Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 58 - STRUCTURED, INTERMEDIATE SANCTIONS › Section 291-058-0045 - Imposition of Administrative Sanctions/Interventions on Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The officer
			 shall determine whether the alleged violation behavior is appropriately
			 responded to with interventions or with structured, intermediate sanctions, or
			 both.
(2) If the officer
			 determines that the alleged violation behavior is appropriately responded to
			 with an intervention, the officer may direct the offender into appropriate
			 interventions outside of the administrative sanctioning process as authorized
			 by the agency.
(3) If the officer
			 determines that the alleged violation behavior is appropriately responded to
			 with administrative sanctions, the officer shall determine and impose
			 appropriate administrative sanctions using the Administrative Sanctions
			 Sanctioning Grid (Attachment A) and the Sanction Equivalency Table (Attachment
			 B), and the following procedures:
(a)
			 Identify the offender's current supervision level.
(b) Identify the behavior severity level
			 using the Behavior Severity Chart on the Administrative Sanctions Sanctioning
			 Grid. For a series of violations, select the violation that fits into the
			 highest behavior severity level.
(c) Using the supervision and behavior
			 severity levels, identify the appropriate behavior level response block
			 (custody/non-custody responses) for sanction response options.
(d) For probation cases, determine the number
			 of jail and non-jail custody/sanction units remaining for use as structured,
			 intermediate sanctions applicable to the offender's probationary sentence or
			 order. There is no limit to the amount of total sanction time that can be
			 imposed during a period of parole or post-prison supervision or on compact
			 cases.
(e) Determine the
			 appropriate sanction response to impose. Sanctions may not exceed the maximum
			 number of custody/sanction units as indicated on the Administrative Sanctions
			 Sanctioning Grid, using the Sanction Equivalency Table.
(f) An administrative sanction or
			 intervention at the agency level cannot be imposed on more than one case at a
			 time, and cases cannot be sanctioned separately for individual violations
			 arising from a series of violations.
(g) If the indicated level of sanction
			 response is considered insufficient to address the seriousness of the violation
			 behavior, a higher level of sanction, up to and including returning an offender
			 to court or the Board of Parole and Post-Prison Supervision, may be imposed
			 only after consultation and agreement of the unit supervisor or approval
			 process established by the agency or local supervisory authority. For
			 revocation recommendations submitted under this section of rule, an offender
			 may be returned to court or the Board of Parole and Post-Prison Supervision
			 only after consultation with the unit supervisor and the agreement of the local
			 supervisory authority or designee.
(h) Level of Authority for Probation Cases:
			 Determine the level of authority that may impose the sanction (agency or
			 court). Jail confinement imposed as an administrative sanction may not exceed
			 60 days per violation report. The total number of days of jail confinement for
			 all violation reports per conviction may not exceed the maximum number of
			 available jail custody/sanction units as provided by rules of the Criminal
			 Justice Commission. The officer shall follow agency policy for supervisory
			 review when imposing jail confinement sanctions.
(A) If the appropriate sanction falls within
			 the agency level designation, the officer shall impose the sanction following
			 agency procedures for consultation with supervisory personnel.
(B) If the appropriate sanction falls within
			 the court level designation, the officer may impose a sanction from the agency
			 level designation or report the violation behavior to the court with a
			 recommendation that the appropriate sanction from the court level designation
			 be imposed.
(C) If the offender has
			 previously served all of the available custody/sanction units applicable to
			 his/her probationary sentence or order, the officer may order appropriate
			 interventions or report the violation to the court for disposition.
(i) Level of Authority for Parole
			 and Post-Prison Supervision and Compact Cases: Determine the level of authority
			 that may impose the sanction (i.e., officer, hearings officer or other agency
			 designee, Board of Parole and Post-Prison Supervision, local supervisory
			 authority, or releasing authority for compact cases).
(A) An officer may order local sanctions
			 including a local confinement sanction not exceeding 30 days.
(B) A hearings officer or agency designee may
			 order local sanctions including a local confinement sanction not exceeding 60
			 days.
(C) The Board of Parole and
			 Post-Prison Supervision, local supervisory authority, or releasing authority in
			 the state of conviction for compact cases may order administrative sanctions
			 not exceeding 90 days.
(D)
			 Revocation Sanctions: If structured sanctions are not felt sufficient to manage
			 the offender, the local supervisory authority or the Board of Parole and
			 Post-Prison Supervision shall hold a hearing to determine whether incarceration
			 is appropriate and may impose an appropriate revocation term of incarceration
			 in compliance with the Oregon Criminal Justice Commission rules (OAR
			 213-005-0004) and the Board of
			 Parole and Post-Prison Supervision rules (OAR 255-075).
(E) Revocation Sanctions for Compact Cases:
			 If structured sanctions are not felt sufficient to manage the offender, the
			 officer shall prepare a compact violation report detailing the alleged
			 violation and recommending the offender's return to the sending state to
			 address the violation behavior. A revocation sanction shall never be imposed on
			 a compact offender.
(F) An offender
			 ordered to serve a term of incarceration following revocation for a post-prison
			 supervision violation is not eligible for earned credit time or transitional
			 leave.
(G) An offender ordered to
			 serve a term of prison incarceration as a sanction for a post-prison
			 supervision violation shall receive credit for time served in a state or local
			 correctional facility on the supervisory violation prior to the Board of Parole
			 and Post-Prison Supervision's imposition of a prison term sanction.