Or. Admin. Code § 291-058-0020

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

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

(1) Administrative Sanctions: Sanctions and structured, intermediate sanctions, as those terms are used in ORS 137.592 to 137.599, 144.106 to 144.108, 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, inpatient treatment facilities or similar facilities, or community service work, work crew, and house arrest.

(2) Administrative Sanctions Sanctioning Grid: A grid used by the officer to determine the appropriate sanction response based on the adult on supervision's Supervision Level and Behavior Severity Level (incorporated herein as Attachment A).

(3) Adult on Supervision: Any person under the supervision of the Department of Corrections or a county community corrections agency who is on probation, parole, post-prison supervision, leave, or any other form of supervision. For purposes of these rules, this definition includes adults in custody who are in the department's legal custody but are temporarily outside of the Department of Corrections' physical custody and who have been released onto short-term transitional leave or non-prison leave.

(4) Agency: The Department of Corrections or the county community corrections agency responsible for providing supervision services to those on probation, parole, post-prison supervision, leave, or any other form of supervision.

(5) Compact Adult on Supervision: Any person who resides in and is being supervised by the State of Oregon although sentenced in another state.

(6) Conditions of Probation, Parole, Post-Prison Supervision, or Leave: General and special conditions given to an individual placed on probation, parole, post-prison supervision, leave, or any other form of supervision by the sentencing judge, the Board of Parole and Post-Prison Supervision, the Department of Corrections, or local supervisory authority.

(7) 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 sanction units and may be imposed along with sanctions.

(8) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to adults in custody successfully completing the institution phase of an alternative incarceration program (AIP). Nonprison leave is designed to provide adults in custody with transitional opportunities that promote successful reintegration into the community.

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

(10) 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.

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

(12) Sanction Equivalency Table: A table used to determine the number of sanction units for which an adult on supervision will receive credit based on the type of sanction and number of hours served (incorporated herein as Attachment B).

(13) Sanction Units: Conditions of probation or sanctions imposed as a number of units as established by rules of the Criminal Justice Commission including, but not limited to, jail, restitution centers, work release centers, inpatient treatment facilities or similar facilities, or community service work.

(14) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide adults in custody with transitional opportunities that promote successful reintegration into the community.

(15) Supervisory Authority: The state or 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.

(16) Supervision Level: The level assigned to an adult on supervision 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.

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