Or. Admin. Code § 255-060-0008

Current through Register Vol. 63, No. 10, October 1, 2024

Section 255-060-0008 - Release Plans

(1) At any time prior to release on parole or post-prison supervision, the Board shall examine the Adult in Custody's/Offender's (AIC) plans for residence, employment, or other situation in the community to determine whether the release plan is adequate. The plan may include, but is not limited to:

(a) employment;

(b) school, or other situation (e.g., retirement income);

(c) verifiable residence;

(d) a description of support services, program opportunities and treatment programs;

(e) prescribed medication;

(f) recommended conditions of supervision for the purpose of reformation and public safety, including a recommendation for waiver of the condition of supervision that the AIC reside for the first six months in the county where the AIC resided at the time of the offense that resulted in imprisonment;

(g) level of supervision consistent with the AIC's risk assessment classification; and

(h) a restitution and compensatory fine payment schedule.

(2) The Board may defer parole release up to 90 days from the parole release date when a plan is deficient or unverified in order to obtain verification or a satisfactory plan from the Department of Corrections.

(3) An AIC requesting an out-of-state parole waives the 90 days limitation on deferral of release. Such waiver is for the purpose of an adequate parole plan in the accepting state.

(4) Except when an AIC has a detainer from another jurisdiction, the Board shall not defer release to post-prison supervision. The following procedure shall apply:

(a) If the release plan the Department of Corrections or designee of Local Supervisory Authority submits at least 60 days prior to release is deficient, the Board will return it to the submitting agency with the Board's recommended modifications;

(b) The Department or designee of Local Supervisory Authority shall submit a revised plan to the Board not less than 10 days prior to the AIC's release; and

(c) If the Board does not accept the revised plan, the Board shall determine the provisions of the final plan prior to the AIC's release.

(5) One Board member shall review and approve the release plan.

(6) When an AIC is released from the custody of the Department of Corrections or Local Supervisory Authority, after serving a sentence of incarceration as a result of a conviction for an offense listed in subsection (a) of this section, the Board or Local Supervisory Authority shall subject the AIC to intensive supervision as defined in OAR 255-005, for the full period of the AIC's parole or post-prison supervision if the AIC was 18 years of age or older at the time the AIC committed the offense and the Board or Local Supervisory Authority finds that the AIC is a sexually violent dangerous offender, as defined in OAR 255-005.

(a) The crimes to which section (6) of this rule apply are:

(A) rape in the First Degree and Sodomy in the First Degree if the victim was subject to forcible compulsion or under 12 years of old or was incapable of consent by reason of mental defect, mental incapacitation, or physical helplessness;

(B) unlawful Sexual Penetration in the First Degree; and

(C) an Attempt to commit a crime listed in this subsection.

(b) When the Board or Local Supervisory Authority makes a finding that an AIC is a sexually violent dangerous offender under this section, the Board or Local Supervisory Authority shall make this finding in the Order of Supervision.

Or. Admin. Code § 255-060-0008

2PB 1-1979, f. & ef. 2-1-79; 2PB 2-1980, f. & ef. 5-20-80; 2PB 1-1981, f. 1-20-81, ef. 2-15-81; 2PB 8-1981(Temp), f. & ef. 11-4-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 13-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 2-1990, f. & cert. ef. 4-5-90; Sections (1), (2) & (3) renumbered from 255-060-0006; PAR 3-1991(Temp), f. & cert. ef. 5-1-91; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 9-1992, f. & cert. ef. 12-8-92; PAR 6-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 7-1999, f. 9-21-99, cert. ef. 9-22-99; PAR 4-2000, f. & cert. ef. 2-15-00; PAR 6-2022, minor correction filed 11/03/2022, effective 11/03/2022; PAR 7-2022, temporary amend filed 11/08/2022, effective 11/8/2022

Statutory/Other Authority: ORS 144.096, 144.125, 144.185 & Ch. 924 & 1999 OL

Statutes/Other Implemented: ORS 144.096 & 144.125