Current through Register Vol. 63, No. 9, September 1, 2024
(1) For alternative incarceration program
participants who violate their conditions of nonprison leave, administrative
sanctions or interventions, including revocation of nonprison leave, may be
imposed in accordance with the department's rules on Structured, Intermediate
Sanctions (OAR 291-058) and the department's rules on Leave Revocation Hearings
(OAR 291-066).
(2) Revocation of
Nonprison Leave
(a) If, pursuant to OAR
291-058-0047, an officer
believes that an adult on leave has violated a condition of nonprison leave and
recommends revocation of nonprison leave under OAR
291-058-0047(5) after consultation and agreement of the
institution functional unit manager or designee, the adult on leave shall be
subject to immediate return to a Department of Corrections facility and subject
to a hearing as provided in the department's rule on Leave Revocation Hearings
(OAR 291-066). An AIC found in violation of a nonprison leave condition, may be
subject to revocation and immediate return to a Department of Corrections
institution following the procedures provided in the department's rules on
Leave Revocation Hearings (OAR 291-066.) Upon return to a Department of
Corrections institution the AIC also may be subject to other sanctions in
accordance with the Department of Corrections rules on Prohibited Conduct and
Processing Disciplinary Actions (OAR 291-105).
(A) If the adult on leave's whereabouts are
unknown, it shall be the responsibility of the supervising officer to
immediately submit a warrant request in writing to the institution functional
unit manager or designee. A warrant will be issued in accordance with the
Department of Corrections policy. Upon apprehension, it shall be the
responsibility of the supervising officer to report the alleged violation and
recommended sanction in writing to the institution functional unit manager or
designee.
(B) If the adult on
leave's whereabouts are known and the violation is believed to support a
revocation of the nonprison leave, it shall be the responsibility of the
supervising officer to report the alleged violation in writing to the
institution functional unit manager or designee within five working days of the
alleged violation.
(b)
When revocation of nonprison leave is approved, the releasing authority shall
ensure that a misconduct report is submitted in accordance with the
department's rules on Prohibited Conduct and Processing Disciplinary Actions
(OAR 291-105).
(c) When the adult
on leave is returned to a Department of Corrections facility and a misconduct
report is submitted, a hearing shall be conducted in accordance with the
Department of Corrections rules on Prohibited Conduct and Processing
Disciplinary Actions (OAR 291-105).
(3) An alternative incarceration program
participant whose nonprison leave is revoked for violating a condition of
nonprison leave disciplinary reasons AIC will be considered a program failure
and non-compliant with institution conduct for the length of the AIC's
nonprison leave. The AIC's earned time credits shall be computed as outlined in
the department's rules on Prison Term Modification (OAR 291-097).
Statutory/Other Authority: ORS
179.040,
421.500,
423.020,
423.030,
423.075,
421.512,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
179.040,
421.500,
423.020,
423.030,
423.075,
421.512,
423.020,
423.030 &
423.075
