(1) The Department of Corrections may not suspend or terminate an alternative incarceration program in its entirety for more than five consecutive days unless the department has considered all other alternative actions, including modification of the program or the delivery of the program by correspondence or other remote means, and determined that continuing to deliver the program is not feasible.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) If the department suspends or terminates an alternative incarceration program as described in subsection (1) of this section, the department shall, within 30 days of the action, report to the committees of the Legislative Assembly related to the judiciary information describing:

(a) The alternative actions that were considered by the department, and an explanation of why the alternative actions were not implemented; and

(b) The department’s plan to resume the program as soon as possible.

(3) In addition to the reporting required by subsection (2) of this section, the department shall regularly provide to the committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS § 192.245, data concerning:

(a) How often an alternative incarceration program is interrupted in its entirety, and the length of each interruption; and

(b) How often the department takes any other action concerning an alternative incarceration program that results in the delay of the release dates of all adults in custody participating in the program, and the length of the delay of the release dates. [2021 c.501 § 2]

See note under 421.500.