Or. Admin. Code § 291-206-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-206-0010 - Definitions

(1) Active Probation Supervision: Supervision requiring the supervising officer's regular contact and monitoring to assure continued compliance with the general and special conditions of probation supervision.

(2) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). The court may award compensatory fines in addition to restitution.

(3) Compliance with the Conditions of Probation and Supervision Plan: For purposes of these rules an eligible offender shall be deemed by the supervisory authority to be in compliance with the conditions of probation and any applicable supervision plan if:

(a) All special conditions imposed by the sentencing court for the offender on the term of probation under consideration for inactive supervision have been satisfactorily completed, including the full payment of any restitution or compensatory fine ordered;

(b) There have been no technical violations of probation conditions reported to the sentencing court for the immediate six months prior to the consideration for inactive status;

(c) There have been no new crime violations of probation conditions reported to the sentencing court during the term of probation under consideration for inactive supervision; and

(d) All terms of any applicable supervision plan have been satisfied.

(4) Inactive Probation Supervision: A reduced level of supervision that does not include any direct supervision by a supervising officer or regular reporting; however, the offender remains subject to arrest by a supervising officer for violations of condition of supervision and return to active supervision at any time until expiration of the term of probation. All general and special conditions of supervision remain in effect with the following exceptions:

(a) General Condition #1 -- Pay supervision fees (fines, restitution or other fees previously ordered by the court remain in effect); and

(b) Special conditions specifically deleted by the court.

(5) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control or probation status.

(6) Supervising Officer: The parole and probation officer assigned to supervise the offender.

(7) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1).

Or. Admin. Code § 291-206-0010

DOC 3-2010, f. & cert. ef. 2-24-10; DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10; DOC 12-2010, f. & cert. ef. 9-8-10

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660