Or. Admin. R. 291-063-0160

Current through Register Vol. 63, No. 8, August 1, 2024

Section 291-063-0160 - Violations of Short-Term Transitional Leave

(1) Sanctions may be imposed at the local level in accordance with OAR 291-058-0046 if:

(a) The supervising officer determines that the violation can appropriately be addressed; and

(b) The AIC admits the violation and accepts the sanction.

(2) Revocation of Transitional Leave

(a) If, pursuant to OAR 291-058-0046, a supervising officer believes an AIC has violated a condition of short-term transitional leave and the violation is believed to support revocation of short-term transitional leave, the supervising officer must report the alleged violation(s) in writing to the releasing authority within five business days of the alleged violation(s).

(A) If the AIC's whereabouts are unknown, the supervising officer must immediately submit a warrant request in writing to the releasing authority. A warrant will be issued.

(B) Upon apprehension of the AIC, the supervising officer must report the alleged violation and recommended sanction in writing to the releasing authority within five business days.

(b) If the releasing authority believes that revocation of short-term transitional leave is an appropriate response to the alleged violation(s) of the conditions of leave, the releasing authority will notify the hearings officer to conduct a revocation hearing in accordance to OAR 291-066.

(c) An AIC who has their short-term transitional leave status revoked may be subject to a disciplinary hearing conducted in accordance with the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) upon return to DOC custody.

Or. Admin. R. 291-063-0160

Renumbered from 291-063-0036, DOC 9-2017, f. 6-8-17, cert. ef. 6/12/2017; DOC 12-2020, temporary amend filed 07/16/2020, effective 7/16/2020 through 1/11/2021; DOC 1-2021, amend filed 01/05/2021, effective 1/5/2021

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075