Or. Admin. Code § 291-058-0045
Current through Register Vol. 63, No. 11, November 1, 2024
Section 291-058-0045 - [Effective until 2/27/2025] Imposition of Administrative Sanctions or Interventions on Adults on Supervision(1) The officer shall determine whether the alleged violation behavior is appropriately responded to with interventions or with administrative sanctions, or both.(2) If the officer determines that the alleged violation behavior is appropriately responded to with an intervention, the officer may direct the adult on supervision into appropriate interventions in lieu of administrative sanctions.(3) If the officer determines that the alleged violation behavior is appropriately responded to with administrative sanctions, the officer shall determine and impose appropriate administrative sanctions using the Administrative Sanctions Sanctioning Grid (Attachment A) and the Sanction Equivalency Table (Attachment B), and the following procedures:(a) Identify the adult on supervision's current supervision level.(b) Identify the behavior severity level using the Behavior Severity Level Chart on the Administrative Sanctions Sanctioning Grid. For a series of violations, select the violation that fits into the highest behavior severity level.(c) Determine the appropriate matrix based on the type of case being sanctioned. Using the supervision and behavior severity levels, identify the appropriate behavior response level.(d) For probation cases, determine the number of jail and non-jail sanction units remaining for use as administrative sanctions applicable to the adult on supervision's probationary sentence or order.(e) Determine the appropriate sanction response to impose within the identified behavior response level. Sanctions may not exceed the maximum number of sanction units as indicated on the Administrative Sanctions Sanctioning Grid, using the Sanction Equivalency Table.(f) An administrative sanction or intervention at the agency level cannot be imposed on more than one case at a time. A case cannot be sanctioned separately for individual violations arising from the same criminal episode or series of violations.(g) If the officer determines that the sanction response options within the identified behavior response level are inappropriate, an override may be considered to move to a higher behavior response level within the grid for the following circumstances. (A) The adult on supervision threatens or is violent;(B) The adult on supervision evades or escapes, or attempts to evade or escape;(C) The adult on supervision puts the supervising officer or law enforcement in a dangerous or unsafe situation; or(D) The adult on supervision is already in custody.(h) If the officer determines that any behavior response level within the grid is insufficient to address the seriousness of the violation behavior, a higher sanction response, up to and including a revocation recommendation to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority, may be imposed only after consultation and agreement of the unit supervisor or per approval process established by the agency or local supervisory authority.(4) Level of Authority for Probation Cases: Determine the level of authority that may impose the sanction (agency or court). Jail confinement imposed as an administrative sanction may not exceed 60 days per violation report. The total number of days of jail confinement for all violation reports per conviction may not exceed the maximum number of available jail sanction units as provided by rules of the Criminal Justice Commission. The officer shall follow agency policy for supervisory review when imposing jail confinement sanctions.(a) If the appropriate sanction falls within the agency level of authority designation, the officer shall impose the sanction following agency procedures for consultation with supervisory personnel.(b) If the appropriate sanction falls within the court level of authority designation, the officer may impose a sanction from the agency level designation or report the violation behavior to the court with a recommendation that the appropriate sanction from the court level of authority designation be imposed.(c) If the adult on supervision has previously served all of the available sanction units applicable to their probationary sentence or order, the officer may order appropriate interventions or report the violation to the court for disposition.(d) Credit for sanction units shall only be granted for time actually served. Good time credits, work time credits, or early release shall not count towards satisfaction of sanction units.(5) Level of Authority for Parole and Post-Prison Supervision and Compact Cases: Determine the level of authority that may impose the sanction (that is, officer, hearings officer or other agency designee, Board of Parole and Post-Prison Supervision, local supervisory authority, or releasing authority for compact cases). (a) An officer may order local sanctions including a local confinement sanction not exceeding 30 days.(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding 60 days.(c) The Board of Parole and Post-Prison Supervision, local supervisory authority, or releasing authority in the state of conviction for compact cases may order administrative sanctions not exceeding 90 days.(d) Revocation Recommendations: If administrative sanctions are determined to be insufficient to manage the adult on supervision, the local supervisory authority or the Board of Parole and Post-Prison Supervision shall hold a hearing to determine whether revocation is appropriate and may impose an appropriate revocation term of incarceration in compliance with the Oregon Criminal Justice Commission rules and the Board of Parole and Post-Prison Supervision rules.(e) Revocation Recommendations in Compact Cases: If the officer determines that structured sanctions are insufficient to manage the adult on supervision in a compact case, the officer shall prepare a compact violation report detailing the alleged violation and recommending the adult on supervision's return to the sending state to address the violation behavior. Oregon authorities shall not impose a revocation term of incarceration or other action on an adult on supervision in a compact case.(6) Level of Authority for Short-Term Transitional Leave Cases: Determine the level of authority that may impose the sanction (that is, officer, hearings officer or other agency designee, or releasing authority).(a) An officer may order local sanctions including a local confinement sanction not exceeding 30 days.(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding 60 days.(c) The releasing authority may order sanctions up to and including revocation of leave and return to a Department of Corrections facility.(d) Any local confinement sanctions shall be reported to the releasing authority in accordance with OAR 291-058-0066.(7) Level of Authority for Nonprison Leave Cases: Determine the level of authority that may impose the sanction (that is, officer, hearings officer or other agency designee, or releasing authority).(a) An officer may order local sanctions including a local confinement sanction not exceeding three days.(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding three days.(c) The releasing authority may order sanctions up to and including revocation of leave and return to a Department of Corrections facility.(d) All sanctions shall be reported to the releasing authority in accordance with OAR 291-058-0067.(8) Nothing in these rules shall limit the authority of the officer and agency to direct the adult on supervision into appropriate interventions outside of the administrative sanctioning process.(9) Sanctioning of Adults on Supervision Held in Jail on Officer's Detainer for Violation of Probation Conditions: (a) When an adult on supervision is arrested and detained in a county jail on authority of an officer's detainer for a violation of the conditions of probation, the officer shall complete the imposition of administrative sanctions within the first 36 hours of the adult on supervision's detention, excluding Saturdays, Sundays, and holidays, unless later disposition is authorized by supervisory personnel. Agency supervisory personnel, in consultation with the jail supervisory personnel, may authorize an extension of the 36-hour period for up to five judicial days if the officer is unable to collect the necessary information or meet with the adult on supervision within the 36-hour period.(b) If the imposition of administrative sanctions is not completed within the authorized period, the officer shall notify the jail supervisor and remove their detainer lodged with the county jail authority. Nothing in these rules shall prohibit an officer from issuing a new detainer for the adult on supervision's arrest and detention for a violation of the conditions of probation upon receipt of the information necessary for the officer to assess the full nature and extent of the violation and impose appropriate administrative sanctions.(c) If the adult on supervision does not consent to administrative sanctions imposed by the officer, the officer shall report the arrest or detention to the court that imposed the probation as soon as practicable but within one judicial day. The officer shall promptly submit to the court a report showing in what manner the adult on supervision has violated the conditions of probation.(10) Sanctioning of Adults on Supervision Held in Jail on Officer's Detainer for Violations of Parole, Post-prison Supervision, Short-term Transitional Leave, or Nonprison Leave Conditions: Within 15 days of the adult on supervision's arrest, either an administrative sanction must be imposed or violation hearing proceedings initiated. Or. Admin. Code § 291-058-0045
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98; DOC 11-1998, f. & cert. ef. 5-19-98; DOC 6-2001, f. & cert. ef. 2-7-01; DOC 13-2001, f. & cert. ef. 7-11-01; DOC 11-2002, f. & cert. ef. 8-1-02; DOC 8-2009, f. & cert. ef. 5-29-09; DOC 7-2017, f. & cert. ef. 5/17/2017; DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017; DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019; DOC 10-2019, amend filed 06/19/2019, effective 6/19/2019; DOC 19-2024, temporary amend filed 08/28/2024, effective 9/1/2024 through 2/27/2025Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075