Or. Admin. Code § 291-149-0130

Current through Register Vol. 64, No. 1, January 1, 2025

Section 291-149-0130 - Inmate Eligibility

(1) The Department will identify inmates who are eligible to be considered for participation in a work release program. To be eligible to participate in a program an inmate must:

(a) Be serving a sentence that does not disqualify the inmate from participation in a work release program;

(b) Be classified as minimum custody under the Department's rules on Classification (Inmate), OAR 291-104; and

(c) Meet criteria for 'Unfenced' work assignment pursuant to the Assessment, Assignment, and Supervision of Inmates for Work Assignments and Unfenced Minimum Housing (WHALE) rules, OAR 291-082-0110(4).

(2) If the work release program is for the purpose of participating in an inmate work program, the inmate must be within 18 months of their release date.

(3) If the work release program is for the purposes of alcohol and drug treatment; education, including but not limited to vocational, technical and general education; mental health programs; or specific treatment to develop independent living skills, the time period prior to the inmate's release date may vary and will be determined at the time approval is granted for participation in a specific work release program.

(4) If otherwise eligible, an inmate serving a sentence for a crime committed on or after December 5, 1996, may be considered for participation in a work release program only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(5) An inmate will not be considered for participation in a work release program if the inmate:

(a) Is serving a sentence pursuant to:

(A) ORS 137.635;

(B) ORS 137.700 or ORS 137.707 (Ballot Measure 11) (until the minimum term has been served);

(C) ORS 161.610 (Gun Minimum);

(D) ORS 163.105 (Aggravated Murder);

(E) ORS 163.115(Murder) (until minimum term has been served); or

(F) ORS 161.725 - ORS 161.737 (Dangerous Offender), even if the Board of Parole and Post-Prison Supervision has set a parole or post-prison supervision release date.

(b) Has a current detainer or other charge that could result in incarceration if released from confinement.

(c) Has an active escape designator as defined in the Department's rules on Classification (Inmate), OAR 291-104.

Or. Admin. Code § 291-149-0130

DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98; DOC 9-2019, amend filed 6/17/2019, effective 6/17/2019

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852

Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852