Or. Admin. Code § 291-058-0047
Current through Register Vol. 63, No. 11, November 1, 2024
Section 291-058-0047 - [Effective 2/27/2025] Imposition of Administrative Sanctions/Interventions on Nonprison Leave Inmates(1) The process to impose administrative sanctions or interventions on inmates on nonprison leave shall be the same as for offenders on probation, parole, post-prison supervision, and compact cases with the restrictions listed in subsections (2) through (7) below. (2) Only violations in the "Behavior Level 1" and "Behavior Level 2" columns on the Administrative Sanctions Sanctioning Grid (Attachment A) shall be addressed with an administrative sanction or intervention response. (3) Violations found to be in the "Behavior Level 3" of Attachment A shall be addressed in accordance with the department's rule on Alternative Incarceration Programs, specifically OAR 291-062-0165(2).(4) If an inmate does not consent to the administrative sanctions or interventions imposed by the officer, the officer, as soon as practicable, but within five days, shall report the violation to the institution functional unit manager or designee in accordance with the department's rule on Alternative Incarceration Programs; specifically OAR 291-062-0165(2). (5) If the indicated level of sanction response is considered to be insufficient to address the seriousness of the violation behavior, a higher level of sanction, up to and including revocation of nonprison leave and returning the inmate to a Department of Corrections facility, may be imposed only after consultation and agreement of the institution functional unit manager or designee. For revocation of nonprison leave recommendations submitted under this section, officers shall use the process outlined in OAR 291-062-0165. (6) Use of jail sanctions for inmates on nonprison leave from an alternative incarceration program must be agreed upon by both Department of Corrections and the local county. A jail sanction cannot exceed three days. Credit for sanction units for work crew, community service, restitution or work release centers, and house arrest shall be distributed according to Attachment B.Or. Admin. Code § 291-058-0047
DOC 7-2017, f. & cert. ef. 5/17/2017; DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017; 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, 179.040, 421.510, 423.020, 423.030, and 423.075Stat Impl: ORS 137.595, 179.040, 421.510, 423.020, 423.030 & and 423.075