Or. Admin. Code § 291-063-0140

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

Section 291-063-0140 - Approval of Short-Term Transitional Leave

(1) Short-term transitional leave may be granted for an AIC releasing from any Department of Corrections facility or county facility with proper approval of the releasing authority.

(2) Transitional Leave Release Plan:

(a) Designated employees shall initiate the short-term transitional leave process by identifying eligible AICs.

(b) Designated employees, in conjunction with the county of supervision, shall assist eligible AICs in preparing a transitional leave release plan.

(c) The county of supervision shall investigate and respond to a transitional leave release plan within 45 days of receipt of the plan.

(d) The county of supervision must support the AIC's release to short-term transitional leave.

(3) Approval:

(a) The releasing authority or designee may grant a short-term transitional leave to allow an AIC to participate in an approved release plan.

(b) Under the provisions of ORS 144.260, notification must be sent to the district attorney 30 days before the AIC's unescorted release from actual physical custody. If the sentencing judge or victim requests, they will be notified in the same manner.

(c) No short-term transitional leave will be granted to allow the AIC to reside with a Department of Corrections employee, contractor, or volunteer, unless the AIC is an immediate family member of the employee, contractor, or volunteer.

(d) If the transition plan is not approved, the AIC may obtain an administrative review of that decision by submitting a request in writing to the Assistant Director of Community Corrections Division. All administrative review decisions are final.

(4) All expenses while on short-term transitional leave shall be borne by the AIC unless otherwise specifically authorized. AICs placed on short-term transitional leave are responsible for their own medical care.

(5) The Department may rescind approval for short-term transitional leave at any time, for administrative reasons. If the department rescinds approval while the AIC is on short-term transitional leave status, the AIC may request a hearing regarding the department's decision to rescind approval for administrative reasons.

(a) If the AIC requests a hearing, the department will provide a hearing using applicable Department rules for Leave Revocation Hearings (OAR 291-066) for evidence and making preliminary findings of fact, to the extent that those rules are not inconsistent with these rules (OAR 291-063). After the hearings officer has provided a final report described in OAR 291-066-0310, the department will make a final determination as to whether to revoke leave as provided in these rules (OAR 291-063).

(b) The hearing may be conducted prior to the physical return of the AIC to DOC custody if feasible however is not required. If the AIC is returned to the physical custody of DOC prior to the hearing, the hearing will be conducted once the AIC is housed in a DOC facility.

Or. Admin. Code § 291-063-0140

Renumbered from 291-063-0030, 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