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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON CRIMINAL JUSTICE COMMISSION

 

DIVISION 11

POST-PRISON SUPERVISION

213-011-0001

Conditions Of Post-Prison Supervision

(1) The Department shall prepare a proposed release plan for each offender prior to the offender's release from prison.

(2) The proposed release plan shall be submitted to the Board not less than sixty (60) days prior to the offender's release and shall include:

(a) A description of support services and program opportunities available to the offender;

(b) The recommended conditions of supervision;

(c) The level of supervision which shall be consistent with the offender's risk assessment classification;

(d) Any conditions necessary to assist the reformation of the offender; and

(e) Any other conditions and requirements as may be necessary to promote public safety.

(3) If the proposed release plan is not approved by the Board, the Board shall return the plan to the Department with its recommended modifications. The Department shall submit a revised plan to the Board not less than ten days prior to the offender's release.

(4) If the revised plan is not acceptable to the Board, the Board shall determine the provisions of the final plan prior to the offender's release.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-011-0001

213-011-0002

Responsibility for Post-Prison Supervision

Upon release from prison, the offender shall be supervised by the Department or the corrections agency designated by the Department.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-011-0002

213-011-0003

Level of Post-Prison Supervision

(1) During the term of post-prison supervision, the Department or its designee may adjust the level of supervision and recommend to the Board revisions to the conditions of supervision appropriate to the offender's conduct in the community.

(2) Notwithstanding section (1) of this rule, a person shall be subject to intensive supervision for the full period of post-prison supervision if the person is identified by the sentencing court, the Board or a supervisory authority to be a sexually violent dangerous offender pursuant to ORS 137.765 or 144.635.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - 137.669, 137.765, 144.635
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-011-0003; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

213-011-0004

Post-Prison Supervision Sanctions

(1) The supervisory authority shall use a continuum of administrative sanctions for violation of the conditions of post-prison supervision. The sanction continuum shall include: adjustments to the level of supervision, modification of or addition to the conditions of community supervision as approved by the Board, and any other appropriate available local sanction.

(2) If the violation of post-prison supervision is new criminal activity or if the supervisory authority finds that the continuum of sanctions is insufficient punishment for any violation of the conditions of post-prison supervision, the supervisory authority may request the Board to impose the most restrictive local options available including incarceration in jail.

(3) If requested to impose the most restrictive local option available pursuant to subsection (2), the Board shall hold a hearing to determine whether incarceration in jail is appropriate and may impose an appropriate term of incarceration up to ninety (90) days for a technical violation and up to one hundred and eighty (180) days for conduct constituting a crime. Except as provided in OAR 213-005-0004(2) during the full term of post-prison supervision, for violations of the conditions of supervision, an offender may not be required to serve more than:

(a) Six months of incarceration if the term of post-prison supervision is one year;

(b) Nine months of incarceration if the term of post-prison supervision is two years; or

(c) Twelve months of incarceration if the term of post-prison supervision is three years or longer.

(4) An offender ordered to serve a term of incarceration in jail as a sanction for a post-prison supervision violation is not eligible for earned-credit time or transitional leave.

(5) An offender ordered to serve a term of incarceration in jail as a sanction for a post-prison supervision violation shall receive credit for time served in a state or local correctional facility on the supervisory violation prior to the Board's imposition of a term of incarceration in jail.

Stat. Auth.: ORS 137.667.
Stats. Implemented: ORS 137.667 - ORS 137.669
Hist.: SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f. & cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-011-0004; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97

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