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Stat. Auth.:ORS179.040, 423.020, 423.030, 423.075, 813.012 & 2011 Ol Ch. 598 Stats. Implemented:ORS179.040, 423.020, 423.030, 423.075, 813.012 & 2011 Ol Ch. 598 Hist.: Doc 17-2011(Temp), F. & Cert. Ef. 9-9-11 Thru 3-7-12; Doc 3-2012, F. & Cert....


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 208
REIMBURSEMENTS TO COUNTIES
291-208-0010
Authority, Purpose, Policy,
and Applicability
(1) Authority: The authority
for these rules is granted to the Director of the Department of Corrections in accordance
with 2011 Or Laws, ch 598, ORS 179.040, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of
these rules is to prescribe the manner in which a county may submit a claim to the
Department of Corrections for reimbursement for the costs of incarcerating persons
sentenced under section 3, chapter 1, Oregon Laws 2011, as authorized in 2011 Or
Laws, ch 598, including the costs of pretrial incarceration.
(3) Policy:
(a) It is the policy of the
Department of Corrections to reimburse counties for the costs of incarcerating persons
sentenced under section 3, chapter 1, Oregon Laws 2011, as authorized in 2011 Or
Laws, ch 598 including the costs of pretrial incarceration, in accordance with these
rules from moneys appropriated to the Department of Corrections for this purpose.
(b) Applicability: Reimbursement
to counties for the costs of incarcerating offenders under these rules is limited
to incarceration costs for offenders who committed the crime of Felony Driving Under
the Influence of Intoxicants on or after December 2, 2010.
Stat. Auth.: ORS 179.040, 423.020,
423.030, 423.075, 813.012 & 2011 OL Ch. 598

Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598

Hist.: DOC 17-2011(Temp), f.
& cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12
291-208-0020
Definitions
(1) Incarceration: For the purposes
of these rules, incarceration means confinement in a local correctional facility.
This does not include confinement in an alternative form of incarceration, including
but not limited to work release, work crew, home detention, or day reporting.
(2) Local Correctional Facility:
For the purposes of these rules, a local correctional facility means a local or
regional jail for the reception and confinement of prisoners that is provided, maintained,
and operated by a county or city and holds persons for more than 36 hours.
(3) Qualifying sentence: For
purposes of these rules a qualifying sentence means any sentence imposed for a conviction
for Felony Driving Under the Influence of Intoxicants committed on or after December
2, 2010.
(4) Offender: For purposes of
this rule, an offender means a person who is sentenced to serve a qualifying sentence.
Stat. Auth.: ORS 179.040, 423.020,
423.030, 423.075, 813.012 & 2011 OL Ch. 598

Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598

Hist.: DOC 17-2011(Temp), f.
& cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12
291-208-0030
Reimbursement Process
(1) A county or group of counties
requesting reimbursement from the Department of Corrections under these rules must
submit an invoice to the Director of the Department of Corrections or designee on
a quarterly basis. The invoice shall be on a form developed by the Department of
Corrections and made available to counties by the department for this purpose on
the department’s website. In order to receive reimbursement invoices must
be received by the Director or designee not later than 45 days after the end of
the billing period for which the county or group of counties is requesting reimbursement,
unless the Director or designee has granted an extension of time for submission/receipt
of the invoice.
(2) In order for a county to
receive reimbursement for the costs of incarcerating an offender under these rules,
the offender must have:
(a) Completed their qualifying
sentence during the quarter for which the invoice is submitted; or,
(b) Been transferred to a state
correctional facility to serve the balance of their qualifying sentence during the
quarter for which the invoice is submitted; or,
(c) Been transferred to another
county’s local correctional facility to continue or complete the term of incarceration;
or
(d) Been released from incarceration
due to a federal court order.
(3) Incarceration for probation
or post-prison supervision sanctions or revocations is not subject to reimbursement
under this rule.
(4) Reimbursement will be made
for each day or portion of each day served in a local correctional facility for
a qualifying sentence.
(5) If an offender serves a
qualifying sentence in multiple counties, each county may submit an invoice for
reimbursement for the numbers of days actually incarcerated in a local correctional
facility in their county.
(6) Invoices may be submitted
by a county or a group of counties.
(7) The invoice and supporting documents
will include at a minimum the following information and documentation:
(a) Offender’s name;
(b) Offender’s State Identification
Number (SID), if assigned;
(c) A certified copy of the
Statement of Imprisonment, which certifies the dates the offender was actually incarcerated
in a local correctional facility, including pre-trial incarceration, for the qualifying
sentence;
(d) A copy of the court’s
judgment order imposing the qualifying sentence; and
(e) The sentence completion
date.
(8) Upon receipt of an invoice
and the supporting documents described in subsection (7) of this section, the Director
or designee will review and approve the invoice and determine the correct amount
of reimbursement. Once the invoice is approved and the correct amount of the reimbursement
is determined, the Director or designee will forward the invoice to the department’s
Accounting unit for payment.
Stat. Auth.: ORS 179.040, 423.020,
423.030, 423.075, 813.012 & 2011 OL Ch. 598

Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598

Hist.: DOC 17-2011(Temp), f.
& cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12
291-208-0040
Rate of Reimbursement
(1) Reimbursement to counties
from the Department of Corrections for the costs of incarcerating an offender under
these rules will be calculated using the rate at which the department provides funds
to counties under ORS 423.530 for persons sentenced to 12 months or less of incarceration.
(2) The rate of reimbursement
shall be established by the Department of Corrections each biennium.
Stat. Auth.: ORS 179.040, 423.020,
423.030, 423.075, 813.012 & 2011 OL Ch. 598

Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598

Hist.: DOC 17-2011(Temp), f.
& cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12
291-208-0050
Limits of Reimbursement
(1) In no case shall reimbursement
to a county for the costs of incarcerating an offender exceed the number of days
of incarceration ordered by the court.
(2) The total amount of funds
paid by the Department of Corrections as reimbursement to counties for incarceration
costs under these rules in a biennium will not exceed the amount of funds appropriated
to the Department of Corrections for this purpose.
(3) Reimbursements made to counties
under these rules are subject to audit by the Department of Corrections.
Stat. Auth.: ORS 179.040, 423.020,
423.030, 423.075, 813.012 & 2011 OL Ch. 598

Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, 813.012 & 2011 OL Ch. 598

Hist.: DOC 17-2011(Temp), f.
& cert. ef. 9-9-11 thru 3-7-12; DOC 3-2012, f. & cert. ef. 1-27-12


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