OAR 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 inmate, shall file with the sentencing court a notice and request for the court to set a time and place for a hearing on all inmates eligible for a second look.(2)
If a request is filed by OYA, OYA shall notify the DOC release counselor and Offender Information and Sentence Computation of the request and the date of the hearing. A case summary (Exhibit I) will be prepared by OYA and submitted to DOC prior to the date of the hearing.(3)
If the inmate is in the physical custody of OYA, the OYA Second Look coordinator will immediately notify Offender Information and Sentence Computation and the DOC release counselor of the decision of the court.(4)
If the court decides that a conditional release is appropriate and the inmate 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 the release plan to the court no later than 45 days after the receipt of the court’s direction to prepare the plan. The release plan must include:(a)
A description of support services and program opportunities available to the inmate;(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 inmates 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 inmate and to ensure compliance with the other conditions imposed; and(g)
Any special conditions necessary because of the inmate’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 plan, DOC shall arrange for the physical release of the inmate and notify OYA of the arrangements.(7)
The final release plan shall require the DOC or designee to submit a report to the court no later than 90 days after the inmate is conditionally released, and at least every 180 days thereafter, informing the court of the inmate’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 inmate shall remain under the jurisdiction of the court:(a)
If the inmate violates a condition of release, the inmate may be taken into custody and detained pending a hearing by the court;
Source:
Rule 291-052-0170 — Second Look, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-052-0170.