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
291-180-0115
Definitions (1.101 ICAOS)
(1) Abscond: To be absent from the offender's approved place of residence or employment with the intent of avoiding supervision.
(2) Adult: Both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(3) Application Fee: A reasonable sum of money charged an interstate compact offender by the sending state for each application for transfer prepared by the sending state.
(4) Arrival: To report to the location and officials designated in reporting instructions given to an offender at the time of the offender's departure from a sending state under an interstate compact transfer of supervision.
(5) By-laws: Those by-laws established by the Interstate Commission for Adult Offender Supervision for its governance, or for directing or controlling the Interstate Commission's actions or conduct.
(6) Compact Administrator: The individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission for Adult Offender Supervision, and policies adopted by the State Council under this compact.
(7) Compact Commissioner or Commissioner: The voting representative of each compacting state appointed under the terms of the Interstate Compact for Adult Offender Supervision as adopted in the member state.
(8) Compliance: An interstate compact offender is abiding by all terms and condition of supervision, including payment of restitution, family support, fines, court costs or other financial obligations imposed by the sending state.
(9) Deferred Sentence: A sentence the imposition of which is postponed pending the successful completion by the offender of the terms and conditions of supervision ordered by the court.
(10) Detainer: An order to hold an offender in custody.
(11) Discharge: The final completion of the sentence that was imposed on an offender by the sending state.
(12) Extradition: The return of a fugitive to a state in which the offender is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution.
(13) ICAOS: Interstate Compact for Adult Offender Supervision. The numeric reference in parenthesis next to this acronym refers to the section number of the national ICAOS rules that apply to these rules.
(14) Offender: For purposes of this rule, an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.
(15) Plan of supervision: The terms, under which an offender will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.
(16) Probable Cause Hearing: A hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender's parole or probation.
(17) Receiving State: A state to which an offender requests transfer of supervision or is transferred.
(18) Reporting Instructions: The orders given to an offender by a sending or receiving state directing the offender to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the offender is directed to report in the receiving state.
(19) Resident: person who has continuously inhabited a state for at least one year prior to the commission of the offense for which the offender is under supervision, and intends that such state shall be the person's principal place of residence, and has not, unless incarcerated, relocated to another state or states for a continuous period of six months or more with the intent to establish a new principal place of residence.
(20) Resident Family: A parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who has resided in the receiving state for 180 days or longer as of the date of the transfer request; and indicates willingness and ability to assist the offender as specified in the plan of supervision.
(21) Retaking: The act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.
(22) Rules: Acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission.
(23) Sending State: A state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules.
(24) Shall: That a state or other actor is required to perform an act, the non-performance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.
(25) Significant Violation: An offender's failure to comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision.
(26) Special Condition: A condition or term that is added to the standard conditions of parole or probation by either the sending or receiving state.
(27) Subsequent Receiving State: A state to which an offender is transferred that is not the sending state or the original receiving state.
(28) Substantial Compliance: An offender is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state.
(29) Supervision: The authority or oversight exercised by supervising authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which the offender is required to report to or be monitored by supervising authorities, and includes any condition, qualification, special condition or requirement imposed on the offender at the time of the offender's release to the community or during the period of supervision in the community.
(30) Supervision Fee: A fee collected by the receiving state for the supervision of an offender.
(31) Temporary Travel Permit: The written permission granted to an offender to travel outside the receiving state. Temporary travel permits shall not exceed 31 days and are not repeatedly renewable except as provided for in these rules. All temporary travel permits shall include the offender's crime of conviction and a beginning and ending date.
(32) Temporary Travel Permit (Victim Sensitive Cases): In "victim-sensitive" cases, the receiving state shall give notice of offender movement to the sending state regarding the issuance of a temporary travel permit. Travel permits may not exceed 31 days and must have a beginning and ending date.
(33) Travel permit: The written permission granted to an offender authorizing the offender to relocate from one state to another. All travel permits shall include the offender's crime of conviction.
(34) Victim: A natural person or the family of a natural person who has suffered physical injury or serious emotional harm as a result of an act or omission of an offender.
(35) Victim-Sensitive: A designation made by the sending state in accordance with its definition of "crime victim" under the statutes governing the rights of crime victims in the sending state.
(36) Waiver: The voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by an offender.
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
General Provisions
291-180-0125
Authority of Oregon Interstate Compact (2.101 ICAOS)
(1) The acceptance, rejection or termination of supervision of an offender under the compact requires the involvement and concurrence of the Oregon Compact Administrator or their designated deputy.
(2) All formal written, electronic or oral communication regarding an offender under this compact shall be made only through the Oregon Compact Administrator or their designated deputy.
(3) Transfer, modification or termination of supervision authority for an offender under this compact may be authorized only with the involvement and concurrence of the Oregon Compact Administrator or their designated deputy.
(4) Violation reports or other notices regarding offenders under this compact shall be transmitted only through direct communication between the compact offices of the sending and receiving states.
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
291-180-0135
Data Collection and Reporting (2.102 ICAOS)
The Oregon Compact Office shall gather, maintain and report as requested to the national compact office all required data regarding the transfer and supervision of offenders supervised under this compact.
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
291-180-0145
Interstate Compact for Adult Offender Supervision Dues (2.103 ICAOS)
Oregon shall pay membership dues to the Interstate Compact for Adult Offender Supervision as established by the dues formula lawfully promulgated by the National Compact Commission.
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
291-180-0155
Forms (2.104 ICAOS)
Oregon shall use the forms and electronic information system authorized by the National Compact for all communications regarding offenders between or among states.
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
291-180-0165
Communication Preferences
While these rules permit communication and notice by "telephone, electronic mail or telefax," whenever possible electronic transmission by email is the preferred mode of communication and transfer of documents. For greatest clarity and usability, all documents must be electronically generated.
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
291-180-0175
Transfer of Offenders Under This Compact (2.110 ICAOS)
No state shall permit a person who is eligible for transfer under this compact to relocate to another state except as provided by the Interstate Compact for Adult Offender Supervision and these rules.
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
291-180-0185
Compact Eligible Destinations
(1) Services allowed under this compact are available only between sending and receiving states, United States possessions and territories who are signatory to the Interstate Compact for Adult Offender Supervision. This compact may not be used with non-members of the ICAOS or any foreign country.
(2) A current list of states, U.S. possessions and territories signatory to this compact may be obtained by contacting Oregon Interstate Compact or may be viewed at the ICAOS website at "http://www.adultcompact.org".
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
291-180-0195
Adoption and Amendment to the ICAOS Rules
Additions or amendments to the ICAOS rules shall be adopted by a majority vote of the members of the Interstate Commission.
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
291-180-0205
Eligibility for Transfer of Supervision (3.101 ICAOS)
(1) At the discretion of the sending state, an offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision is in substantial compliance with the terms of supervision in the sending state and:
(a) Is a resident of the receiving state; or
(b) Has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
(c) Can obtain employment in the receiving state or has a visible means of support.
(2) Military Members: An offender who is a member of the military and has been transferred by the military to another state, and who meets the other criteria specified in (1)(c) shall be immediately eligible for transfer of supervision.
(3) Offenders That Live with Family Who Are Military Members: An offender who meets the other criteria specified in (1)(c) and who live with a family member who has been deployed to another state, shall be immediately eligible for transfer, provided that the offender will live with the military member in the receiving state.
(4) Employment of Family Member In Another State: An offender who meets the other criteria specified in (1)(c) and whose family member, with whom he or she resides, is transferred to another state and obtains full-time employment, shall be immediately eligible for transfer unless the receiving state can show good cause for rejecting the transfer request, provided that the offender will live with the family member in the receiving state.
(5) A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of 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
291-180-0215
Misdemeanants (2.105 ICAOS)
(1) Misdemeanants as defined below are eligible for transfer under the compact.
(2) For purposes of this rule, a misdemeanant is an offender whose sentence includes one year or more of supervision provided that all other criteria for transfer, as specified in the previous section, have been satisfied, and the instant offense includes one or more of the following:
(a) An offense in which a person has incurred direct or threatened physical or psychological harm;
(b) An offense that involves the use or possession of a firearm;
(c) A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol;
(d) A sexual offense that requires the offender to register as a sex offender in the sending state.
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
291-180-0225
Ineligible Offenders (2.106 ICAOS)
Persons subject to supervision pursuant to a pre-trial intervention program, bail, or similar program, are not eligible for transfer under the terms and conditions of this compact.
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
291-180-0235
Offenders Subject to Deferred Sentences (2.106 ICAOS)
Offenders subject to deferred sentences (i.e.: conditional discharges) are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact.
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
291-180-0245
Offenders on Furlough, Work Release (2.107 ICAOS)
A person who is released from incarceration under furlough, work-release, or other pre-parole program is not eligible for transfer under the compact.
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
291-180-0255
Offenders With Disabilities (2.108 ICAOS)
A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.
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
291-180-0265
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 $50.00 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
291-180-0275
Retaken Offenders
Previously compacted offenders, who were "retaken" at cost to Oregon, shall not be re-compacted until such time as costs of retaking have been repaid to Oregon. 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
291-180-0285
Submission of Transfer Request to a Receiving State (3.102 ICAOS)
(1) Subject to the exception in the next section, a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required information to the receiving state prior to allowing the offender to leave the sending state.
(2) Subject to the exception in the next section, the receiving state shall be given the opportunity to investigate the proposed plan of supervision prior to allowing the offender to leave the sending state.
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
291-180-0295
Acceptance of the Offender by Receiving State; Exception (3.103 ICAOS)
(1) A sending state shall not allow an offender under supervision in the sending state to relocate to a receiving state without the receiving state's acceptance of the transfer of supervision. Exception:
(2) A sending state may grant a travel permit to an offender who was living in the receiving state at the time of sentencing. This exception is not applicable to offenders released to supervision from prison.
(a) Prior to granting a travel permit to an offender under this exception, the sending state shall verify that the offender is living in the receiving state and shall immediately contact the receiving state's interstate compact office by telephone, telefax or electronic mail to request provisional reporting instructions.
(b) A travel permit, not to exceed seven days, may be issued to the offender to allow for the request and issuance of reporting instructions. A copy of the travel permit will be immediately forwarded to the receiving state by telefax or electronic mail and will expire either upon the offender's arrival in the receiving state or on the travel permit's expiration date. The sending state retains supervisory responsibility during this period. If the receiving rejects the transfer request or the travel permit's expiration date is reached, (6)(a) and (6)(b) shall apply.
(c) The sending state shall ensure that the offender sign all forms requiring the offender's signature prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state. (3.107 ICAOS)
(d) The receiving state shall issue reporting instructions no later than two business days following receipt of such notification and request from the sending state.
(3) A receiving state shall assume responsibility for supervision of an offender who is granted reporting instructions during the investigation of the offender's plan of supervision upon the offender's arrival in the receiving state.
(4) A sending state shall transmit a completed transfer request for an offender granted reporting instructions no later than 15 calendar days following the granting to the offender of the reporting instructions.
(5) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the 15th day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request from the receiving state, direct the offender to return to the sending state by a date specified by the sending state.
(6) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender by issuing a warrant or an order to return no later than 10 calendar days following the offender's failure to appear in the sending state.
(7) The receiving state shall continue to supervise the offender until a warrant is issued or sending state notifies receiving state that offender has returned to sending state. (4.105 ICAOS)
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
291-180-0305
Time Allowed for Investigation by Receiving State (3.104 ICAOS)
(1) A receiving state shall complete an investigation and respond to a sending state's request for offender's transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state's compact office. Receipt of completed transfer request shall be presumed to occur by the fifth business day following transmission.
(2) If a receiving state determines that an offender transfer request is incomplete, the receiving state shall notify the sending state of that determination and the nature of the incompleteness no later than five business days following receipt of the transfer request by the receiving state.
(3) A sending state that has been notified of an incomplete transfer request shall, within five business days following receipt of notice of incompleteness, remedy the incompleteness by providing the missing material or demonstrating good cause why the incompleteness cannot be remedied within five business days, which the receiving state shall consider. Receipt by the sending state of notice of incomplete transfer request shall be presumed to occur by the fifth business day following transmission by the receiving state.
(4) The 45-calendar-day period for investigation of and response to a sending state's request for transfer of an offender's supervision shall be suspended until the sending sate supplies the missing material in the transfer request.
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
291-180-0315
Acceptance of Offender; Issuance of Reporting Instructions (3.1041 ICAOS)
(1) If a receiving state accepts transfer of the offender, the receiving state's acceptance shall include reporting instructions.
(2) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender's departure as required. (ICAOS 4.105)
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
291-180-0325
Request for Transfer of a Paroling Offender (3.105 ICAOS)
(1) A sending state shall submit a completed request for transfer of a parole or post prison supervision offender to a receiving state no earlier than 120 days prior to the offender's planned prison release date.
(2) A sending state shall notify a receiving state of the offender's date of release from prison or if the recommendation for release of the offender has been withdrawn or denied.
(3) A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the fifth calendar day following the offender's intended date of departure from the sending state.
(a) A receiving state that withdraws its acceptance because an offender fails to report, shall immediately notify the sending state.
(b) Following withdrawal of the receiving state's acceptance, if the sending state desires to reapply for transfer of a paroling offender, they must resubmit a new request for transfer of 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
291-180-0335
Request for Expedited Transfer (3.106 ICAOS)
(1) A sending state may request that a receiving state agree to an expedited transfer of an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination.
(a) A receiving state that agrees to expedited transfer of an offender shall immediately issue reporting instructions for the offender, and a sending state shall immediately issue a travel permit.
(b) The sending state shall ensure that the offender signs all compact transfer application forms requiring the offender's signature (see "Application for transfer of supervision"), prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state.
(c) At the time of transmission of the signed forms, the sending state shall provide the receiving state with a copy of the offender's orders and conditions, documentation of the offender's residency, copy of any available pre-sentence report, copy of any order of protection, where applicable, and whether the offender is subject to sex offender registration in the sending state.
(2) The receiving state granting an expedited transfer shall assume responsibility for supervision of an offender granted reporting instructions during the investigation of the offender's plan of supervision upon the offender's arrival in the receiving state.
(3) The sending state shall transmit a completed transfer request for an offender granted a travel permit no later than seven calendar days following the granting to the offender of the travel permit.
(4) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the seventh calendar day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request, direct the offender to return to the sending state by a date specified by the sending state.
(5) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender no later than ten calendar days following the offender's failure to appear in the sending state.
(6) The receiving state shall continue to supervise the offender until a warrant is issued or sending state notifies receiving state that offender has returned to sending state.
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
291-180-0345
Applications for Transfer of Supervision (Investigation Packets) (3.107 ICAOS)
An application for transfer of supervision of an offender shall contain the following information:
(1) Offender's full name and any aliases by which the offender is known;
(2) Indication of whether the offender seeks transfer to the receiving state based on residency in the receiving state, family residing in the receiving state, or consent of the receiving state;
(3) Name, address, and telephone number of family in the receiving state if the offender bases the transfer request on family's residency in the receiving state;
(4) Offender's proposed residence in the receiving state;
(5) Offender's current or prospective employer in the receiving state;
(6) Offender's criminal justice identification number in the sending state;
(7) Offender's date of birth;
(8) Offender's social security number, if known;
(9) County of conviction or imposition of supervision;
(10) Indication of the type of criminal justice supervision to which the offender has been sentenced;
(11) Instant offense in sufficient detail to describe the type and severity of offense and whether the charge has been reduced at the time of imposition of sentence;
(12) Offender's criminal history;
(13) Notice, if applicable, indicating that the supervision of the offender is a victim-sensitive matter;
(14) Date supervision is to begin, if known;
(15) Date supervision is to terminate, if known;
(16) Name and title of supervising officer;
(17) Signed "Offender Application for Interstate Compact Transfer" form, which shall include "Agreement to Return on Demand of the Sending State" and "Waiver of Extradition";
(18) Signed "Consent to Random Drug or Alcohol Testing and to Searches Based on Reasonable Suspicion" form;
(19) Signed "Authorization for Release of Medical and Psychological Information" form;
(20) Photograph of offender;
(21) Conditions of supervision;
(22) Any orders restricting the offender's contact with victims or any other person;
(23) Any known orders protecting the offender from contact with any other person;
(24) Information as to whether the offender is subject to sex offender registry requirements in the sending state along with supportive documentation;
(25) Judgment and commitment documents;
(26) Pre-sentence investigation report, if available;
(27) Supervision history, if available;
(28) Information relating to any court-ordered financial obligations, including but not limited to, fines, court costs, restitution, and family support; the balance that is owed by the offender on each; and the address of the office to which payment must be made.
(29) Medical information, if available; and
(30) Psychological evaluation, if available.
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
291-180-0355
Waiver of Extradition (3.109 ICAOS)
(1) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state.
(2) States that are party to this compact waive all legal requirements to extradition of offenders who are fugitives from justice.
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
291-180-0365
Offenders Illegally Present in Oregon
Requests for compact services shall be returned to the sending state when sending state's offender is present in Oregon in violation of rules of 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
291-180-0375
Notification to Victims Upon Transfer of Offenders (3.108 ICAOS)
Within one business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws to known victims in the sending state, and the receiving state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws to victims in the receiving state.
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
291-180-0385
Notification to Victims Upon Violation by Offender or Other Change in Status (3.108 ICAOS)
(1) The receiving state is responsible for reporting information to the sending state when an offender:
(a) Commits a significant violation;
(b) Changes address;
(c) Returns to the sending state where an offender's victim resides;
(d) Departs the receiving state under an approved plan of supervision in a subsequent receiving state; or
(e) Is issued a temporary travel permit where supervision of the offender has been designated a victim-sensitive matter.
(2) Both the sending state and the receiving state shall notify known victims in their respective states of this information in accordance with their own laws or procedures.
(3) The receiving state shall respond to requests for offender information from the sending state no later than the fifth business day following the receipt of the request.
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
291-180-0395
Victims' Right to be Heard and Comment (3.1081 ICAOS)
(1) When an offender submits a request to transfer to a receiving state or a subsequent receiving state or to return to a sending state, the victim notification authority in the sending state shall, at the time of notification to the victim, shall inform victims of the offender of their right to be heard and comment. Victims of the offender have the right to be heard regarding their concerns relating to the transfer request for their safety and family members' safety. Victims have the right to contact the sending state's interstate compact office at any time by telephone, telefax, or conventional or electronic mail regarding their concerns relating to the transfer request for their safety and family members' safety. The victim notification authority in the sending state shall provide victims of the offender with information regarding how to respond and be heard if the victim chooses.
(a) Victims shall have ten business days from receipt of notice required in this provision to respond to the sending state. Receipt of notice shall be presumed to have occurred by the fifth business day following its sending.
(b) The receiving state shall continue to investigate the transfer request while awaiting response from the victim.
(2) Upon receipt of the comments from victims of the offender, the sending state shall consider comments regarding their concerns relating to the transfer request for their safety and family members' safety. Victims' comments shall be confidential and shall not be disclosed to the public. The sending state or receiving state may impose special conditions of supervision on the offender, if the safety of the offender's victims or family members of victims is deemed to be at risk by the approval of the offender's request for transfer.
(3) The sending state shall respond to the victim no later than five business days following receipt of victims' comments, indicating how victims' concerns will be addressed when transferring supervision of the offender.
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
291-180-0405
Manner and Degree of Supervision in Receiving State (4.101 ICAOS)
A receiving state shall supervise an offender transferred under the interstate compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.
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
291-180-0415
Duration of Supervision in the Receiving State (4.102 ICAOS)
A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state.
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
291-180-0425
Special Conditions (4.103 ICAOS)
(1) At the time of investigation or during the term of supervision, the compact administrator or supervising authority in the receiving state may impose a special condition on an offender transferred
under the interstate compact if that special condition would have been imposed on the offender if sentence had been imposed in the receiving state.
(2) A receiving state shall notify a sending state that it intends to impose or has imposed a special condition on the offender, the nature of the special condition, and the purpose.
(3) A sending state shall inform the receiving state of any special conditions to which the offender is subject at the time of request for transfer is made, or when it becomes available.
(4) A receiving state that is unable to enforce a special condition imposed in the sending state shall notify the sending state of its inability at the time of request for transfer of supervision is made.
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
291-180-0435
Offender Registration in Receiving State (4.104 ICAOS)
The receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state.
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
291-180-0445
Arrival and Departure Notifications, Withdrawal of Reporting Instructions (4.105 ICAOS)
(1) Departure Notifications: At the time of an offender's departure from any state pursuant to a transfer of supervision or the granting of a travel permit, the state from which the offender departs shall notify the intended receiving state, and, if applicable, the sending state, by telephone, electronic mail or telefax of the date and time of the offender's intended departure and the date by which the offender has been instructed to arrive.
(2) Arrival Notifications: At the time of an offender's arrival in any state pursuant to a transfer of supervision or the granting of a travel permit, or upon the failure of an offender to arrive as instructed, the intended receiving state shall immediately notify the state from which the offender departed, and, if applicable, the sending state, by telephone, electronic mail or telefax of the offender's arrival or failure to arrive.
(3) Withdrawal of Reporting Instructions:
(a) The receiving state may withdraw its reporting instructions if the offender does not report to the receiving state as directed in the reporting instructions.
(b) The receiving state that withdraws its reporting instructions or subsequently determines that an offender granted a travel permit has absconded, shall immediately notify the sending state.
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
291-180-0455
Progress Reports (4.106 ICAOS)
(1) A receiving state shall provide to the sending state a progress report annually, or more frequently, upon the request of the sending state, for good cause shown.
(2) A progress report shall include:
(a) Offender's name;
(b) Offender's residence address;
(c) Offender's telephone number and electronic mail address;
(d) Name and address of offender's employer;
(e) Supervising officer's summary of offender's conduct, progress and attitude, and compliance with conditions of supervision;
(f) Programs of treatment attempted and completed by the offender;
(g) Information about any sanctions that have been imposed on the offender since the previous progress report;
(h) Supervising officer's recommendation; and
(i) Any other information requested by the sending state that is available in the receiving state.
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
291-180-0465
Fees (4.107 ICAOS)
(1) Application Fee: A sending state may impose a fee for each transfer application prepared for an offender.
(2) Supervision Fee:
(a) A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall not be greater than the fee charged to the state's own offenders.
(b) A sending state shall not impose a supervision fee on an offender whose supervision has been transferred to a receiving state.
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
291-180-0475
Collection of Restitution, Fines and Other Costs (4.108 ICAOS)
(1) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender.
(2) Upon notice by the sending state that the offender is not complying with family support and restitution obligations and financial obligations as set forth above, the receiving state shall notify the offender that the offender is in violation of the conditions of supervision and must comply. The receiving state shall inform the offender of the address to which payments are to be sent.
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
291-180-0485
Temporary Travel Permits
(1) This rule regulates the travel of offenders relocating to other states including compacted offenders or those applying for compact services. It does not apply to other offenders under supervision.
(2) An offender may be issued an out of state temporary travel permit for up to 31 days for reasons consistent with the purposes of supervision and public safety. Temporary travel permits to return to the sending state require notice be given the sending state.
(3) Offenders shall not be granted a temporary travel permit to a receiving state during an active transfer investigation without the consent of the receiving state. Temporary travel permits shall not be granted to seek employment and residence in another state for the purpose of compacting to that state.
(4) Exceptions:
(a) "Victim-Sensitive" Cases: The receiving state shall notify the sending state when a temporary travel permit is issued. Travel permits for these offenders may not exceed 31 days. No temporary travel permit shall be granted to a "victim-sensitive" case that is inconsistent with these requirements.
(b) Employment/Treatment in Adjoining State: A temporary travel permit may be issued for up to 120 days and renewed as needed to permit daily travel to and from an adjoining state for purpose of employment or treatment. A copy of this permit shall be forwarded through the interstate compact office to the adjoining state to be visited. This permit is intended to expire upon termination of employment or treatment.
(c) Fire Fighters: A temporary travel permit for the purpose of fire fighting may be issued for 60 days and renewed as needed to continue seasonal employment fighting fires. A copy of this permit shall be forwarded, in a timely manner, through the interstate compact office to any state visited.
(d) Offshore Fisherman: A temporary travel permit may be granted for up to 60 days and renewed as needed for employment purposes. A copy of this permit shall be forwarded through the interstate compact office to any state visited.
(e) Residential Treatment: Offenders may be issued a temporary travel permit to reside in a residential treatment program in another state for up to 60 days. A copy of this permit shall be forwarded through the interstate compact office to the state visited. The offender shall immediately return to Oregon upon completion of the program unless accepted for transfer pursuant this compact.
(f) Long Term Treatment Programs: Offenders participating in programs longer than 60 days must request transfer to the receiving state. An expedited transfer may be requested if the offender needs to proceed to the program immediately.
(5) All temporary travel permits shall include the offender's crime of conviction, a beginning and ending date and require that the offender report to local law enforcement within 24 hours of arrival and comply with any registration requirement of that state.
(6) Caution should be exercised in granting permission to travel for sex or violent offenders. Recipients of temporary travel permits should be in substantial compliance with their conditions of supervision and not be considered a high risk to re-offend.
(7) An offender shall not be granted travel to any state where a known victim resides without prior notice to that state.
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
291-180-0495
Violation Reports (4.109 ICAOS)
(1) A receiving state shall notify a sending state of significant violations of conditions of supervision by an offender within 30 calendar days of discovery of the violation.
(2) A violation report shall contain:
(a) Offender's name and location;
(b) Offender's state-issued identifying numbers;
(c) Date of the offense or infraction that forms the basis of the violation;
(d) Description of the offense or infraction;
(e) Status and disposition, if any, of offense or infraction;
(f) Dates and descriptions of any previous violations;
(g) Receiving state's recommendation of actions sending state may take;
(h) Name and title of the officer making the report; and
(i) If the offender has absconded, the offender's last known address and telephone number, name and address of the offender's employer, and the date of the offender's last personal contact with the supervising officer.
(3) The sending state shall respond to a report of a violation made by the receiving state no later than ten business days following receipt by the sending state. Receipt of a violation report shall be presumed to have occurred by the fifth business day following its transmission by the receiving state;
(4) The response by the sending state shall include action to be taken by the sending state and the date by which that action will begin and its estimated completion date.
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
291-180-0505
Transfer to a Subsequent Receiving State (4.110 ICAOS)
(1) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an initial request for transfer is made.
(2) The receiving state shall assist the sending state in acquiring the offender's signature on the "Offender Application for Interstate Compact Transfer," the "Agreement to Return on Demand of the Sending State" and the "Consent to Random Drug and Alcohol Testing and to Searches Based on Reasonable Suspicion" forms, and any other forms that may be required for submission of an "Application for transfer of supervision" and shall transmit these forms to the sending state.
(3) The receiving state shall submit a statement to the sending state summarizing the offender's progress under supervision.
(4) The receiving state shall issue a travel permit to the offender when the sending state informs the receiving state that the offender's transfer to the subsequent receiving state has been approved.
(5) Notification, of offender's departure, shall be sent by the state the offender is departing to the state offender has been issued a travel permit to proceed to. An arrival notice shall be sent by the new receiving state to the original sending state upon the offender's arrival.
(6) Acceptance of the offender's transfer of supervision by a subsequent state and issuance of reporting instructions to the offender terminate the receiving state's supervisory obligations for the offender.
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
291-180-0515
Return to the Sending State (4.111 ICAOS)
(1) Upon an offender's request to return to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is charged with a subsequent criminal offense in the receiving state.
(2) The sending state shall grant the request and provide reporting instructions no later than two business days following receipt of the request for reporting instructions from the receiving state.
(3) The receiving state shall send a departure notice to the sending state upon offender's departure.
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
291-180-0525
Closing of Supervision by the Receiving State (4.112 ICAOS)
(1) The receiving state may close its supervision of an offender and cease supervision upon:
(a) The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;
(b) Notification to the sending state of the absconding of the offender from supervision in the receiving state;
(c) Notification to the sending state of the sentencing of the offender to incarceration for 180 days or longer and receipt from the sending state of a warrant and detainer or other acknowledgement by the sending state of responsibility for the offender within 90 days of the notification.
(A) If the sending state fails to provide the warrant and detainer or other acknowledgement within 90 days of notification, the receiving state may close its supervision of the offender.
(B) After 90 days the sending state shall be responsible for the offender.
(d) Notification of death; or
(e) Return to sending state.
(2) A receiving state shall not terminate its supervision of an offender while the sending state is in the process of retaking the offender.
(3) At the time a receiving state closes supervision, a case closure notice shall be provided to the sending state which shall include last known address and employment.
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
291-180-0535
New Felony Offense (5.102 ICAOS)
Upon a request from the receiving state, a sending state shall retake or order the return of an offender from the receiving state or a subsequent receiving state upon the offender's conviction of a new felony offense and completion of a term of incarceration for that conviction or the placement of the offender on probation for that felony offense.
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
291-180-0545
Violations of Conditions of Supervision (5.103 ICAOS)
Upon request by the receiving state and a showing that the offender has committed three or more significant violations arising from separate incidents that establish a pattern of non-compliance of the conditions of supervision, a sending state shall retake or order the return of an offender from the receiving state or a subsequent receiving state.
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
291-180-0555
Effect of Special Conditions or Requirements Imposed by the Receiving State (5.112 ICAOS)
(1) For purposes of revocation or other punitive action against an offender, the probation or paroling authority of a sending shall give the same effect to a violation of special conditions or requirement imposed by a receiving state as if those conditions or requirement had been imposed by the sending state.
(2) Failure of an offender to comply with special conditions or additional requirements imposed by a receiving state shall form the basis of punitive action in the sending state notwithstanding the absence of such conditions or requirements in the original plan of supervision issued by the sending state.
(3) For purposes of these rules, the original plan of supervision shall include, but not be limited to, any court orders setting forth the terms and conditions of probation, any orders incorporating a plan of supervision by reference, or any orders or directives of the paroling or probation authority.
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
291-180-0565
Retaking by the Sending State (5.101 ICAOS)
(1) Except when offenders have a new felony conviction or have established a pattern of non-compliance by the commission of three or more significant violations as provided for in previous sections, the sending state, at its sole discretion, may retake an offender, unless the offender has been charged with a subsequent criminal offense in the receiving state.
(2) If the offender has been charged with a subsequent criminal offense in the receiving state, the offender shall not be retaken without the consent of the receiving state, or until criminal charges have been dismissed, or the offender has been released to supervision for the subsequent offense.
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
291-180-0575
Cost of Retaking an Offender (5.104 ICAOS)
A sending state shall be responsible for the cost of retaking the offender.
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
291-180-0585
Time Allowed for Retaking an Offender (5.105 ICAOS)
A sending state shall retake an offender within 30 calendar days after the decision to retake has been made or upon release of the offender from incarceration in the receiving state.
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
291-180-0595
Cost of Incarceration in Receiving State (5.106 ICAOS)
The receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the offender's retaking by the sending state.
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
291-180-0605
Officers Retaking an Offender (5.107 ICAOS)
(1) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements.
(2) The sending state shall be required to establish the authority of the officer and the identity of the offender to be retaken.
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
291-180-0615
Opportunity for Hearing in Receiving State (5.108 ICAOS)
The offender shall be afforded the opportunity for a probable cause hearing in the receiving state consistent with due process requirements. No waiver of a probable cause hearing shall be accepted unless accompanied by an admission by the offender to one or more significant violations of the terms or conditions of supervision. Any evidence or record generated during a probable cause hearing shall be forwarded to the sending state.
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
291-180-0625
Transport of Offenders (5.109 ICAOS)
States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport offenders through the state without interference.
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
291-180-0635
Retaking Offenders From Local, State or Federal Correctional Facilities (5.110 ICAOS)
Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender's release from that facility provided that:
(1) No detainer has been placed against the offender by the state in which the correctional facility lies; and
(2) No extradition proceedings have been initiated against the offender by a third-party state.
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
291-180-0645
Denial of Bail to Certain Offenders (5.111 ICAOS)
An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail in any state where the offender is found.
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
291-180-0655
Dispute Resolution (6.101-6.102 ICAOS)
It is the policy of the Oregon Department of Corrections as administrator of the Oregon Interstate Compact to resolve disputes with other member states regarding interstate compact activities in a manner consistent with the adopted rules of the National Commission of the Interstate Compact for Adult Offender Supervision. The following are the general steps to be taken:
(1) The first effort will be made to resolve any dispute informally with the other state.
(2) If unresolved, Oregon will seek the assistance of the executive director of the National Compact in resolving the dispute. The Executive Director will, using any resource available, within 10 business days issue a written response to the disputing parties.
(3) Any dispute not informally resolved by this process shall be formally resolved by mediation and arbitration set forth in the rules adopted by the Interstate Commission of 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
291-180-0665
Interpretation of Rules (6.101 ICAOS)
Oregon Interstate Compact may submit an informal written request to the Executive Director of the Interstate Compact for Adult Offender Supervision for assistance in interpreting the rules of that compact. The Executive Director or the Executive Committee will, using any resource available, submit a written response to be circulated to all of the states.
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
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 OAR
Compilation and the Oregon Bulletin are copyrighted by the Oregon
Secretary of State.
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