justicedao/ipfs_state_laws huggingface dataset:
255-070-0003 Offender Return to County of Residence (1) Unless the Board waives the condition, the Board shall order as a condition of parole or post-prison supervision that an offender reside for the first six months in the county where the person was last supervised if the person was on active supervision as an adult for a felony at the time of committing the offense that resulted in his imprisonment, otherwise, where the person resided at the time of the offense that resulted in the imprisonment. (2)(a) The Board or the Department of Corrections may establish the county of residency by obtaining the last address of record at the time of the offense from all the available information in the following records: (A) An Oregon driver's license, regardless of its validity; (B) The Department of Revenue; (C) The Department of State Police, Bureau of Criminal Identification; (D) The Department of Human Resources; (E) The Department of Corrections; (F) Internet address locator service. (b) If the records do not disclose the county of residency, the Board or the Department shall find the offender resided in the county where they committed the crime. (c) If the offender is serving multiple sentences, the county of residence shall be determined according to the date of the last arrest resulting in a conviction. (d) In determining the offender’s county of residence for purposes of this rule, the Board may not consider offenses committed by the offender while the offender was incarcerated in a Department of Corrections facility. (3) Upon motion of the Board, an offender, a victim, or a district attorney, the Board may waive the residency requirement after finding: (a) The offender provided proof of a job with no set ending date in a county other than the established county of residence; (b) The offender poses a significant danger to the victim or the victim's family; (c) The victim or victim's family poses a significant danger to the offender residing in the county of residence; (d) The offender has a spouse, registered domestic partnership, or biological or adoptive family, residing in other than the county of residence, who will be materially significant in aiding in the rehabilitation of the offender and in the success of the parole or post-prison supervision period; (e) The Board requires that the offender participate in a treatment program which is not available in the county of residence; (f) The offender desires release to another state or another state has a detainer; or (g) Other good cause. Statutory/Other Authority: ORS 144.102 & 144.270 Statutes/Other Implemented: ORS 144.102 & 144.270 History: PAR 1-2021, amend filed 09/10/2021, effective 09/10/2021 PAR 2-2008, f. & cert. ef. 4-9-08 PAR 1-2007, f. & cert. ef. 2-1-07 PAR 10-1999, f. & cert. ef. 11-15-99 PAR 5-1999(Temp), f. & cert. ef. 9-15-99 thru 3-12-00 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 6-1991, f. & cert. ef. 10-15-91 PAR 4-1989, f. & ef. 11-1-89
255-070-0015 Establishing Conditions of Parole and Post-Prison Supervision (1) The Board may order an exit interview prior to the Adult in Custody's (AIC) release date to review the AIC’s case and set or approve conditions. See Division 255-060 for exit interview procedures. (2) If the Board decides to waive an exit interview, it shall specify the parole conditions prior to release and shall include the conditions on an order of supervision. (3) If the Board decides to waive an exit interview, it shall specify, in an order given to the offender upon release from incarceration, the post-prison supervision conditions. (4) Once the Board establishes the conditions, the Board may amend the conditions and issue an amended order by: (a) considering a requested modification administratively, if the amendment is requested before the inmate’s release on parole or post-prison supervision or if a condition is deleted after release; (b) citing to a hearing, if the amendment is requested after release and the offender does not consent in writing to the addition of conditions; (c) within 60 days of the adult in custody’s release, by Board initiative or upon receipt of a requested modification, when the Board is made aware of an error made by the Board in ordering any special condition issued, or in not ordering any special condition which should have been issued on the original order of supervision conditions; or (d) when the adult in custody was released from the institution prior to the Board being able to issue an order of supervision conditions. (5) The Hearings Officer or supervising officer may amend the supervision conditions, and shall send notice of such amendment to the Board, when: (a) the offender consents and waives their right to a hearing; or (b) after a hearing conducted by a Hearings Officer. (6) If the Board does not override the Hearings Officer or supervising officer amended conditions, the Board shall issue an amended order of conditions, however, the condition is in effect from the date the supervising officer or Hearings Officer orders it. (7) The Board or the Hearings Officer shall conduct a hearing under section (4) and (5) of this rule applying rules governing violation hearings in Division 255-075. (8) When a supervisory authority requests amended conditions before the inmate is released on parole or post-prison supervision, the supervisory authority shall submit the request in writing to the Board prior to the release date. (9) An offender may appeal the conditions of parole or post-prison supervision pursuant to the procedures of Division 80. Statutory/Other Authority: ORS 144.096, 144.098, 144.102, 144.104, 144.106, 144.125, 144.185, 144.270, 144.331 & 144.343 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.104, 144.106, 144.125, 144.185, 144.270, 144.331 & 144.343 History: PAR 1-2021, amend filed 09/10/2021, effective 09/10/2021 PAR 5-1998, f. & cert. ef. 11-9-98 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1992(Temp), f. & cert. ef. 4-30-92 PAR 2-1990, f. & cert. ef. 4-5-90 PAR 6-1988, f. & ef. 5-19-88
255-075-0001 Definitions (1) “Administrative Sanction” means local, structured, or intermediate sanctions as those terms are used in OAR 291-058, and may include periods of local confinement in jails, restitution centers, treatment facilities, or similar facilities. (2) “Sanction Authority” means: (a) The Board or its designee for: (A) Any felony offender who received a sentence of more than twelve (12) months in the custody of the Department of Corrections; or (B) Any felony offender who received a sentence of twelve (12) months or less but who also has an additional sentence of greater than twelve (12) months. (i) If an offender is on post-prison supervision for multiple sentences which include a sentence that exceeds twelve (12) months (“Board case”) and a less than twelve (12) month sentence (“Local Supervisory Authority case”), the Board will maintain jurisdiction of the post-prison supervision of the Local Supervisory Authority case until the Board’s active involvement in the Board cases expires. Following expiration of the Board’s cases, the Board will maintain jurisdiction over the post-prison supervision of the Local Supervisory Authority cases until an offender is re-released following revocation of the post-prison supervision for the Local Supervisory Authority cases, or until the Local Supervisory Authority petitions to assume jurisdiction, whichever comes first. Jurisdiction will fall under the Local Supervisory Authority at that point. (ii) If the Board issued the order of post-prison supervision for an offender whose only sentence was twelve (12) months or less, jurisdiction will remain with the Board until petition by the Supervisory Authority to assume jurisdiction or upon re-release following revocation of the post-prison supervision for that sentence; whichever comes first. (b) The Local Supervisory Authority or its designee for any felony offender whose crime was committed after November 1, 1989, was sentenced by the court to twelve (12) months or less, and who does not have an additional sentence of more than twelve (12) months for a felony. (3) “Initiate a hearing” means person under supervision is presented a Notice of Rights. (4) Other definitions in 255-005. Statutory/Other Authority: ORS 144.140 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 51 & OL 1997 (Enrolled SB 156) History: PAR 8-2020, amend filed 10/05/2020, effective 10/05/2020 PAR 3-1998, f. 8-26-98, cert. ef. 8-27-98 PAR 2-1998(Temp), f. & cert. ef. 7-13-98 thru 1-9-99 PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97
255-075-0002 Suspension of Parole or Post-Prison Supervision; Citation to Appear (1) When the supervising officer or other person informs the Sanction Authority of reasonable grounds to believe that a person has violated the conditions of parole or post-prison supervision, or that supervision is no longer in the best interests of the offender or the community, and that the revocation of parole or post-prison supervision may be justified or, in the case of parole only, an extension of parole may be justified, the Sanction Authority may: (a) Suspend the running of the sentence and the parole or post-prison supervision term and order the offender arrested and detained pending a violation hearing; or (b) Issue a citation to appear before the Board, the Board’s designated representative or at a violation hearing without first suspending parole or the post-prison supervision term or ordering detention. (2) The Sanction Authority may issue a suspend and detain warrant or a citation to appear before the Board, the Board’s designated representative or at a violation hearing. (3) The Sanction Authority may authorize, in writing, that its designated representative may issue citations to appear before the Board, the Board’s designated representative or at a violation hearing. (4) Designated Representative for purposes of issuing a citation means a person appointed by the Board including a supervising officer and a hearings officer. Statutory/Other Authority: ORS 144.050, 144.106, 144.331 & 144.334 Statutes/Other Implemented: 144.106, ORS 144.096, 144.098, 144.102, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 8-2020, amend filed 10/05/2020, effective 10/05/2020 PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 6-1992(Temp), f. & cert. ef. 6-24-92 PAR 4-1992(Temp), f. & cert. ef. 4-30-92 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84
255-075-0003 Criteria for Allowing Offender to Remain in Community Pending Hearing In determining whether to allow an offender to remain in the community pending the violation hearing and final order, the Sanction Authority may consider: (1) The seriousness of the allegations and the risk to the offender or the community; (2) The likelihood of the offender absconding or failing to appear at the hearing; (3) The availability of resources in the community such as residence or employment; (4) Any recommendation by the parole and post-prison supervision officer. (5) The Sanction Authority may release offenders detained under a Sanction Authority warrant, after the violation hearing, when recommending local sanctions or intervention and continuance of parole or post-prison supervision. Statutory/Other Authority: ORS 144.331(2) Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 4-1993, f. & cert. ef. 10-29-93 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1992(Temp), f. & cert. ef. 4-30-92 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84
255-075-0004 Guidelines for “Best Interest” Return When the Sanction Authority determines that an offender’s release on parole or post-prison supervision is not in the best interest of the offender or in the best interest of society, the Sanction Authority may return the offender to custody. This type of return to custody may apply when: (1) The offender is suffering from an emotional or psychological disturbance which makes the offender dangerous to self or others if left in the community. The following behavior may indicate a dangerous emotional or psychological disturbance: (a) Showing a present capacity to carry out any statements or threats of violence against the offender or the community; or (b) Circumstances and conduct similar to that which led to the initial incarceration; or (2) The offender’s behavior cannot be adequately controlled if left in the community. (3) Best interest returns for offenders on post-prison supervision shall not exceed 90 days, and must be approved by the Sanction Authority. Statutory/Other Authority: ORS 144.270(2)(g) & 144.350(2) Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88
255-075-0005 Hearing Requirement: Procedure (1) Except as otherwise provided by these rules, before the Board can revoke parole or extend active parole supervision for offenders whose crimes occurred on or after December 4, 1986, and before November 1, 1989 (BM10), the Board or Hearings Officer shall conduct a hearing. (2) When the offender waives the hearing and/or consents to the order, the Board need not conduct a hearing when the Board extends supervision for offenders whose crimes occurred on or after December 4, 1986 and before November 1, 1989 (BM10). (3) Except in the cases set forth in OAR 255-075-0015 and section (6) of this rule, the Sanction Authority shall impose administrative sanctions or shall initiate a hearing within fifteen (15) days of arrest or detention for the violation of parole or post-prison supervision conditions. (4) If an in-custody violation hearing and a final order cannot be accomplished within fifteen (15) days. a supervising officer or Hearings Officer shall request a non-bailable suspend and detain warrant from the Sanction Authority (5) A Hearings Officer can impose up to sixty (60) days of local confinement after conducting a violation hearing or if an offender waives the hearing. In doing so, the Hearings Officer may issue a final order subject to the approval of the Sanction Authority, but immediately effective. If the Hearings Officer recommends a sanction that exceeds sixty (60) days, it must be approved by the Supervisory Authority before being considered by the Sanction Authority. (6) If an offender consents to a sanction, intervention, or the recommendation of a revocation, a violation hearing is not required. A revocation involving a return to prison will require a future disposition hearing. If the offender contests any of the allegations, the offender may request a hearing. Statutory/Other Authority: ORS 144.106(3), 144.108, 144.331(2), 144.343, 144.350 & 144.370 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 11-2006, f. & cert. ef. 10-30-06 PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 4-1992(Temp), f. & cert. ef. 4-30-92 PAR 5-1991, f. & cert. ef. 10-15-91 PAR 3-1991(Temp), f. & cert. ef. 5-1-91 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84 2PB 1-1979, f. & ef. 2-1-79
255-075-0006 Method of Hearing The Hearing Officer may conduct hearings by teleconference or video conference. The Hearing Officer shall conduct hearings in person or by video conference in the following situations: (1) The alleged violations are contested and the offender or the offender’s attorney shows that the witness’s credibility, including observation of the witness’s demeanor is necessary; (2) Physical exhibits may be part of the record and viewing the exhibits is essential, and the exhibits can not be viewed in some other manner; (3) There are unusual circumstances not covered by this section, determined at the Hearing Officer’s discretion. Statutory/Other Authority: ORS 144.035(5) & 144.343(1) Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84 2PB 1-1982, f. & ef. 5-19-82 2PB 7-1981(Temp), f. & ef. 11-4-81
255-075-0007 Designated Representative Conducts Hearing (1) The Sanction Authority or its designated representative shall conduct the probable cause and violation hearing. (2) “Designated representative” shall include those persons designated by the Sanction Authority, and trained and certified as Hearings Officers. Statutory/Other Authority: ORS 144.104(1), 144.331 & 144.343 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84
255-075-0015 When Offender in Another Jurisdiction: Return (1) The Sanction Authority may suspend parole or post-prison supervision and may order the offender's return to custody in Oregon without first conducting a hearing when: (a) The offender has, without permission, left the state to which the Sanction Authority released the offender on parole or post-prison supervision, and is in custody in another jurisdiction; (b) The offender is in custody in another correctional facility; (c) The offender has absconded from supervision and the offender's whereabouts are unknown; or (d) The offender has been convicted of a new crime. (2) Except as provided in ORS 144.345(2) and OAR 255-075-0005(6), the Sanction Authority or the Hearings Officer shall conduct a violation hearing after the offender returns to custody in Oregon. For purposes of these rules, the arrest date is the date the offender is returned to custody in Oregon. (3) Persons retaken and returned to this state from outside the state upon order or warrant of the Department of Corrections, the State Board of Parole & Post-Prison Supervision or the Governor, for violation of conditions of parole or post-prison supervision, shall be detained in a Department of Corrections facility or a local correctional facility pending any hearing concerning the alleged violation and ultimate disposition by the State Board of Parole & Post-Prison Supervision. (4) Persons retaken and returned to this state from outside the state upon order or warrant of a local supervisory authority for violation of conditions of post-prison supervision may be detained in a local correctional facility pending a hearing concerning the alleged violation and ultimate disposition by the local supervisory authority. Statutory/Other Authority: ORS 144.340, 144.345(2) & 144.349 Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 3-2000, f. & cert. ef. 1-25-00 PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 3-1992, f. & cert. ef. 4-15-92 Reverted to PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 7-1991(Temp), f. & cert. ef. 10-15-91 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84 2PB 1-1979, f. & ef. 2-1-79
255-075-0025 Rights at Hearing (1) The designee of the Sanction Authority (eg. Hearings Officer) shall provide the offender a written notice of the hearing at least three (3) working days prior to the hearing. (2) The hearing notice shall include: (a) A Notice of Rights as provided in ORS 144.343(3) (Exhibit NOR-2); (b) A written statement of alleged violations; (c) Any documents or evidence which form the basis of the alleged violations; and (d) The date and location of the hearing. (3) The offender may elect to waive the three working day notification period prior to the hearing and begin the hearing immediately. (4) If the offender elects to waive the three working day notification period, the Hearings Officer shall obtain a written waiver or tape record the offender's verbal statement waiving the three working day notification period. (5) The Hearings Officer shall ascertain whether the offender has understood the allegations and the offender's rights and whether the offender can read, hear and understand the language of the proceedings. The Hearings Officer shall postpone the hearing if needed assistance is not readily available. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 144.343(3) Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156) History: PAR 4-2012, f. & cert. ef. 10-15-12 PAR 2-2012(Temp), f. & cert. ef. 6-28-12 thru 12-25-12 PAR 1-1998, f. & cert. ef. 5-11-98 PAR 11-1997(Temp), f. & cert. ef. 11-14-97 PAR 8-1992, f. & cert. ef. 10-9-92 PAR 3-1989, f. 10-13-89, ef. 10-16-89 PAR 6-1988, f. & ef. 5-19-88 PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88 2PB 1-1985, f. & ef. 2-28-85 2PB 1-1984(Temp), f. & ef. 11-19-84 2PB 1-1979, f. & ef. 2-1-79