1. (1) The Department of Corrections has established and operates alternative incarceration programs.

   1. (a) Alternative incarceration programs may encompass intensive cognitive programming, intensive addictions treatment, or a combination of the two.
   2. (b) Each alternative incarceration program is a minimum of 270 days in duration and includes two components: a structured institution program and a period of structured nonprison leave.
   3. (c) Each alternative incarceration program requires its participants to engage in a minimum of 14 hours per day of highly structured routine, seven days per week for the duration of the program.
2. (2) AICs are required to participate in and successfully complete transition classes offered as a condition of program graduation. The number and frequency of these classes will be determined by each facility.

3. (3) The department in its discretion may grant nonprison leave to AICs who successfully complete the institution phase of an alternative incarceration program if:

   1. (a) The AIC’s sentencing judgment authorizes a release to post-prison supervision in accordance with ORS 421.508, 137.750, and 137.751; and
   2. (b) The AIC has identified viable self-support options in the community: or
   3. (c) The supervising community corrections agency has approved a temporary subsidy, such as treatment transition funds, that will assist the AIC with successful community transition.
   4. (d) All expenses not otherwise approved by the supervising community corrections agency must be covered by the AIC.
4. (4) For those whose crimes were committed prior to January 1, 2009, transitional leave for alternative incarceration programs was authorized under ORS 421.128. For the purposes of these rules, the operational aspects, processes, and any subsequent violation sanctions are the same as and subject to rules referencing nonprison leave.

Statutory/Other Authority

423.030, and 423.075, 423.020, ORS 179.040 & 421.500 to 421.512

Statutes/Other Implemented

ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & and 423.075

History

DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04