ORS 144.610
Out-of-state supervision of parolees
- contract with other states
(1)
That the judicial and administrative authorities of a state party to this compact (herein called “sending state”) may permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called “receiving state”) while on a probation or parole, if:(a)
Such person is in fact a resident of, or has the family of the person residing within, the receiving state and can obtain employment there;(b)
Though not a resident of the receiving state and not having the family of the person residing there, the receiving state consents to such person being sent there.(2)
That each receiving state shall assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.(3)
That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon, and not reviewable within, the receiving state; provided, however, that if at the time when a state seeks to retake a probationer or parolee there is pending against the probationer or parolee within the receiving state any criminal charge or if the probationer or parolee is suspected of having committed within such state a criminal offense, the probationer or parolee shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.(4)
That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states party to this compact without interference.(5)
That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.(6)
That this compact shall become operative immediately upon its execution by any state as between it and any other state so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.(7)
That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it by sending six months’ notice in writing of its intention to withdraw from the compact to the other states party hereto.
Source:
Section 144.610 — Out-of-state supervision of parolees; contract with other states, https://www.oregonlegislature.gov/bills_laws/ors/ors144.html.
Notes of Decisions
Since acceptance of out-of-state probationer for supervision is administrative decision, trial court had no authority to order state to accept supervision of defendant’s probation. State v. Geist, 55 Or App 580, 639 P2d 660 (1982)
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