68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

SA to SB 607

LC 2636

                      SENATE AMENDMENTS TO
                         SENATE BILL 607

                    By COMMITTEE ON JUDICIARY

                             May 17

  Delete lines 5 through 14 of the printed bill and insert '
amend OAR 253-05-002 as follows:
  ' 253-05-002 (1) A term of community supervision is part of the
sentence for any offender who is sentenced to prison. This term
of community supervision shall be described as post-prison
supervision. Departures on the duration of post-prison
supervision shall not be allowed.
  ' (2) The duration of post-prison supervision shall be
determined by the crime seriousness category of the most serious
current crime of conviction:
  ' (a) One year for Crime Categories 1-3;
  ' (b) Two years for Crime Categories 4-6; and
  ' (c) Three years for Crime Categories 7-11, except for murder
which shall be as described in OAR 253-05-004.
  ' (3) The term of post-prison supervision shall begin upon
completion of the offender's prison term. For offenders
successfully completing the alternative incarceration program
(boot camp) described in ORS 421.500 et. seq., the term of
post-prison supervision begins upon release pursuant to ORS
421.508 (3).
  ' (4) The term of post-prison supervision, when added to the
prison term, shall not exceed the statutory maximum indeterminate
sentence for the crime of conviction. When the total duration of
any sentence (prison incarceration and post-prison supervision)
exceeds the statutory maximum indeterminate sentence, described
in ORS 161.605 the sentencing judge shall first reduce the
duration of post-prison supervision to the extent necessary to
conform the total sentence length to the statutory maximum.
  ' (5) The durations of post-prison supervision established
under section (2) of this rule do not apply to { + :
  ' (a) + } Dangerous offender departure sentences, which shall
be governed by ORS 144.232 { + ; and
  ' (b) Offenders on supervision for offenses set forth in ORS
144.103 + }.
   { +  ' SECTION 2. + } No later than November 1, 1995, the
State Sentencing Guidelines Board shall amend OAR 253-11-004 as
follows:
  ' 253-11-004 (1) The Department or its designee shall use a
continuum of administrative sanctions for violation of the
conditions of post-prison supervision. The sanction continuum
shall include adjustments to the level of supervision,
modification of or addition to the conditions of community
supervision as approved by the Board, and any other appropriate
available local sanction.
  ' (2) If the Department or its designee finds that local
sanctions are insufficient punishment for any violation of the
conditions of post-prison supervision, it may request the Board
to return the offender to a state correctional facility.
  ' (3) If requested to return an offender to a state
correctional facility, the Board shall hold a hearing to
determine whether prison incarceration is appropriate and may
impose an appropriate term of incarceration up to 90 days for a
technical violation and up to 180 days for conduct constituting a
crime.  Except as provided in OAR 253-05-004 (2), during the full
term of post-prison supervision, for violations of the conditions
of supervision, an offender may not be required to serve more
than:
  ' (a) Six months of incarceration if the term of post-prison
supervision is one year;
  ' (b) Nine months of incarceration if the term of post-prison
supervision is two years;   { - or - }
  ' (c) Twelve months of incarceration if the term of post-prison
supervision is three years or longer { + ; or + }   { - . - }
  '  { +  (d) 60 months of incarceration if the term of
post-prison supervision is provided in ORS 144.103. + }
  ' (4) An offender ordered to serve a term of prison
incarceration as a sanction for a post-prison supervision
violation is not eligible for earned-credit time or transitional
leave.
  ' (5) An offender ordered to serve a term of prison
incarceration as a sanction for a post-prison supervision
violation shall receive credit for time served in a state or
local correctional facility on the supervisory violation prior to
the Board's imposition of a prison term sanction.'.
  In line 15, delete '2' and insert '3'.
  In line 16, delete 'section 1' and insert 'sections 1 and 2'.
  After line 16, insert:
   { +  ' SECTION 4. + }  { + Amendments adopted pursuant to
sections 1 and 2 of this Act apply to offenses committed on or
after November 1, 1995. + } ' .
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