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2013 Oregon Revised Statutes
Volume : 10 - Highways, Military, Juvenile Code, Human Services
Chapter 421 - Department of Corrections Institutions; Compacts
Section 421.168 - Transitional leave; rules.

Universal Citation:
OR Rev Stat ยง 421.168 (2013)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(1) The Department of Corrections shall establish a short-term transitional leave program. The program shall provide inmates with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the inmate's discharge to post-prison supervision.

(2) The Department of Corrections shall identify each inmate who is eligible for the short-term transitional leave program and shall, in conjunction with the supervisory authority for the county to which the inmate will be released, assist each eligible inmate in preparing a transition plan and in identifying and applying for an employment, educational or other transitional opportunity in the community.

(3) If the inmate's transition plan is approved by the department and is an essential part of the inmate's successful reintegration into the community, the department may grant a transitional leave no more than 90 days prior to the inmate's discharge date.

(4) An inmate is not eligible for transitional leave before having served six months of prison incarceration.

(5) The department shall adopt rules to carry out the provisions of this section. The rules must include a set of release conditions for inmates released on transitional leave status. An inmate on transitional leave status is subject to immediate return to prison for any violation of the conditions of release.

(6) The provisions of this section do not apply to inmates whose sentences were imposed under ORS 137.635, 137.700 or 137.707 or any other provision of law that prohibits release on any form of temporary leave from custody. [1989 c.790 §63; 2013 c.649 §13]

Note 1: The amendments to ORS 421.168 by section 13, chapter 649, Oregon Laws 2013, apply to sentences imposed on or after August 1, 2013, but do not apply to certain persons originally sentenced before August 1, 2013, and who are resentenced on or after August 1, 2013. See section 14, chapter 649, Oregon Laws 2013. The text that applies to sentences imposed before August 1, 2013, and to certain persons resentenced on or after August 1, 2013, is set forth for the user's convenience.
(1) The Director of the Department of Corrections shall establish by rule a short-term transitional leave program. The program shall provide inmates with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the inmate's discharge to post-prison supervision.

(2) An inmate may submit a transition plan to the Department of Corrections. The plan shall indicate that the inmate has secured an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 30 days is an essential part of the offender's successful reintegration into the community.

(3) Upon verification of the inmate's transition plan, the department may grant a transitional leave no more than 30 days prior to the inmate's discharge date.

(4) No inmate shall be eligible for transitional leave before having served six months of prison incarceration.

(5) The department shall establish by rule a set of release conditions for offenders released on transitional leave status. An offender on transitional leave status shall be subject to immediate return to prison for any violation of the conditions of release.

(6) The provisions of this section do not apply to inmates whose sentences were imposed under ORS 137.635.

Note 2: The amendments to 421.168 by section 15, chapter 649, Oregon Laws 2013, become operative July 1, 2023, and apply to crimes committed on or after July 1, 2023. See section 16, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, including amendments by section 13, chapter 649, Oregon Laws 2013, is set forth for the user's convenience. (1) The Department of Corrections shall establish a short-term transitional leave program. The program shall provide inmates with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the inmate's discharge to post-prison supervision.

(2) The Department of Corrections shall identify each inmate who is eligible for the short-term transitional leave program and shall, in conjunction with the supervisory authority for the county to which the inmate will be released, assist each eligible inmate in preparing a transition plan and in identifying and applying for an employment, educational or other transitional opportunity in the community.

(3) If the inmate's transition plan is approved by the department and is an essential part of the inmate's successful reintegration into the community, the department may grant a transitional leave no more than 30 days prior to the inmate's discharge date.

(4) An inmate is not eligible for transitional leave before having served six months of prison incarceration.

(5) The department shall adopt rules to carry out the provisions of this section. The rules must include a set of release conditions for inmates released on transitional leave status. An inmate on transitional leave status is subject to immediate return to prison for any violation of the conditions of release.

(6) The provisions of this section do not apply to inmates whose sentences were imposed under ORS 137.635, 137.700 or 137.707 or any other provision of law that prohibits release on any form of temporary leave from custody.

Note 3: Section 14, chapter 649, Oregon Laws 2013, provides:

Sec. 14. (1) The amendments to ORS 421.168 by section 13 of this 2013 Act apply to sentences imposed on or after August 1, 2013.

(2) Notwithstanding subsection (1) of this section, the amendments to ORS 421.168 by section 13 of this 2013 Act do not apply to persons who were originally sentenced before August 1, 2013, and who are subsequently resentenced on or after August 1, 2013, as the result of an appellate decision or a post-conviction proceeding or for any other reason. [2013 c.649 §14]

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