Sanctions for violations of conditions of post-prison supervision
- • rules
(1) The State Board of Parole and Post-Prison Supervision and the Department of Corrections, in consultation with local supervisory authorities, shall jointly adopt rules under this section to establish sanctions and procedures to impose sanctions for a violation of the conditions of post-prison supervision for a person serving a term of post-prison supervision subject to subsections (2) and (3) of this section.
(2) The rules adopted under subsection (1) of this section apply only to a person serving a term of post-prison supervision for a felony committed on or after July 14, 1997.
(3) In addition to the limitation under subsection (2) of this section, the rules adopted under subsection (1) of this section apply only to a person serving a term of post-prison supervision:
(a) That follows the completion of a sentence to a term of imprisonment that exceeds 12 months;
(b) That is imposed for a felony that is classified as crime category 8, 9, 10 or 11 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;
(c) That is imposed as part of a sentence under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders);
(d) That is imposed as part of a sentence as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines); or
(e) That is subject to ORS 144.103 (Term of active post-prison supervision for person convicted of certain offenses).
(4) The board shall adopt rules under subsection (1) of this section that include, but need not be limited to, a sanction under ORS 144.108 (Recommitment to prison for certain violations) of imprisonment in a correctional facility for a period that may exceed 12 months. The rules adopted by the board may not allow the imposition of more than 24 months of imprisonment as a sanction without a subsequent hearing to determine whether additional imprisonment is appropriate. A subsequent hearing must follow the same procedures as those used in an initial hearing under ORS 144.108 (Recommitment to prison for certain violations).
(5) The rules adopted under subsection (1) of this section must provide that the total time served in Department of Corrections institutions by an offender who is sanctioned under the rules, including the time served on the initial sentence and all periods of incarceration served as sanctions in Department of Corrections institutions, may not exceed the greater of:
(a) The length of incarceration plus the length of post-prison supervision imposed by the court unless the offender was sentenced under ORS 137.765 (Sexually violent dangerous offenders);
(b) A maximum term of imprisonment imposed by the court; or
(c) If the offender was sentenced under ORS 137.765 (Sexually violent dangerous offenders), the length of the maximum statutory indeterminate sentence for the crime of conviction.
(6) As used in this section, “Department of Corrections institutions” has the same meaning given that term in ORS 421.005 (Definitions). [1997 c.525 §2; 1999 c.163 §6; 2006 c.1 §6]
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