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 255-075-0067 - Final Action: Authority to Impose Administrative (Local) Sanctions, Revoke Supervision or Modify Conditions of Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an offender waives a hearing after receipt
			 and review of the notice of rights, as provided in OAR 255-075-0005(6)  a supervising
			 officer may order administrative sanctions, including a local confinement sanction
			 not exceeding thirty (30) days. The Local Supervisory Authority's designee may
			 review the decision to order a local confinement sanction if the offender's
			 underlying sentence was for 12 months or less. The Board may review the decision if
			 the underlying sentence was more than 12 months.
(2) After a hearing, or if an offender waives a
			 hearing after receipt of the notice of rights, as provided in OAR 255-075-0005(6), a
			 Hearings Officer or agency designee may order administrative sanctions, including a
			 local confinement sanction not exceeding sixty (60) days. The Hearings Officer or
			 agency designee shall send a copy of the final order and report to the Sanction
			 Authority and, upon request, shall send the record of the hearing as described in
			 OAR 255-075-0056. The Hearings Officer or agency designee shall retain the record
			 for four (4) years.
(3) After a hearing,
			 or waiver, the Board may order administrative sanctions for offenders originally
			 sentenced to more than 12 months, and a Local Supervisory Authority designee may
			 order administrative sanctions for offenders originally sentenced to 12 months or
			 less. The Board or a Local Supervisory Authority designee ordered local
			 administrative confinement sanction may not exceed ninety (90) days.
(4) The Board (for offenders originally sentenced
			 to more than 12 months) or the Local Supervisory Authority designee (for offenders
			 originally sentenced to 12 months or less) may override any sanction ordered by a
			 supervising officer, agency designee or Hearings Officer.
(5) Administrative Sanctions, including local
			 confinement shall be applied in accordance with the Department of Corrections rules
			 for structured, intermediate sanctions, OAR 291-058-0010  et al., subject to jointly
			 drafted revisions by the Department of Corrections and the Board.
(6) If an administrative sanction is not
			 sufficient to address the violation or to protect the public, the Sanction Authority
			 may revoke supervision for a period(s) as set out in OAR 255-075-0079, or deny
			 re-release for offenders on parole.
(7)
			 Conditions of supervision may be modified at any time by the Sanction Authority when
			 necessary for the offender or public safety. If an offender objects to the
			 modification, administrative review must be made within 45 days of the mailing date
			 on the Board order or receipt of a written order by the Local Supervisory
			 Authority.
Stat. Auth.: ORS
				  144.106 & 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)