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

 

DIVISION 209

EARNED DISCHARGE

291-209-0010

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.633, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to describe the manner in which an offender sentenced to felony probation or to the legal and physical custody of the supervisory authority under ORS 137.124(2) may receive a reduction in the period of supervision in accordance with the provisions of 137.633.

(3) Policy:

(a) It is the policy of the Department of Corrections that eligible offenders be considered by the supervisory authority for a reduction in the period of supervision for complying with their terms of supervision, including the payment of restitution and participation in recidivism reduction programs, as provided in these rules.

(b) Offenders whose supervision has been transferred to Oregon under the Interstate Compact for Adult Offender Supervision are ineligible for earned discharge under these rules.

(c) These rules apply to offenders convicted of a felony and sentenced on or after August 1, 2013, to probation or to the legal and physical custody of the supervisory authority under ORS 137.124(2).

(d) These rules do not apply to persons who:

(A) Were originally sentenced before August 1, 2013, and who are subsequently resentenced on or after August 1, 2013, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason; or

(B) Were sentenced on or after August 1, 2013, to probation or to the legal and physical custody of the supervisory authority but the supervision is under the jurisdiction of the Board of Parole and Post-Prison Supervision.

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

291-209-0020

Definitions for OAR 291-209-0020 to 291-209-0070

(1) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured by the act constituting a crime has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction).

(2) Compliance with the Conditions of Supervision and the Supervision Case Plan: For purposes of these rules, the supervisory authority shall deem an eligible offender to be in compliance with the conditions of supervision and any applicable supervision case plan if the offender:

(a) Has fully paid any restitution or compensatory fines ordered by the court; and

(b) Is actively participating in his/her supervision case plan.

(3) Earned Discharge: A discharge from probation or local control post-prison supervision prior to the scheduled supervision expiration date.

(4) Interventions: Interventions imposed by the Department of Corrections or a county community corrections agency for violations of one or more conditions of supervision. Interventions include, but are not limited to, verbal reprimand, written reprimand, job search programming, increased reporting requirements, curfew, day reporting, modification of conditions, and outpatient treatment. Intervention responses are not counted as custody units and may be imposed along with sanctions.

(5) Offender: Any person under the supervision of local community corrections who is on probation, parole, or post-prison supervision status

(6) Restitution: Full, partial or nominal payment of economic damages to a victim.

(7) Supervising Officer: The parole and probation officer assigned to supervise the offender.

(8) Supervision: Supervision requiring the supervising officer's regular contact with and monitoring of the offender to assure continued compliance with the general and special conditions of probation supervision.

(9) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1).

(10) Time Credits: Reduction credits applied to the period of supervision imposed for the case under consideration.

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

291-209-0030

Period of Supervision

(1) All persons convicted of a felony and sentenced on or after August 1, 2013, to probation or to the legal and physical custody of the supervisory authority under ORS 137.124(2) shall serve a minimum period of supervision before consideration for earned discharge under these rules.

(2) The maximum amount of time credits earned under this rule may not exceed 50 percent of the period of supervision imposed.

(3) Time credits may not be used to shorten the period of supervision to less than six months.

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

291-209-0040

Earned Discharge

At 60 days prior to completion of the minimum period of supervision as authorized in OAR 291-209-0030, the supervising officer or designee shall review the offender’s file and determine if the offender is in compliance with the offender’s conditions and any applicable supervision case plan as defined in these rules.

(1) If the supervising officer or designee determines that the offender is in compliance, the supervising officer shall recommend to the supervisory authority that it grant time credits to the offender.

(2) Upon receiving a request from the supervising officer, the supervisory authority shall grant the offender time credits if the supervisory authority determines that the offender is in compliance with his or her conditions of supervision and any applicable supervision case plan as defined in these rules.

(3) If the supervising officer or designee determines that the offender is not in compliance, time credits shall not be granted; and the supervising officer shall conduct a subsequent earned discharge review every 60 calendar days thereafter until the offender is approved for time credits or the case under consideration reaches its sentence expiration date.

(4) If the offender has been found in violation by the court or sanctioned for new criminal activity while on supervision for the case under consideration, the offender is not eligible for time credits.

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

291-209-0050

Retraction of Time Credits

(1) Time credits previously applied will be retracted in accordance with the Earned Discharge Review Grid (Attachment A) when the offender has absconded supervision, been sanctioned while on supervision for the case under review, or has violated a no contact order.

(2) If an offender has been arrested for a person-to-person crime while on supervision for the case under review, all time credits previously applied will be retracted.

[ED. NOTE: Attachments referenced are not included in rule text. Click here for PDF copy of attachment(s).]

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

291-209-0060

Restoration of Time Credits

(1) For good cause shown, time credits that have been retracted may be restored upon recommendation by the supervising officer or designee and upon approval by the supervisory authority.

(2) If time credits were retracted in accordance with OAR 291-209-0050(2), those time credits, excluding any credits retracted in accordance with 291-209-0050(1), shall be restored if the charges are dismissed, no complainted, or acquitted.

(3) Restored time credits may not exceed those previously retracted or exceed those credits remaining on the case under review.

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

291-209-0070

Appeals

Appeals will be processed through the supervisory authority’s grievance policy.

Stat Auth: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.633, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

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