justicedao/ipfs_state_laws huggingface dataset:
291-028-0105 Definitions (1) Adult on Supervision: A person who is on probation, parole, post-prison supervision, any other form of temporary or transitional leave from custody, or any form of conditional release. (2) Consent: Obtaining permission from a person to allow a search of areas over which they have authority. The person may give consent verbally or by conduct that clearly indicates consent. (3) Contraband: Any item or material which is prohibited by law or by a condition of supervision. (4) Evidence: Items seized or recovered during an investigation that may be used in the prosecution of a case or of a violation of supervision. (5) Found Property: Items that have no apparent evidentiary value and where the owner cannot be readily identified or contacted. (6) Officer: A parole and probation officer as defined in ORS 181A.355 who is employed by the Department of Corrections. (7) Reasonable Grounds: Exists when facts and circumstances within the officer’s knowledge are sufficient to justify a belief that a violation has occurred. (8) Search: A comprehensive inspection of a person, premises, property, or vehicle. (9) Seizure: To take control and custody of an item or material. Statutory/Other Authority: 144.404 to 144.409, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 144.404 to 144.409, 179.040, 423.020, 423.030 & 423.075 History: DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024 DOC 15-2017, amend filed 11/01/2017, effective 11/01/2017 DOC 7-2006, f. & cert. ef. 7-24-06
291-028-0110 General Guidelines (1) Searches in accordance with these rules may be conducted in the reasonable pursuit of correctional objectives or for the purposes of officer safety, protection of the public, or reformation of the adult on supervision. (2) An adult on supervision shall be given notice at the time of review of the conditions of supervision that failure to give consent to a search based upon reasonable grounds may result in arrest or revocation. (3) Consent to search must be given at the time of the search by the person to be searched or the person who has authority over the premises, property, or vehicle to be searched. No person may consent to search property under the exclusive control of another person. (4) A person who consented to a search has the right to limit the areas to be searched or to withdraw their consent to search at any time during the search. If that occurs, the scope of the search shall be immediately limited or discontinued. If the adult on supervision substantially limits or withdraws consent, they may be arrested for violation of the search condition if reasonable grounds exist. (5) A search may be conducted by a parole and probation officer or by a representative of the officer who is assisting at the officer’s request. (6) An officer shall direct the adult on supervision to remain in an area of limited access while the search is in progress in order to preserve evidence and for the protection of search personnel. (7) Property defined as contraband or otherwise subject to seizure under ORS 133.535, things possessed in violation of supervision conditions, and unclaimed goods or property taken for safekeeping may be seized during the search. Adults on supervision shall be provided with a receipt detailing any property seized pursuant to this rule. (8) Photographic documentation of a violation may be used as evidence. (9) Contraband, things subject to seizure under ORS 133.535, and things possessed in violation of supervision conditions that are observed in plain view during the course of a contact or prior to requesting permission to search may be seized. Statutory/Other Authority: 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075 History: DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024 DOC 15-2017, amend filed 11/01/2017, effective 11/01/2017 DOC 7-2006, f. & cert. ef. 7-24-06
291-028-0115 Handling of Seized or Found Property (1) The handling, seizure, and disposition of property shall be done in accordance with ORS 144.404 to 144.409. (2) At the time of an arrest and subsequent incarceration in the county jail or other holding facility, an adult on supervision may request property that does not have any evidentiary value to be released to a person of their choosing or to be held by the department according to local procedure, if the department has the capacity to do so. (3) Found property will be inventoried, documented, and follow chain of custody per local procedures. Statutory/Other Authority: 179.040, 423.020, 423.030, 423.075 & ORS 144.404 Statutes/Other Implemented: ORS 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075 History: DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024 DOC 7-2006, f. & cert. ef. 7-24-06
291-031-0005 Authority, Purpose, and Policy (1) Authority: The authority for these Division 31 rules 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 Division 31 rules is to: (a) Support county community corrections programs that provide appropriate sentencing alternatives and improve local services for persons charged with criminal offenses with the goal of reducing the occurrences of repeat criminal offenses through state and local government cooperative and collaborative efforts; (b) Promote local management of community corrections; and (c) Promote the use of effective correctional assessments, interventions, and case management practices that protect public safety, rehabilitate the adult on supervision, improve the seamless transition from custody to community, and reduce recidivism. (3) Policy: In accordance with the Community Corrections Act (ORS 423.475 et seq. ), it is the policy of the Department of Corrections to support county corrections programs. The Act establishes a legal frame of reference for the state and local government cooperative, and collaborative efforts in areas that include, but are not limited to, providing supervision, intermediate sanctioning programs and treatment, and rehabilitation programs for supervised adults on supervision. The Department of Corrections is directed to make grants to county to support local corrections programs authorized under this Act. The county is required to develop a local comprehensive community corrections plan revealing which corrections services are planned to address supervision, sanction, and service needs in the community. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 432.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.505, 423.525 & 423.530 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 1-2002, f. & cert. ef. 1-10-02 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01 DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98 CD 7-1995, f. 4-24-95, cert. ef. 5-1-95 CD 17-1992, f. 8-12-92, cert. ef. 8-20-92 CD 3-1987, f. & cert. ef. 1-5-87 CD 46-1986(Temp), f. 10-21-86, cert. ef. 11-30-86 CD 42-1985, f. & cert. ef. 8-16-85 CD 23-1982, f. & cert. ef. 7-28-82 CD 4-1982(Temp), f. & cert. ef. 1-29-82 CD 27-1980, f. & cert. ef. 7-28-80, Renumbered from 291-010-0650 CD 1-1980(Temp), f. & cert. ef. 2-1-80, Renumbered from 291-010-0650 CD 7-1978, f. 2-24-78, cert. ef. 2-27-78 CD 48(Temp), f. 12-28-77, cert. ef. 12-29-77
291-031-0015 Community Corrections Plan Development (1) Each county governing body must appoint a local public safety coordinating council in accordance with ORS 423.560. This council will be responsible for developing and recommending to the county board of commissioners a community corrections plan for use of state resources to service the local adult on supervision population. (2) The Department of Corrections will provide, within available resources, consultation, and technical assistance to aid counties in the development and implementation of a community corrections plan. (3) Standards for community corrections plan submission and evaluation: Community corrections plans shall be submitted to the Director of the Department of Corrections or designee. Each community corrections plan shall be submitted in a format and order as established by the Department of Corrections. (a) Administrative: The community corrections plan must: (A) Specify the membership and chair of the local public safety coordinating council and how the membership meets the statutory requirements for committee membership. (B) Identify a community corrections manager who is responsible for the administration of the community corrections program; and (C) Contain an organizational chart illustrating areas of authority, responsibility, and accountability. The organizational charts will indicate the staffing level and structure in each program. (b) Programs and services: The community corrections plan must provide descriptions of all adult on supervision programs including: (A) Adults on supervision population to be served; (B) Goals, outcomes, and purpose of program; (C) Program slots or beds; and (D) Community Corrections Act funds that will be used to operate the program. (c) Fiscal: The community corrections plan shall display separate line-item accounts for expenditures and revenue for each program or service area. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.525 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01 DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98 CD 7-1995, f. 4-25-95, cert. ef. 5-1-95 CD 17-1992, f. 8-12-92, cert. ef. 8-20-92 CD 36-1987, f. & ef. 9-24-87 CD 3-1987, f. & ef. 1-5-87 CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86 CD 42-1985, f. & ef. 8-16-85 CD 23-1982, f. & ef. 7-28-82 CD 4-1982(Temp), f. & ef. 1-29-82 CD 27-1980, f. & ef. 7-28-80 CD 1-1980(Temp), f. & ef. 2-1-80 CD 7-1978, f. 2-24-78, ef. 2-27-78, Renumbered from 291-010-0660 CD 48(Temp), f. 12-28-77, ef. 12-29-77
291-031-0020 Community Corrections Plan Submission Process (1) The community corrections plan shall be submitted to the Director of the Department of Corrections or designee no later than 90 days following sine die of the regularly held legislative session of each odd numbered year. (2) An extension of time may be granted by the Director of the Department of Corrections or designee when necessary to allow completion of local agency negotiations, or to allow additional time to collect data or information necessary to complete the community corrections plan. Requests for this extension shall be submitted to the Director or designee in writing. (3) The Director of the Department of Corrections or designee will review and approve the proposed community corrections plan. (4) If the community corrections plan is not approved, the Director of the Department of Corrections or designee will provide recommendations to the county as to how to correct or improve the community corrections plan. (5) After approval by the Director of the Department of Corrections or designee, the county and the department will incorporate the community corrections plan into the intergovernmental agreement. (6) No modifications to an approved plan shall be placed into effect without prior written notification to Director of the Department of Corrections or designee. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 1-2002, f. & cert. ef. 1-10-02 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01 DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98 CD 7-1995, f. 4-24-95, cert. ef. 5-1-95 CD 17-1992, f. 8-12-92, cert. ef. 8-20-92 CD 3-1987, f. & ef. 1-5-87 CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86 CD 42-1985, f. & ef. 8-16-85 CD 23-1982, f. & ef. 7-28-82 CD 4-1982(Temp), f. & ef. 1-29-82 CD 27-1980, f. & ef. 7-28-80 CD 7-1978, f. 2-24-78, ef. 2-27-78, Renumbered from 291-010-0665 CD 48(Temp), f. 12-28-77, ef. 12-29-77
291-031-0025 Financial Records Department of Corrections funds: (1) The department shall prepare and distribute written instructions regarding budget, allotment, and fiscal reporting requirements to each county. Each county shall adhere to the department’s budget, allocation, and fiscal reporting requirements. (2) Reallocation of funds in a county approved community corrections plan and budget, within or between budget categories, requires a budget update and the prior written notification and written approval of the Director of the Department of Corrections or designee. (3) Proposed fund transfers shall be submitted using the plan modification form created by the department. (4) 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. (5) Within 120 days following the end of the state’s biennial budget period, each county shall submit a closing financial report for the biennium. The county must identify in the report any state General Fund not expended within the biennial period. The county must submit a budget update to the Department of Corrections showing how those funds will be expended for community corrections in the next biennium. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 2-2012, f. & cert. ef. 1-27-12 DOC 1-2002, f. & cert. ef. 1-10-02 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01 DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98 CD 7-1995, f. 4-24-95, cert. ef. 5-1-95 CD 17-1992, f. 8-12-92, cert. ef. 8-20-92 CD 12-1990, f. & cert. ef. 6-28-90 CD 3-1987, f. & ef. 1-5-87 CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86 CD 42-1985, f. & ef. 8-16-85 CD 23-1982, f. & ef. 7-28-82 CD 4-1982(Temp), f. & ef. 1-29-82 Renumbered from 291-010-0670, CD 27-1980, f. & ef. 7-28-80 CD 7-1978, f. 2-24-78, ef. 2-27-78 CD 48(Temp), f. 12-28-77, ef. 12-29-77
291-031-0026 Grant-in-Aid (1) Community Corrections funds will be allocated based on a formula that considers workload, county population, and the cost per day of managing adults on supervision. The formula will be weighted 100 percent workload and 0 percent county population. (2) Prior to July of each odd‑numbered year, the Department of Corrections shall determine each county’s proposed share of workload and will compute each county's percentage share of the coming biennial grant-in-aid appropriation. When the total actual appropriation is known, the Department of Corrections will compute the actual amounts indicated. (3) Except as otherwise provided by law, an intergovernmental agreement between the county(ies) and the department must be executed prior to any state Grant-In-Aid funds being distributed. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 1-2002, f. & cert. ef. 1-10-02 DOC 17-2001(Temp), f. & cert. ef. 8-7-01 thru 2-3-02 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01 DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98 CD 7-1995, f. 4-24-95, cert. ef. 5-1-95 CD 17-1992, f. 8-12-92, cert. ef. 8-20-92 CD 42-1985, f. & ef. 8-16-85 CD 23-1982, f. & ef. 7-28-82 CD 4-1982(Temp), f. & ef. 1-29-82 Renumbered from 291-010-0670, CD 27-1980, f. & ef. 7-28-80 CD 7-1978, f. 2-24-78, ef. 2-27-78 CD 48(Temp), f. 12-28-77, ef. 12-29-77
291-031-0051 Funding for Sexually Violent Dangerous Offenders (1) The department may reimburse counties for the intensive supervision of sexually violent dangerous offenders in accordance with this rule. (2) The reimbursement rate to a county shall be determined by calculating the incremental cost to move from the high-risk supervision rate to an intensive supervision rate. Reimbursement payments will be made on a quarterly basis, upon invoicing by the county. (3) Reimbursement payments to counties for the purpose of intensive supervision of sexually violent dangerous offenders shall not exceed the legislatively approved appropriation for the supervision of sexually violent dangerous offenders. (4) Once each biennium, the Department of Corrections, the Board of Parole and Post-Prison Supervision, and local supervisory authorities shall determine the number of adults on supervision expected to be classified as sexually violent dangerous offenders during the following biennium. The department shall use the number in calculating the budget for the community corrections division of the department for the following biennium. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 144.639, 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 1-2002, f. & cert. ef. 1-10-02 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
291-031-0070 Evaluation (1) The Department of Corrections shall establish and operate a statewide information system. In order to ensure uniform information, the Department of Corrections shall establish minimum data entry standards for the statewide information system. Counties are required to input information into the statewide information system in accordance with the standards established by the Department of Corrections. (2) In accordance with ORS 423.540, the department will biennially review each county’s compliance with the intergovernmental agreement. There may be a compliance plan required if the county is not in compliance with the intergovernmental agreement. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, 423.530 & 423.540 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 1-2002, f. & cert. ef. 1-10-02 DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01, Renumbered from 291-031-0030 DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98 CD 7-1995, f. 4-24-95, cert. ef. 5-1-95 CD 17-1992, f. 8-12-92, cert. ef. 8-20-92 CD 3-1987, f. & cert. ef. 1-5-87 CD 46-1986(Temp), f. 10-21-86, cert. ef. 11-30-86 CD 42-1985, f. & cert. ef. 8-16-85 CD 23-1982, f. & cert. ef. 7-28-82 CD 4-1982(Temp), f. & cert. ef. 1-29-82 CD 27-1980, f. & cert. ef. 7-28-80 CD 1-1980(Temp), f. & cert. ef. 2-1-80 CD 7-1978, f. 2-24-78, cert. ef. 2-27-78, Renumbered from 291-010-0675 CD 48(Temp), f. 12-28-77, cert. ef. 12-29-77
291-031-0085 County Option to Cease Participation in the Community Corrections Act (1) The Community Corrections Act gives each county the option to transfer responsibility for community corrections to the Department of Corrections if the Legislature fails to fund community corrections at the baseline established in ORS 423.483. (2) If the total state community corrections appropriation is less than the baseline, the county may discontinue participation in the Community Corrections Act by providing written notification to the Director of the Department of Corrections 180 days prior to implementation of the change. (3) The department can elect to assume responsibility for community corrections sooner than 180 days with concurrence from the county. (4) A county may transfer responsibility for community corrections to the state no more than one time in a biennium. (5) OAR 291-031-0095 to 291-031-0140 only apply when a county discontinues participation in the Community Corrections Act. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03 DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03
291-031-0095 Responsibility for Community Corrections (1) The Department of Corrections will assume responsibility for community-based supervision, sanctions, and services for adults on supervision convicted of felonies or designated drug-related or designated person misdemeanors, who are on probation, parole, post-prison supervision, or any form of temporary or transitional leave from custody, or who are sentenced or sanctioned to a term of incarceration of 12 months or less, on conditional release under ORS 420A.206 or on conditional discharge under ORS 475.245, or any other form of diversion for a felony, designated drug-related or designated person misdemeanor. (2) According to sentencing guidelines, terms of incarceration of 12 months or less are served at the direction of the local supervisory authority rather than in the legal and physical custody of the Department of Corrections (OAR 213-005-0001(2)). The Department of Corrections will perform the duties of the local supervisory authority for terms of incarceration of 12 months or less (local control offenders). (3) The Department of Corrections will not assume responsibility for the supervision of adults on supervision not referenced in OAR 291-031-0009(2). Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 12-2003, f. & cert. ef. 8-20-03 DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03