Oregon Administrative Rules
Chapter 255 - BOARD OF PAROLE AND POST-PRISON SUPERVISION
Division 94 - ACTIVE AND INACTIVE PAROLE AND POST-PRISON SUPERVISION
Section 255-094-0030 - Early Medical Discharge from Parole and Post-Prison Supervision
Universal Citation: OR Admin Rules 255-094-0030
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Purpose and Authority
(a) HB 2036 (2021) was enacted because the
legislature recognized a need for early medical discharge since, in some cases,
supervision can affect a person's ability to receive appropriate medical care. This
does not include persons in need of medical treatment related to temporary medical
care.
(b) Under HB 2036, Chapter 203,
(2021 Laws), the Legislative Assembly provided that the Board of Parole and
Post-Prison Supervision may discharge a person from parole or post-prison
supervision prior to the end of the supervision term if the person is permanently
incapacitated and has a condition that requires constant medical care, requires
admission to a care facility, and discharge is compatible with the best interests of
the person and the community. Some care or housing facilities will not accept
persons who are under supervision.
(c)
The Board is statutorily required to adopt rules to carry out the provisions of HB
2036, Chapter 203, (2021 Laws).
(d)
Definitions of terms for this Division can be found in Oregon Administrative Rule
255-005-0005.
(2) Policy - The Board may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court under circumstances described in ORS 144.083. The Board assesses community safety in making its decision and will seek to protect the public from undue risk by careful review of each early medical discharge request.
(3) Procedure
(a) Applications shall be submitted to the Board
by:
(A) Community Corrections; or
(B) The Department of
Corrections.
(b) Applications:
(A) Applications shall be made on forms provided
by the Board.
(B) The Board will only
consider complete applications. Incomplete applications may be returned and may be
denied. Materials must be legible and able to be copied.
(C) A request shall include the following
information:
(i) the individual's release plan, if
available, and how the person qualifies for placement in a care facility;
(ii) how the individual's supervision prevents
their access to a necessary care facility that will address their medical
condition;
(iii) how the individual is
permanently incapacitated;
(iv)
recommendation of supervising officer; and
(v) any other relevant
information.
(D) Applications
and accompanying documents shall be submitted to the Board by email, mail or via the
Board's website.
(c) Criteria
for eligibility:
(A) a recommendation from the
supervising officer;
(B) documents from
a medical professional that the person is permanently incapacitated and has a
condition that requires constant medical care;
(C) documentation that parole or post-prison
supervision prevents the person from accessing a care facility; and
(D) substantiation and verification from a
licensed health care professional of the person's medical condition, the level of
care needed, and why the condition causes the individual to require admittance to a
particular care facility.
(d)
The Board will determine eligibility before reviewing an application for
discharge.
(e) The Board shall make a
reasonable effort to notify any victim who has requested notification of the status
of a person on parole or post-prison supervision and have provided the Board with
contact information prior to any final decision concerning discharge.
(f) The Board may request an additional health
care professional's opinion on whether the person under supervision is permanently
incapacitated and has a condition requiring constant medical care.
(g) The Board may order a risk assessment,
psychological evaluation, or psychiatric evaluation to help determine the risk to
the community if the person under supervision is discharged from
supervision.
(4) Decisions
(a) The Board may consider any relevant
information provided by registered victims, District Attorneys, DOC, Community
Corrections and the person under supervision and may conduct its own investigation
if deemed appropriate by the Board.
(b)
Decisions may be made by a panel of one or more Board Members at the Chairperson's
discretion. The panel may make the final decision.
(c) The Board may make a decision
administratively.
(d) The Board will
grant discharge if, in its discretion, the Board determines that early discharge
from supervision is compatible with the best interests of the person and the
community.
(e) Following the Board's
decision, the Board shall send notice of the Board's decision to the person under
supervision, Community Corrections, registered victims, and any District Attorneys
that submitted materials in response to the application.
Statutory/Other Authority: HB 2036, Chapter 203, (2021 Laws) & ORS 144.083
Statutes/Other Implemented: HB 2036, Chapter 203, (2021 Laws) & ORS 144.083
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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