Loading
 

 

Oregon Bulletin

March 1, 2012

Department of Corrections, Chapter 291

Rule Caption: Community Corrections Programs (Financial Reports).

Adm. Order No.: DOC 2-2012

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12

Notice Publication Date: 9-1-2011

Rules Amended: 291-031-0025

Subject: This modification is a housekeeping item and necessary to update the rule since counties provide financial reports electronically rather than hard copy.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-031-0025

Supervision Fees and Financial Records

(1) Supervision fees collected pursuant to ORS 423.570 must be used for community corrections purposes as outlined in the approved local community corrections plan.

(2) Department of Corrections Funds:

(a) The department shall prepare and distribute to the counties written instructions regarding budget, allotment, and fiscal reporting requirements. Each county shall adhere to the department’s budget, allocation, and fiscal reporting requirements.

(b) Reallocation of funds in a county approved plan and budget, within or between budget categories, requires a budget update and the prior notification of the Director or designee.

(c) Proposed fund transfers shall be submitted and processed on forms required by the Department of Corrections.

(d) Each county shall make available to the Department of Corrections the county’s annual financial statement and that portion of the county’s annual audit that addresses the community corrections program.

(e) Within 120 days following the end of the state’s biennial budget period, each county shall submit a closing financial report for the biennium. Any state general funds not expended within the biennial period will be identified. A budget update will be submitted to the Department of Corrections showing how those funds will be expended for community corrections purposed in the next biennium.

(f) If a county ceases to participate, the department may recover title to any transferred property that remains in use at such time. The department shall assume title to any equipment, furnishings, vehicles or property purchased with state funds for the purpose of providing parole and probation services in the county.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.500 - 423.560
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0670, CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 12-1990, f. & cert. ef. 6-28-90; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01; DOC 1-2002, f. & cert. ef. 1-10-02; DOC 2-2012, f. & cert. ef. 1-27-12


 

Rule Caption: Reimbursement to Counties for Costs of Incarcerating Persons Sentenced for DUII.

Adm. Order No.: DOC 3-2012

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12

Notice Publication Date: 11-1-2011

Rules Adopted: 291-208-0010, 291-208-0020, 291-208-0030, 291-208-0040, 291-208-0050

Subject: These rules are necessary to establish the manner in which a county may submit a claim to the Department of Corrections for reimbursement for incarceration costs of persons who committed the crime of Felony Driving Under the Influence of Intoxicants. These rules implement 2011 legislation, SB 598.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-208-0010

Authority, Purpose, Policy, and Applicability

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with 2011 Or Laws, ch 598, ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to prescribe the manner in which a county may submit a claim to the Department of Corrections for reimbursement for the costs of incarcerating persons sentenced under section 3, chapter 1, Oregon Laws 2011, as authorized in 2011 Or Laws, ch 598, including the costs of pretrial incarceration.

(3) Policy:

(a) It is the policy of the Department of Corrections to reimburse counties for the costs of incarcerating persons sentenced under section 3, chapter 1, Oregon Laws 2011, as authorized in 2011 Or Laws, ch 598 including the costs of pretrial incarceration, in accordance with these rules from moneys appropriated to the Department of Corrections for this purpose.

(b) Applicability: Reimbursement to counties for the costs of incarcerating offenders under these rules is limited to incarceration costs for offenders who committed the crime of Felony Driving Under the Influence of Intoxicants on or after December 2, 2010.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Hist.: DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12

291-208-0020

Definitions

(1) Incarceration: For the purposes of these rules, incarceration means confinement in a local correctional facility. This does not include confinement in an alternative form of incarceration, including but not limited to work release, work crew, home detention, or day reporting.

(2) Local Correctional Facility: For the purposes of these rules, a local correctional facility means a local or regional jail for the reception and confinement of prisoners that is provided, maintained, and operated by a county or city and holds persons for more than 36 hours.

(3) Qualifying sentence: For purposes of these rules a qualifying sentence means any sentence imposed for a conviction for Felony Driving Under the Influence of Intoxicants committed on or after December 2, 2010.

(4) Offender: For purposes of this rule, an offender means a person who is sentenced to serve a qualifying sentence.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Hist.: DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12

291-208-0030

Reimbursement Process

(1) A county or group of counties requesting reimbursement from the Department of Corrections under these rules must submit an invoice to the Director of the Department of Corrections or designee on a quarterly basis. The invoice shall be on a form developed by the Department of Corrections and made available to counties by the department for this purpose on the department’s website. In order to receive reimbursement invoices must be received by the Director or designee not later than 45 days after the end of the billing period for which the county or group of counties is requesting reimbursement, unless the Director or designee has granted an extension of time for submission/receipt of the invoice.

(2) In order for a county to receive reimbursement for the costs of incarcerating an offender under these rules, the offender must have:

(a) Completed their qualifying sentence during the quarter for which the invoice is submitted; or,

(b) Been transferred to a state correctional facility to serve the balance of their qualifying sentence during the quarter for which the invoice is submitted; or,

(c) Been transferred to another county’s local correctional facility to continue or complete the term of incarceration; or

(d) Been released from incarceration due to a federal court order.

(3) Incarceration for probation or post-prison supervision sanctions or revocations is not subject to reimbursement under this rule.

(4) Reimbursement will be made for each day or portion of each day served in a local correctional facility for a qualifying sentence.

(5) If an offender serves a qualifying sentence in multiple counties, each county may submit an invoice for reimbursement for the numbers of days actually incarcerated in a local correctional facility in their county.

(6) Invoices may be submitted by a county or a group of counties.

(7) The invoice and supporting documents will include at a minimum the following information and documentation:

(a) Offender’s name;

(b) Offender’s State Identification Number (SID), if assigned;

(c) A certified copy of the Statement of Imprisonment, which certifies the dates the offender was actually incarcerated in a local correctional facility, including pre-trial incarceration, for the qualifying sentence;

(d) A copy of the court’s judgment order imposing the qualifying sentence; and

(e) The sentence completion date.

(8) Upon receipt of an invoice and the supporting documents described in subsection (7) of this section, the Director or designee will review and approve the invoice and determine the correct amount of reimbursement. Once the invoice is approved and the correct amount of the reimbursement is determined, the Director or designee will forward the invoice to the department’s Accounting unit for payment.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Hist.: DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12

291-208-0040

Rate of Reimbursement

(1) Reimbursement to counties from the Department of Corrections for the costs of incarcerating an offender under these rules will be calculated using the rate at which the department provides funds to counties under ORS 423.530 for persons sentenced to 12 months or less of incarceration.

(2) The rate of reimbursement shall be established by the Department of Corrections each biennium.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Hist.: DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12

291-208-0050

Limits of Reimbursement

(1) In no case shall reimbursement to a county for the costs of incarcerating an offender exceed the number of days of incarceration ordered by the court.

(2) The total amount of funds paid by the Department of Corrections as reimbursement to counties for incarceration costs under these rules in a biennium will not exceed the amount of funds appropriated to the Department of Corrections for this purpose.

(3) Reimbursements made to counties under these rules are subject to audit by the Department of Corrections.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598
Hist.: DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​