Current through Register Vol. 63, No. 9, September 1, 2024
(1) Short-term transitional leave may be
granted for an AIC releasing from any Department of Corrections facility or
county facility with proper approval of the releasing authority.
(2) Transitional Leave Release Plan:
(a) Designated employees shall initiate the
short-term transitional leave process by identifying eligible AICs.
(b) Designated employees, in conjunction with
the county of supervision, shall assist eligible AICs in preparing a
transitional leave release plan.
(c) The county of supervision shall
investigate and respond to a transitional leave release plan within 45 days of
receipt of the plan.
(d) The county
of supervision must support the AIC's release to short-term transitional
leave.
(3) Approval:
(a) The releasing authority or designee may
grant a short-term transitional leave to allow an AIC to participate in an
approved release plan.
(b) Under
the provisions of ORS
144.260, notification must be
sent to the district attorney 30 days before the AIC's unescorted release from
actual physical custody. If the sentencing judge or victim requests, they will
be notified in the same manner.
(c)
No short-term transitional leave will be granted to allow the AIC to reside
with a Department of Corrections employee, contractor, or volunteer, unless the
AIC is an immediate family member of the employee, contractor, or
volunteer.
(d) If the transition
plan is not approved, the AIC may obtain an administrative review of that
decision by submitting a request in writing to the Assistant Director of
Community Corrections Division. All administrative review decisions are
final.
(4) All expenses
while on short-term transitional leave shall be borne by the AIC unless
otherwise specifically authorized. AICs placed on short-term transitional leave
are responsible for their own medical care.
(5) The Department may rescind approval for
short-term transitional leave at any time, for administrative reasons. If the
department rescinds approval while the AIC is on short-term transitional leave
status, the AIC may request a hearing regarding the department's decision to
rescind approval for administrative reasons.
(a) If the AIC requests a hearing, the
department will provide a hearing using applicable Department rules for Leave
Revocation Hearings (OAR 291-066) for evidence and making preliminary findings
of fact, to the extent that those rules are not inconsistent with these rules
(OAR 291-063). After the hearings officer has provided a final report described
in OAR 291-066-0310, the department will make a final determination as to
whether to revoke leave as provided in these rules (OAR 291-063).
(b) The hearing may be conducted prior to the
physical return of the AIC to DOC custody if feasible however is not required.
If the AIC is returned to the physical custody of DOC prior to the hearing, the
hearing will be conducted once the AIC is housed in a DOC
facility.
Statutory/Other Authority: ORS
179.040,
421.168,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
179.040,
421.168,
423.020,
423.030 &
423.075
