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 structured, intermediate 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 offender into appropriate
interventions outside of the administrative sanctioning process as authorized
by the agency.
(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 offender's current supervision level.
(b) Identify the behavior severity level
using the Behavior Severity Chart on the Administrative Sanctions Sanctioning
Grid. For a series of violations, select the violation that fits into the
highest behavior severity level.
(c) Using the supervision and behavior
severity levels, identify the appropriate behavior level response block
(custody/non-custody responses) for sanction response options.
(d) For probation cases, determine the number
of jail and non-jail custody/sanction units remaining for use as structured,
intermediate sanctions applicable to the offender's probationary sentence or
order. There is no limit to the amount of total sanction time that can be
imposed during a period of parole or post-prison supervision or on compact
cases.
(e) Determine the
appropriate sanction response to impose. Sanctions may not exceed the maximum
number of custody/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, and cases cannot be sanctioned separately for individual violations
arising from a series of violations.
(g) If the indicated level of sanction
response is considered insufficient to address the seriousness of the violation
behavior, a higher level of sanction, up to and including returning an offender
to court or the Board of Parole and Post-Prison Supervision, may be imposed
only after consultation and agreement of the unit supervisor or approval
process established by the agency or local supervisory authority. For
revocation recommendations submitted under this section of rule, an offender
may be returned to court or the Board of Parole and Post-Prison Supervision
only after consultation with the unit supervisor and the agreement of the local
supervisory authority or designee.
(h) 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 custody/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 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 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 designation
be imposed.
(C) If the offender has
previously served all of the available custody/sanction units applicable to
his/her probationary sentence or order, the officer may order appropriate
interventions or report the violation to the court for disposition.
(i) Level of Authority for Parole
and Post-Prison Supervision and Compact Cases: Determine the level of authority
that may impose the sanction (i.e., 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 Sanctions: If structured sanctions are not felt sufficient to manage
the offender, the local supervisory authority or the Board of Parole and
Post-Prison Supervision shall hold a hearing to determine whether incarceration
is appropriate and may impose an appropriate revocation term of incarceration
in compliance with the Oregon Criminal Justice Commission rules (OAR
213-005-0004) and the Board of
Parole and Post-Prison Supervision rules (OAR 255-075).
(E) Revocation Sanctions for Compact Cases:
If structured sanctions are not felt sufficient to manage the offender, the
officer shall prepare a compact violation report detailing the alleged
violation and recommending the offender's return to the sending state to
address the violation behavior. A revocation sanction shall never be imposed on
a compact offender.
(F) An offender
ordered to serve a term of incarceration following revocation for a post-prison
supervision violation is not eligible for earned credit time or transitional
leave.
(G) An offender ordered to
serve a term of prison incarceration as a sanction for a post-prison
supervision violation shall receive credit for time served in a state or local
correctional facility on the supervisory violation prior to the Board of Parole
and Post-Prison Supervision's imposition of a prison term sanction.
(4) Level of Authority
for Short-Term Transitional Leave Cases: Determine the level of authority that
may impose the sanction (i.e., 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.
(5) Level of Authority for
Nonprison Leave Cases: Determine the level of authority that may impose the
sanction (i.e., 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.
(6) Nothing in these rules shall
limit the authority of the officer and agency to direct the offender into
appropriate interventions outside of the administrative sanctioning
process.
(7) Sanctioning of
Offenders Held in Jail on Officer's Detainer for Violation of Probation
Conditions:
(a) When an offender 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 sanction within the first 36 hours of the
offender'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 offender 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 his/her
detainer lodged with the county jail authority. Nothing in these rules shall
prohibit an officer from issuing a new detainer for the offender'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 offender does not consent to
administrative sanctions imposed by the officer, the officer, as soon as
practicable but within one judicial day, shall report the arrest or detention
to the court that imposed the probation. The officer shall promptly submit to
the court a report showing in what manner the offender has violated the
conditions of probation.
(8) Sanctioning of offenders held in jail on
officer's detainer for violations of parole or post-prison supervision,
short-term transitional leave, or nonprison leave conditions: Within 15 days of
the offender's arrest, either a structured sanction must be imposed or
violation hearing proceedings initiated.
To view tables 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
