ORS 144.122: Advancing initial release date; requirements; exceptions; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) After the initial parole release date has been set under ORS 144.120 and after a minimum period of time established by the State Board of Parole and Post-Prison Supervision under subsection (2)(a) of this section, the prisoner may request that the parole release date be reset to an earlier date. The board may grant the request upon a determination by the board that continued incarceration is cruel and inhumane and that resetting the release date to an earlier date is not incompatible with the best interests of the prisoner and society and that the prisoner: (a) Has demonstrated an extended course of conduct indicating outstanding reformation; (b) Suffers from a severe medical condition including terminal illness; or (c) Is elderly and is permanently incapacitated in such a manner that the prisoner is unable to move from place to place without the assistance of another person. (2) The Advisory Commission on Prison Terms and Parole Standards may propose to the board and the board shall adopt rules: (a) Establishing minimum periods of time to be served by prisoners before application may be made for a reset of release date under subsection (1) of this section; (b) Detailing the criteria set forth under subsection (1) of this section for the resetting of a parole release date; and (c) Establishing criteria for parole release plans for prisoners released under this section that, at a minimum, must ensure appropriate supervision and services for the person released. (3) The provisions of subsection (1)(b) of this section apply to prisoners sentenced in accordance with ORS 161.610. (4) The provisions of this section do not apply to prisoners sentenced to life imprisonment without the possibility of release or parole under ORS 138.052 or 163.150. (5) If the victim has requested notification of the release of the prisoner, the board shall notify the victim as described in ORS 144.750 (3) prior to any hearing or administrative decision under this section. [1983 c.489 §2; 1991 c.133 §1; 1993 c.198 §1; 1999 c.1055 §13; 2001 c.104 §49; 2015 c.230 §1]
Official history and status
History: Note: See note under 144.110.
Administrative rules citing this section
- OAR 255-040-0005: Scheduling of Personal Reviews — implements
- OAR 255-040-0005: Scheduling of Personal Reviews — authority
- OAR 255-040-0023: Less than 36 Month Prison Term Reductions — authority
- OAR 255-040-0025: Resetting the Parole Release Date to an Earlier Date — implements
- OAR 255-040-0025: Resetting the Parole Release Date to an Earlier Date — authority
- OAR 255-040-0026: Effect of Minimum Terms on Reductions — authority
- OAR 255-040-0027: Special Request Reductions — implements
- OAR 255-040-0027: Special Request Reductions — authority
This rule cites
- ORS 144.120 — resolved
- ORS 161.610 — resolved
- ORS 138.052 — resolved
- 163.150 — resolved
- ORS 144.750 — resolved
Cited by
- ORS 144.110: Restriction on parole of persons sentenced to minimum terms.
- ORS 144.750: Victim’s rights.
- ORS 161.610: Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty.
- OAR 255-035-0023: Effect of Minimum Sentences on Prison Terms; Consecutive Minimum Sentences
- OAR 255-040-0028: Advancing Release Dates for Adults in Custody (AIC) with Severe Medical Condition or Permanent Incapacity
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors144.html