Or. Admin. Code § 291-209-0045

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

Section 291-209-0045 - Earned Discharge

(1) Initial Earned Discharge Reviews:

(a) At 60 days prior to completion of the minimum period of supervision as authorized in OAR 291-209-0030, the supervising officer or designee shall review the adult on supervision's file and determine if they are in compliance with their conditions of supervision and any applicable supervision case plan which includes that the adult on supervision:

(A) Has either fully paid any restitution and compensatory fine ordered by the court, or established a payment schedule through the court or appropriate supervising authority consistent with ORS 137.106, and is current in their payment obligations;

(B) Has not been administratively sanctioned, excluding interventions, or found in violation by the court in the immediate six months prior to consideration for discharge on the eligible case(s) under review; and

(C) Has completed any specialty court program ordered by the court, all treatment programs with set durations or timeframes and has consistently participated in ongoing treatment programs assigned by the court, BPPPS, or supervising officer.(b) If the supervising officer or designee determines that the adult on supervision is in compliance, the supervising officer shall recommend to the supervisory authority that it grant earned discharge to the adult on supervision.

(b) Upon receiving a request from the supervising officer, the supervisory authority shall grant the adult on supervision earned discharge if the supervisory authority determines that they are in compliance with their conditions of supervision and any applicable supervision case plan as defined in these rules.

(2) Subsequent Earned Discharge Reviews:

(a) If the supervising officer or designee determines on an initial earned discharge review that the adult on supervision is not in compliance, the supervising officer shall conduct a subsequent earned discharge review upon receiving information at any time thereafter during the period of supervision that the adult on supervision has come into compliance until the adult on supervision is approved for earned discharge or the case under consideration reaches its sentence expiration date.

(b) If the supervising officer or designee determines that the adult on supervision is in compliance, the supervising officer shall recommend to the supervisory authority that it grant earned discharge to the adult on supervision.

(c) Upon receiving a request from the supervising officer, the supervisory authority shall grant the adult on supervision earned discharge if the supervisory authority determines that they are in compliance with their conditions of supervision and any applicable supervision case plan as defined in these rules.

(3) If the adult on supervision has been convicted of a new felony or misdemeanor crime that occurred while on supervision for the case under consideration, they are not eligible for earned discharge.

Or. Admin. Code § 291-209-0045

DOC 5-2022, adopt filed 06/29/2022, effective 6/29/2022; DOC 17-2023, temporary amend filed 12/29/2023, effective 1/1/2024 through 6/28/2024; DOC 9-2024, amend filed 05/16/2024, effective 5/24/2024

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075