Or. Admin. Code § 291-058-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-058-0030 - [Effective 2/27/2025] Application to Offenders

(1) These rules shall apply to all offenders on probation for a felony committed on or after September 1, 1993, unless the court retained jurisdiction.

(2) These rules shall apply to offenders on probation for a felony committed prior to September 1, 1993, if:

(a) The sentencing judge orders the offender to be subject to the structured, intermediate sanctions sanctioning process; and

(b) The offender consents in writing or on the record to be subject to the structured, intermediate sanctions sanctioning process.

(3) The agency or officer shall present offenders on probation for a felony committed prior to September 1, 1993, with the option of consenting to be subject to the structured, intermediate sanctions sanctioning process for violation of conditions of probation supervision. Offenders may consent in writing to be subject to the structured, intermediate sanctions sanctioning process by signing a Structured, Intermediate Sanctions Sanctioning Process Consent form (CD 1274). The agency/officer shall present an offender's written consent to be subject to the structured, intermediate sanctions sanctioning process to the sentencing court for the court's approval and signature.

(4) These rules apply to all offenders on parole and post-prison supervision and all compact offenders supervised in Oregon.

(5) These rules apply to all inmates on short-term transitional leave with specific limitations set forth in OAR 291-058-0046.

(6) These rules apply to all inmates on nonprison leave with specific limitations set forth in OAR 291-058-0047.

(7) These rules apply to offenders on probation for a designated drug-related misdemeanor, as defined in ORS 423.478, for crimes committed on or after August 15, 2017.

Or. Admin. Code § 291-058-0030

CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93; CD 8-1994, f. 3-18-94, cert. ef. 3-29-94; CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98; DOC 11-1998, f. & cert. ef. 5-19-98; DOC 8-2009, f. & cert. ef. 5-29-09; DOC 7-2017, f. & cert. ef. 5/17/2017; DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DOC 10-2019, amend filed 06/19/2019, effective 6/19/2019; DOC 19-2024, temporary amend filed 08/28/2024, effective 9/1/2024 through 2/27/2025

Statutory/Other Authority: ORS 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, ORS 137.592 & 137.593

Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075