Or. Admin. Code § 291-019-0200 - Cases Not Requiring Transfer Request and Corresponding Responsibilities

(1) New Cases: New cases are not subject to the transfer process.

(2) If, at the time of sentencing, the adult on supervision resides in a county other than the county of conviction, the office serving the county of residence shall assume supervision without requiring any transfer investigation from the sending county.

(3) Ninety-day Rule: If an adult on supervision, whose residence is in another county, is sentenced by court order to less than 90 calendar days in jail, the case will be transferred to the office in the county of residence. If an adult on supervision is sentenced to 90 days or more, the case will be held by the county of conviction until released from jail at which time the case will be handled as a new intake in the county of residence upon verification of residence.

(4) In situations described in sections (2) and (3) above, it is the responsibility of the sending office to (1) obtain reporting instructions from the receiving county and (2) ensure that the court order and police report, when available, are sent to the receiving county.

(5) Six-Month Rule: In the last six months of supervision, and when an adult on supervision is in compliance, other options should be considered (i.e., earned discharge, early termination, bench probation, low or limited supervision level, inactive or unsupervised status) before attempting to transfer.

(6) The serving of a local control incarceration sentence under the legal or physical custody of the local supervisory authority, including any alternative forms of custody, is not subject to transfer under this rule.

(7) The supervision of a non-funded misdemeanor is not subject to this rule unless the non-funded misdemeanor is accompanied by a felony or funded misdemeanor. If funded misdemeanors or felony cases expire, leaving only a non-funded misdemeanor open, supervising counties cannot automatically transfer the adult on supervision back to the convicting county outside of the transfer process.

Notes

Or. Admin. Code § 291-019-0200

DOC 6-2022, adopt filed 08/08/2022, effective 8/8/2022

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

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