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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 206

ACTIVE AND INACTIVE PROBATION

291-206-0005

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, and 423.530.

(2) Purpose: The purpose of these rules is to describe the manner in which an offender sentenced to probation under the rules of the Oregon Criminal Justice Commission may be placed on inactive supervision or returned to active supervision in accordance with the provisions of Or Laws 2009 Ch 660.

(3) Policy:

(a) It is the policy of the Department of Corrections that eligible offenders sentenced to probation may be considered by the supervisory authority for a reduction in the period of active probation for compliance with conditions of probation and their supervision plan pursuant to Or Laws 2009 Ch 660, as provided in these rules.

(b) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules.

(c) These rules apply to offenders convicted of a crime committed before July 1, 2011, and who are on probation on or after February 24, 2010.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Hist.: DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

291-206-0010

Definitions

(1) Active Probation Supervision: Supervision requiring the supervising officer's regular contact and monitoring to assure continued compliance with the general and special conditions of probation supervision.

(2) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). The court may award compensatory fines in addition to restitution.

(3) Compliance with the Conditions of Probation and Supervision Plan: For purposes of these rules an eligible offender shall be deemed by the supervisory authority to be in compliance with the conditions of probation and any applicable supervision plan if:

(a) All special conditions imposed by the sentencing court for the offender on the term of probation under consideration for inactive supervision have been satisfactorily completed, including the full payment of any restitution or compensatory fine ordered;

(b) There have been no technical violations of probation conditions reported to the sentencing court for the immediate six months prior to the consideration for inactive status;

(c) There have been no new crime violations of probation conditions reported to the sentencing court during the term of probation under consideration for inactive supervision; and

(d) All terms of any applicable supervision plan have been satisfied.

(4) Inactive Probation Supervision: A reduced level of supervision that does not include any direct supervision by a supervising officer or regular reporting; however, the offender remains subject to arrest by a supervising officer for violations of condition of supervision and return to active supervision at any time until expiration of the term of probation. All general and special conditions of supervision remain in effect with the following exceptions:

(a) General Condition #1 -- Pay supervision fees (fines, restitution or other fees previously ordered by the court remain in effect); and

(b) Special conditions specifically deleted by the court.

(5) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control or probation status.

(6) Supervising Officer: The parole and probation officer assigned to supervise the offender.

(7) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1).

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Hist.: DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

291-206-0015

Period of Active Probation Supervision

(1) Except as provided in subsections (2), (3), and (4) of this rule, all persons convicted of a felony committed on or after November 1, 1989 and sentenced to probation under the rules of the Oregon Criminal Justice Commission shall serve a minimum period of active probation supervision as follows:

(a) Nine months of active probation supervision for crimes in crime categories 1 and 2;

(b) Twelve months of active probation supervision for crimes in crime categories 3, 4, and 5;

(c) Eighteen months of active probation supervision for crimes in crime categories 6, 7, and 8; or

(d) Thirty months of active probation supervision for crimes in crime categories 9, 10, and 11.

(2) All persons convicted of a felony and who are subject to a departure sentence as authorized by OAR 213-005-0008(2) shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court.

(3) All persons convicted of a felony and sentenced to probation pursuant to ORS 137.012 shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court.

(4) All persons convicted of a felony committed before November 1, 1989 and sentenced to probation shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court.

(5) When an eligible offender has served the minimum period of active probation supervision established under subsections (1), (2), (3), and (4) of this rule, the supervisory authority may place the offender on inactive supervision status in the manner provided in these rules.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Hist.: DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

291-206-0020

Inactive Supervision

(1) Upon completion of the minimum period of active supervision as authorized in OAR 291-206-0015, the supervising officer or designee shall review the offender’s file and determine if the offender is in compliance with the offender’s probation conditions and any applicable supervision plan as defined in these rules.

(a) If the supervising officer or designee determines that the offender is in compliance, the supervising officer shall recommend to the supervisory authority that it place the offender on inactive probation supervision, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws. Upon receiving a request from the supervising officer, the supervising authority shall place the offender on inactive probation supervision if the supervisory authority determines that the offender is in compliance with probation conditions and any applicable supervision plan as defined in these rules.

(b) If the supervising officer or designee determines that the offender is not in compliance with the conditions of probation and any applicable supervision plan, the supervisory authority shall extend the period of active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws.

(2) Notwithstanding subsection (1)(b) of this rule, the supervising authority may later place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community.

(3) Offenders on or Requesting Compact Supervision in Another State:

(a) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules.

(b) An offender requesting to leave the State of Oregon to reside in another state while on inactive supervision must receive approval for transfer of the offender’s supervision through the Interstate Compact process before being allowed to do so.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Hist.: DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

291-206-0025

Return to Active Supervision

(1) An offender remains subject to arrest for violations of conditions of supervision while on inactive probation supervision.

(2) Once an offender has been placed on inactive probation supervision, the supervisory authority may return an offender to active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, when the supervisory authority receives a report from a parole and probation officer showing good cause why inactive probation supervision is no longer in the offender's best interest or in the best interest of the community.

(3) If the supervisory authority has good cause to return an offender to active probation supervision, and the whereabouts of the offender is unknown, the supervising officer may request that the supervisory authority or the court issue a warrant for the offender’s arrest.

(4) After reviewing the report submitted under subsection (2) of this rule, the supervisory authority may return the offender to active probation supervision not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if the supervisory authority finds that returning the offender to active probation supervision is in the best interest of the offender and the community.

(5) When an offender is returned to active probation supervision, all general conditions and all previously imposed special conditions shall be in effect.

(6) Once returned to active probation supervision after a period of inactive probation supervision, the supervisory authority may again place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Hist.: DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

291-206-0030

Sentence Expiration

(1) During the pendency of any violation proceedings, the running of the supervision period and the sentence is stayed, and the court has jurisdiction over the offender until the proceedings are resolved.

(2) These rules shall not preclude more than one renewal of active probation supervision; however, a renewal of active probation supervision may not exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OR Laws Ch. 660
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OR Laws Ch. 660
Hist.: DOC 3-2010, f. & cert. ef. 2-24-10

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