Or. Admin. R. 291-063-0120

Current through Register Vol. 63, No. 5, May 1, 2024

Section 291-063-0120 - Procedures

(1) Sentencing Restrictions on Eligibility:

(a) Persons incarcerated for parole revocation sanctions shall not be eligible for short-term transitional leave.

(b) Persons incarcerated for post-prison supervision revocation sanctions shall not be eligible for short-term transitional leave pursuant to ORS 144.108(3)(b).

(c) Any person serving a sentence for a crime committed prior to November 1, 1989 (matrix offense), shall not be eligible for short-term transitional leave.

(d) Any person serving a sentence under the provisions of ORS 161.610 (using a firearm during the commission of a felony) shall not be eligible for short-term transitional leave until the person has served the minimum incarceration term imposed by the court less earned time under ORS 421.121.

(e) Any person serving a sentence under the provisions of ORS 161.725 to 161.737 (dangerous offenders) shall not be eligible for short-term transitional leave even if the Board of Parole and Post-Prison Supervision finds that the condition that made the person dangerous is absent or in remission and sets a post-prison supervision release date.

(f) Any person serving a sentence under the provisions of ORS 137.635, 137.700, and 137.707 shall not be eligible for short-term transitional leave regardless of the date the crime was committed.

(g) Any person sentenced on or after January 1, 2018 and serving a sentence under the provisions of ORS 137.690, 164.061, 475.907, 475.925, 475.930, or 813.011 shall not be eligible for short-term transitional leave.

(h) With the exception of sentences covered in subsection (h) of this section, a person shall not be eligible to participate in short-term transitional leave during service of a sentence for conviction of a crime listed below:

(A) ORS 163.095 (Aggravated, Attempted Aggravated, or Conspiracy to Commit Aggravated Murder),

(B) ORS 163.115 (Murder, Attempted Murder, or Conspiracy to Commit Murder),

(C) ORS 163.118 (Manslaughter I),

(D) ORS 163.125 (Manslaughter II)

(E) ORS 163.175 (Assault II)

(F) ORS 163.185 (Assault I),

(G) ORS 163.149 (Aggravated Vehicular Homicide),

(H) ORS 163.225 (Kidnapping II)

(I) ORS 163.235 (Kidnapping I),

(J) ORS 163.365 (Rape II),

(K) ORS 163.375 (Rape I),

(L) ORS 163.395 (Sodomy II),

(M) ORS 163.405 (Sodomy I),

(N) ORS 163.408 (Unlawful Sexual Penetration II),

(O) ORS 163.411 (Unlawful Sexual Penetration I),

(P) ORS 163.427 (Sexual Abuse I),

(Q) ORS 163.670 (Use of a Child in Display of Sexually Explicit Conduct),

(R) ORS 164.325 (Arson I),

(S) ORS 164.405 (Robbery II)

(T) ORS 164.415 (Robbery I), or

(U) ORS 167.017 (Compelling Prostitution).

(i) A person is eligible for short-term transitional leave during service of a sentence for conviction of the following crimes after conditions are met as outlined in ORS 137.712:

(A) Any person serving a sentence under the provisions of ORS 137.712 for Robbery II, Kidnapping II, or Assault II committed:

(i) On or after April 1, 1995 and prior to December 5, 1996 is eligible for short-term transitional leave.

(ii) On or after December 5, 1996 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(B) Any person serving a sentence under the provisions of ORS 137.712 for Manslaughter II committed on or after October 23, 1999 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(C) Any person serving a sentence under the provisions of ORS 137.712 for Rape II, Sodomy II, Unlawful Sexual Penetration II, or Sex Abuse 1 committed on or after January 1, 2002 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(D) If otherwise eligible under Oregon law, any person serving a sentence for a crime committed on or after December 5, 1996, shall be eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(2) Additional Eligibility Requirements: An inmate who meets the sentencing eligibility requirements as referenced in (1) above may be approved for short-term transitional leave if he/she meets the following criteria:

(a) Incarcerated for at least six months, including applicable county jail time credits, before being eligible for short-term transitional leave.

(b) Be classified as minimum (Level 1 or Level 2) custody in accordance with the Department of Corrections rules on Classification (Inmate) (OAR 291-104);

(c) Shall reside within the State of Oregon through the full term of short-term transitional leave;

(d) Does not have a current detainer or other charges that would result in incarceration upon release to short-term transitional leave;

(e) Has not been found guilty of any Level 1 or 2 major violations of prohibited conduct within 15 months of the inmate's projected release date;

(f) Has not received a Failure of Corrections Plan (FOCP) within 15 months of the inmate's projected release date;

(g) Has not already failed non-prison or short-term transitional leave during the current term of incarceration or the term immediately preceding the current term of incarceration;

(h) Has not received a program failure from a work release or reentry program during the current term of incarceration;

(i) Has not been designated as a Sexually Violent Dangerous Offender, Predatory Sexual Offender, or classified as a Tier III sex offender;

(j) Is currently in suitable physical and mental condition; and

(k) Has not committed a new crime during the current term of incarceration. This does not include any time served at a local county facility for the current sentence(s).

(3) An inmate shall not be eligible if the releasing authority has determined that he/she presents a significant safety, security, or compliance risk to the community.

Or. Admin. R. 291-063-0120

Renumbered from 291-063-0016, DOC 9-2017, f. 6-8-17, cert. ef. 6/12/2017; DOC 16-2018, amend filed 06/11/2018, effective 6/11/2018; DOC 26-2018, minor correction filed 10/10/2018, effective 10/10/2018; DOC 12-2020, temporary amend filed 07/16/2020, effective 7/16/2020 through 1/11/2021; DOC 1-2021, amend filed 01/05/2021, effective 1/5/2021

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075

Statutes/Other Implemented: 423.030, 423.075, ORS 179.040, 421.168 & 423.020