Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0120 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sentencing
			 Restrictions on Eligibility:
(a) Persons
			 incarcerated for parole revocation sanctions shall not be eligible for
			 short-term transitional leave.
(b)
			 Persons incarcerated for post-prison supervision revocation sanctions shall not
			 be eligible for short-term transitional leave pursuant to ORS
			 144.108(3)(b).
(c) Any person serving a sentence for a crime
			 committed prior to November 1, 1989 (matrix offense), shall not be eligible for
			 short-term transitional leave.
(d)
			 Any person serving a sentence under the provisions of ORS
			 161.610 (using a firearm during
			 the commission of a felony) shall not be eligible for short-term transitional
			 leave until the person has served the minimum incarceration term imposed by the
			 court less earned time under ORS
			 421.121.
(e) Any person serving a sentence under the
			 provisions of ORS 161.725 to
			 161.737 (dangerous offenders)
			 shall not be eligible for short-term transitional leave even if the Board of
			 Parole and Post-Prison Supervision finds that the condition that made the
			 person dangerous is absent or in remission and sets a post-prison supervision
			 release date.
(f) Any person
			 serving a sentence under the provisions of ORS
			 137.635,
			 137.700, and
			 137.707 shall not be eligible
			 for short-term transitional leave regardless of the date the crime was
			 committed.
(g) Any person sentenced
			 on or after January 1, 2018 and serving a sentence under the provisions of ORS
			 137.690,
			 164.061,
			 475.907,
			 475.925,
			 475.930, or
			 813.011 shall not be eligible
			 for short-term transitional leave.
(h) With the exception of sentences covered
			 in subsection (h) of this section, a person shall not be eligible to
			 participate in short-term transitional leave during service of a sentence for
			 conviction of a crime listed below:
(A) ORS
			 163.095 (Aggravated, Attempted
			 Aggravated, or Conspiracy to Commit Aggravated Murder),
(B) ORS
			 163.115 (Murder, Attempted
			 Murder, or Conspiracy to Commit Murder),
(C) ORS
			 163.118 (Manslaughter
			 I),
(D) ORS
			 163.125 (Manslaughter
			 II)
(E) ORS
			 163.175 (Assault II)
(F) ORS
			 163.185 (Assault I),
(G) ORS
			 163.149 (Aggravated Vehicular
			 Homicide),
(H) ORS
			 163.225 (Kidnapping
			 II)
(I) ORS
			 163.235 (Kidnapping
			 I),
(J) ORS
			 163.365 (Rape II),
(K) ORS
			 163.375 (Rape I),
(L) ORS
			 163.395 (Sodomy II),
(M) ORS
			 163.405 (Sodomy I),
(N) ORS
			 163.408 (Unlawful Sexual
			 Penetration II),
(O) ORS
			 163.411 (Unlawful Sexual
			 Penetration I),
(P) ORS
			 163.427 (Sexual Abuse
			 I),
(Q) ORS
			 163.670 (Use of a Child in
			 Display of Sexually Explicit Conduct),
(R) ORS
			 164.325 (Arson I),
(S) ORS
			 164.405 (Robbery II)
(T) ORS
			 164.415 (Robbery I),
			 or
(U) ORS
			 167.017 (Compelling
			 Prostitution).
(i) A
			 person is eligible for short-term transitional leave during service of a
			 sentence for conviction of the following crimes after conditions are met as
			 outlined in ORS 137.712:
(A) Any person serving a sentence under the
			 provisions of ORS 137.712 for Robbery II,
			 Kidnapping II, or Assault II committed:
(i)
			 On or after April 1, 1995 and prior to December 5, 1996 is eligible for
			 short-term transitional leave.
(ii)
			 On or after December 5, 1996 is eligible for short-term transitional leave only
			 upon order of the sentencing court as directed in the judgment pursuant to ORS
			 137.750.
(B) Any person serving a sentence under the
			 provisions of ORS 137.712 for Manslaughter II
			 committed on or after October 23, 1999 is eligible for short-term transitional
			 leave only upon order of the sentencing court as directed in the judgment
			 pursuant to ORS 137.750.
(C) Any person serving a sentence under the
			 provisions of ORS 137.712 for Rape II, Sodomy II,
			 Unlawful Sexual Penetration II, or Sex Abuse 1 committed on or after January 1,
			 2002 is eligible for short-term transitional leave only upon order of the
			 sentencing court as directed in the judgment pursuant to ORS
			 137.750.
(D) If otherwise eligible under Oregon law,
			 any person serving a sentence for a crime committed on or after December 5,
			 1996, shall be eligible for short-term transitional leave only upon order of
			 the sentencing court as directed in the judgment pursuant to ORS
			 137.750.