Or. Admin. Code § 291-058-0010

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

Section 291-058-0010 - [Effective 2/27/2025] Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with 1993 Or Laws, ch 680, 1997 Or Laws, ch 525, ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish a uniform system of administrative sanctions to address violation behavior of offenders or inmates under supervision while on probation, parole, post-prison supervision, or leave that may be imposed by the Department of Corrections or a county community corrections agency, taking into consideration the severity of the violation behavior, the prior violation history, the severity of the underlying criminal conviction, the criminal history of the offender, protection of the community, deterrence, the effective capacity of the state prisons and local correctional facilities, and the availability of appropriate local sanctions.

(3) Policy:

(a) It is the policy of the Department of Corrections to compel compliance with the conditions of supervision by responding to violations with swift, certain, and fair interventions. It is the policy of the Department of Corrections that decisions to incarcerate offenders for violation of the conditions of supervision must be made upon a systematic basis that will ensure that available custodial space is used to house those offenders who constitute a threat to the public, taking into consideration the availability of custodial space and local resources.

(b) It is the policy of the Department of Corrections to provide, in conjunction with the Board of Parole and Post-Prison Supervision in accordance with ORS 144.106, 144.346, and OAR 255-075 (Board of Parole and Post-Prison Supervision administrative rules) specific direction for department and county community corrections agency employees to follow when considering administrative sanctioning options for offenders under supervision.

Or. Admin. Code § 291-058-0010

CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93; CD 8-1994, f. 3-18-94, cert. ef. 3-29-94; CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98; DOC 11-1998, f. & cert. ef. 5-19-98; DOC 8-2009, f. & cert. ef. 5-29-09; DOC 7-2017, f. & cert. ef. 5/17/2017; DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017; DOC 19-2024, temporary amend filed 08/28/2024, effective 9/1/2024 through 2/27/2025

Statutory/Other Authority: 137.593, 137.595, 144.104, ORS 137.592, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075