Or. Admin. R. 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.
Notes
Statutory/Other Authority: ORS 144.102 & 144.270
Statutes/Other Implemented: ORS 144.102 & 144.270
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