OAR 416-410-0020
Allocation of Close-custody Beds
(1)
The Executive Team will determine the number of designated Public Safety Reserve (PSR) beds, ensuring that offenders adjudicated for committing specified crime types can be placed in close custody.(a) Offenders committed to OYA close custody for the following offenses qualify for a PSR bed:
(A) Murder in the first degree, as defined by ORS 163.107 (Murder in the first degree)(1);
(B) Murder in the second degree, as defined by ORS 163.115 (Murder in the second degree);
(C) Attempt to commit aggravated murder or murder in any degree, as defined by ORS 161.405 (“Attempt” described)(2)(a);
(D) Aggravated murder, as defined by ORS 163.095 (“Aggravated murder” defined);
(E) Manslaughter in the first degree, as defined by ORS 163.118 (Manslaughter in the first degree);
(F) Rape in the first degree, as defined by ORS 163.375 (Rape in the first degree);
(G) Sodomy in the first degree, as defined by ORS 163.405 (Sodomy in the first degree);
(H) Unlawful sexual penetration in the first degree, as defined by ORS 163.411 (Unlawful sexual penetration in the first degree);
(i) Assault in the first degree, as defined by ORS 163.185 (Assault in the first degree);
(J) Robbery in the first degree, as defined by ORS 164.415 (Robbery in the first degree);
(K) Arson in the first degree, as defined by ORS 164.325 (Arson in the first degree);
(L) Kidnapping in the first degree, as defined by ORS 163.235 (Kidnapping in the first degree);
(M) Manslaughter in the second degree, as defined by ORS 163.125 (Manslaughter in the second degree);
(N) Criminally negligent homicide, as defined by ORS 163.145 (Criminally negligent homicide);
(O) Assault in the second degree, as defined by ORS 163.175 (Assault in the second degree);
(P) Kidnapping in the second degree, as defined by ORS 163.225 (Kidnapping in the second degree);
(Q) Rape in the second degree, as defined by ORS 163.365 (Rape in the second degree);
(R) Sodomy in the second degree, as defined by ORS 163.395 (Sodomy in the second degree);
(S) Unlawful sexual penetration in the second degree, as defined by ORS 163.408 (Unlawful sexual penetration in the second degree);
(T) Sexual abuse in the first degree, as defined by ORS 163.427 (Sexual abuse in the first degree);
(U) Robbery in the second degree, as defined by ORS 164.405 (Robbery in the second degree);
(V) Using a child in a display of sexually explicit conduct, as defined by ORS 163.670 (Using child in display of sexually explicit conduct);
(W) Aggravated vehicular homicide, as defined by ORS 163.149 (Aggravated vehicular homicide);
(X) Unlawful Manufacture or Delivery of a Controlled Substance thereby causing death, as defined by ORS 475.752 (Prohibited acts generally)(6);
(Y) Compelling prostitution as defined by ORS 167.017 (Compelling prostitution); or
(Z) Conspiracy to commit any of the offenses listed above, as defined by ORS 161.450 (“Criminal conspiracy” described).
(b) Offenders must be removed from PSR eligibility upon parole from close custody, except offenders who were committed for the following offenses:
(A) Murder in the first degree, as defined by ORS 163.107 (Murder in the first degree)(1);
(B) Murder in the second degree, as defined by ORS 163.115 (Murder in the second degree);
(C) Attempt to commit aggravated murder or murder in any degree, as defined by ORS 161.405 (“Attempt” described)(2)(a);
(D) Aggravated murder, as defined by ORS 163.095 (“Aggravated murder” defined);
(E) Manslaughter in the first degree, as defined by ORS 163.118 (Manslaughter in the first degree);
(F) Rape in the first degree, as defined by ORS 163.375 (Rape in the first degree);
(G) Sodomy in the first degree, as defined by ORS 163.405 (Sodomy in the first degree);
(H) Unlawful sexual penetration in the first degree, as defined by ORS 163.411 (Unlawful sexual penetration in the first degree);
(i) Assault in the first degree, as defined by ORS 163.185 (Assault in the first degree);
(J) Robbery in the first degree, as defined by ORS 164.415 (Robbery in the first degree);
(K) Arson in the first degree, as defined by ORS 164.325 (Arson in the first degree); or
(L) Kidnapping in the first degree, as defined by ORS 163.235 (Kidnapping in the first degree).
(c) If an offender returns to close custody, the offender must occupy a county-allocated bed, unless:
(A) The offender is returned to close custody for a new offense listed in subsection (1)(a) of this rule; or
(B) The offender was originally committed for an offense listed in subsection (1)(b) of this rule.
(2) The Executive Team and a representative from the Oregon Juvenile Department Directors’ Association (OJDDA) must monitor PSR bed usage. The Executive Team, in consultation with the OJDDA representative, may alter criteria for PSR, as necessary.
(3) Offenders who do not qualify for PSR beds may be placed in the remaining close-custody beds.
(a) Each county must be allocated a percentage of the non-PSR beds through the use of the agreed upon formula between the counties, and approved by OYA.
(b) These beds are considered discretionary. Counties must limit their discretionary bed use to the number allocated to their county.
(c) Counties may join in regional plans to combine their discretionary close-custody population limits and diversion funding under OAR 416-410-0030 (Diversion Contracts).
Source:
Rule 416-410-0020 — Allocation of Close-custody Beds, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-410-0020.