(2)(b), the board or supervisory authority may include as a special

163.750 (2)(b), the board or supervisory authority may include as a special condition of the person�s post-prison supervision reasonable residency restrictions.

����� (B) If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to a location that causes the person to be in violation of the special condition of post-prison supervision, the board or supervisory authority may not require the person to change the person�s residence in order to comply with the special condition of post-prison supervision.

����� (5)(a) The board or supervisory authority may require the person to pay, as a condition of post-prison supervision, compensatory fines, restitution or attorney fees:

����� (A) As determined, imposed or required by the sentencing court; or

����� (B) When previously required as a condition of any type of supervision that is later revoked.

����� (b) The board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person:

����� (A) Was ordered to pay restitution as a result of another conviction; and

����� (B) Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered.

����� (6) A person�s failure to apply for or accept employment at a workplace where there is a labor dispute in progress does not constitute a violation of the conditions of post-prison supervision.

����� (7)(a) When a person is released from imprisonment on post-prison supervision, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county that last supervised the person, if the person was on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment.

����� (b) If the person was not on active supervision as an adult for a felony at the time of the offense that resulted in the imprisonment, the board shall order as a condition of post-prison supervision that the person reside for the first six months after release in the county where the person resided at the time of the offense that resulted in the imprisonment.

����� (c) For purposes of paragraph (b) of this subsection:

����� (A) The board shall determine the county where the person resided at the time of the offense by examining records such as:

����� (i) An Oregon driver license, regardless of its validity;

����� (ii) Records maintained by the Department of Revenue;

����� (iii) Records maintained by the Department of State Police;

����� (iv) Records maintained by the Department of Human Services;

����� (v) Records maintained by the Department of Corrections; and

����� (vi) Records maintained by the Oregon Health Authority.

����� (B) If the person did not have an identifiable address at the time of the offense, or the address cannot be determined, the person is considered to have resided in the county where the offense occurred.

����� (C) If the person is serving multiple sentences, the county of residence is determined according to the date of the last arrest resulting in a conviction.

����� (D) In determining the person�s county of residence, the board may not consider offenses committed by the person while the person was incarcerated in a Department of Corrections facility.

����� (d) Upon motion of the board, the supervisory authority, the person, a victim or a district attorney, the board may waive the residency condition under paragraph (b) of this subsection only after making a finding that one of the following conditions has been met:

����� (A) The person provides proof of employment with no set ending date in a county other than the county of residence determined under paragraph (c) of this section;

����� (B) The person is found to pose a significant danger to a victim of the person�s crime residing in the county of residence, or a victim or victim�s family residing in the county of residence is found to pose a significant danger to the person;

����� (C) The person has a spouse or biological or adoptive family residing in a county other than the county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the post-prison supervision;

����� (D) As another condition of post-prison supervision, the person is required to participate in a treatment program that is not available in the county of residence;

����� (E) The person requests release to another state; or

����� (F) The board finds other good cause for the waiver.

����� (e) The board shall consider eligibility for transitional housing programs and residential treatment programs when determining whether to waive the residency condition under paragraph (b) of this subsection, and the acceptance of the person into a transitional housing program or a residential treatment program constitutes good cause as described in paragraph (d)(F) of this subsection.

����� (8) As used in this section:

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

����� (b)(A) �Dwelling� has the meaning given that term in ORS 469B.100.

����� (B) �Dwelling� does not mean a residential treatment facility or a halfway house.

����� (c) �Halfway house� means a residential facility that provides rehabilitative care and treatment for sex offenders.

����� (d) �Labor dispute� has the meaning given that term in ORS 662.010. [1989 c.790 �32a; 1991 c.597 �1; 1995 c.423 �23; 1997 c.525 �8; 1997 c.526 �1; 1999 c.474 �1; 1999 c.626 �12; amendments by 1999 c.626 �35 repealed by 2001 c.884 �1; 2001 c.731 ��1,2; 2005 c.532 �1; 2005 c.567 �9; 2005 c.576 �2; 2005 c.642 �2a; 2007 c.71 �37; 2009 c.204 �6; 2009 c.595 �99; 2009 c.713 �12; 2011 c.258 �1; 2011 c.547 �30; 2017 c.438 �3; 2017 c.670 �4; 2017 c.689 �2; 2021 c.653 �6; 2022 c.78 �11]

����� Note: See note under 144.096.

����� 144.103 Term of active post-prison supervision for person convicted of certain offenses. (1) Except as otherwise provided in ORS 137.765 and subsection (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.365,