Oregon Administrative Code

255-050-0025 Misconduct Board Review Packet The Misconduct Board Review Packet shall contain: (1) Institution face sheet; (2) All Board Action Forms since the prison term hearing; (3) Psychological evaluations; (4) Disciplinary report from the institution; (5) Correspondence; (6)…

255-060-0006 Exit Interviews: Parole Plan; and Psychiatric Records (1) At any time prior to an inmate’s scheduled release to post-prison supervision or parole, the Board on its own initiative or at the request of the Department of Corrections, may conduct an exit interview to rev…

255-060-0008 Release Plans (1) At any time prior to release on parole or post-prison supervision, the Board shall examine the inmate’s plans for residence, employment, or other situation in the community to determine whether the release plan is adequate. The plan may include, but…

255-060-0009 Residence Requirements for Certain Sex Offenders Upon Release from Custody (1) A sex offender classified as a sexually violent dangerous offender (ORS 137.765) or a predatory sex offender (ORS 181.765) may not reside near locations where children are the primary occu…

255-060-0011 Procedures for Predatory Sex Offender Designation for Offenders on Parole and Post-Prison Supervision (1)(a) For purposes of this rule, a predatory sex offender is defined as a person who exhibits characteristics showing a tendency to victimize or injure others and h…

255-060-0012 Psychological or Psychiatric Reports This rule applies to all persons in custody, except for any person in custody convicted of murder committed on or between November 1, 1989, and June 29, 1995, who was not designated a dangerous offender at sentencing, and except t…

255-060-0013 Postponement Order Any order regarding the postponement of parole release shall be sent to the prisoner and shall set forth: (1) The facts and specific reasons for the decision and the individual votes of the Board members. (2) Notice of the right to administrative a…

255-060-0016 Procedures for Predatory Sex Offender Designation for Inmates (1)(a) For purposes of this rule, a predatory sex offender is defined as a person who exhibits characteristics showing a tendency to victimize or injure others and has been convicted of one or more of the …

255-060-0018 Offenders Eligible for Sexually Violent Dangerous Offender Designation (1) “Sexually violent dangerous offender” is a person who is being released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subparagraph (…

255-060-0020 Out-of-State Parole Release Hearing Procedures An inmate in the Department of Corrections’ custody who is housed in an out-of-state facility may receive a teleconference exit interview in conformance with rule 255-060-0006. Statutory/Other Authority: ORS 144.098 & 14…

255-060-0030 Exit Interview Board Review Packet The exit interview Board Review Packet shall contain: (1) Institution face sheet; (2) All Board Action Forms since the prison term hearing, if any; (3) Psychiatric and/or psychological evaluations (previous 6 months); (4) Correspond…

255-062-0006 When Parole Deferral Periods May Occur (1) After the Board denies a petition for change in terms of confinement of an inmate convicted of aggravated murder or murder, the Board may not hold a subsequent hearing that is less than two years, or more than 10 years, from…

255-062-0011 Type of Hearing Eligible for a Deferral of More than Two Years OAR 255-062-0006 applies to the following hearings: (1) Murder Review Hearing: If the State Board of Parole and Post-Prison Supervision denies a petition for a change in the terms of confinement filed by …

255-062-0016 Factors to be Considered in Establishing a Deferral Period Longer Than Two Years Following an interview and consideration of all the information presented at the hearing, the Board may find by majority vote of the members participating in the hearing, that it is not …

255-062-0018 Communication to Department of Corrections Upon Deferral The Board may, after issuing an order deferring an adult in custody’s release under this rule, denying re-release onto parole after a future disposition hearing under OAR 255-075-0096, or upon deferral of an ad…

255-062-0021 Request for Interim Hearing (1) When the Board defers the inmate’s next hearing for more than two years from the date a petition is denied or from the current projected parole release date, current parole consideration date, or current parole hearing date, the inmate…

255-062-0026 Interim Hearing Finding If the Board finds, based upon a properly-submitted request for an interim hearing, that there is reasonable cause to believe that the inmate may be granted a change in the terms of confinement or a firm release date, the Board shall conduct a…

255-062-0031 Final Orders (1) When the Board grants an inmate a hearing that is more than two years from the date a petition is denied or from the current projected parole release date, current parole consideration date, or current parole hearing date, and when the Board denies a…

255-065-0005 When Restitution, Fines and Fees are Ordered: Payment Schedule (1) For a crime committed after October 4, 1977, when the court sentences a person to pay restitution pursuant to ORS 137.106 and defers any portion of that payment until after release from imprisonment, …

255-065-0015 Supervision of Payments: Conditions; Default; Effect on Discharge (1) The offender shall make payments of restitution, compensatory fines, or attorney fees to the clerk of the court of the county of sentencing. (2) The supervising officer shall establish the method a…

255-065-0020 Establishment of Supervision Fees: Criteria, Disbursement of Fees (1) When a person is placed on parole or post-prison supervision, subject to supervision by either the Department of Corrections or a community corrections program established under ORS 423.500 to 423.…

255-070-0001 Conditions Not Limited by Exhibit J (1) The Board may order parole conditions pursuant to OAR 255-070-0015. (2) The Board shall approve post-prison supervision conditions pursuant to OAR 213-011-0001. (3) Conditions of parole and post-prison supervision are not limit…

255-070-0003 Offender Return to County of Residence (1) Unless the Board waives the condition, the Board shall order as a condition of parole or post-prison supervision that an offender reside for the first six months in the county where the person was last supervised if the pers…

255-070-0015 Establishing Conditions of Parole and Post-Prison Supervision (1) The Board may order an exit interview prior to the Adult in Custody's (AIC) release date to review the AIC’s case and set or approve conditions. See Division 255-060 for exit interview procedures. (2) …

255-075-0001 Definitions (1) “Administrative Sanction” means local, structured, or intermediate sanctions as those terms are used in OAR 291-058, and may include periods of local confinement in jails, restitution centers, treatment facilities, or similar facilities. (2) “Sanction…

255-075-0002 Suspension of Parole or Post-Prison Supervision; Citation to Appear (1) When the supervising officer or other person informs the Sanction Authority of reasonable grounds to believe that a person has violated the conditions of parole or post-prison supervision, or tha…

255-075-0003 Criteria for Allowing Offender to Remain in Community Pending Hearing In determining whether to allow an offender to remain in the community pending the violation hearing and final order, the Sanction Authority may consider: (1) The seriousness of the allegations and…

255-075-0004 Guidelines for “Best Interest” Return When the Sanction Authority determines that an offender’s release on parole or post-prison supervision is not in the best interest of the offender or in the best interest of society, the Sanction Authority may return the offender…

255-075-0005 Hearing Requirement: Procedure (1) Except as otherwise provided by these rules, before the Board can revoke parole or extend active parole supervision for offenders whose crimes occurred on or after December 4, 1986, and before November 1, 1989 (BM10), the Board or H…

255-075-0006 Method of Hearing The Hearing Officer may conduct hearings by teleconference or video conference. The Hearing Officer shall conduct hearings in person or by video conference in the following situations: (1) The alleged violations are contested and the offender or the…

255-075-0007 Designated Representative Conducts Hearing (1) The Sanction Authority or its designated representative shall conduct the probable cause and violation hearing. (2) “Designated representative” shall include those persons designated by the Sanction Authority, and traine…

255-075-0015 When Offender in Another Jurisdiction: Return (1) The Sanction Authority may suspend parole or post-prison supervision and may order the offender's return to custody in Oregon without first conducting a hearing when: (a) The offender has, without permission, left the…

255-075-0025 Rights at Hearing (1) The designee of the Sanction Authority (eg. Hearings Officer) shall provide the offender a written notice of the hearing at least three (3) working days prior to the hearing. (2) The hearing notice shall include: (a) A Notice of Rights as provid…

255-075-0026 Waiver of Hearing (1) In all cases, the offender may waive the right to a hearing by signing a Notice of Rights form. A refusal to participate in the hearings process shall also constitute a waiver of the right to a hearing. (2) When the purpose of a hearing is to co…

255-075-0030 Board Rejection of Waiver If the Sanction Authority is not satisfied that the offender knowingly and intelligently waived his or her hearing rights or if it needs more information before making its decision, it may order a new hearing, to be conducted by the Hearings…

255-075-0031 Hearings Process (1) The Hearings Officer shall conduct the violation hearing reasonably near the place of the alleged violation or the place of confinement or may conduct the hearing by teleconference or video conference. (2) Unless the Hearings Officer finds good c…

255-075-0035 Representation/Ability to Pay Attorney Fees (1) In all cases, the offender is entitled to representation by an attorney at the offender's own expense. (2) For Board cases only, if the Hearings Officer or the Board deems the offender indigent, and unable to pay for an…

255-075-0036 Board Subpoenas; Witness (1) Offenders shall make their own arrangements for calling and presenting witnesses. However, upon the request of any party to the hearing, and upon a proper showing of the relevance and reasonable scope of the testimony to be offered, the S…

255-075-0040 Compelling of Witnesses: Contempt The Sanction Authority or Hearings Officer or party requesting a subpoena, may seek contempt proceedings in the circuit court of any county against any person refusing to honor the subpoena. Statutory/Other Authority: ORS 144.050, 14…

255-075-0042 Probable Cause; Preliminary Hearing; Deferral of Revocation Hearing (1) The Sanction Authority or Hearings Officer may use evidence received and the order of a court at a preliminary hearing or a conviction or other reliable, relevant information to establish that pr…

255-075-0045 Evidence; Subpoena of Documents (1) The Sanction Authority or Hearings Officer may receive the following as evidence at a violation hearing: (a) Oral testimony under oath; (b) Affidavits or other sworn statements; (c) Letters; (d) Documents; (e) Reports made in the c…

255-075-0046 Postponement (1) The Sanction Authority or Hearings Officer may postpone a hearing for good cause and for a reasonable period of time, which shall not exceed 120 days. (2) The criteria for “good cause” include, but is not limited to: (a) The preparation of defense; (…

255-075-0055 Reopening Hearings: Criteria; Procedure (1) After the completion of a violation hearing, the Sanction Authority or Hearings Officer may reopen a hearing if substantial new information is discovered which was not known or could not be anticipated at the time of the he…

255-075-0056 Hearings Record (1) The hearings record shall include: (a) A Hearings Report Summary; (b) A written statement of alleged violations; (c) Supporting materials, including documentary evidence admitted; (d) A signed Notice of Rights; (e) The Order of Parole or Post-Pris…

255-075-0065 Ten Day Period for Offender’s Evidence and Exceptions (1) Within a reasonable time after the hearing, the Hearings Officer shall provide his or her report to the offender. (2) Unless the offender waives the right to respond, the offender shall have 10 days from the d…

255-075-0067 Final Action: Authority to Impose Administrative (Local) Sanctions, Revoke Supervision or Modify Conditions of Supervision (1) If an offender waives a hearing after receipt and review of the notice of rights, as provided in OAR 255-075-0005(6) a supervising officer m…

255-075-0070 Final Action: Procedure (1) When a case comes before the Board or Supervisory Authority or designee for decision, the Board or Supervisory Authority shall consider the Hearings Officer’s report, and the offender’s evidence and exceptions. The Board or Supervisory Aut…

255-075-0072 Re-release Order After Revocation (1) At the time of a revocation decision, the Sanction Authority shall make an order concerning re-release. (2) In the re-release order, the Sanction Authority may: (a) Continue parole or post-prison supervision pursuant to 255-075-0…

255-075-0073 Return to DOC for a Period of Greater than 12 Months (1) Post-prison supervision may be revoked and an offender returned to the custody of the Department of Corrections for a sanction that exceeds 12 months when: (a) The offender is currently in violation of a condit…

255-075-0075 Parolees/Offenders Convicted of New Crime in This or Another Jurisdiction (1) If an offender has violated parole or post-prison supervision as a result of a conviction of a new crime and the court has ordered a prison term to the Department of Corrections, parole or …