Or. Admin. Code § 291-019-0205

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

Section 291-019-0205 - Transfer of Sex Offender Supervision Between Community Corrections Agencies: Standards for Request and Acceptance

(1) Requests:

(a) Emergency Reporting Instructions: Under no circumstances shall a probation or parole officer allow a sex offender to move to a new county without first applying for and receiving emergency reporting instructions.

(A) If a sex offender meets the documented parameters for emergency reporting instructions, the sending county must provide emergency reporting information to the receiving county. The receiving county has up to five days to reply. Once the receiving county has accepted the adult on supervision on an emergency basis, a transfer packet must be sent to the receiving county.

(B) If parameters for emergency reporting instructions do not apply, then the adult on supervision must remain in the sending county until a full transfer investigation is completed.

(b) Transfer Investigation: In all cases involving the transfer of the supervision responsibility for sex offenders, the sending county shall ensure that the following information is up to date and accurate in the adult on supervision's file and, where applicable, in the Corrections Information System (CIS), Offender Management System (OMS), and LEDS EPR prior to making the investigation request:

(A) Name: Last, first, and middle;

(B) Date of birth;

(C) SID Number: If none is available, the sending county shall submit a fingerprint card to the State Identification Bureau prior to transfer in accordance with OSP regulations to ensure prints are accepted and an SID can be issued;

(D) Crime(s);

(E) County(ies);

(F) Sentencing data including county, docket numbers, and expiration date for each case;

(G) History or risk score according to the Public Safety Checklist or PROXY;

(H) Date of request to transfer;

(I) Special Conditions: List all special conditions including specific dollar amounts for restitution, community service hours, and any other conditions requiring specificity;

(J) Residence: Provide a complete address; rural addresses should include specific directions on location of the residence as well as a description;

(K) Conformance: Note any non-compliance with either the general or special conditions of supervision. Reflect the exact amount of any financial obligations owed to date and any other pertinent information.

(L) Court orders, or parole or post-prison supervision order;

(M) Sex offender evaluation (if available);

(N) Presentence investigation or police reports;

(O) Completed sex offender risk assessment; and

(P) Most recent treatment progress report or treatment discharge report.

(2) Acceptance or Rejection:

(a) The receiving county must complete the investigation and respond to the sending county within 30 calendar days of submission by the sending county.

(b) The transfer request must be accepted if the adult on supervision has a job or other legitimate source of income, a residence, and the means to comply with the special conditions of their supervision unless:

(A) The only active supervision is for a non-funded misdemeanor and the receiving county is unable to provide supervision based on the non-funded status, due to county policy or resource limitations; or

(B) Public safety would be compromised by the transfer (e.g., a sex offender residing in a dwelling where children are present; a proposed residence provider supporting sex offender's denial or noncompliance; a drug offender residing in a known drug house; an arson offender residing in a boarding house); or

(C) The supervision is for a low or limited supervision level or low risk level adult on supervision, whereas the decision to accept supervision is at the discretion of the receiving county.

(c) Outstanding non-funded misdemeanor warrants shall not be grounds for rejection. Felony and funded misdemeanor warrants and warrants involving active cases for which an adult on supervision is under formal supervision shall be resolved prior to the transfer process.

(d) Supervision of a non-funded misdemeanor must be accepted if there is a concurrent felony or funded misdemeanor supervision.

(e) For Outstanding Warrants and Pending Criminal Charges or Violations: Prior to transfer, the sending county shall:

(A) Make reasonable efforts to resolve any warrants;

(B) Remove any individual county requirements outside of usual practice;

(C) Report all non-compliance or violations to the releasing authority; and

(D) Be responsible for resolving all pending non-compliance or violations. The sending county should collaborate with the receiving county to determine an appropriate response to pending violations.

(f) When a transfer is rejected in the interest of public safety and the sex offender was granted emergency reporting instructions, they shall be directed to return to the sending county and to initiate any further transfer requests from the sending county. Failure of the sex offender to do so is a violation and may be grounds for revocation. The reason for rejection needs to be specified and reviewed by the unit supervisor.

(g) During the transfer investigation, if an officer from the receiving county observes a violation or has reason to believe that a violation has occurred, that officer shall immediately report the alleged violation to the sending county for appropriate response.

Or. Admin. Code § 291-019-0205

DOC 6-2022, adopt filed 08/08/2022, effective 8/8/2022

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

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