2015 ORS 421.170¹
Enrollment of inmate in work release program

The superintendent of the Department of Corrections institution in which an inmate is confined may recommend to the Director of the Department of Corrections that an inmate of the Department of Corrections institution be enrolled in the work release program established under ORS 144.420 (Department of Corrections to administer work release program). If the inmate has not served at least one-fourth of the maximum term of the sentence, the superintendent must, prior to making a recommendation, consider the original recommendation, if any, of the sentencing court. [1965 c.463 §6; 1969 c.502 §14; 1987 c.320 §176]

Note: Sections 1 and 4, chapter 830, Oregon Laws 2015, provide:

Sec. 1. Family Sentencing Alternative Pilot Program. (1) The Department of Corrections, in partnership with the circuit court and county community corrections agencies of participating counties and the Department of Human Services, shall establish the Family Sentencing Alternative Pilot Program.

(2) A defendant is eligible for the Family Sentencing Alternative Pilot Program if:

(a) The defendant’s presumptive sentence under the sentencing guidelines of the Oregon Criminal Justice Commission is a term of imprisonment in the legal and physical custody of the Department of Corrections of at least one year;

(b) The defendant has not previously been convicted of, and is not currently being sentenced for:

(A) A person felony as defined in the rules of the Oregon Criminal Justice Commission;

(B) A sex crime as defined in ORS 181.805 [renumbered 163A.005 (Definitions for ORS 163A.005 to 163A.235)]; or

(C) An offense requiring a specified sentence under ORS 137.635 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders), 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 813.010 (Driving under the influence of intoxicants); and

(c) The defendant is the parent or legal guardian of a minor child and had physical custody of the child at the time of the offense.

(3) If the defendant meets the eligibility requirements described in subsection (2) of this section and receives a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, the court may order that the defendant sign a release authorizing the Department of Human Services to provide the community corrections agency with written confirmation of, and consultation concerning, any open or current juvenile dependency proceeding or any prior substantiated allegation of abuse or neglect involving the defendant and a minor child.

(4) After receipt of the information described in subsection (3) of this section, the community corrections agency, in consultation with the Department of Human Services, shall determine if the Family Sentencing Alternative Pilot Program is an appropriate program for the defendant and, if the program is appropriate, require participation in the program for the first 12 months of the probationary sentence. In addition to the conditions of probation ordered under ORS 137.540 (Conditions of probation), the defendant may be required to comply with any additional conditions related to the program, including but not limited to:

(a) Geographical restrictions, including house arrest and electronic surveillance;

(b) Participation in vocational training; and

(c) Completion of:

(A) Parenting skills classes;

(B) Drug or alcohol treatment;

(C) Mental health treatment; or

(D) Life skills classes.

(5) The Department of Human Services and community corrections agencies shall cooperate with the Department of Corrections in implementing the Family Sentencing Alternative Pilot Program described in this section.

(6) The Department of Human Services and the Department of Corrections shall jointly submit a report concerning the Family Sentencing Alternative Pilot Program, which must include program outcomes and data related to the efficacy of the program, and which may include recommendations for legislation in the manner provided by ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to the judiciary no later than January 1, 2017. [2015 c.830 §1]

Sec. 4. Section 1 of this 2015 Act is repealed on July 1, 2025. [2015 c.830 §4]


1 Legislative Counsel Committee, CHAPTER 421—Department of Corrections Institutions; Compacts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors421.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.