Chapter 121 Oregon Laws 1999
Session Law
AN ACT
HB 2219
Relating to probation;
creating new provisions; and amending ORS 137.595.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 137.595 is amended to read:
137.595. (1) The Department of Corrections shall adopt rules to
carry out the purposes of chapter 680, Oregon Laws 1993, by establishing a
system of structured, intermediate probation violation sanctions that may be
imposed by the Department of Corrections or a county community corrections
agency, taking into consideration the severity of the violation behavior, the
prior violation history, the severity of the underlying criminal conviction,
the criminal history of the offender, protection of the community, deterrence,
the effective capacity of the state prisons and the availability of appropriate
local sanctions including, but not limited to, jail, community service work,
house arrest, electronic surveillance, restitution centers, work release
centers, day reporting centers or other local sanctions.
(2) Rules adopted by the Department of Corrections under this
section shall establish:
(a) A system of structured, intermediate probation violation
sanctions that may be imposed by the Department of Corrections or a county
community corrections agency on a probationer who waives in writing a probation
violation hearing, admits or affirmatively chooses not to contest the
violations alleged in a probation violation report and consents to the
sanctions;
(b) Procedures to provide a probationer with written notice of
the probationer's right to a hearing before the court to determine whether the
probationer violated the conditions of probation alleged in a probation
violation report, and if so, whether to continue the probationer on probation
subject to the same or modified conditions, or order sanctions for any
violations and the right to be represented by counsel at the hearing if the
probationer is indigent;
(c) Procedures for a probationer to waive in writing a
probation violation hearing, admit or not contest the violations alleged in the
probation violation report and consent to the imposition of structured,
intermediate sanctions by the Department of Corrections or a county community
corrections agency;
(d) The level and type of sanctions that may be imposed by
probation officers and by supervisory personnel;
(e) The level and type of violation behavior warranting a
recommendation to the court that probation be revoked;
(f) Procedures for notifying district attorneys and the courts
of probation violations admitted by probationers and the sanctions imposed by
the Department of Corrections or county community corrections agencies; and
(g) Such other policies or procedures as are necessary to carry
out the purposes of chapter 680, Oregon Laws 1993.
(3) Jail confinement imposed as a custodial sanction by the
Department of Corrections or a county community corrections agency pursuant to
rules adopted under this section shall not exceed [30] 60 days per
violation report. The total number of days of jail confinement for all
violation reports per conviction shall not exceed the maximum number of
available jail custody units under rules adopted by the Oregon Criminal Justice
Commission.
(4) Nonjail confinement imposed as a custodial sanction by the
Department of Corrections or a county community corrections agency pursuant to
rules adopted under this section shall not exceed the maximum number of
available nonjail custody units under rules adopted by the Oregon Criminal
Justice Commission.
SECTION 2. The amendments to ORS 137.595 by section 1
of this 1999 Act apply to probation violations occurring on or after the
effective date of this 1999 Act.
Approved by the Governor
April 23, 1999
Filed in the office of
Secretary of State April 23, 1999
Effective date October 23,
1999
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