(1) The Department of Corrections shall:

Terms Used In Oregon Statutes 423.478

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(a) Operate prisons for offenders sentenced to terms of incarceration for more than 12 months;

(b) Provide central information and data services sufficient to:

(A) Allow tracking of offenders; and

(B) Permit analysis of correlations between sanctions, supervision, services and programs, and future criminal conduct; and

(c) Provide interstate compact administration and jail inspections.

(2) Subject to ORS § 423.483, each county, in partnership with the department, shall assume responsibility for community-based supervision, sanctions and services for offenders convicted of felonies, designated drug-related misdemeanors or designated person misdemeanors who are:

(a) On parole;

(b) On probation;

(c) On post-prison supervision;

(d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration;

(e) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for violation of a condition of parole, probation or post-prison supervision; or

(f) On conditional release under ORS § 420A.206.

(3) Notwithstanding the fact that the court has sentenced a person to a term of incarceration, when an offender is committed to the custody of the supervisory authority of a county under ORS § 137.124 (2) or (4), the supervisory authority may execute the sentence by imposing sanctions other than incarceration if deemed appropriate by the supervisory authority. If the supervisory authority releases a person from custody under this subsection and the person is required to report as a sex offender under ORS § 163A.010, the supervisory authority, as a condition of release, shall order the person to report to the Department of State Police, a city police department or a county sheriff’s office or to the supervising agency, if any:

(a) When the person is released;

(b) Within 10 days of a change of residence;

(c) Once each year within 10 days of the person’s birth date;

(d) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(e) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(4) As used in this section:

(a) ‘Attends,’ ‘institution of higher education,’ ‘works’ and ‘carries on a vocation’ have the meanings given those terms in ORS § 163A.005.

(b) ‘Designated drug-related misdemeanor’ means:

(A) Unlawful possession of fentanyl under ORS § 475.752 (8)(a);

(B) Unlawful possession of methadone under ORS § 475.824 (2)(b);

(C) Unlawful possession of oxycodone under ORS § 475.834 (2)(b);

(D) Unlawful possession of heroin under ORS § 475.854 (2)(b);

(E) Unlawful possession of 3,4-methylenedioxymethamphetamine under ORS § 475.874 (2)(b);

(F) Unlawful possession of cocaine under ORS § 475.884 (2)(b); or

(G) Unlawful possession of methamphetamine under ORS § 475.894 (2)(b).

(c) ‘Designated person misdemeanor’ means:

(A) Assault in the fourth degree constituting domestic violence if the judgment document is as described in ORS § 163.160 (4);

(B) Menacing constituting domestic violence if the judgment document is as described in ORS § 163.190 (3); or

(C) Sexual abuse in the third degree under ORS § 163.415. [1995 c.423 § 9; 1997 c.313 § 33; 1997 c.433 § 9; 1999 c.156 § 1; 1999 c.626 § 21; amendments by 1999 c.626 § 44 repealed by 2001 c.884 § 1; 2005 c.567 § 12; 2009 c.204 § 9; 2009 c.713 § 16; 2017 c.706 § 17; 2021 c.2 § 20; 2021 c.591 44,44a; 2023 c.413 § 3]