OAR 255-075-0004: Guidelines for “Best Interest” Return

When the Sanction Authority determines that an offender’s release on parole or post-prison supervision is not in the best interest of the offender or in the best interest of society, the Sanction Authority may return the offender to custody. This type of return to custody may apply when: (1) The offender is suffering from an emotional or psychological disturbance which makes the offender dangerous to self or others if left in the community. The following behavior may indicate a dangerous emotional or psychological disturbance: (a) Showing a present capacity to carry out any statements or threats of violence against the offender or the community; or (b) Circumstances and conduct similar to that which led to the initial incarceration; or (2) The offender’s behavior cannot be adequately controlled if left in the community. (3) Best interest returns for offenders on post-prison supervision shall not exceed 90 days, and must be approved by the Sanction Authority.