Chapter 120 Oregon Laws 1999
Session Law
AN ACT
HB 2218
Relating to corrections;
amending ORS 144.340 and 144.350.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 144.340 is amended to read:
144.340. (1) The Department of Corrections, in accordance with
the rules and regulations or directions of the State Board of Parole and
Post-Prison Supervision or the Governor, as the case may be, may cause to have
retaken and returned persons to the institution, or to the supervision of the
local supervisory authority, whether
in or out of the state, whenever they have violated the conditions of their
parole or post-prison supervision.
(2)(a) Persons
retaken and returned to this state from outside the state upon order or warrant
of the Department of Corrections, the
State Board of Parole and Post-Prison Supervision or the Governor, for
violation of conditions of [their]
parole or post-prison supervision, shall be detained in a Department of
Corrections facility or a local
correctional facility pending any hearing concerning the alleged violation[,] and ultimate disposition by the State
Board of Parole and Post-Prison Supervision.
(b) Persons retaken and
returned to this state from outside the state upon order or warrant of a local
supervisory authority for violation of conditions of post-prison supervision
may be detained in a local correctional facility pending a hearing concerning
the alleged violation and ultimate disposition by the local supervisory
authority.
(3) Persons retaken and returned to this state from outside the
state under this section are liable for the costs and expenses of retaking and
returning the person upon:
(a) A finding by the State Board of Parole and Post-Prison
Supervision of present or future ability to pay; and
(b) Order of the State Board of Parole and Post-Prison
Supervision.
SECTION 2.
ORS 144.350 is amended to read:
144.350. (1)(a) The
Department of Corrections or other supervisory authority may order the arrest
and detention of any person then under the supervision, custody or control of the department or other supervisory
authority upon being informed and having reasonable grounds to believe that
such person has:
(A) Violated the conditions of
parole, post-prison supervision, probation, conditional pardon or other
conditional release from custody; or
(B) Escaped from the
supervision, custody or control of the department or other supervisory
authority.
(b) Before issuing [such] an order under paragraph (a)(A) of this subsection, the department or other
supervisory authority shall investigate for the purpose of ascertaining whether
the terms of the parole, post-prison supervision, probation, conditional pardon
or other conditional release have been violated.
(2) Notwithstanding subsection (1) of this section, the
department or other supervisory authority may order the arrest and detention of
any person under its supervision or control if it has reasonable grounds to
believe that such person is a danger to self or to others. A hearing shall
follow as promptly as convenient to the parties to determine whether probable
cause exists to continue detention pending a final determination of the case.
(3) As used in this
section, "escape" means the unlawful departure of a person from a
correctional facility, as defined in ORS 162.135, or from the supervision,
custody or control of a corrections officer or other person authorized by the
department or supervisory authority to maintain supervision, custody or control
of the person while the person is outside the correctional facility.
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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