reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0012 - Psychological or Psychiatric Reports

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to all persons in custody, except for any person
				in custody convicted of murder committed on or between November 1, 1989, and June
				29, 1995, who was not designated a dangerous offender at sentencing, and except to
				the extent that it is made inapplicable by rules in effect when the person in
				custody committed the crimes of conviction.
(1) After review of psychiatric and psychological
			 reports, and all other information or documents presented during a hearing, the
			 Board may defer parole release until a specified future date upon finding: The
			 person in custody has a present severe emotional disturbance, such as to constitute
			 a danger to the health or safety of the community.
(2) The Board shall not deny release on parole
			 solely because of a person in custody's present severe emotional disturbance. The
			 Board must also find the condition constitutes a danger to the health or safety of
			 the community.
(3) The Board may defer a
			 scheduled parole release date for no fewer than two years and no longer than ten
			 years. A deferral of longer than two years must comply with OAR 255 division 62 of
			 these rules.
(4) If the Board finds the
			 person in custody does not have a present severe emotional disturbance such as to
			 constitute a danger to the health or safety of the community, the Board shall affirm
			 the parole release date and set parole conditions.
(5) If the Board finds the person in custody has a
			 present severe emotional disturbance, but that the disturbance is not so severe as
			 to constitute a danger to the health or safety of the community, the Board may
			 affirm the parole release date and set parole conditions.
(6) For purposes of the Board finding that an
			 offender is a sexually violent dangerous offender pursuant to OAR 255-060-0018, the
			 Board may order a psychological or psychiatric evaluation.
Statutory/Other Authority: ORS
				  144.125,
				  144.223,
				  144.280,
				  144.635  & 144.637
Statutes/Other Implemented: ORS
				  144.125  & 144.223
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0013 - Postponement Order

Current through Register Vol. 63, No. 7, July 1, 2024
Any order regarding the postponement of parole release shall be sent
				to the prisoner and shall set forth:
(1)
			 The facts and specific reasons for the decision and the individual votes of the
			 Board members.
(2) Notice of the right
			 to administrative appeal pursuant to the procedures of division 80.
Stat. Auth.: ORS 144
Stats. Implemented:
				  ORS
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0016 - Procedures for Predatory Sex Offender Designation for Inmates

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) For
			 purposes of this rule, a predatory sex offender is defined as a person who exhibits
			 characteristics showing a tendency to victimize or injure others and has been
			 convicted of one or more of the following offenses: Rape in any degree, Sodomy in
			 any degree, Unlawful Sexual Penetration in any degree or Sexual Abuse in any degree,
			 or has been convicted of attempting to commit one or has been found guilty except
			 for insanity or one of these crimes. In determining whether an inmate or offender is
			 a predatory sex offender under this rule, the Board shall use the Static-99R
			 (Exhibit Q-1) and definitions (Exhibit Q-2), which have been approved by the
			 Department of Corrections as required by ORS
			 181.585(2). The
			 Board may also consider evidence that the inmate exhibits characteristics showing a
			 tendency to victimize or injure others.
(b) All exhibits referenced in this rule are filed with the rule and
			 are available at the Secretary of State's office, the Board's website, or on request
			 from the Board.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0018 - Offenders Eligible for Sexually Violent Dangerous Offender Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  "Sexually violent dangerous offender" is a person who is
				being released from custody after serving a sentence of incarceration as a
				result of conviction for an offense listed in subparagraph (a) of this
				paragraph, who has psychopathic personality features, sexually deviant arousal
				patterns or interests and a history of sexual assault, and who the State Board
				of Parole and Post-Prison Supervision or local supervisory authority finds
				presents a substantial probability of committing an offense listed in
				subparagraph (a) of this paragraph.
(a)  The offenses to which this rule applies are:
(A)  Rape in the first degree and sodomy in the first degree if
				the victim was:
(i)  Subjected to forcible compulsion by the person;
(ii)  Under 12 years of age; or
(iii)  Incapable of consent by reason of mental defect, mental
				incapacitation or physical helplessness;
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0020 - Out-of-State Parole Release Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An inmate in the Department of Corrections' custody who is housed in
				an out-of-state facility may receive a teleconference exit interview in conformance
				with rule 255-060-0006.
Stat. Auth.: ORS
				  144.098 & ORS
				  144.125
Stats. Implemented: ORS
				  144.098 & ORS
				  144.125
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 60 - RELEASE TO POST-PRISON SUPERVISION OR PAROLE AND EXIT INTERVIEWS › Section 255-060-0030 - Exit Interview Board Review Packet

Current through Register Vol. 63, No. 7, July 1, 2024
The exit interview Board Review Packet shall contain:
(1) Institution face sheet;
(2) All Board Action Forms since the prison term
			 hearing, if any;
(3) Psychiatric and/or
			 psychological evaluations (previous 6 months);
(4) Correspondence;
(5) Field parole analysis report, a pre-sentence
			 investigation report or comparable report;
(6) Court orders;
(7) Misconduct reports; and
(8) Release plan.
(9) Inmate's Notice of Rights and Board of Parole
			 & Post-Prison Supervision Procedures.
Stat. Auth.: ORS
				  144.096, ORS
				  144.098 & ORS
				  144.185
Stats. Implemented: ORS
				  144.096, ORS
				  144.098 & ORS
				  144.185
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 62 - SETTING OF PAROLE DEFERRAL PERIODS › Section 255-062-0006 - When Parole Deferral Periods May Occur

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the Board denies a petition for change
			 in terms of confinement of an inmate convicted of aggravated murder or murder, the
			 Board may not hold a subsequent hearing that is less than two years, or more than 10
			 years, from date petition is denied.
(2)
			 After the Board denies a firm parole or post-prison supervision release date for
			 certain inmates, the Board may not hold a subsequent hearing to consider granting a
			 release date in less than two years, or more than 10 years, from date on which
			 release on parole or post-prison supervision is denied.
(3) Upon finding that it is not reasonable to
			 expect that the inmate would be granted a change in the terms of confinement, or not
			 reasonable to expect that the inmate would be granted a firm release date, following
			 two years, the Board will deliberate and select a deferral date of between two and
			 10 years from the date of the decision, or from the date of the inmate's current
			 projected parole release date or current parole consideration date.
Stat. Auth.: ORS
				  183.335,
				  144.228,
				  144.232,
				  163.105,
				  163.115, OL 2009 Ch. 660
Stats. Implemented: ORS
				  144.228,
				  144.232,
				  163.105,
				  163.115, OL 2009 Ch.
				  660
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 62 - SETTING OF PAROLE DEFERRAL PERIODS › Section 255-062-0016 - Factors to be Considered in Establishing a Deferral Period Longer Than Two Years

Current through Register Vol. 63, No. 7, July 1, 2024
Following an interview and consideration of all the information
				presented at the hearing, the Board may find by majority vote of the members
				participating in the hearing, that it is not reasonable to expect that the inmate
				would be granted a change in the terms of confinement, or it is not reasonable to
				expect that the inmate would be granted a firm release date before the end of a
				specified deferral period, not to exceed ten years, based on one or more of the
				following non-exclusive factors:
(1) A
			 determination by the Board, based on the psychological evaluation and all the
			 information available at the hearing, that the inmate has a mental or emotional
			 disturbance, deficiency, condition, or disorder predisposing him/her to the
			 commission of any crime to a degree rendering the inmate a danger to the health or
			 safety of others;
(2) Infractions of
			 institutional rules and discipline;
(3)
			 Commission of crimes subsequent to the crime of conviction;
(4) Inmate's failure to demonstrate understanding
			 of the factors that led to his/her criminal offense(s);
(5) Inmate's demonstrated lack of effort to
			 address criminal risk factors of psychological or emotional problems;
(6) Inmate's demonstrated lack of effort to
			 address criminal risk factors of substance abuse problems;
(7) Failure to seek and maintain appropriate work
			 or training;
(8) Inmate's failure to
			 seek out and benefit from programming including but not limited to sex offender
			 treatment, batterers intervention programs, anger management, cognitive therapy, and
			 victim impact panels where available;
(9) Inmate's inability to experience or
			 demonstrate remorse or empathy;
(10)
			 Demonstrated poor planning and foresight;
(11) Demonstrated impulsivity; or
(12) Demonstrated lack of concern for others,
			 including but not limited to any registered victims.
(13) Refusal to participate in Board-ordered
			 psychological evaluation(s) and/or refusal to participate in Board hearing.
(14) The inmate is serving a concurrent
			 sentence over which the Board does not have release authority, and which has a
			 release date ten or more years from the projected parole release date on the Board
			 sentence.
Stat. Auth.: ORS
				  144.228,
				  144.232,
				  163.105,
				  163.115 & 2009 OL Ch. 660
Stats. Implemented: ORS
				  144.125,
				  144.228,
				  144.232,
				  144.280,
				  144.185,
				  163.105,
				  163.115 & 2009 OL Ch.
				  660
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 62 - SETTING OF PAROLE DEFERRAL PERIODS › Section 255-062-0021 - Request for Interim Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Board defers the inmate's next hearing for more than two years from the date a
			 petition is denied or from the current projected parole release date, current parole
			 consideration date, or current parole hearing date, the inmate may submit a request
			 for an interim hearing not earlier than the date that is two years from the date the
			 petition is denied or from the current projected parole release date, current parole
			 consideration date, or current parole hearing date, and at intervals of not less
			 than two years thereafter. The inmate bears the burden of producing evidence
			 sufficient to convince the Board that an interim hearing is warranted.
(2) Such petitions must conform to the following
			 format:
(a) Petitions must be created by any
			 process that makes a clear, legible, black or dark blue image, written on standard 8
			 ?" x 11" white or light blue paper, with margins of at least 1" on each side.
			 Handwritten petitions will be accepted, although typed documents are preferred. All
			 writing shall be legible and capable of being read without difficulty.
(b) In no more than one page, a summary outlining
			 how the inmate qualifies for an interim hearing.
(c) From the date of the last hearing to the
			 petition date, a current copy of the following documents:
(A) Oregon Corrections Plan;
(B) Earned time computation form;
(C) Spending Account;
(D) Disciplinary Reports, if any.
(d) In no more than 10 pages, any
			 supporting facts, information or documents relevant to the criteria outlined in OAR
			 255-062-0016, or other factors specific to how the inmate has demonstrated a
			 significant change or progress toward rehabilitation; the inmate may should list
			 certificates earned and dates of programs completed instead of submitting copies of
			 certificates.
(e) Although reference to
			 rules, codes, or laws may be appropriate, the Board will not accept or consider
			 additional pages or exhibits including copies of codebooks, manuals, other
			 manuscripts, certificates, news articles, legal opinions, or other materials not
			 directly related to the inmate's reformation.
(f) If the petition does not conform to the format
			 rules above, the petition will be denied.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 62 - SETTING OF PAROLE DEFERRAL PERIODS › Section 255-062-0026 - Interim Hearing Finding

Current through Register Vol. 63, No. 7, July 1, 2024
If the Board finds, based upon a properly-submitted request for an
				interim hearing, that there is reasonable cause to believe that the inmate may be
				granted a change in the terms of confinement or a firm release date, the Board shall
				conduct a hearing as soon as is reasonably convenient. An interim hearing may be
				granted by a majority of the Board.
Stat. Auth.: ORS
				  144.054,
				  144.228,
				  144.232,
				  163.105,
				  163.115 & 2009 OL Ch. 660
Stats. Implemented: ORS
				  144.228,
				  144.232,
				  163.105,
				  163.115 & 2009 OL Ch
				  660
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 62 - SETTING OF PAROLE DEFERRAL PERIODS › Section 255-062-0031 - Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Board
			 grants an inmate a hearing that is more than two years from the date a petition is
			 denied or from the current projected parole release date, current parole
			 consideration date, or current parole hearing date, and when the Board denies a
			 petition for an interim hearing, the Board shall issue a final order.
(2)
(a) The
			 order shall be accompanied by findings of fact and conclusions of law.
(b) The findings of fact shall consist of a
			 concise statement of the underlying facts supporting the findings as to each
			 contested issue of fact and as to each ultimate fact required to support the board's
			 order.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 65 - RESTITUTION AND SUPERVISION FEES › Section 255-065-0005 - When Restitution, Fines and Fees are Ordered: Payment Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a crime
			 committed after October 4, 1977, when the court sentences a person to pay
			 restitution pursuant to ORS
			 137.106 and defers any portion of
			 that payment until after release from imprisonment, the Board shall order
			 restitution as a parole or post-prison supervision condition. The court order must
			 specifically order restitution for a specific amount to a specific party.
(2) For a crime committed after November 1, 1981,
			 when the court sentences a person to pay a compensatory fine pursuant to ORS
			 137.101 and defers any portion of
			 that payment until after release from imprisonment, the Board shall order a
			 compensatory fine as a parole or post-prison supervision condition. The court order
			 must specifically order a compensatory fine for a specific amount.
(3) When the court has sentenced a person to pay
			 attorney fees pursuant to ORS
			 161.665 and defers any portion of
			 that payment until after release from imprisonment, the Board may order payment of
			 attorney fees as a parole or post-prison supervision condition. The court order must
			 specifically order attorney fees for a specific amount.
(4) In establishing and supervising a schedule for
			 the resumption of payments, the Board shall consider:
(a) The offender's financial resources, including
			 salary, savings, and liquid assets not including place of residence, or those tools
			 or vehicles essential to personal livelihood;
(b) The burden that will impose in light of the
			 person's overall obligations (e.g., family and necessary living expenses);
(c) Ability to pay installment or other conditions
			 to be set by the Board; and
(d) The
			 rehabilitation affect of the payment and the method of payment.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 65 - RESTITUTION AND SUPERVISION FEES › Section 255-065-0015 - Supervision of Payments: Conditions; Default; Effect on Discharge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The offender shall make payments of
			 restitution, compensatory fines, or attorney fees to the clerk of the court of the
			 county of sentencing.
(2) The
			 supervising officer shall establish the method and manner of payment for the Board's
			 approval.
(3) If the offender has not
			 made total payment of restitution or compensatory fines by the completion of the
			 designated minimum period of supervision, the Board shall continue the offender on
			 parole until the offender completes payment or until his/her sentence expires,
			 whichever occurs first.
(4) If the
			 offender has not made total payment of attorney fees by the completion of the
			 designated minimum period of supervision, the Board may continue the offender on
			 parole until the offender completes payment or until his/her sentence expires,
			 whichever occurs first.
(5) The Board
			 may require a person to pay restitution as a condition of post-prison supervision
			 imposed for an offense other than the offense for which the restitution was ordered
			 if the person:
(a) Was ordered to pay restitution
			 as a result of another conviction; and
(b) Has not fully paid the restitution by the time
			 the person has completed the period of post-prison supervision imposed for the
			 offense for which the restitution was ordered.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 65 - RESTITUTION AND SUPERVISION FEES › Section 255-065-0020 - Establishment of Supervision Fees: Criteria, Disbursement of Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a person is
			 placed on parole or post-prison supervision, subject to supervision by either the
			 Department of Corrections or a community corrections program established under ORS
			 423.500 to
			 423.560, the person shall pay a
			 monthly fee to offset the costs of supervising parole or post-prison supervision.
			 Fees are payable according to the terms set forth in ORS
			 423.570.
(2) The supervision fee shall be at a rate
			 established by the supervising community corrections program In no case shall the
			 fee be less than twenty-five dollars ($25) per month. If the community corrections
			 program fails to establish the amount of the fee, the fee shall be $25.
(3) The Board shall order the payment of the
			 supervision fee as a parole or post-prison supervision condition and intentional and
			 willful failure to pay the fee may be grounds for revocation of parole and
			 post-prison supervision or, in the case of parole, extension of the supervision
			 period.
(4) In cases of financial
			 hardship or when otherwise advisable in the interest of the released person's
			 rehabilitation, the community program director or the Director of the Department of
			 Corrections, whichever is appropriate, may waive or reduce the amount of the
			 fee.
(5) Fees collected shall be
			 transferred to the Department of Corrections or retained by the county as provided
			 by statute.
Stat. Auth.: ORS
				  137.101, ORS
				  137.106, ORS
				  144.102, ORS
				  144.275, ORS
				  161.665 & ORS
				  423.570
Stats. Implemented: ORS
				  137.551 & ORS 144
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 70 - CONDITIONS OF PAROLE AND POST-PRISON SUPERVISION › Section 255-070-0001 - Conditions Not Limited by Exhibit J

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may order parole conditions pursuant to OAR 255-070-0015.
(2) The Board shall approve post-prison
			 supervision conditions pursuant to OAR 213-011-0001.
(3) Conditions of parole and post-prison
			 supervision are not limited to those shown in Exhibit J. (Attached)
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  144.102, ORS
				  144.106, ORS
				  144.125, ORS
				  144.140, ORS
				  144.185, ORS
				  144.270, ORS
				  144.275, ORS
				  144.343 & ORS 163A
Statutes/Other Implemented: ORS
				  144.102 & ORS
				  144.270
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 70 - CONDITIONS OF PAROLE AND POST-PRISON SUPERVISION › Section 255-070-0003 - Offender Return to County of Residence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the Board waives the condition, the
			 Board shall order as a condition of parole or post-prison supervision that an
			 offender reside for the first six months in the county where the person was last
			 supervised if the person was on active supervision as an adult for a felony at the
			 time of committing the offense that resulted in his imprisonment, otherwise, where
			 the person resided at the time of the offense that resulted in the
			 imprisonment.
(2)
(a) The Board or the Department of Corrections may
			 establish the county of residency by obtaining the last address of record at the
			 time of the offense from all the available information in the following records:
(A) An Oregon driver's license, regardless of its
			 validity;
(B) The Department of
			 Revenue;
(C) The Department of State
			 Police, Bureau of Criminal Identification;
(D) The Department of Human Resources;
(E) The Department of Corrections;
(F) Internet address locator
			 service.
Oregon Administrative Rules › Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION › Division 70 - CONDITIONS OF PAROLE AND POST-PRISON SUPERVISION › Section 255-070-0015 - Establishing Conditions of Parole and Post-Prison Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may order an exit interview prior to
			 the Adult in Custody's (AIC) release date to review the AIC's case and set or
			 approve conditions. See Division 255-060 for exit interview procedures.
(2) If the Board decides to waive an exit
			 interview, it shall specify the parole conditions prior to release and shall include
			 the conditions on an order of supervision.
(3) If the Board decides to waive an exit
			 interview, it shall specify, in an order given to the offender upon release from
			 incarceration, the post-prison supervision conditions.
(4) Once the Board establishes the conditions, the
			 Board may amend the conditions and issue an amended order by:
(a) considering a requested modification
			 administratively, if the amendment is requested before the inmate's release on
			 parole or post-prison supervision or if a condition is deleted after
			 release;
(b) citing to a hearing, if the
			 amendment is requested after release and the offender does not consent in writing to
			 the addition of conditions;
(c) within
			 60 days of the adult in custody's release, by Board initiative or upon receipt of a
			 requested modification, when the Board is made aware of an error made by the Board
			 in ordering any special condition issued, or in not ordering any special condition
			 which should have been issued on the original order of supervision conditions;
			 or
(d) when the adult in custody was
			 released from the institution prior to the Board being able to issue an order of
			 supervision conditions.
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 255-075-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrative
			 Sanction" means local, structured, or intermediate sanctions as those terms are used
			 in OAR 291-058, and may include periods of local confinement in jails, restitution
			 centers, treatment facilities, or similar facilities.
(2) "Sanction Authority" means:
(a) The Board or its designee for:
(A) Any felony offender who received a sentence of
			 more than twelve (12) months in the custody of the Department of Corrections;
			 or
(B) Any felony offender who received
			 a sentence of twelve (12) months or less but who also has an additional sentence of
			 greater than twelve (12) months.
(i) If an
			 offender is on post-prison supervision for multiple sentences which include a
			 sentence that exceeds twelve (12) months ("Board case") and a less than twelve (12)
			 month sentence ("Local Supervisory Authority case"), the Board will maintain
			 jurisdiction of the post-prison supervision of the Local Supervisory Authority case
			 until the Board's active involvement in the Board cases expires. Following
			 expiration of the Board's cases, the Board will maintain jurisdiction over the
			 post-prison supervision of the Local Supervisory Authority cases until an offender
			 is re-released following revocation of the post-prison supervision for the Local
			 Supervisory Authority cases, or until the Local Supervisory Authority petitions to
			 assume jurisdiction, whichever comes first. Jurisdiction will fall under the Local
			 Supervisory Authority at that point.
(ii) If the Board issued the order of post-prison
			 supervision for an offender whose only sentence was twelve (12) months or less,
			 jurisdiction will remain with the Board until petition by the Supervisory Authority
			 to assume jurisdiction or upon re-release following revocation of the post-prison
			 supervision for that sentence; whichever comes first.
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 255-075-0002 - Suspension of Parole or Post-Prison Supervision; Citation to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the supervising
			 officer or other person informs the Sanction Authority of reasonable grounds to
			 believe that a person has violated the conditions of parole or post-prison
			 supervision, or that supervision is no longer in the best interests of the offender
			 or the community, and that the revocation of parole or post-prison supervision may
			 be justified or, in the case of parole only, an extension of parole may be
			 justified, the Sanction Authority may:
(a) Suspend
			 the running of the sentence and the parole or post-prison supervision term and order
			 the offender arrested and detained pending a violation hearing; or
(b) Issue a citation to appear before the Board,
			 the Board's designated representative or at a violation hearing without first
			 suspending parole or the post-prison supervision term or ordering
			 detention.
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 255-075-0003 - Criteria for Allowing Offender to Remain in Community Pending Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
In determining whether to allow an offender to remain in the
				community pending the violation hearing and final order, the Sanction Authority may
				consider:
(1) The seriousness of the
			 allegations and the risk to the offender or the community;
(2) The likelihood of the offender absconding or
			 failing to appear at the hearing;
(3)
			 The availability of resources in the community such as residence or
			 employment;
(4) Any recommendation by
			 the parole and post-prison supervision officer.
(5) The Sanction Authority may release offenders
			 detained under a Sanction Authority warrant, after the violation hearing, when
			 recommending local sanctions or intervention and continuance of parole or
			 post-prison supervision.
Stat. Auth.: ORS
				  144.331(2)
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 255-075-0004 - Guidelines for "Best Interest" Return

Current through Register Vol. 63, No. 7, July 1, 2024
When the Sanction Authority determines that an offender's release on
				parole or post-prison supervision is not in the best interest of the offender or in
				the best interest of society, the Sanction Authority may return the offender to
				custody. This type of return to custody may apply when:
(1) The offender is suffering from an emotional or
			 psychological disturbance which makes the offender dangerous to self or others if
			 left in the community. The following behavior may indicate a dangerous emotional or
			 psychological disturbance:
(a) Showing a present
			 capacity to carry out any statements or threats of violence against the offender or
			 the community; or
(b) Circumstances and
			 conduct similar to that which led to the initial incarceration; or
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 255-075-0005 - Hearing Requirement: Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise provided by these rules, before the Board can revoke parole or
			 extend active parole supervision for offenders whose crimes occurred on or after
			 December 4, 1986, and before November 1, 1989 (BM10), the Board or Hearings Officer
			 shall conduct a hearing.
(2) When the
			 offender waives the hearing and/or consents to the order, the Board need not conduct
			 a hearing when the Board extends supervision for offenders whose crimes occurred on
			 or after December 4, 1986 and before November 1, 1989 (BM10).
(3) Except in the cases set forth in OAR
			 255-075-0015  and section (6) of this rule, the Sanction Authority shall impose
			 administrative sanctions or shall initiate a hearing within fifteen (15) days of
			 arrest or detention for the violation of parole or post-prison supervision
			 conditions.
(4) If an in-custody
			 violation hearing and a final order cannot be accomplished within fifteen (15) days.
			 a supervising officer or Hearings Officer shall request a non-bailable suspend and
			 detain warrant from the Sanction Authority
(5) A Hearings Officer can impose up to sixty (60)
			 days of local confinement after conducting a violation hearing or if an offender
			 waives the hearing. In doing so, the Hearings Officer may issue a final order
			 subject to the approval of the Sanction Authority, but immediately effective. If the
			 Hearings Officer recommends a sanction that exceeds sixty (60) days, it must be
			 approved by the Supervisory Authority before being considered by the Sanction
			 Authority.
(6) If an offender consents
			 to a sanction, intervention, or the recommendation of a revocation, a violation
			 hearing is not required. A revocation involving a return to prison will require a
			 future disposition hearing. If the offender contests any of the allegations, the
			 offender may request a hearing.
Stat. Auth.: ORS
				  144.106(3),
				  144.108,
				  144.331(2),
				  144.343,
				  144.350 &
				  144.370
Stats. Implemented: ORS
				  144.096,
				  144.098,
				  144.102,
				  144.106,
				  144.108,
				  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 255-075-0006 - Method of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The Hearing Officer may conduct hearings by teleconference or video
				conference. The Hearing Officer shall conduct hearings in person or by video
				conference in the following situations:
(1)
			 The alleged violations are contested and the offender or the offender's attorney
			 shows that the witness's credibility, including observation of the witness's
			 demeanor is necessary;
(2) Physical
			 exhibits may be part of the record and viewing the exhibits is essential, and the
			 exhibits can not be viewed in some other manner;
(3) There are unusual circumstances not covered by
			 this section, determined at the Hearing Officer's discretion.
Stat. Auth.: ORS
				  144.035(5) & ORS
				  144.343(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 255-075-0007 - Designated Representative Conducts Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Sanction Authority or its designated
			 representative shall conduct the probable cause and violation hearing.
(2) "Designated representative" shall include
			 those persons designated by the Sanction Authority, and trained and certified as
			 Hearings Officers.
Stat. Auth.: ORS
				  144.104(1), ORS
				  144.331 & 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 255-075-0015 - When Offender in Another Jurisdiction: Return

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Sanction Authority may suspend parole or
			 post-prison supervision and may order the offender's return to custody in Oregon
			 without first conducting a hearing when:
(a) The
			 offender has, without permission, left the state to which the Sanction Authority
			 released the offender on parole or post-prison supervision, and is in custody in
			 another jurisdiction;
(b) The offender
			 is in custody in another correctional facility;
(c) The offender has absconded from supervision
			 and the offender's whereabouts are unknown; or
(d) The offender has been convicted of a new
			 crime.
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 255-075-0025 - Rights at Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The designee of
			 the Sanction Authority (eg. Hearings Officer) shall provide the offender a written
			 notice of the hearing at least three (3) working days prior to the
			 hearing.
(2) The hearing notice shall
			 include:
(a) A Notice of Rights as provided in ORS
			 144.343(3) (Exhibit
			 NOR-2);
(b) A written statement of
			 alleged violations;
(c) Any documents or
			 evidence which form the basis of the alleged violations; and
(d) The date and location 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 255-075-0026 - Waiver of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all cases, the
			 offender may waive the right to a hearing by signing a Notice of Rights form. A
			 refusal to participate in the hearings process shall also constitute a waiver of the
			 right to a hearing.
(2) When the purpose
			 of a hearing is to consider a parole or post-prison supervision violation, the
			 waiver of the right to a hearing acknowledges that the offender violated the
			 conditions in whole or in part and that the Sanction Authority may order local
			 sanctions, may modify conditions of supervision may extend active supervision or
			 that the Board may order return to prison, without further hearing.
(3) When the purpose of the hearing is to modify
			 parole or post-prison supervision conditions or, in the case of parole, to consider
			 extending active supervision, the waiver of the hearing indicates acceptance of the
			 modifications.
(4) If the offender
			 waives the right to a hearing, the offender may offer a written or verbal statement
			 pertaining to the dispositional phase of the violation hearing.
(5) If the hearing is conducted via teleconference
			 or video conference, the offender shall submit written waiver of the right to a
			 hearing to the Hearings Officer within five (5) days after the waiver.
(6) The person delivering the Notice of Rights
			 shall tape record or document in writing any statement made at the time of
			 waiver.
(7) If the offender waives the
			 right to a hearing, the Hearings Officer or Supervising Officer shall submit to the
			 Sanction Authority the following:
(a) A Notice of
			 Rights form;
(b) Any written offender
			 statements and/or a summary of oral statements;
(c) The Hearing Summary, including a history of
			 local interventions and sanctions ordered and a recommendation regarding
			 disposition;
(d) Any supporting
			 information, including the supervising officer's report and other documentary
			 evidence submitted.
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 255-075-0030 - Board Rejection of Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
If the Sanction Authority is not satisfied that the offender
				knowingly and intelligently waived his or her hearing rights or if it needs more
				information before making its decision, it may order a new hearing, to be conducted
				by the Hearings Officer or the Sanction Authority.
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 255-075-0031 - Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Hearings
			 Officer shall conduct the violation hearing reasonably near the place of the alleged
			 violation or the place of confinement or may conduct the hearing by teleconference
			 or video conference.
(2) Unless the
			 Hearings Officer finds good cause on the record, the parole and post-prison
			 supervision officer shall present information and evidence at the hearing and
			 arrange for the presence of witnesses for the state. The parole and post-prison
			 supervision officer shall make dispositional recommendations.
(3) The Hearings Officer shall make a tape
			 recording of the hearing.
Stat. Auth.: ORS
				  144.050, ORS
				  144.106, 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 255-075-0035 - Representation/Ability to Pay Attorney Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 all cases, the offender is entitled to representation by an attorney at the
			 offender's own expense.
(2) For Board
			 cases only, if the Hearings Officer or the Board deems the offender indigent, and
			 unable to pay for an attorney, the offender is entitled to a Board appointed
			 attorney if the Board or Hearings Officer further finds that the offender has made a
			 timely and colorable claim that:
(a) The offender
			 has not committed the alleged violation;
(b) There are substantial or complex mitigating
			 circumstances which make revocation inappropriate even if the offender admits
			 violation or it is a matter of record; or
(c) The offender appears incapable of representing
			 themself.
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 255-075-0036 - Board Subpoenas; Witness

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Offenders shall make their own arrangements for calling and presenting witnesses.
			 However, upon the request of any party to the hearing, and upon a proper showing of
			 the relevance and reasonable scope of the testimony to be offered, the Sanction
			 Authority or Hearings Officer shall issue subpoenas requiring the attendance and
			 testimony of witnesses. In addition, the Sanction Authority or the Hearings Officer
			 may subpoena documents when relevant.
(2) The Board shall reimburse fees and mileage as
			 prescribed by law to witnesses appearing under subpoena, other than the parties,
			 state officers or employees, provided the Hearing Officer or Sanction Authority
			 certifies that the witness's testimony was relevant and material to the
			 hearing.
(3) The offender may present
			 witnesses who have relevant information, and has the right to confront the persons
			 or witnesses who have presented information against the offender.
(4) The Hearings Officer or Sanction Authority may
			 deny confrontation of witnesses by the offender if that confrontation would subject
			 the witness to the risk of harm.
(5) If
			 the Hearings Officer or Sanction Authority denies confrontation of witnesses, the
			 Hearings Officer or Sanction Authority shall state the reason(s) for the decision
			 and conduct an independent examination of the witness on the record.
Stat. Auth.: ORS
				  144.347
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 255-075-0040 - Compelling of Witnesses: Contempt

Current through Register Vol. 63, No. 7, July 1, 2024
The Sanction Authority or Hearings Officer or party requesting a
				subpoena, may seek contempt proceedings in the circuit court of any county against
				any person refusing to honor the subpoena.
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 255-075-0042 - Probable Cause; Preliminary Hearing; Deferral of Revocation Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Sanction
			 Authority or Hearings Officer may use evidence received and the order of a court at
			 a preliminary hearing or a conviction or other reliable, relevant information to
			 establish that probable cause exists to believe that the offender has committed a
			 violation of a condition of parole or post-prison supervision.
(2) Should the offender waive the right to a
			 preliminary hearing, the waiver shall constitute a waiver of a probable cause
			 hearing.
(3) When the Sanction Authority
			 or Hearings Officer defers completion of a violation hearing until a trial is over
			 and until the court or the parole and post-prison supervision officer notifies the
			 Sanction Authority or Hearings Officer of the final disposition of the case, the
			 Sanction Authority or Hearings Officer shall use a finding of probable cause to
			 support the decision to suspend and detain an offender charged with the commission
			 of a new crime.
(4) Notwithstanding
			 subsection (3) of this section, the Sanction Authority or Hearings Officer shall not
			 extend a deferral following a finding of probable cause for a period greater than
			 120 days from the date of the preliminary hearing or waiver, unless the offender is
			 released from jail pending final disposition of the case, or waives in writing
			 further delay. Subsequent waivers shall not extend beyond 120 days.
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)