Current through Register Vol. 63, No. 9, September 1, 2024
(1) The officer shall determine whether the
alleged violation behavior is appropriately responded to with interventions or
with administrative sanctions, or both.
(2) If the officer determines that the
alleged violation behavior is appropriately responded to with an intervention,
the officer may direct the adult on supervision into appropriate interventions
in lieu of administrative sanctions.
(3) If the officer determines that the
alleged violation behavior is appropriately responded to with administrative
sanctions, the officer shall determine and impose appropriate administrative
sanctions using the Administrative Sanctions Sanctioning Grid (Attachment A)
and the Sanction Equivalency Table (Attachment B), and the following
procedures:
(a) Identify the adult on
supervision's current supervision level.
(b) Identify the behavior severity level
using the Behavior Severity Level Chart on the Administrative Sanctions
Sanctioning Grid. For a series of violations, select the violation that fits
into the highest behavior severity level.
(c) Determine the appropriate matrix based on
the type of case being sanctioned. Using the supervision and behavior severity
levels, identify the appropriate behavior response level.
(d) For probation cases, determine the number
of jail and non-jail sanction units remaining for use as administrative
sanctions applicable to the adult on supervision's probationary sentence or
order.
(e) Determine the
appropriate sanction response to impose within the identified behavior response
level. Sanctions may not exceed the maximum number of sanction units as
indicated on the Administrative Sanctions Sanctioning Grid, using the Sanction
Equivalency Table.
(f) An
administrative sanction or intervention at the agency level cannot be imposed
on more than one case at a time. A case cannot be sanctioned separately for
individual violations arising from the same criminal episode or series of
violations.
(g) If the officer
determines that the sanction response options within the identified behavior
response level are inappropriate, an override may be considered to move to a
higher behavior response level within the grid for the following circumstances.
(A) The adult on supervision threatens or is
violent;
(B) The adult on
supervision evades or escapes, or attempts to evade or escape;
(C) The adult on supervision puts the
supervising officer or law enforcement in a dangerous or unsafe situation;
or
(D) The adult on supervision is
already in custody.
(h)
If the officer determines that any behavior response level within the grid is
insufficient to address the seriousness of the violation behavior, a higher
sanction response, up to and including a revocation recommendation to the
court, Board of Parole and Post-Prison Supervision, Department of Corrections,
or local supervisory authority, may be imposed only after consultation and
agreement of the unit supervisor or per approval process established by the
agency or local supervisory authority.
(4) Level of Authority for Probation Cases:
Determine the level of authority that may impose the sanction (agency or
court). Jail confinement imposed as an administrative sanction may not exceed
60 days per violation report. The total number of days of jail confinement for
all violation reports per conviction may not exceed the maximum number of
available jail sanction units as provided by rules of the Criminal Justice
Commission. The officer shall follow agency policy for supervisory review when
imposing jail confinement sanctions.
(a) If
the appropriate sanction falls within the agency level of authority
designation, the officer shall impose the sanction following agency procedures
for consultation with supervisory personnel.
(b) If the appropriate sanction falls within
the court level of authority designation, the officer may impose a sanction
from the agency level designation or report the violation behavior to the court
with a recommendation that the appropriate sanction from the court level of
authority designation be imposed.
(c) If the adult on supervision has
previously served all of the available sanction units applicable to their
probationary sentence or order, the officer may order appropriate interventions
or report the violation to the court for disposition.
(d) Credit for sanction units shall only be
granted for time actually served. Good time credits, work time credits, or
early release shall not count towards satisfaction of sanction units.
(5) Level of Authority for Parole
and Post-Prison Supervision and Compact Cases: Determine the level of authority
that may impose the sanction (that is, officer, hearings officer or other
agency designee, Board of Parole and Post-Prison Supervision, local supervisory
authority, or releasing authority for compact cases).
(a) An officer may order local sanctions
including a local confinement sanction not exceeding 30 days.
(b) A hearings officer or agency designee may
order local sanctions including a local confinement sanction not exceeding 60
days.
(c) The Board of Parole and
Post-Prison Supervision, local supervisory authority, or releasing authority in
the state of conviction for compact cases may order administrative sanctions
not exceeding 90 days.
(d)
Revocation Recommendations: If administrative sanctions are determined to be
insufficient to manage the adult on supervision, the local supervisory
authority or the Board of Parole and Post-Prison Supervision shall hold a
hearing to determine whether revocation is appropriate and may impose an
appropriate revocation term of incarceration in compliance with the Oregon
Criminal Justice Commission rules and the Board of Parole and Post-Prison
Supervision rules.
(e) Revocation
Recommendations in Compact Cases: If the officer determines that structured
sanctions are insufficient to manage the adult on supervision in a compact
case, the officer shall prepare a compact violation report detailing the
alleged violation and recommending the adult on supervision's return to the
sending state to address the violation behavior. Oregon authorities shall not
impose a revocation term of incarceration or other action on an adult on
supervision in a compact case.
(6) Level of Authority for Short-Term
Transitional Leave Cases: Determine the level of authority that may impose the
sanction (that is, officer, hearings officer or other agency designee, or
releasing authority).
(a) An officer may order
local sanctions including a local confinement sanction not exceeding 30
days.
(b) A hearings officer or
agency designee may order local sanctions including a local confinement
sanction not exceeding 60 days.
(c)
The releasing authority may order sanctions up to and including revocation of
leave and return to a Department of Corrections facility.
(d) Any local confinement sanctions shall be
reported to the releasing authority in accordance with OAR
291-058-0066.
(7) Level of Authority for
Nonprison Leave Cases: Determine the level of authority that may impose the
sanction (that is, officer, hearings officer or other agency designee, or
releasing authority).
(a) An officer may order
local sanctions including a local confinement sanction not exceeding three
days.
(b) A hearings officer or
agency designee may order local sanctions including a local confinement
sanction not exceeding three days.
(c) The releasing authority may order
sanctions up to and including revocation of leave and return to a Department of
Corrections facility.
(d) All
sanctions shall be reported to the releasing authority in accordance with OAR
291-058-0067.
(8) Nothing in these rules shall
limit the authority of the officer and agency to direct the adult on
supervision into appropriate interventions outside of the administrative
sanctioning process.
(9)
Sanctioning of Adults on Supervision Held in Jail on Officer's Detainer for
Violation of Probation Conditions:
(a) When
an adult on supervision is arrested and detained in a county jail on authority
of an officer's detainer for a violation of the conditions of probation, the
officer shall complete the imposition of administrative sanctions within the
first 36 hours of the adult on supervision's detention, excluding Saturdays,
Sundays, and holidays, unless later disposition is authorized by supervisory
personnel. Agency supervisory personnel, in consultation with the jail
supervisory personnel, may authorize an extension of the 36-hour period for up
to five judicial days if the officer is unable to collect the necessary
information or meet with the adult on supervision within the 36-hour
period.
(b) If the imposition of
administrative sanctions is not completed within the authorized period, the
officer shall notify the jail supervisor and remove their detainer lodged with
the county jail authority. Nothing in these rules shall prohibit an officer
from issuing a new detainer for the adult on supervision's arrest and detention
for a violation of the conditions of probation upon receipt of the information
necessary for the officer to assess the full nature and extent of the violation
and impose appropriate administrative sanctions.
(c) If the adult on supervision does not
consent to administrative sanctions imposed by the officer, the officer shall
report the arrest or detention to the court that imposed the probation as soon
as practicable but within one judicial day. The officer shall promptly submit
to the court a report showing in what manner the adult on supervision has
violated the conditions of probation.
(10) Sanctioning of Adults on Supervision
Held in Jail on Officer's Detainer for Violations of Parole, Post-prison
Supervision, Short-term Transitional Leave, or Nonprison Leave Conditions:
Within 15 days of the adult on supervision's arrest, either an administrative
sanction must be imposed or violation hearing proceedings initiated.
To view attachments referenced in rule text,
click here to view
rule.
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
