213-005-0012 Custodial Supervision (1) The sanction units imposed as part of a probationary sentence shall be used to set a term of custodial supervision in a correctional facility or as part of a custody program. Credit for sanction units shall only be granted for time actually served. Good time credits, work time credits, or early release shall not count towards satisfaction of sanction units. (2) When sanction units are imposed as part of a probationary sentence, the offender shall receive credit for having served those sanction units as follows: (a) JAIL: Each day of jail incarceration equals one (1) sanction unit. (b) RESIDENTIAL CUSTODIAL TREATMENT FACILITY: Each day of actual confinement in a 24-hour residential custodial treatment facility equals one (1) sanction unit when the program is satisfactorily completed including up to one year of any required aftercare. Aftercare may continue for more than one year, but custody unit credit shall be granted following satisfactory completion of one year. (c) RELEASE PROGRAMS: Each day of partial confinement in a release program, in which the offender is confined in a custodial facility when not on release, equals one (1) sanction unit for each day of partial incarceration. (d) HOUSE ARREST: Each day of satisfactory compliance with the requirements of house arrest equals one (1) sanction unit if the offender satisfactorily completes the house arrest. (e) COMMUNITY SERVICE: Sixteen hours of community service under the direct supervision of a supervisor designated by the supervisory authority equals one sanction unit. (3)(a) When the sentencing judge orders jail time as part of a probationary sentence, the judge shall sentence the offender directly to the custody of the supervisory authority with jurisdiction over the county jail. (b) When the sentencing judge recommends a custodial facility or program other than jail, the judge shall sentence the offender directly to the custody of the supervisory authority with jurisdiction over that facility or program. To impose such a sentence, the judge must determine that space is available in that facility or program and that the offender meets the eligibility criteria established for that facility or program by the supervisory authority. (4) The supervisory authority shall keep a record of all sanction units served by the offender during the course of the probationary term. When sanction units are served only upon the satisfactory completion of a custodial program, the supervisory authority, when appropriate, shall certify that the offender has satisfactorily completed a custodial program and the number of sanction units served by the offender as part of the program. (5) Where the sentencing judge finds that a custodial rehabilitation program designed to deal with drug or alcohol abuse or sexual behavior is essential to minimize the offender‘s likelihood of engaging in future criminal conduct, the requirement that the offender enter and satisfactorily complete such a program shall not be limited by the sanction units set forth in OAR 213-005-0011 or the provisions of this rule. Statutory/Other Authority: ORS 137.667 Statutes/Other Implemented: ORS 137.667 - 137.669 History: CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0012 SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93 SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89 SSGB 2-1988, f. 12-30-88, cert ef. 9-1-89