Interstate Compact

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_180.html
Published: 2015

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

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 180
INTERSTATE COMPACT

291-180-0106
Authority, Purpose, Policy, and Applicability
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 144.600, 179.040, 423.020, 423.030, and 423.075.
(2) Purpose: These rules establish Oregon's participation in the Interstate Compact for Adult Offender Supervision (ICAOS) and the processing and management of offenders transferring into or out of Oregon under the provisions of this compact. They provide guidance to county community corrections agencies and Department of Corrections institutions regarding the transfer and management of offenders sent or received from other states under this compact.
(3) Policy: It is the policy of the Department of Corrections to fully participate in the Interstate Compact for Adult Offender Supervision in accordance with ORS 144.600 and comply with rules lawfully promulgated by the National Interstate Commission within the inherent limitations of resources.
(4) Applicability: These rules apply to all offenders relocating to other states, applying for or receiving interstate compact services under the Interstate Compact for Adult Offender Supervision.
Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05
291-180-0252
Standards for Interstate
Transfer of Adult Offenders
(1) The Department of Corrections
adopts by this reference standards for the interstate transfer of adult offender
supervision set out in the official ICAOS rules, published by the Interstate Commission
for Adult Offender Supervision, as updated to reflect amendments to the rules effective
March 1, 2011. The rules may be viewed at the ICAOS website at www.interstatecompact.org.
(2) This rule applies retroactively
to all offenders relocating to other states, applying for or receiving interstate
compact services under the Interstate Compact for Adult Offender Supervision, on
or after August 31, 2011.
Stat. Auth.: ORS 144.600, 179.040,
423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600,
179.040, 423.020, 423.030 & 423.075

Hist.: DOC 25-2011, f. 12-5-11
cert. ef. 12-7-11
291-180-0262
Travel Permits
(1) No offenders shall relocate
to another state except as provided by the ICAOS rules. Travel Permits may be issued
for up to 30 days, with a subsequent extension of 15 days in emergency situations.
Offenders shall be transferred pursuant to ICAOS rules if their need exceeds 45
consecutive days in another state. The offender shall return and remain in Oregon
pending the Interstate Compact transfer process. No person shall be allowed to travel
out of state for treatment or programming purposes that exceeds 45 consecutive days
unless they have been accepted through the Interstate Compact transfer process.
(2) This rule applies retroactively
to all offenders relocating to other states, applying for or receiving interstate
compact services under the Interstate Compact for Adult Offender Supervision, on
or after August 31, 2011.
Stat. Auth.: ORS 144.600, 179.040,
423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600,
179.040, 423.020, 423.030 & 423.075

Hist.: DOC 25-2011, f. 12-5-11
cert. ef. 12-7-11
291-180-0265
Fugitives from Justice
Transfer investigations shall not be requested or accepted on offenders with outstanding warrants who are non-residents of the receiving state. Fugitive status is inconsistent with a proper "valid plan of supervision" and compliance with conditions of supervision. Exceptions may be granted by the Compact Administrator or their designee.
Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05
291-180-0274
Application Fee for Interstate Compact Transfers
(1) Payment of NonRefundable Application Fee Required:
(a) Offenders on probation, parole, or post-prison supervision who request transfer of their supervision to another state under the compact must submit a nonrefundable application fee of $50 to the supervisory authority. The fee must be received by the supervisory authority before the Department of Corrections will process the offender’s transfer request.
(b) Payment of an additional application fee will not be required of offenders for processing revised or subsequent requests for transfer of their supervision to the same state. However, offenders who request transfer of their supervision to the same state after being returned to Oregon from the receiving state from a previous compact transfer, and offenders that make a subsequent request for transfer of their supervision to a different state must pay a new application fee.
(2) The supervisory authority shall collect the application fee and forward it to the Governor’s Office for deposit in the Arrest and Return Account as defined in ORS 133.865.
(a) The fee shall be paid and collected in the form of a bank money order or cashier’s check made payable and mailed to “State of Oregon, c/o Director of Extradition Services, Governor’s Office, Room 160 State Capitol Building, Salem, OR 97310”
(b) The payment should be identified as an Interstate Compact Application fee and include the offender’s name and SID number.
(3) The application fee is not subject to waiver; however, upon the recommendation of the supervisory authority, the Department of Corrections may reduce the amount of the fee by up to 50%. In determining if a fee reduction is warranted, the supervisory authority shall consider:
(a) The offender’s financial resources;
(b) The burden the application fee will impose in light of the offender’s overall obligations;
(c) The rehabilitative effect of the application fee and compact transfer; and
(d) The community’s interests in the transfer of the offender.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.030

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.030

Hist.: DOC 1-2010(Temp), f. & cert. ef. 1-4-10 thru 7-3-10; DOC 7-2010, f. & cert. ef. 6-10-10
291-180-0275
Retaken Offenders
(1) An offender who was previously
retaken and returned to this state from another state at cost to the State of Oregon,
whether by formal or informal means, shall not be approved by the Department of
Corrections for an interstate compact supervision transfer under these rules until
such time as the offender repays to the State of Oregon all costs incurred by the
State of Oregon in effecting the offender’s return to this state. Limited
exceptions may be granted by the Compact Administrator or designee based on individual
circumstances.
(2) This rule applies to all
offenders applying for a transfer of their supervision to another state under the
Interstate Compact for Adult Offender Supervision (ICAOS) before, on or after January
1, 2012, whose applications have not been previously approved by the Department
of Corrections.
Stat. Auth.: ORS 144.600, 179.040,
423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600,
179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. &
cert. ef. 2-24-05; DOC 1-2012(Temp), f. & cert. ef. 1-10-12 thru 7-8-12; DOC
6-2012, f. & cert. ef. 5-24-12

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