Department of Corrections Institutions

ORS 421.168
Transitional leave

  • rules


The Department of Corrections shall establish a short-term transitional leave program. The program shall provide adults in custody with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the adult’s discharge to post-prison supervision.


The Department of Corrections shall identify each adult in custody who is eligible for the short-term transitional leave program and shall, in conjunction with the supervisory authority for the county to which the adult in custody will be released, assist each eligible adult in custody in preparing a transition plan and in identifying and applying for an employment, educational or other transitional opportunity in the community.


If the transition plan for the adult in custody is approved by the department and is an essential part of successful reintegration into the community, the department may grant a transitional leave no more than 120 days before the discharge date of the adult in custody.


An adult in custody is not eligible for transitional leave before having served six months of prison incarceration.


The department shall adopt rules to carry out the provisions of this section. The rules must include a set of release conditions for adults in custody released on transitional leave status. An adult in custody on transitional leave status is subject to immediate return to prison for any violation of the conditions of release.


The provisions of this section do not apply to adults in custody whose sentences were imposed under ORS 137.635 (Determinate sentences required for certain felony convictions), 137.690 (Major felony sex crime), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 164.061 (Sentence for aggravated theft in the first degree when victim 65 years of age or older), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors), 475.925 (Sentences for certain controlled substance offenses), 475.930 (Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925) or 813.011 (Felony driving under the influence of intoxicants) or under a provision of law that prohibits release on any form of temporary leave from custody. [1989 c.790 §63; 2013 c.649 §§13,15; 2017 c.673 §4; 2019 c.213 §74]


Last accessed
Jun. 26, 2021