Current through Register Vol. 63, No. 9, September 1, 2024
(1) Upon
completion of the minimum period of active supervision as authorized in OAR
291-206-0015, the supervising
officer or designee shall review the offender's file and determine if the
offender is in compliance with the offender's probation conditions and any
applicable supervision plan as defined in these rules.
(a) If the supervising officer or designee
determines that the offender is in compliance, the supervising officer shall
recommend to the supervisory authority that it place the offender on inactive
probation supervision, not to exceed the supervision term imposed by the
sentencing court under the rules of the Oregon Criminal Justice Commission and
applicable laws. Upon receiving a request from the supervising officer, the
supervising authority shall place the offender on inactive probation
supervision if the supervisory authority determines that the offender is in
compliance with probation conditions and any applicable supervision plan as
defined in these rules.
(b) If the
supervising officer or designee determines that the offender is not in
compliance with the conditions of probation and any applicable supervision
plan, the supervisory authority shall extend the period of active probation
supervision for the remainder of the supervision period imposed by the
sentencing court under the rules of the Oregon Criminal Justice Commission and
applicable laws.
(2)
Notwithstanding subsection (1)(b) of this rule, the supervising authority may
later place the offender on inactive probation supervision upon request of the
supervising officer if the supervisory authority determines that the offender
has subsequently come into compliance with the conditions of probation and any
applicable supervision plan, and that inactive probation supervision for the
offender is in the best interest of the offender and the community.
(3) Offenders on or Requesting Compact
Supervision in Another State:
(a) Offenders
whose supervision has been transferred to another state under the Interstate
Compact for Adult Offender Supervision are ineligible for inactive probation
under these rules.
(b) An offender
requesting to leave the State of Oregon to reside in another state while on
inactive supervision must receive approval for transfer of the offender's
supervision through the Interstate Compact process before being allowed to do
so.
Stat. Auth.: ORS
179.040,
423.020,
423.030,
423.075 & 2009 OL Ch.
660
Stats. Implemented: ORS
179.040,
423.020,
423.030,
423.075 & 2009 OL Ch.
660
