Or. Admin. Code § 291-052-0170
Current through Register Vol. 64, No. 1, January 1, 2025
Section 291-052-0170 - Second Look(1) Not more than 120 days and not less than 60 days before the sentence is one-half served, OYA or DOC, whichever has physical custody of the AIC or YIC, shall file with the sentencing court a notice and request for the court to set a time and place for a hearing on all AICs or YICs eligible for a second look.(2) If a request is filed by OYA, OYA shall notify the DOC release counselor and the Offender Information and Sentence Computation unit of the request and the date of the hearing. A case summary will be prepared by OYA and submitted to DOC prior to the date of the hearing.(3) If the AIC or YIC is in the physical custody of OYA, the OYA Second Look coordinator will immediately notify the Offender Information and Sentence Computation unit and the DOC release counselor of the decision of the court.(4) If the court decides that a conditional release is appropriate and the AIC or YIC is in the physical custody of OYA, DOC will coordinate a release plan with the county community corrections agency and the OYA. DOC will submit a release plan to the court no later than 45 days after the receipt of the court's direction to prepare the plan. A release plan must include:(a) A description of support services and program opportunities available to the AIC or YIC;(b) The recommended conditions of the release and supervision;(c) The level of supervision required;(d) Conditions or requirements that provide for the safety of the victim, the victim's family, and the community;(e) A payment schedule for AICs or YICs whose sentences include a requirement to make restitution or to pay compensatory fines or attorney fees and who have not yet made full payment;(f) Any conditions reasonably necessary to further the reform and rehabilitation of the AIC or YIC and to ensure compliance with the other conditions imposed; and(g) Any special conditions necessary because of the AIC's or YIC's individual circumstances.(5) If the court does not approve the proposed release plan and returns the plan to DOC with recommended modifications and additions, DOC shall submit a revised plan to the court no later than 15 days after the receipt of the court's recommended modifications and additions.(6) When the court has approved a final release plan, DOC shall arrange for the physical release of the AIC or YIC and notify OYA of the arrangements.(7) A final release plan shall require the DOC or designee to submit a report to the court no later than 90 days after the AIC or YIC is conditionally released, and at least every 180 days thereafter, informing the court of the AIC's or YIC's circumstances and progress on conditional release. Reports submitted to the court by the DOC designee shall also be given to the DOC release counselor.(8) While on conditional release, the AIC or YIC shall remain under the jurisdiction of the court. (a) If the AIC or YIC violates a condition of release, the AIC or YIC may be taken into custody and detained pending a hearing by the court;(b) No later than 24 hours after an AIC or YIC is taken into custody, DOC or DOC's designee shall file a notice and affidavit with the court and serve a copy of the notice and affidavit on the person.Or. Admin. Code § 291-052-0170
DOC 14-2015, f. & cert. ef. 10/20/2015; DOC 13-2018, amend filed 06/07/2018, effective 6/7/2018; DOC 12-2023, amend filed 05/24/2023, effective 5/24/2023Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 420A.203, 420A.206, 423.020, 423.030 & 423.075