Oregon Statutes 144.101 – Boards jurisdiction over conditions of post-prison supervision; reentry court jurisdiction
(1) The State Board of Parole and Post-Prison Supervision has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person convicted of a felony if:
Terms Used In Oregon Statutes 144.101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
(a) The term of imprisonment imposed on the person is more than 12 months;
(b) The felony is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;
(c) The person is subject to a sentence under ORS § 137.700 or 137.707;
(d) The person is sentenced as a dangerous offender under ORS § 161.725 and 161.737;
(e) The person is subject to a term of post-prison supervision under ORS § 144.103;
(f) The person is committed to the custody of the Department of Corrections under ORS § 137.124;
(g) The responsibility for correctional services for the person has reverted to the department under ORS § 423.483; or
(h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.
(2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.
(3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.
(4) If a circuit court in a participating county, as defined in section 29, chapter 649, Oregon Laws 2013, enters an order admitting a person into a reentry court under section 29 (3), chapter 649, Oregon Laws 2013, the reentry court has concurrent jurisdiction over the imposition of sanctions for violations of the conditions of post-prison supervision.
(5) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions. [1997 c.525 § 3; 1999 c.59 § 28; 2006 c.1 § 5; 2013 c.649 § 28]
The amendments to 144.101 by section 34, chapter 649, Oregon Laws 2013, become operative July 1, 2033. See section 38, chapter 649, Oregon Laws 2013, as amended by section 25, chapter 78, Oregon Laws 2022, and section 6, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, is set forth for the user’s convenience.
(1) The State Board of Parole and Post-Prison Supervision has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person convicted of a felony if:
(a) The term of imprisonment imposed on the person is more than 12 months;
(b) The felony is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;
(c) The person is subject to a sentence under ORS § 137.700 or 137.707;
(d) The person is sentenced as a dangerous offender under ORS § 161.725 and 161.737;
(e) The person is subject to a term of post-prison supervision under ORS § 144.103;
(f) The person is committed to the custody of the Department of Corrections under ORS § 137.124;
(g) The responsibility for correctional services for the person has reverted to the department under ORS § 423.483; or
(h) No local supervisory authority is responsible for correctional services for the person under the laws of this state.
(2) Except as provided in subsection (1) of this section, a local supervisory authority has jurisdiction over the imposition of conditions of post-prison supervision and sanctions for violations of those conditions for a person sentenced to a term of imprisonment of 12 months or less.
(3) If a local supervisory authority imposes conditions of post-prison supervision or sanctions for violations of those conditions, the person may request the board to review the conditions or sanctions. The board shall review the request and may, at its discretion, review the conditions and sanctions, under rules adopted by the board.
(4) Nothing in this section affects the jurisdiction of the board over the imposition of conditions of parole and sanctions for violations of those conditions.