(1)At 60 days prior to completion of the minimum period of supervision as authorized in OAR 291-209-0030 (Period of Supervision), the supervising officer or designee shall review the offender’s file and determine if the offender is in compliance with the offender’s conditions and any applicable supervision case plan as defined in these rules.
(a)If the supervising officer or designee determines that the offender is in compliance, the supervising officer shall recommend to the supervisory authority that it grant earned discharge to the offender.
(b)Upon receiving a request from the supervising officer, the supervisory authority shall grant the offender earned discharge if the supervisory authority determines that the offender is in compliance with his or her conditions of supervision and any applicable supervision case plan as defined in these rules.
(c)If the supervising officer or designee determines that the offender is not in compliance, earned discharge shall not be granted; however, the supervising officer may conduct a subsequent earned discharge review at any point thereafter until the offender is approved for earned discharge or the case under consideration reaches its sentence expiration date.
(d)If the offender has been convicted of a new felony or misdemeanor crime that occurred while on supervision for the case under consideration, the offender is not eligible for earned discharge.
Rule 291-209-0040 — Earned Discharge,