Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 209 - EARNED DISCHARGE
Section 291-209-0045 - Earned Discharge
Universal Citation: OR Admin Rules 291-209-0045
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Initial Earned Discharge Reviews:
(a) At 60 days prior to
completion of the minimum period of supervision as authorized in OAR
291-209-0030, the supervising
officer or designee shall review the adult on supervision's file and determine
if they are in compliance with their conditions of supervision and any
applicable supervision case plan which includes that the adult on supervision:
(A) Has either fully paid any restitution and
compensatory fine ordered by the court, or established a payment schedule
through the court or appropriate supervising authority consistent with ORS
137.106, and is current in their
payment obligations;
(B) Has not
been administratively sanctioned, excluding interventions, or found in
violation by the court in the immediate six months prior to consideration for
discharge on the eligible case(s) under review; and
(C) Has completed any specialty court program
ordered by the court, all treatment programs with set durations or timeframes
and has consistently participated in ongoing treatment programs assigned by the
court, BPPPS, or supervising officer.(b) If the supervising officer or designee
determines that the adult on supervision is in compliance, the supervising
officer shall recommend to the supervisory authority that it grant earned
discharge to the adult on supervision.
(b) Upon receiving a request from the
supervising officer, the supervisory authority shall grant the adult on
supervision earned discharge if the supervisory authority determines that they
are in compliance with their conditions of supervision and any applicable
supervision case plan as defined in these rules.
(2) Subsequent Earned Discharge Reviews:
(a) If the supervising officer or designee
determines on an initial earned discharge review that the adult on supervision
is not in compliance, the supervising officer shall conduct a subsequent earned
discharge review upon receiving information at any time thereafter during the
period of supervision that the adult on supervision has come into compliance
until the adult on supervision is approved for earned discharge or the case
under consideration reaches its sentence expiration date.
(b) If the supervising officer or designee
determines that the adult on supervision is in compliance, the supervising
officer shall recommend to the supervisory authority that it grant earned
discharge to the adult on supervision.
(c) Upon receiving a request from the
supervising officer, the supervisory authority shall grant the adult on
supervision earned discharge if the supervisory authority determines that they
are in compliance with their conditions of supervision and any applicable
supervision case plan as defined in these rules.
(3) If the adult on supervision has been convicted of a new felony or misdemeanor crime that occurred while on supervision for the case under consideration, they are not eligible for earned discharge.
Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
