OAR 291-019-0130
Transfers of Supervision Between Community Corrections Agencies: Standards for Request and Acceptance
(1)
Requests:(a)
Except for sex offender cases, whenever an officer has given an offender permission to relocate to a different county, within 30 days, the officer shall submit a transfer investigation request to the receiving county on all cases including misdemeanors.(A)
If the purpose of the change of residence is for residential treatment and a return is anticipated, no transfer is necessary.(B)
For low and limited supervision and low and limited risk offenders, the county of supervision will notify the county of residence in writing that the offender now resides in their county. The receiving county may review the offender’s history in the Corrections Information System to determine whether they wish to assume supervision. The decision to investigate and accept supervision shall be at the discretion of the county of residence.(C)
Under no circumstances shall a probation or parole officer allow a sex offender to move to a new county without first applying for and receiving emergency reporting instructions. If parameters for emergency reporting do not apply, then the offender must remain in the sending county until a full transfer investigation is completed.(b)
Transfer Investigation: In all cases involving the transfer of the supervision responsibility for an offender, the sending county shall assure that the following information is up to date and accurate in the offender’s ISIS (computer integrated system) file prior to making the investigation request:(A)
Name: Last, first, and middle;(B)
Date of birth;(C)
SID Number: If none is available, the sending office shall submit a fingerprint card to the State Identification Bureau prior to transfer;(D)
Crime(s);(E)
County(ies);(F)
Sentencing data including county, docket numbers, expiration date, and judge’s name for each case;(G)
History/risk score according to the Oregon Case Management System;(H)
Date of request to transfer;(I)
Special Conditions: List all special conditions including specific dollar amounts for restitution, court costs, fines and fees as well as community service hours and any other conditions requiring specificity;(J)
Residence: Provide a complete address; rural addresses should include specific directions on location of the residence as well as a description; and(K)
Conformance: Note any non-compliance with either the general or special conditions of supervision. Reflect the exact amount of any financial obligations owed to date and any other pertinent information.(c)
Sex Offenders: A transfer packet must be sent to the receiving county. The transfer packet shall include:(A)
Court orders/parole or post-prison supervision order;(B)
Sex offender evaluation (if available);(C)
Presentence investigation or police reports;(D)
Completed sex offender risk assessment; and(E)
Most recent treatment progress report or treatment discharge report.(2)
Acceptance/Rejection:(a)
If a sex offender meets the documented parameters for emergency reporting, the sending county must provide emergency reporting information to the receiving county. The receiving county has up to five days to reply. Once the receiving county has accepted the offender on an emergency basis, a rule transfer packet must be sent to the receiving county.(b)
The receiving county must complete the investigation and respond to the sending county within 30 days.(c)
The transfer request must be accepted if the offender has a job or other legitimate source of income, a residence and the means to comply with the special conditions of his/her supervision unless:(A)
The only active supervision is for a misdemeanor and the receiving county is unable to provide supervision based on misdemeanant status, due to county policy and/or resource limitations; or(B)
Public safety would be compromised by the transfer (e.g , a child molester residing in a dwelling where children are present; a proposed residence provider supporting sex offender’s denial or noncompliance; a drug offender residing in a known drug house; an arson offender residing in a boarding house); or(C)
The supervision is for a low and limited supervision or low and limited risk offender, whereas the decision to accept supervision is at the discretion of the county of residence.(d)
Neither non-compliance (except for sex offender cases) nor outstanding misdemeanor warrants shall be grounds for rejection. Felony warrants and warrants involving active cases for which an offender is under formal supervision shall be resolved prior to the transfer process.(e)
Supervision of a misdemeanor must be accepted if there is concurrent felony supervision.(f)
Outstanding Warrants and Pending Criminal Charges/Violations: Prior to transfer, the sending office shall:(A)
Make reasonable efforts to resolve any warrants;(B)
Remove any individual county requirements outside of usual practice;(C)
Report all non-compliance/violations to the releasing authority; and(D)
Be responsible for resolving all pending non-compliance/violations. The sending county should collaborate with the receiving county to determine an appropriate response to pending violations.(g)
When a transfer is rejected in the interest of public safety, the offender shall be directed by the receiving county to return to the sending county or to secure a suitable residence elsewhere, except for sex offenders who have been granted emergency reporting instructions, who shall be directed to return to the sending county and to initiate any further transfer requests from the sending county. Failure of the offender to do so is a violation and may be grounds for revocation. The reason for rejection needs to be specified and reviewed by the unit supervisor.(h)
During the transfer investigation, if an officer from the receiving office observes a violation or has reason to believe that a violation has occurred, that officer shall immediately report the alleged violation to the sending office for appropriate response.
Source:
Rule 291-019-0130 — Transfers of Supervision Between Community Corrections Agencies: Standards for Request and Acceptance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-019-0130.