ORS 423.478
Duties of department and counties
  • authority of county supervisory authority

(1)

The Department of Corrections shall:

(a)

Operate prisons for offenders sentenced to terms of incarceration for more than 12 months;

(b)

Provide central information and data services sufficient to:

(A)

Allow tracking of offenders; and

(B)

Permit analysis of correlations between sanctions, supervision, services and programs, and future criminal conduct; and

(c)

Provide interstate compact administration and jail inspections.

(2)

Subject to ORS 423.483 (Baseline funding), the county, in partnership with the department, shall assume responsibility for community-based supervision, sanctions and services for offenders convicted of felonies or designated drug-related misdemeanors who are:

(a)

On parole;

(b)

On probation;

(c)

On post-prison supervision;

(d)

Sentenced, on or after January 1, 1997, to 12 months or less incarceration;

(e)

Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for violation of a condition of parole, probation or post-prison supervision; or

(f)

On conditional release under ORS 420A.206 (Conditional release).

(3)

Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (2) or (4), the supervisory authority may execute the sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority. If the supervisory authority releases a person from custody under this subsection and the person is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), the supervisory authority, as a condition of release, shall order the person to report to the Department of State Police, a city police department or a county sheriff’s office or to the supervising agency, if any:

(a)

When the person is released;

(b)

Within 10 days of a change of residence;

(c)

Once each year within 10 days of the person’s birth date;

(d)

Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(e)

Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(4)

As used in this section:

(a)

“Attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(b)

“Designated drug-related misdemeanor” means:

(A)

Unlawful possession of a Schedule I controlled substance under ORS 475.752 (Prohibited acts generally) (3)(a);

(B)

Unlawful possession of a Schedule II controlled substance under ORS 475.752 (Prohibited acts generally) (3)(b);

(C)

Unlawful possession of methadone under ORS 475.824 (Unlawful possession of methadone) (2)(a);

(D)

Unlawful possession of oxycodone under ORS 475.834 (Unlawful possession of oxycodone) (2)(a);

(E)

Unlawful possession of heroin under ORS 475.854 (Unlawful possession of heroin) (2)(a);

(F)

Unlawful possession of 3,4-methylenedioxymethamphetamine under ORS 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(a);

(G)

Unlawful possession of cocaine under ORS 475.884 (Unlawful possession of cocaine) (2)(a); or

(H)

Unlawful possession of methamphetamine under ORS 475.894 (Unlawful possession of methamphetamine) (2)(a). [1995 c.423 §9; 1997 c.313 §33; 1997 c.433 §9; 1999 c.156 §1; 1999 c.626 §21; amendments by 1999 c.626 §44 repealed by 2001 c.884 §1; 2005 c.567 §12; 2009 c.204 §9; 2009 c.713 §16; 2017 c.706 §17]
Source
OR Legislature
Last accessed
May. 15, 2020
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