Or. Admin. Code § 213-005-0002

Current through Register Vol. 63, No. 12, December 1, 2024

Section 213-005-0002 - Term of Post-Prison Community Supervision

(1) A term of community supervision is part of the sentence for any felony offender who is sentenced to the legal and physical custody of the Department or to the supervisory authority. This term of community supervision shall be described as post-prison supervision. Departures on the duration of post-prison supervision shall not be allowed.

(2) The duration of post-prison supervision shall be determined by the crime seriousness category of the most serious current crime of conviction:

(a) One year for Crime Categories 1-3, two years for Crime Categories 4-6 and three years for Crime Categories 7-11.

(b) Notwithstanding section (2)(a) of this rule, the following periods of post-prison supervision shall apply:

(A) For an offender convicted of murder or aggravated murder the period shall be as established in OAR 213-005-0004.

(B) For an offender sentenced as a sexually violent dangerous offender the period shall be as established in OAR 213-005-0004.

(C) The duration of the term of post-prison supervision as designated in ORS 144.103.

(3) The term of post-prison supervision shall begin upon completion of the offender's prison term or such term as directed by the supervisory authority. For offenders successfully completing the alternative incarceration program (boot camp) described in ORS 421.500 et seq., the term of post-prison supervision begins upon release pursuant to ORS 421.508(3).

(4) The term of post-prison supervision, when added to the prison term, shall not exceed the statutory maximum indeterminate sentence for the crime of conviction. When the total duration of any sentence (prison incarceration and post-prison supervision) exceeds the statutory maximum indeterminate sentence described in ORS 161.605, the sentencing judge shall first reduce the duration of post-prison supervision to the extent necessary to conform the total sentence length to the statutory maximum.

(5) The duration of post-prison supervision established under section (2) of this rule does not apply to dangerous offender departure sentences, which shall be governed by ORS 144.232.

Or. Admin. Code § 213-005-0002

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; SSGB 1-1994, f. 6-27-94, cert. ef. 7-1-94; CJC 1-1996, f. 3-6-96, cert. ef. 3-8-96, Renumbered from 253-005-0002; CJC 3-1997, f. 10-29-97, cert. ef. 11-1-97; CJC 1-1999, f. & cert. ef. 11-1-99; CJC 1-2006, f. & cert. ef. 4-12-06

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - 137.669 & 144.103