Oregon Revised Statutes

Or. Rev. Stat. § 421.168 (2026)

Transitional leave; rules

✓ current as of May 2026

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421.168 Transitional leave; rules. (1) The Department of Corrections shall establish a short-term transitional leave program. The program shall provide adults in custody with an opportunity to secure appropriate transitional support when necessary for successful reintegration into the community prior to the adult’s discharge to post-prison supervision.

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

(3) If the transition plan for the adult in custody is approved by the department and is an essential part of successful reintegration into the community, the department may grant a transitional leave no more than 120 days before the discharge date of the adult in custody.

(4) An adult in custody 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 adults in custody released on transitional leave status. An adult in custody 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 adults in custody whose sentences were imposed under ORS 137.635, 137.690, 137.700, 137.707, 164.061, 475.907, 475.925, 475.930 or 813.011 or under a provision of law that prohibits release on any form of temporary leave from custody. [1989 c.790 §63; 2013 c.649 §§13,15; 2017 c.673 §4; 2019 c.213 §74]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1998–2024 · leading case: State v. Clark, 134 P.3d 1074 (Or. Ct. App. 2006).

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State v. Clark, 134 P.3d 1074 (Or. Ct. App. 2006). · cites it 2× “ORS 421.168. In each of the cited examples, the maximum penalty to which the offender is exposed by virtue of the jury’s verdict is a sentence without modification or reduction.”

Houston v. Brown, 190 P.3d 427 (Or. Ct. App. 2008). · cites it 2× “121; "(b) Transitional leave as defined in ORS 421.168; or "(c) Temporary leave as defined in ORS 421.”

Rund v. Bd. of Parole & Post-Prison Supervision, 953 P.2d 766 (Or. Ct. App. 1998). “121; “(b) Transitional leave as defined in ORS 421.168; or “(c) Temporary leave as defined in ORS 421.”

Venables v. Brown, 331 Or. App. 768 (Or. Ct. App. 2024). “ORS 421.168(1), (4); OAR 291-063-0100; OAR 291-063-0120.”

— Or. Rev. Stat. § 421.168(1) — 1 case

Venables v. Brown, 331 Or. App. 768 (Or. Ct. App. 2024). “ORS 421.168(1), (4); OAR 291-063-0100; OAR 291-063-0120.”

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