Or. Admin. R. 291-062-0110

Current through Register Vol. 63, No. 5, May 1, 2024

Section 291-062-0110 - Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC's legal custody but are temporarily outside of DOC's physical custody for reasons that include, but are not limited to, court proceeding, medical appointments, work assignments, programs, or interstate compact. AIC also includes individuals who have been released onto STTL, Non-prison leave, or emergency leave.

(2) Alternative Incarceration Program (AIP): A highly structured corrections program that includes intensive interventions, rigorous personal responsibility and accountability, and service to the community.

(3) Custody Cycle: The time period during which an offender begins incarceration with the Department of Corrections and is under the supervision of community corrections until discharge from all Department of Corrections and community corrections incarceration and supervision.

(4) Other Charges: Any criminal or civil accusatory instrument that alleges wrongdoing and for which a person may be imprisoned or incarcerated.

(5) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an AIP. Nonprison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.750, 137.751, 421.508, and 421.510, and the department's rules on Alternative Incarceration Programs (OAR 291-062).

(6) Revocation Hearing: A hearing to determine whether there is probable cause to believe the adult in custody has violated one or more conditions of nonprison leave, whether there are reasons or circumstances that warrant the adult in custody be returned to the Department of Corrections, or both.

(7) Term of Incarceration: The period of commitment to the legal and physical custody of the department imposed by a sentencing court in a judgment. For purposes of these administrative rules, "term of incarceration" includes pre-sentence incarceration credit granted to an AIC by the department under ORS 137.370, as well as any time an AIC spends on short-term transitional leave under ORS 421.168 or nonprison leave under ORS 421.510.

Or. Admin. R. 291-062-0110

DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04; DOC 5-2004, f. & cert. ef. 7-12-04; DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05; DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09; DOC 12-2009, f. & cert. ef. 7-13-09; DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12; DOC 4-2012, f. & cert. ef. 3-1-12; DOC 6-2017, f. & cert. ef. 5/17/2017; DOC 13-2020, temporary amend filed 07/16/2020, effective 7/16/2020 through 1/11/2021; DOC 1-2021, amend filed 01/05/2021, effective 1/5/2021

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075