Current through Register Vol. 63, No. 3, March 1, 2024
(1) The minimum periods of active parole and post-prison
supervision shall be:
(a) Six (6) months for offenders whose crimes were committed on
or after November 1, 1989, and whose crimes fall within sentencing guidelines
crime categories 1, 2 and 3;
(b) Twelve (12) months for offenders whose crimes were
committed on or after November 1, 1989, and whose crimes fall within sentencing
guidelines crime categories 4, 5, 6, 7, 8, 9 and 10;
(c) For offenders whose crimes were committed after December 4,
1986, but prior to November 1, 1989, the period of active supervision shall be
set by determining the equivalent sentencing guidelines crime category and
applying sub-section (a) and (b) above, subject to the exceptions in section
(2) below;
(d) For offenders whose crimes were committed prior to December
4, 1986, the Releasing Authority shall apply the rules in effect at the time
the crime was committed.
(2) The following minimum periods of active parole and
post-prison supervision are exceptions to section (1) of this rule:
(a) Three (3) years for offenders sentenced as dangerous
offenders under ORS 161.725 to 161.737;
(b) Three (3) years for offenders sentenced for murder under
ORS 163.115;
(c) Three (3) years for offenders sentenced for aggravated
murder under ORS 163.105;
(d) Offenders sentenced for Rape I, Sodomy I, Sexual
Penetration I, Sexual Penetration 2, Sex Abuse 2, and Attempts of these which
occurred on or after September 29, 1991, shall serve active supervision to the
expiration of the indeterminate sentence;
(e) Offenders sentenced for Sex Abuse I or Attempted Sex Abuse
I for crimes occurring on or after November 4, 1993, shall serve active
supervision to the expiration of the indeterminate sentence;
(f) Offenders sentenced for Sodomy II or Rape II for crimes
occurring on or after October 23, 1999, shall serve active supervision to the
expiration of the indeterminate sentence.
(g) Offenders sentenced for Sex Abuse I or Attempted Sex Abuse
I, for crimes which occurred on or after November 1, 1989, and prior to
November 4, 1993, will serve active supervision in accordance with the period
of post-prison supervision set by the sentencing court and the sentencing
guidelines grid;
(h) Offenders sentenced for Rape I, Sodomy I, Sexual
Penetration I, Sexual Penetration 2, or Sexual Abuse I, which occurred on or
after December 4, 1986, and prior to November 1, 1989, shall serve a minimum of
36 months active supervision or to expiration of the sentence which ever comes
first;
(i) Offenders sentenced for Robbery in the First Degree under
ORS 164.415 which occurred on or after June 30, 1995, shall serve a minimum
period of 36 months active supervision; and
(j) Offenders sentenced for Arson in the First Degree under ORS
164.325 which occurred on or after June 30, 1995, shall serve minimum period of
36 months active supervision; and
(k) Offenders sentenced as sexually violent dangerous offenders
pursuant to Chapter 163 (1999 OR Laws) for crimes committed on or after October
23, 1999, shall serve active supervision for life.
(3) Upon completion of the specified period of active parole or
post-prison supervision, the supervisory authority shall place the offender on
inactive supervision status subject to the exceptions in OAR 255-094-0010, and
notify the Releasing Authority of the status change.
(4) Upon revocation of supervision and rerelease to the
community, the period of active supervision shall be as provided in OAR
255-094-0006 provided that the period of active supervision does not exceed the
sentence expiration date.
(5) After a rereleased offender has completed the minimum
active supervision period as provided in OAR 255-094-0006 and has substantially
fulfilled the conditions of supervision, the supervising officer may place the
offender on inactive supervision.
(6) Inmate/offenders found to be sexually violent dangerous
offenders pursuant to OAR 255-060-0008(6) shall be subject to intensive
supervision for the full period of parole or post-prison supervision as defined
in OAR 255-005.
Statutory/Other Authority: ORS 144.085, 1995 SB 1145, 1999 OL
163 & 924
Statutes/Other Implemented: ORS 144.085, 1995 SB 1145, 1999
OL 163 & 924
