Or. Admin. Code § 291-019-0210

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-019-0210 - Transfer of Supervision of Those on Leave Between Community Corrections Agencies: Standards for Request and Acceptance

(1) Requests:

(a) Emergency Reporting Instructions: Under no circumstances shall a probation or parole officer allow an adult on supervision on leave to move to a new county without first applying for and receiving emergency reporting instructions.

(A) If a documented emergency exists, the sending county must provide emergency reporting information to the receiving county. The receiving county has up to five days to reply. Once the receiving county has accepted the adult on supervision on leave, on an emergency basis, a transfer packet must be sent to the receiving county.

(B) If emergency reporting instructions do not apply, then the adult on supervision on leave must remain in the sending county until a full transfer investigation is completed.

(b) Transfer Investigation: In all cases involving the transfer of the supervision responsibility for an adult on supervision on leave, the sending county shall ensure that the following information is up to date and accurate in the adult on supervision's file and, where applicable, in CIS, OMS, and LEDS EPR prior to making the investigation request:

(A) Name: Last, first, and middle;

(B) Date of birth;

(C) SID Number;

(D) Crime(s);

(E) County(ies);

(F) Sentencing data including county, docket numbers, and expiration date, for each case;

(G) History or risk score according to the Public Safety Checklist or PROXY;

(H) Date of request to transfer;

(I) Special Leave Conditions: List all special conditions including specific dollar amounts for restitution, community service hours, and any other conditions requiring specificity;

(J) Residence: Provide a complete address; rural addresses should include specific directions on location of the residence as well as a description; and

(K) Conformance: Note any non-compliance with either the general or special leave conditions of supervision. Reflect the exact amount of any financial obligations owed to date and any other pertinent information.

(L) Sex offender evaluation (if applicable and available); and

(M) Presentence investigation or police reports;

(N) Completed sex offender risk assessment (if applicable); and

(O) Most recent treatment progress report or treatment discharge report.

(2) Acceptance or Rejection:

(a) The receiving county must complete the investigation and respond to the sending county within 30 calendar days of submission by the sending county.

(b) The transfer request must be accepted if the adult on supervision on leave has a job or other legitimate source of income, a residence, and the means to comply with the special conditions of their supervision unless:

(A) Public safety would be compromised by the transfer (e.g., a sex offender residing in a dwelling where children are present; a proposed residence provider supporting sex offender's denial or noncompliance; a drug offender residing in a known drug house; an arson offender residing in a boarding house); or

(B) The supervision is for a low or limited supervision level or low risk level adult on supervision on leave, whereas the decision to accept supervision is at the discretion of the receiving county.

(c) Outstanding non-funded misdemeanor warrants shall not be grounds for rejection. Felony and funded misdemeanor warrants and warrants involving active cases for which an adult on supervision on leave is under formal supervision shall be resolved prior to the transfer process.

(d) Supervision of a non-funded misdemeanor must be accepted if there is a concurrent felony or funded misdemeanor supervision.

(e) Outstanding Warrants and Pending Criminal Charges or Violations: Prior to transfer, the sending county shall:

(A) Make reasonable efforts to resolve any warrants;

(B) Remove any individual county requirements outside of usual practice;

(C) Report all non-compliance or violations to the releasing authority; and

(D) Be responsible for resolving all pending non-compliance or violations. The sending county should collaborate with the receiving county to determine an appropriate response to pending violations.

(f) When a transfer is rejected in the interest of public safety and the adult on supervision on leave was granted emergency reporting instructions, they shall be directed to return to the sending county and to initiate any further transfer requests from the sending county. Failure of the adult on supervision on leave to do so is a violation and may be grounds for revocation. The reason for rejection needs to be specified and reviewed by the unit supervisor.

(g) During the transfer investigation, if an officer from the receiving county observes a violation or has reason to believe that a violation has occurred, that officer shall immediately report the alleged violation to the sending county for appropriate response.

Or. Admin. Code § 291-019-0210

DOC 6-2022, adopt filed 08/08/2022, effective 8/8/2022

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

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