Or. Admin. Code § 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.
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/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
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