Oregon Administrative Code

255-075-0078 Commencement Date for Prison Term Following a Violation (1) The commencement date for a new commitment which is concurrent to an incarceration sanction for a violation of parole or post-prison supervision shall be the sentencing date for the new crime. (2) The commen…

255-075-0079 Guidelines for Re-release (1) For technical violations: (a) An offender whose parole has been revoked may serve further incarceration of up to 90 days for each revocation, except when re-release is denied pursuant to OAR 255-075-0096. (b) An offender sentenced to pos…

255-075-0080 Continuance on Parole or Supervision (1) The Sanction Authority may continue an offender on parole or post-prison supervision and order modification of conditions and/or sanction to time served. (2) The Sanction Authority may continue an offender on parole or post-pr…

255-075-0096 Denial of Rerelease Consideration (1) Upon a finding of aggravation pursuant to Exhibit E or Exhibit H, the Board may deny rerelease on parole and set the parole release date up to two (2) days before the statutory good time date, or, in the case of murder or aggrava…

255-075-0097 Time for Future Disposition Hearing When the Board holds a future disposition hearing pursuant to OAR 255-075-0072(2) or 255-075-0096, the following timelines shall apply: (1) If the offender has a new conviction, the Board may schedule the future disposition hearing…

255-075-0098 Restoration of Statutory and Meritorious Goodtime Upon recommendation of the superintendent of the institution, the Board may restore part or all of forfeited statutory and meritorious goodtime when: (1) There is no violation of parole; or (2) Parole is revoked on a …

255-075-0100 Future Disposition Hearing Packet The Future Disposition Hearing Packet shall contain: (1) Institution face sheet; (2) Revocation recommendation; (3) Final order of revocation; (4) Administrative action sheet; (5) Revocation hearing findings; (6) Board Action Form or…

255-080-0001 Exhaustion of Remedies (1) A Board order is final and effective the date it is signed, however it is not final for purposes of the time period within which to appeal to the Court of Appeals until the inmate/offender exhausts his or her administrative review remedies.…

255-080-0005 Procedure for Administrative Review (1) An offender may obtain administrative review of a final Board action by sending a request for review to the Board within forty-five (45) days after the mailing date on the Board's final action on the issue to be reviewed. (2) T…

255-080-0008 Specifications for Administrative Review Request (1) The request for administrative review shall be substantially in the form specified by the Board in Exhibit O, Administrative Review Request Form, and shall contain: (a) The name and SID # of the person requesting r…

255-080-0010 Criteria for Granting a Review The criteria for granting a review are: (1) The Board action is not supported by evidence in the record; or (2) Pertinent information was available at the time of the hearing which, through no fault of the offender, was not considered; …

255-080-0011 Limitations on Requests for Administrative Review All administrative review requests will be screened by a Board member or a Board designee who shall deny further review of the following: (1) Administrative review requests determined to be untimely pursuant to rule 2…

255-080-0012 Administrative Review Procedure (1) If the Board or its designee determines that the request for review is consistent with the criteria in OAR 255-080-0010 and the limits of 255-080-0011, the Board may open the case for review. (2) The Board may open a case for recon…

255-080-0015 Administrative Review Hearing Packet The Administrative Review Hearing Packet shall contain: (1) Institution face sheet; (2) Board Action Form granting administrative review; (3) All information attached to the Board Action Form granting review; (4) Administrative re…

255-085-0005 Policy and Authority (1) A classifying agency at initial classification and reassessment will assess the registrant’s risk as it was at the time of their release from their index offense. A classifying agency will not consider desistance when using the Static-99R ins…

255-085-0010 Definitions The following definitions apply to this Division: (1) “Adult male registrant” means a male registrant who was at least 18 years of age when he committed the sex crime. (2) “Board registered victim” means a Victim, as defined in OAR 255-005-0005, who is re…

255-085-0020 Sex Offender Risk Assessment Methodology (1) Classifying agencies shall place each registrant into one of the following levels: (a) Notification Level 1: A registrant who presents, or presented at the time of release, sentencing or discharge, the lowest risk of reoff…

255-085-0030 Assessments and Reassessments (1) Automatic Assessments. Classifying agencies shall classify the following registrants as Level 3 sex offenders: (a) A person who was previously designated as a predatory sex offender between February 10, 2005, and December 31, 2013; (…

255-085-0040 Reviews – Adult Male Registrants (1) Written objections trigger review consideration. Written objections are limited to presenting factual evidence regarding the Static-99R score and must be plain, concise, and directly related to specific items on the Static-99R tha…

255-085-0050 Reviews— Other Registrants (1) Written objections trigger review consideration. Written objections are limited to contesting factual findings in the assessment and must be plain and concise. Additional documentation in support of the objection may be included and sha…

255-085-0061 Classification and Final Decision (1) The classifying agency will apply the results of a risk assessment or review by reviewing the documents relied upon for the assessment, and any relevant documents from a review, and will place the person into a notification level…

255-085-0070 Procedure for certain sex offender registrants to be where persons under 18 congregate (1) A registrant classified as a Notification Level 3 sex offender may request the Board for permission to be in or upon premises where persons under 18 years of age regularly cong…

255-087-0005 Purpose and Authority (1) Under Oregon Revised Statutes 163A.125, the Legislative Assembly provided that persons who are required to register as sex offenders may be relieved of that obligation or may be reclassified to a lower notification level. A person who is req…

255-087-0010 Definitions The following definitions apply to this Division: (1) “Board registered victim” means a victim of the registrant, as defined in OAR 255-005-0005, who is registered with the Board. (2) “Hearing packet” means information relevant to the purpose of the heari…

255-087-0020 Determination of Eligibility for Relief from Sex Offender Reporting Not every registrant is eligible for relief from the obligation to register. The Board will determine eligibility before reviewing a petition for relief. (1) Forms – Registrants requesting eligibilit…

255-087-0030 Petitions for Relief (1) Forms - Petitions must be submitted on forms provided by the Board. That restriction does not apply to additional documentation necessary to support the petition, as described below. (2) Submitting Materials (a) Petitions must be complete whe…

255-087-0040 Scheduling Hearings for Relief from Registration (1) After a determination of eligibility and upon receipt of a petition, the Board may complete a review and reassessment of the registrant’s sex offender notification level utilizing the Board’s risk assessment method…

255-087-0050 Determination of Eligibility for Reclassification of Sex Offender Notification Level Not every registrant is eligible for reclassification. The Board will determine eligibility before reviewing a petition for reclassification. (1) Forms – Registrants requesting eligi…

255-087-0060 Petitions for Reclassification (1) Forms (a) Petitions must be submitted on forms provided by the Board. That restriction does not apply to additional documentation necessary to support the petition, as described below. (b) Upon receipt of any qualifying petition, th…

255-087-0070 Scheduling Hearings for Reclassification (1) After determination of eligibility and upon receipt of a petition, the Board will complete a reassessment of the registrant’s sex offender notification level utilizing the Board’s risk assessment methodology. The Board may…

255-087-0080 Hearing Procedures for Relief and Reclassification Hearing Procedures (1) At the Board’s discretion, the Board may conduct any hearing in person, by teleconference call, by videoconference, or by any other electronic medium that ensures the registrant, the panel, and…

255-087-0090 Final Decisions on Relief and Reclassification (1) The Board will make a final decision by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing and all timely submitted relevant materials. (2) The Board shall enter an order relie…

255-094-0002 Definitions Releasing Authority means: (1) The Board or its designee for: (a) Any felony offender who received a sentence of more than twelve (12) months in the custody of the Department of Corrections; or (b) Any felony offender who received a sentence of twelve (12…

255-094-0006 Period of Active Parole or Post-Prison Supervision (1) The minimum periods of active parole and post-prison supervision shall be: (a) Six (6) months for offenders whose crimes were committed on or after November 1, 1989, and whose crimes fall within sentencing guidel…

255-094-0010 Exceptions to Inactive Supervision and Return to Active Supervision (1) No sooner than thirty days prior to the expiration of the offender's active period of supervised parole or post-prison supervision or during a period of inactive supervision, the supervising offi…

255-094-0015 Return to Active Supervision (1) An offender is subject to arrest for violations of conditions of supervision while on either active or inactive supervision. (2) The Releasing Authority may return an offender to active supervision for the remainder of the supervision…

255-094-0020 Sentence Expiration (1) During the pendency of violation proceedings, the running of the supervision period both active and inactive, the sentence is stayed, and the Releasing Authority retains jurisdiction over the offender until the proceedings are resolved. The Re…

255-094-0030 Early Medical Discharge from Parole and Post-Prison Supervision (1) Purpose and Authority (a) HB 2036 (2021) was enacted because the legislature recognized a need for early medical discharge since, in some cases, supervision can affect a person’s ability to receive a…

257-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Department of State Police shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days prio…

257-001-0005 Model Rules of Practice and Procedures Except as provided in OAR 257-001-0020, 257-001-025 and 257-045-0010 to 257-045-0050 with respect to the rules for impoundment hearings under ORS 806.016 and hearings for vehicles taken into custody and towed under 819.110 or 81…

257-001-0015 Requiring Reporting of Precursor Transactions (1) When contacted by a person that desires to purchase precursor substances, the transferer (seller/supplier) is required to complete Oregon State Police Form 310-1. The completion of this form requires the purchaser/rec…

257-001-0020 Notices and Requests for Hearings Under ORS 806.016 (1) A “person entitled to lawful possession” of a vehicle means the owner as defined in ORS 801.375 or a security interest holder. A person not listed as the owner or security interest hold on the records of the Dri…

257-001-0025 Rules for Impoundment Hearings Under ORS 809.716 Hearings to determine the validity of the impoundment of vehicles under ORS 806.014 shall be subject to the following procedural rules. (1) The following of the Attorney General’s Model Rules of Procedure adopted under…

257-010-0010 Scope of System (1) Rules adopted herein relate solely to the Oregon Criminal Offender Information System and the Identification Services Section as maintained by the Oregon State Police. The rules do not affect in any way other agencies’ original records of arrest, …

257-010-0015 Definitions As used in these rules: (1) “Criminal Offender Information” means records, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police for purposes of identifying criminal offenders and alleged offenders and mai…

257-010-0020 System Responsibilities (1) Maintenance and Dissemination of Criminal Offender Information. The Oregon State Police has statutory and administrative responsibility for the maintenance and dissemination of criminal offender information in Oregon. (2) Accuracy and Comp…

257-010-0025 Access to and Use of Criminal Offender Information (1) Access to OSP criminal offender information by any means shall be limited to: (a) Criminal Justice Agencies, where the information is to be used for the administration of criminal justice, Criminal Justice Agency…

257-010-0035 Access by Individuals for Purpose of Review and/or Challenge (1) All individuals desiring to review information concerning them maintained in the OSP Criminal Offender Information System, or who believes that the information as maintained is inaccurate, incomplete, o…

257-010-0041 Criminal Justice Information Services Division Fee Schedule See Fee Schedule Attached (Effective 9/1/2021) [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 181A.195, ORS 181A.230, ORS 181A.245, ORS 137.2…

257-010-0045 Violation of Rules (1) Willful violation of Oregon Revised Statute, Executive Order or published rules relating to the Oregon Criminal Offender Information System by any authorized agency, Regional Information Sharing System, or employee may result in immediate termi…