Oregon Bulletin
Rule
Caption: Reimbursement to Counties for
Costs of Incarcerating Persons Sentenced for Driving Under the Influence of
Intoxicants.
Adm.
Order No.: DOC 17-2011(Temp)
Filed with Sec. of
State: 9-9-2011
Certified to be Effective: 9-9-11 thru 3-7-12
Notice Publication
Date:
Rules Adopted: 291-208-0010, 291-208-0020, 291-208-0030, 291-208-0040,
291-208-0050
Subject: These temporary 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 395.
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
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 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
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.
(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)(a) 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.
(b) 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
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
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
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, 2010.
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