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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 180

INTERSTATE COMPACT

291-180-0106

Authority, Purpose, Policy, and Applicability

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 144.600, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: These rules establish Oregon's participation in the Interstate Compact for Adult Offender Supervision (ICAOS) and the processing and management of offenders transferring into or out of Oregon under the provisions of this compact. They provide guidance to county community corrections agencies and Department of Corrections institutions regarding the transfer and management of offenders sent or received from other states under this compact.

(3) Policy: It is the policy of the Department of Corrections to fully participate in the Interstate Compact for Adult Offender Supervision in accordance with ORS 144.600 and comply with rules lawfully promulgated by the National Interstate Commission within the inherent limitations of resources.

(4) Applicability: These rules apply to all offenders relocating to other states, applying for or receiving interstate compact services under the Interstate Compact for Adult Offender Supervision.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 2-2005, f. & cert. ef. 2-24-05

291-180-0252

Standards for Interstate Transfer of Adult Offenders

(1) The Department of Corrections adopts by this reference standards for the interstate transfer of adult offender supervision set out in the official ICAOS rules, published by the Interstate Commission for Adult Offender Supervision, as updated to reflect amendments to the rules effective March 1, 2011. The rules may be viewed at the ICAOS website at www.interstatecompact.org.

(2) This rule applies retroactively to all offenders relocating to other states, applying for or receiving interstate compact services under the Interstate Compact for Adult Offender Supervision, on or after August 31, 2011.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 25-2011, f. 12-5-11 cert. ef. 12-7-11

291-180-0262

Travel Permits

(1) No offenders shall relocate to another state except as provided by the ICAOS rules. Travel Permits may be issued for up to 30 days, with a subsequent extension of 15 days in emergency situations. Offenders shall be transferred pursuant to ICAOS rules if their need exceeds 45 consecutive days in another state. The offender shall return and remain in Oregon pending the Interstate Compact transfer process. No person shall be allowed to travel out of state for treatment or programming purposes that exceeds 45 consecutive days unless they have been accepted through the Interstate Compact transfer process.

(2) This rule applies retroactively to all offenders relocating to other states, applying for or receiving interstate compact services under the Interstate Compact for Adult Offender Supervision, on or after August 31, 2011.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 25-2011, f. 12-5-11 cert. ef. 12-7-11

291-180-0265

Fugitives from Justice

Transfer investigations shall not be requested or accepted on offenders with outstanding warrants who are non-residents of the receiving state. Fugitive status is inconsistent with a proper "valid plan of supervision" and compliance with conditions of supervision. Exceptions may be granted by the Compact Administrator or their designee.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 2-2005, f. & cert. ef. 2-24-05

291-180-0274

Application Fee for Interstate Compact Transfers

(1) Payment of NonRefundable Application Fee Required:

(a) Offenders on probation, parole, or post-prison supervision who request transfer of their supervision to another state under the compact must submit a nonrefundable application fee of $50 to the supervisory authority. The fee must be received by the supervisory authority before the Department of Corrections will process the offender’s transfer request.

(b) Payment of an additional application fee will not be required of offenders for processing revised or subsequent requests for transfer of their supervision to the same state. However, offenders who request transfer of their supervision to the same state after being returned to Oregon from the receiving state from a previous compact transfer, and offenders that make a subsequent request for transfer of their supervision to a different state must pay a new application fee.

(2) The supervisory authority shall collect the application fee and forward it to the Governor’s Office for deposit in the Arrest and Return Account as defined in ORS 133.865.

(a) The fee shall be paid and collected in the form of a bank money order or cashier’s check made payable and mailed to “State of Oregon, c/o Director of Extradition Services, Governor’s Office, Room 160 State Capitol Building, Salem, OR 97310”

(b) The payment should be identified as an Interstate Compact Application fee and include the offender’s name and SID number.

(3) The application fee is not subject to waiver; however, upon the recommendation of the supervisory authority, the Department of Corrections may reduce the amount of the fee by up to 50%. In determining if a fee reduction is warranted, the supervisory authority shall consider:

(a) The offender’s financial resources;

(b) The burden the application fee will impose in light of the offender’s overall obligations;

(c) The rehabilitative effect of the application fee and compact transfer; and

(d) The community’s interests in the transfer of the offender.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030
Hist.: DOC 1-2010(Temp), f. & cert. ef. 1-4-10 thru 7-3-10; DOC 7-2010, f. & cert. ef. 6-10-10

291-180-0275

Retaken Offenders

(1) An offender who was previously retaken and returned to this state from another state at cost to the State of Oregon, whether by formal or informal means, shall not be approved by the Department of Corrections for an interstate compact supervision transfer under these rules until such time as the offender repays to the State of Oregon all costs incurred by the State of Oregon in effecting the offender’s return to this state. Limited exceptions may be granted by the Compact Administrator or designee based on individual circumstances.

(2) This rule applies to all offenders applying for a transfer of their supervision to another state under the Interstate Compact for Adult Offender Supervision (ICAOS) before, on or after January 1, 2012, whose applications have not been previously approved by the Department of Corrections.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; DOC 1-2012(Temp), f. & cert. ef. 1-10-12 thru 7-8-12; DOC 6-2012, f. & cert. ef. 5-24-12

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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