Or. Admin. Code § 213-005-0002 - Term of Post-Prison Community Supervision
(1) A term of community supervision is part
of the sentence for any felony offender who is sentenced to the legal and
physical custody of the Department or to the supervisory authority. This term
of community supervision shall be described as post-prison supervision.
Departures on the duration of post-prison supervision shall not be
allowed.
(2) The duration of
post-prison supervision shall be determined by the crime seriousness category
of the most serious current crime of conviction:
(a) One year for Crime Categories 1-3, two
years for Crime Categories 4-6 and three years for Crime Categories
7-11.
(b) Notwithstanding section
(2)(a) of this rule, the following periods of post-prison supervision shall
apply:
(A) For an offender convicted of
murder or aggravated murder the period shall be as established in OAR
213-005-0004.
(B) For an offender
sentenced as a sexually violent dangerous offender the period shall be as
established in OAR 213-005-0004.
(C) The duration of the term of post-prison
supervision as designated in ORS 144.103.
(3) The term of post-prison supervision shall
begin upon completion of the offender's prison term or such term as directed by
the supervisory authority. For offenders successfully completing the
alternative incarceration program (boot camp) described in ORS 421.500 et seq.,
the term of post-prison supervision begins upon release pursuant to ORS
421.508(3).
(4) The term of
post-prison supervision, when added to the prison term, shall not exceed the
statutory maximum indeterminate sentence for the crime of conviction. When the
total duration of any sentence (prison incarceration and post-prison
supervision) exceeds the statutory maximum indeterminate sentence described in
ORS 161.605, the sentencing judge shall first reduce the duration of
post-prison supervision to the extent necessary to conform the total sentence
length to the statutory maximum.
(5) The duration of post-prison supervision
established under section (2) of this rule does not apply to dangerous offender
departure sentences, which shall be governed by ORS 144.232.
Notes
Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - 137.669 & 144.103
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