Public hearing: Bill would classify parole and probation restraint as 'custody' for escape laws and grant DMV photo access

At a public hearing April 22, witnesses urged the Senate Committee on Judiciary to support House Bill 2465A, which would add actual or constructive restraint by a parole or probation officer to the statutory definition of "custody" for Oregon escape crimes and permit parole and probation officers to access Department of Transportation driver's license photos beginning Jan. 1, 2026. The bill also makes technical changes to contraband definitions and declares an emergency, making it effective on passage.

Rachel Strickland, a parole and probation officer with Deschutes County and an instructor at the Oregon Department of Public Safety Standards and Training, described repeated incidents in which people under supervision fled from officers executing arrests and said district attorneys had declined to file escape charges because the current statute's custody definition does not include parole and probation officers. "Offenders are now aware that they can flee from parole and probation without facing any additional charges," Strickland said, and that has led to a "very concerning shift in behavior" and heightened risk to officers.

Jennifer Cameron, an adult parole and probation officer in Linn County, described a case where a parolee with a felony warrant ran and later violently assaulted an officer; she said the district attorney declined to prosecute for escape for the same statutory reason. "The ambiguity of the law and definitions also leads to other questions about potential discrepancies with use of force, search and seizure, and other laws affecting the duties of parole and probation officers and their safety," Cameron said.

Nick Wright, a parole and probation officer with Jackson County and past chair of the Federation of Oregon Parole and Probation Officers, emphasized safety and the bill's second provision allowing access to DMV photos for authorized use. Wright said not being authorized to view DMV photos can hamper efforts to identify protected victims in domestic-violence cases and to verify identities in real time.

Jeremiah Stromberg, assistant director of the Community Corrections Division at the Department of Corrections, told the committee the department supervises more than 22,000 Oregonians on probation, parole, post-prison supervision or leave programs and said 2024 saw increased attempts to escape and more deaths of parole officers nationwide. "Arresting and taking into custody someone under supervision carries the exact same risks to our officers, to the individual under arrest, and to the public at large," Stromberg said; the department asked the committee for support.

Committee questions clarified the bill's scope. Senator Manning asked whether parole and probation officers already have authority to arrest people under supervision; witnesses confirmed officers have that authority but said the statutory definition of custody does not currently include them, which has led to dismissals of escape charges. Committee members also asked whether the bill would broaden criminal exposure for clients who fail to return from approved temporary leaves; witnesses said the bill is narrow and focused on arrests taken in the course of supervision and not intended to expand routine administrative or civil violation responses.

No formal action was taken during the hearing; the committee closed the public hearing and adjourned. The witnesses who testified remained available for follow-up questions.