Or. Admin. Code § 291-058-0050

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

Section 291-058-0050 - [Effective 2/27/2025] Reporting of Sanctions for Probation Cases/Role of Court and District Attorney

(1) Whenever administrative sanctions are imposed, the sentencing court and the district attorney on probation cases shall be notified utilizing the Department of Corrections Violation Report/Sanction Reporting form. When a probation intervention/ sanction involves modifying conditions of probation, the court must sign and return the request before the amended condition is in effect, unless specific authority has been granted to the agency by the sentencing court.

(2) Notification shall be sent via facsimile where available during the same working day in which a sanction is imposed. Where facsimile is not available, notification shall be mailed the same working day in which the sanction is imposed.

(3) Prior to the imposition of any administrative sanction or within four judicial days after receiving notice that a structured, intermediate sanction has been imposed on a probationer, the court, upon motion of the district attorney or on its own motion, may cause the offender to be brought before the court for a hearing and may revoke probation, impose such other or additional sanctions, or modify the conditions of probation as authorized by law. In no case may the sentencing judge cause an offender to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed a structured, intermediate sanction imposed by the agency.

Or. Admin. Code § 291-058-0050

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, 179.040, 423.020, 423.030, 423.075, 137.593 & ORS 137.592

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