justicedao/ipfs_state_laws huggingface dataset:
255-094-0010 Exceptions to Inactive Supervision and Return to Active Supervision (1) No sooner than thirty days prior to the expiration of the offender's active period of supervised parole or post-prison supervision or during a period of inactive supervision, the supervising officer or designee may send to the Releasing Authority a report on offenders who have not substantially fulfilled the supervision conditions, or who have failed to complete payment of restitution. The supervising officer or designee may request continuation on active supervision, or return to active supervision if it is in the community's or the offender's best interest. This report shall include: (a) An evaluation of the offender's compliance with supervision conditions; (b) The status of the offender's court ordered monetary obligations, including fines and restitution, if any; (c) The offender's employment status; (d) The offender's address; (e) Treatment program outcome; (f) Any new criminal activity; (g) Other relevant information; (h) A recommendation that the Releasing Authority extend the active supervision period or return the offender to active supervision. (2) After reviewing the report, if the Releasing Authority or its designated representative finds the offender has not substantially fulfilled the supervision conditions, or it is in the offender's or the community's best interest, the Releasing Authority may order that the offender remain on active supervision or return to active supervision for the remainder of the supervision period set by the sentencing court or set by law. The Releasing Authority shall send the offender notice of the continuation or return to active supervision. (3) Once extended or returned to active supervision, the supervising officer may place the offender on inactive supervision when the offender has substantially fulfilled the conditions of supervision and completed restitution payments, or active supervision is no longer in the best interest of the offender and the community. (4) When an offender being supervised in Oregon is placed on inactive supervision, the 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 Releasing Authority remain in effect). (b) Special Conditions specifically deleted by the Releasing Authority. (5) An offender being supervised via Interstate Compact is not eligible to be placed on unsupervised status. Statutory/Other Authority: ORS 144.085 & 1995 SB 1145 Statutes/Other Implemented: ORS 144.085 & 1995 SB 1145 History: PAR 2-2010, f. & cert. ef. 2-26-10 Reverted to PAR 2-2005, f. & cert. ef. 4-25-05 PAR 3-2009(Temp), f. & cert. ef. 8-21-09 thru 2-16-10 PAR 2-2005, f. & cert. ef. 4-25-05 PAR 8-1997, f. 3-11-97, cert. ef. 3-14-97
255-094-0015 Return to Active Supervision (1) An offender is subject to arrest for violations of conditions of supervision while on either active or inactive supervision. (2) The Releasing Authority may return an offender to active supervision for the remainder of the supervision period set by the sentencing court or set by law when the Releasing Authority receives a report from the supervising agency showing good cause why the inactive status is no longer in the offender's best interest or the best interest or safety of the community. (3) If the supervising agency has good cause to return an offender to active supervision, and the whereabouts of the offender are unknown, the supervising agency may request a warrant from the Releasing Authority. (4) When an offender is returned to active supervision status, all general conditions plus all previously imposed special conditions shall be in effect. Statutory/Other Authority: ORS 144.085 & SB 1145 & OL 1995 Statutes/Other Implemented: ORS 144.085 & SB 1145 & OL 1995 History: PAR 2-2010, f. & cert. ef. 2-26-10 Reverted to PAR 2-2001, f. & cert. ef. 1-12-01 PAR 3-2009(Temp), f. & cert. ef. 8-21-09 thru 2-16-10 PAR 2-2001, f. & cert. ef. 1-12-01 PAR 3-2000, f. & cert. ef. 1-25-00 PAR 8-1997, f. 3-11-97, cert. ef. 3-14-97
255-094-0020 Sentence Expiration (1) During the pendency of violation proceedings, the running of the supervision period both active and inactive, the sentence is stayed, and the Releasing Authority retains jurisdiction over the offender until the proceedings are resolved. The Releasing Authority may grant credit toward the sentence for time the offender serves incarcerated pending the violation proceedings. (2) These rules shall not preclude more than one extension or renewal of active parole or post-prison supervision, however an extension or renewal period may not exceed the maximum sentence. (3) After expiration of the sentence of an offender on parole or post-prison supervision, the Releasing Authority shall send written notice of the expiration to the offender and the supervisory authority. (4) For offenders sentenced as sexually violent dangerous offenders pursuant to Chapter 163 (1999 OR Laws) for crimes committed on or after October 23, 1999, upon receipt of a court order resentencing the offender and terminating post-prison supervision, the Releasing Authority shall send written notice of the termination of post-prison supervision to the offender and supervisory authority. Statutory/Other Authority: ORS 144.085, 1995 SB 1145 & 1999 OL 163 History: PAR 2-2010, f. & cert. ef. 2-26-10 Reverted to PAR 4-2000, f. & cert. ef. 2-15-00 PAR 3-2009(Temp), f. & cert. ef. 8-21-09 thru 2-16-10 PAR 4-2000, f. & cert. ef. 2-15-00 PAR 3-2000, f. & cert. ef. 1-25-00 PAR 8-1997, f. 3-11-97, cert. ef. 3-14-97
257-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Department of State Police shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days prior to the effective date. (2) By mailing a copy of the Notice to persons on the Department’s mailing list established pursuant to ORS 183.335(6). (3) By mailing a copy of the Notice to the following persons, organizations, or publications: (a) United Press International and Associated Press; (b) Oregon Association of Chiefs of Police; (c) Oregon State Sheriffs’ Association; (d) Oregon Police Officers’ Association; (e) Oregon District Attorneys’ Association; (f) Oregon Circuit Judges’ Association; (g) Oregon District Judges’ Association; (h) Oregon Law Enforcement Council; (i) Oregon Newspaper Publishers’ Association; (j) American Civil Liberties Union; (k) Law Enforcement Data System Advisory Board; (l) Board on Public Safety Standards and Training. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341(4) History: DSP 4-1981, f. 12-14-81, ef. 12-15-81 DSP 3, f. 4-22-76, ef. 4-30-76
257-001-0005 Model Rules of Practice and Procedures Except as provided in OAR 257-001-0020, 257-001-025 and 257-045-0010 to 257-045-0050 with respect to the rules for impoundment hearings under ORS 806.016 and hearings for vehicles taken into custody and towed under 819.110 or 819.120, the Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedure Act effective January 1, 2010, are adopted as the Rules of Procedure of the Department of State Police and shall be controlling except as otherwise required by statute or rule. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Oregon State Police.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 181, 181.040, 181.280, 183, 806, 806.014, 806.016 & 814, OL 2009 & ch. 371 (HB 2739) Statutes/Other Implemented: ORS 183.341(4), OL 2009 & ch. 371 (HB 2739) History: OSP 2-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 4-2009(Temp), f. 12-22-09, cert. ef. 1-1-10 thru 6-29-10 Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99 OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94 OSP 1-1986, f. & ef. 7-28-86 DSP 5-1981, f. 12-14-81, ef. 12-15-81 DSP 4-1979, f. & ef. 12-13-79 DSP 4, f. 4-22-76, ef. 4-30-76 DSP 1, f. 4-19-74, ef. 5-11-74
257-001-0015 Requiring Reporting of Precursor Transactions (1) When contacted by a person that desires to purchase precursor substances, the transferer (seller/supplier) is required to complete Oregon State Police Form 310-1. The completion of this form requires the purchaser/receiver to contact the transferer in person and provide valid, state-issued photo identification. The identification may be in the form of a driver’s license or state identification card. Upon completion of OSP Form 310-1, the original must be forwarded to the Oregon State Police Precursor Substance Unit. After receipt of the form, the Precursor Substance Unit will issue that transaction an authorization number and notify the transferer of that number by telephone. The transferer will note on the remaining copies the number, date, and time of receiving the authorization. The 72-hour statutory waiting period prior to delivery of the precursor substance(s) will commence at the time of receipt by the Oregon State Police Precursor Substance Unit of the transferer’s notification. (2) After the appropriate waiting period has elapsed and the receiver contacts the transferer to take possession of the precursor substance(s), the receiver will be provided a copy of OSP Form 310-1 by the Oregon State Police. (3) The Precursor Substance Monthly Transaction Report, OSP Form 310-2, will be used only upon approval by the Oregon State Police Precursor Substance Unit. Use of this form shall apply only when a patter or regular supply, for lawful purposes, of the precursor substances has been established. The request for its use must be made in writing by the purchaser and shall include the business name, address, intended use of the precursor substances, and location(s) where the precursor substances are to be used. (4) Any person/business in possession of precursor substances who discovers the loss, theft, or discrepancy of any amount of precursor substances must complete and submit OSP Form 310-3 to the Oregon State Police Precursor Substance Unit within three days. These forms shall be provided by the Oregon State Police upon request. (5) OSP Forms 310-1, 310-2, and 310-3 are hereby adopted and incorporated into this rule. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 475.945 History: OSP 3-1987, f. 10-14-87, ef. 12-11-87 OSP 2-1987(Temp), f. & ef. 9-28-87
257-001-0020 Notices and Requests for Hearings Under ORS 806.016 (1) A “person entitled to lawful possession” of a vehicle means the owner as defined in ORS 801.375 or a security interest holder. A person not listed as the owner or security interest hold on the records of the Driver and Motor Vehicle Services Branch (DMV) shall have the burden of establishing right possession by clear and convincing evidence. (2) A person entitled to lawful possession of an impounded vehicle may request a hearing to contest the validity of the impoundment. Such request must be in writing and, within 5 days from the date of the impoundment, be mailed to or received by the agency conducting the hearing. The hearing request must include the person’s full name, address, driver’s license number, daytime telephone number, the names of and daytime telephone numbers for any other persons (e.g. attorney, witnesses) expected to participate in the hearing, date of the impoundment, the registration number and a description of the vehicle impounded, and a brief statement describing the person’s interest in the vehicle (e.g. owner, lessee) and why the person believes the impoundment was impounded. A person who will need an interpreter for the hearing or accommodation for an impairment must also give notice of that in the hearing request. (3) Notice of the hearing date shall be sent to the person request the hearing as soon as practicable after receipt of the hearing request. The notice shall include or be accompanied by: (a) The time and date of the hearing; (b) Notice of the scope of the hearing, which shall be limited to the validity of the impoundment; (c) The name of the hearing officer assigned; (d) A copy of the documents then in the hearing officer’s file; (e) A form with instructions on the hearing procedures, and advising persons with impairments of the opportunity to use a telecommunication device line. (f) Information that the hearing costs may be assessed against the person if the impoundment is held proper. (4) The hearing officer, upon finding the impoundment to have been proper, may assess the costs of the hearing pursuant to ORS 806.016(4) or may waive, in whole or in part the hearing costs upon finding that the person is indigent. A person claiming indigence shall have the burden of establishing that, and the person’s eligibility for food stamps shall be the primary factor to be considered by the hearing officer in determining indigence. Statutory/Other Authority: ORS 181, 181.040, 181.280, 183, 809.720, 809.716 & 814 Statutes/Other Implemented: ORS 809.716 History: Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03 Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01 Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99 OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94
257-001-0025 Rules for Impoundment Hearings Under ORS 809.716 Hearings to determine the validity of the impoundment of vehicles under ORS 806.014 shall be subject to the following procedural rules. (1) The following of the Attorney General’s Model Rules of Procedure adopted under OAR 257-001-0005, and no other, shall apply: (a) OAR 137-003-0001 Contested Case Notice; (b) OAR 137-003-0002 Rights of Parties in Contested Cases; (c) OAR 137-003-0003 Late Filing; (d) OAR 137-003-0040 Conducting Contested Case Hearing; (e) OAR 137-003-0045 Telephone Hearings (f) OAR 137-003-0050 Evidentiary Rules; (g) OAR 137-003-0055 Ex Parte Communications; (h) OAR 137-003-0075 Final Orders by Default; (i) OAR 137-003-0080 Reconsideration and Rehearing-Contested Cases; (j) OAR 137-003-0090 Stay Request; (k) OAR 137-003-0091 Intervention in Stay Proceeding; (l) OAR 137-003-0092 Stay Proceeding and Order. (2) With reference to model OAR 137-003-0045, all hearings will be conducted by telephone unless the person requesting the hearing: (a) Includes in the hearing request a request for an in-person hearing; (b) Provides adequate justification for holding the hearing in-person (EXAMPLE: hearing impairment or other physical disability making telephone hearings impractical); and (c) Agrees to waive the statutory time limit for the hearing. (3) Discovery shall be limited to the documents contained in the hearings officer’s file. Such documents shall be sent to the person requesting the hearing at the time the notice of the scheduled hearing is sent, or as soon thereafter as possible. (4) The Department shall enter into an interagency agreement with another state agency which has an established hearings unit, to ensure that hearings under ORS 806.016 are conducted as fairly and efficiently as practicable. Exceptions to hearings’ officers proposed orders under ORS 806.016 may be submitted to the Director of the Patrol Division of the Oregon State Police who shall have all authority to issue a final order. Written argument submitted with the exceptions will be considered; no opportunity for oral argument will be allowed. Statutory/Other Authority: ORS 181, 181.040, 181.280, 183, 809.720, 809.716 & 814 Statutes/Other Implemented: ORS 809.716 History: Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 4-2002(Temp), f. & cert. ef. 10-25-02 thru 4-22-03 Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 4-2000(Temp), f. & cert. ef. 10-9-00 thru 4-6-01 Reverted to OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 1-1998(Temp), f. & cert. ef. 7-24-98 thru 1-1-99 OSP 5-1994, f. 11-21-94, cert. ef. 11-22-94 OSP 2-1994(Temp), f. 6-30-94, cert. ef. 7-1-94
257-010-0010 Scope of System (1) Rules adopted herein relate solely to the Oregon Criminal Offender Information System and the Identification Services Section as maintained by the Oregon State Police. The rules do not affect in any way other agencies’ original records of arrest, arrest logs, or reports of crimes available for inspection under terms of the Oregon Public Records Law (ORS 192.311 to 192.335). (2) Oregon Criminal Offender Information files contain information, contributed by Criminal Justice Agencies, on a person’s record of arrests, the nature and disposition of criminal charges, sentencing, confinement, and release, plus identifying data only relating to fingerprints of applicants submitted under Oregon Law. The fingerprints, photographs, records and reports compiled under ORS 137.225, 166.291, 166.415, 181A.010, 181A.160, 181A.175, 181A.220, 181A.230, 181A.875, and 806.060 are confidential and exempt from public inspection except as provided in ORS 181A.220. These files shall not contain information about the political, religious, or social views, associations, or activities of any individual, group, association, corporation, business, or partnership unless such information directly relates to an investigation of past or threatened criminal acts or activities and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal acts or activities. (3) The Oregon CCH System is a computerization of essentially the same criminal offender, regulatory and applicant information, and is maintained by the OSP under provisions of Oregon Law. Computerization of the files is designed to provide faster access to criminal offender information for Oregon Criminal Justice and Designated Agencies. (4) The Oregon Firearm Instant Check System is a computerization of firearm and firearm purchaser information, and is maintained by the OSP under provisions of Oregon Law. The record of the information obtained by the OSP during a request for a criminal records check by a gun dealer is exempt from disclosure under public records law. Statutory/Other Authority: ORS 166.412, ORS 183.310 - 183.540, ORS 181A.220, ORS 181A.230, ORS 166.291, ORS 183.390, ORS 192.234, ORS 181A.245 & ORS 181A.200 Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875 History: OSP 3-2019, minor correction filed 01/02/2019, effective 01/02/2019 OSP 1-2019, minor correction filed 01/02/2019, effective 01/02/2019 OSP 1-2002, f. & cert. ef. 3-8-02 OSP 3-1996, f. 5-24-96, cert. ef. 7-1-96 OSP 4-1994, f. & cert. ef. 8-2-94 OSP 4-1993, f. & cert. ef. 12-20-93 OSP 3-1992, f. & cert. ef. 9-16-92 OSP 1-1990, f. & cert. ef. 6-4-90 DSP 4, f. 4-22-76, ef. 4-30-76 DSP 2, f. 6-14-74, ef. 7-11-74
257-010-0041 Criminal Justice Information Services Division Fee Schedule See Fee Schedule Attached (Effective 9/1/2021) [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 181A.195, ORS 181A.230, ORS 181A.245, ORS 137.225, ORS 166.274, ORS 166.412 & ORS 166.291 Statutes/Other Implemented: OAR 257-010-0025, OAR 257-010-0035 & OAR 257-010-0055 History: OSP 2-2022, amend filed 03/23/2022, effective 03/23/2022 OSP 2-2021, temporary amend filed 08/25/2021, effective 09/01/2021 through 02/27/2022 OSP 1-2021, adopt filed 08/04/2021, effective 08/04/2021
257-010-0045 Violation of Rules (1) Willful violation of Oregon Revised Statute, Executive Order or published rules relating to the Oregon Criminal Offender Information System by any authorized agency, Regional Information Sharing System, or employee may result in immediate termination of such agency’s authorization to receive such information from the Oregon and/or Federal Criminal Offender Information Systems. (2) Reinstatement will be effected only upon demonstration by the agency or system that the cause of such violation has been corrected. Final determination as to the reinstatement of any agency or system so terminated will be the responsibility of the OSP. Statutory/Other Authority: ORS 181A.230, ORS 181A.245, ORS 183.310 - 183.540 & ORS 192.234 Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875 History: OSP 8-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11 Reverted to OSP 4-1993, f. & cert. ef. 12-20-93 OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10 OSP 4-1993, f. & cert. ef. 12-20-93 OSP 1-1990, f. & cert. ef. 6-4-90 DSP 4, f. 4-22-76, ef. 4-30-76 DSP 2, f. 6-14-74, ef. 7-11-74
257-010-0050 Rights of Appeal A Criminal Justice, Designated Agency, Regional Information Sharing System, or employee desiring to appeal any action, order, or administrative ruling by the OSP may proceed under the provisions of Rules 30.00 to 30.80 of the Attorney General's Model Rules of Practice and Procedures under the Administrative Procedure Act relating to contested cases and judicial review. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 181A.230, ORS 181A.245, ORS 183.310 - 183.540 & ORS 192.234 Statutes/Other Implemented: ORS 166.291, ORS 166.412 & ORS 181A.875 History: OSP 9-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 1-2011, f. 2-3-11, cert. ef. 2-28-11 Reverted to OSP 4-1993, f. & cert. ef. 12-20-93 OSP 4-2010(Temp), f. 6-29-10, cert. ef. 7-1-10 thru 12-28-10 OSP 4-1993, f. & cert. ef. 12-20-93 OSP 1-1990, f. & cert. ef. 6-4-90 DSP 4, f. 4-22-76, ef. 4-30-76 DSP 2, f. 6-14-74, ef. 7-11-74
257-010-0065 Permit-to-Purchase (1) OSP shall determine the format and shall assign the unique application and permit number to each Oregon State Permit-to-Purchase application and permit that shall be used by all permit agents for Permit-to-Purchase applications. The Permit-to-Purchase application is hereby incorporated by reference. (2) When submitting Permit-to-Purchase application packets to OSP for background checks, permit agents shall use either US Mail, hand delivery by the permit agent, or delivery by courier. The packet must include both the paper fingerprint cards and the Permit-to-Purchase application form. (3) OSP shall create the Permit-to-Purchase format that shall be issued by all permit agents. Permit agents shall print the issued State of Oregon Permit-to-Purchase permit form in quadruplicate (four copies). The State of Oregon Permit-to-Purchase permit form is hereby incorporated by reference. (4) Permit agents may designate permit agent responsibilities only to other Oregon law enforcement agencies and only as follows: (a) Local police chiefs may designate permit agent responsibilities to other local police chiefs or the Oregon Sheriff having jurisdiction over the residence of a person making an application for a permit-to purchase; or (b) An Oregon Sheriff may designate permit agent responsibilities to a local police chief having jurisdiction over the residence of a person making an application for a permit-to-purchase. (5) Designations conducted under subsection (4) of this rule shall be made using an Intergovernmental Agreement or other similar agreement (6) Only law enforcement agencies working in the permit agent role may initiate the fingerprint-based background check for Oregon and the FBI. A non-law enforcement agency designee may not initiate the fingerprint-based background check. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: BM 114 Statutes/Other Implemented: BM 114 & ORS 166.210 - ORS 166.490 History: OSP 1-2023, adopt filed 05/30/2023, effective 06/06/2023 OSP 4-2022, temporary adopt filed 12/07/2022, effective 12/08/2022 through 06/05/2023