Eligibility for nonprison leave; rules

(1) The Department of Corrections may consider an offender for nonprison leave under this section if the court has entered the order described in ORS 137.751. (2) Nonprison leave shall provide offenders with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the offenders’ discharge to post-prison supervision. (3) An offender may submit a nonprison leave plan to the Department of Corrections. The plan shall indicate that the offender has secured, or has a plan to secure, an employment, educational or other transitional opportunity in the community to which the offender will be released and that a leave of up to 90 days is an essential part of the offender’s successful reintegration into the community. (4) Upon verification of the offender’s nonprison leave plan, the department may grant nonprison leave no more than 90 days prior to the offender’s date of release on post-prison supervision under ORS 421.508 (4). (5) The department shall establish by rule a set of conditions for offenders released on nonprison leave. An offender on nonprison leave shall be subject to immediate return to prison for any violation of the conditions of nonprison leave. (6) During the period of nonprison leave, the offender must reside in, and be supervised within, the state.