Or. Admin. Code § 291-058-0045
Current through Register Vol. 63, No. 11, November 1, 2024
Section 291-058-0045 - [Effective 2/27/2025] Imposition of Administrative Sanctions/Interventions on Offenders(1) The officer shall determine whether the alleged violation behavior is appropriately responded to with interventions or with structured, intermediate sanctions, or both. (2) If the officer determines that the alleged violation behavior is appropriately responded to with an intervention, the officer may direct the offender into appropriate interventions outside of the administrative sanctioning process as authorized by the agency.(3) If the officer determines that the alleged violation behavior is appropriately responded to with administrative sanctions, the officer shall determine and impose appropriate administrative sanctions using the Administrative Sanctions Sanctioning Grid (Attachment A) and the Sanction Equivalency Table (Attachment B), and the following procedures: (a) Identify the offender's current supervision level.(b) Identify the behavior severity level using the Behavior Severity Chart on the Administrative Sanctions Sanctioning Grid. For a series of violations, select the violation that fits into the highest behavior severity level.(c) Using the supervision and behavior severity levels, identify the appropriate behavior level response block (custody/non-custody responses) for sanction response options. (d) For probation cases, determine the number of jail and non-jail custody/sanction units remaining for use as structured, intermediate sanctions applicable to the offender's probationary sentence or order. There is no limit to the amount of total sanction time that can be imposed during a period of parole or post-prison supervision or on compact cases.(e) Determine the appropriate sanction response to impose. Sanctions may not exceed the maximum number of custody/sanction units as indicated on the Administrative Sanctions Sanctioning Grid, using the Sanction Equivalency Table. (f) An administrative sanction or intervention at the agency level cannot be imposed on more than one case at a time, and cases cannot be sanctioned separately for individual violations arising from a series of violations.(g) If the indicated level of sanction response is considered insufficient to address the seriousness of the violation behavior, a higher level of sanction, up to and including returning an offender to court or the Board of Parole and Post-Prison Supervision, may be imposed only after consultation and agreement of the unit supervisor or approval process established by the agency or local supervisory authority. For revocation recommendations submitted under this section of rule, an offender may be returned to court or the Board of Parole and Post-Prison Supervision only after consultation with the unit supervisor and the agreement of the local supervisory authority or designee.(h) Level of Authority for Probation Cases: Determine the level of authority that may impose the sanction (agency or court). Jail confinement imposed as an administrative sanction may not exceed 60 days per violation report. The total number of days of jail confinement for all violation reports per conviction may not exceed the maximum number of available jail custody/sanction units as provided by rules of the Criminal Justice Commission. The officer shall follow agency policy for supervisory review when imposing jail confinement sanctions. (A) If the appropriate sanction falls within the agency level designation, the officer shall impose the sanction following agency procedures for consultation with supervisory personnel.(B) If the appropriate sanction falls within the court level designation, the officer may impose a sanction from the agency level designation or report the violation behavior to the court with a recommendation that the appropriate sanction from the court level designation be imposed.(C) If the offender has previously served all of the available custody/sanction units applicable to his/her probationary sentence or order, the officer may order appropriate interventions or report the violation to the court for disposition.(i) Level of Authority for Parole and Post-Prison Supervision and Compact Cases: Determine the level of authority that may impose the sanction (i.e., officer, hearings officer or other agency designee, Board of Parole and Post-Prison Supervision, local supervisory authority, or releasing authority for compact cases). (A) An officer may order local sanctions including a local confinement sanction not exceeding 30 days.(B) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding 60 days.(C) The Board of Parole and Post-Prison Supervision, local supervisory authority, or releasing authority in the state of conviction for compact cases may order administrative sanctions not exceeding 90 days.(D) Revocation Sanctions: If structured sanctions are not felt sufficient to manage the offender, the local supervisory authority or the Board of Parole and Post-Prison Supervision shall hold a hearing to determine whether incarceration is appropriate and may impose an appropriate revocation term of incarceration in compliance with the Oregon Criminal Justice Commission rules (OAR 213-005-0004) and the Board of Parole and Post-Prison Supervision rules (OAR 255-075).(E) Revocation Sanctions for Compact Cases: If structured sanctions are not felt sufficient to manage the offender, the officer shall prepare a compact violation report detailing the alleged violation and recommending the offender's return to the sending state to address the violation behavior. A revocation sanction shall never be imposed on a compact offender.(F) An offender ordered to serve a term of incarceration following revocation for a post-prison supervision violation is not eligible for earned credit time or transitional leave.(G) An offender ordered to serve a term of prison incarceration as a sanction for a post-prison supervision violation shall receive credit for time served in a state or local correctional facility on the supervisory violation prior to the Board of Parole and Post-Prison Supervision's imposition of a prison term sanction.(4) Level of Authority for Short-Term Transitional Leave Cases: Determine the level of authority that may impose the sanction (i.e., officer, hearings officer or other agency designee, or releasing authority). (a) An officer may order local sanctions including a local confinement sanction not exceeding 30 days.(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding 60 days.(c) The releasing authority may order sanctions up to and including revocation of leave and return to a Department of Corrections facility.(d) Any local confinement sanctions shall be reported to the releasing authority in accordance with OAR 291-058-0066.(5) Level of Authority for Nonprison Leave Cases: Determine the level of authority that may impose the sanction (i.e., officer, hearings officer or other agency designee, or releasing authority. (a) An officer may order local sanctions including a local confinement sanction not exceeding three days.(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding three days.(c) The releasing authority may order sanctions up to and including revocation of leave and return to a Department of Corrections facility.(d) All sanctions shall be reported to the releasing authority in accordance with OAR 291-058-0067.(6) Nothing in these rules shall limit the authority of the officer and agency to direct the offender into appropriate interventions outside of the administrative sanctioning process.(7) Sanctioning of Offenders Held in Jail on Officer's Detainer for Violation of Probation Conditions: (a) When an offender is arrested and detained in a county jail on authority of an officer's detainer for a violation of the conditions of probation, the officer shall complete the imposition of administrative sanction within the first 36 hours of the offender's detention, excluding Saturdays, Sundays, and holidays, unless later disposition is authorized by supervisory personnel. Agency supervisory personnel, in consultation with the jail supervisory personnel, may authorize an extension of the 36-hour period for up to five judicial days if the officer is unable to collect the necessary information or meet with the offender within the 36-hour period.(b) If the imposition of administrative sanctions is not completed within the authorized period, the officer shall notify the jail supervisor and remove his/her detainer lodged with the county jail authority. Nothing in these rules shall prohibit an officer from issuing a new detainer for the offender's arrest and detention for a violation of the conditions of probation upon receipt of the information necessary for the officer to assess the full nature and extent of the violation, and impose appropriate administrative sanctions. (c) If the offender does not consent to administrative sanctions imposed by the officer, the officer, as soon as practicable but within one judicial day, shall report the arrest or detention to the court that imposed the probation. The officer shall promptly submit to the court a report showing in what manner the offender has violated the conditions of probation.(8) Sanctioning of offenders held in jail on officer's detainer for violations of parole or post-prison supervision, short-term transitional leave, or nonprison leave conditions: Within 15 days of the offender's arrest, either a structured sanction must be imposed or violation hearing proceedings initiated.Or. Admin. Code § 291-058-0045
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98; DOC 11-1998, f. & cert. ef. 5-19-98; DOC 6-2001, f. & cert. ef. 2-7-01; DOC 13-2001, f. & cert. ef. 7-11-01; DOC 11-2002, f. & cert. ef. 8-1-02; DOC 8-2009, f. & cert. ef. 5-29-09; DOC 7-2017, f. & cert. ef. 5/17/2017; DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017; 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 2/27/2025Statutory/Other Authority: 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
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