Or. Admin. Code § 291-058-0020

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

Section 291-058-0020 - [Effective 2/27/2025] Definitions

(1) Administrative Sanctions: Local structured, intermediate sanctions, as those terms are used in ORS 137.592, 137.593, 137.595, 144.106, and 144.346 and in Criminal Justice Commission and Board of Parole and Post-Prison Supervision administrative rules, imposed by the Department of Corrections or a county community corrections agency for violation of conditions of supervision. Administrative sanctions are less than a revocation action and include but are not limited to local confinement in jails, restitution centers, work release centers, treatment facilities, or similar facilities, or community services work, work crew, and house arrest.

(2) Administrative Sanctions Sanctioning Grid: The grid used by the officer to determine the appropriate sanction response based on the offenders Supervision Level and Behavior Level Severity.

(3) Agency: The Department of Corrections or the county community corrections agency responsible for supervising the offender on parole, post-prison supervision, or probation.

(4) Compact Offender: An offender who resides in and is being supervised by the State of Oregon, although sentenced in another state; Oregon being given the authority to supervise the offender by the rules of the Interstate Compact for Adult Offender Supervision.

(5) Conditions of Probation, Parole, and Post-Prison Supervision: General and specific directives (special conditions) given to an offender placed on probation, parole, or post-prison supervision by the sentencing judge, the Board of Parole and Post-Prison Supervision, or local supervisory authority as a condition of supervision.

(6) Custody/Sanction Units: Custodial conditions of probation/sanctions imposed as a number of custody/sanction units as established by rules of the Criminal Justice Commission including but not limited to jail, restitution centers, work release, house arrest, community service, and inpatient treatment.

(7) Inmate: Any person under the supervision of the Department of Corrections who is not on probation, parole, or post-prison supervision status.

(8) Interventions: Interventions imposed by the Department of Corrections or a county community corrections agency for violations of one or more conditions of supervision. Interventions include but are not limited to verbal reprimand, written reprimand, job search programming, increased reporting requirements, curfew, day reporting, modification of conditions, and outpatient treatment. Intervention responses are not counted as custody units and may be imposed along with sanctions.

(9) New Criminal Violation: Any conduct constituting a violation of criminal law whether or not it has led to new criminal charge and which has occurred since the offender was placed on community supervision.

(10) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to inmates successfully completing the institution phase of an alternative incarceration program (AIP). Nonprison leave is designed to provide inmates with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751 and 421.510 and the department's rule on Alternative Incarceration Programs (OAR 291-062).

(11) Offender: Any person under the supervision of the Department of Corrections or a county community corrections agency who is on probation, parole, or post-prison supervision status.

(12) Officer: Any county or state employed parole or probation officer.

(13) Revocation: Termination of supervision as a result of violating behavior or a determination by the sentencing court, Board of Parole and Post-Prison Supervision, or local supervisory authority that the purposes of an offender's supervision are not being served.

(14) Releasing Authority: The Department of Corrections, the court, Board of Parole and Post-Prison Supervision, or local supervisory authority.

(15) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide inmates with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave is granted in accordance with ORS 421.168 and the department's rules on Short-Term Transitional Leave, Emergency Leave, and Supervised Trips (OAR 291-063).

(16) Supervisory Authority: The state and local corrections official or officials designated in each county by that county's Board of County Commissioners or county court to operate corrections supervision services, custodial facilities, or both.

(17) Supervision Level: The level assigned to an offender as a result of the calculated risk score utilizing the Public Safety Checklist or PROXY risk instruments and any appropriate risk instrument or local policy overrides. (Refer to OAR 291-078-0020).

Or. Admin. Code § 291-058-0020

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 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DOC 10-2019, amend filed 06/19/2019, effective 6/19/2019; DOC 19-2024, temporary amend filed 08/28/2024, effective 9/1/2024 through 2/27/2025

Statutory/Other Authority: 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

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