Or. Admin. Code § 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.
Notes
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
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