Oregon Pardon and Parole Laws
In Oregon, a State Board of Parole and Post-Prison Supervision of at least three but no more than five members hereby is created pursuant to the statutes. At least one member must be a woman. Members of the board must be appointed by the Governor and serve for a term of four years. If the number of members falls below three for any cause, the Governor must make an appointment, to be immediately effective for the unexpired term. The Governor at any time may remove any member for inefficiency, neglect of duty, or malfeasance in office. Each member must devote the member’s entire time to the performance of the duties imposed on the board and must not engage in any partisan political activity. The members must receive a salary set by the Governor. In addition, all members may receive actual and necessary travel and other expenses incurred in the performance of their official duties within limits as provided by law or under ORS 292.220 and 292.230[i].
Power of Board to Grant Parole
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 subject to being arrested and detained under written order of the board or as provided in ORS 144.350. The state board may establish rules applicable to parole. ORS § 144.050.
Effect of Release Order
Pursuant to Oregon law, when the State Board of Parole and Post-Prison Supervision has set a date on which a prisoner is to be released upon parole, the prisoner must be released on that date unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner must not be released until the expiration of the minimum term. When the board has not set a date on which a prisoner is to be released upon parole, the prisoner must be released upon a date six months prior to the expiration of the prisoner’s term as computed under ORS 421.120 and 421.122 unless the prisoner on that date remains subject to an unexpired minimum term during which the prisoner is not eligible for parole, in which case the prisoner must not be released until the expiration of the minimum term[ii].
Conditions of Parole
The State Board of Parole and Post-Prison Supervision, in releasing a person on parole, must specify in writing the conditions of the parole and a copy of such conditions must be given to the person paroled. The board must determine, and may at any time modify, the conditions of parole, which may include, among other conditions, that the parolee must:
(a) Accept the parole granted subject to all terms and conditions specified by the board.
(b) Be under the supervision of the Department of Corrections and its representatives and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board or the parole officer.
(d) Report to the parole officer as directed by the board or parole officer.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal laws.
(g) Understand that the board may, in its discretion, suspend or revoke parole if it determines that the parole is not in the best interest of the parolee, or in the best interest of society.
Furthermore, the board may establish such special conditions as it determines are necessary because of the individual circumstances of the parolee. If the person is on parole following conviction of a sex crime, as defined in ORS 181.594, the board must include all of the following as special conditions of the person’s parole:
(A) Agreement to comply with any curfew set by the board or the supervising officer.
(B) A prohibition against contacting a person under 18 years of age without the prior written approval of the board or supervising officer.
(C) A prohibition against being present more than one time, without the prior written approval of the board or supervising officer, at a place where persons under 18 years of age regularly congregate.
(D) In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.
(E) A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a sex offender treatment program approved by the board or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.
(G) A prohibition against any contact with the victim, directly or indirectly, unless approved by the victim, the person’s treatment provider and the board or supervising officer.
(H) Unless otherwise indicated for the treatment, a prohibition against viewing, listening to, owning or possessing any sexually stimulating visual or auditory materials that are relevant to the person’s deviant behavior.
(I) Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board if the representative has reasonable grounds to believe that evidence of a violation of a condition of parole will be found.
(J) Participation in random polygraph examinations to obtain information for risk management and treatment. The person is responsible for paying the expenses of the examinations. The results of a polygraph examination under this subparagraph may not be used in evidence in a hearing to prove a violation of parole.
(K) Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board or supervising officer.
(L) A prohibition against using a post-office box unless approved by the board or supervising officer.
(M) A prohibition against residing in any dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or a designee of the board. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph must review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety. As used in this subparagraph:
The statutes further provide that if the person is on parole following conviction of a sex crime, as defined in ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the board, if requested by the victim, must include as a special condition of the person’s parole that the person not reside within three miles of the victim unless:
(i) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (5) of this section;
(ii) The person demonstrates to the board by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;
(iii) The person demonstrates to the board by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the parole; or
(iv) The person resides in a halfway house. As used in this sub-subparagraph, “halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.
Moreover, a victim may request imposition of the special condition of parole described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim’s request may be included in the judgment document. If the board imposes the special condition of parole described in this paragraph and if at any time during the period of parole the victim moves to within three miles of the parolee’s residence, the board may not require the parolee to change the parolee’s residence in order to comply with the special condition of parole.
Pursuant to the statutes, it is not a cause for revocation of parole that the parolee failed to apply for or accept employment at any workplace where there is a labor dispute in progress. When the board grants an inmate parole from the custody of the Department of Corrections, the board must order, as a condition of parole, that the inmate reside for the first six months in the county where the inmate resided at the time of the offense that resulted in the imprisonment. Upon motion of the board, an inmate, a victim or a district attorney, the board may waive the residency requirement only after making a finding that one of the following conditions has been met:
(A) The inmate provides proof of a job with no set ending date in a county other than the established county of residence;
(B) The inmate is found to pose a significant danger to the victim of the offender’s crime, or the victim or victim’s family is found to pose a significant danger to the inmate residing in the county of residence;
(C) The inmate has a spouse or biological or adoptive family residing in other than the county of residence who will be materially significant in aiding in the rehabilitation of the offender and in the success of the parole;
(D) As another condition of parole, the inmate is required to participate in a treatment program that is not available or located in the county of residence;
(E) The inmate desires to be paroled to another state; or
(F) The board finds other good cause, of a nature similar to the other conditions listed in this paragraph, for the waiver. When the board grants an inmate parole from the custody of the Department of Corrections and if the inmate is required to report as a sex offender under ORS 181.595, the board, as a condition of parole, must order the inmate to report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence;
(c) Once each year within 10 days of the inmate’s date of birth;
(d) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
(e) Within 10 days of a change in work, vocation or attendance status at an institution of higher education[iii].
Revocation of Parole
The Oregon statutes further provide that whenever the State Board of Parole and Post-Prison Supervision considers an alleged parole violator and finds such person has violated one or more conditions of parole and evidence offered in mitigation does not excuse or justify the violation, the board may revoke parole. When a person released on parole or post-prison supervision is convicted of a crime and sentenced to a term of imprisonment at any institution of the Department of Corrections or its counterpart under the laws of the United States or any other state, such conviction and sentence must automatically terminate the person’s parole or post-prison supervision as of the date of the sentence order[iv].
[i] ORS § 144.005.
[ii] ORS § 144.245.
[iii] ORS § 144.270.
[iv] ORS § 144.345.