Restriction on parole of persons sentenced to minimum terms.

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(2) Notwithstanding the provisions of ORS 144.120 and 144.780:

(a) The State Board of Parole and Post-Prison Supervision shall not release a prisoner on parole who has been sentenced under subsection (1) of this section until the minimum term has been served, except upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members.

(b) The board shall not release a prisoner on parole:

(A) Who has been convicted of murder defined as aggravated murder under the provisions of ORS 163.095, except as provided in ORS 163.105;

(B) Who has been convicted of murder in the first degree under the provisions of ORS 163.107, except as provided in ORS 163.107 (3) or 163.155 (6) to (8); or

(C) Who has been convicted of murder in the second degree under the provisions of ORS 163.115, except as provided in ORS 163.115 (5)(c) to (f) or 163.155 (6) to (8). [1977 c.372 §4; 1991 c.126 §5; 1999 c.782 §1; 2001 c.104 §47; 2007 c.717 §3; 2015 c.820 §43; 2019 c.635 §14]

Note: Section 28, chapter 790, Oregon Laws 1989, provides:

Sec. 28. The provisions of ORS 144.110, 144.120, 144.122, 144.125, 144.130, 144.135, 144.185, 144.223, 144.245 and 144.270 apply only to offenders convicted of a crime committed prior to November 1, 1989, and to offenders convicted of aggravated murder or murder regardless of the date of the crime. [1989 c.790 §28; 1999 c.782 §2]


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