Or. Admin. Code § 291-063-0110

Current through Register Vol. 63, No. 12, December 1, 2024
Section 291-063-0110 - Definitions for OAR 291-063-0100 to 291-063-0160
(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC's legal custody but are temporarily outside of DOC's physical custody for reasons that include, but are not limited to, court proceeding, medical appointments, work assignments, programs, or interstate compact. AIC also includes individuals who have been released onto STTL, Non-prison leave, or emergency leave.
(2) Business Day: Monday through Friday, excluding weekends and holidays.
(3) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.
(4) Employee: Any person employed full-time, part-time or under temporary appointment by the Department of Corrections.
(5) Hearings Officer: A person designated by the Department of Corrections to conduct short-term transitional leave and nonprison leave revocation hearings.
(6) Immediate Family Member: Spouse, domestic partner, parent, sibling, child, aunt, uncle, niece, nephew, grandchildren, and grandparents including foster, in-law, and step-relationships. Immediate family also includes the caregiver of the AIC's minor child.
(7) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program (AIP).
(8) Predatory Sex Offender: A special designation made by the supervisory authority in accordance with former ORS 181.507 or 181.585.
(9) Releasing Authority: The Assistant Director of the Community Corrections Division or designee.
(10) Revocation Hearing: A hearing to determine whether there is probable cause to believe the AIC has violated one or more conditions of short-term transitional or nonprison leave, whether there are substantial reasons or circumstances that warrant the AIC on leave be returned to the Department of Corrections, or both.
(11) Sexually Violent Dangerous Offender: A special designation made by the court under ORS 137.765 and the Board of Parole and Post-Prison Supervision or local supervisory authority under ORS 144.635.
(12) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide AICs with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave is granted in accordance with ORS 421.168.
(13) Term of Incarceration: The period of commitment to the legal and physical custody of the department imposed by a sentencing court in a judgement. For purposes of these administrative rules, "term of incarceration" includes pre-sentence incarceration credit granted to an AIC by the department under ORS 137.370, as well as any time an AIC spends on short-term transitional leave under ORS 421.168 or nonprison leave under ORS 421.510.
(14) Level III Sex Offender: A special designation made by the Board of Parole and Post-Prison Supervision in accordance with OAR 255-085-0010 to 255-085-0050.

Or. Admin. Code § 291-063-0110

Renumbered from 291-063-0010, DOC 9-2017, f. 6-8-17, cert. ef. 6/12/2017; DOC 16-2018, amend filed 06/11/2018, effective 6/11/2018; DOC 12-2020, temporary amend filed 07/16/2020, effective 7/16/2020 through 1/11/2021; DOC 1-2021, amend filed 01/05/2021, effective 1/5/2021

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075