reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0045 - Evidence; Subpoena of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Sanction Authority or Hearings Officer may receive the following as evidence at a
			 violation hearing:
(a) Oral testimony under
			 oath;
(b) Affidavits or other sworn
			 statements;
(c) Letters;
(d) Documents;
(e) Reports made in the course of official duty or
			 professional practice (e.g., reports of law enforcement agencies, parole and
			 post-prison supervision officers, doctors, psychologists, attorneys);
(f) Uncertified copies of letters, documents, or
			 reports shall be admissible in a revocation hearing if there is a reasonable showing
			 by the person submitting the exhibit item that the copy is reliable;
(g) Evidence of criminal activity even when
			 charges have been dismissed, not brought, or the offender has been acquitted at
			 trial;
(h) Reliable hearsay evidence;
			 or
(i) Any evidence determined to be
			 material, relevant, and reliable, regardless of its nature.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0046 - Postponement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Sanction
			 Authority or Hearings Officer may postpone a hearing for good cause and for a
			 reasonable period of time, which shall not exceed 120 days.
(2) The criteria for "good cause" include, but is
			 not limited to:
(a) The preparation of
			 defense;
(b) Illness or unavailability
			 of the offender or other persons;
(c)
			 Gathering of additional evidence; or
(d)
			 Avoiding interference with an ongoing police investigation or pending
			 prosecution.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0055 - Reopening Hearings: Criteria; Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the completion of a violation hearing,
			 the Sanction Authority or Hearings Officer may reopen a hearing if substantial new
			 information is discovered which was not known or could not be anticipated at the
			 time of the hearing and which would significantly affect the outcome of the
			 hearing.
(2) The Sanction Authority or
			 Hearings Officer shall send the offender notice of the decision to reopen the
			 hearing and the new information to be considered. The re-opened hearing shall
			 conform to the procedures of this Division.
Stat. Auth.: ORS
				  144.050, ORS
				  144.140 & ORS
				  144.343
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 525 OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0056 - Hearings Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearings
			 record shall include:
(a) A Hearings Report
			 Summary;
(b) A written statement of
			 alleged violations;
(c) Supporting
			 materials, including documentary evidence admitted;
(d) A signed Notice of Rights;
(e) The Order of Parole or Post-Prison
			 Supervision;
(f) A notice of time and
			 place of hearing;
(g) A tape recording
			 of the advice of rights and the hearing;
(h) The supervising officer's report, including
			 recommended dispositions;
(i) The
			 history of supervision, local sanctions and modifications; and
(j) If any, the written waiver of the offender's
			 right to three working days notice of the hearing.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0065 - Ten Day Period for Offender's Evidence and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within a reasonable time after the hearing,
			 the Hearings Officer shall provide his or her report to the offender.
(2) Unless the offender waives the right to
			 respond, the offender shall have 10 days from the date the Hearings Officer mails
			 the report to the offender to submit evidence and make written exceptions to the
			 report for the Sanction Authority's consideration.
(3) If the offender waives the right to respond,
			 the Hearings Officer shall include the waiver in the Hearings Officer's report to
			 the Sanction Authority.
(4) When a
			 Hearings Officer makes a final order pursuant to Board authority granted in writing,
			 the offender shall not have a ten day period within which to submit evidence and
			 written exceptions. The offender may appeal a Hearings Officer's order under
			 Division 80 of these rules.
Stat. Auth.: ORS
				  144.343(7)
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 525 OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0070 - Final Action: Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 case comes before the Board or Supervisory Authority or designee for decision, the
			 Board or Supervisory Authority shall consider the Hearings Officer's report, and the
			 offender's evidence and exceptions. The Board or Supervisory Authority or designee
			 shall enter a decision, and shall record the decision in accordance with the
			 sanction/intervention guidelines, OAR 291-058-0010  et al. The Board shall vote in
			 accordance with Exhibit K.
(2) The Board
			 or Supervisory Authority may adopt or reject any or all the Hearings Officer's
			 findings and recommendations. The Board or Supervisory Authority may find a
			 violation of conditions not alleged, if the evidence admitted at the hearing
			 supports the finding and the evidence is uncontroverted. The final order shall
			 indicate the findings adopted by the Board or Supervisory Authority.
(3) A copy of the final order shall be forwarded
			 to the offender with notice of the right to administrative and judicial
			 review.
(4) All final orders of the
			 Board are subject to Administrative Review by the Board prior to seeking judicial
			 review.
The Exhibit referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  144.125 & ORS
				  144.343
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 525 OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0072 - Re-release Order after Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At the time of a revocation decision, the Sanction Authority shall make an order
			 concerning re-release.
(2) In the
			 re-release order, the Sanction Authority may:
(a)
			 Continue parole or post-prison supervision pursuant to 255-075-0075  or 255-075-0080;
			 or
(b) Set the re-release date in
			 accordance with rule 255-075-0079; or
(c) The Board may defer the re-release decision
			 pending a future disposition hearing for offenders on parole.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0073 - Return to DOC for a Period of Greater than 12 months

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Post-prison supervision may be revoked and an
			 offender returned to the custody of the Department of Corrections for a sanction
			 that exceeds 12 months when:
(a) The offender is
			 currently in violation of a condition of supervision; and
(b) The offender scores at least a total of 44
			 points on the scale in Exhibit R of these rules; and
(c) The community corrections agency supervising
			 the offender and/or a hearings officer recommend a return to the Department of
			 Corrections for a sanction exceeding 12 months; and
(d) The Board finds that a sanction exceeding 12
			 months is appropriate.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0075 - Parolees/Offenders Convicted of New Crime in This or Another Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an offender has
			 violated parole or post-prison supervision as a result of a conviction of a new
			 crime and the court has ordered a prison term to the Department of Corrections,
			 parole or post-prison supervision terminates without a violation hearing by
			 operation of ORS 144.345(2).
(2) Upon release from custody, if the Oregon
			 sentence has not expired, Oregon supervision shall resume either in another
			 jurisdiction under Interstate Compact or in Oregon. If, in preparing the re-release
			 plan, the Department of Corrections cannot arrange supervision under Interstate
			 Compact, the offender shall report for supervision.
(3) The Sanction Authority shall make extradition
			 decisions on a case-by-case basis in cooperation with the holding
			 jurisdiction.
(4) If the offender
			 absconded supervision, the Sanction Authority shall count the inoperative time from
			 the date the Sanction Authority issued its arrest and detention warrant to the
			 arrest date in Oregon or if arrested out of state, upon return to Oregon custody.
			 The Board shall forward the dates to the Department of Corrections for use in
			 recalculating the sentence good time and expiration dates for those offenders under
			 the Board's jurisdiction. For those not under the Board's authority, the inoperative
			 time shall be calculated by the Supervisory Authority's designee.
Stat. Auth.: ORS
				  144.050, ORS
				  144.140 & ORS
				  144.343
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 525 OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0078 - Commencement Date for Prison Term Following a Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commencement date for a new commitment
			 which is concurrent to an incarceration sanction for a violation of parole or
			 post-prison supervision shall be the sentencing date for the new crime.
(2) The commencement date for a new commitment
			 which is consecutive to an incarceration sanction for a violation of parole or
			 post-prison supervision shall be either the release date established for the
			 violation or the sentencing date for the new crime, whichever is later.
(3) Notwithstanding subsection (2) of this rule,
			 when the new commitment is consecutive to a sanction for a violation, the Sanction
			 Authority may treat the violation and the new commitment as if they were concurrent.
			 If treated as concurrent, the commencement date for the new commitment shall be the
			 sentencing date for the new crime plus adjustment for credit for time
			 served.
(4) If the offender is returned
			 with a parole or post-prison supervision violation and a new sentence which is
			 consecutive to the sentence for which the offender was on parole, the commencement
			 date for the new conviction shall be the date parole was revoked, if so stated on
			 the court order.
Stat. Auth.: ORS
				  144.346, ORS
				  144.395, ORS
				  144.780 & ORS
				  144.783
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 525 OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0079 - Guidelines for Re-release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 technical violations:
(a) An offender whose parole
			 has been revoked may serve further incarceration of up to 90 days for each
			 revocation, except when re-release is denied pursuant to OAR 255-075-0096.
(b) An offender sentenced to post-prison
			 supervision who has been revoked and returned to custody may serve further
			 incarceration of up to 90 days for each return, not to exceed the total revocation
			 sanction days allowed in OAR 213-011-0004.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0080 - Continuance on Parole or Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Sanction Authority may continue an offender on parole or post-prison supervision and
			 order modification of conditions and/or sanction to time served.
(2) The Sanction Authority may continue an
			 offender on parole or post-prison supervision and order administrative sanctions as
			 limited by OAR 255-075-0067.
Stat. Auth.: ORS
				  144.106, ORS
				  144.343 & ORS
				  144.345(1)
Stats. Implemented: ORS
				  144.096, ORS
				  144.098, ORS
				  144.102, ORS
				  144.106, ORS
				  144.108, ORS
				  144.346 & Ch. 525 OL 1997
				  (Enrolled SB 156)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0096 - Denial of Rerelease Consideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon a finding of aggravation pursuant to Exhibit E or Exhibit H, the Board may deny
			 rerelease on parole and set the parole release date up to two (2) days before the
			 statutory good time date, or, in the case of murder or aggravated murder, require
			 the parole violator to serve for life. This action requires the affirmative vote of
			 a majority of members, except that if the result is life imprisonment, the full
			 Board must vote unanimously.
(2) Denial
			 of rerelease on parole requires a future disposition hearing.
(3) Cases in which the Board sets a parole
			 violator within the guidelines set forth in rule 255-075-0079  and the result
			 requires the parole violator to serve to the end of the sentence, do not require a
			 majority vote of all members.
(4) At any
			 time after denial of rerelease, the Board may adjust the parole release date to
			 accommodate changes in the good time date.
Exhibits referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  144.085,
				  144.120,
				  144.245,
				  144.395,
				  144.780  & 144.783 - 787
Statutes/Other Implemented: ORS
				  144.085,
				  144.120,
				  144.245,
				  144.395,
				  144.780  & 144.783 - 787
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0097 - Time for Future Disposition Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
When the Board holds a future disposition hearing pursuant to OAR
				255-075-0072(2)  or 255-075-0096, the following timelines shall apply:
(1) If the offender has a new conviction, the
			 Board may schedule the future disposition hearing at the same time as the new prison
			 term hearing.
(2) If the offender has no
			 new conviction or has no prison term hearing, the Board shall schedule the future
			 disposition hearing within 60 days of return to the institution.
Stat. Auth.: ORS
				  144.050, ORS
				  144.140 & ORS
				  144.395
Stats. Implemented: ORS
				  144.050, ORS
				  144.140 & ORS
				  144.395
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0098 - Restoration of Statutory and Meritorious Goodtime

Current through Register Vol. 63, No. 7, July 1, 2024
Upon recommendation of the superintendent of the institution, the
				Board may restore part or all of forfeited statutory and meritorious goodtime
				when:
(1) There is no violation of parole;
			 or
(2) Parole is revoked on a best
			 interest basis and there is no actual parole violation; or
(3) Parole is revoked on a technical violation;
			 or
(4) Parolee is within 180 days of
			 discharge; or
(5) Parole is revoked for
			 new criminal activity which is a misdemeanor or non person-to-person class C felony
			 and:
(a) The new criminal activity was already
			 sanctioned at the local level; or
(b)
			 The criminal activity is not of the same nature as the crimes for which the parolee
			 was on parole.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 75 - PROCEDURES FOR RESPONSES TO PAROLE AND POST-PRISON SUPERVISION CONDITIONS VIOLATIONS FOR OFFENDERS UNDER THE JURISDICTION OF THE BOARD OF PAROLE AND POST-PRISON SUPERVISION OR LOCAL SUPERVISORY AUTHORITY › Section 255-075-0100 - Future Disposition Hearing Packet

Current through Register Vol. 63, No. 7, July 1, 2024
The Future Disposition Hearing Packet shall contain:
(1) Institution face sheet;
(2) Revocation recommendation;
(3) Final order of revocation;
(4) Administrative action sheet;
(5) Revocation hearing findings;
(6) Board Action Form ordering parole or Board
			 Action Form ordering post-prison supervision conditions;
(7) Disciplinary report, when extension is
			 recommended;
(8) Recommendation
			 regarding statutory and meritorious goodtime;
(9) Correspondence;
(10) Statements of imprisonment for
			 violation;
(11) Face sheet from old
			 parole analysis report or comparable report; and
(12) Adult in custody's Notice of Rights and Board
			 of Parole & Post-Prison Supervision Procedures.
Statutory/Other Authority: ORS
				  144.185  & 144.395
Statutes/Other Implemented: ORS
				  144.185,
				  144.395,
				  ORS
				  144.343  & 144.615
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0001 - Exhaustion of Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Board order is
			 final and effective the date it is signed, however it is not final for purposes of
			 the time period within which to appeal to the Court of Appeals until the
			 inmate/offender exhausts his or her administrative review remedies.
(2) An inmate/offender has exhausted his or her
			 administrative remedies after complying with OAR 255-080-0005  and 255-080-0008, and
			 after the Board denies review, or grants review and either denies or grants relief.
			 The Board shall notify the inmate/offender that exhaustion has occurred and the time
			 for judicial appeal of appealable orders shall run from the mailing date of the
			 notice.
Stat. Auth.: ORS
				  144.335
Stats. Implemented: ORS
				  144.335
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0005 - Procedure for Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 offender may obtain administrative review of a final Board action by sending a
			 request for review to the Board within forty-five (45) days after the mailing date
			 on the Board's final action on the issue to be reviewed.
(2) The Board will reject an untimely request for
			 administrative review. Timeliness will be determined as follows for all Board
			 actions except Orders of Supervision:
(a) The
			 request is physically received by the Board on or before the 45th day after the
			 mailing date on the Board's final action on the reviewed issue; or
(b) The request is delivered to the Board:
(A) by mail in an envelope bearing a United States
			 Postal Service (USPS) cancellation stamp, a USPS postage meter electronic imprint,
			 sticker, or stamp, a postage meter sticker or stamp from a "postage evidencing
			 system" that is regulated and approved for use by the United States Postal Service
			 pursuant to  39 CFRs. 501,
et seq.
, that is dated on or before the
			 45th day after the mailing date on the Board's final action: a postage evidencing
			 system refers to postage by any method other than postage stamps and includes (but
			 is not limited to) postage meters; or
(B) by a parcel delivery service such as, or
			 comparable to, United Parcel Service, Federal Express, or Airborne Express, that
			 indicates the date on which the parcel delivery service received material for
			 delivery to the Board, which date is on or before the 45th day after the mailing
			 date on the Board's final action.
(C) If
			 the Board finds that the administrative review request was not:
(a) placed in the mail on the date indicated on
			 the postage meter sticker or stamp or
(b) delivered to the parcel delivery service on
			 the date indicated on the parcel delivery service receipt, the delivery rules in OAR
			 255-080-005(2)(b)(i) and (ii) shall not apply.
(c) In the case of an inmate, if there is no
			 legible USPS cancellation stamp or other postal mailing verification as defined in
			 paragraph (2)(b) above, the request will be treated as timely if the inmate signed
			 and dated the request and placed it in the institutional mailing system, following
			 all applicable Department of Corrections rules, on or before the 45th day after the
			 mailing date on the Board's final action.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0008 - Specifications for Administrative Review Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The request for administrative review shall be
			 substantially in the form specified by the Board in Exhibit O, Administrative Review
			 Request Form, and shall contain:
(a) The name and
			 SID # of the person requesting review.
(b) The heading "Request for Administrative
			 Review"
(c) Identification of the Board
			 action or order for which review is requested, by name of action (i.e., BAF #3,
			 Order of Supervision, etc.) and date of action.
(d) A plain and concise statement of the points
			 for which the offender wants review, specifically identifying how the challenged
			 Board action is alleged to be in violation of statutes or Board rules, or how it is
			 alleged that the decision was not supported by evidence in the record, or in what
			 other way the offender believes the Board's action to be in error. A request for
			 administrative review must concisely explain how the case fits the criteria for
			 review listed in OAR 255-080-0010.
(e)
			 The request must state, where applicable, what statute, administrative rule, or
			 constitutional provision is alleged to have been violated, including the effective
			 date of the law or rule.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0010 - Criteria for Granting a Review

Current through Register Vol. 63, No. 7, July 1, 2024
The criteria for granting a review are:
(1) The Board action is not supported by evidence
			 in the record; or
(2) Pertinent
			 information was available at the time of the hearing which, through no fault of the
			 offender, was not considered; or
(3)
			 Pertinent information was not available at the time of the hearing, e.g.,
			 information concern?ing convictions from other jurisdictions; or
(4) The action of the Board is inconsistent with
			 its rules or policies and the inconsistency is not explained; or
(5) The action of the Board is in violation of
			 constitutional or statutory provisions or is a misinterpretation of those
			 provisions.
(6) The action of the Board
			 is outside its statutory grant of discretion.
Stat. Auth.: ORS
				  144.335 &
				  183.482(8)
Stats. Implemented: ORS 144.225 &
				  183.482(8)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0011 - Limitations on Requests for Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
All administrative review requests will be screened by a Board
				member or a Board designee who shall deny further review of the following:
(1) Administrative review requests determined to
			 be untimely pursuant to rule 255-080-0005;
(2) Requests in which the subject matter relates
			 to a hearing or review and/or Board order other than the Board order being appealed;
(3) Board orders that are not final;
(4) Requests that fail to comply with
			 the requirements of OAR 255-080-0008.
Stat. Auth.: ORS
				  144.335
Stats. Implemented: ORS
				  144.335
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0012 - Administrative Review Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Board or its designee determines that the request for review is consistent with the
			 criteria in OAR 255-080-0010  and the limits of 255-080-0011, the Board may open the
			 case for review.
(2) The Board may open
			 a case for reconsideration of a finding without receiving a request, without regard
			 to time limits, and without opening all findings for review and appeal.
(3) The Board may conduct the review using the
			 following methods:
(a) Administrative file pass,
			 with the number of concurring votes required by OAR 255-030-0015; or
(b) Other administrative action by the Board or
			 its designee, e.g., to correct errors in the history risk score, crime category,
			 credit for time served, inoperative time or adjusted commitment dates; or
(c) Administrative hearing, in cases where review
			 would cause an adverse result for the prisoner.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 80 - ADMINISTRATIVE APPEAL › Section 255-080-0015 - Administrative Review Hearing Packet

Current through Register Vol. 63, No. 7, July 1, 2024
The Administrative Review Hearing Packet shall contain:
(1) Institution face sheet;
(2) Board Action Form granting administrative
			 review;
(3) All information attached to
			 the Board Action Form granting review;
(4) Administrative review request;
(5) All Board Action Forms since the prison term
			 hearing;
(6) Psychological evaluations
			 (last six months);
(7)
			 Correspondence;
(8) Field parole
			 analysis report or comparable report;
(9) Court orders; and
(10) Inmates' Rights and Board of Parole and
			 Post-Prison Supervision Procedures.
Stat. Auth.: ORS 144
Stats. Implemented: ORS
				  144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 85 - SEX OFFENDER NOTIFICATION LEVELS › Section 255-085-0005 - Policy and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 classifying agency at initial classification and reassessment will assess the
			 registrant's risk as it was at the time of their release from their index offense. A
			 classifying agency will not consider desistance when using the Static-99R instrument
			 to assess an individual. If the Static-99R coding manual, Exhibit STATIC-99R, and
			 Board rules conflict, Board rules prevail.
(2) The Board is statutorily required to adopt
			 rules to carry out the provisions of section 163A.105. These rules describe the
			 processes that classifying agencies will follow when they perform risk assessments
			 and classify sex offenders into notification levels.
Statutory/Other Authority: ORS
				  163A.100  & 163A.105
Statutes/Other Implemented: ORS
				  163A.100  & 163A.105
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 85 - SEX OFFENDER NOTIFICATION LEVELS › Section 255-085-0020 - Sex Offender Risk Assessment Methodology

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Classifying agencies shall place each registrant into one of the following levels:
(a) Notification Level 1: A registrant who
			 presents the lowest risk of reoffending and requires a limited range of
			 notification;
(b) Notification Level 2:
			 A registrant who presents a moderate risk of reoffending and requires a moderate
			 range of notification; or
(c)
			 Notification Level 3: A registrant who presents the highest risk of reoffending and
			 requires the widest range of notification.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 85 - SEX OFFENDER NOTIFICATION LEVELS › Section 255-085-0030 - Assessments and Reassessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Automatic Assessments. Classifying agencies shall classify the following registrants
			 as Level 3 sex offenders:
(a) A person who was
			 previously designated as a predatory sex offender between February 10, 2005 and
			 December 31, 2013;
(b) A person who is
			 designated as a sexually violent dangerous offender under ORS
			 137.765;
(c) A registrant who has failed or refused to
			 participate in a sex offender risk assessment.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 85 - SEX OFFENDER NOTIFICATION LEVELS › Section 255-085-0040 - Reviews - Adult Male Registrants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 objections trigger review consideration. Written objections are limited to
			 presenting factual evidence regarding the Static-99R score and must be plain,
			 concise, and directly related to specific items on the Static-99R that the
			 registrant claims were not scored correctly. Additional documentation in support of
			 the request may be included and shall not exceed 10 pages. Documentation must be
			 written clearly and legibly on standard 8.5" x 11" white paper, each page shall have
			 margins of at least 1" on all sides, and pages shall be consecutively numbered on
			 the right side at either the top or bottom of the page. All objections must be
			 indicated on forms provided by the Board and any claims or allegations included
			 solely in the supporting documents will not be considered. All writing shall be
			 legible and capable of being read and photocopied without difficulty.
(2) Criteria for Denying a Review:
(a) Time for objections has passed;
(b) A Hearings Officer reviewed a timely written
			 objection to an assessment and the Board issued a final order responding to the
			 objection;
(c) A Notice of Rights form
			 was submitted waiving review;
(d)
			 Non-compliance with 255-085-0040(1); or
(e) Information was already considered in a
			 previous review.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 85 - SEX OFFENDER NOTIFICATION LEVELS › Section 255-085-0050 - Reviews- Other Registrants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 objections trigger review consideration. Written objections are limited to
			 contesting factual findings in the assessment and must be plain and concise.
			 Additional documentation in support of the objection may be included and shall not
			 exceed 10 pages. Documentation must be written on standard 8.5" x 11" white paper,
			 each page shall have margins of at least 1" on all sides, and pages shall be
			 consecutively numbered on the right side at either the top or bottom of the page.
			 All objections must be indicated on forms provided by the Board and any claims or
			 allegations included solely in the supporting documents will not be considered. All
			 writing shall be legible and capable of being read and photocopied without
			 difficulty.
(2) Criteria for Denying a
			 Review:
(a) Time for objections has
			 passed;
(b) A Hearings Officer reviewed
			 a timely written objection to an assessment and the Board issued a final order
			 responding to the objection;
(c) A
			 Notice of Rights form was submitted waiving review;
(d) Non-compliance with 255-085-0050(1);
			 or
(e) Information was already
			 considered in a previous review.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 85 - SEX OFFENDER NOTIFICATION LEVELS › Section 255-085-0061 - Classification and Final Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 classifying agency will apply the results of a risk assessment or review by
			 reviewing the documents relied upon for the assessment, and any relevant documents
			 from a review, and will place the person into a notification level.
(2) Following a Board decision, the Board shall
			 send notice of the Board's order to the registrant and any Board registered
			 victims.
(3) The classifying agency
			 shall send notice to the Department of State Police of the registrant's notification
			 level.
Statutory/Other Authority: ORS
				  163A.100,
				  ORS
				  163A.105,
				  ORS
				  163A.110,
				  ORS
				  163A.115,
				  ORS
				  163A.125,
				  ORS
				  144.050  & ORS
				  144.140
Statutes/Other Implemented: ORS
				  163A.100,
				  ORS
				  163A.105,
				  ORS
				  163A.110,
				  ORS
				  163A.115,
				  ORS
				  163A.125,
				  Section 7, Chapter 708, Oregon Laws 2013, as amended by Section 27, Chapter 820,
				  Oregon Laws (2015), SB 767 (2017) & HB 2320
				  (2015)
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0005 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 Oregon Revised Statutes 163A.125, the Legislative Assembly provided that persons who
			 are required to register as sex offenders may be relieved of that obligation or may
			 be reclassified to a lower notification level. A person who is required to report as
			 a sex offender under ORS
			 163A.010,
			 163A.015 or
			 163A.020 and who is classified as a level one sex offender under ORS
			 163A.100(1)
			 may petition the Board of Parole and Post-Prison Supervision (Board) to relieve the
			 person from the obligation to report as a sex offender. A person who is required to
			 report as a sex offender and who is classified as a level two sex offender under ORS
			 163A.100(2)
			 may petition the Board to reclassify the person as a level one sex offender under
			 ORS
			 163A.100(1);
			 and a person who is required to report as a sex offender and who is classified as a
			 level three sex offender under ORS
			 163A.100(3)
			 may petition the Board to reclassify the person as a level two sex offender under
			 ORS
			 163A.100(2).
(2) The Board is statutorily required to adopt
			 rules to carry out the provisions of section 163A.125. These rules describe the
			 processes that the Board will follow when it conducts hearings, notifies registrants
			 of the results, and reviews objections.
Statutory/Other Authority: ORS
				  163A.105,
				  ORS
				  163A.115,
				  ORS
				  163A.125  & ORS
				  144.005
Statutes/Other Implemented: ORS
				  163A.115  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to this Division:
(1) "Board registered victim" means a victim of
			 the registrant, as defined in OAR 255-005-0005, who is registered with the
			 Board.
(2) "Hearing packet" means
			 information relevant to the purpose of the hearing, which may include: sexual
			 offense history; criminal history; risk scoring sheet; notice of rights; Presentence
			 Investigation (PSI), Post-sentence Investigation Report (PSR), Parole Analyst Report
			 (PAR), or report of similar content; sentencing/judgment orders; Department of
			 Corrections Inmate Face sheet; other relevant material selected at the Board's
			 discretion.
(3) "Reclassification" means
			 the lowering of a registrant's notification level from level three to level two, or
			 from level two to level one, and the process that the Board uses to make those
			 determinations.
(4) "Registrant" means a
			 person convicted of a sex crime and required to register as a sex offender or found
			 guilty except for insanity of a sex crime and required to register as a sex offender
			 under ORS Chapter 163A.
(5) "Relief from
			 registration" and "relief from reporting" mean the registrant's obligation to report
			 as a sex offender in Oregon is terminated. A person who has relief from registration
			 does not have to register as a sex offender in Oregon.
Additional definitions are found in Oregon Administrative Rules
				255-005-0005  and 255-085-0010.
Statutory/Other Authority: ORS
				  163A.105,
				  ORS
				  163A.115,
				  ORS
				  163A.125  & ORS
				  144.005
Statutes/Other Implemented: ORS
				  163A.115  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0020 - Determination of Eligibility for Relief from Sex Offender Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
Not every registrant is eligible for relief from the obligation to
				register. The Board will determine eligibility before reviewing a petition for
				relief.
(1) Forms - Registrants requesting
			 eligibility to petition shall use forms provided by the Board.
(2) Verification of eligibility - The Board will
			 determine eligibility using the criteria in subsection (3) below.
(3) Eligibility Criteria
(a) Qualifications - Registrants who are
			 classified as a level one sex offender and who live, work or go to school in Oregon,
			 may petition the Board for relief from registration.
(A) Five years after the date supervision for the
			 sex crime is terminated or, if the person was not subject to supervision for the sex
			 crime, five years after the date the person was discharged from the jurisdiction of
			 the court.
(B) Five years after date of
			 re-classification from a level two sex offender to a level one sex
			 offender.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0030 - Petitions for Relief

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forms - Petitions
			 must be submitted on forms provided by the Board. That restriction does not apply to
			 additional documentation necessary to support the petition, as described
			 below.
(2) Submitting Materials
(a) Petitions must be complete when submitted.
			 Incomplete petitions may be returned and may be denied. Materials must be legible
			 and able to be copied.
(b) Petitions and
			 accompanying documents shall be submitted to the Board by email, mail or via the
			 Board's website.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0040 - Scheduling Hearings for Relief from Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a determination of eligibility and upon
			 receipt of a petition, the Board may complete a review and reassessment of the
			 registrant's sex offender notification level utilizing the Board's risk assessment
			 methodology. This reassessment will verify the information and determine the
			 registrant's sex offender notification level.
(2) If the review changes the registrant's
			 classification level, and also reveals new information that was not available at the
			 time that the registrant was provided the opportunity to make objections,
			 notification will be made under 255-085-0030(4)  and registrant may object as
			 provided in that rule. Under this section, objections are limited to the new
			 information provided in this notification.
(3) If the Board determines that the registrant is
			 a level one sex offender, the Board will schedule a hearing.
(4) The Board will provide the registrant, Board
			 registered victims, and the district attorney with notice and a hearing packet at
			 least 30 days before the hearing. This notice period can be waived.
(5) A request for rescheduling a hearing must be
			 made at least 30 days before the hearing. The Board has the discretion to grant or
			 deny a request for rescheduling.
Statutory/Other Authority: ORS
				  163A.105,
				  ORS
				  163A.115,
				  ORS
				  163A.125  & ORS
				  144.005
Statutes/Other Implemented: ORS
				  163A.115  & ORS
				  163A.125
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0050 - Determination of Eligibility for Reclassification of Sex Offender Notification Level

Current through Register Vol. 63, No. 7, July 1, 2024
Not every registrant is eligible for reclassification. The Board
				will determine eligibility before reviewing a petition for reclassification.
(1) Forms - Registrants requesting eligibility to
			 petition shall use forms provided by the Board.
(2) Verification of eligibility - The Board will
			 determine eligibility using the criteria in subsection (3) below.
(3) Eligibility Criteria
(a) Qualifications - Registrants who are
			 classified a level three sex offender or level two sex offender and who live, work
			 or go to school in Oregon, may petition the Board for reclassification:
(A) Ten years after the date supervision for the
			 sex crime is terminated; or,
(B) if the
			 person was not subject to supervision for the sex crime, ten years after the date
			 the person was discharged from the jurisdiction of the court as provided in
			 163A.125(2)(e).
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0060 - Petitions for Reclassification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forms
(a) Petitions must be submitted on forms provided
			 by the Board. That restriction does not apply to additional documentation necessary
			 to support the petition, as described below.
(b) Upon receipt of any qualifying petition, the
			 Board will conduct a review of the sex offender notification
			 level.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 87 - RELIEF FROM REPORTING AND LEVEL RECLASSIFICATION PETITIONS AND HEARINGS FOR ADULT SEX OFFENDERS › Section 255-087-0070 - Scheduling Hearings for Reclassification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After determination of eligibility and upon
			 receipt of a petition, the Board will complete a reassessment of the registrant's
			 sex offender notification level utilizing the Board's risk assessment methodology.
			 The Board may schedule a hearing if the risk assessment shows the registrant as
			 presenting a low risk of reoffending, and the registrant is classified as a level
			 three or level two sex offender; or the risk assessment shows the registrant as
			 presenting a moderate risk of reoffending and the registrant is classified as a
			 level three sex offender.
(2) The Board
			 will provide the registrant, Board registered victims, and the district attorney
			 with notice and a hearing packet at least 30 days before the hearing. This notice
			 period can be waived.
(3) A request for
			 rescheduling a hearing must be made at least 30 days before the hearing. The Board
			 has the discretion to grant or deny a request for rescheduling.
Statutory/Other Authority: ORS
				  163A.105,
				  ORS
				  163A.115,
				  ORS
				  163A.125  & ORS
				  144.005
Statutes/Other Implemented: ORS
				  163A.115  & ORS
				  163A.125