OAR 255-075-0073: Return to DOC for a Period of Greater than 12 Months

(1) Post-prison supervision may be revoked and an offender returned to the custody of the Department of Corrections for a sanction that exceeds 12 months when: (a) The offender is currently in violation of a condition of supervision; and (b) The offender scores at least a total of 44 points on the scale in Exhibit R of these rules; and (c) The community corrections agency supervising the offender and/or a hearings officer recommend a return to the Department of Corrections for a sanction exceeding 12 months; and (d) The Board finds that a sanction exceeding 12 months is appropriate. (2) This rule may only be applied to offenders serving a term of post-prison supervision for a felony crime committed on or after July 14, 1997, and the term of post-prison supervision: (a) Follows completion of a sentence to a term of imprisonment that exceeds 12 month;, or (b) Was imposed for a felony classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid; or (c) Was imposed as part of a sentence under ORS 137.700 or 137.707; or (d) Was imposed as part of a sentence as a dangerous offender under ORS 161.725 and 161.737; or (e) Is subject to ORS 144.103 (length of post-prison supervision for certain sex offenses). (3) A revocation hearing as described in OAR 255-075-0005 must be held when there is a recommendation under this rule. (4) A community corrections agency and/or hearing officer recommending a sanction under this rule must specifically state how the offender fits the requirements of this rule (including the score on the scale), what efforts have been made to manage the offender in the community and why the offender cannot be safely managed in the community. The recommendation may also contain any other information that may assist the board. (5) If a community corrections agency and/or hearing officer recommends a sanction under this rule, the board shall hold a hearing as described in OAR 255-075-0097 to determine whether a sanction exceeding 12 months is appropriate. After a hearing, the board can order a sanction of up to 24 months incarceration. The board must hold a subsequent hearing before it can order continued incarceration exceeding 24 months. The length of sanction imposed under this rule is determined by the board. (6) Subject to the requirements of this rule, an offender may be required to serve a sanction under this rule up to the post-prison supervision expiration date for any offense for which an offender was on post-prison supervision at the time the board ordered a sanction under this rule. When an offender is released from a sanction imposed under this rule, the offender must serve the balance, if any, of any post-prison supervision remaining up to the post-prison supervision expiration date. If the offender is not released prior to the post-prison supervision expiration date, the post-prison supervision will expire. The periods of post-prison supervision for all offenses for which an offender was on post-prison supervision at the time the board ordered a sanction under this rule continue to run while an offender is serving a sanction under this rule. (7) Board hearings under this rule will be conducted in the same manner that the board conducts future disposition hearings. The board may order a psychological evaluation for a hearing under this rule. The procedures for records, disclosure and notice outlined in divisions 15 and 30 shall govern these hearings. A panel may conduct the hearing and the board shall make decisions pursuant to OAR 255-030-0015. (8) In determining whether a sanction exceeding 12 months is appropriate or whether continued incarceration exceeding 24 months is appropriate, the board must consider the recommendation by the community corrections agency or hearing officer and may also consider the following: (a) The nature of the underlying conviction(s); (b) The offender’s criminal history; (c) The history and nature of violations of post-prison supervision or parole; (d) Findings made by a psychologist in a psychological evaluation; (e) Conduct in institutions or jails; (f) Programs completed in custody and/or in the community; (g) Treatment available in the community; (h) Release plans; (i) Victim’s statements, if any; and (j) Any indications of reformation and rehabilitation. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory Auth.: ORS 144.107