Kragt v. Bd. of Parole & Post Prison Supervision

ORS 144.103 (1991) provides that any person sentenced for certain enumerated offenses "shall serve a term of post-prison supervision that shall continue until the term of post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation."

Petitioner sought review for his post-conviction relief. Petitioner argued that “term of imprisonment served” meant his total incarceration across all three counts (200 months). By that calculation, each post-prison supervision (PPS) term would be 40 months. He also contended that PPS should begin once the prison sentence for each count ended, even if he remained incarcerated on other counts. The Board rejected both arguments. The Oregon Court of Appeals affirmed, and the Oregon Supreme Court accepted review of whether “term of imprisonment served” means the time served for an individual count or the aggregate across all counts, and whether PPS begins after the individual count’s prison term ends or only upon release into the community. ORS 144.103 (1991) provides that any person sentenced for certain enumerated offenses "shall serve a term of post-prison supervision that shall continue until the term of post-prison supervision, when added to the term of imprisonment served, equals the maximum statutory indeterminate sentence for the violation." The Court reasoned that “term of imprisonment served” refers to time served on the particular count of conviction, not the total incarceration. It also found that PPS begins only when an offender is released from prison into the community, not while still incarcerated for other counts. The Court upheld the Board’s PPS calculation method and commencement rules. AFFIRMED.