Or. Admin. Code § 291-206-0020

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

Section 291-206-0020 - Inactive Supervision

(1) Upon completion of the minimum period of active supervision as authorized in OAR 291-206-0015, the supervising officer or designee shall review the offender's file and determine if the offender is in compliance with the offender's probation conditions and any applicable supervision plan as defined in these rules.

(a) If the supervising officer or designee determines that the offender is in compliance, the supervising officer shall recommend to the supervisory authority that it place the offender on inactive probation supervision, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws. Upon receiving a request from the supervising officer, the supervising authority shall place the offender on inactive probation supervision if the supervisory authority determines that the offender is in compliance with probation conditions and any applicable supervision plan as defined in these rules.

(b) If the supervising officer or designee determines that the offender is not in compliance with the conditions of probation and any applicable supervision plan, the supervisory authority shall extend the period of active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws.

(2) Notwithstanding subsection (1)(b) of this rule, the supervising authority may later place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community.

(3) Offenders on or Requesting Compact Supervision in Another State:

(a) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules.

(b) An offender requesting to leave the State of Oregon to reside in another state while on inactive supervision must receive approval for transfer of the offender's supervision through the Interstate Compact process before being allowed to do so.

Or. Admin. Code § 291-206-0020

DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660