OAR 291-062-0165
Nonprison Leave Violations
(1)
For alternative incarceration program participants who violate their conditions of nonprison leave, administrative sanctions or interventions, including revocation of nonprison leave, may be imposed in accordance with the department’s rules on Structured, Intermediate Sanctions (OAR 291-058) and the department’s rules on Leave Revocation Hearings (OAR 291-066).(2)
Revocation of Nonprison Leave(a)
If, pursuant to OAR 291-058-0047 (Imposition of Administrative Sanctions/Interventions on Nonprison Leave Inmates), an officer believes that an adult on leave has violated a condition of nonprison leave and recommends revocation of nonprison leave under OAR 291-058-0047 (Imposition of Administrative Sanctions/Interventions on Nonprison Leave Inmates)(5) after consultation and agreement of the institution functional unit manager or designee, the adult on leave shall be subject to immediate return to a Department of Corrections facility and subject to a hearing as provided in the department’s rule on Leave Revocation Hearings (OAR 291-066).An AIC found in violation of a nonprison leave condition, may be subject to revocation and immediate return to a Department of Corrections institution following the procedures provided in the department’s rules on Leave Revocation Hearings (OAR 291-066.) Upon return to a Department of Corrections institution the AIC also may be subject to other sanctions in accordance with the Department of Corrections rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).(A)
If the adult on leave’s whereabouts are unknown, it shall be the responsibility of the supervising officer to immediately submit a warrant request in writing to the institution functional unit manager or designee. A warrant will be issued in accordance with the Department of Corrections policy. Upon apprehension, it shall be the responsibility of the supervising officer to report the alleged violation and recommended sanction in writing to the institution functional unit manager or designee.(B)
If the adult on leave’s whereabouts are known and the violation is believed to support a revocation of the nonprison leave, it shall be the responsibility of the supervising officer to report the alleged violation in writing to the institution functional unit manager or designee within five working days of the alleged violation.(b)
When revocation of nonprison leave is approved, the releasing authority shall ensure that a misconduct report is submitted in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).(c)
When the adult on leave is returned to a Department of Corrections facility and a misconduct report is submitted, a hearing shall be conducted in accordance with the Department of Corrections rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).(3)
An alternative incarceration program participant whose nonprison leave is revoked for violating a condition of nonprison leave disciplinary reasons AIC will be considered a program failure and non-compliant with institution conduct for the length of the AIC’s nonprison leave. The AIC’s earned time credits shall be computed as outlined in the department’s rules on Prison Term Modification (OAR 291-097).
Source:
Rule 291-062-0165 — Nonprison Leave Violations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-062-0165.