Or. Admin. Code § 255-070-0003

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 person was on active supervision as an adult for a felony at the time of committing the offense that resulted in his imprisonment, otherwise, where the person resided at the time of the offense that resulted in the imprisonment.

(2)

(a) The Board or the Department of Corrections may establish the county of residency by obtaining the last address of record at the time of the offense from all the available information in the following records:

(A) An Oregon driver's license, regardless of its validity;

(B) The Department of Revenue;

(C) The Department of State Police, Bureau of Criminal Identification;

(D) The Department of Human Resources;

(E) The Department of Corrections;

(F) Internet address locator service.

(b) If the records do not disclose the county of residency, the Board or the Department shall find the offender resided in the county where they committed the crime.

(c) If the offender is serving multiple sentences, the county of residence shall be determined according to the date of the last arrest resulting in a conviction.

(d) In determining the offender's county of residence for purposes of this rule, the Board may not consider offenses committed by the offender while the offender was incarcerated in a Department of Corrections facility.

(3) Upon motion of the Board, an offender, a victim, or a district attorney, the Board may waive the residency requirement after finding:

(a) The offender provided proof of a job with no set ending date in a county other than the established county of residence;

(b) The offender poses a significant danger to the victim or the victim's family;

(c) The victim or victim's family poses a significant danger to the offender residing in the county of residence;

(d) The offender has a spouse, registered domestic partnership, or biological or adoptive family, residing in other than the county of residence, who will be materially significant in aiding in the rehabilitation of the offender and in the success of the parole or post-prison supervision period;

(e) The Board requires that the offender participate in a treatment program which is not available in the county of residence;

(f) The offender desires release to another state or another state has a detainer; or

(g) Other good cause.

Or. Admin. Code § 255-070-0003

PAR 4-1989, f. & ef. 11-1-89; PAR 6-1991, f. & cert. ef. 10-15-91; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 5-1999(Temp), f. & cert. ef. 9-15-99 thru 3-12-00; PAR 10-1999, f. & cert. ef. 11-15-99; PAR 1-2007, f. & cert. ef. 2-1-07; PAR 2-2008, f. &cert. ef. 4-9-08; PAR 1-2021, amend filed 09/10/2021, effective 9/10/2021

Statutory/Other Authority: ORS 144.102 & 144.270

Statutes/Other Implemented: ORS 144.102 & 144.270