Or. Admin. Code § 255-070-0015 - Establishing Conditions of Parole and Post-Prison Supervision

(1) The Board may order an exit interview prior to the Adult in Custody's (AIC) release date to review the AIC's case and set or approve conditions. See Division 255-060 for exit interview procedures.

(2) If the Board decides to waive an exit interview, it shall specify the parole conditions prior to release and shall include the conditions on an order of supervision.

(3) If the Board decides to waive an exit interview, it shall specify, in an order given to the offender upon release from incarceration, the post-prison supervision conditions.

(4) Once the Board establishes the conditions, the Board may amend the conditions and issue an amended order by:

(a) considering a requested modification administratively, if the amendment is requested before the inmate's release on parole or post-prison supervision or if a condition is deleted after release;

(b) citing to a hearing, if the amendment is requested after release and the offender does not consent in writing to the addition of conditions;

(c) within 60 days of the adult in custody's release, by Board initiative or upon receipt of a requested modification, when the Board is made aware of an error made by the Board in ordering any special condition issued, or in not ordering any special condition which should have been issued on the original order of supervision conditions; or

(d) when the adult in custody was released from the institution prior to the Board being able to issue an order of supervision conditions.

(5) The Hearings Officer or supervising officer may amend the supervision conditions, and shall send notice of such amendment to the Board, when:

(a) the offender consents and waives their right to a hearing; or

(b) after a hearing conducted by a Hearings Officer.

(6) If the Board does not override the Hearings Officer or supervising officer amended conditions, the Board shall issue an amended order of conditions, however, the condition is in effect from the date the supervising officer or Hearings Officer orders it.

(7) The Board or the Hearings Officer shall conduct a hearing under section (4) and (5) of this rule applying rules governing violation hearings in Division 255-075.

(8) When a supervisory authority requests amended conditions before the inmate is released on parole or post-prison supervision, the supervisory authority shall submit the request in writing to the Board prior to the release date.

(9) An offender may appeal the conditions of parole or post-prison supervision pursuant to the procedures of Division 80.

Notes

Or. Admin. Code § 255-070-0015

PAR 6-1988, f. & ef. 5-19-88; PAR 2-1990, f. & cert. ef. 4-5-90; PAR 4-1992(Temp), f. & cert. ef. 4-30-92; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 5-1998, f. & cert. ef. 11-9-98; PAR 1-2021, amend filed 09/10/2021, effective 9/10/2021

Statutory/Other Authority: ORS 144.096, 144.098, 144.102, 144.104, 144.106, 144.125, 144.185, 144.270, 144.331 & 144.343

Statutes/Other Implemented: ORS 144.096, 144.098, 144.102, 144.104, 144.106, 144.125, 144.185, 144.270, 144.331 & 144.343