Or. Admin. Code § 213-011-0004

Current through Register Vol. 63, No. 11, November 1, 2024

Section 213-011-0004 - Post-Prison Supervision Sanctions

(1) The supervisory authority shall use a continuum of administrative sanctions for violation of the conditions of post-prison supervision. The sanction continuum shall include: adjustments to the level of supervision, modification of or addition to the conditions of community supervision as approved by the Board, and any other appropriate available local sanction.

(2) If the violation of post-prison supervision is new criminal activity or if the supervisory authority finds that the continuum of sanctions is insufficient punishment for any violation of the conditions of post-prison supervision, the supervisory authority may request the Board to impose the most restrictive local options available including incarceration in jail.

(3) If requested to impose the most restrictive local option available pursuant to subsection (2), the Board shall hold a hearing to determine whether incarceration in jail is appropriate and may impose an appropriate term of incarceration up to ninety (90) days for a technical violation and up to one hundred and eighty (180) days for conduct constituting a crime. Except as provided in OAR 213-005-0004(2) during the full term of post-prison supervision, for violations of the conditions of supervision, an offender may not be required to serve more than:

(a) Six months of incarceration if the term of post-prison supervision is one year;

(b) Nine months of incarceration if the term of post-prison supervision is two years; or

(c) Twelve months of incarceration if the term of post-prison supervision is three years or longer.

(4) An offender ordered to serve a term of incarceration in jail as a sanction for a post-prison supervision violation is not eligible for earned-credit time or transitional leave.

(5) An offender ordered to serve a term of incarceration in jail 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's imposition of a term of incarceration in jail.

Or. Admin. Code § 213-011-0004

SSGB 2-1988, f. 12-30-88, cert. ef. 9-1-89; SSGB 1-1989, f. 5-25-89, cert. ef. 9-1-89; SSGB 1-1993(Temp), f. & cert. ef. 9-15-93; SSGB 2-1993, f. 10-28-93, cert. ef. 11-1-93; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96; Renumbered from 253-011-0004; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97

Stat. Auth.: ORS 137.667.

Stats. Implemented: ORS 137.667 - ORS 137.669