Or. Admin. R. 255-060-0008 - Release Plans
(1) At any time prior to
release on parole or post-prison supervision, the Board shall examine the Adult in
Custody's/Offender's (AIC) plans for residence, employment, or other situation in
the community to determine whether the release plan is adequate. The plan may
include, but is not limited to:
(a)
employment;
(b) school, or other
situation (e.g., retirement income);
(c)
verifiable residence;
(d) a description
of support services, program opportunities and treatment programs;
(e) prescribed medication;
(f) recommended conditions of supervision for the
purpose of reformation and public safety, including a recommendation for waiver of
the condition of supervision that the AIC reside for the first six months in the
county where the AIC resided at the time of the offense that resulted in
imprisonment;
(g) level of supervision
consistent with the AIC's risk assessment classification; and
(h) a restitution and compensatory fine payment
schedule.
(2) The Board may
defer parole release up to 90 days from the parole release date when a plan is
deficient or unverified in order to obtain verification or a satisfactory plan from
the Department of Corrections.
(3) An
AIC requesting an out-of-state parole waives the 90 days limitation on deferral of
release. Such waiver is for the purpose of an adequate parole plan in the accepting
state.
(4) Except when an AIC has a
detainer from another jurisdiction, the Board shall not defer release to post-prison
supervision. The following procedure shall apply:
(a) If the release plan the Department of
Corrections or designee of Local Supervisory Authority submits at least 60 days
prior to release is deficient, the Board will return it to the submitting agency
with the Board's recommended modifications;
(b) The Department or designee of Local
Supervisory Authority shall submit a revised plan to the Board not less than 10 days
prior to the AIC's release; and
(c) If
the Board does not accept the revised plan, the Board shall determine the provisions
of the final plan prior to the AIC's release.
(5) One Board member shall review and approve the
release plan.
(6) When an AIC is
released from the custody of the Department of Corrections or Local Supervisory
Authority, after serving a sentence of incarceration as a result of a conviction for
an offense listed in subsection (a) of this section, the Board or Local Supervisory
Authority shall subject the AIC to intensive supervision as defined in OAR 255-005,
for the full period of the AIC's parole or post-prison supervision if the AIC was 18
years of age or older at the time the AIC committed the offense and the Board or
Local Supervisory Authority finds that the AIC is a sexually violent dangerous
offender, as defined in OAR 255-005.
(a) The
crimes to which section (6) of this rule apply are:
(A) rape in the First Degree and Sodomy in the
First Degree if the victim was subject to forcible compulsion or under 12 years of
old or was incapable of consent by reason of mental defect, mental incapacitation,
or physical helplessness;
(B) unlawful
Sexual Penetration in the First Degree; and
(C) an Attempt to commit a crime listed in this
subsection.
(b) When the Board
or Local Supervisory Authority makes a finding that an AIC is a sexually violent
dangerous offender under this section, the Board or Local Supervisory Authority
shall make this finding in the Order of Supervision.
Notes
Statutory/Other Authority: ORS 144.096, 144.125, 144.185 & Ch. 924 & 1999 OL
Statutes/Other Implemented: ORS 144.096 & 144.125
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