minimum sentence of “Thirty (30) Years, with no possibility of parole, release on work release or any form of temporary leave or employment at a forest or…”

State v. Wagner, 752 P.2d 1136 (Or. 1988).

Janowski v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 1270 (Or. 2010). “” 5 After Janowski and Fleming had been incarcerated for 20 years, they each sought a hearing under ORS 163.105 (1985), which, in addition to requiring the trial court in subsection (1) of the statute to impose a 30-year mandatory minimum sentence for persons sentenced to life…”

— Or. Rev. Stat. § 163.105(1)(a) — 11 cases

State v. Bartol, 496 P.3d 1013 (Or. 2021).

State v. Link, 482 P.3d 28 (Or. 2021). “4 ORS 163.105 (2001), amended by Or Laws 2007, ch 717, § 1; Or Laws 2009, ch 660, § 6; Or Laws 2015, ch 820, § 45; Or Laws 2019, ch 634, § 27.”

State v. Fanus, 79 P.3d 847 (Or. 2003).

State v. Ward, 437 P.3d 298 (Or. Ct. App. 2019).

Forbus v. Bd. of Parole, 482 P.3d 95 (Or. Ct. App. 2021).

— Or. Rev. Stat. § 163.105(1)(a)(b) — 1 case

State v. Cunningham, 880 P.2d 431 (Or. 1994).

— Or. Rev. Stat. § 163.105(1)(b) — 11 cases

State v. Douglas, 800 P.2d 288 (Or. 1990).

State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). “095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.105, are, correspondingly, the harshest: death, life imprisonment without the possibility of release or parole, or life imprisonment.”

State v. Metz, 887 P.2d 795 (Or. Ct. App. 1994).

State v. Larson, 933 P.2d 958 (Or. 1997).

— Or. Rev. Stat. § 163.105(1)(c) — 21 cases

State v. Link, 482 P.3d 28 (Or. 2021). “4 ORS 163.105 (2001), amended by Or Laws 2007, ch 717, § 1; Or Laws 2009, ch 660, § 6; Or Laws 2015, ch 820, § 45; Or Laws 2019, ch 634, § 27.”

State v. Douglas, 800 P.2d 288 (Or. 1990).

State Ex Rel. Engweiler v. Powers, 221 P.3d 818 (Or. Ct. App. 2009). “120 * * % ‡ ?}í % “(b) The board shall not release a prisoner on parole who has been convicted of murder defined as aggravated murder * * *, except as provided in ORS 163.105.” On its face, ORS 144.110(2)(b) (1989) operated as an exception to ORS 144.”

— Or. Rev. Stat. § 163.105(2) — 56 cases

State v. Link, 482 P.3d 28 (Or. 2021). “4 ORS 163.105 (2001), amended by Or Laws 2007, ch 717, § 1; Or Laws 2009, ch 660, § 6; Or Laws 2015, ch 820, § 45; Or Laws 2019, ch 634, § 27.”

Severy v. Bd. of Parole & Post-Prison Supervision, 245 P.3d 119 (Or. 2010). “In Janowski /Fleming, this court today addresses the issue of the board’s authority, under ORS 163.105 (1985), to override a 30-year mandatory minimum sentence and to set a prisoner’s eligibility for release on parole after 20 years if it finds that the prisoner is likely to be…”

— Or. Rev. Stat. § 163.105(2)(a) — 4 cases

Dixon v. Bd. of Parole & Post-Prison Supervision, 306 P.3d 716 (Or. Ct. App. 2013).

State v. Link, 482 P.3d 28 (Or. 2021). “4 ORS 163.105 (2001), amended by Or Laws 2007, ch 717, § 1; Or Laws 2009, ch 660, § 6; Or Laws 2015, ch 820, § 45; Or Laws 2019, ch 634, § 27.”

Wille v. Bd. of Parole & Post-Prision Supervision, 404 P.3d 1042 (Or. Ct. App. 2017).

— Or. Rev. Stat. § 163.105(3) — 45 cases

Roy v. Palmateer, 95 P.3d 1124 (Or. Ct. App. 2004). “[2] Plaintiff also argues that, if interpreted otherwise, ORS 163.105 (1983) violates the Reformation Clause of Article I, section 15, of the Oregon Constitution; the Due Process Clause of the Fourteenth Amendment to the United States Constitution; and the proscriptions against…”

Larsen v. Bd. of Parole, 138 P.3d 16 (Or. Ct. App. 2006). “105 (1977), which provided, in part: "(2) When a defendant is convicted of murder defined as aggravated murder * * *, the court shall order that the defendant shall be confined for a minimum of 20 years without possibility of parole * * *.”

State v. Link, 482 P.3d 28 (Or. 2021). “4 ORS 163.105 (2001), amended by Or Laws 2007, ch 717, § 1; Or Laws 2009, ch 660, § 6; Or Laws 2015, ch 820, § 45; Or Laws 2019, ch 634, § 27.”

— Or. Rev. Stat. § 163.105(3)(1983) — 1 case

Wilson v. Bd. of Parole & Post-prison Supervision, 193 P.3d 32 (Or. Ct. App. 2008).

— Or. Rev. Stat. § 163.105(3)(b) — 1 case

— Or. Rev. Stat. § 163.105(4) — 21 cases

Norris v. Bd. of Parole & Post-Prison Supervision, 13 P.3d 104 (Or. 2000). “On September 10, 1993, after having served 15 years, petitioner petitioned the Board for a “rehabilitation hearing” under ORS 163.105 (1977) (set out below). That statute provides, in part, that, for a person convicted of aggravated murder under ORS 163.”

Norris v. Bd. of Parole & Post-Prison Supervision, 952 P.2d 1037 (Or. Ct. App. 1998).

Corgain v. Bd. of Parole & Post-Prison Supervision, 162 P.3d 990 (Or. Ct. App. 2007).

Roy v. Palmateer, 124 P.3d 603 (Or. 2005).

— Or. Rev. Stat. § 163.105(5) — 4 cases

Dixon v. Bd. of Parole & Post-Prison Supervision, 306 P.3d 716 (Or. Ct. App. 2013).

Larsen v. Bd. of Parole & Post-Prison Supervision, 84 P.3d 176 (Or. Ct. App. 2004).

Corgain v. Bd. of Parole & Post-Prison Supervision, 162 P.3d 990 (Or. Ct. App. 2007).

— Or. Rev. Stat. § 163.105(a) — 1 case

Gable v. State, 305 P.3d 85 (Or. 2013).

— Or. Rev. Stat. § 163.105(b) — 1 case

State v. Hill, 921 P.2d 969 (Or. Ct. App. 1996).

— Or. Rev. Stat. § 163.105(l)(a) — 12 cases

State v. Link, 208 P.3d 936 (Or. 2009).

Premo v. Moore, 178 L. Ed. 2d 649 (2011).

State v. Barrett, 10 P.3d 901 (Or. 2000).

State v. Fanus, 79 P.3d 847 (Or. 2003).

State v. Dilts, 82 P.3d 593 (Or. 2003).

— Or. Rev. Stat. § 163.105(l)(b) — 20 cases

State v. Rogers, 4 P.3d 1261 (Or. 2000).

State v. Wille, 858 P.2d 128 (Or. 1993).

State v. McDonnell, 987 P.2d 486 (Or. 1999).

State v. Running, 87 P.3d 656 (Or. 2004).

State v. Serrano, 324 P.3d 1274 (Or. 2014).

— Or. Rev. Stat. § 163.105(l)(c) — 36 cases

State v. Walraven, 385 P.3d 1178 (Or. Ct. App. 2016).

State v. Rogers, 4 P.3d 1261 (Or. 2000).

State v. McDonnell, 987 P.2d 486 (Or. 1999).

State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).

State v. Jones, 844 P.2d 188 (Or. 1992).

— Or. Rev. Stat. § 163.105(l)(e) — 3 cases

State v. Serrano, 324 P.3d 1274 (Or. 2014).

Gable v. State, 305 P.3d 85 (Or. 2013).

State v. Langley, 16 P.3d 489 (Or. 2000).

— Or. Rev. Stat. § 163.105(lXa) — 1 case

State v. Fanus, 79 P.3d 847 (Or. 2003).

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