Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 19 - TRANSFER (COMMUNITY CORRECTIONS)
Section 291-019-0205 - Transfer of Sex Offender Supervision Between Community Corrections Agencies: Standards for Request and Acceptance
Universal Citation: OR Admin Rules 291-019-0205
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Requests:
(a) Emergency Reporting Instructions: Under
no circumstances shall a probation or parole officer allow a sex offender to
move to a new county without first applying for and receiving emergency
reporting instructions.
(A) If a sex offender
meets the documented parameters for emergency reporting instructions, 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 an emergency basis, a transfer
packet must be sent to the receiving county.
(B) If parameters for emergency reporting
instructions do not apply, then the adult on supervision 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 sex
offenders, 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 the Corrections Information System (CIS), Offender Management System (OMS),
and LEDS EPR prior to making the investigation request:
(A) Name: Last, first, and middle;
(B) Date of birth;
(C) SID Number: If none is available, the
sending county shall submit a fingerprint card to the State Identification
Bureau prior to transfer in accordance with OSP regulations to ensure prints
are accepted and an SID can be issued;
(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 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;
(K)
Conformance: Note any non-compliance with either the general or special
conditions of supervision. Reflect the exact amount of any financial
obligations owed to date and any other pertinent information.
(L) Court orders, or parole or post-prison
supervision order;
(M) Sex offender
evaluation (if available);
(N)
Presentence investigation or police reports;
(O) Completed sex offender risk assessment;
and
(P) 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 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) The only active
supervision is for a non-funded misdemeanor and the receiving county is unable
to provide supervision based on the non-funded status, due to county policy or
resource limitations; or
(B) 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
(C) The supervision is for a low or limited
supervision level or low risk level adult on supervision, 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 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)
For 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 sex
offender 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 sex offender 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.
Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
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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