OAR Chapter 291 — Department of Corrections

Division 1 PROCEDURAL RULES

Or. Admin. R. 291-001-0020 Notice of Proposed Rule

Prior to the adoption, amendment, or repeal of any permanent rule, the Department of Corrections shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By electronic mail, or postal mail when requested under ORS 183.335(15), to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule;

(3) By electronic mail, or postal mail when requested under ORS 183.335(8), to persons on the department's mailing list established under ORS 183.335 (8) at least 28 days before the effective date of the rule; and

(4) By electronic mail or postal mail to the following at least 28 days before the effective date of the rule:

(a) Capitol Press Room;

(b) Associated Press (AP);

(d) Oregon Public Employees Union (OPEU);

(e) American Civil Liberties Union (ACLU);

(f) Office of Public Defense Services;

(g) Oregon State Bar Association;

(h) Crime Victims United;

(i) Corrections Ombudsman;

(j) Nine Federally Recognized Tribes of Oregon;

(k) Department of Corrections – Institution Functional Unit Managers or designee; and

(l) Department of Corrections – Institution Library Coordinators or designee.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
DOC 1-2026, amend filed 01/20/2026, effective 02/01/2026
DOC 6-2023, minor correction filed 04/27/2023, effective 04/27/2023
DOC 21-2020, amend filed 11/12/2020, effective 11/12/2020
DOC 4-2007, f. & cert. ef. 7-20-07
DOC 17-2003, f. & cert. ef. 12-12-03
DOC 9-2000, f. & cert. ef. 4-14-00
DOC 18-1999(Temp), f. & cert. ef. 10-28-99 thru 4-25-00
CD 5-1995, f. 2-22-95, cert. ef. 3-1-95
CD 1-1991, f. & cert. ef. 1-9-91
CD 9-1986, f. & ef. 4-18-86
CD 2-1986(Temp), f. & ef. 1-31-86
CD 9-1985, f. & ef. 7-26-85
CD 3-1985(Temp), f. & ef. 4-26-85
CD 34-1980, f. & ef. 11-7-80

Or. Admin. R. 291-001-0023 Requests to Receive Rulemaking Notices

(1) Any person may request to be included in the department's electronic mailing list to receive notices of proposed rulemaking by sending a written request through the department’s website at https://www.oregon.gov/doc/rules-and-policies/Pages/Sign-Up-for-Rulemaking-Updates.aspx.

(2) Any person may request to be included in the department's postal mailing list to receive notices of proposed rulemaking by sending a written request to the Department of Corrections Rules Coordinator via postal mail at 3723 Fairview Industrial Drive SE, Suite 200, Salem, Oregon 97302 or by sending a written request through the department’s website at https://www.oregon.gov/doc/rules-and-policies/Pages/Sign-Up-for-Rulemaking-Updates.aspx. Persons requesting paper copies of the department's notices of proposed rulemaking shall be required to pay fees before materials are mailed. The cost of duplication of rulemaking notices will be assessed as set forth in OAR 291-001-0080.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
DOC 1-2026, adopt filed 01/20/2026, effective 02/01/2026

Or. Admin. R. 291-001-0025 Model Rules of Procedure

Pursuant to ORS 183.341, the Department of Corrections adopts the Attorney General's Model Rules for Rulemaking, OAR Chapter 137, Division 1.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
DOC 21-2020, amend filed 11/12/2020, effective 11/12/2020
DOC 4-2007, f. & cert. ef. 7-20-07
DOC 17-2003, f. & cert. ef. 12-12-03
DOC 9-2000, f. & cert. ef. 4-14-00
DOC 18-1999(Temp), f. & cert. ef. 10-28-99 thru 4-25-00
CD 5-1995, f. 2-22-95, cert. ef. 3-1-95
CD 1-1991, f. & cert. ef. 1-9-91
CD 9-1986, f. & ef. 4-18-86
CD 2-1986(Temp), f. & ef. 1-31-86
CD 9-1985, f. & ef. 7-26-85
CD 3-1985(Temp), f. & ef. 4-26-85
CD 34-1980, f. & ef. 11-7-80

Or. Admin. R. 291-001-0051 Adult in Custody Written Submissions on Proposed Rules

Pursuant to ORS 183.335, the Department of Corrections limits participation by adults in custody in the proposed adoption, amendment, or repeal of any Department of Corrections administrative rule to written submissions.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
DOC 21-2020, amend filed 11/12/2020, effective 11/12/2020
DOC 9-2000, f. & cert. ef. 4-14-00
DOC 18-1999(Temp), f. & cert. ef. 10-28-99 thru 4-25-00

Or. Admin. R. 291-001-0080 Requests for Copies and Fees for Copy Service

(1) A person may request paper copies of the department’s notices of proposed rulemaking, temporary rules, or permanent rules by sending a written request to the Department of Corrections Rules Coordinator via postal mail at 3723 Fairview Industrial Drive SE, Suite 200, Salem, Oregon 97302 or by submitting a written request through the department’s website at https://www.oregon.gov/doc/rules-and-policies/Pages/Request-Paper-Copies.aspx. Persons requesting paper copies of the department's notices of proposed rulemaking, temporary rules, or permanent rules shall be required to pay fees before materials are mailed. The cost of duplication will be assessed as follows:

(a) Each side $.12; and

(b) Postage at current postal rates.

(2) The department's notices of proposed rulemaking, temporary rules, and permanent rules are available for review on the department’s website at https://www.oregon.gov/doc/rules-and-policies/Pages/rules.aspx.

(3) Adults in custody may request paper copies of the department’s notices of proposed rulemaking, temporary rules, or permanent rules in facility law libraries. To obtain paper copies of the department’s notices of proposed rulemaking, temporary rules, or permanent rules, adults in custody must submit a completed withdrawal request form (CD 28).

(4) Adults in custody may request to review notices of proposed rulemaking, temporary rules, or permanent rules by submitting a law library request form.

History

Statutory/Other Authority: ORS 183.335 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
DOC 1-2026, amend filed 01/20/2026, effective 02/01/2026
DOC 1-2024, minor correction filed 02/22/2024, effective 02/22/2024
DOC 21-2020, amend filed 11/12/2020, effective 11/12/2020
DOC 9-2000, f. & cert. ef. 4-14-00
DOC 18-1999(Temp), f. & cert. ef. 10-28-99 thru 4-25-00
CD 5-1995, f. 2-22-95, cert. ef. 3-1-95

Or. Admin. R. 291-001-0110 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials. This rule does not apply to disputes involving the negotiation of labor contracts or matters about which a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this rule affects any confidentiality created by other law.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or,

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)–(l) of section (7) of this rule.

(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and

(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:

(A) Is neither a party to the dispute nor the mediator; and

(B) Is designated by the agency to authorize confidentiality for the mediation; and

(C) Is at the same or higher level in the agency than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the agency, unless the agency head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the Governor's designee.

(7) Exceptions to Confidentiality and Inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements

(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232.

(k) Any mediation communication relating to child abuse that is made to a person required to report abuse under ORS 419B.010 is not confidential to the extent that the person is required to report the communication.

(l) Any mediation communication relating to elder abuse that is made to a person who is required to report abuse under ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication.

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the agency, may not be made confidential.

(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. The mediation confidentiality agreement must also refer to this rule. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.230
DOC 8-2017, f. & cert. ef. 6-8-17
DOC 4-2007, f. & cert. ef. 7-20-07

Or. Admin. R. 291-001-0115 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (8) of this rule.

(5) Mediations Excluded. Sections (6)–(9) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters; or

(d) Mediation in which two or more public bodies and a private entity are parties if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l), (o)–(p) and (r)–(s) of section (8) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (8) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation sign an agreement to mediate specifying the extent to which mediation communications are confidential; and,

(b) If the mediator is the employee of or acting on behalf of a state agency, the mediator or an authorized representative of the agency signs the agreement.

(8) Exceptions to Confidentiality and Inadmissibility.

(b) Any document that, before its use in a mediation, was a public record as defined in ORS 192.410 remains subject to disclosure to the extent provided by ORS 192.410 to 192.505 and may be introduced into evidence in a subsequent proceeding.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation, or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation, or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege, or

(B) Attorney work product prepared in anticipation of litigation or for trial, or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency, or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation, or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the agency director, administrator or board determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 17.095 or state or federal law requires the terms to be confidential.

(p) In any mediation in a case that that has been filed in court or when a public body’s role in a mediation is solely to make mediation available to the parties the mediator may report the disposition of the mediation to that public body or court at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency conducting the mediation or making the mediation available or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232.

(q) An agreement to mediate is not confidential and may be introduced into evidence in a subsequent proceeding.

(r) Any mediation communication relating to child abuse that is made to a person required to report child abuse under ORS 419B.010 is not confidential to the extent that the person is required to report the communication.

(s) Any mediation communication relating to elder abuse that is made to a person who is required to report elder abuse under ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication.

(9) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. The agreement to mediate also must refer to this rule. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
DOC 2-2017, f. & cert. ef. 3-9-17

Division 5 NETWORK INFORMATION SYSTEM ACCESS AND SECURITY

Or. Admin. R. 291-005-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose:

(a) The purpose of these rules is to establish policies, procedures, and guidelines for the security of Department of Corrections information systems. Any information system operated by the Department of Corrections, connected to the department’s network, or information contained in the department’s computer systems shall be protected by the security guidelines established in these rules.

(b) The Department of Corrections intends to operate all information system assets, including multi-user computer systems, terminal devices, workstations, networks, mobile devices, and communications devices, in such a manner as to ensure:

(A) The confidentiality, integrity, and availability of the department’s information, regardless of whether it is stored or processed on the department’s information systems or on other computer systems, including employee-owned personal computers or information systems operated by other agencies and organizations;

(B) The protection of rights to privacy concerning personally identifiable information (PII) about a person which may be stored on Department of Corrections information systems;

(D) Denial of access to Department of Corrections information systems and information contained within for all unauthorized persons; and

(E) Detection of misuse of Department of Corrections information systems, computer equipment, computer networks or information, and the intervention against attempted or actual system intrusions, information tampering, destruction, data exfiltration, or any other forms of misuse.

(3) Policy: It is the policy of the Department of Corrections that computerized information shall be made secure from unauthorized access. Accepted supervision and management practices shall be required of employees to provide adequate security which restricts unauthorized access. Any external organization granted access to Department of Corrections information systems shall be required to follow and enforce the security guidelines of these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD 24-1992, f. 11-24-92, cert. ef. 12-1-92
CD 12-1986, f. & ef. 6-30-86
CD 38-1985, f. & ef. 8-16-85
CD 7-1981, f. & ef. 4-17-81
CD 5-1978, f. 2-15-78, ef. 2-16-78

Or. Admin. R. 291-005-0011 Definitions

(1) Application(s): A system for collecting, saving, processing, and presenting data by means of a computer. The term application is generally used when referring to a component of software that can be executed. The terms application and software application are often used synonymously.

(2) Authorized User: An individual who holds explicit permission to access information or use an information systems resource. An authorized user is distinguished by ownership of an active user account or profile and a fully executed security agreement.

(3) Computing Device: A device that can perform substantial computations, including numerous arithmetic operations and logic operations without human intervention. A computing device can consist of a standalone unit or several interconnected units. It can also be a device that provides a specific set of functions, such as a phone or a personal organizer, or more general functions such as a laptop or desktop computer.

(4) Department of Corrections Information Security Officer (ISO): The ISO manages information security throughout the agency. The ISO is responsible for coordinating program requirements throughout the agency with designated points of contact and project managers. Their duties include:

(a) Developing and maintaining an agency-wide information security program.

(b) Issuing annual information technology (IT) security planning guidance, including security priorities, objectives, and prioritization criteria for new and legacy systems.

(c) Training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities.

(d) Developing and maintaining information security policies, procedures, and control techniques.

(e) Assisting senior agency personnel concerning their IT security-related responsibilities.

(5) External organization: Any non-Department of Corrections department, agency, corporation, or other group of individuals who are not under the authority of the Department of Corrections Director. This includes, but is not limited to, national, state, county, and municipal government agencies and departments, service providers and consultants, product and services vendors, appointed or ad hoc committees, advisory groups, and the public at large.

(6) Functional Unit: Any organizational component within Department of Corrections responsible for the delivery of program services or coordination of program operations.

(7) Functional Unit Manager (FUM): Any person within Department of Corrections who reports to either the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations.

(8) Information System: A discrete or interconnected set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. A system normally includes hardware, software, information, data, applications, and communications.

(9) Mobile Device: A portable computing device that has a small form factor such that it can easily be carried by a single individual, is designed to operate without a physical connection, possesses local, non-removable or removable data storage, and includes a self-contained power source. Mobile devices may also include voice communication capabilities, on-board sensors that allow the devices to capture information, or built-in features that synchronize local data with remote locations.

(10) Multi-Factor Authentication (MFA): An authentication system that requires more than one distinct authentication factor for successful authentication. Multi-factor authentication can be performed using a multi-factor authenticator or by a combination of authenticators that provide different factors. These factors include something you know, something you have, and something you are.

(11) Oregon Corrections Enterprises (OCE): A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Department of Corrections Director. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(12) Personally-Owned Devices: Any technology device that was purchased by an individual and was not issued by the agency.

(13) Privileged Account: An account provided to a privileged user for performing administrative or security-relevant functions.

(14) Privileged User: A user that is authorized, and therefore trusted, to perform security-relevant functions that ordinary users are not authorized to perform.

(15) Remote Access: Access to an organizational information system by a user or an information system communicating through an external, non-organization-controlled network (e.g., the Internet).

(16) Stand-alone Computer Equipment: Computer equipment not connected to any network.

(17) Telework or Telecommuting: The ability of staff to conduct work from locations other than regularly assigned agency facilities.

(18) Terminals: Input and output devices that are used for data entry and display of entered or processed information. A terminal consists of a display screen and some form of input device, usually a keyboard or scanner.

(19) User Account or Profile: A data record associated with each authorized user of a computer system or network. This record specifies the user’s real name, username, encrypted password, identification numbers or codes, and other operating parameters (such as limitations on the use of system resources, access permissions, etc.). This record is created and maintained for each user by the Department of Corrections Profile Administration Team. The record is used by the computer or network operating system software to permit or deny use of or access to system resources or information assets for a given user.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 11-2000, f. & cert. ef. 6-19-00
DOC 23-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD 24-1992, f. 11-24-92, cert. ef. 12-1-92
CD 7-1981, f. & cert. ef. 4-17-81

Or. Admin. R. 291-005-0015 General

(1) These rules cover the following assets of the department:

(a) Any and all information regarding or related to the department’s business and mission, where that information is stored as data contained in or on any information system or is produced for display and review by that system.

(A) Data may be recorded on different media, such as magnetic drives (hard disk drive (HDD) or floppy), optical disks (compact disk (CD) or digital versatile disk (DVD), semiconductor drives (solid state drives (SSD) or flash), and a variety of printed output, etc.

(B) This data may be stored, processed, accessed, or displayed on any number of computer systems including, but not limited to, those owned and operated by the department, contractors, or consultants. Personally-owned devices are not authorized to store or process agency data.

(b) The information systems equipment, including the computer hardware and software, peripheral devices, network components, data communications devices, terminals, stand-alone computers, and printers which are owned, leased, managed, or operated by the department to collect, store, process, maintain, disseminate, dispose of, or display information.

(2) These rules enable the agency to mitigate the potential loss of data from misuse of user accounts. Further prevention, mitigation, and remediation efforts are explained in agency policies and procedures as well as the State of Oregon Security Plan and State of Oregon Information and Cyber Security Standards.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD 24-1992, f. 11-24-92, cert. ef. 12-1-92
CD 12-1986, f. & ef. 6-30-86
CD 38-1985, f. & ef. 8-16-85
CD 7-1981, f. & ef. 4-17-81

Or. Admin. R. 291-005-0025 Access Authorization

(1) Only authorized users shall be allowed access to Department of Corrections information systems.

(2) Authorized users shall be granted access to Department of Corrections information systems on a need-to-use basis. Such access will be controlled by a password. MFA will be required in some instances to access agency information systems.

(3) Requests for user access and termination of user access shall be accepted by the Department of Corrections ISO or designee from functional unit managers or their designees only. These personnel shall handle all requests for access and termination for their functional unit. Letters of agreement with external organizations for access to Department of Corrections information systems shall clearly indicate the process and authority for user access authorization. Users from external organizations must comply with this rule.

(4) No person presently or previously under the custody, control, or supervision of Department of Corrections or its agents shall be granted access to any computers or systems which contain data or are connected to any Department of Corrections information system unless the request for access has been recommended by the functional unit manager to the ISO for review and initial approval. Final approval for such access will be determined by the Assistant Director of Administrative Services.

(5) Functional unit managers or their designees shall identify their staff who have a need to use Department of Corrections information systems and shall be responsible for the following process for authorization:

(a) Functional unit managers or their designees are responsible to ensure that criminal history checks and Criminal Justice Information Systems (CJIS) clearance checks have been done on all persons for whom they request authorization to access Department of Corrections information systems. This includes contractors, volunteers, temporary staff, regular employees, and OCE employees.

(b) Security Agreement:

(A) All persons requesting access to Department of Corrections information systems must sign a security agreement which indicates that they understand they are responsible to protect agency assets, including computers and information, in accordance with the department’s rules on release of public information; files, records, and detainers; and network and information system access and security.

(B) Security agreements are to be maintained within each staff member’s employee file.

(A) The user’s functional unit manager or designee shall complete an authorization form requesting access to any Department of Corrections network, application, folder, or asset including modification of such access.

(B) A separate request form shall be completed if the user is requesting approved telework access.

(C) Authorization forms shall be signed by the functional unit manager or designee for the functional unit or external organization and shall be forwarded to the Department of Corrections ISO or designee who shall generate a user account allowing the access requested. The Department of Corrections ISO or designee shall notify the user when the profile is activated and access is authorized.

(d) Training: The user shall be required to complete information security training within 30 days of account creation. Notification of completion of training shall be forwarded to the Department of Corrections ISO or designee. Account access will be disabled if the required training module(s) are not completed within the allotted 30 days.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 11-2000, f. & cert. ef. 6-19-00
DOC 23-1999(Temp), f. & cert ef. 12-22-99 thru 6-19-00
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD 24-1992, f. 11-24-92, cert. ef. 12-1-92
CD 12-1986, f. & cert. ef. 6-30-86
CD 38-1985, f. & cert. ef. 8-16-85
CD 7-1981, f. & cert. ef. 4-17-81

Or. Admin. R. 291-005-0035 Termination of Access

(1) Notice of termination of employment with the agency shall result in retirement of the individual’s user account(s). Prompt notice of termination shall be sent to the Department of Corrections ISO or designee by the Employee Services manager or designee who handles user authorization. This procedure also applies to users from external organizations, Oregon Corrections Enterprises, contractors, and volunteers.

(2) Functional unit managers or their designees shall review a list of user accounts from their respective units annually to ensure accounts are legitimate. Information Technology Services (ITS) shall provide the list.

(3) Managers of external users shall review a list of users annually and confirm those needing continued access. ITS shall provide the list.

(4) Newly created user profiles that are not used within 45 days will be removed.

(5) User profiles for deceased employees shall be immediately disabled upon notification. Notification is provided to manager and site contact. If no response is received from the manager or site contact within 14 days, the profile will be deleted.

(6) Users and managers of existing profiles that are inactive for a period of 45 days will be sent notification by the Department of Corrections ISO or designee to confirm continued need for access. If there is no response within 10 business days, the profile will be disabled. Disabled accounts will be deleted 30 days after disablement, unless otherwise noted on the account.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 11-2000, f. & cert. ef. 6-19-00
DOC 23-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD 24-1992, f. 11-24-92, cert. ef. 12-1-92
CD 12-1986, f. & cert. ef. 6-30-86
CD 38-1985, f. & cert. ef. 8-16-85
CD 7-1981, f. & cert. ef. 4-17-81

Or. Admin. R. 291-005-0045 Remote Access

(1) Authorized persons may be granted access to Department of Corrections information systems by means of remote connection on a need-to-use basis. Such access shall be via the same user identification and password issued for local access.

(2) Remote access is permitted by means of user identification and password only. The use of open user accounts and automatic sign-on are not permitted.

(3) ITS standards and guidelines require additional security controls, such as MFA, virtual private network (VPN), geolocation verification, or other forms of secure connection to be used whenever telecommuting is authorized.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD-24-1992, f. 11-24-92, cert. ef. 12-1-92

Or. Admin. R. 291-005-0055 User Password Management and Responsibilities

(1) Authorized users shall comply with the following rules to create and manage their passwords:

(a) All user accounts shall be protected by use of a password. This password shall be generated by and known only to the individual user.

(b) The Department of Corrections ISO shall determine password characteristics.

(2) Password Duration: All user passwords shall be subject to automatic retirement at a maximum set time period in the standards and guidelines. Authorized users may change passwords as often as they wish during this period and are encouraged to do so.

(3) Password Violation: Violation of these rules is a disciplinary matter with consequences up to and including dismissal.

(4) A user account shall be automatically disabled when there have been more than five consecutive invalid logon attempts by a user during a 120-minute time period.

(5) The Department of Corrections ISO or designee may re-enable a disabled password.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD-24-1992, f. 11-24-92, cert. ef. 12-1-92

Or. Admin. R. 291-005-0065 Information Technology Services (ITS) Responsibilities for User Identification

To implement user accountability, the following rules shall be strictly enforced by ITS:

(1) Separation of Duties:

(a) Separate personnel duties to minimize the potential for abuse of authorized privileges and risk of malevolent activity without collusion. Developers must not have unmonitored access to production environments;

(b) Document separation of duties, including roles and permissions; and

(2) Employ the principle of least privilege allowing only authorized access for users, or processes acting on behalf of users, which are necessary to accomplish assigned tasks in accordance with organizational missions and business functions.

(a) Authorize Access to Security Functions:

(A) Explicitly authorize access to administrative privileges, including security functions and security relevant information; and

(B) Establish procedures to maintain documentation of privileged access, including any elevated privileges, and privileges that provide administrative access to network devices, operating systems, software application capabilities, or scripting tools.

(b) Use of Non-privileged Access for Non-privileged Functions: Require that users of system accounts or roles, even those with access to privileged or administrative functions, use non-privileged accounts or roles when accessing systems for non-privileged or non-security functions.

(d) Review of User Privileges:

(A) Ensure that privileges assigned to users are reviewed to validate the need for such privileges:

(i) Initially upon hire;

(ii) Any time assigned job duties change;

(iii) Any time there is a change in job position;

(iv) Annually thereafter.

(B) Reassign or remove privileges as necessary, to correctly reflect organizational mission and business needs.

(e) Audit the Execution and Use of Privileged Functions.

(f) Prohibit Non-privileged Users from Executing Privileged Functions: Prevent non-privileged users from executing privileged functions including disabling, circumventing, or altering implemented security safeguards and countermeasures.

(3) Shared or Group Account Credentials: Shared or group account credentials must be changed when members leave the group.

(4) Open user accounts are not allowed. An open user account is a log-on username for which there is no password, or for which the password is publicly known.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD-24-1992, f. 11-24-92, cert. ef. 12-1-92

Or. Admin. R. 291-005-0075 Physical Security Guidelines

(1) Computer equipment shall be protected from unnecessary risk of access, damage, or theft.

(2) Facility access must be controlled using physical access control devices such as keys, locks, combinations, radio-frequency identification (RFID) card readers, etc.

(a) All facilities must have at least one physical security control protecting it from unauthorized access, damage, or interference;

(b) Facilities that process or store information classified at Level 3 (Restricted) or higher must employ multiple layers of physical security controls; and

(c) For areas used to process or store information classified at Level 3 (Restricted) or higher, access logs for controlled entry points must be maintained.

(3) An annual evaluation of physical security for information systems used by staff shall be conducted by the Department of Corrections ISO or their designee. The findings of this evaluation shall be used to enhance the physical security of the agency systems as needed.

(4) Physical security guidelines for information systems shall be developed by ITS and reviewed and approved by the Department of Corrections ISO.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 16-1999, f. 9-24-99, cert. ef. 10-1-99
CD 10-1997, f. & cert. ef. 6-20-97
CD-24-1992, f. 11-24-92, cert. ef. 12-1-92

Division 6 DISCRIMINATION COMPLAINT REVIEW SYSTEM

Or. Admin. R. 291-006-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish department policy and procedures for adults in custody (AICs) to obtain internal review of perceived instances of unfair discriminatory practices or actions by the department based on race, color, national origin, religion, gender, sex, sexual orientation, marital status, age, disability, or familial status.

(3) Policy: Within the inherent limitations of resources and the need to maintain internal security, good order, and discipline in Department of Corrections facilities, the health and safety of adults in custody, employees, contractors, and volunteers, and to promote the rehabilitation of adults in custody, it is the policy of the Department of Corrections:

(a) That all adults in custody are treated fairly, equitably, and that employee actions and decisions be consistent with the rules, policies, and procedures of the department.

(b) To permit and encourage adults in custody to seek resolution of disputes related to perceived instances of discriminatory practices or actions by an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises by using the department’s internal discrimination complaint review system established in these rules.

(c) To promptly and thoroughly review any complaint alleging perceived discrimination and, if appropriate, take measures to resolve the dispute.

(d) No person shall be discriminated against, intimidated, threatened, coerced, or suffer any form of retaliation or reprisals, because the person has opposed unlawful discrimination, filed a complaint, testified, assisted, or participated in any manner, in any proceeding regarding unlawful discrimination or has attempted to do so.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2019, amend filed 10/18/2019, effective 10/18/2019
DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11
CD 19-1997, f. 10-27-97, cert. ef. 11-1-97
CD 12-1995, f. & cert. ef. 7-7-95
CD 40-1986, f. & ef. 10-17-86
CD 22-1986(Temp), f. 7-25-86, ef. 9-1-86

Or. Admin. R. 291-006-0011 Definitions

(1) Active Complaint: A grievance, discrimination complaint, or appeal of either, that is awaiting a response or is within the available timelines for appeal or return for correction.

(2) Adult in Custody (AIC): For the purposes of these rules, a person incarcerated or detained in a correctional facility who is accused of, convicted of, or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.

(3) Adult in Custody Complaint Review Committee (AICCRC): A multi-disciplinary team chaired by the Agency Grievance and Discrimination Complaint Coordinator designated by the Inspector General and made up of institution discrimination complaint coordinators, institution grievance coordinators, and department subject matter experts.

(4) Agency Grievance and Discrimination Complaint Coordinator: An employee designated by the Inspector General to chair the Adult in Custody Complaint Review Committee (AICCRC) and provide statewide program oversight, coordination, and direction to institution grievance and discrimination complaint coordinators and department employees, managers, and administrators relating to the adult in custody grievance and discrimination complaint programs.

(5) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.

(6) Communication Form: An official Department of Corrections form commonly referred to as a "kyte” or “kite." The form is designed for use by adults in custody for communicating with department employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing to the adult in custody, when appropriate.

(7) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under any department-sanctioned assignment to provide services or support to department programs.

(8) Court Name: For the purposes of these rules, the definition of “court name” is defined in OAR 291-100 Admission, Sentence Computation, and Release.

(9) Department of Corrections Employee (Employee): Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.

(10) Disability: Per ORS 659A.104, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such impairment, or being regarded as having such an impairment.

(11) Discrimination Complaint: A written complaint submitted by an adult in custody in accordance with the department’s rules on Discrimination Complaint Review System (OAR 291-006).

(12) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(13) Grievance: A written complaint submitted by an adult in custody in accordance with the department’s rules on Grievance Review System (OAR 291-109).

(14) Institution ADA Coordinator: The department employee or designee assigned by the functional unit manager to coordinate compliance with and carry out responsibilities under the Americans with Disabilities Act regarding access to department programs, services, and activities within their respective functional unit.

(15) Institution Discrimination Complaint Coordinator: The department employee or designee assigned by the functional unit manager to coordinate discrimination complaint processes and communicate about discrimination complaint related matters within their respective functional unit.

(16) Institution Grievance Coordinator: The department employee or designee assigned by the functional unit manager to coordinate grievance processes and communicate about grievance related matters within their respective functional unit.

(17) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections.

(18) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises.

(19) Vendor: A person or company contracted to provide services directly for sale to adults in custody through the department (for example, companies providing telephone services).

(20) Volunteer: A person who, with prior approval from the department, donates time, knowledge, skills, or effort to the department, Oregon Corrections Enterprises, or other state agency to enhance the mission, activities, and programs of the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2019, amend filed 10/18/2019, effective 10/18/2019
DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

Or. Admin. R. 291-006-0050 Discrimination Complaint and Discrimination Complaint Appeal Timelines

(1) Discrimination complaints must be received by the institution discrimination complaint coordinator within 14 calendar days from the date of the incident alleged in the discrimination complaint unless the adult in custody can satisfactorily demonstrate why the discrimination complaint could not be timely filed. Untimely discrimination complaints will be denied and returned to the adult in custody with a statement of the rule.

(2) A discrimination complaint response by the functional unit manager or designee will be sent to the adult in custody within 70 calendar days from the date the discrimination complaint was accepted by the institution discrimination complaint coordinator, unless further review is necessary to fully respond to the adult in custody’s discrimination complaint.

(3) Discrimination complaint appeals must be received by the institution discrimination complaint coordinator within 14 calendar days from the date the functional unit manager’s discrimination complaint response was sent to the adult in custody unless the adult in custody can satisfactorily demonstrate why the discrimination complaint appeal could not be timely filed. Untimely discrimination complaint appeals will be denied and returned to the adult in custody with a statement of the rule.

(4) Discrimination complaint appeals will be responded to within 70 calendar days from the date the discrimination complaint appeal was accepted, unless further review is necessary to fully respond to the adult in custody’s discrimination complaint appeal.

(5) If the deadline for submitting a discrimination complaint or discrimination complaint appeal falls on a weekend or legal holiday, that discrimination complaint or discrimination complaint appeal will be deemed timely if the discrimination complaint or discrimination complaint appeal form is timely dated by the adult in custody and the institution discrimination complaint coordinator receives the discrimination complaint or discrimination complaint appeal during the first business day following the weekend or legal holiday in which the deadline passed.

(6) Discrimination complaints, discrimination complaint appeals, or responses to either may be consolidated by the department.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-006-0055 Discrimination Complaint and Discrimination Complaint Appeal Submission Limits

(1) An adult in custody shall not have more than four active complaints (discrimination complaints, grievances, or appeals from either) at any time. Any discrimination complaint or discrimination complaint appeal submitted exceeding that limit will be found to be an improper use of the discrimination complaint review or grievance review systems and returned to the adult in custody with a statement of the rule.

(2) An adult in custody may not submit more than a combined total of four initial discrimination complaints and grievances in any calendar month.

(3) For the purposes of these rules, an emergency grievance, as defined in OAR 291-109-0110(12), or any appeal regarding an emergency grievance, is not counted when determining the number of active complaints or the number of submitted discrimination complaints or grievances within any calendar month.

(4) Any discrimination complaint or grievance (or appeal of either) received that causes the adult in custody to exceed the limits described in OAR 291-006-0055(1) or (2) will be considered an improper use of the discrimination complaint review and grievance review systems.

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-006-0060 Discrimination Complaint and Discrimination Complaint Appeal Submission Requirements

(1) An adult in custody who believes they have been subjected to unlawful discrimination by the department or by an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises on the basis of race, color, national origin, religion, gender, sex, sexual orientation, marital status, age, disability, or familial status, may seek resolution of their complaint through the department’s internal discrimination complaint review system by submitting a written discrimination complaint to the institution discrimination complaint coordinator using a department-approved discrimination complaint form in accordance with these rules. As with informal communications, adults in custody shall use a civil and respectful tone and manner in their written discrimination complaints to attempt to resolve the dispute.

(a) Instructions for filing discrimination complaints and discrimination complaint appeals are found on the reverse side of the forms, or the adult in custody may contact the institution discrimination complaint coordinator or the law library for assistance.

(b) Functional unit managers or designees shall ensure approved AIC discrimination complaint and discrimination complaint appeal forms are readily available to adults in custody in Department of Corrections facilities.

(2) An adult in custody must use their court name when submitting a discrimination complaint or discrimination complaint appeal, which must be entered in the designated “Name” portion of a discrimination complaint or discrimination complaint appeal form. A secondary name an adult in custody is known by may also be listed underneath their court name on a discrimination complaint or discrimination complaint appeal form by adding “aka” (or “also known as”) before the additional name.

(3) Discrimination complaints and discrimination complaint appeals must be legible and written within the appropriate space provided. A discrimination complaint or discrimination complaint appeal may be up to three pages (single-sided) in length. An adult in custody must use a discrimination complaint form or discrimination complaint appeal form for each page of a discrimination complaint or discrimination complaint appeal. Discrimination complaints and discrimination complaint appeals that are not legible or contain multiple sentences per line will be returned to the adult in custody for correction.

(4) A discrimination complaint must include a complete description of the incident, issue, action, or application of rule that directly impacted the submitting adult in custody and how the adult in custody believes it has subjected them to discrimination on the basis of race, color, national origin, religion, gender, sex, sexual orientation, marital status, age, disability, or familial status.

(5) An adult in custody may only submit supporting documentation if it directly relates to the discrimination complaint or discrimination complaint appeal. Any supporting documentation should be attached and submitted with the discrimination complaint and discrimination complaint appeal. An adult in custody may submit no more than five pages (single-sided) of supporting documentation per discrimination complaint or discrimination complaint appeal. Communication forms seeking a response should not be attached to a discrimination complaint or discrimination complaint appeal and should be submitted separately.

(6) If an adult in custody cannot complete a discrimination complaint or discrimination complaint appeal form due to physical or mental impairments or language barriers, the adult in custody may contact the law library, institution discrimination complaint coordinator, or institution ADA coordinator to request assistance.

(7) An adult in custody may not write a discrimination complaint or discrimination complaint appeal for another adult in custody unless authorized by the institution discrimination complaint coordinator or institution ADA coordinator. However, the adult in custody submitting a discrimination complaint or discrimination complaint appeal form must still sign the form.

(8) An adult in custody may submit only their signature on discrimination complaint or discrimination complaint appeal forms and all pages of the discrimination complaint or discrimination complaint appeal must be signed and dated.

(9) Discrimination complaints and discrimination complaint appeal forms with foreign substances or potential biological hazards on them will not be processed. They will be disposed of in accordance with the institution’s procedure on biological hazards. If the adult in custody’s name and state identification number (SID) is known, the institution discrimination complaint coordinator will notify the adult in custody of the actions taken.

(10) Discrimination complaint and discrimination complaint appeal forms containing sexually explicit, derogatory, or offensive artwork, drawings, or other sexually explicit material will be returned to the adult in custody for correction.

(11) Discrimination complaint and discrimination complaint appeal forms containing hostile, sexual, abusive, or threatening language or gestures towards or about another person will be returned to the adult in custody for correction.

(12) An adult in custody may not file more than one accepted discrimination complaint or grievance regarding a single incident or issue, regardless of incident date, unless substantial new information is available about the incident or issue.

(13) An adult in custody may file a discrimination complaint on the same incident or issue as raised in a previously filed complaint provided:

(a) There is another occurrence of the same incident or issue;

(b) New information is available about the incident or issue; and

(14) An adult in custody cannot file a discrimination complaint regarding the following:

(a) Any matter that is outside the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision);

(b) Any matter that may be reviewed through a separate review process under the department’s rules. Examples include, but are not limited to, the review processes set out in the following department rules:

(A) Segregation (Administrative) – (OAR 291-046)

(B) Alternative Incarceration Programs – (OAR 291-062)

(D) Cost of Care Reimbursement – (OAR 291-203)

(E) Grievance Review System – (OAR 291-109)

(F) Informed Consent to Treatment with Psychotropic Medication – (OAR 291-064)

(G) Mail – (OAR 291-131)

(H) Prison Term Modification – (OAR 291-097)

(I) Security Threat Management – (OAR 291-069)

(J) Trust Accounts – (OAR 291-158)

(K) Visiting – (OAR 291-127);

(d) Conduct orders, investigations leading to a conduct order, or any conduct order sanction, except where a pattern of bias can be articulated;

(e) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings, and sanctions, except where a pattern of bias can be articulated;

(f) Any matter that does not directly and personally affect the adult in custody;

(g) Any matters in which the adult in custody lacks personal knowledge of the incident or issue;

(h) Claims the adult in custody has pursued or is pursuing in pending litigation in state or federal courts; and

(i) The processing of, response to, or late response to discrimination complaints, discrimination complaint appeals, grievances, grievance appeals, or other separate review processes.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-006-0065 Discrimination Complaint and Discrimination Complaint Appeal General Processing Standards

(1) The institution discrimination complaint coordinator shall date stamp the discrimination complaint or discrimination complaint appeal form upon receipt. After the discrimination complaint or discrimination complaint appeal form has been date stamped and recorded, the adult in custody will be issued a return receipt, and if accepted, the institution discrimination complaint coordinator will assign the discrimination complaint or discrimination complaint appeal for administrative review.

(2) Discrimination Complaint and Discrimination Complaint Appeals Returned for Correction:

(a) An adult in custody may elect to resubmit a discrimination complaint or discrimination complaint appeal that has been returned to the adult in custody for correction because the discrimination complaint or discrimination complaint appeal does not comply with these rules.

(b) The discrimination complaint or discrimination complaint appeal may only be resubmitted twice and must be received by the institution discrimination complaint coordinator within 14 calendar days from the date when the discrimination complaint or discrimination complaint appeal was originally returned to the adult in custody.

(c) If corrected and resubmitted by the adult in custody, the return receipt and original discrimination complaint or discrimination complaint appeal must also be attached.

(3) If at any time the institution discrimination complaint coordinator determines the adult in custody has pursued or is pursuing the claim through pending litigation in state or federal courts, the discrimination complaint process will cease, and the discrimination complaint or discrimination complaint appeal will be closed and returned to the adult in custody. The institution discrimination complaint coordinator will retain a copy of the adult in custody’s discrimination complaint or discrimination complaint appeal and document the date and reason for closure of the complaint.

(4) An adult in custody may withdraw an accepted discrimination complaint or discrimination complaint appeal by submitting a written request to the institution discrimination complaint coordinator at any time during the discrimination complaint process. Discrimination complaints or discrimination complaint appeals that have been withdrawn may only be reopened upon written request within 14 calendar days from when the adult in custody requested to withdraw the discrimination complaint or discrimination complaint appeal.

(5) A denied discrimination complaint or discrimination complaint appeal is not subject to further review or appeal.

(6) Once an adult in custody’s request for resolution is granted, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing of the discrimination complaint or discrimination complaint appeal and notify the adult in custody of the conclusion of the administrative review process.

(7) If an adult in custody has filed a Notice of Tort Claim with the Oregon Department of Administrative Services while the adult in custody has an active discrimination complaint or discrimination complaint appeal on the same incident or issue, and the primary remedy sought is monetary relief, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing and notify the adult in custody of the conclusion of the administrative review process.

(8) Once an adult in custody has released from the custody of the Department of Corrections, any active discrimination complaints or discrimination complaint appeals will be responded to and held on file unless other arrangements have been made with the institution discrimination complaint coordinator prior to release. No further discrimination complaints or discrimination complaint appeals will be accepted.

(9) If a discrimination complaint or discrimination complaint appeal is received by the institution discrimination complaint coordinator after the adult in custody has released from the custody of the Department of Corrections, the discrimination complaint or discrimination complaint appeal no longer complies with these rules and will be denied.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-006-0070 Discrimination Complaint Appeal Process

(1) An adult in custody may appeal the discrimination complaint response using a discrimination complaint appeal form.

(a) The discrimination complaint appeal must include the original discrimination complaint, attachments, and employee response(s).

(b) The discrimination complaint appeal must comply with the timeframes set forth in OAR 291-006-0050.

(d) No additional information may be submitted with the discrimination complaint appeal unless the information was unavailable to the adult in custody at the time the original discrimination complaint was filed or if the discrimination complaint response noted that the information was missing and the submitted information is directly related to the alleged incident or issue being reviewed.

(2) After the discrimination complaint appeal has been date stamped and recorded, the adult in custody will be issued a return receipt. If accepted, the discrimination complaint appeal will be forwarded to the Adult in Custody Complaint Review Committee (AICCRC).

(3) The Adult in Custody Complaint Review Committee (AICCRC) will review all accepted appeals and make a recommendation to the Inspector General or designee.

(4) An adult in custody’s discrimination complaint appeal will be responded to by the Inspector General or designee upon review of the adult in custody’s complaint, documentation, and the recommendation of the Adult in Custody Complaint Review Committee (AICCRC) within the timeframes set forth in OAR 291-006-0050.

(5) The Inspector General or designee’s response is final and not subject to further review.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-006-0075 Improper Use of the Discrimination Complaint Review System

(1) An adult in custody improperly uses the discrimination complaint review system when they:

(a) Include language that is identified as posing a criminal threat;

(b) Repeatedly submit discrimination complaints, grievances, or appeals of either, that do not comply with the requirements set forth in these rules, including, but not limited to, multiple resubmissions of the same discrimination complaint or discrimination complaint appeal, multiple untimely discrimination complaints or discrimination complaint appeals, and multiple resubmissions of uncorrected discrimination complaints or discrimination complaint appeals;

(c) Submit discrimination complaints, grievances, or appeals of either, in excess of the allowed limitations set forth in OAR 291-006-0055.

(2) Administrative Action for Improper Use of the Discrimination Complaint Review System:

(a) If an adult in custody demonstrates a pattern of improper use of the discrimination complaint review system, the functional unit manager or designee will notify the adult in custody in writing that their actions are not in compliance with the department’s rules on Discrimination Complaint Review System (OAR 291-006) or Grievance Review System (OAR 291-109). From the date of the notice, the adult in custody will have 35 calendar days to bring their discrimination complaint submissions into compliance with the rules or the adult in custody will be subject to restriction of their access to the discrimination complaint review and grievance review systems as specified in this rule.

(b) Adults in custody who continue to improperly use the discrimination complaint review system will be notified by the Inspector General or designee, in writing, that such actions are creating an administrative burden at the expense of legitimate complaints. From the date of this notification, due to their continued improper use of the discrimination complaint review system, the adult in custody will be limited to submitting no more than two active discrimination complaints or grievances at a time, excluding emergency grievances. Any discrimination complaints or grievances submitted that are not in compliance with this restriction will not be processed.

(c) Once the adult in custody has demonstrated compliance for 35 calendar days, the adult in custody may request removal of the administrative restriction by writing to the institution discrimination complaint coordinator or institution grievance coordinator who will forward the request to the Adult in Custody Complaint Review Committee (AICCRC) for review.

(d) An adult in custody’s request for removal of the administrative restriction will be responded to by the Inspector General or designee upon review of the adult in custody’s request and the recommendation of the Adult in Custody Complaint Review Committee (AICCRC) within 70 calendar days from the date the request was received. The administrative restriction will remain in effect until such time it is reviewed and removed by the Inspector General or designee.

(e) Administrative restrictions are not subject to review through the discrimination complaint review and grievance review systems.

(f) Records of active and inactive notifications of improper use of the discrimination complaint review system will be maintained by the institution discrimination complaint coordinator or institution grievance coordinator and will be enforced throughout the department, regardless of the adult in custody’s facility.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-006-0078 Discrimination Complaints Related to Sexual Abuse or Sexual Harassment

(1) A discrimination complaint related to a claim of sexual harassment or sexual abuse will be immediately subject to investigation that is outside the department’s administrative remedies process.

(2) For purposes of these rules, the term “sexual harassment” is defined in OAR 291-109-0110(20), and the phrase “related to a claim of sexual harassment or sexual abuse” includes claims of sexual abuse, fear of sexual abuse, or allegations of mishandling of an incident, issue, or investigation of sexual abuse such as retaliation for reporting or retaliation for cooperating with a sexual abuse investigation.

(3) For purposes of these rules, “sexual abuse” is defined as sexual abuse of an adult in custody by another adult in custody and sexual abuse of an adult in custody by an employee.

(a) The term “sexual abuse” includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence or is unable to consent or refuse.

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and

(D) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.

(b) Sexual abuse of an adult in custody by an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises includes any of the following acts, with or without consent of the adult in custody, detainee, or resident:

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Contact between the mouth and any body part where an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises has the intent to abuse or arouse.

(D) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises has the intent to abuse, arouse, or gratify sexual desire;

(E) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks that is unrelated to the official duties or where an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises has the intent to abuse, arouse or gratify sexual desire;

(F) Any attempt, threat, or request by an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises to engage in the activities described by paragraphs (A) – (E) of this section;

(G) Any display by an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises of their uncovered genitalia, buttocks, or breast in the presence of an AIC, detainee, or resident, and

(H) Voyeurism by an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises. Voyeurism by an employee, contractor or volunteer means an invasion of the adult in custody’s privacy by an employee, contractor, or volunteer for reasons unrelated to official duties, such as peering at an adult in custody who is using a toilet in the their cell to perform bodily functions; requiring an adult in custody to expose their buttocks, genitals, or breasts; or taking images of all or part of an adult in custody’s naked body or of an adult in custody performing bodily functions.

(4) A discrimination complaint related to a claim of sexual harassment or sexual abuse will not be considered or counted as a “grievance” or “discrimination complaint” under the department’s rules on Grievance Review System (OAR 291-109) or Discrimination Complaint Review System (OAR 291-006).

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, adopt filed 12/30/2024, effective 01/01/2025

Or. Admin. R. 291-006-0080 Retention of Adult in Custody Discrimination Complaints

(1) The institution discrimination complaint coordinator will retain a file copy of discrimination complaints with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records.

(2) Discrimination complaints will not be filed in the adult in custody’s working file.

(3) Discrimination complaints will not be filed in the employee’s working file.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Division 9 TOURS

Or. Admin. R. 291-009-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: This rule provides guidelines and procedures whereby interested groups and individuals may be allowed tours of correctional facilities operated by the Department of Corrections.

(3) Policy: One of the goals of the Department of Corrections is to create partnerships with communities by providing public information and education, potential expansion of work programs, professional advice, training and consulting services, and encouraging staff participation in professional exchanges of information about the operation of the department's facilities. One method of achieving this goal is through the administration of a tour program. Tours will be conducted in accordance with staff resource availability and security requirements.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2023, amend filed 05/04/2023, effective 05/04/2023
DOC 7-2013, f. & cert. ef. 8-20-13
DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99
CD 3-1992, f. 3-13-92, cert. ef. 3-25-92
CD 17-1988, f. & cert. ef. 11-18-88
CD 16-1987, f. & ef. 3-5-87
CD 39-1985, f. & ef. 8-16-85
CD 27-1982, f. & ef. 12-10-82
CD 33-1978, f. 10-24-78, ef. 10-25-78

Or. Admin. R. 291-009-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(3) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. Whenever the term “functional unit manager” is used in this rule it means functional unit manager or designee.

(4) Tours: Any person or group of persons authorized to be escorted through a Department of Corrections facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2023, amend filed 05/04/2023, effective 05/04/2023
DOC 7-2013, f. & cert. ef. 8-20-13
DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99
CD 3-1992, f. 3-13-92, cert. ef. 3-35-92
CD 17-1988, f. & cert. ef. 11-18-88
CD 16-1987, f. & cert. ef. 3-5-87
CD 39-1985, f. & cert. ef. 8-16-85
CD 27-1982, f. & cert. ef. 12-10-82
CD 33-1978, f. 10-24-78, cert. ef. 10-25-78

Or. Admin. R. 291-009-0015 Procedures

(1) Tours may be provided to:

(a) College and high school level students aged 16 and over with an academic interest in state government, public services, social science, or criminal justice. Students under 18 years of age must be accompanied by an instructor.

(b) Persons, including representatives of the media that have a professional interest in state government correctional programs.

(c) Representatives from companies or the community who have the potential for expanding work programs, including private partnerships.

(d) Family members or associates of employees or contractors.

(e) Law Enforcement or other agency partners

(f) Persons interested in applying or currently in the application process for the Department of Corrections including those attending hiring events or open house events.

(g) Members of that facility’s Prison Advisory Committee.

(2) The minimum age to participate in a tour is 16 years of age. Unemancipated children between 16 and 18 years of age must provide an informed consent notice signed by their parent or legal guardian prior to taking the tour and be approved for tour participation by the functional unit manager.

(3) Processing tour requests:

(a) All requests for tours, the times, days, length, and route of the tour will be coordinated with the functional unit manager.

(b) Each institution functional unit manager will designate staff to be responsible for obtaining approval, scheduling the tour, securing supervision, and notifying appropriate staff, including the functional unit manager’s office.

(c) LEDS checks are required unless waived by the facility functional unit manager. Persons are required to submit the necessary information to complete the LEDS check, as outlined in DOC rule 291-016 Facility Access.

(d) Tours of designated facilities may be included in the new employee orientation program.

(4) Tour Standards:

(a) Normally, tours will be limited to 10 persons or less per tour group; however, each functional unit manager may exceed that number depending upon the size of the facility and staff available to supervise the group.

(b) Tours will normally be conducted by a Department of Corrections employee. The facility functional unit manager may designate contractors to conduct tours. The facility functional unit manager will stipulate eligibility requirements for staff and contractors to become tour guides.

(c) Cameras and tape recorders may be admitted only with approval from the facility functional unit manager. Any AIC who is photographed or filmed for other than DOC purposes must sign a media consent form indicating they are a voluntary participant.

(d) Former employees of the Department of Corrections are required to have an approved visitor authorization form before entering a Department of Corrections facility.

(e) Any person who is now or has been an AIC of a correctional facility is required to have specific, advance written permission from the facility functional unit manager before entering a Department of Corrections facility.

(f) Tour members are not permitted to wander or leave the group without an assigned escort.

(g) Personal attire of tour members must meet the same minimum standards established in DOC rule 291-127 Visiting.

(h) AICs and tour members may not exchange any material.

(i) Failure to comply with any standards or security requirements will be sufficient reason for termination of the tour.

(j) Designated tour guides will be informed of scheduled tours and provided an approved visitor authorization form.

(k) Individuals wishing to tour a correctional facility may be subjected to a search in accordance with the DOC rule 291-041 Searches (Institutions ) .

(l) Each person listed on a visitor authorization form must complete a facility access register and exchange one piece of current photo identification for a visitor pass. Each facility may have additional facility-specific procedures for checking visitors in and out. Acceptable photo identification includes the following:

(A) Drivers license or state identification;

(B) Passport;

(D) Military identification;

(E) Student identification card; or

(F) Other official governmental identification.

(m) At the conclusion of the tour, the visitor pass will be exchanged for the visitor’s photo identification and the visitor will sign out on a facility access register.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2023, amend filed 05/04/2023, effective 05/04/2023
DOC 7-2013, f. & cert. ef. 8-20-13
DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99
CD 3-1992, f. 3-13-92, cert. ef. 3-25-92
CD 17-1988, f. & cert. ef. 11-18-88
CD 16-1987, f. & ef. 3-5-87
CD 39-1985, f. & ef. 8-16-85
CD 27-1982, f. & ef. 12-10-82
CD 33-1978, f. 10-24-78, ef. 10-25-78

Division 11 SEGREGATION (DISCIPLINARY)

Or. Admin. R. 291-011-0005 Authority, Purpose, and Policy

(1) The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To establish procedures and standards for the placing and maintenance of adults in custody in disciplinary segregation. Adults in custody in violation of rules of prohibited conduct may be placed in disciplinary segregation to maintain the safety and security of a facility.

(3) Policy: It is the policy of the Department of Corrections to establish and maintain disciplinary segregation operations separate from the general adult in custody population in Department of Corrections facilities. These rules cannot cover all possible events; it is intended to direct only the relative routine aspects of segregation operations. Adults in custody placed on disciplinary segregation status will be treated fairly and impartially with the best interest of staff, adults in custody, and the institution in mind.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0010 Definitions

(1) Adult In Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Close Supervision Status: Placement of an AIC in a more restricted setting than other AICs in disciplinary segregation status. This status is designated for AICs whose actions disrupt the safe, secure, orderly, and efficient operation of disciplinary segregation.

(3) Communication Form: An official Department of Corrections form commonly referred to as a "kyte or kite." The form is designed for AIC use in communicating with DOC employees,

(4) Disciplinary Segregation: The placement of an AIC in a housing program status which separates the AIC from the general population of the facility in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(5) Disciplinary Segregation Supervisor: That person designated by the functional unit manager to oversee the daily operation of the Disciplinary Segregation Unit (DSU).

(6) Dry Cell Status: A visual inspection process which, after reasonable suspicion has been established, allows for the placement of an AIC in a cell for the safe recovery of concealed foreign substances, instruments, and other contraband from the AIC’s body.

(7) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, the Deputy Director, Assistant Director, or administrator and has responsibility for the delivery of program services or the coordination of program operations. In a correctional facility, the superintendent is the functional unit manager.

(8) Long-Term Status: Any AIC confined in segregation status or in disciplinary segregation for 30 or more consecutive days.

(9) Mental Health Professional: An individual who by virtue of their education, credentials, and experience is permitted to care for the mental health needs of patients. This includes, but is not limited to, psychiatrists, psychologists, psychiatric social workers, and psychiatric nurse practitioners.

(10) Nutraloaf: A product made from a combination of food items used in the preparation of mainline meals or medically assigned diets using standardized portion sizes and nutritionally balanced recipes. Recipes are kept on file by the Food Services Manager. The dietician is responsible for updating recipes and retaining nutritional information.

(11) Officer-in-Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or officer-of-the-day are not readily available.

(12) Officer-of-the-Day: That person designated by the functional unit manager and approved by the Assistant Director for Operations or Institutions Administrator to act on behalf of the functional unit manager during non-business hours and other periods when the functional unit manager may be absent.

(13) Oregon Accountability Model: A plan composed of six components that is designed to strengthen the department’s ability to hold AICs or adults on supervision accountable for their actions and staff accountable for achieving the mission and vision of the department.

(14) Qualified Health Care Professional: This includes physicians, physician assistants, nurses, nurse practitioners, dentists, mental health professionals and others who by virtue of their education, credentials and experience are permitted by law to evaluate and care for patients.

(15) Reasonable Suspicion: An apparent state of objective facts and rational inferences drawn there from which would permit a reasonable and experienced correctional staff person to conclude that an AIC is possessing contraband or is committing a crime or rule violation or conspiring or attempting the same.

(16) Short-Term Status: Any AIC confined in segregation status or in disciplinary segregation less than 30 consecutive days.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
Reverted to DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 6-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0015 Selection of Disciplinary Segregation Unit (DSU) Staff

(1) Selection Criteria: To qualify for a post solely assigned to disciplinary segregation, the employee:

(a) Must have successfully completed trial service;

(b) Must have completed mental health training for working with AICs experiencing mental illness AICs as provided by the Professional Development Unit; and

(c) Must have achieved a satisfactory on the most recent performance appraisal at the time of application and assignment to disciplinary segregation. At a minimum, the staff member must meet the criteria listed in this rule:

(A) Have demonstrated support of the Oregon Accountability Model;

(B) Have demonstrated maturity and tolerance;

(D) Have demonstrated the ability to work with AICs through conflict-reducing and conflict-control skills; and

(E) Have demonstrated the ability to use good judgment.

(2) Assignments to Disciplinary Segregation Posts:

(a) Assignment to disciplinary segregation posts will be made by the functional unit manager or designee and will be reviewed at least semi-annually.

(b) Rotation of staff assigned to disciplinary segregation posts may occur as it is found to be in the best interest of the employee or the facility, upon determination by the functional unit manager or designee .

(c) Temporary assignment to a fixed disciplinary segregation post will be made by the functional unit manager or designee. Temporary assignments shall be given only to employees who meet the initial qualifications as specified in this rule, unless waived by the Assistant Director for Operations or designee. Whenever possible, temporary assignments will be given only to employees who have successfully completed training specified by the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 15-2023, temporary amend filed 10/26/2023, effective 10/26/2023 through 04/22/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0020 Handling Disturbances

(1) Any and all disturbances which involve AICs in disciplinary segregation will be reported immediately to the officer-in-charge who will take any necessary, immediate emergency action. When any disturbance occurs that requires an unusual incident report, the officer-in-charge will immediately notify the appropriate administrative staff. The unusual incident report will be completed as required by the department’s policy on Unusual Incident Reporting Process (DOC policy 40.1.6).

(2) The officer-in-chargeor designee will make the decisions, organize, assign, direct, control and observe, but will not become physically involved in situations where an AIC must be subdued and placed in or removed from a cell, nor in other disturbance situations which require time to organize necessary control action and assemble personnel.

(3) The use of physical force, chemical agents, or physical restraints must be in accordance with the department’s rules on Use of Force (OAR 291-013).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0025 Assignment and Removal of AICs

(1) AICs will be assigned to disciplinary segregation in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). The functional unit manager or designee or the officer-in-charge may order immediate placement of an AIC in disciplinary segregation when it is necessary to protect the AIC or others, or for the safety, security, orderly, or efficient operation of the facility.

(2) Immediately following any verbal threat of self-harm or act of self-harm by an AIC, a mental health professional, if readily available, or a registered nurse if a mental health professional is not readily available, will be consulted by the officer-in-charge to determine the proper course of action, in accordance with the department’s rules on Suicide Prevention in Correctional Facilities (OAR 291-076).

(3) Dry Cell Status:

(a) An AIC may be placed on dry cell status by the officer-in-charge.

(b) An AIC placed on dry cell status will remain isolated from other AICs for a period not to exceed 72 hours, unless authorized by the functional unit manager.

(d) There will be no interruption of normal food intake. The AIC will be provided water upon request.

(e) Additional specific procedures for placing an AIC on dry cell status are included in the department’s policy on Dry Cell Status (DOC policy 40.1.11).

(4) AICs assigned to the Disciplinary Segregation Unit may be temporarily assigned to other treatment, program, or service units (for example, infirmary, Administrative Segregation Unit, Special Management Unit) for treatment or programming as deemed necessary and advisable by the department. Once the AIC has been assigned to a unit other than the Disciplinary Segregation Unit, the operating policies of the newly assigned unit will be used to manage the AIC.

(5) Release from disciplinary segregation, other than for emergency medical treatment or for transfer to another agency, will be authorized only upon order of the functional unit manager or designee.

(6) AICs assigned to disciplinary segregation will be minimally permitted to leave their cell for visits, exercise, showers, medical, dental, mental health, or authorized services or activities.An employee designated by the officer-in-charge will assign escort supervision. Disciplinary-segregated AICs will not be permitted to leave their cells without prior approval from the disciplinary segregation supervisor. Routine interviews of AICs by staff shall take place at the AIC’s cell.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
Reverted to DOC 10-2001, f. & cert. ef. 3-21-01
DOC 13-2005(Temp), f. & cert. ef. 9-27-05 thru 3-26-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0030 Situational Reviews

(1) AICs assigned to disciplinary segregation shall remain so assigned for only the shortest length of time necessary to achieve the purpose for which assignment was prescribed in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(2) For AICs who have been identified with severe or the highest mental health treatment needs, a clinical interview will be conducted and documented by a qualified mental health professional upon notification of the admission of the AIC into a disciplinary segregation unit. Requests for psychological intervention by a qualified mental health professional may also be initiated by a staff member working in disciplinary segregation, or by an AIC in disciplinary segregation.

(3) An assessment will be made by the designated institutional committee on each AIC in continuous disciplinary segregation at least every 30 days. Adjustment to segregation and early release from segregation will be considered for recommendation to the functional unit manager.

(4) Close Supervision:

(a) A close supervision status cell may temporarily be used to house an AIC whose behavior:

(A) Is deemed so aggressive or destructive that housing for protection of self, others or property is indicated.

(B) Creates a serious disruption to the safety, security, orderly, or efficient operation of the unit.

(b) An AIC placed on close supervision status must be reviewed and approved by the officer-in-charge or designee.

(c) An AIC on close supervision status will be reviewed daily by the officer-in-charge. If the AIC’s behavior warrants, the AIC may be removed from close supervision status.

(d) The security manager or Assistant Superintendent of Security will review AICs on close supervision status at least weekly.

(5) Every AIC in disciplinary segregation status will be checked at least once every 30 minutes, but on an irregular basis by a DSU staff member.

(6) AICs will receive visits from the disciplinary segregation supervisor at least once a shift.

(7) A qualified health care professional will tour the unit daily unless medical or mental health attention is needed more frequently.

(8) The officer-in-charge or designee will tour the Disciplinary Segregation Unit at least once per shift.

(9)The functional unit manager or designee and the security manager or Assistant Superintendent of Security will tour the Disciplinary Segregation Unit weekly.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0035 Maintaining and Recording Information

(1) Disciplinary segregation logs will be maintained with the following methods:

(a) All entries made with ink.

(b) Mistakes will be lined out and initialed by the person who made the error.

(d) No pages will be skipped.

(e) No sheets will be removed.

(f) Sheets may be added for continued or additional information.

(g) All logs will be retained in accordance with applicable records retention schedules.

(h) All entries in the log must bear the staff member’s signature.

(i) All logs will be reviewed monthly by the Assistant Superintendent of Security or security manager.

(2) Disciplinary segregation logs will record the following minimum information:

(a) All movement into, out of, or within the Disciplinary Segregation Unit and purpose of the visit.

(b) All cell assignments in the Disciplinary Segregation Unit.

(d) All AIC telephone calls.

(e) All cell searches.

(f) All 30-minute cell checks.

(g) All services and activities deprived or not provided an AIC as required by these rules.

(h) Any non-compliance of a requirement of these rules, which should immediately be reported to the Assistant Superintendent of Security or security manager.

(i) All exercise periods.

(j) All AICs placed on close supervision or dry cell status .

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0040 Security

(1) Door Security:

(a) Entry doors into the Disciplinary Segregation Unit and the entry door to each tier in disciplinary segregation will be locked at all times, except when in use for authorized traffic. If the entry doors to the facility are open, all entry doors to the tiers must be locked.

(b) Cell doors will be closed and locked at all times, except during inspections and when an AIC is entering or leaving the cell. There will be no instances of two occupied cells on individual tiers or two occupied cells in the same section being opened at any given moment, except in case of an emergency (for example, emergency evacuation).

(c) Two staff members to one AIC must be present at the cell when the door of any occupied single person cell is unlocked.

(d) If the cell houses two AICs and only one AIC is to be removed from the cell, at least three staff members must be present to complete the removal. The cell door will remain secured until the AIC scheduled for removal has been restrained.

(e) At least four staff members must be present at the cell when the door of any cell occupied by two unrestrained AICs is unlocked or opened or when both AICs are removed from the cell at the same time.

(2) Escort Security:

(a) All AICs will be placed in restraints when escorted by staff.

(b) Escort levels in the Disciplinary Segregation Unit will be determined by the Assistant Superintendent of Security or security manager. The escort level will be based on the AIC’s behavior while housed in disciplinary segregation.

(c) Minimally, the escort level must be one staff member to one AIC when the AIC is outside the segregation unit. Escort requirements can be adjusted to two staff members to one AIC when deemed appropriate.

(3) Searches:

(a) Every AIC assigned to the Disciplinary Segregation Unit will submit to an unclothed search before being placed in a cell. All items of clothing issued or worn by the AIC will be thoroughly examined for contraband. All AICs will be searched in accordance with the department’s rules on Searches (Institutions) (OAR 291-041).

(b) AICs entering the Disciplinary Segregation Unit for purposes other than segregation will minimally submit to a clothed search.

(c) Every item of material or equipment (such as, book magazine, clothing, etc.) will be carefully searched by the disciplinary segregation staff before acceptance in the Disciplinary Segregation Unit.

(d) All disciplinary segregation cells and cell equipment will be visually inspected daily.

(e) Every disciplinary segregation cell will be searched at least twice monthly and before and after each occupancy.

(A) Any deficiencies noted will be immediately reported to the disciplinary segregation supervisor.

(B) Any unauthorized materials located will be removed and delivered immediately to the disciplinary segregation supervisor and processed in accordance with the department’s rules on Personal Property (AIC) (OAR 291-117).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0050 Property

(1) Any personal property, as defined in the department’s rules on Personal Property (AIC) (OAR 291-117), not permitted in the cell of any disciplinary-segregated AIC will be properly stored in a location designated by the functional unit manager. Upon release from the Disciplinary Segregation Unit, the AIC will check their personal property and sign the property sheet.

(2) The following standard items are issued to all AICs in disciplinary segregation:

(a) Writing utensil

(b) Appropriate clothing items;

(d) Towel;

(e) Blanket(s) (staff will determine appropriate number issued consistent with general population standards;

(f) Sheets (two total);

(g) Mattress;

(h) Pillow;

(i) Pillow case;

(j) Socks (one pair);

(k) Soap;

(l) Toothbrush;

(m) Comb;

(n) Undergarments;

(o) Property box;

(p) Envelopes (two);

(q) Writing paper; and

(r) AIC communication forms (two total).

(3) AICs classified as short-term status are allowed the standard issued items plus the following personal property:

(a) Envelopes (20 total);

(b) Library book (one);

(d) Magazines (three total);

(f) Legal work (pending); and

(g) Address book.

(4) Those AICs classified as long-term status are allowed the standard issued items, personal property identified for short-term status AICs, plus the following personal property:

(a) Library books (three total)

(b) Disciplinary Segregation Unit approved canteen items purchased after admission to DSU;

(d) Magazines and newspapers which may be exchanged if approved by the disciplinary segregation supervisor.

(5) Property for AICs in close supervision status includes the following, unless a specific deprivation order exists as authorized in OAR 291-011-0064 :

(a) Clothing (shower shoes, undergarments, socks);

(b) Bedding or linens (mattress, pillow, and pillowcase, two sheets, blankets, and towel); and

(6) An AIC on close supervision status will not be allowed to maintain personal property in their assigned cell. Pen or pencil, paper, envelopes, and mail or legal work will be issued daily if requested for a four-hour block of time.

(7) Disciplinary-segregated AICs will be permitted to retain basic personal health items (such as, dentures, prescribed glasses, hearing aids).

(8) Disciplinary-segregated AICs will be permitted religious items as approved by the chaplain and security manager in accordance with the department’s rules on Religious Activities (AIC) (OAR 291-143).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0060 Services and Activities

(1) Canteen: Canteen items may be purchased every other week by those AICs who have available funds in their trust accounts.

(a) Close supervision status and short-term status AICs may only purchase envelopes (maximum of 20).

(b) Long-term status AICs may purchase authorized items from the disciplinary segregation canteen list and additional items as authorized by the functional unit manager.

(2) Food:

(a) Except when following a special diet specifically prescribed by the medical officer, each disciplinary-segregated AIC shall receive food prepared in accordance with the sanitation standards specified in the department’s rules on Food Service Programs (OAR 291-061). AICs in disciplinary segregation will receive food of the same quality and standard ration as AICs in general population unless security circumstances dictate otherwise or the AIC has been placed on a special diet specifically prescribed by the medical officer. Partial meals will not be served.

(b) An AIC must receive approval for a religious diet in accordance with the department’s rules on Religious Services (AIC) (OAR 291-143).

(d) Controlled feeding (Nutraloaf) may be substituted for the meal in accordance with the department’s rules on Controlled Feeding (OAR 291-083).

(e) Food shall never to be used as a reward or as a punishment.

(3) Clothing: A clean set of outer garments and undergarments will be provided on an exchange basis three times a week.

(4) Linen: A clean towel will be provided when an AIC showers. Clean sheets and pillowcases will be provided on a weekly basis.

(5) Medical, Dental, or Mental Health Services:

(a) Each disciplinary-segregated AIC will be visited at least daily by a member of the medical staff. The medical staff member will then process requests for medical, dental, and mental health services to the appropriate staff member.

(b) Health care and mental health services will be provided to AICs in disciplinary segregation according to the department’s rules on Health Services (AIC) (OAR 291-124).

(c) If a disciplinary-segregated AIC complains of a medical, dental, or psychological problem at a time other than the time of the medical staff member’s visit, the staff member receiving the complaint will notify the disciplinary segregation supervisor who will make the request for service to the appropriate section in a timely manner. The request for service will be documented on the AIC’s record.

(d) If the disciplinary-segregated AIC’s medical or mental health condition is not treatable in their assigned cell, the AIC will be escorted to appropriate facilities. Unless otherwise ordered by the Assistant Superintendent of Security or security manager, security supervision will be maintained throughout the AIC’s examination and treatment.

(e) Any disciplinary-segregated AIC transferred from the facility for treatment will, upon their return, resume disciplinary segregation assignment unless confinement elsewhere is recommended by facility medical, dental, or mental health professionals and approved by the functional unit manager or the officer-of-the-day.

(6) Personal Hygiene:

(a) AICs in disciplinary segregation will have the opportunity to shower and shave at least three times weekly.

(b) Arrangements for haircuts will be made by the disciplinary segregation supervisor once a month.

(7) AIC CommunicationForm: Each disciplinary-segregated AIC may write to any staff member by submitting an AIC communication form. AIC communication forms will be made available once per day. Submitted AIC communication forms will be forwarded without undue delay.

(8) Correspondence:

(a) Each disciplinary-segregated AIC will be allowed to correspond in accordance with the department’s rules on Mail (AIC) (OAR-291-131).

(b) Disciplinary segregation staff will inspect all incoming mail prior to distributing to AIC. All legal mail must be opened in the presence of the AIC.

(9) Visits: AICs assigned to disciplinary segregation may be granted visits in accordance with the department’s rules on Visiting (OAR 291-127).

(10) Legal visits will not be denied to a disciplinary-segregated AIC unless the OIC determines the AIC’s conduct is so disruptive that the safety, security, orderly, and efficient operation of the facility would be compromised.

(11) Reading:

(a) Reading material will be issued or exchanged at least weekly.

(b) The disciplinary segregation supervisor will coordinate activity with the appropriate staff member to assure adequate availability of books or magazines for disciplinary-segregated AICs. All such items entering or leaving disciplinary segregation shall be inspected by the Disciplinary Segregation Unit staff member handling entry or exit for contraband or abuse.

(12) Exercise: AICs in disciplinary segregation will be provided opportunity to exercise a minimum of 40 minutes per day, which includes shaving and showering, five days a week in an area and manner specified by the functional unit manager, unless security, staff availability, or safety considerations dictate otherwise as authorized by the security manager.

(13) Religious Services:

(a) As staff availability allows and if requested by the AIC, Religious Services staff will visit each disciplinary-segregated AIC once a week, if the AIC requests.

(b) No AIC will be denied the opportunity to receive religious guidance from staff chaplains or approved religious volunteers while in disciplinary segregation. The practice of the AIC’s religion may be restricted to the AIC’s assigned cell.

(14) Work: AICs in disciplinary segregation will only be permitted work assignments that include maintenance of their own quarters and the disciplinary segregation facilities.

(15) Correctional Communication Services: Telephone calls related to legal matters will be handled in accordance with the department’s rules on Correctional Communication Services (OAR 291-130).

(16) Legal Activities: AICs assigned to disciplinary segregation shall be permitted to pursue their legal activities according to the procedures prescribed in the department’s rules on Legal Affairs (AIC) (OAR 291-139).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87
CD 18-1987(Temp), f. & ef. 3-5-87
CD 23-1985, f. & ef. 8-16-85
CD 33-1983, f. & ef. 10-14-83
CD 21-1978, f. & ef. 8-29-78

Or. Admin. R. 291-011-0064 Forfeiture or Denial of Service or Activity

(1) A disciplinary-segregated AIC may be required to forfeit or be temporarily denied any service or activity when the AIC is using the service or activity to destroy or damage property, obstruct security, or make threats of physical violence to others. If an AIC is using any service or activity for self-harm, that service or activity may be temporarily denied upon order of the officer-in-charge or designee. Any item(s) withheld shall be returned at the earliest possible time when the basis for removal has ceased to exist. Denial orders will be reviewed every eight hours by the officer-in-charge.

(2) Services and activities may be forfeited or denied as a result of a disciplinary sanction in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(3) Forfeiture of a service or activity will be reviewed weekly by the designated institutional committee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01
CD 19-1991, f. & cert. ef. 8-21-91
CD 33-1987, f. & ef. 8-28-87

Or. Admin. R. 291-011-0080 Disciplinary Segregation Units in Minimum Custody Facilities

(1) Due to their size and available staffing, minimum custody facilities will be exempt from the following provisions of the department’s rules on Segregation (Disciplinary) (OAR 291-011). These provisions will be modified as described below.

(2) An AIC may be placed on close supervision status under the provisions listed in OAR 291-011-0030 and remain so until terminated by the functional unit manager or transfer to another facility.

(3) Recreation outside of the cell will not be available.

(4) Staff Selection Criteria: Employees regularly assigned to the facility will staff the Disciplinary Segregation Unit.

(5) AICs in disciplinary segregation requesting psychological intervention will be referred to the facility medical staff.

(6) AICs in disciplinary segregation will be visited by a qualified health care professional at least daily unless medical attention is ordered more frequently in specific cases by the facility’s physician. Requests for medical attention made to security staff will be referred to the officer-in-charge who will determine the appropriate action to be taken.

(7) Facilities that have five- or seven-day-a-week health care available will ensure that AICs in disciplinary segregation are seen by a qualified health care professional each day. When a facility does not have a qualified health care professional on site for a period greater than 24 hours, AICs in disciplinary segregation will be visited by the officer-in-charge at least daily.

(8) Door Security: The outer door to each segregation cell shall remain locked when not in use for authorized traffic.

(9) When possible, staff will restrain all AICs occupying the cell prior to the unlocking or opening of the cell door. The functional unit manager may waive this requirement based upon facility design and operational requirements.

(10) Property: In addition to authorized issued items, the following property will be authorized in disciplinary segregation:

(a) Personal letters;

(b) Photographs (ten total, will not be retrieved from AIC’s personal property);

(d) Magazines (three total, will not be retrieved from AIC’s personal property);

(e) Legal papers requiring immediate action (approved by facility legal librarian);

(f) Writing utensil;

(g) Paper;

(h) Envelopes; and

(i) Medically approved denture cleanser and denture adhesive.

(11) Canteen will not be available except for the purchase of ten envelopes.

(12) If a disciplinary-segregated AIC complains of medical, dental, or mental health problems at a time other than the time of the medical staff member’s visit, the officer-in-charge will consider the request and determine if immediate action is warranted. If necessary, the officer-in-charge will utilize the established mental health or medical on-call system.

(13) All requests for religious guidance or counseling will be submitted in writing by the AIC and directed to the facility chaplain.

(14) AICs receiving disciplinary sanctions of 14 days or less may complete their sanctions at these facilities. Any AIC sanctioned to 15 or more consecutive days of disciplinary segregation shall be transferred to a facility capable of housing disciplinary-segregated AICs in compliance with OAR 291-011-0015 through OAR 291-011-0064.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075.
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 26-2024, amend filed 10/23/2024, effective 10/23/2024
DOC 18-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025
DOC 3-2024, amend filed 04/01/2024, effective 04/01/2024
DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06
DOC 10-2001, f. & cert. ef. 3-21-01

Division 13 USE OF FORCE

Or. Admin. R. 291-013-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to provide guidance and direction in the use of force and security equipment by Department of Corrections employees in the lawful performance of their duties. The rule is written to minimize risk to the general public associated with the escape of an adult in custody; minimize the likelihood of injury to employees, members of the general public, and adults in custody; prevent serious destruction of state property and meet the mission of the department.

(3) Policy:

(a) It is the policy of the Department of Corrections to authorize the use of force in circumstances specified in this rule. In such circumstances where force is authorized, the type, amount and manner of use of force authorized are further specified within this rule.

(b) The use of force and security equipment by department employees is authorized by the Director through the appropriate functional unit manager.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95
CD 20-1991, f. & cert. ef. 8-28-91
CD 9-1989, f. & cert. ef. 6-20-89
CD 12-1988, f. & cert. ef. 9-30-88
CD 42-1986, f. & ef. 10-17-86
CD 40-1985, f. & ef. 8-16-85
CD 3-1983, f. & ef. 1-20-83
CD 33-1981, f. & ef. 8-7-81
CD 16-1981(Temp), f. & ef. 6-5-81
CD 35-1978, f. 11-9-78, ef. 11-13-78

Or. Admin. R. 291-013-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Behavioral Health Services (BHS): A Health Services unit with primary responsibility for the assessment and treatment of adults in custody with mental illness and developmental disabilities.

(3) Carotid Hold: Application of a hold to the neck that restricts deoxygenated blood leaving the brain, which may result in the person to whom it is applied becoming unconscious.

(4) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily incapacitate an individual.

(5) Choke Hold: Application of physical pressure applied directly to the neck area to restrict air from entering the lungs.

(6) Co-Located Minimum Security Facility/Level 2: A minimum security facility on the grounds of a medium or higher security facility, but not within the fenced perimeter of this higher security facility.

(7) Corporal Punishment: The use of physical force for the purpose of punishment.

(8) Department of Corrections Facility: Any institution, facility or employee office, including the grounds, operated by the Department of Corrections.

(9) Electronic ControlDevices: Security equipment designed to stop, control or temporarily incapacitate through the use of high voltage, low amperage electric stimulation; e.g., conducted electrical weapons, electronic shield, etc.

(10) Excessive Force: A type or amount of force beyond that which is reasonably necessary to control the situation and achieve the correctional objective; or the continued use of force after it is no longer reasonably necessary.

(11) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director or administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional setting the superintendent is the functional unit manager.

(12) Hogtie Method: Binding a person’s wrists and ankles together behind the back while in a prone position.

(13) Less Lethal Force: Systems that are explicitly designed and primarily employed so as to incapacitate while minimizing fatalities or permanent injury.

(14) Lethal Force: Physical force that has substantial risk of causing death.

(15) Level of Force: The type of force employed, amount of that type of force employed, and the circumstances within which the force is employed.

(16) Medium or Higher Security Facility/Level 3 or Higher: A medium or higher security facility may house multiple custody classifications of adults in custody within its secure perimeter, including custody Level 1 and 2 adults in custody. Medium or higher security facilities will treat all adults in custody as if they are classified Level 3 or higher custody.

(17) Negligent Discharge: An unintentional discharge of security equipment caused by an action or event that an employee could and should have foreseen or prevented.

(18) Officer-in-Charge: That person designated by the functional unit manager to supervise and make operational decisions in accordance with department policy, rule or procedure during periods when the functional unit manager or officer-of-the-day is not readily available.

(19) Out-of-Cell Restraints Order: An order authorizing the use of security restraints to restrict and control an adult in custody’s movement when the adult in custody is being transported or escorted outside of the adult in custody’s cell.

(20) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, electronic devices, firearms or other physical methods used to restrain, subdue, control, intimidate or to compel persons to act in a particular way, or to stop acting in a particular way.

(21) Planned Use of Force: The use of force in situations where time and circumstances allow for consultation and approval with higher ranking employees, and where there is some opportunity to plan the actual use of force.

(22) Prone Restraint: The process of placing an individual “face-down” upon a surface and then securing or limiting the movement of the arms, legs, or trunk from that surface.

(23) Reactive Use of Force: The use of force in situations where time and circumstances do not permit approval by higher ranking employees, or consultation or planning.

(24) Reasonable Force: The use of physical force to achieve a legitimate correctional objective, where the type and amount of force are consistent with the situation and the objective to be achieved; and where alternatives to physical force are unavailable or ineffective; and where the force used is the minimum necessary to control the situation.

(25) Restraint Chair: A restraining device that allows for a person to sit upright in a chair that is designed to immobilize the person.

(26) Secure Custody: Custody exercised upon a person under the jurisdiction of the Department of Corrections by means of physical confinement within a facility of the Department of Corrections, or direct physical supervision of a person with or without use of restraints while outside a Department of Corrections facility.

(27) Secure Program Chair: A specially designed chair that restricts an adult in custody’s movement to ensure the safety of other individuals while allowing movement necessary to permit the adult in custody to engage in individual or group programming out of the adult in custody’s cell.

(28) Security Equipment: Firearms, ammunition, batons, chemical agents, security restraints, electronic control devices, and similar devices.

(29) Security Restraints: Handcuffs, temporary cuffs, leg irons, belly chains, restraining chairs, and other similar equipment designed to restrict and control the person's movement from injuring himself/herself, others, and escape.

(30) Serious Mental Illness (SMI): An MH3 code designation used to identify adult in custody with the highest mental health treatment needs.

(31) Serious Physical Injury: Physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

(32) Show of Force: A demonstration of the current ability to use force, such as the massing of officers or tactical squads.

(33) Stand Alone Minimum Security Facility: A minimum security facility that is not on the grounds of a medium or higher security facility.

(34) Specialty Impact Munitions: Munitions designed to incapacitate, distract, and control a subject with less likelihood of life-threatening injury.

(35) Therapeutic Restraints: A type of restraint applied to an adult in custody for medical or mental health purposes and designed to limit an adult in custody's movement. The kinds of restraints that may be used for therapeutic purposes include, but are not limited to, leather, rubber or canvas restraints for the arms, legs and upper torso.

(36) Use of Force: Any situation in which an employee uses physical force against an adult in custody or other person, except those situations in which security restraints are used in a standard manner for arrest, escort, or transport, or in which therapeutic restraints are used

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 17-2015, f. & cert. ef. 10-26-15
DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 15-2004, f. & cert. ef. 11-2-04
Reverted to DOC 14-1998, f. & cert. ef. 6-18-98
DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 20-1995, f. 10-26-95, cert. ef. 11-1-95
CD 3-1995, f. & cert. ef. 1-19-95
CD 20-1991, f. & cert. ef. 8-28-91
CD 9-1989, f. & cert. ef. 6-20-89
CD 21-1988(Temp), f. & cert. ef. 12-30-88
CD 12-1988, f. & cert. ef. 9-30-88
CD 26-1987, f. & ef. 6-5-87
CD 42-1986, f. & ef. 10-17-86
CD 40-1985, f. & ef. 8-16-85
CD 3-1983, f. & ef. 1-20-83
CD 12-1982, f. & ef. 3-19-82
CD 7-1982(Temp), f. & ef. 1-29-82
CD 35-1978, f. 11-9-78, ef. 11-13-78

Or. Admin. R. 291-013-0055 Applicability of the Rules

(1) All employees shall be thoroughly familiar with the departmental guidelines of this rule.

(2) Those employees whose duties require them to be in both institutional and community situations shall be thoroughly familiar with all sections of this rule. Parole and probation officers shall follow the department’s rule on Use of Force (Community Corrections) (OAR 291-022) to provide guidance and direction in use of force incidents.

(3) If there is any question about specific equipment, procedures, etc., in a use of force situation, an employee shall be directed by the location of the situation, either in an institution or the community, rather than by distinctions concerning where he/she is duty stationed.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0065 General Provisions — Use of Force

(1) Employees are authorized to apply physical force when and to the degree that it reasonably appears necessary. Use of force will be authorized to maintain legitimate correctional objectives:

(a) For self-defense or defense of another person against an adult in custody by using reasonable force;

(b) To prevent the escape of an adult in custody from secure custody;

(d) To prevent or stop the serious destruction of property;

(e) To quell a disturbance;

(f) To overcome an adult in custody’s physical resistance to a valid order; or

(g) To prevent an adult in custody from injuring or killing themself or other persons.

(2) Physical force shall be employed when it reasonably appears that other alternatives are not feasible to the situation. When the use of force is justified, only the amount and type of force that reasonably appears necessary to accomplish the authorized objective shall be used. Force shall be de-escalated or terminated as soon as possible consistent with resuming and maintaining control of the situation.

(a) An employee shall consider all types and amounts of force available and begin with the lowest type and amount that is reasonable given the specifics of the situation.

(b) Non-force alternatives, such as talking an adult in custody into compliance, giving a warning, verbal command or demonstrating a show of force, should be used before actual physical force, if time and circumstances permit.

(c) Immediate use of physical force is authorized in circumstances in which warnings and other non-force alternatives, such as talking an adult in custody into compliance, are not reasonable or available to the employee.

(d) Employees may use physical force, to include control and compliance holds and hand-to-hand physical techniques, to restrict, immobilize, and attain control of the resisting adult in custody.

(e) Both the carotid hold and choke hold are prohibited except in self-defense or defense of another where there is no reasonable alternative and where the situation is a clear and immediate threat to life.

(3) Prior to the use of force when time and circumstances permit, the employee will warn the adult in custody that force will be used if they do not immediately comply with staff orders.

(4) An employee will exercise caution before the use of force, if time and circumstances permit, by performing the following:

(a) Evaluate the situation for the elements of risk;

(b) Report the situation to master control or a supervisor; and

(5) Use of force and subsequent restraints shall be used only for restraint and not for punishment.

(6) Intentional verbal harassment or public humiliation to provoke an adult in custody into a position that would justify the use of force is prohibited.

(7) Nothing in these rules is intended, or should be interpreted, as preventing an employee from taking reasonable measures to protect themself, to protect the lives of others, stop disturbances or escapes, or prevent serious destruction of state property.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 20-1995, f. 10-26-95, cert. ef. 11-1-95
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0070 Planned Use of Force

(1) The functional unit manager or designee will be contacted for authorization of the planned use of force involving firearms, batons, water hoses, electronic controldevices, specialty impact munitions, and chemical agents other than aerosol sprays.

(2) Any planned use of force shall be carried out under the personal direction of supervisory or higher-level staff, and only after consultation with and approval of the officer-in-charge. The officer-in-charge may be present when the use of force is employed if there is no anticipated danger of becoming a hostage.

(a) Chemical agents, electronic controldevices, batons, water force, or specialty impact munitions may be used prior to the arrival of the supervising employee if immediate use is essential to prevent and/or control death, serious injury, major disturbance or substantial destruction of property.

(b) If an employee is assaulted, the employee will not participate in a planned use of force, unless no other option is available; e.g., no other employees are readily available to participate in the planned use of force.

(3) A health care professional shall be contacted, if on duty at the facility, prior to the planned use of force to ensure medical assistance is readily available, if necessary, and to evaluate the adult in custody if the adult in custody is medically high risk.

(4) Adults in custody designated as SMI:

(a) If an adult in custody has been designated as SMI, the officer-in-charge shall consult with a BHS manager or designee before the planned use of force. If no BHS manager is on-site, the officer-in-charge will contact Medical Services, if available.

(b) Based on the circumstances and if time permits, the BHS manager or designee may evaluate the adult in custody prior to the application of force.

(5) Every planned use of force situation shall be videotaped, provided that time and circumstances permit.

(a) The video recording should include a briefing, the use of force incident, and debriefing. The video recording should not be stopped during the use of force incident.

(b) The original video recording will be stored by the functional unit in accordance with the approved retention schedules from the date of the incident, or the time stored will be extended until the resolution of pending or actual litigation, or as otherwise directed by the department’s legal counsel.

(c) A back-up video recordingwill be made and sent to the Office of the Inspector General. The Office of the Inspector General will store the back-up tape in accordance with the approved retention schedule.

(d) Back-up tapes will be returned to the originating facility for disposition. A use of force video recordingmay be released with the approval of the functional unit manager or designee.

(6) The commander shall authorize the type and amount of force used during any declared emergency at a facility except for reactive use of force.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 17-2015, f. & cert. ef. 10-26-15
DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0125
CD 20-1995, f. 10-26-95, cert. ef. 11-1-95
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0080 Reactive Use of Force

(1) Reactive use of force will be allowed for situations where time and circumstances do not permit prior approval by a supervisor, consultation or planning.

(2) Employees may use any available equipment or weapons to prevent the loss of life or serious bodily injury, if no other reasonable alternative or time is available.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020 & 423.030
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98

Or. Admin. R. 291-013-0100 Lethal Force

(1) Employees shall consider every reasonable means of control before resorting to the use of lethal force.

(2) Use of Lethal Force in Medium/Level 3 or Higher Security Facilities: Lethal force may be used when and to the extent that an employee reasonably believes it necessary:

(a) To prevent imminent serious bodily injury or death to one's self or another person.

(b) To prevent escape by an adult in custody from secure custody, whether inside or outside the secure perimeter of a Department of Corrections facility while the adult in custody is on department grounds.

(c) To prevent or stop a riot or other group disturbance by adults in custody where there is reason to believe an adult in custody poses a threat of escape or imminent serious bodily injury or death to another person.

(d) To prevent an unauthorized person(s) or motor vehicle(s) from attempting to breach the secure perimeter of a Department of Corrections facility in order to assist in an escape or insurrection by an adult(s) in custody.

(e) To prevent or stop extensive damage to property if, and only if, its loss or destruction would lead directly to escape or imminent serious bodily injury or death to another person.

(f) To prevent or stop an adult in custody or other person from setting or spreading fire to or within a building within the secure perimeter of a Department of Corrections facility, where there is reason to believe the fire poses a threat of serious bodily injury or death to another person.

(3) Any adult in custody moving toward an unauthorized motor vehicle or airborne craft, whether inside or outside the secure perimeter of the facility, shall be considered to be a potential escape attempt. Shots shall not be fired at an airborne craft in a flight over the perimeter, landing, on the ground, or taking off from the facility except in self-defense to one’s self or another person where the situation is a clear and immediate threat to life.

(4) Use of Lethal Force in Stand Alone Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an adult in custody from a stand-alone minimum security facility.

(5) Use of Lethal Force in Co-Located Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an adult in custody from a co-located minimum security facility if the staff member knows the adult in custody is classified as minimum custody.

(6) Use of lethal force in community situations; e.g., transport of an adult in custody, supervision of outside work crews, is covered under OAR 291-013-0215.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05
Renumbered from 291-013-0090,DOC 15-2004, f. & cert. ef. 11-2-04
Reverted to DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0155
DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0155
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0104 Security Equipment

(1) General Provisions:

(a) The Institutions Administrator will review all security equipment. The Director or designee shall approve all security equipment before it is issued and used as department authorized security equipment.

(b) Only department authorized and/or issued equipment shall be used to apply physical force to individuals.

(c) Security equipment shall not be issued to or used by an employee who has not been trained in the proper use of such devices.

(d) The above three sections (a) - (c) apply to all use of force incidents except for situations that require reactive use of force where there is a clear and imminent threat of death or great bodily injury, and where there is no other reasonable alternative.

(e) The storage and use of security equipment will be authorized by the Director through the appropriate functional unit manager.

(2) Security Restraints - General Use of Restraints:

(a) Security restraints are authorized to restrict, immobilize, and control the movement of an adult in custody.

(b) The routine use of security restraints is not a use of force within the context of these rules. Routine use of security restraints may include, but are not limited to, escorts or transportation of an adult in custody, and the use of out-of-cell restraints and secure program chairs. Circumstances in which an adult in custody has refused to be placed in security restraints, or has resisted after being placed in restraints, are considered use of force within the context of these rules.

(c) The use of out-of-cell restraints may be approved by the functional unit manager or designee when an adult in custody has a demonstrated history of staff assault or significant destruction of property. The use of out-of-cell restraints will be reviewed by the appropriate unit multi-disciplinary team at least weekly and the order will be discontinued by the functional unit manager or designee as appropriate.

(3) Restricting Movement:

(a) Security restraints may be used to restrain an adult in custody with the express approval of the officer-in-charge, upon a demonstration that the adult in custody is out of control and engaged in behavior which, if unrestrained could:

(A) Result in significant destruction of property;

(B) Constitute a serious health or injury hazard to the adult in custody or others; or

(b) Security restraints used to restrain an out-of-control adult in custody shall be terminated when the adult in custody has demonstrated behavior which would not result in the above three sections (A) – (C).

(c) Placing an adult in custody in security restraints or a restraint chair shall be considered a use of force within the context of these rules, except when placing an adult in custody in handcuffs/restraints for transportation or escort.

(d) Security restraints will not be placed around the neck or head, nor in any manner that restricts blood circulation or breathing.

(e) The hogtie method will not be used as a security restraint.

(f) Employees in general shall ensure that unnecessary pressure is not placed on the adult in custody’s chest, back or neck while applying restraints. Employees shall maintain close observation of a restrained adult in custody in order to detect breathing difficulties or loss of consciousness.

(g) While using the prone restraint position when the correctional objective is met, the adult in custody should be placed on their side or moved into a sitting position as soon as feasible. Employees will assess the adult in custody’s physical condition.

(h) Restrained adults in custody will never be transported on their stomach.

(i) An employee shall check at least every 30 minutes and verify security restraints are not causing obvious injury or an obvious medical problem when an adult in custody has been placed in restraints as a result of a use of force situation. Each check of the restraints will be documented. A copy of the documentation shall accompany the unusual incident report.

(j) The officer-in-charge shall evaluate the need to restrain an out-of-control adult in custody every two hours with written documentation for the reason(s) to continue or discontinue security restraints or restraint chair. The documentation shall accompany the use of force review documentation.

(k) The officer-in-charge will notify a health care professional immediately upon the application of security restraints or restraint chair.

(l) The health care professional, when notified, will perform the following:

(A) Evaluate the adult in custody's condition to verify the security restraints are not causing injury or an obvious medical problem;

(B) Evaluate the adult in custody's mental status and notify a qualified mental health professional, if necessary;

(D) Document the results of the evaluation; and

(E) Physically re-evaluate sections (A) – (D) above every two hours.

(m) Use of security restraints or restraint chair to restrain an out-of-control adult in custody will be documented and reported by the officer-in-charge to the functional unit manager or designee. The documentation shall accompany the use of force review documentation.

(n) Continued use of security restraints applied for a time period longer than eight hours, and every eight hours thereafter, shall require the written approval of the functional unit manager or designee in addition to the requirements of sections (j), (k), and (l) above.

(o) Continued use of the restraint chair for a time period longer than two hours, and every two hours thereafter, shall require the written or verbal approval of the functional unit manager or designee in addition to the requirements of sections (j), (k), and (l) above. The use of the restraint chair shall not exceed ten consecutive hours.

(p) Continued use of the restraint chair for a time period longer than two hours, and every two hours thereafter, during the transporting of an adult in custody shall require the verbal approval of the functional unit manager or designee. The use of the restraint chair shall not exceed ten consecutive hours during transport.

(A) The officer-in-charge of the transport shall ensure that observation of the adult in custody is maintained and documented on the Trip Documentation Sheet every 30 minutes. The officer-in-charge shall ensure that the adult in custody is evaluated by a health care professional once the final destination is reached.

(B) Placing an adult in custody in the restraint chair shall be considered a use of force within the context of these rules, except when the restraint chair is being utilized as additional seating for adults in custody during transfers.

(q) Therapeutic Restraints: The documentation, application, and use of therapeutic restraints will not be considered a use of force situation but shall be in accordance with the department’s rule on Therapeutic Restraints (OAR 291-071). Therapeutic restraints will be:

(A) Applied to an adult in custody only for medical or mental health treatment to limit the adult in custody’s movement; and

(B) Applied to an adult in custody only upon the documented verbal or written order of a physician, except in the absence of a physician, a registered nurse may authorize the application of therapeutic restraints for a period not to exceed one hour.

(4) Chemical Agents, Electronic Control Devices, Batons, Water Force and Specialty Impact Munitions:

(a) The use of chemical agents other than aerosol spray, electronic controldevices, batons, water force, and specialty impact munitions shall be authorized only by the functional unit manager or designee. The decision to use chemical agents, electronic controldevices, batons, water force, and specialty impact munitions shall be based on the level of force that, in the judgment of the functional unit manager or designee, is most likely to resolve the situation with the least amount of injury to all parties involved.

(b) The use of chemical agents, electronic controldevices, batons, water force, and specialty impact munitions may be used to subdue an adult in custody when the level of physical hands-on force required to subdue the adult in custody would potentially subject the employee, adult in custody or others to greater injury than would be incurred through the use of this security equipment.

(5) Use of Chemical Agents:

(a) The amount and type of chemical agent used and the means of dispersal shall be limited to that which is necessary to achieve the correctional objective and be used in accordance with the manufacturer’s instructions and departmental training.

(b) Prior to the use of any chemical agent, and where time and circumstances permit, the adult in custody against whom it is directed shall be warned chemical agents will be used.

(c) If possible, a chemical agent shall not be used against an adult in custody known to suffer cardio-vascular, convulsive or respiratory ailments.

(d) An employee recently assaulted by an adult in custody shall not approve or apply chemical agents to the particular adult in custody, unless there is no reasonable alternative.

(e) An adult in custody shall not be restrained or held for the sole purpose of rendering the adult in custody as a stationary target for a chemical agent. If chemical agents are administered to a handcuffed adult in custody, staff shall document the reason why the removal of the handcuffs was not feasible.

(f)Those affected by a chemical agent shall be permitted to wash their face, eyes, and other exposed skin areas, as soon as possible after the chemical agent has been used.

(g) Those exposed to a chemical agent in a closed area shall be permitted to move to an unaffected area as soon as possible after the chemical agent has been used.

(h) An adult in custody receiving a direct application of a chemical agent shall be under continuous staff observation for the first ten minutes.

(i) Clothing exposed to a chemical agent shall be removed as soon as feasible and clean clothing made immediately available.

(j) An adult in custody receiving a direct application of a chemical agent shall be examined by a health care professional as soon as feasible after the chemical agent has been used.

(A) The adult in custody shall then be observed approximately every ten minutes for the first 30 minutes after receiving the application of a chemical agent.

(B) All observations shall be documented with a date and time reference.

(k) An adult in custody receiving a direct application of a chemical agent shall be offered a shower as soon as time and circumstance allows.

(A) Staff shall document the date and time the shower was offered to the adult in custody, and any refusal to shower by the adult in custody.

(B) The documentation shall accompany the use of force review documentation.

(6) Use of Electronic Control Devices:

(a) Only agency approved electronic controldevices shall be used.

(b) Medical Considerations :

(A)As soon as feasible following each use of an electronic control device, the adult in custody shall be afforded medical examination and treatment.

(B) An electronic control device shall not be deployed if there is knowledge that the adult in custody is pregnant.

(C) If the electronic control device utilizes probes that penetrate the skin, the probes shall be removed when the adult in custody is under control. Medical staff, if on duty at the facility, shall remove the probes. Trained security staff may remove the probes if medical staff are not available or are unfamiliar with probe removal.

(D) If probes are embedded in soft tissue areas such as the head, neck, face and groin, removal shall be done by medical staff only.

(d) Prior to the deployment of an electronic control device, the supervisor and person assigned to be the operator shall have attended the approved departmental training on the operation and protocol associated with its use.

(7) Use of Specialty Impact Weapons:

(a) Specialty impact munitions are intended as a less lethal alternative to the use of deadly force. Use of specialty impact munitions shall be authorized by the functional unit manager or designee prior to deployment.

(b) After each use of specialty impact munitions, exposed adults in custody shall be examined by Health Services personnel.

(8) Firearms:

(a) The functional unit manager or designee will authorize the location and carrying of a department issued firearm on the grounds of a facility.

(b) A Transportation Unit officer or facility correctional officer may carry a firearm in the performance of their duties as authorized by the functional unit manager or designee and in accordance with the department policy.

(c) Prior to resorting to the use of firearms against an adult in custody or other persons, time and circumstances permitting, an employee shall first issue an appropriate warning to the adult in custody or other person in a readily understandable fashion. An appropriate warning may include, but is not limited to, one or more of the following:

(A) Shouting;

(B) Blowing a whistle;

(D) Firing a warning shot.

(d) The discharge of a firearm will be handled in accordance with the departmental policy. The State Police or local law enforcement officials shall be notified to investigate any discharge of a firearm except for training or negligent discharge where injury or significant property damage has not occurred. The external law enforcement investigation shall be separate from the full review.

(e) Any employee involved in the discharge of a firearm in a situation on duty shall immediately report the incident to the officer-in-charge.

(f) A warning shot is the least preferred method of warning. It should be used only in situations where other warning methods are not practical or effective, and when there is a target that is sufficiently large to minimize the risk of harm to others from a missed shot or ricochet.

(g) Time and circumstances permitting, an employee shall attempt to warn an adult in custody that is observed to be:

(A) Entering or inside a restricted security perimeter zone;

(B) Tampering with or cutting security perimeter equipment or fence/wall;

(D) Moving toward any motor vehicle or airborne craft in an obvious attempt to escape;

(E) Engaged in any other behavior that is a clear or obvious attempt to escape; or

(F) Engaged in any behavior that poses serious bodily injury or death to oneself or another person.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 12-2017, f. & cert. ef. 6-22-17
DOC 17-2015, f. & cert. ef. 10-26-15
DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05
Renumbered from 291-013-0090, DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98

Or. Admin. R. 291-013-0110 Bloodborne Pathogens

When a person has been exposed to blood or body fluid resulting from the use of force, standard universal precautions shall be implemented.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2015, f. & cert. ef. 10-26-15
DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0075
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0120 Injury, Death or Hostage

(1) Whenever an employee's use of force results in the serious injury or death of another, the employee shall be placed on leave until an investigation of the matter by the Inspector General and/or State Police can be concluded.

(2) Whenever an employee has been taken hostage, the employee shall be placed on leave with pay until medical and psychological clearance has been obtained.

(3) Any employee involved in or immediately exposed to a critical incident involving the serious injury, hostage or death of another shall be provided a critical incident stress debriefing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0085
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0130 Notifications

(1) Whenever force is used, a detailed written report shall be prepared. The Unusual Incident Report will be used as the primary document to report all use of force situations.

(2) All employees witnessing or directly involved in a use of force incident shall individually prepare and submit a written memorandum describing their involvement and observation regarding the incident. The memorandum will be attached to the Unusual Incident Report.

(3) A Use of Force – Preliminary Review Summary will accompany the Unusual Incident Report.

(4) Supervisory notification and authorization will be obtained prior to a planned use of force.

(5) The appropriate supervisor shall be notified by the involved employee(s) as soon as possible following a reactive use of force. The functional unit manager or designee will be notified immediately following any use of force incident.

(6) The Unusual Incident Report will be forwarded to the appropriate Institutions Administrator within five working days of the incident.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0095
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0140 Reviews

(1) General:

(a) Whenever staff employs force in response to an incident involving an adult in custody, a preliminary review of the use of force incident shall be conducted in accordance with the procedures established in these rules.

(b) A full review of a use of force incident shall be conducted by independent departmental review in accordance with the procedures established in these rules when requested by the Inspector General, or when the following circumstances exist:

(A) A person received a serious physical injury in the course of the use of force incident; or

(B) A firearm was discharged during the incident, as defined in the firearms section of OAR 291-013-0105.

(c) The Inspector General may decide if the full review process for the incident requires assembly of a departmental review team to conduct the full review, or order a separate investigation be conducted by a special investigator from the Investigations Unit.

(2) Preliminary Review:

(a) The officer-in-charge shall conduct a preliminary review of all use of force incidents within 48 hours of the incident.

(b) Staff involved in the use of force incident shall prepare, assemble and provide to the officer-in-charge all information and records that are relevant to the incident, including but not limited to reports, documents, videos, and photographs of involved persons and witnesses. Staff and/or adults in custody may be interviewed as necessary to clarify or obtain relevant information. The officer-in-charge shall review the information and records to ensure the documentation of the incident is complete.

(c) The officer-in-charge shall review the documentation for compliance with administrative directives and prepare a preliminary review report. The officer-in-charge shall forward the preliminary review report and supporting documentation to the Assistant Superintendent of Security/security manager, with one of the following recommendations:

(A) In compliance with administrative directives, requires only a preliminary review; and

(i) No further action is required; or

(ii) Further corrective action is required by the functional unit manager or designee to address perceived training, security, or other operational issues;

(B) In compliance with administrative directives, but requires a full review; or

(C) Not in compliance with administrative directives, but requires only a preliminary review because appropriate corrective action has been taken by the functional unit manager or designee; or

(D) Not in compliance with administrative directives and requires a full review.

(d) The Assistant Superintendent of Security/security manager shall review the preliminary review report and all supporting documentation and make any necessary modification or additions he/she deems necessary. The review shall include a preliminary review of the video footage and all associated reports. The preliminary review report and supporting documentation shall be forwarded to the functional unit manager.

(e) The functional unit manager shall review the preliminary review report and all supporting documentation and make any necessary modification or additions deemed necessary. The review shall include a preliminary review of the video footage and all associated reports. The functional unit manager shall document all corrective action taken. If the functional unit manager notes signs of excessive force, they shall notify the appropriate Institutions Administrator directly and provide necessary documents, so that there is no undue delay in initiating a full review or separate investigation. The functional unit manager shall make their recommendation on the preliminary review and forward the preliminary review and supporting documentation to the Institutions Administrator.

(f) The Institutions Administrator shall review the preliminary review report and supporting documentation. The Institutions Administrator may determine no further review is required. If the Institutions Administrator determines a full review is warranted, all relevant information will be forwarded to the Inspector General or designee for further review.

(g) All preliminary review reports and supporting documentation will be forwarded the Office of Inspector General for record retention.

(3) Full Review:

(a) When a full review of a use of force incident is requested by the Institutions Administrator and approved by the Inspector General or otherwise required under these rules, a departmental review team shall be assembled to conduct the full review, or a separate investigation shall be conducted by a special investigator from the Investigations Unit.

(b) The departmental review team shall include, at a minimum, a representative from Special Investigations assigned by the Inspector General and a representative from two separate functional units other than the functional unit in which the incident took place. The functional unit representatives may include a represented employee. The Special Investigations representative shall chair the review team and arrange for the appointment of the review team members in consultation with the functional unit managers.

(c) The departmental review team shall review the final preliminary review report and all supporting documentation for compliance with administrative directives.

(d) If any member of the review team deems it necessary or advisable to have additional staff or adult in custody interviews conducted, the review team chair shall arrange for an Investigations Unit employee(s) to conduct the interview(s).

(e) If the review team chair determines that a crime may have been committed in the course of the use of force incident, the review team chair shall contact the State Police or local law enforcement officials beforearranging for any additional interview(s), to determine if the law enforcement officials are conducting a criminal investigation regarding the incident, and if so, whether the additional interview(s) would interfere with the investigation.

(f) If advised that the interview(s) would interfere with a pending criminal investigation, the interview(s) shall be postponed until the criminal investigation has been concluded.

(g) Evaluation Report:

(A) After completing the review process, the review team shall prepare and submit its evaluation report to the Inspector General within 30 working days following completion of the full review.

(B) The report shall set forth the departmental review team’s determination whether the actions taken were in compliance with Department of Corrections administrative directive(s).

(C) If the review team finds evidence of noncompliance, it shall specify these findings and the rationale upon which the findings have been based in its report.

(D) The Inspector General shall review the report for completeness and forward it to the functional unit manager, appropriate Institutions Administrator, and Assistant Director of Operations for review and any necessary action.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0105
CD 20-1995, f. 10-26-95, cert. ef. 11-1-95
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0185 General Provisions

(1) An employee performing duties in the community will not participate in any planned use of force situations.

(2) An employee performing duties in the community will immediately contact the local law enforcement agency for a crime in progress or anticipated use of force to allow the law enforcement agency to resolve the situation.

(3) The local law enforcement agency will be the primary agency expected to resolve incidents in the community involving the use of force.

(4) An employee's decision to remain at the scene of a potentially dangerous situation in the community, or to become involved with cooperative efforts with the law enforcement agency will be based on safety and tactical judgments that exclude whether the employee is carrying a firearm.

(5) An employee shall always use the minimum force that is reasonably necessary to protect the employee or another person from bodily harm or restrain or subdue a resistant adult in custody, or prevent the escape of an adult in custody.

(6) Escalation to a higher level of force is permitted only when such a higher level of force is warranted by the actions, apparent intentions, and apparent capabilities of the adult in custody, suspect, or assailant.

(7) The use of force must be objectively reasonable under all the circumstances known to the employees at the time. The use of force may range from verbal commands to the use of lethal force. If the force other than lethal force reasonably appears to be sufficient to achieve the correctional objective, lethal force shall not be used.

(8) Lethal and non-lethal devices shall be concealed from the general public when and where appropriate. A device should not be inspected or handled in view of the public unless for an operational purpose.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0190 Off-Duty Situations

(1) Off-duty employees who observe a crime in progress or a fugitive should immediately contact the local law enforcement agency and allow the law enforcement agency to resolve the situation.

(2) Employees shall avoid using department issued equipment or role status to intervene in use of force situations when off duty; however, the Department of Corrections recognizes employees have citizen arrest powers and the right to intervene in crimes in progress.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0115
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0195 Protective Body Armor

(1) An employee shall wear department-issued body armor whenever the employee is armed, when accompanied by another employee that is armed, or when the employee has a chemical agent spray in the community.

(2) The functional unit manager shall approve any exception to the wearing of body armor.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0205 Chemical Agents

(1) Authorization to carry a chemical agent shall be authorized by the functional unit manager if a chemical agent is authorized.

(2) Authorization to carry department‑issued chemical agents shall be limited to the performance of official duties.

(3) Employees authorized to carry a chemical agent shall carry the chemical agent whenever:

(a) Protective body armor is worn; or

(b) A firearm is carried.

(4) An employee shall only discharge a chemical agent for the following:

(a) To defend himself/herself or another person from an animal attack.

(b) To defend himself/herself or another person from imminent danger.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0206 Electronic Control Devices

(1) Only agency approved electronic control devices shall be used.

(2) Use of an electronic restraint device for court appearances or transportation will be approved by the functional unit manager or designee.

(3) Medical Considerations:

(a)As soon as feasible following each use of an electronic control device, the adult in custody shall be afforded medical examination and treatment.

(b) An electronic control device shall not be deployed if there is knowledge that the adult in custody is pregnant.

(c) If the electronic control device utilizes probes that penetrate the skin, they shall be removed when the adult in custody is under control. If available, medical staff shall remove the probes. Trained security staff may remove the probes if medical staff are not available.

(d) If probes are embedded in soft tissue areas such as the head, neck, face and groin removal shall be done by medical staff only.

(4) Electronic control devices will not be used in conjunction with aerosol propelledchemical agents.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 15-2004, f. & cert. ef. 11-2-04

Or. Admin. R. 291-013-0215 Lethal Force

(1) Employees shall consider every reasonable means of control before resorting to the use of lethal force.

(2) Use of lethal force during transportation of adults in custody: An employee may use lethal force when transporting an adult(s) in custody to the extent that an employee reasonably believes it necessary to:

(a) Prevent imminent serious bodily injury or death to the employee or another person.

(b) Prevent the escape of an adult in custody classified as custody Level 3 or higher, of if the adult in custody is classified as custody Level 1 and 2 and is being transported with another adult(s) in custody who has been classified as custody Level 3 or higher.

(3) Use of lethal force when supervising custody Level 1 and 2 adults in custody engaged in work crews or other approved activities in the community: Supervisors of custody Level 1 and 2 adults in custody engaged in work crews or other authorized activities in the community are not authorized to use lethal force to prevent an escape. Lethal force may be used to prevent imminent serious bodily injury or death to the supervisor or another person.

(4) Prior to resorting to the use of lethal force against an adult in custody or other person, if feasible, the employee shall give a verbal warning from the imminent use of lethal force.

(5) A warning shot will not be used in the community before the use of lethal force. Other practical warning methods will be used, if time and circumstances permit, before using lethal force.

(6) Firearms will not be fired at or from a moving vehicle or airborne craft, except in self-defense or defense of another from the imminent use of lethal force.

(7) Firearms will not be used if innocent people are in the line of fire.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 6-2013, f. & cert. ef. 6-21-13
DOC 19-2008, f. & cert. ef. 8-7-08
DOC 15-2004, f. & cert. ef. 11-2-04
Reverted to DOC 14-1998, f. & cert. ef. 6-18-98
DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0225 Notifications

(1) Whenever force is used, a detailed written report shall be prepared. The Unusual Incident Report will be used as the primary document to report all use of force situations.

(3) A Use of Force – Preliminary Review Summary will accompany the Unusual Incident Report.

(4) Supervisory notification and authorization will be obtained prior to a planned use of force. The involved employee shall notify the appropriate supervisor as soon as possible following a reactive use of force. The functional unit manager or designee will be notified immediately following any use of force incident.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Or. Admin. R. 291-013-0235 Reviews

In addition to the requirements of OAR 291-013-0140, use of force reviews shall be required as follows:

(1) A preliminary review is required whenever an employee unholsters a firearm, but does not point the firearm at an individual.

(2) A full review is required whenever an employee unholsters a firearm and points the firearm at an individual.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2004, f. & cert. ef. 11-2-04
DOC 14-1998, f. & cert. ef. 6-18-98
CD 3-1995, f. & cert. ef. 1-19-95

Division 14 ARREST AND TRANSPORT

Or. Admin. R. 291-014-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to provide community protection by the apprehension and arrest of adults on supervision who engage in violation behavior or are subject to an arrest warrant. Arrest shall be made in the appropriate manner as prescribed by law (ORS 137.545; 144.331; 144.334, 144.350, 144.360, 144.610 and 144.613) and this rule.

History

Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075
DOC 20-2026, minor correction filed 06/08/2026, effective 06/08/2026
DOC 17-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 1-2014, f. & cert. ef. 1-14-14
DOC 18-2013, f. & cert. ef. 12-13-13
DOC 5-2006, f. & cert. ef. 7-24-06

Or. Admin. R. 291-014-0110 Definitions

(1) Adult on Supervision: Any person under the supervision of the Department of Corrections or a local community corrections office who is on probation, parole, post-prison supervision, any other form of temporary or transitional leave from custody, or any form of conditional release.

(2) Arrest: To place an adult on supervision under actual or constructive restraint or to take an adult on supervision into custody. [JV1]

(3) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county.

(4) Officer: An employee of the Department of Corrections as defined in ORS 181A.355(13).

(5) Reasonable Grounds: Exists when facts and circumstances within the officer’s knowledge are sufficient to justify a belief that a violation has occurred.

(6) Warrant: A written order made on behalf of the releasing authority or the court which commands the officer to arrest the adult on supervision.

History

Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075
DOC 17-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2016, f.& cert. ef. 4-29-16
DOC 1-2014, f. & cert. ef. 1-14-14
DOC 18-2013, f. & cert. ef. 12-13-13
DOC 5-2006, f. & cert. ef. 7-24-06

Or. Admin. R. 291-014-0120 Arrest

(1) An officer is authorized to make an arrest if the officer participates in a minimum of eight hours annual training in arrest procedures, use of restraints, and defensive tactics.

(a) The local state director shall create annual training requirements, which may exceed the minimum training requirements.

(b) An officer shall maintain certification in less than lethal force options.

(2) When a warrant has been issued for an adult on supervision by the releasing authority or the court, based on a violation of a release condition, the supervising officer shall cause the execution of any arrest warrant.

(3) In all other arrest cases, at least one of the following criteria must be met:

(a) Reasonable grounds that a violation(s) has occurred and is serious enough to warrant a recommendation of incarceration;

(b) The adult on supervision’s behavior constitutes a threat or danger to the community or to themselves.

History

Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075
DOC 17-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2016, f.& cert. ef. 4-29-16
DOC 1-2014, f. & cert. ef. 1-14-14
DOC 18-2013, f. & cert. ef. 12-13-13
DOC 5-2006, f. & cert. ef. 7-24-06

Or. Admin. R. 291-014-0130 Transport

(1) Transporting officer(s) will use Department of Corrections approved vehicles.

(2) Whenever possible, transports should be conducted in caged vehicles.

(3) When transporting an adult on supervision, refer to Attachment Transport Configurations for recommended positioning of adult(s) on supervision and officer(s).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075
DOC 17-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 5-2006, f. & cert. ef. 7-24-06

Division 15 VOLUNTEER SERVICES AND STUDENT INTERNS

Or. Admin. R. 291-015-0015 Recruitment

(1) To recruit a volunteer or student intern, a position description proposal will be written and submitted to the appropriate manager for approval.

(2) A position description proposal will be submitted by the manager to the volunteer coordinator who will secure a decision concerning approval.

(3) Volunteers and student interns who best meet program needs will be recruited from all ethnic, cultural, and economic segments of the community.

(4) Any volunteer or student intern who leaves the program will return his/her ID card to the volunteer coordinator.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1996, f. 2-26-96, cert. ef. 3-1-96
CD 26-1986, f. & ef. 8-20-86
CD 29-1980, f. & ef. 9-17-80
CD 16-1978, f. 8-17-78, ef. 8-18-78

Or. Admin. R. 291-015-0025 Orientation and Training

(1) Training: Volunteers and student interns will be required to complete the Department of Corrections core training program for volunteers.

(2) Facility orientation(s) will be coordinated by the volunteer coordinator including, but not limited to, the following:

(a) Functional unit safety and security procedures;

(b) Fire safety and emergency evacuation plan;

(d) Supervisor’s name and line of authority;

(e) List of primary rules and procedures associated with services provided;

(f) Time and place to report for service and whom to call when unable to report for duty; and

(g) Walk through the facility for familiarization.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1996, f. 2-26-96, cert. ef. 3-1-96
CD 26-1986, f. & ef. 8-20-86
CD 10-1985, f. & ef. 7-31-85
CD 29-1980, f. & ef. 9-17-80
CD 16-1978, f. 8-17-78, ef. 8-18-78

Or. Admin. R. 291-015-0100 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075

(2) Purpose: The purpose of this rule is to establish policy that will help the department fulfill its volunteer goals:

(a) To foster a respected and recognized volunteer community of appropriate size and quality that is capable of serving the rehabilitative, religious/spiritual, and other correctional needs of inmates from incarceration to reentry back to the community; and

(b) Provide support to staff in furtherance of the mission of the department.

(3) Policy:

(a) It is the policy of the Department of Corrections to utilize volunteers and student interns with appropriate training, guidance, and supervision as a means to enhance programs and further the mission of the department.

(b) Volunteers serve at the pleasure of the department and are not considered employees.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Or. Admin. R. 291-015-0105 Definitions

(1) Affiliation: An organization; such as a school, college, university, agency, faith group, spiritual group, 12-step program, non-profit corporation or foundation, or similar type organizations, that has defined structure and recognition as a legitimate organization in the community.

(2) Department Supervisor: A Department of Corrections employee who is responsible for the activities and programs provided by volunteers.

(3) Endorser: An official of the volunteer’s affiliation who has the authority to certify that the volunteer is endorsed by that group to provide services for inmates. If the volunteer is the endorser for his/her affiliation, another official of the affiliation must provide the endorsement.

(4) Functional Unit: Any organizational component within the department responsible for the delivery of services or coordination of programs.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for the delivery of services or coordination of program operations.

(6) LEDS: Law Enforcement Data System.

(7) Local State Director: A person with the Department of Corrections who reports to the Chief of Community Corrections and has responsibility for managing a state community corrections office with a particular county.

(8) Programs: Activities such as religious services, education classes, self-help meetings, treatment programs, and clubs (if any) that are established solely at the discretion of the department to meet its needs and those of the inmates.

(9) Program Manager: A Religious Services management employee assigned to oversee, manage, and conduct the volunteer program of the department.

(10) Student Intern/Practicum: An approved student in a college or university who, as part of an academic program, donates time and effort to enhance the mission, activities and programs of the department and to further his/her professional development. Student interns may be stipend or non-stipend. For purposes of these rules, wherever the term ”volunteer” is used, it shall also apply to student interns.

(11) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities and programs of the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Or. Admin. R. 291-015-0110 Program Supervision

(1) Religious Services is responsible for the establishment, development and management of the overall structure and operation of the volunteer program for volunteers working inside department facilities or assisting with transition from prison to the community.

(2) The local state director or designee will designate a volunteer coordinator to oversee volunteers and student interns for Community Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Or. Admin. R. 291-015-0115 Recruitment

(1) Prospective volunteers who best meet program needs will be recruited from all ethnic, cultural, gender and economic segments of the community.

(2) Recruitment will be based on the needs of inmates, offenders, functional units, and the availability of staff to supervise volunteers.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Or. Admin. R. 291-015-0120 Selection

(1) A prospective volunteer must complete an application and undergo a background check. The department holds the ultimate authority to approve or deny a volunteer application. A volunteer must be:

(a) A USA citizen, legal resident, or in the country on a valid visa.

(b) At least 18 years old, unless there will be no interaction between the volunteer and inmates.

(2) Security Clearance: The purpose of clearance is to ensure not only the safety and security of department facilities, but also to ensure that volunteers are appropriate role models for inmates and offenders. To become a volunteer, an individual must clear the following criteria:

(a) LEDS: To clear LEDS, the volunteer must have:

(A) No outstanding warrants or pending criminal charges.

(B) No misdemeanor convictions in the past two years. No felony convictions or incarcerations in the past five years, or two years for certain volunteer programs. The functional unit manager may on a case-by-case basis approve an individual with no felony convictions or incarcerations in the past three years.

(C) No convictions for introduction or supplying contraband as defined in ORS 162.185; or possession, control or delivery of an explosive device or substance; or assisting an inmate to escape or unlawful departure from a correctional facility, including attempt or conspiracy of any of the above.

(D) Current (less than a year old) LEDS clearance is required for all volunteers.

(b) Driving record: The volunteer may not have been convicted of Driving Under the Influence of Intoxicants (DUII) in the past two years or Driving While Suspended (DWS) in the last year. The number and type of other driving offenses or convictions may be considered in determining if the volunteer is a good role model for inmates and offenders.

(c) Persons with Prior Criminal Convictions: Prospective volunteers with prior felony or misdemeanor convictions who meet the above listed criteria may be approved when the following additional criteria have been met:

(A) May be under supervision, but must have no parole or probation violations in the past two years, or one year for certain volunteer programs, and approval of his/her parole officer.

(B) A prospective volunteer with a prior criminal conviction who performs services inside a correctional facility must have the approval of the facility functional unit manager at each facility where the service will be provided.

(d) Additional requirements may be established by department policy.

(3) Prospective volunteers must disclose on their volunteer application any connection to department inmates such as friends, neighbors, co-defendant, and relatives. If the prospective volunteer is a crime victim, he/she must disclose the name of the inmate or offender who committed the crime.

(4) A prospective volunteer must complete a volunteer/intern application. Failure to provide all requested information or sign all forms included in the application will result in volunteer status being denied.

(5) Employees, ex-employees not terminated for cause, retired employees, other agency staff, and contractors may serve as volunteers with the concurrence of the facility functional unit manager where the volunteer is to provide services. The employee’s volunteer activities must be substantially different from the employee’s job responsibilities. The differentiation must be noted in the position description.

(6) A prospective volunteer recommended to the department from an endorser will be interviewed by the department supervisor. A prospective volunteer who does not have an affiliation or endorser may be granted volunteer status with the approval of the program manager or designee.

(7) A student intern shall be recommended to the department by the appropriate official of the school, training program, mentorship, apprenticeship, college, or university where the intern is enrolled.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Or. Admin. R. 291-015-0125 Training and Orientation

(1) Approved volunteer training is required for all volunteers.

(2) Functional unit orientation will be provided by the department supervisor or designee to whom the carded-volunteer has been assigned.

(3) Facility orientation will be provided for those volunteering inside a correctional facility.

(4) In-service training and other training may be offered periodically.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Or. Admin. R. 291-015-0135 Utilization

(1) Volunteers shall not be placed in positions of authority over department employees or contractors.

(2) Volunteers shall not perform professional services requiring certification or licensing unless the volunteer program manager or designee verifies the validity of the license.

(3) Volunteers shall be treated with the same respect as staff and recognized as having unique roles that differ from, but are complimentary to staff roles.

(4) Volunteers shall follow department rules and policies.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2010, f. & cert. ef. 11-19-10
DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11
DOC 7-2004, f. & cert. ef. 8-9-04

Division 16 FACILITY ACCESS

Or. Admin. R. 291-016-0010 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to specify the security requirements for persons, vehicles, tools, equipment and supplies to gain access to Oregon Department of Corrections facilities.

(3) Policy: It is the policy of the Department of Corrections to control access into and out of facilities which physically house inmates in order to maintain the security, sound order, or discipline of the facility. All persons enter a facility at their own risk and will be required to meet the security and control measures enforced at the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0020 Definitions

(1) Authorized Staff: Employees of the Department of Corrections, and employees of the State Board of Parole and Post-Prison Supervision and Oregon Corrections Enterprises, who are assigned to work in or at a public building owned or occupied by the department.

(2) Concealed Handgun License (CHL): A current and valid Oregon Concealed Handgun License issued by the employee’s county of residence in accordance with ORS 166.291 and 166.292.

(3) Contractor: Any person under contractual arrangement to provide services to the Department of Corrections.

(4) Employee: Any person employed full time, part time or under temporary appointment by the department.

(5) Facility: The building and grounds area operated by a functional unit which physically houses inmates.

(6) Facility Access: The designated location in a facility which is the only authorized entrance (except as authorized by the functional unit manager or designee) and exit for persons desiring access into or out of the perimeter of the facility.

(7) Facility Visitor: Any person authorized access inside the secure perimeter of a facility who is not a department employee, contractor, volunteer, other agency liaison or who is not an inmate visitor at the facility.

(8) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(9) Functional Unit Facility: A term used to declare any Department of Corrections facility in which a functional unit person performs his/her duties or services.

(10) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director or an administrator and has responsibility for the delivery of program services or coordination of program operations.

(11) Functional Unit Person: Any employee, contractor, approved carded volunteer, or other agency liaison assigned to work or provide services at a functional unit facility.

(12) Identification Card (ID Card): A picture identification card authorized by the Department of Corrections and issued to a department employee, contractor, volunteer or other agency liaison.

(13) Inmate Visitor: A person approved by the functional unit manager or designee to visit an inmate who resides in a facility.

(14) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(15) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises. For the purposes of this rule only, employee shall also include any person under contractual arrangement to provide services to the agency; any person employed by private or public sector agencies who is serving under agency-sanctioned special assignment to provide services or support to agency programs.

(16) Other Agency Liaison: Employees from other state and local agencies that have ongoing business needs serving inmates and employees of the department. These employees include, but are not limited to, county parole and probation officers and state police detectives.

(17) Personal Handgun: A handgun possessed by an authorized staff member. “Handgun” includes any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.

(18) Reception Center (Inmate): The designated location(s) in a facility which is designed for transport officials to deliver or pick up an inmate housed in a functional unit.

(19) Reception Center (Public): The designated location(s) in a facility designed to control access for persons to enter the general inmate population area(s).

(20) Secure Perimeter: A manufactured structure (usually a fence or wall) that encloses a portion of the grounds and buildings and is designed to control entry or exit within the enclosure. The manufactured structure may use electronic detection for intrusion, doors and/or gates for entry and exit, lighting for visibility, and other physical restrictions such as razor ribbon, no climb fencing, and buried concrete curbing.

(21) Vehicle: A vehicle that is self-propelled and commonly known as a passenger car, van, truck or motorcycle.

(22) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities, and programs of the department. A carded volunteer has completed a volunteer application, volunteer training, facility orientation, and functional unit orientation, and has been approved by a functional unit manager or his/her designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2015, f. & cert. ef. 10-20-15
DOC 7-2015(Temp), f. & cert. ef. 7-1-15 thru 12-27-15
DOC 23-2014, f. & cert. ef. 12-3-14
DOC 17-2014(Temp), f. & cert. ef. 7-2-14 thru 12-3-14
DOC 14-2014(Temp), f. 6-5-14, cert. ef. 6-6-14 thru 12-3-14
DOC 10-2006, f. & cert. ef. 10-9-06
DOC 12-2000, f. & cert. ef. 6-19-00
DOC 24-1999(Temp), f. & cert ef. 12-22-99 thru 6-19-00
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0030 General Guidelines

(1) Access to the facility and its grounds will be controlled to maintain security, sound order, or discipline.

(2) Access to the facility and its grounds will be granted to persons not assigned to the facility for official business, operational necessities, and other activities as approved by department directives or the functional unit manager or designee.

(3) Access to all facilities for persons will be through the facility access location as specified by the functional unit manager or designee.

(4) All persons entering the facility will be required to comply with department directives.

(5) No person will leave or carry onto the grounds of the facility explosive devices, firearms, ammunition, alcoholic beverages, narcotics, dangerous drugs, and objects or material of any kind which might be used to compromise the security, sound order, or discipline of the facility, except as provided in the section (6) below.

(6) Drug detection dog handlers are authorized to possess and use search and training aids (i.e., controlled substances including, but not limited to marijuana, heroin, cocaine, and methamphetamines) within and outside the department's correctional facilities in the course of performing drug searches and training assignments.

(7) Physical welfare cannot be guaranteed since there is an inherent risk for violence in a prison environment.

(8) All persons entering the facility will be subject to screening devices similar to metal detectors. All inmates, employees, volunteers and visitors confined, working or visiting will be subject to search of their persons, living units, work areas, vehicles, possessions and other property as specified in the Department of Corrections rule on Searches (Institutions) (OAR 291-041).

(9) All persons entering the facility will be required to provide sufficient information for the functional unit to review criminal history and background. Any persons may be denied access to a facility if it would compromise the security, sound order, or discipline of the facility.

(10) All persons entering the facility will be required to possess and present on demand adequate identification as defined in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) or the policy on Identification Cards #20.5.15.

(11) All persons entering the facility, other than the employees assigned to work at that facility or OCE employees assigned to work at that facility, will be required to complete the appropriate facility register.

(12) All persons entering the facility will be required to meet the appropriate dress code as specified in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) or the policy on Dress Code #20.1.6.

(13) All facility visitors, except department and OCE employees, carded volunteers, contractors, and other agency liaison, will be under the continual supervision of a functional unit person, unless no supervision has been authorized by the functional unit manager or designee or department directive.

(14) No exchange of material or conversation will be permitted between an inmate and a visitor entering the facility or grounds except as authorized by the functional unit manager or designee.

[ED. NOTE: Attachment referenced is available from the agency.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2006, f. & cert. ef. 10-9-06
DOC 12-2000, f. & cert. ef. 6-19-00
DOC 24-1999(Temp), f. & cert ef. 12-22-99 thru 6-19-00
CD 13-1993, f. 5-12-93, cert. ef. 6-1-93
CD 3-1993(Temp), f. & cert. ef. 2-4-93
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0040 Employee Access

(1) The Department employee ID card will grant access to its authorized holder to any Department of Corrections functional unit or facility to perform required Department duties.

(2) An employee will be granted unrestricted access to his/her assigned functional unit facility(ies) to perform required Department duties.

(3) An employee will be granted access to a facility other than his/her assigned facility(ies) to perform required Department duties. The employee will perform the following:

(a) Present his/her Department ID card at the facility entrance and/or reception center;

(b) Complete the Facility Access Register (CD 52a);

(d) Place the time of departure and initial the Facility Access Register before leaving the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2006, f. & cert. ef. 10-9-06
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0045 Oregon Corrections Enterprises Employee Access

(1) The OCE employee ID card will grant access to its authorized holder to any Department of Corrections functional unit or facility to perform required agency duties.

(2) An OCE employee will be granted unrestricted access to his/her assigned functional unit facility(ies) to perform required agency duties.

(3) An OCE employee will be granted access to a facility other than his/her assigned facility(ies) to perform required agency duties. The employee will perform the following:

(a) Present his/her Oregon Corrections Enterprises ID card at the facility entrance and/or reception center;

(b) Complete the Facility Access Register (CD 52a);

(d) Place the time of departure and initial the Facility Access Register before leaving the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2006, f. & cert. ef. 10-9-06
DOC 12-2000, f. & cert. ef. 6-19-00
DOC 24-1999(Temp), f. & cert ef. 12-22-99 thru 6-19-00

Or. Admin. R. 291-016-0050 Contractor, Volunteer, and Other Agency Liaison Access

(1) The department contractor, volunteer, or other agency liaison ID card will grant access to its authorized holder to the assigned functional unit or facility(ies) to perform required Department duties and/or activities.

(2) The contractor, volunteer, or other agency liaison will perform the following:

(a) Proceed through the metal detector or similar device and meet security and dress standards as required by department directives (except police officers and parole and probation officers with proper identification will not be required to proceed through the metal detector;

(b) Present his/her Department ID card at the facility entrance or reception center;

(d) Present his/her Department ID card on the upper chest area while at the facility; and

(e) Place the time of departure and initial the Facility Access Register before leaving the facility.

(3) Steps (a) through (e) above may be waived individually or collectively by authorization of the facility functional unit manager.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2006, f. & cert. ef. 10-9-06
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0060 Facility Visitor Access

(1) The facility reception center will maintain sufficient quantities of “facility visitor” ID cards. The facility visitor ID cards will be red in color and numbered in sequence.

(2) The facility visitor ID card will be worn by the facility visitor entering the secure perimeter.

(3) The Visitor Authorization form (CD 451) will be used to authorize persons for official business for tours, meetings, repair service, estimates, consultation and other operational necessities.

(4) A Visitor Authorization form will be completed to authorize the entry of a facility visitor into the secure perimeter. Names on the form will be listed by last name first, first name last, and in alphabetical order.

(5) The Visitor Authorization form will require the authorization signature of a functional unit manager or designee.

(6) The Visitor Authorization form will be routed to the reception center (public) prior to the designated time of the visit.

(7) The facility visitor will perform the following:

(a) Proceed through the metal detector or similar device and meet security and dress standards as required by the functional unit facility. Police officers and parole officers with proper identification will not be required to pass through the metal detector, however, they will be required to follow all of steps (b) through (g) below;

(b) Complete the Facility Access Register (CD 52a);

(c) Provide his/her drivers license or other suitable photo identification as a deposit to the reception center. Police officers and parole officers will be required to provide their professional police officer and parole officer identification. Police officers and parole officers may be requested to provide a phone number or contact person for verification purposes;

(d) Obtain a facility visitor ID card at the reception center;

(e) Display the facility visitor ID card on the upper chest area while at the facility;

(f) Remain under the supervision of the functional unit person, (escort) authorized by the functional unit manager or designee, while inside the secure perimeter; and

(g) Return the facility visitor ID card to the reception center, obtain his/her deposited photo identification, and place the time of departure and initial the Facility Access Register before leaving the facility.

(8) The use of the metal detector or similar device may be waived individually or collectively by authorization of the facility functional unit manager.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2006, f. & cert. ef. 10-9-06
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0070 Inmate Visitor Access

An inmate visitor will be granted access as specified in the Department of Corrections rule on Visiting (Inmate).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0080 Transport Access (Law Enforcement Officials)

(1) Official(s) transporting an inmate(s) will be directed to secure all weapons and ammunition in the weapons locker (usually located outside of buildings) or in his/her transport vehicle if a weapons locker is unavailable.

(2) Official(s) will be given directions for access into the facility reception center (inmate).

(3) The identification of the official(s), if unknown, will be verified. If a problem prevents possible identification of the official(s), direct contact with the official’s agency will be made to clarify discrepancies. The officer-in-charge of the facility will be contacted if an identification problem cannot be cleared through the official’s agency.

(4) The reception center employee(s) will provide supervision and directions to the official(s) while inside the facility. The directions will include instructions for access out of the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0090 Vehicle Access

(1) A vehicle(s) not assigned to the facility, but having official business on the grounds or inside the secure perimeter, will be granted access as authorized by the security manager or designee.

(2) A vehicle(s) assigned to the facility will be granted access inside the secure perimeter as required for facility operations and authorized by the security manager or designee.

(3) A vehicle entering or exiting the secure perimeter will be searched prior to actual entry and exit by a functional unit employee for contraband and unauthorized personnel. The vehicle search will be conducted inside a vehicle sally-port if available at the facility.

(4) An emergency vehicle(s) authorized by the security manager or designee that enters or exits the secure perimeter will be expedited by a quick visual search to verify authorized individuals and equipment.

(5) A vehicle log shall be maintained by a facility to record all vehicles that enter and exit the secure perimeter.

(6) A vehicle entering the secure perimeter will be assigned a functional unit employee to provide continual surveillance for the vehicle until exit of the perimeter has been accomplished.

(7) A vehicle will remain inside the secure perimeter only as long as required to accomplish the intended purpose.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0100 Tool and Equipment Access

(1) All tools and equipment that enter or exit the facility's secure perimeter require approval of the security manager or designee.

(2) Electronic Devices:

(a) A person will not be allowed to bring in a personal cellular phone, pager, laptop computer, personal digital assistant or other electronic communication device beyond the control point of a correctional facility unless specifically authorized by the security manager or designee. The functional unit manager shall designate the control point of the correctional facility.

(b) Department staff may bring in department-issued electronic two-way communication devices (e.g., pager, cellular phone, personal digital assistant, etc.) beyond the control point of a correctional facility when such devices are necessary for the staff member to perform official duties. Department staff must declare the two-way communication device on the Facility Access Register (CD 52a).

(c) Investigators from the Oregon State Police are permitted to bring state-issued cell phones and pagers beyond the control point of a correctional facility while conducting official business without prior authorization from the security manager or designee.

(d) Any other electronic devices not covered in sections (a) through (c) that enter a correctional facility beyond the control point require approval of the security manager or designee.

(3) All tools and equipment will be searched for contraband prior to entry and exit of the secure perimeter.

(4) All tools and equipment that enter the secure perimeter on a temporary basis will be inventoried prior to entry and reinventoried before exit from the facility. Any discrepancies with the reinventory will be immediately reported to the security manager or designee.

(5) All tools and equipment that enter the secure perimeter on a temporary basis will be under continual surveillance by a functional unit employee while inside the facility or locked in a secure area.

(6) Tools and equipment that enter or exit a facility with no secure perimeter will be granted access as authorized by the security manager or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2006, f. & cert. ef. 10-9-06
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0110 Supply Access

(1) All supplies that enter a facility’s secure perimeter will require approval of the security manager or designee.

(2) Supplies will be searched for contraband (except sealed containers) prior to entry or exit of the secure perimeter. Sealed containers may be opened for inspection. Any item large enough to conceal a person will be searched before leaving the secure perimeter.

(3) Supplies that enter or exit a facility with no secure perimeter will be granted access as authorized by the security manager or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 26-1992, f. 12-11-92, cert. ef. 1-2-93

Or. Admin. R. 291-016-0120 Possession and Storage of Personal Handguns at Facilities Owned or Occupied by the Department of Corrections

(1) In accordance with 2015 Or Laws, Ch 246, authorized staff of the Department of Corrections, Oregon Board of Parole and Post-Prison Supervision, and Oregon Corrections Enterprises may possess and store a personal handgun and ammunition in their personal vehicle when the vehicle is parked in a department parking lot at a Department of Corrections facility only if the authorized staff:

(a) Has a valid concealed handgun license issued pursuant to ORS 166.291 and 166.292; and

(b) Has secured the handgun and ammunition in a closed and locked container designed for the storage of a firearm inside a vehicle.

(2) Use of Department Storage Facilities Required Where Provided: If the department has provided a secure and locked location for authorized staff to store their personal handgun and ammunition at a Department of Corrections facility, the authorized staff must promptly store the personal handgun and ammunition in the storage location designated by the department, and not in their personal vehicle.

(3) Ammunition: Authorized staff who bring personal handguns to a Department of Corrections facility in accordance with these rules may possess and store with their personal handgun only that amount of ammunition that the personal handgun is designed to hold plus two additional magazines or speed loaders.

(4) Under no circumstance may an authorized staff member carry a personal handgun within the secure perimeter of the correctional facility, unless authorized by the correctional facility’s confidential procedure in order to securely store the staff member’s personal handgun.

(5) Personal handguns shall not be carried or used during the performance of official duties.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2015, f. & cert. ef. 10-20-15
DOC 7-2015(Temp), f. & cert. ef. 7-1-15 thru 12-27-15
DOC 23-2014, f. & cert. ef. 12-3-14
DOC 17-2014(Temp), f. & cert. ef. 7-2-14 thru 12-3-14
DOC 14-2014(Temp), f. 6-5-14, cert. ef. 6-6-14 thru 12-3-14

Division 19 TRANSFER (COMMUNITY CORRECTIONS)

Or. Admin. R. 291-019-0100 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.525(6).

(2) Purpose: The purpose of this rule is to establish the procedure by which adults on supervision are transferred between county community corrections agencies.

(3) Policy: It is the policy of the Department of Corrections that supervision is provided by the community corrections agency in the person’s county of residence and that they shall comply with the standard conditions of supervision requiring them to obtain permission from the supervising officer before moving between counties.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, amend filed 08/08/2022, effective 08/08/2022
CD 27-1997, f. & cert. ef. 11-26-97

Or. Admin. R. 291-019-0110 Definitions

(1) Adult on Supervision: Any person under the supervision of a local community corrections agency who is on probation, leave, parole, or post-prison supervision.

(2) County of Residence: County in which the adult on supervision lives and sleeps.

(3) Emergency Reporting Instructions: For sex offender cases, reporting instructions provided by the receiving county when a documented emergency exists requiring an expedited transfer. Parameters for emergency reporting are a documented immediate threat to victim(s) or the adult on supervision or a documented “other” emergency.

(4) EPR: The probation or parole record on the Law Enforcement Data System (LEDS).

(5) Funded Misdemeanor: Any person on supervision for a misdemeanor crime that is funded in accordance with ORS 423.478.

(6) New Case: A new case is any case where the adult on supervision has been supervised for less than 30 calendar days by the county of conviction and where the adult on supervision is not being supervised by any other county community corrections agency at the time of conviction. This includes those who: (a) have been sentenced to probation and released from jail as a condition of probation with no pending criminal issues or (b) are received and released from a new local control incarceration sentence where the time between conviction and release is less than 30 calendar days. New cases that fail to appear for intake and are closed to abscond in CIS can only be transferred through formal transfer processes after violation procedures have been initiated and all reports have been submitted unless resolution occurs within the first 30 calendar days from conviction.

(7) Officer: A probation and parole officer employed by or under the direction of the court, the county, or the state.

(8) Releasing Authority: Department of Corrections, courts, Board of Parole and Post-Prison Supervision, or the local supervisory authority.

(9) Receiving County: The county community corrections agency being requested to accept the supervision of an adult on supervision.

(10) Reporting Instructions: For new cases, reporting instructions indicate when and where an adult on supervision is to report to the receiving county and are provided to the adult on supervision by the sending county via written action plan or change contract.

(11) Residence: For the purposes of this rule, a residence is where the adult on supervision is currently residing and where they express a desire to remain. This includes transient living quarters, fishing boats, and other non-traditional situations, providing that they have the ability to remain in those living quarters for a minimum of 30 calendar days.

(12) Sending County: The county community corrections agency requesting to transfer the supervision of an adult on supervision to another jurisdiction.

(13) Transfer: An adult on supervision is considered transferred when responsibility for their supervision is accepted by the receiving county. Assignment of a case to a different parole or probation officer within the same county by administrative action is not a transfer.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2022, minor correction filed 12/15/2022, effective 12/15/2022
DOC 6-2022, amend filed 08/08/2022, effective 08/08/2022
DOC 13-2011, f. & cert. ef. 7-15-11
DOC 11-2001, f. & cert. ef. 4-5-01
CD 27-1997, f. & cert. ef. 11-26-97

Or. Admin. R. 291-019-0120 General

(1) Prior to a supervising officer granting an adult on supervision permission to move to another county, the adult on supervision must present a plan which considers:

(a) Public safety; and

(b) The county which can provide the most effective means of supervising the adult on supervision in accordance with conditions as set by the releasing authority (e.g., treatment, stable housing, employment, or legitimate source of income).

(2) Nothing in this rule prohibits counties from engaging in an agreement with other counties that is mutually satisfactory regarding the transfer of cases.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, amend filed 08/08/2022, effective 08/08/2022
CD 27-1997, f. & cert. ef. 11-26-97

Or. Admin. R. 291-019-0200 Cases Not Requiring Transfer Request and Corresponding Responsibilities

(1) New Cases: New cases are not subject to the transfer process.

(2) If, at the time of sentencing, the adult on supervision resides in a county other than the county of conviction, the office serving the county of residence shall assume supervision without requiring any transfer investigation from the sending county.

(3) Ninety-day Rule: If an adult on supervision, whose residence is in another county, is sentenced by court order to less than 90 calendar days in jail, the case will be transferred to the office in the county of residence. If an adult on supervision is sentenced to 90 days or more, the case will be held by the county of conviction until released from jail at which time the case will be handled as a new intake in the county of residence upon verification of residence.

(4) In situations described in sections (2) and (3) above, it is the responsibility of the sending office to (1) obtain reporting instructions from the receiving county and (2) ensure that the court order and police report, when available, are sent to the receiving county.

(5) Six-Month Rule: In the last six months of supervision, and when an adult on supervision is in compliance, other options should be considered (i.e., earned discharge, early termination, bench probation, low or limited supervision level, inactive or unsupervised status) before attempting to transfer.

(6) The serving of a local control incarceration sentence under the legal or physical custody of the local supervisory authority, including any alternative forms of custody, is not subject to transfer under this rule.

(7) The supervision of a non-funded misdemeanor is not subject to this rule unless the non-funded misdemeanor is accompanied by a felony or funded misdemeanor. If funded misdemeanors or felony cases expire, leaving only a non-funded misdemeanor open, supervising counties cannot automatically transfer the adult on supervision back to the convicting county outside of the transfer process.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, adopt filed 08/08/2022, effective 08/08/2022

Or. Admin. R. 291-019-0205 Transfer of Sex Offender Supervision Between Community Corrections Agencies: Standards for Request and Acceptance

(1) Requests:

(a) Emergency Reporting Instructions: Under no circumstances shall a probation or parole officer allow a sex offender to move to a new county without first applying for and receiving emergency reporting instructions.

(A) If a sex offender meets the documented parameters for emergency reporting instructions, the sending county must provide emergency reporting information to the receiving county. The receiving county has up to five days to reply. Once the receiving county has accepted the adult on supervision on an emergency basis, a transfer packet must be sent to the receiving county.

(B) If parameters for emergency reporting instructions do not apply, then the adult on supervision must remain in the sending county until a full transfer investigation is completed.

(b) Transfer Investigation: In all cases involving the transfer of the supervision responsibility for sex offenders, the sending county shall ensure that the following information is up to date and accurate in the adult on supervision’s file and, where applicable, in the Corrections Information System (CIS), Offender Management System (OMS), and LEDS EPR prior to making the investigation request:

(A) Name: Last, first, and middle;

(B) Date of birth;

(C) SID Number: If none is available, the sending county shall submit a fingerprint card to the State Identification Bureau prior to transfer in accordance with OSP regulations to ensure prints are accepted and an SID can be issued;

(D) Crime(s);

(E) County(ies);

(F) Sentencing data including county, docket numbers, and expiration date for each case;

(G) History or risk score according to the Public Safety Checklist or PROXY;

(H) Date of request to transfer;

(I) Special Conditions: List all special conditions including specific dollar amounts for restitution, community service hours, and any other conditions requiring specificity;

(J) Residence: Provide a complete address; rural addresses should include specific directions on location of the residence as well as a description;

(K) Conformance: Note any non-compliance with either the general or special conditions of supervision. Reflect the exact amount of any financial obligations owed to date and any other pertinent information.

(L) Court orders, or parole or post-prison supervision order;

(M) Sex offender evaluation (if available);

(N) Presentence investigation or police reports;

(O) Completed sex offender risk assessment; and

(P) Most recent treatment progress report or treatment discharge report.

(2) Acceptance or Rejection:

(a) The receiving county must complete the investigation and respond to the sending county within 30 calendar days of submission by the sending county.

(b) The transfer request must be accepted if the adult on supervision has a job or other legitimate source of income, a residence, and the means to comply with the special conditions of their supervision unless:

(A) The only active supervision is for a non-funded misdemeanor and the receiving county is unable to provide supervision based on the non-funded status, due to county policy or resource limitations; or

(B) Public safety would be compromised by the transfer (e.g., a sex offender residing in a dwelling where children are present; a proposed residence provider supporting sex offender’s denial or noncompliance; a drug offender residing in a known drug house; an arson offender residing in a boarding house); or

(C) The supervision is for a low or limited supervision level or low risk level adult on supervision, whereas the decision to accept supervision is at the discretion of the receiving county.

(c) Outstanding non-funded misdemeanor warrants shall not be grounds for rejection. Felony and funded misdemeanor warrants and warrants involving active cases for which an adult on supervision is under formal supervision shall be resolved prior to the transfer process.

(d) Supervision of a non-funded misdemeanor must be accepted if there is a concurrent felony or funded misdemeanor supervision.

(e) For Outstanding Warrants and Pending Criminal Charges or Violations: Prior to transfer, the sending county shall:

(A) Make reasonable efforts to resolve any warrants;

(B) Remove any individual county requirements outside of usual practice;

(D) Be responsible for resolving all pending non-compliance or violations. The sending county should collaborate with the receiving county to determine an appropriate response to pending violations.

(f) When a transfer is rejected in the interest of public safety and the sex offender was granted emergency reporting instructions, they shall be directed to return to the sending county and to initiate any further transfer requests from the sending county. Failure of the sex offender to do so is a violation and may be grounds for revocation. The reason for rejection needs to be specified and reviewed by the unit supervisor.

(g) During the transfer investigation, if an officer from the receiving county observes a violation or has reason to believe that a violation has occurred, that officer shall immediately report the alleged violation to the sending county for appropriate response.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, adopt filed 08/08/2022, effective 08/08/2022

Or. Admin. R. 291-019-0210 Transfer of Supervision of Those on Leave Between Community Corrections Agencies: Standards for Request and Acceptance

(1) Requests:

(a) Emergency Reporting Instructions: Under no circumstances shall a probation or parole officer allow an adult on supervision on leave to move to a new county without first applying for and receiving emergency reporting instructions.

(A) If a documented emergency exists, the sending county must provide emergency reporting information to the receiving county. The receiving county has up to five days to reply. Once the receiving county has accepted the adult on supervision on leave, on an emergency basis, a transfer packet must be sent to the receiving county.

(B) If emergency reporting instructions do not apply, then the adult on supervision on leave must remain in the sending county until a full transfer investigation is completed.

(b) Transfer Investigation: In all cases involving the transfer of the supervision responsibility for an adult on supervision on leave, the sending county shall ensure that the following information is up to date and accurate in the adult on supervision’s file and, where applicable, in CIS, OMS, and LEDS EPR prior to making the investigation request:

(A) Name: Last, first, and middle;

(B) Date of birth;

(D) Crime(s);

(E) County(ies);

(F) Sentencing data including county, docket numbers, and expiration date, for each case;

(G) History or risk score according to the Public Safety Checklist or PROXY;

(H) Date of request to transfer;

(I) Special Leave Conditions: List all special conditions including specific dollar amounts for restitution, community service hours, and any other conditions requiring specificity;

(J) Residence: Provide a complete address; rural addresses should include specific directions on location of the residence as well as a description; and

(K) Conformance: Note any non-compliance with either the general or special leave conditions of supervision. Reflect the exact amount of any financial obligations owed to date and any other pertinent information.

(L) Sex offender evaluation (if applicable and available); and

(M) Presentence investigation or police reports;

(N) Completed sex offender risk assessment (if applicable); and

(O) Most recent treatment progress report or treatment discharge report.

(2) Acceptance or Rejection:

(a) The receiving county must complete the investigation and respond to the sending county within 30 calendar days of submission by the sending county.

(b) The transfer request must be accepted if the adult on supervision on leave has a job or other legitimate source of income, a residence, and the means to comply with the special conditions of their supervision unless:

(A) Public safety would be compromised by the transfer (e.g., a sex offender residing in a dwelling where children are present; a proposed residence provider supporting sex offender’s denial or noncompliance; a drug offender residing in a known drug house; an arson offender residing in a boarding house); or

(B) The supervision is for a low or limited supervision level or low risk level adult on supervision on leave, whereas the decision to accept supervision is at the discretion of the receiving county.

(c) Outstanding non-funded misdemeanor warrants shall not be grounds for rejection. Felony and funded misdemeanor warrants and warrants involving active cases for which an adult on supervision on leave is under formal supervision shall be resolved prior to the transfer process.

(d) Supervision of a non-funded misdemeanor must be accepted if there is a concurrent felony or funded misdemeanor supervision.

(e) Outstanding Warrants and Pending Criminal Charges or Violations: Prior to transfer, the sending county shall:

(A) Make reasonable efforts to resolve any warrants;

(B) Remove any individual county requirements outside of usual practice;

(D) Be responsible for resolving all pending non-compliance or violations. The sending county should collaborate with the receiving county to determine an appropriate response to pending violations.

(f) When a transfer is rejected in the interest of public safety and the adult on supervision on leave was granted emergency reporting instructions, they shall be directed to return to the sending county and to initiate any further transfer requests from the sending county. Failure of the adult on supervision on leave to do so is a violation and may be grounds for revocation. The reason for rejection needs to be specified and reviewed by the unit supervisor.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, adopt filed 08/08/2022, effective 08/08/2022

Or. Admin. R. 291-019-0215 Transfer of All Other Adults on Supervision Between Community Corrections Agencies: Standards for Request and Acceptance

(1) Requests:

(a) Whenever an officer has given an adult on supervision permission to relocate to a different county, within 30 calendar days of permission given, the officer shall submit a transfer investigation request to the receiving county on all cases including non-funded misdemeanors that accompany a felony or funded misdemeanor.

(A) If the purpose of the change of residence is for residential treatment and a return is anticipated, no transfer is necessary.

(B) For low or limited supervision level and low risk level adults on supervision, the sending county will notify the receiving county in writing that the individual now resides in their county. The receiving county may review their history in CIS or OMS to determine whether they wish to assume supervision. The decision to investigate and accept supervision shall be at the discretion of the receiving county.

(b) Transfer Investigation: In all cases involving the transfer of supervision responsibility for an adult on supervision, the sending county shall ensure that the following information is up to date and accurate in the adult on supervision’s file and, where applicable, in CIS, OMS, and LEDS EPR prior to making the investigation request:

(A) Name: Last, first, and middle;

(B) Date of birth;

(D) Crime(s);

(E) County(ies);

(F) Sentencing data including county, docket numbers, and expiration date for each case;

(G) History or risk score according to the Public Safety Checklist or PROXY;

(H) Date of request to transfer;

(I) Special Conditions: List all special conditions including specific dollar amounts for restitution, community service hours, and any other conditions requiring specificity;

(J) Residence: Provide a complete address; rural addresses should include specific directions on location of the residence as well as a description; and

(L) Court orders, or parole or post-prison supervision order;

(M) Sex offender evaluation (if applicable and available);

(N) Presentence investigation or police reports;

(O) Completed sex offender risk assessment (if applicable); and

(P) Most recent treatment progress report or treatment discharge report.

(2) Acceptance or Rejection:

(a) The receiving county must complete the investigation and respond to the sending county within 30 calendar days of submission by the sending county.

(b) The transfer request must be accepted if the adult on supervision has a job or other legitimate source of income, a residence, and means to comply with the special conditions of their supervision unless:

(A) The only active supervision is for a non-funded misdemeanor and the receiving county is unable to provide supervision based on misdemeanant status, due to county policy or resource limitations; or

(C) The supervision is for a low or limited supervision level or low risk adult on supervision, whereas the decision to accept supervision is at the discretion of the receiving county.

(c) Neither non-compliance nor outstanding non-funded misdemeanor warrants shall be grounds for rejection. Felony and funded misdemeanor warrants and warrants involving active cases for which an adult on supervision is under formal supervision shall be resolved prior to the transfer process.

(d) Supervision of a non-funded misdemeanor must be accepted if there is concurrent felony or funded misdemeanor supervision.

(e) Outstanding Warrants and Pending Criminal Charges or Violations: Prior to transfer, the sending county shall:

(A) Make reasonable efforts to resolve any warrants;

(B) Remove any individual county requirements outside of usual practice;

(D) Be responsible for resolving all pending non-compliance or violations. The sending county should collaborate with the receiving county to determine an appropriate response to pending violations.

(f) When a transfer is rejected in the interest of public safety, the adult on supervision shall be directed by the receiving county to return to the sending county or to secure a suitable residence elsewhere. Failure of the adult on supervision to do so is a violation and may be grounds for revocation. The reason for rejection needs to be specified and reviewed by the unit supervisor.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, adopt filed 08/08/2022, effective 08/08/2022

Or. Admin. R. 291-019-0220 Notice of Transfer

(1) Notice of Decision on Transfer: The sending county shall be notified by the receiving county of acceptance or rejection or delay in completing the investigation within 30 calendar days of the request.

(2) File Transfer: The sending county shall forward the adult on supervision’s file within five working days of the notice of acceptance of the transfer.

(3) Formal Supervision: Formal supervision of the adult on supervision shall begin in the receiving county at the time of notification of acceptance of the transfer.

(4) LEDS: The sending county shall modify the EPR record within five working days after notice of transfer acceptance.

(5) CIS: Upon notification of transfer acceptance, the sending county shall, within five working days, make required changes in CIS. When the file is received, the receiving county shall ensure that the department's database records and LEDS EPR accurately reflect the county of supervision.

(6) Transfer Chronological Entry: Once a sex offender is accepted for transfer, the parole or probation officer from the sending county shall complete a transfer chronological entry, which includes a brief history of violations; record of any community notification; adult on supervision’s treatment progress; status of polygraphs (when was the last one completed, what were the results); the circumstances under which a sex offender is allowed contact with minors (who are the minors, who are the supervisors, when, where).

(7) Sex Offender Registration: The parole or probation officer in the receiving county will ensure the sex offender registration is updated by the adult on supervision with the designated law enforcement agency.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, adopt filed 08/08/2022, effective 08/08/2022

Or. Admin. R. 291-019-0225 Dispute Resolution

Dispute Resolution: It is a matter of policy that the adult on supervision should be supervised by the agency serving their county of residence and, with exception of sex offenders, regardless of whether or not they are in compliance with conditions. However, if the goals of public safety are clearly compromised by the transfer, rejection is appropriate. The Assistant Director of Community Corrections for the Department of Corrections or designee shall be consulted whenever a transfer issue cannot be resolved at the local manager or director level.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2022, adopt filed 08/08/2022, effective 08/08/2022

Division 22 USE OF FORCE (COMMUNITY CORRECTIONS)

Or. Admin. R. 291-022-0105 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to outline the authority of parole and probation officers in the use of physical force, firearms, and restraints.

(3) Policy: It is the policy of the Department of Corrections to authorize the use of physical force when and to the extent that it is reasonably believed to be necessary as specified in these rules. Parole and probation officers are authorized to use that amount of force that is objectively reasonable to overcome a threat, thereby minimizing the risk of injury to the officer, the threat, and the public.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0115 Definitions

(1) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily incapacitate an individual.

(2) Deadly Physical Force: Physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

(3) Electronic Control Devices: Security equipment designed to stop, control or temporarily incapacitate through the use of high voltage, low amperage electric stimulation; e.g., conducted electrical weapon, electronic shield, etc.

(4) Level of Force: The type of force employed, the degree of that type of force employed, and the circumstances within which the force is employed.

(5) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county.

(6) Negligent Discharge: An unintentional discharge cause by an action or event that an employee could and should have foreseen or prevented.

(7) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control and/or probation status.

(8) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training

(9) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, firearms, or other physical methods, for the purpose of overcoming the resistance to lawful authority.

(10) Physical Injury: Impairment of physical condition or substantial pain.

(11) Reasonable Force: That force, which is objectively reasonable, based upon the totality of the circumstances and the facts known to the officer at the time.

(12) Security Equipment: Firearms, ammunition, batons, chemical agents, security restraints, electronic control devices, and similar devices.

(13) Serious Physical Injury: Physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

(14) Security Restraints: Handcuffs, temporary cuffs (flexcuffs), and other similar equipment designed to control a person from injuring himself/herself, others, and to prevent escape.

(15) Show of Force: A demonstration of the current ability to use force, such as the massing of parole and probation officers or other officials.

(16) Threat: Any person resisting arrest or resisting being lawfully controlled and/or demonstrating the intent, having the means, and the opportunity to inflict injury, serious physical injury, or death.

(17) Totality of the Circumstances: With respect to use of force, circumstances include, but are not limited to, comparative size; physical, emotional, and mental condition; skill level of combatants; nature of the offense; weapons; and availability of assistance.

(18) Use of Force: Any situation in which an employee uses physical force against a threat, except those situations in which security restraints are used in a standard manner for arrest, escort, or transport.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09
DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0125 Applicability of the Rule

(1) All employees who supervise or work around offenders shall be thoroughly familiar with the departmental procedures of this rule for guidance and direction in use of force incidents.

(2) If there is any question about specific equipment, procedures, etc., in a use of force situation, an employee shall be directed by the location of the situation, rather than by distinctions concerning where he/she is duty stationed.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0130 General Provisions — Use of Force

(1) Physical force may be employed when it is reasonable given the situation and the facts known to the officer at the time. The degree and type of force used shall be objectively reasonable based on the totality of the circumstances and the facts known to the officer at the time the force is delivered. Force shall be de-escalated or terminated as soon as practical after the threat is mitigated and it is safe to do so.

(2) A verbal warning, lawful order, or a verbal transfer of the use of force decision to the threat should be made prior to delivering physical force against a threat, if time and circumstances safely permit the officer to do so.

(3) Immediate use of physical force is authorized in circumstances in which warnings and other non-force alternatives are not reasonable or available to the employee.

(4) The goal of any use of force in a given situation must be to attain a legitimate objective. There are only two purposes an officer can have in using force. All justifiable uses of force will fall into one, or both, of these categories:

(a) Defense, and/or

(b) Control.

(5) Provoking a person to justify the use of physical force, or using physical force as punishment or discipline, is prohibited.

(6) First aid and/or medical assistance shall be provided to an injured person as soon as safely possible following any use of force. This action shall be documented in the Use of Force Report.

(7) Photographs shall be taken of the individuals injuries as soon as practical and retained as part of the documentation of the incident.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0150 Deadly Use of Force

(1) Officers should consider other reasonable means of control before resorting to the use of deadly force as time and circumstances safely permit.

(2) Deadly force may be used upon the reasonable belief that an officer’s life or safety, or the life or safety of another, is in imminent danger of death or serious bodily injury, given the totality of the circumstances known to the officer at the time of his/her action.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0160 Security Equipment

(1) Security Equipment:

(a) All security equipment requires the approval of the Director or designee before being issued and used as department authorized security equipment.

(b) Security equipment shall not be issued to or used by an employee who has not been trained in the proper use of such devices.

(c) Unless authorized by the Assistant Director for Community Corrections or designee, the carrying or use of personal security equipment is prohibited.

(d) The local state director shall authorize the storage and use of security equipment.

(2) Security Restraints:

(a) The standard routine use of security restraints for arrest, escort or transportation of an offender is not a use of force within the context of this rule.

(b) The use of security restraints is authorized to restrict, immobilize, and control the movement of offenders or for the purpose of officer safety.

(c) An offender shall be placed in security restraints with their hands behind their back, before and during transport. Exceptions may exist due to physical and/or medical conditions, at which point alternative methods may be utilized.

(d) Security restraints shall be applied consistent with the training and experience of the officer. Restraints will be checked for tightness and double locked.

(e) Officers shall ensure that unnecessary pressure is not placed on the offender’s chest, back or neck while applying restraints. Officers shall maintain close observation of a restrained offender in order to detect breathing difficulties and/or loss of consciousness.

(f) The officer shall check at least every 30 minutes and verify the security restraints are not causing injury or an obvious medical problem for the restrained offender.

(3) Chemical Agents:

(a) Authorization to carry a chemical agent shall be granted by the local state director.

(b) Authorization to carry department issued chemical agents shall be limited to the performance of official duties.

(c) Officers authorized to carry a chemical agent shall carry the chemical agent or another approved less than lethal force option whenever:

(A) Protective body armor is worn;

(B) A firearm is carried;

(D) A confrontation with vicious dogs or other dangerous animals is anticipated.

(d) An officer shall only discharge a chemical agent for the following:

(A) To defend the officer or another person from an animal attack;

(B) To defend the officer or another person from imminent danger;

(D) Other circumstances where it is objectively reasonable given the totality of the circumstances and facts known to the officer at the time.

(e) When feasible, the officer shall provide a verbal warning to the threat prior to the discharge of a chemical agent.

(f) Those affected by a chemical agent shall be permitted to wash their face, eyes and other exposed skin areas, as soon as safely practical after the chemical agent has been used.

(g) Those affected by a chemical agent in a closed area shall be permitted to move to an uncontaminated area as soon as safely possible after the chemical agent has been used.

(h) A threat who has received an application of a chemical agent shall be observed for symptoms of an abnormal reaction while the officer has custody of the threat. Medical assistance shall be summoned as soon as an abnormal reaction is observed.

(4) Electronic Control Device:

(a) Authorization to carry an electronic control device may be granted by the local state director.

(b) Authorization to carry an electronic control device shall be limited to the performance of official duties.

(5) Mandatory Use: Officers shall carry a chemical agent or an electronic control device or another approved less than lethal force option whenever:

(a) Protective body armor is worn;

(b) A firearm is carried;

(d) A confrontation with vicious dogs or other dangerous animals is anticipated.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2015, f. & cert. ef. 10-26-15
DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09
DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0161 Electronic Control Device Deployment

(1) The electronic control device may be deployed:

(a) To control a dangerous or violent threat when deadly force does not appear to be justified;

(b) To control a threat when control is needed for the protection of the officer and others; and/or

(c) On animals, as a deterrent to aggressive behavior, when the officer believes such aggression may cause injury to the officer or another person whom is present.

(2) When feasible, the officer shall provide a verbal warning to the threat prior to deploying the electronic control device.

(3) Once the threat is incapacitated or restrained, continued use of the electronic control device is prohibited, unless the officer believes the threat continues.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2018, amend filed 06/01/2018, effective 06/01/2018
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09
DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09

Or. Admin. R. 291-022-0162 Treatment of Affected Persons

(1) Immediately after deploying the electronic control device on a threat, the officer shall observe the threat for symptoms of an abnormal reaction or secondary injuries that may have occurred during the incident. Observation shall continue for the time the officer has custody of the individual. Medical assistance shall be summoned as soon as an abnormal reaction or secondary injury is observed.

(2) Probes may be removed by the officer unless embedded in a sensitive area (face, throat, groin, female breasts). A probe embedded in a sensitive area should only be removed by medical personnel.

(3) When custody or care of the individual is transferred, the officer shall inform jail staff or medical personnel of the approximate time the individual was immobilized, the puncture sites of the probes, and the probe size.

(4) Photographs shall be taken of the individual’s injuries as soon as practical and retained as part of the documentation of the incident.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09
DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09

Or. Admin. R. 291-022-0170 Firearms

(1) Prior to resorting to the use of firearms against any threat, time and circumstances permitting, an officer shall first issue an appropriate verbal warning.

(2) Any officer involved in the discharge of a firearm in a situation on duty shall immediately report, by the quickest means possible, the incident to the local state director. The employee shall prepare a report as soon as reasonably possible.

(3) The State Police or local law enforcement officials shall be notified to investigate any discharge of a firearm unless the discharge was during training, off duty practice, or negligent discharge where injury or significant property damage did not occur. This investigation shall be separate from the full review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2015, f. & cert. ef. 10-26-15
DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0180 Blood Borne Pathogens

When a person has been exposed to a blood or body fluid resulting from the use of force, standard universal precautions shall be implemented.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2015, f. & cert. ef. 10-26-15
DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0190 Injury, Death, or Hostage

(1) Whenever an officer's use of force results in the serious injury or death of another, he/she shall be placed on administrative leave until an investigation of the matter by the Inspector General and/or State Police can be concluded.

(2) Whenever an officer’s use of force results in the serious injury or death of another, the officer involved shall be placed on administrative leave until medical and/or psychological clearance has been obtained.

(3) Any officer involved in or immediately exposed to a critical incident involving the serious injury, hostage or death of another shall be provided a critical incident stress debriefing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0200 Notifications

(1) Any time an officer unholsters and/or points his/her firearm or electronic control device at another, the local state director will be notified according to procedure. The local state director will notify the Assistant Director of Community Corrections of the incident.

(2) Any time an officer is required to use physical or deadly force, the officer shall immediately notify his/her supervisor and/or local state director.

(3) All employees witnessing or directly involved in a use of physical force incident shall individually prepare and submit a use of force report describing their involvement and observation regarding the incident.

(4) All employees witnessing or directly involved in a use of deadly force incident shall report the incident.

(5) The local state director shall make a verbal report to the Assistant Director of Community Corrections.

(6) In cases of serious or life-threatening injury to a person(s) that requires transport to a medical facility or where deadly force has been used:

(a) The appropriate investigatory agency in the jurisdiction shall be immediately contacted by the local state director.

(b) The investigatory agency can include the Attorney General’s office if a conflict of interest exists.

(6) Prior to any administrative action, the local state director shall confer with the Assistant Director of Community Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2015, f. & cert. ef. 10-26-15
DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Or. Admin. R. 291-022-0210 Reviews

(1) General:

(a) Whenever staff employs force in response to an incident, a preliminary review of the use of force incident shall be conducted in accordance with the procedures established in these rules.

(A) A person received a serious physical injury in the course of the use of force incident; or

(B) A firearm was discharged during the incident.

(2) Preliminary Review:

(a) The local state director shall conduct a preliminary review of all use of force incidents within 48 hours of the incident.

(b) Staff involved in the use of force incident shall prepare, assemble, and provide to the local state director all information and records that are relevant to the incident, including but not limited to reports, documents, videos, and photographs of involved persons and witnesses. Staff and/or offenders may be interviewed as necessary to clarify or obtain relevant information. The local state director shall review the information and records to ensure the documentation of the incident is complete.

(c) The local state director shall review the documentation for compliance with administrative directives and prepare a preliminary review report. The local state director shall forward the preliminary review report and supporting documentation to the Assistant Director of Community Corrections with one of the following recommendations:

(A) In compliance with administrative directives, requires only a preliminary review; and

(i) No further action is required; or

(ii) Further corrective action is required by the local state director to address perceived training, security, or other operational issues;

(B) In compliance with administrative directives but requires a full review; or

(C) Not in compliance with administrative directives but requires oly a preliminary review because appropriate corrective action has been taken by the local state director; or

(D) Not in compliance with administrative directives and requires a full review.

(d) The Assistant Director of Community Corrections shall review the preliminary report and all supporting documentation and make any necessary modification or additions he/she deems necessary. The review shall include a preliminary review of the video tape(s) and all associated reports. If the Assistant Director of Community Corrections determines a full review is warranted, all relevant information will be forwarded to the Inspector General or designee for further review.

(3) Full Review:

(a) When a full review of a use of force incident is requested by the Assistant Director of Community Corrections or otherwise required under these rules, a departmental review team shall be assembled to conduct the full review or a separate investigation shall be conducted by a special investigator from the Investigations Unit.

(b) The departmental review team shall include, at a minimum, a representative from Special Investigations assigned by the Inspector General and a representative from one separate functional unit other than the functional unit in which the incident took place. The functional unit representative may include a represented employee. The Special Investigations representative shall chair the review team and arrange for the appointment of the review team members in consultation with the functional unit managers.

(c) The departmental review team shall review the final preliminary review report and all supporting documentation for compliance with administrative directives.

(d) If any member of the review team deems it necessary or advisable to have additional staff or offender interviews conducted, the review team chair shall arrange for an Investigations Unit employee(s) to conduct the interview(s).

(e) If the review team chair determines that a crime may have been committed in the course of the use of force incident, he/she shall contact the State Police or local law enforcement officials before arranging for any additional interview(s) to determine if the law enforcement officials are conducting a criminal investigation regarding the incident, and if so, whether the additional interview(s) would interfere with the investigation.

(f) If advised that the interview(s) would interfere with a pending criminal investigation, the interview(s) shall be postponed until the criminal investigation has been concluded.

(g) Evaluation Report:

(A) After completing the review process, the review team shall prepare and submit its evaluation report to the Inspector General within 30 working days following completion of the full review.

(B) The report shall set forth the departmental review team’s determination whether the actions taken were in compliance with a Department of Corrections administrative directive(s).

(C) If the review team finds evidence of noncompliance, it shall specify these findings and the rationale upon which the findings have been based in its report.

(D) The Inspector General shall review the report for completeness and forward it to the Assistant Director of Community Corrections for review and any necessary action.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2013, f. & cert. ef. 10-23-13
DOC 6-2005, f. & cert. ef. 5-24-05

Division 24 CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION)

Or. Admin. R. 291-024-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.463, 137.473, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish specific procedures for administration of capital punishment in accordance with Oregon statutes. In addition, the rule establishes specific procedures for the care, custody and treatment of condemned inmates from the time an inmate is received through execution, and identifies responsibilities for preparation and carrying out of death sentences imposed under Oregon law.

(3) Policy:

(a) It is the policy of the Department of Corrections to discharge its statutory responsibility to carry out death sentences imposed under Oregon law in a manner that is consistent with Oregon statutes, and with the safe, secure and orderly management and operation of the Department of Corrections institution in which the execution takes place, the safety and security of Department staff and other persons directly involved in the execution process, and their families, with due regard for the dignity of the condemned inmate, and within the limitations of space and resources. Consistent with these policies, executions will be conducted in a manner designed to protect as completely as possible the anonymity of Department staff and other persons involved. All executions shall take place within the enclosure of a Department of Corrections institution designated by the Director of the Department of Corrections.

(b) Conscience Clause: Except as provided by statute, no employee of the Department of Corrections shall be required to participate in the execution of an inmate sentenced to death.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 2-1997, f. & cert. ef. 2-7-97
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0010 Definitions

(1) Basic Visiting: The opportunity for an inmate and approved visitor to see and talk with each other, on a scheduled basis for a reasonable period of time, with no physical contact.

(2) Execution Camera Monitoring System: Non-recording camera installed over execution gurney with monitors for witness viewing of condemned inmate’s placement in restraints on the gurney and insertion of IV’s.

(3) Execution Room: The location where executions will take place.

(4) Immediate Family of the Victim: The victim’s parents, spouse or domestic partner, siblings, children, grandparents, including step relationships.

(5) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(6) Superintendent: Any person within the Department of Corrections who reports to the Assistant Director(s) — Institutions and has the responsibility for the delivery and coordination of programs operations in a specific facility/institution.

(7) Victim: The person or persons for whose murder the inmate was sentenced to death.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 2-1997, f. & cert. ef. 2-7-97
CD 10-1996, f. & cert. ef. 8-23-96
CSD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0015 Reception, Orientation, and Housing

When an inmate is received at an Oregon Department of Corrections institution with a sentence of death, the inmate will be immediately classified as maximum custody. The inmate will be housed in a maximum custody cell or unit at a Department of Corrections institution designated for the housing of inmates sentenced to death.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0016 Receipt of Death Warrant

(1) Notifications:

(a) The Superintendent will personally notify the Director that the execution will commence at 12:01 a.m. or as soon thereafter as possible on the date specified in the warrant ordering execution. Such notification will be followed by a letter from the Superintendent to the Director confirming this information. The Director will subsequently notify the Governor of the date and time of the pending execution.

(b) The Superintendent, with the Assistant Superintendent of Security, will interview the inmate to be executed, provide the inmate with a copy of the death warrant, and document the interview.

(c) The Superintendent will send a letter to the medical examiner indicating the date and time of the scheduled execution, requesting that the medical examiner or his/her representative be present at the execution and be prepared to issue the certificate of death. The letter to the medical examiner will be sent by certified mail with a return receipt requested.

(d) The Superintendent or his/her designee will notify the Oregon State Police Superintendent’s Office of the scheduled date and time of the execution, followed by a letter confirming the information.

(2) Assembly of Supplies and Equipment:

(a) The Director shall prepare a written order to purchase the lethal substances as described in ORS 137.473 and attach a certified copy of the judgment of the court imposing the punishment. The written order and copy of the judgment shall be submitted to any wholesale drug outlet as defined in 689.005, registered with the State Board of Pharmacy under 689.305 at the time the lethal substances are purchased.

(b) The Superintendent or his/her designee will assemble the supplies and prepare the equipment necessary to effect the execution consistent with ORS 137.473.

(c) The Superintendent or his/her designee will ensure the execution camera monitoring system is in place and operational.

(3) Selection of Executioner(s): The selection of the executioner(s) will be the responsibility of the Superintendent. The identity of the executioner(s) will remain confidential.

(4) Arrangement will be made to ensure that the telephone company has installed two dedicated telephone lines, hereafter referred to as the emergency telephone lines, which will ring directly into the execution room. The Director will advise the Governor and the Attorney General of the telephone process.

(5) Special Security Team Preparations:

(a) The Assistant Superintendent of Security, or his/her designee subject to the Superintendent’s approval, will select no less than six primary security staff and no less than six alternate security staff from a previously identified pool of security staff to assist in conducting the execution procedure. These selected security staff will be referred to as the special security team.

(b) The Assistant Superintendent of Security or his/her designee will conduct training with the special security team to ensure that all members are fully aware of their roles during the procedure, and that the team is prepared to deal with any disruptive behavior which might be demonstrated by the inmate.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 10-1996, f. & cert. ef. 8-23-96

Or. Admin. R. 291-024-0020 Programming: From Date of Receipt of Death Warrant Until Four Days Prior to the Scheduled Execution Date

(1) Media Contact: Interviews by media representatives with the condemned inmate will be permitted only with the consent of the inmate, and with the prior approval of the Superintendent or his/her designee. Media contacts will be coordinated between the Superintendent (or his/her designee) and the Department of Corrections Communications Manager. If approved, media representatives will be admitted to the appropriate Department of Corrections institution to conduct the interview(s), provided they are properly credentialed and attired. Any interview by a media representative, if permitted, shall be conducted as basic visiting. A camera (i.e., still photography or video) may be used during the interview if its use is approved in advance by the Superintendent or his/her designee.

(2) Visiting: All visits will be basic visiting and arranged by appointment through the institution visiting desk staff. Visitor(s) must be on the approved visiting list.

(3) Invitation to Witness the Execution:

(a) Prior to the scheduled execution date, the Superintendent shall invite the following persons to attend and witness the execution:

(A) One or more physicians;

(B) The Attorney General;

(D) The district attorney of the county in which the judgment was rendered;

(E) if requested by the condemned inmate, no more than two religious representatives designated by the inmate;

(F) If requested by a member of the immediate family of the victim, one or more members of the victim’s immediate family as determined by the Superintendent; and

(G) Designated media representatives:

(i) The media representatives will consist of two persons selected by the Oregon Association of Broadcasters, two persons selected by the Oregon Newspaper Publisher’s Association (one of the two persons will represent a newspaper from the county in which the judgment was rendered), and one person selected by the Associated Press (AP).

(ii) Only designated media representatives who are properly credentialed, and who agree to act as pool reporters for other media present following the execution, will be admitted inside the secure perimeter of the institution to attend and witness the execution.

(b) In addition to those persons listed above, the Superintendent may, in his/her discretion, invite the following persons to attend and witness the execution:

(A) No more than a total of five of the inmate’s friends and relatives designated by the inmate, and

(B) Such other persons as the Superintendent thinks expedient, including but not limited to peace officers.

(c) The total number of persons invited to attend and witness the execution shall be determined by the Superintendent, taking into account the limitations of space and resources.

(d) In order to enter the secure perimeter of the institution, all persons witnessing the execution shall:

(A) Be 18 years of age or older;

(B) Undergo and pass a criminal history and security check;

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 2-1997, f. & cert. ef. 2-7-97
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0060 Final Twenty-Four Hours to Execution

(1) An up-to-date log will be maintained on all execution related events which occur during the final 24 hours.

(2) The Assistant Director for Programs or his/her designee will work with the Assistant Superintendent, Program Services to ensure that a medically trained individual will prepare and secure the necessary syringes with the lethal solutions. The necessary back-up syringes with the lethal solutions will be prepared and secured separately. This equipment and solutions will be provided to the Assistant Superintendent of Security or his/her designee for secure storage.

(3) The Assistant Director for Programs or his/her designee will work with the Assistant Superintendent, Program Services to ensure that a medically trained individual will be available to insert an intravenous catheter(s) into an appropriate vein(s) of the condemned inmate.

(4) The Superintendent will distribute written orders that all employees selected for special assignment duty will report to the institution at the designated time.

(5) The execution camera monitoring system shall be tested by the Physical Plant Manager or designee.

(6) The Assistant Superintendent of Security will ensure that:

(a) All living units will be checked regularly;

(b) All towers will be posted;

(d) Escort officers will be identified for moving witnesses and visitors to the execution area.

(7) The emergency telephone lines to the execution room will be checked at 6:00 p.m. and again at 9:00 p.m. Beginning at 9:30 p.m., they will be tested every half-hour until 11:30 p.m.

(8) Approved Witnesses and Designated Media Representatives:

(a) Upon entering institution grounds, approved witnesses will remain in a designated staging area under staff supervision. Designated media representatives will remain in the Media Center until directed by staff to move to their designated staging area.

(b) At the appropriate time, witnesses and media representatives will be properly identified, pass through the metal detector, be frisk searched and have the back of their right hand stamped.

(c) Note pads, and pens or pencils issued by the institution to approved witnesses and media representatives will be the only items/equipment permitted inside the secure perimeter of the institution.

(d) The Department of Corrections Communications Manager will be stationed at the Media Center and will be the Department’s contact person with the media.

(9) The Assistant Superintendent of Programs or his/her designee will be assigned to the Administration Building and will be responsible for screening calls to the institution and ensuring that no unauthorized persons enter the institution.

(10) The Assistant Superintendent of Programs or his/her designee will establish radio contact with the officer-in-charge of the unit housing the execution room to ensure that messages can be conveyed in the event that the institutional telephone line or the emergency telephone lines become inoperable.

(11) At 11:30 p.m., the Assistant Superintendent of Security or his/her designee will confirm the accurate time for the clock used to conduct the execution.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0066 Forty Minutes Prior to Execution

The Assistant Superintendent of General Services and/or other assigned personnel will escort the witnesses and all other approved visitors from the designated staging area to the processing station where they will enter the witness area. Two correctional captains will also be stationed in the witness area.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0070
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0070
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0071 Thirty Minutes Prior to Execution

(1) There will be no visits after the inmate has been moved to the execution room.

(2) Witnesses will be taken to the execution witness viewing room at a time coordinated with the Assistant Superintendent Security or his/her designee.

(3) Execution camera monitoring system will be activated.

(4) Movement of Condemned Inmate to Execution Room:

(a) The death watch is suspended. All duties are assumed by the Special Security Team.

(b) The Special Security Team Leader will supervise the activities of the special security team members. The six special security team members will escort the inmate in security restraints from the cell and position and properly restrain the inmate on the gurney in the execution room.

(b) A trained person(s) will connect the heart monitor machine to the inmate.

(3) At the appropriate time, the Superintendent will accompany the executioner(s) to the execution room, and ensure that the confidentiality of the executioner(s) has not been compromised.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0065
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0065
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0080 Execution Procedure

(1) The Assistant Superintendent of Security or his/her designee shall make a final inspection of all straps, and with the assistance of medically trained staff, make final inspection of the intravenous catheters, and the injection equipment. When it is determined all is in order, he/she shall so advise the Superintendent.

(2) Upon receiving a signal from the Superintendent, the Assistant Superintendent of Security or his/her designee shall open the window coverings so that the witnesses can see the inmate in position on the gurney.

(3) At 12:01 a.m. or as soon thereafter as possible, the Superintendent shall signal the executioner(s) to begin injection of lethal solutions by syringe(s) into the injection port of the intravenous catheters. As prescribed by ORS 137.473, the lethal solutions will include an ultra-short acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death.

(4) The executioner(s) shall signal the Superintendent when infusion of the lethal injection has been completed. Upon determining death of the inmate and time, the Superintendent will summon a medical professional to certify the inmate’s death.

(5) Once the inmate has been pronounced dead, the witnesses will be escorted from the witness area.

(6) The camera monitoring system will be turned off.

(7) The Communications Manager will be notified of the time of the death and will inform the media assembled in the Media Center. Media witnesses will be escorted to the Media Center where they will share information as prearranged.

(8) The Assistant Superintendent, Security, or his/her designee will remain with the body in the execution room and supervise the removal of the body.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 1-2003, f. & cert. ef. 2-5-03
DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11
DOC 1-2003, f. & cert. ef. 2-5-03
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0085 Stay of Execution

If, during any stage of the execution prior to infusion of the lethal injection, the Superintendent is notified that a stay of execution has been ordered, execution procedures shall be halted and the witnesses shall be removed.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-024-0090 Post-Execution Procedure

(1) The medical examiner or representative will process the death certificate and provide it to the Superintendent as soon as reasonably possible following the execution.

(2) The Superintendent or his/her designee will make arrangements with the funeral home for removal of the body. The Assistant Superintendent of Security or his/her designee will properly identify the inmate’s body with identification photographs prior to release of the body. The State Police will be notified when the execution is completed and the body is ready for removal.

(3) The Superintendent will submit a final report to the Director.

History

Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075
CD 2-1997, f. & cert. ef. 2-7-97
CD 10-1996, f. & cert. ef. 8-23-96
CD 20-1993, f. 7-20-93, cert. ef. 8-1-93
CD 3-1988, f. & cert. ef. 3-21-88

Division 27 DEATH (AIC)

Or. Admin. R. 291-027-0010 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish uniform guidelines for the proper notification and documentation in the event of the death of an adult in custody.

(3) Policy: It is the policy of the Department of Corrections to assure that effective channels of communication exist for prompt and proper reporting and investigation of the death of an adult in custody and for timely and compassionate notification of the emergency contact person.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0020 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Cause of Death: As defined in ORS 146.003(3), the primary or basic disease process or injury ending life.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Emergency Contact Person: That individual(s) designated by an adult in custody to be notified in case of an emergency.

(5) Facility Contact Person: An employee at each department facility designated by the functional unit manager to be responsible for coordinating contact and communication with the adult in custody's emergency contact person and other agencies, as necessary.

(6) Functional Unit Manager: Any person within the Department of Corrections who reports to either to the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations.

(7) Interstate Corrections Compact (ICC) Adult in Custody: An adult in custody housed in a correctional facility in a state different than the sentencing jurisdiction under rules of the Interstate Correctional Compact.

(8) Manner of Death: As defined in ORS 146.003, the designation of the probable mode of production of the cause of death, including natural, accidental, suicidal, homicidal, legal intervention or undetermined.

(9) Officer-in-Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or officer-of-the-day are not readily available.

(10) Officer-of-the-Day: That person designated by the functional unit manager and approved by the Assistant Director of Operations or designee to act on behalf of the functional unit manager during non-business hours and other periods in which the functional unit manager may be absent.

(11) Rental Bed Adult in Custody: An adult in custody sentenced to the Department of Corrections who is being housed in an Oregon jail.

(12) Trust Funds: Adult in custody money in the care and custody of the Department of Corrections that is deposited with the State Treasurer and managed by the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 7-2026, temporary amend filed 03/24/2026, effective 03/31/2026 through 09/19/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0030 Assessment and Security

(1) The first security employee at the scene of a suspected adult in custody death who is not involved in any rescue or first aid efforts will secure the scene, ascertain the identities of all those present, and disperse all unauthorized individuals.

(a) Identification cards of all adults in custody present and dispersed will be gathered for positive identification and for later interviews.

(b) The officer-in-charge, facility contact person, and facility Health Services employees, if available, will be immediately notified of the suspected death. If Health Services employees are not on duty, the Medical Services manager will be notified. Health Services employees will notify the facility Chief Medical Officer.

(2) The officer-in-charge or designee will immediately ensure the emergency preparedness plan is implemented, if applicable.

(3) The officer-in-charge will designate an employee to maintain the security of the suspected death scene until released by State Police investigators. The death scene will be processed as a crime scene.

(a) This employee will initiate a crime scene contamination log (CD 1201D).

(b) The death scene will be secured and evidence preserved in accordance with the emergency preparedness plan, if applicable, and the department’s policy on Criminal and Administrative Evidence Handling (DOC Policy 70.1.3).

(4) Nothing within the death scene area will be moved or touched by anyone, unless the object needs to be removed because it is an immediate and ongoing threat to security, such as a weapon.

(a) The object will be photographed and diagrammed with relation to the rest of the death scene prior to its removal.

(b) Removal of the item will be in a manner consistent with preservation of evidence, ensuring not to destroy fingerprints, blood, and other fragment evidence that might be affixed to the item, documenting who seized the item, who maintained custody of the item, and in what manner the item was secured.

(5) The officer-in-charge will report the incident to the functional unit manager or designee, officer-of-the-day if applicable, the State Police, and the medical examiner.

(6) The State Police will determine whether they should be present at the death scene. If the State Police determine they should be present, they will take charge of the death scene upon arrival.

(7) The State Police will remove and secure all property from the area that may be considered evidence.

(8) The officer-in-charge will designate one employee as the evidence custodian responsible for the handling, marking, packing, and securing of all evidence not removed by the State Police investigator.

(9) Witnesses or suspects will not be interviewed by Department of Corrections employees unless directed to do so by the State Police. Any comments made by suspects or witnesses to Department of Corrections employees will be noted and reported promptly.

(10) The functional unit manager or designee will notify appropriate employees, such as Behavioral Health Services employees or a chaplain, to provide services for adults in custody affected by the death, as needed.

(11) Employees involved in an adult in custody death incident will be offered support in accordance with the department’s policy on Critical Incident Stress Management (DOC Policy 20.5.2).

(12) The institution Medical Services manager shall request an autopsy for all adult in custody deaths.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0040 Removal of the Deceased

(1) The deceased adult in custody and the death scene will be left undisturbed unless authorized under OAR 291-027-0030(4).

(2) When the medical examiner and the State Police have released the body, the functional unit manager or designee will arrange for transportation of the deceased adult in custody to the designated mortuary in accordance with contracts or local agreements negotiated by the department.

(3) Assigned employees will maintain supervision of the deceased adult in custody until the appropriate mortuary has taken control of the remains. This includes expected deaths that occur at outside medical facilities. Exceptions may be made by the functional unit manager or designee only after coordination with the assigned State Police investigator.

(4) The State Police will determine the time and place that the deceased adult in custody will be fingerprinted and coordinate this process with the assigned institution, when appropriate.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0050 Notifications

(1) The officer-in-charge or designee will make the necessary notifications in accordance with this rule, the emergency preparedness plan, and the department’s policy on Unusual Incident Report Process (DOC Policy 40.1.6).

(2) The Department of Corrections Communications Manager is responsible for reporting the incident to the Director, Deputy Director and appropriate Assistant Director. This responsibility may be delegated to the functional unit manager.

(3) If the adult in custody death is from suspected self-harm, the Behavioral Health Services manager will be notified during the initial notifications immediately following the incident.

(4) If the deceased adult in custody is a citizen of a country other than the United States, the appropriate consulate will be notified as soon as possible.

(5) If the deceased adult in custody is an Interstate Corrections Compact adult in custody housed by the department, the Interstate Corrections Compact coordinator will be notified by the functional unit manager or designee. The Interstate Corrections Compact coordinator will notify the administrator of the sentencing jurisdiction as soon as possible.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0055 Duties of the Facility Contact Person

(1) The facility contact person will coordinate contact with the deceased adult in custody’s emergency contact person after the State Police have authorized notification. The employee notifying the adult in custody’s emergency contact person may be the chaplain, facility contact person, or any other employees designated by the functional unit manager.

(2) The facility contact person is responsible for coordinating the processes associated with disposition of the deceased adult in custody’s remains and personal property.

(a) No specific details about circumstances surrounding the death will be provided without authorization of the State Police, district attorney, and the functional unit manager or designee.

(b) The notifying employee shall not engage in speculation concerning the possible cause of death.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11

Or. Admin. R. 291-027-0065 Disposition of Remains

(1) The deceased adult in custody’s emergency contact person will be given the option of arranging for the final disposition of the adult in custody’s remains. All costs for those arrangements are the responsibility of the emergency contact person or family member that wishes to make those arrangements.

(2) Adults in custody shall make prior arrangements with their designated emergency contact person concerning any religious or personal preferences they have regarding the disposition of their remains.

(3) The Department of Corrections is responsible for the final disposition of remains if the emergency contact person or family member of the adult in custody are unwilling or unable to do so.

(4) If the Department of Corrections becomes the responsible agent in this matter, the authorized mortuary will provide this final service in accordance with contracted services or local agreements.

(5) Trust funds from the deceased adult in custody’s accounts shall not be used to offset expenses incurred by the Department of Corrections related to the adult in custody’s death.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11

Or. Admin. R. 291-027-0070 Property and Fund Disposition

(1) The officer-in-charge will ensure that an inventory is completed of the deceased adult in custody's personal property and that it is secured for the State Police, if applicable.

(2) After the deceased adult in custody’s property has been released by the State Police, the facility contact person will arrange to have the property released to the emergency contact person.

(a) The facility contact person will coordinate the preparation of the property and arrange for disposition of this property with the deceased adult in custody’s emergency contact person. The property will be placed in an appropriately sized container for disposition.

(b) Abandoned property will be disposed of in accordance with OAR 291-117-0140 Disposition of Adult in Custody Property.

(c) All documentation concerning the property will be processed and maintained in accordance with OAR 291-117-0140 Disposition of Adult in Custody Property.

(3) Funds held in a deceased adult in custody’s trust account will be disbursed in accordance with ORS 112 and the department’s rules on Central Trust (OAR 291-158).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0080 Death Outside the Facility

(1) Prior to Adult in Custody Death: When imminent death can be predicted, Health Services employees will work with the officer-of-the-day to ensure that all appropriate notifications are completed in advance, including the medical examiner.

(2) Outside Work Crews: In the event of an incident involving death or possible death of an adult in custody assigned to an outside crew, the work crew supervisor will immediately activate local emergency medical services, if available. The work crew supervisor will then notify the applicable facility. The officer-in-charge of the facility will be responsible to implement the procedures outlined in OAR 291-027-0030 Assessment and Security.

(3) Interstate Corrections Compact Adult in Custody Sentenced to Department of Corrections: The Interstate Corrections Compact agreement for all adults in custody sentenced to the Department of Corrections will address the arrangements to be used if the adult in custody dies while in the custody of the receiving jurisdiction. Details of the agreement will include required notifications, transport of the body or remains, and financial responsibility for associated costs.

(4) Rental Bed Adult in Custody: Local jurisdictions will report the death of any Department of Corrections adult in custody who is in their custody to the Department of Corrections as soon as possible and provide all requested information. The Department of Corrections is responsible for making final disposition of the adult in custody’s body and providing notice to the adult in custody’s emergency contact person. These arrangements will be included in all rental bed agreements.

(5) Outside Medical Facility: When an adult in custody dies while under the care of an outside medical facility, the employee(s) assigned to the hospital watch or medical trip escort will be responsible for immediately contacting the officer-in-charge at the deceased adult in custody’s assigned institution.

(a) The officer-in-charge of the facility will be responsible to implement the procedures outlined in OAR 291-027-0030 Assessment and Security.

(b) The officer-in-charge will determine if a crime scene log needs to be initiated.

(c) Arrangements for transportation of the deceased adult in custody from the outside medical facility to the designated mortuary will be made in accordance with contracts or local agreements negotiated by the department.

(d) The employee(s) assigned to hospital watch will remain with the deceased adult in custody until the designated mortuary has taken control of the remains. Exceptions may be made by the functional unit manager or designee only after coordination with the assigned State Police investigator.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

Or. Admin. R. 291-027-0090 Death Investigations and Handling Cause and Manner of Death Determinations

(1) Investigations: The Department of Corrections will cooperate with any death investigation conducted under ORS 146.100 concerning any adult in custody death.

(2) Handling Cause and Manner of Death Determinations:

(a) Under no circumstances shall the Department of Corrections or any of its employees decide the cause or manner of death of any adult in custody.

(b) When the Department of Corrections receives a determination of the cause or manner of death under ORS Chapter 146 or other applicable law, the Inspector General or designee will track the information as needed to meet state or federal reporting requirements, and will retain it in compliance with applicable patient privacy laws, including ORS 179.495 and ORS 179.505.

History

Statutory/Other Authority: ORS 146.100, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 146.100, 179.040, 423.020, 423.030 & 423.075
DOC 21-2026, minor correction filed 06/08/2026, effective 06/08/2026
DOC 18-2026, adopt filed 06/08/2026, effective 06/08/2026
DOC 7-2026, temporary adopt filed 03/24/2026, effective 03/31/2026 through 09/19/2026

Or. Admin. R. 291-027-0100 Unexpected Death Review

(1) In the event of any adult in custody death, Health Services will determine whether the death is expected or unexpected in a manner consistent with national standards, and inform the Inspector General of that determination.

(a) When the death is expected, the Inspector General will retain any information related to that determination in a manner that complies with applicable patient privacy laws, including ORS 179.495 and ORS 179.505.

(b) When the death of an adult in custody is unexpected, the Inspector General will initiate an Unexpected Death Review as provided in this rule. The initiation of any Unexpected Death Review, and way it is conducted, shall occur at a time and in a manner that is mindful of, and does not interfere with, any existing, pending, or anticipated law enforcement investigations (including death investigations under ORS Chapter 146).

(2) The Inspector General may initiate an Unexpected Death Review under this rule for any adult in custody death, including when an adult in custody’s death was expected, when the Inspector General determines, in their discretion, that a review would be appropriate.

(3) The Inspector General will select and convene an Unexpected Death Review Committee that will include appropriate department representatives with applicable professional expertise and no previous involvement in the incident.

(a) Appropriate representatives may include, but are not limited to, an assigned Special Investigations Unit manager, an Assistant Superintendent of Security, a Medical Services manager, or a Behavioral Health Services manager.

(b) In cases in which self-harm is involved or suspected, the Unexpected Death Review Committee should include a Behavioral Health Services manager.

(4) The Unexpected Death Review Committee will conduct a review and prepare a report that includes the results of the review and a statement of any recommended changes in practices, policies, or procedures to strengthen safety and health protections for adults in custody and to reduce risk of adult in custody death or serious injury.

(5) The review by the Unexpected Death Review Committee, and the results of this review, should exclude the data, reports, or contents of any peer review conducted by a medical employee committee of the Department of Corrections pursuant to ORS 41.675.

History

Statutory/Other Authority: ORS 146.100, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 146.100, 179.040, 423.020, 423.030 & 423.075
DOC 22-2026, minor correction filed 06/08/2026, effective 06/08/2026
DOC 18-2026, adopt filed 06/08/2026, effective 06/08/2026
DOC 7-2026, temporary adopt filed 03/24/2026, effective 03/31/2026 through 09/19/2026

Division 28 SEARCHES (COMMUNITY CORRECTIONS)

Or. Admin. R. 291-028-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.404 to 144.409, 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish safe and uniform procedures, standards, and guidelines for conducting searches and for handling, storing, and disposing of a person’s property.

History

Statutory/Other Authority: ORS 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075
DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024
DOC 7-2006, f. & cert. ef. 7-24-06

Or. Admin. R. 291-028-0105 Definitions

(1) Adult on Supervision: A person who is on probation, parole, post-prison supervision, any other form of temporary or transitional leave from custody, or any form of conditional release.

(2) Consent: Obtaining permission from a person to allow a search of areas over which they have authority. The person may give consent verbally or by conduct that clearly indicates consent.

(3) Contraband: Any item or material which is prohibited by law or by a condition of supervision.

(4) Evidence: Items seized or recovered during an investigation that may be used in the prosecution of a case or of a violation of supervision.

(5) Found Property: Items that have no apparent evidentiary value and where the owner cannot be readily identified or contacted.

(6) Officer: A parole and probation officer as defined in ORS 181A.355 who is employed by the Department of Corrections.

(7) Reasonable Grounds: Exists when facts and circumstances within the officer’s knowledge are sufficient to justify a belief that a violation has occurred.

(8) Search: A comprehensive inspection of a person, premises, property, or vehicle.

(9) Seizure: To take control and custody of an item or material.

History

Statutory/Other Authority: 144.404 to 144.409, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 144.404 to 144.409, 179.040, 423.020, 423.030 & 423.075
DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024
DOC 15-2017, amend filed 11/01/2017, effective 11/01/2017
DOC 7-2006, f. & cert. ef. 7-24-06

Or. Admin. R. 291-028-0110 General Guidelines

(1) Searches in accordance with these rules may be conducted in the reasonable pursuit of correctional objectives or for the purposes of officer safety, protection of the public, or reformation of the adult on supervision.

(2) An adult on supervision shall be given notice at the time of review of the conditions of supervision that failure to give consent to a search based upon reasonable grounds may result in arrest or revocation.

(3) Consent to search must be given at the time of the search by the person to be searched or the person who has authority over the premises, property, or vehicle to be searched. No person may consent to search property under the exclusive control of another person.

(4) A person who consented to a search has the right to limit the areas to be searched or to withdraw their consent to search at any time during the search. If that occurs, the scope of the search shall be immediately limited or discontinued. If the adult on supervision substantially limits or withdraws consent, they may be arrested for violation of the search condition if reasonable grounds exist.

(5) A search may be conducted by a parole and probation officer or by a representative of the officer who is assisting at the officer’s request.

(6) An officer shall direct the adult on supervision to remain in an area of limited access while the search is in progress in order to preserve evidence and for the protection of search personnel.

(7) Property defined as contraband or otherwise subject to seizure under ORS 133.535, things possessed in violation of supervision conditions, and unclaimed goods or property taken for safekeeping may be seized during the search. Adults on supervision shall be provided with a receipt detailing any property seized pursuant to this rule.

(8) Photographic documentation of a violation may be used as evidence.

(9) Contraband, things subject to seizure under ORS 133.535, and things possessed in violation of supervision conditions that are observed in plain view during the course of a contact or prior to requesting permission to search may be seized.

History

Statutory/Other Authority: 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075
DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024
DOC 15-2017, amend filed 11/01/2017, effective 11/01/2017
DOC 7-2006, f. & cert. ef. 7-24-06

Or. Admin. R. 291-028-0115 Handling of Seized or Found Property

(1) The handling, seizure, and disposition of property shall be done in accordance with ORS 144.404 to 144.409.

(2) At the time of an arrest and subsequent incarceration in the county jail or other holding facility, an adult on supervision may request property that does not have any evidentiary value to be released to a person of their choosing or to be held by the department according to local procedure, if the department has the capacity to do so.

(3) Found property will be inventoried, documented, and follow chain of custody per local procedures.

History

Statutory/Other Authority: 179.040, 423.020, 423.030, 423.075 & ORS 144.404
Statutes/Other Implemented: ORS 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075
DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024
DOC 7-2006, f. & cert. ef. 7-24-06

Division 31 COMMUNITY CORRECTIONS PROGRAMS

Or. Admin. R. 291-031-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these Division 31 rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, and 423.530.

(2) Purpose: The purpose of these Division 31 rules is to:

(a) Support county community corrections programs that provide appropriate sentencing alternatives and improve local services for persons charged with criminal offenses with the goal of reducing the occurrences of repeat criminal offenses through state and local government cooperative and collaborative efforts;

(b) Promote local management of community corrections; and

(c) Promote the use of effective correctional assessments, interventions, and case management practices that protect public safety, rehabilitate the adult on supervision, improve the seamless transition from custody to community, and reduce recidivism.

(3) Policy: In accordance with the Community Corrections Act (ORS 423.475 et seq. ), it is the policy of the Department of Corrections to support county corrections programs. The Act establishes a legal frame of reference for the state and local government cooperative, and collaborative efforts in areas that include, but are not limited to, providing supervision, intermediate sanctioning programs and treatment, and rehabilitation programs for supervised adults on supervision. The Department of Corrections is directed to make grants to county to support local corrections programs authorized under this Act. The county is required to develop a local comprehensive community corrections plan revealing which corrections services are planned to address supervision, sanction, and service needs in the community.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 432.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.505, 423.525 & 423.530
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-24-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 3-1987, f. & cert. ef. 1-5-87
CD 46-1986(Temp), f. 10-21-86, cert. ef. 11-30-86
CD 42-1985, f. & cert. ef. 8-16-85
CD 23-1982, f. & cert. ef. 7-28-82
CD 4-1982(Temp), f. & cert. ef. 1-29-82
CD 27-1980, f. & cert. ef. 7-28-80, Renumbered from 291-010-0650
CD 1-1980(Temp), f. & cert. ef. 2-1-80, Renumbered from 291-010-0650
CD 7-1978, f. 2-24-78, cert. ef. 2-27-78
CD 48(Temp), f. 12-28-77, cert. ef. 12-29-77

Or. Admin. R. 291-031-0009 Definitions

(1) Adults on Supervision: Any person under the supervision of local community corrections who is on probation, parole, post-prison supervision, or any other form of supervision or temporary or transitional leave from custody.

(2) Caseload: Each county’s caseload consists of the adults on supervision in the county office who are:

(a) On probation for a felony, designated drug-related misdemeanor, or designated person misdemeanor;

(b) On parole or post-prison supervision;

(c) On conditional release, including those sentenced under the provisions of “second look” (ORS 420A.206), conditional discharges under ORS 475.245, and other forms of felony or designated drug-related or designated person misdemeanor diversion;

(d) Released to the county on leave under the provisions of ORS 421.168 or 421.510;

(e) Sentenced to 12 months or less incarceration;

(f) Sanctioned to 12 months or less incarceration for a violation of condition of supervision; and

(g) For purposes of budget building and allocation, those:

(A) Discharged from supervision under the provisions of ORS 137.633 shall be included; and

(B) On abscond, inactive supervision, incarcerated in a federal or out-of-state institution, or being held pending deportation shall not be included.

(3) Community Corrections Plan: The biennial community corrections plan referenced in ORS 423.525 and required by ORS 423.535.

(4) County Population: Those persons projected or counted by the census who permanently reside in a county.

(5) Intergovernmental Agreement: An agreement between the department and the county under which community corrections services will be provided, as required by ORS 423.535

(6) Local Community Corrections Program: Any locally‑based public or private organization which provides correctional services and is funded either in whole or in part by grants from the Department of Corrections, excluding programs directly under the administration of the Department of Corrections Community Corrections.

(7) Supplemental Funding Intervention Plan: A document developed by the county and approved by the Department of Corrections which describes the county’s approach to providing effective interventions for drug-addicted persons on supervision.

(8) Workload: The number of adults on supervision in a county, including estimated change in that population for the biennium.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 17-2020, amend filed 11/09/2020, effective 11/09/2020
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 17-2001(Temp) f. & cert. ef. 8-7-01 thru 2-3-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-24-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 36-1987, f. & ef. 9-24-87
CD 3-1987, f. & ef. 1-5-87
CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86
CD 42-1985, f. & ef. 8-16-85

Or. Admin. R. 291-031-0015 Community Corrections Plan Development

(1) Each county governing body must appoint a local public safety coordinating council in accordance with ORS 423.560. This council will be responsible for developing and recommending to the county board of commissioners a community corrections plan for use of state resources to service the local adult on supervision population.

(2) The Department of Corrections will provide, within available resources, consultation, and technical assistance to aid counties in the development and implementation of a community corrections plan.

(3) Standards for community corrections plan submission and evaluation: Community corrections plans shall be submitted to the Director of the Department of Corrections or designee. Each community corrections plan shall be submitted in a format and order as established by the Department of Corrections.

(a) Administrative: The community corrections plan must:

(A) Specify the membership and chair of the local public safety coordinating council and how the membership meets the statutory requirements for committee membership.

(B) Identify a community corrections manager who is responsible for the administration of the community corrections program; and

(C) Contain an organizational chart illustrating areas of authority, responsibility, and accountability. The organizational charts will indicate the staffing level and structure in each program.

(b) Programs and services: The community corrections plan must provide descriptions of all adult on supervision programs including:

(A) Adults on supervision population to be served;

(B) Goals, outcomes, and purpose of program;

(D) Community Corrections Act funds that will be used to operate the program.

(c) Fiscal: The community corrections plan shall display separate line-item accounts for expenditures and revenue for each program or service area.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.525
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-25-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 36-1987, f. & ef. 9-24-87
CD 3-1987, f. & ef. 1-5-87
CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86
CD 42-1985, f. & ef. 8-16-85
CD 23-1982, f. & ef. 7-28-82
CD 4-1982(Temp), f. & ef. 1-29-82
CD 27-1980, f. & ef. 7-28-80
CD 1-1980(Temp), f. & ef. 2-1-80
CD 7-1978, f. 2-24-78, ef. 2-27-78, Renumbered from 291-010-0660
CD 48(Temp), f. 12-28-77, ef. 12-29-77

Or. Admin. R. 291-031-0020 Community Corrections Plan Submission Process

(1) The community corrections plan shall be submitted to the Director of the Department of Corrections or designee no later than 90 days following sine die of the regularly held legislative session of each odd numbered year.

(2) An extension of time may be granted by the Director of the Department of Corrections or designee when necessary to allow completion of local agency negotiations, or to allow additional time to collect data or information necessary to complete the community corrections plan. Requests for this extension shall be submitted to the Director or designee in writing.

(3) The Director of the Department of Corrections or designee will review and approve the proposed community corrections plan.

(4) If the community corrections plan is not approved, the Director of the Department of Corrections or designee will provide recommendations to the county as to how to correct or improve the community corrections plan.

(5) After approval by the Director of the Department of Corrections or designee, the county and the department will incorporate the community corrections plan into the intergovernmental agreement.

(6) No modifications to an approved plan shall be placed into effect without prior written notification to Director of the Department of Corrections or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-24-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 3-1987, f. & ef. 1-5-87
CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86
CD 42-1985, f. & ef. 8-16-85
CD 23-1982, f. & ef. 7-28-82
CD 4-1982(Temp), f. & ef. 1-29-82
CD 27-1980, f. & ef. 7-28-80
CD 7-1978, f. 2-24-78, ef. 2-27-78, Renumbered from 291-010-0665
CD 48(Temp), f. 12-28-77, ef. 12-29-77

Or. Admin. R. 291-031-0025 Financial Records

Department of Corrections funds:

(1) The department shall prepare and distribute written instructions regarding budget, allotment, and fiscal reporting requirements to each county. Each county shall adhere to the department’s budget, allocation, and fiscal reporting requirements.

(2) Reallocation of funds in a county approved community corrections plan and budget, within or between budget categories, requires a budget update and the prior written notification and written approval of the Director of the Department of Corrections or designee.

(3) Proposed fund transfers shall be submitted using the plan modification form created by the department.

(4) Each county shall make available to the Department of Corrections the county’s annual financial statement and that portion of the county’s annual audit that addresses the community corrections program.

(5) Within 120 days following the end of the state’s biennial budget period, each county shall submit a closing financial report for the biennium. The county must identify in the report any state General Fund not expended within the biennial period. The county must submit a budget update to the Department of Corrections showing how those funds will be expended for community corrections in the next biennium.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 2-2012, f. & cert. ef. 1-27-12
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-24-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 12-1990, f. & cert. ef. 6-28-90
CD 3-1987, f. & ef. 1-5-87
CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86
CD 42-1985, f. & ef. 8-16-85
CD 23-1982, f. & ef. 7-28-82
CD 4-1982(Temp), f. & ef. 1-29-82
Renumbered from 291-010-0670, CD 27-1980, f. & ef. 7-28-80
CD 7-1978, f. 2-24-78, ef. 2-27-78
CD 48(Temp), f. 12-28-77, ef. 12-29-77

Or. Admin. R. 291-031-0026 Grant-in-Aid

(1) Community Corrections funds will be allocated based on a formula that considers workload, county population, and the cost per day of managing adults on supervision. The formula will be weighted 100 percent workload and 0 percent county population.

(2) Prior to July of each odd‑numbered year, the Department of Corrections shall determine each county’s proposed share of workload and will compute each county's percentage share of the coming biennial grant-in-aid appropriation. When the total actual appropriation is known, the Department of Corrections will compute the actual amounts indicated.

(3) Except as otherwise provided by law, an intergovernmental agreement between the county(ies) and the department must be executed prior to any state Grant-In-Aid funds being distributed.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 17-2001(Temp), f. & cert. ef. 8-7-01 thru 2-3-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-24-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 42-1985, f. & ef. 8-16-85
CD 23-1982, f. & ef. 7-28-82
CD 4-1982(Temp), f. & ef. 1-29-82
Renumbered from 291-010-0670, CD 27-1980, f. & ef. 7-28-80
CD 7-1978, f. 2-24-78, ef. 2-27-78
CD 48(Temp), f. 12-28-77, ef. 12-29-77

Or. Admin. R. 291-031-0051 Funding for Sexually Violent Dangerous Offenders

(1) The department may reimburse counties for the intensive supervision of sexually violent dangerous offenders in accordance with this rule.

(2) The reimbursement rate to a county shall be determined by calculating the incremental cost to move from the high-risk supervision rate to an intensive supervision rate. Reimbursement payments will be made on a quarterly basis, upon invoicing by the county.

(3) Reimbursement payments to counties for the purpose of intensive supervision of sexually violent dangerous offenders shall not exceed the legislatively approved appropriation for the supervision of sexually violent dangerous offenders.

(4) Once each biennium, the Department of Corrections, the Board of Parole and Post-Prison Supervision, and local supervisory authorities shall determine the number of adults on supervision expected to be classified as sexually violent dangerous offenders during the following biennium. The department shall use the number in calculating the budget for the community corrections division of the department for the following biennium.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 144.639, 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01

Or. Admin. R. 291-031-0070 Evaluation

(1) The Department of Corrections shall establish and operate a statewide information system. In order to ensure uniform information, the Department of Corrections shall establish minimum data entry standards for the statewide information system. Counties are required to input information into the statewide information system in accordance with the standards established by the Department of Corrections.

(2) In accordance with ORS 423.540, the department will biennially review each county’s compliance with the intergovernmental agreement. There may be a compliance plan required if the county is not in compliance with the intergovernmental agreement.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, 423.530 & 423.540
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 1-2002, f. & cert. ef. 1-10-02
DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01, Renumbered from 291-031-0030
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98
CD 7-1995, f. 4-24-95, cert. ef. 5-1-95
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92
CD 3-1987, f. & cert. ef. 1-5-87
CD 46-1986(Temp), f. 10-21-86, cert. ef. 11-30-86
CD 42-1985, f. & cert. ef. 8-16-85
CD 23-1982, f. & cert. ef. 7-28-82
CD 4-1982(Temp), f. & cert. ef. 1-29-82
CD 27-1980, f. & cert. ef. 7-28-80
CD 1-1980(Temp), f. & cert. ef. 2-1-80
CD 7-1978, f. 2-24-78, cert. ef. 2-27-78, Renumbered from 291-010-0675
CD 48(Temp), f. 12-28-77, cert. ef. 12-29-77

Or. Admin. R. 291-031-0085 County Option to Cease Participation in the Community Corrections Act

(1) The Community Corrections Act gives each county the option to transfer responsibility for community corrections to the Department of Corrections if the Legislature fails to fund community corrections at the baseline established in ORS 423.483.

(2) If the total state community corrections appropriation is less than the baseline, the county may discontinue participation in the Community Corrections Act by providing written notification to the Director of the Department of Corrections 180 days prior to implementation of the change.

(3) The department can elect to assume responsibility for community corrections sooner than 180 days with concurrence from the county.

(4) A county may transfer responsibility for community corrections to the state no more than one time in a biennium.

(5) OAR 291-031-0095 to 291-031-0140 only apply when a county discontinues participation in the Community Corrections Act.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03
DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03

Or. Admin. R. 291-031-0095 Responsibility for Community Corrections

(1) The Department of Corrections will assume responsibility for community-based supervision, sanctions, and services for adults on supervision convicted of felonies or designated drug-related or designated person misdemeanors, who are on probation, parole, post-prison supervision, or any form of temporary or transitional leave from custody, or who are sentenced or sanctioned to a term of incarceration of 12 months or less, on conditional release under ORS 420A.206 or on conditional discharge under ORS 475.245, or any other form of diversion for a felony, designated drug-related or designated person misdemeanor.

(2) According to sentencing guidelines, terms of incarceration of 12 months or less are served at the direction of the local supervisory authority rather than in the legal and physical custody of the Department of Corrections (OAR 213-005-0001(2)). The Department of Corrections will perform the duties of the local supervisory authority for terms of incarceration of 12 months or less (local control offenders).

(3) The Department of Corrections will not assume responsibility for the supervision of adults on supervision not referenced in OAR 291-031-0009(2).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03
DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03

Or. Admin. R. 291-031-0100 Funding

(1) Department of Corrections funds allocated to provide correctional services by the county will be retained by the state.

(2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period of less than 24 months, the funds retained by the state for community corrections activities will be prorated to the day of the transfer.

(3) A financial closing statement will be provided by the county to the state within 60 days of the transfer of responsibility. Any state funds distributed but not spent will be returned to the state.

(4) The department, at its option, may choose to operate community corrections in regions consisting of several counties, and to combine funds and staff to operate the region most efficiently.

(5) The department shall retain all fees collected from those supervised by state-operated community corrections offices and received subsequent to the state assuming responsibility for operations.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03
DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03

Or. Admin. R. 291-031-0110 Biennial Community Corrections Plan

(1) The Department of Corrections shall develop a community corrections plan for each county with a state-operated community corrections office.

(2) The department will meet with the local public safety coordinating council to review the county’s recommendations as to how state resources will be invested to serve the local adult on supervision population. Those recommendations will be included in the plan or the department will provide a response to each recommendation.

(3) The department will submit the plan to the county commissioners for information and comments. The commissioners may choose to comment or may simply acknowledge the plan was received.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03
DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03

Or. Admin. R. 291-031-0120 Transfer of Property

(1) The state shall assume title to any equipment, furnishings, vehicles, or property purchased with community corrections grant funds and used by existing county staff to provide supervision, sanctions, and services to the county. The county shall provide the Department of Corrections with a list of all such equipment, furnishings, vehicles, or property with a value of over $250 within 30 days of the county’s notification to the Director of the Department of Corrections that it will discontinue participation in the Community Corrections Act.

(2) The county and the Department of Corrections shall enter into a written agreement transferring title of equipment or property to the Department of Corrections. The agreement must be accompanied by an inventory list signed by the designated representatives of both the county and the department. The agreement shall be subject to all laws governing such transfer of title.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560,
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03
DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03

Or. Admin. R. 291-031-0140 Employees

(1) County employees employed in the county community corrections agency and funded through the community corrections grant to that county, will be transferred to state employment, to the extent there are funds available. If the county has experienced a reduction in funding, there will be a commensurate reduction in staff positions available for transfer.

(2) County employees transferred to state employment will not suffer any reduction in salary or loss of employee benefits for 12 months because of the transfer. Salary will not be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be transferred, and a waiver of waiting period for preexisting conditions will be arranged. The employee may remain with their present retirement system for 12 months or may participate in the state retirement system. Following this period, salary, benefits, and retirement plan will be based on established state wages and benefits.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03
DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03

Or. Admin. R. 291-031-0150 County Option to Participate in the Community Corrections Act

(1) The Community Corrections Act gives each county the option to directly operate community corrections rather than having the Department of Corrections operate community corrections.

(2) A county that has exercised the option to "opt out" of participation may again participate in the Community Corrections Act by providing written notification to the Director of the Department of Corrections 180 days prior to implementation of the change. A county may make this change no more than one time in a biennium.

(3) OAR 291-031-0160 to 291-031-0210 only apply when a county resumes participation in the Community Corrections Act.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 12-2003, f. & cert. ef. 8-20-03

Or. Admin. R. 291-031-0160 Responsibility for Community Corrections

The county will assume responsibility from the Department of Corrections for community-based supervision, sanctions, and services for adults on supervision convicted of felonies or designated drug-related or designated person misdemeanors, who are on probation, parole, post-prison supervision, or any form of temporary or transitional leave from custody, or who are sentenced or sanctioned to a term of incarceration of 12 months or less, on conditional release under ORS 420A.206 or on conditional discharge under ORS 475.245, or any other form of diversion for a felony or drug-related or designated person misdemeanor.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03

Or. Admin. R. 291-031-0170 Funding

(1) Department of Corrections funds formerly used to provide correctional services by the state will be granted to the county under an intergovernmental agreement.

(2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period less than 24 months, the funds allocated to the county will be prorated to the day of the transfer.

(3) A financial closing statement will be provided to the county by the Department of Corrections within 60 days of the transfer of responsibility. Any state funds allocated to the county but not spent by the state will be disbursed to the county.

(4) The county shall retain all fees collected from those supervised by county-operated community corrections offices after the date of transfer.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 12-2003, f. & cert. ef. 8-20-03

Or. Admin. R. 291-031-0180 Biennial Community Corrections Plan

The county will develop a community corrections plan in accordance with OAR 291-031-0015 prior to the transfer of responsibility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 12-2003, f. & cert. ef. 8-20-03

Or. Admin. R. 291-031-0190 Transfer of Property

(1) When a county begins participation in the Community Corrections Act, the county shall assume title to any equipment, furnishings, or property used by existing Department of Corrections staff to provide supervision, sanctions, and services in the county. The Department of Corrections shall provide the county with a list of all such equipment, furnishings, or property with a value of over $250 within 30 days of the county’s notification to the Director of the Department of Corrections that it will participate in the Community Corrections Act.

(2) An agreement transferring title of equipment or property to the county shall be in writing, accompanied by an inventory list signed by designated representatives of both the county and the department and shall be subject to all laws governing such transfer of title.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03

Or. Admin. R. 291-031-0210 Employees

(1) State employees employed in the county community corrections agency and funded through the community corrections grant to that county, will be transferred to county employment, to the extent there are funds available. If the county has experienced a reduction in funding, there will be a commensurate reduction in staff positions available for transfer.

(2) State employees transferred to county employment will not suffer any reduction in salary or loss of employee benefits for 12 months because of the transfer. Salary will not be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be transferred, and a waiver of waiting period for preexisting conditions will be arranged. The employee may remain with their present retirement system for 12 months. Following this period, salary, benefits, and retirement plan will be based on established county wages and benefits.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 12-2003, f. & cert. ef. 8-20-03

Or. Admin. R. 291-031-0220 Supplemental Funds for Drug-Addicted Persons

(1) Supplemental funds made available by the legislature for drug-addicted persons shall be distributed by the Department of Corrections to counties. A statewide approach to intervention will be defined and guided by evidence-based practices which are best designed to reduce crime and drug addiction. The approach will include a balance of treatment, supervision, and immediate sanctions.

(2) The Department of Corrections shall make grants available to counties to provide supplemental funding for:

(a) Operation of jails;

(b) Treatment services for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in ORS 137.717, or for those who have been convicted of predicate crimes related to ORS 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Public Safety Checklist risk tool, or other validated risk tool approved by the department; and

(c) Intensive supervision including incarceration for violating the conditions of that supervision for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in ORS 137.717, or for those who have been convicted of predicate crimes related to ORS 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Public Safety Checklist risk tool, or other validated risk tool approved by the department.

(3) As used in this rule, a drug-addicted person has the meaning given that term in ORS 423.150.

(4) The department shall define the standards for performance of programs which shall be included in an intergovernmental agreement.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 18-2009, f. & cert. ef. 10-23-09

Or. Admin. R. 291-031-0230 Distribution of Supplemental Funds

(1) Supplemental funds described in OAR 291-031-0220 will be made available to counties based on a formula that matches the county’s percentage share of community corrections grant-in-aid funds. Every county will be eligible for a minimum grant of $50,000. Counties must apply for these funds as described in OAR 291-031-0240.

(2) The Director of the Department of Corrections, after consulting with the committee described in ORS 423.150, shall review the applications, and determine the funds to be allocated to each county.

(3) Unallocated funds will be made available as enhancement funding through a competitive process based on scored program proposals.

(4) Thirty days following sine die of the regular legislative session of each odd-numbered year, the Department of Corrections shall compute each county's percentage share of the biennial supplemental funds.

(5) An intergovernmental agreement between the county and the department must be executed prior to any state supplemental funds being disbursed to the county.

(6) No modifications to an approved supplemental funds intervention plan shall be placed into effect without prior written notification to the Director or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 18-2009, f. & cert. ef. 10-23-09

Or. Admin. R. 291-031-0240 Application Process

(1) Applications for supplemental funding shall be submitted to the Director or designee. Each application shall be submitted in a format and order as established by the Department of Corrections.

(2) Applications may be submitted by a county or a group of counties.

(3) The application will include a supplemental funding intervention plan that includes:

(a) Adult on supervision population to be served;

(b) Capacity of the program;

(d) Goals, outcomes, and purposes of the program or approach;

(e) How risk assessments will be used, including the risk assessment tool;

(f) Research supporting the approach, if any;

(g) If the approach has been in operation for at least a year, the outcomes of the approach, and any program evaluation data;

(h) If the approach has been in operation for at least a year, how participants rate on the community corrections performance measures (recidivism, successful completion of supervision, employment, benefit from treatment, payment of restitution, or community service work); and

(i) A budget showing how state funds and any other funds will be used to operate the program. A county may apply for up to 100 percent of the funds identified in OAR 291-031-0230.

(4) The supplemental funding intervention plan shall be reviewed and approved by the local public safety coordinating council or councils prior to being submitted to the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 18-2009, f. & cert. ef. 10-23-09

Or. Admin. R. 291-031-0250 Application Approval Process

(1) The committee described in ORS 423.150 shall review the applications and make recommendations to the Director or designee.

(2) The criteria upon which the advisory board shall base their review will include:

(a) Ability of the proposed approach to reduce crime and drug addiction;

(b) Extent to which the approach is guided by evidence-based practices or research;

(d) Whether the approach is collaborative, engaging local criminal justice system agencies and local service providers working together.

(3) The advisory board shall not recommend approval of a community corrections plan that does not address the intended populations, has a low probability of being effective in reducing crime and drug addiction, or is not guided by evidence-based practice. If the community corrections plan is not recommended for approval, the advisory board will provide recommendations to the jurisdiction submitting the application as to how to improve the community corrections plan.

(4) A county may submit a modified plan if the original application is not recommended by the advisory board or approved by the Director.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 18-2009, f. & cert. ef. 10-23-09

Or. Admin. R. 291-031-0260 Financial Records

(1) The department shall prepare and distribute to the counties written instructions regarding fiscal reporting requirements for the supplemental funds described in OAR 291-031-0220. Each county shall adhere to the department's budget, allocation, and fiscal reporting requirements.

(2) Within 120 days following the end of the state's biennial budget period, each county shall submit a closing financial report for the biennium. Any state General Fund not expended within the biennial period will be identified. A budget update will be submitted to the Department of Corrections showing how those funds will be expended for community corrections purposes in the next biennium.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.150
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 18-2009, f. & cert. ef. 10-23-09

Or. Admin. R. 291-031-0300 Purpose, Policy, and Applicability

(1) Purpose: These rules establish a process by which the Department of Corrections determines if community-based programs, on which the agency expends state funds, meet the principles of evidence-based practices.

(2) Policy: It is the policy of the Department of Corrections that state funds received for community-based programs are expended on programs that incorporate significant and relevant practices based on scientifically based research and are cost effective.

(3) Applicability: These rules apply to community-based treatment or intervention programs or services that receive state funds and are intended to reduce the likelihood that an individual will commit a crime.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2012, f. & cert. ef. 6-19-12

Or. Admin. R. 291-031-0310 Definitions for OAR 291-031-0300 through 291-031-0360

(1) Cost Effective: Benefits realized over a reasonable period of time are greater than costs.

(2) Evidence-Based Program: A program that incorporates significant and relevant practices based on scientifically based research and is cost effective.

(3) Program: A community-based treatment or intervention program or service that is intended to reduce the likelihood that an individual will commit a crime.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2012, f. & cert. ef. 6-19-12

Or. Admin. R. 291-031-0320 Program Evaluation

(1) The Department of Corrections shall identify and implement the use of a recognized and validated tool to evaluate programs to measure their fidelity to the principles of evidence-based practices.

(2) Programs that receive less than $5,000 in state funds in a biennium, pursuant to the Community Corrections Act (ORS 423.475 et seq. ), shall not be subject to program evaluation as described in this rule unless specifically requested by the county community corrections director.

(3) After a program has been evaluated using the tool described in subsection (1) of this rule, and it has been determined that the program incorporates significant and relevant practices based on scientifically based research and is cost effective, the program shall be re-evaluated at a minimum of every five years or as circumstances dictate.

(4) After a program has been evaluated using the tool described in subsection (1) of this rule, and it has been determined that the program does not incorporate significant and relevant practices based on scientifically based research and is not cost effective, the program shall be re-evaluated at a minimum of every 18 months until such time the program meets these criteria or state funds are no longer received by the program.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2012, f. & cert. ef. 6-19-12

Or. Admin. R. 291-031-0330 Program Non-Compliance

(1) Following an initial evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director.

(2) The report shall include a set of recommendations to assist the program in the process of successfully incorporating the principles of evidence-based practices into their service delivery.

(3) The Department of Corrections shall meet with the local community corrections director or designee and the program executive director or designee to review the recommendations and offer technical assistance to implement the recommendations.

(4) The Department of Corrections shall conduct a subsequent program evaluation within the next 18 months.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2012, f. & cert. ef. 6-19-12

Or. Admin. R. 291-031-0340 Continued Program Non-Compliance

(1) Following a second evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director.

(2) The report shall include an assessment of progress or lack of progress in incorporating the principles of evidence-based practices as recommended in the initial evaluation report.

(3) The report shall also include a set of recommendations to assist the program in the process of successfully incorporating the principles of evidence-based practices into their service delivery.

(4) The Department of Corrections shall meet with the local community corrections director or designee and the program executive director or designee to discuss the level of progress or lack of progress in incorporating the principles of evidence-based practices as recommended in the initial evaluation report and identify any barriers that may exist.

(5) A formal written action plan shall be prepared by the local community corrections director or designee within 90 days of the receipt of the final report as described in subsection (1) of this rule, which incorporates the report’s recommendations, specific steps to incorporate the recommendations, and the specific timeframes for implementation.

(6) The Department of Corrections shall conduct a subsequent program evaluation within the next 18 months.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2012, f. & cert. ef. 6-19-12

Or. Admin. R. 291-031-0350 Termination of Funding

(1) Following a third evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director.

(2) State funds shall not be allocated to a program that has been evaluated as described in OAR 291-031-0320(4) in three consecutive evaluations.

(3) Upon receipt of the final report, the local community corrections director shall advise the program’s executive director that state funds will no longer be allocated to the program to provide services. The local community corrections director shall take the necessary steps to terminate the service contract, if any, with the program; or alternately, the local community corrections director may choose to fund the program with local resources.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2012, f. & cert. ef. 6-19-12

Or. Admin. R. 291-031-0360 Appeal Process

(1) A county may appeal the termination of funding as described in OAR 291-031-0350 by submitting reasons for which they believe the termination of funding is not warranted, based upon one or more of the criteria listed below in subsection (3) of this rule. The appeal must be submitted in writing to the Department of Corrections.

(2) After state funds have been withdrawn from a program, the program may be reconsidered for state funding upon a finding that the program has incorporated significant and relevant practices based on scientifically based research and is cost effective.

(a) In order to be reconsidered, the program shall submit in writing to the Department of Corrections the steps they have taken to incorporate the principles of evidence-based practices.

(b) The Department of Correction shall determine whether significant changes have been made to merit a program evaluation as described in OAR 291-031-0320.

(3) Criteria which may be considered in the appeal process:

(a) Scientific basis for the program design and evidence that the program is delivered consistent with research;

(b) Outcome study;

(d) The program is a single-source provider and there are no reasonable alternatives available to provide that service within the county.

(4) Any decision of the Department of Corrections shall be final.

History

Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022
DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019
DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019
DOC 7-2012, f. & cert. ef. 6-19-12

Division 32 LAND USE COORDINATION

Or. Admin. R. 291-032-0010 Authority and Purpose

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 197.180, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish the procedures to be used by the Department in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and applicable Department of Land Conservation and Development rules. The Department’s state agency coordination program will assure that the Department’s land use programs comply with the statewide planning goals and will be compatible with acknowledged city and county comprehensive plans and land use regulation:

(a) It is the intent of these rules to describe how the Department will carry out its statutory responsibility to site and establish correctional institutions and facilities;

(b) These rules are not intended to apply to the establishment of correctional facilities under any temporary provisions of Oregon law which may authorize the siting of institutions notwithstanding the requirements of ORS 197.180. These rules also are not meant to authorize local governments to prevent the Department from carrying out its statutory responsibility to operate, control, manage or supervise correctional institutions.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0020 Applicability

(1) The provisions of this division (OAR 291-032) shall apply to the following Department programs and actions:

(a) Site selection for future statewide and regional correctional facilities identified as necessary to replace or augment current correctional facilities in any long range strategic plans commissioned by the Department;

(b) Facility construction including new construction and/or major expansion of existing correctional facilities by the Department;

(c) Approval of community correctional grants and loans to local governments where such grants or loans will be used for the construction of new, or the major expansion of existing, correctional facilities; and

(d) Any other programs or actions that:

(A) Are determined to be “programs affecting land use” pursuant to ORS 197.180 and Department of Land Conservation and Development rules;

(B) Involve a change or an intensification of land use; or

(2) The provisions of this division (OAR 291-032) do not apply to such Department programs or actions as:

(a) Facility maintenance and rehabilitation;

(b) Replacement of equipment or fixtures;

(d) Any other similar activities that are determined not to be “programs affecting land use” pursuant to ORS 197.180 and Department of Land Conservation and Development rules.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0030 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Prior to undertaking any action or program listed in OAR 291-032-0020, the Department shall find that the program or action complies with the statewide planning goals and is compatible with acknowledged comprehensive land use plans and land use regulations. The Department shall make its goal compliance and comprehensive plan compatibility findings in accordance with these rules and the Department’s certified state agency coordination program.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0040 Compliance with the Statewide Planning Goals — Land Use Program

(1) Except as provided in section (3) of this rule, the Department shall achieve goal compliance for Department land use programs, whenever possible, by taking actions that are compatible with the acknowledged comprehensive plan and land use regulations of the applicable local government(s).

(2) An action within a Department “land use program” shall be considered to be in compliance with statewide planning goals when such action is compatible with the applicable local government’s acknowledged comprehensive plan and land use regulations.

(3) In the event that the Department is required to adopt findings to comply with any statewide planning goals, the Department shall adhere to the following procedures:

(a) Confirm that a situation exists that is not addressed in the applicable local government’s acknowledged comprehensive plan and land use regulations which requires the Department to adopt findings of compliance with one or more of the statewide planning goals;

(b) Identify the specific statewide planning goal(s) or goal requirements the Department must address;

(d) Request, as necessary, interpretive guidance from the Department of Land Conservation and Development and the Attorney General’s Office;

(e) Rely on any relevant goal interpretations applicable to state agencies adopted by the Department of Land Conservation and Development rules; and

(f) Adopt any necessary findings to assure compliance with the statewide planning goals.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0050 Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

(1) Prior to approving or undertaking an action or project listed in OAR 291-032-0020, the Department shall find that the program or action is compatible with the affected local government’s acknowledged comprehensive plan and land use regulations. To make its plan compatibility findings, the Department shall assure compatibility with applicable local government comprehensive plans through a process of preapplication meetings and concept review with the planning section of the local government with permitting authority for the project.

(2) A Department decision to proceed with a project or action shall not be made until it obtains one or more of the following:

(a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body; or

(b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction’s comprehensive plan, land use regulations, or development codes, but does not require specific approval by the jurisdiction; or

(c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county.

(3) In the case of a community correctional grant or loan, the Department shall require the grant or loan applicant to provide the Department with written information documenting the project’s compatibility with applicable comprehensive plan and land use regulations. Such documentation shall include one of the following:

(a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body;

(b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction’s comprehensive plan, land use regulations or development codes, but does not require specific approval by the jurisdiction; or

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0060 Compliance with the Statewide Planning Goals

(1) Except as provided in section (4) of this rule, the Department shall achieve Goal compliance whenever possible by taking actions that are compatible with the acknowledged city and county comprehensive plans and land use regulations.

(2) Where appropriate, the statutory plan amendment and periodic review processes shall be used to obtain local land use approvals for a project or action proposed by the Department which affects land use.

(3) An action within a Department “land use program” is considered to be in compliance when such an action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body.

(4) When the Department in the process of siting a facility recommended under a strategic plan commissioned by the Department, finds that the acknowledged comprehensive plan and land use regulations of the applicable local governing body do not contain requirements or conditions specifically applicable to the facility that the Department seeks to site, the Department shall comply with the statewide goals by adopting written findings. To adopt such findings the Department may:

(a) Identify the specific statewide goals which must be addressed;

(b) Consult directly with the affected city or county;

(c) Request interpretive guidance from the Department of Land Conservation and Development and the Attorney General’s Office; and

(d) Rely on any relevant goal interpretation for state agencies adopted by Department of Land Conservation and Development by rule.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0070 Dispute Resolution

(1) It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations, whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 421 (Department of Corrections Institutions) and 423 (Corrections Administration and Programs), may prevent the Department from meeting its land use compatibility responsibility under 197.180.

(2) The Department shall attempt to resolve all land use disputes, including conflicting statutory obligations, by direct contact with the affected cities and counties. Whenever possible, Department efforts to avoid and resolve potential land conflicts concerning a specific use or action shall be conducted prior to and through local government land use proceedings. Such efforts may include Department participation in preapplication meetings and conflict resolution activities, and the provision of technical information and assistance to the affected local government(s).

(3) In the event the Department and a local government do not agree that a Department program or action is compatible with the applicable comprehensive plan and land use regulations, the Department will attempt to resolve the dispute though the following procedures:

(a) Hold direct discussions with the affected local government(s), the Department of Land Conservation and Development, and any other appropriate or affected persons or agencies to identify ways the project or action can be made compatible with the jurisdiction’s comprehensive plan and land use regulations;

(b) Examine alternatives to achieving the Department’s project or action, including possible modification of the proposed project or action, or withdrawal of the proposal;

(c) Appeal of local government denials of Department of Corrections requests for land use approvals or compatibility determinations when determined to be necessary by the Department; or

(d) If the dispute is not resolved through subsections (a) through (c) of this section, the Department may request informal mediation of a compatibility determination from the Land Conservation and Development Commission in accordance with established rules.

(4) If the Department’s statutory obligation remains in conflict, after exhausting the appropriate procedures in section (3) of this rule, and the Department determines that it must act, the Department shall adopt written findings explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulation, and then adopt goal findings to assure compliance with statewide planning goals, in accordance with the Land Conservation and Development Commission rules.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0080 Compliance and Compatibility of New or Amended Department Land Use Programs

(1) The Department shall assure that new or amended Department rules and programs affecting land use will comply with the statewide planning goals and be compatible with acknowledged comprehensive plans and land use regulations.

(2) The Department shall submit notice of the proposed amendment of any existing Department rule or program or any new Department rule or program to the Department of Land Conservation and Development in the manner prescribed in established rules.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0090 Coordination with Affected State and Federal Agencies and Special Districts

The Department shall coordinate with state and federal agencies and special districts on Department projects or actions affecting land use, when necessary. Additionally, the Department may coordinate with state and federal agencies and special districts on land use issues of concern to the Department.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
CD 25-1992, f. & cert. ef. 12-9-92

Or. Admin. R. 291-032-0100 Cooperation and Technical Assistance to Local Governments

(1) Subject to statutory and budgetary limitations, the Department shall provide technical assistance and information to local governments and other interested persons. Such assistance and information offered shall be for the purpose of implementing Department programs affecting land use and to help cities and counties revise and carry out their comprehensive plans and land use regulations with regard to the siting and development of correctional facilities.

(2) Specific Department involvement with local governments may include participation in preapplication meetings, periodic review, plan and land use regulation amendments and plan updates, and implementation actions of comprehensive plans. Where appropriate, the Department may urge the adoption by local governments of policies which recognize the plans and programs of the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075
DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019
CD 25-1992, f. & cert. ef. 12-9-92

Division 34 TRANSFERS (AIC)

Or. Admin. R. 291-034-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish the process and procedures for the orderly commitment and transfer of inmates from one Department of Corrections facility to another. This rule also establishes the process for the approval of those commitments and transfers.

(3) Policy:

(a) In accordance with provisions of ORS 137.124, 421.455, and the administrative rules of the Board of Parole and Post-Prison Supervision, it is the policy of the Department of Corrections that inmates under the jurisdiction of the Department of Corrections may be transferred from one Department of Corrections facility to another.

(b) It is the policy of the Department of Corrections that all non-emergency transfers of inmates between facilities be coordinated and approved by the Office of Population Management and the DOC Transport Unit.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075
DOC 13-2015, f. & cert. ef. 10-20-15
CD 25-1991, f. & cert. ef. 12-11-91

Or. Admin. R. 291-034-0010 Definitions

(1) Corrections Information System (CIS): A computer system dedicated to tracking information critical to the management of inmates and offenders under the custody, supervision or both of the Department of Corrections.

(2) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(3) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(4) Intake Facility: A Department of Corrections facility Intake Center where newly committed inmates and parole violators are evaluated as to custody classification, risk and needs assessments, and are assigned to the appropriate facilities within the state prison system.

(5) Office of Population Management: A functional unit of the department that oversees capacity and resource management, the inmate classification system, high risk inmate placements, Interstate Corrections Compact, treatment and program screening, Oregon Youth Authority/ghost caseloads, centralized Static 99R assessments, centralized transfer authority, and staff and inmate conflict reviews.

(6) Transfer: A movement and reassignment of supervision of an offender between Community Services/community corrections offices or an inmate between Department of Corrections facilities.

(7) Transfer Coordinator: The DOC Transport Unit staff member responsible for reviewing approved inmate transfer requests to prioritize and coordinate the logistics, planning, and scheduling of DOC inmate transfers. This position is also the primary DOC liaison with law enforcement, county jails, and courts for coordinating and scheduling inmate transfers for interviews and/or court appearances and return to DOC custody.

(8) Transport: The DOC Transport Unit.

(9) 1206 Transfer Request: A DOC approved electronic process using the Corrections Information Systems (CIS) to initiate a request for inmate transfers.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075
DOC 13-2015, f. & cert. ef. 10-20-15
CD 25-1991, f. & cert. ef. 12-11-91

Or. Admin. R. 291-034-0015 Intake Facility Transfers

(1) All transfers from the Coffee Creek Intake Center shall be based upon the inmate's classification score, medical status, program needs, available bed space, and operational needs of the department.

(2) Staff at the Coffee Creek Intake Center is responsible for:

(a) Compiling the background information on all inmates;

(b) Conducting risk and needs assessments;

(d) Initiating inmate classification, and when appropriate, the Work Housing Assessment Level Evaluation (WHALE); and

(e) Making appropriate recommendations for transfer to the Office of Population Management.

(3) If the Office of Population Management determines the recommendation is appropriate and bed space is available, the Office of Population Management shall approve the inmate for transfer.

(4) If the Office of Population Management determines the recommendation cannot be endorsed, the Office of Population Management shall determine the appropriate facility, or refer the transfer request back to intake staff.

(5) After the request has been approved by the Office of Population Management, Transport will schedule the inmate for transportation. Transport may transfer an inmate to an alternate facility when appropriate and necessary for staging purposes or due to current operational needs.

(6) Inmates with special circumstances (i.e., medical services) shall be reviewed by the Office of Population Management and Transport for consideration of special transfer and transport arrangements.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075
DOC 13-2015, f. & cert. ef. 10-20-15
CD 25-1991, f. & cert. ef. 12-11-91

Or. Admin. R. 291-034-0020 Routine Transfers

(1) When institution staff becomes aware an inmate's current placement may no longer meet his/her custodial or program needs or is contrary to existing policy, the inmate shall be considered for transfer to another Department of Corrections facility.

(2) Institution staff shall provide information to the Office of Population Management and Transport via the CIS using the 1206 transfer request screen. This information includes the inmate's current classification and/or WHALE, needs assessments, special case considerations, and medical status.

(a) The 1206 transfer request will be reviewed and approved or denied by the Office of Population Management.

(b) If a routine transfer needs to be completed that day and the Office of Population Management staff is unavailable, the Transfer Coordinator may approve the 1206 transfer request. The Transfer Coordinator may deny a 1206 transfer request at the time of the move if the circumstances have changed (i.e. medical restrictions, custody level change, security concerns, etc.).

(3) When transfers are necessary to meet the population management needs of the department, the Office of Population Management will make requests of institution staff to identify appropriate inmates for transfer.

(4) Transport will provide notice to both the sending and receiving facilities of inmates being transported on the following business day, except in emergency cases, or for security reasons.

(5) The sending facility shall ensure the information (e.g., classification, medical, and designators) provided to the Office of Population Management and Transport is accurate before the actual transfer.

(6) The sending facility will ensure all inmates transferred to another facility are transferred with the following: institution file, medical file (including any prescribed medicine), inmate property, and inmate ID card.

(7) If an inmate is removed from a scheduled transfer, the sending facility shall contact the Office of Population Management and Transport.

(8) The Transfer Coordinator may enter and approve 1206 transfer requests for certain moves, including but not limited to, court, law enforcement interviews, staging, and interstate transfers.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075
DOC 13-2015, f. & cert. ef. 10-20-15
CD 25-1991, f. & cert. ef. 12-11-91

Or. Admin. R. 291-034-0025 Administrative Transfers

(1) All administrative transfers will be requested through the use of the 1206 transfer request 1206 screen in the CIS. The 1206 transfer request will be reviewed and approved or denied by the Office of Population Management.

(2) When an inmate’s conduct is determined to be a threat to the safety or security of the facility, the inmate may be referred for transfer using a 1206 transfer request.

(3) Transfers for medical or mental health purposes will be coordinated through the Medical Services or Behavioral Health units of both the sending and receiving facilities, and be processed through the Office of Population Management by the sending facility. Upon completion of the needed medical or mental health care, the inmate may be considered for transfer.

(4) Emergency Transfers:

(a) If the conduct or presence of an inmate is an immediate danger to the security of the facility or safety of staff, the inmate, or other inmates, and the facility does not have adequate segregation facilities to contain the behavior or provide the necessary security, an emergency transfer may be made pursuant to the following procedures:

(A) When the functional unit manager or designee determines an emergency transfer is necessary, a telephone or e-mail request shall be directed to the receiving facility, and coordinated with the Office of Population Management and the Transfer Coordinator during business hours, or notice sent to the Office of Population Management and the Transfer Coordinator after business hours;

(B) The request shall include the inmate's name, SID number, and all applicable information, including the reason for the emergency transfer.

(b) The sending facility shall notify the receiving facility of the number of inmates being transferred, including the date and time of the transfer. The transporting officer shall ensure all records and personal property are sent with the inmate. Exceptions to this include, but are not limited to the following, the inmate’s personal property is unavailable at the time of transport or there is not enough available vehicle space to move the inmate’s property.

(c) If the move occurs outside normal office hours, the Office of Population Management will receive an automatic notification on the next business day and may follow up with the sending facility with the reason for the transfer.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075
DOC 13-2015, f. & cert. ef. 10-20-15
CD 25-1991, f. & cert. ef. 12-11-91

Or. Admin. R. 291-034-0030 General — Institutional Instruction

(1) When an inmate is transferred from one facility to another, the inmate's updated file, including health records, will be transferred to the receiving facility.

(2) Inmates must work with their counselors regarding transfers outside of those that meet basic operational needs of the department, e.g., work assignments, educational, or program needs. The counselor is responsible for ensuring the transfer is consistent with the inmate’s case plan, and transfers have been approved by the appropriate stakeholders. Stakeholder approval must be reflected in the 1206 transfer request.

(3) While the department recognizes the importance of family and friends in the rehabilitation of inmates, the department is unable to grant transfer requests for the purpose of hardship or convenience. An inmate may request a temporary transfer for a supervised trip or emergency leave in accordance with the rules on Emergency Leaves and Supervised Trips (OAR 291-063).

(4) Every effort will be made to house an inmate near his/her releasing county within 6-12 months before the inmate’s release date.

(5) Each facility shall designate staff responsible for review and approval of transfer requests. These requests will be entered into the 1206 transfer request screens for approval by the Office of Population Management.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075
DOC 13-2015, f. & cert. ef. 10-20-15
CD 25-1991, f. & cert. ef. 12-11-91

Division 35 RESEARCH PROPOSALS

Or. Admin. R. 291-035-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish a uniform process for review and approval of proposals for external research conducted within the Department of Corrections.

(3) Policy: It is the policy of the Department of Corrections to facilitate research performed by outside entities that will yield information to help the department improve its effectiveness. Research may be conducted in coordination with department staff or contract services.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2019, amend filed 01/22/2019, effective 01/22/2019
DOC 14-2011, f. & cert. ef. 7-15-11
CD 2-1994, f. 1-13-94, cert. ef. 2-1-94
CD 14-1986, f. & ef. 6-30-86
CD 12-1985, f. & ef. 7-31-85
CD 35-1983, f. & ef. 10-14-83
CD 29-1983(Temp), f. & ef. 9-1-83
CD 27-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-035-0010 Definitions

(1) Adult in Custody (AIC): A person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) External Research Party (ERP): Any person or persons who submit one or more proposals to the Research Committee to conduct research with adults in custody or department staff. An approved ERP is any person whose research proposal has been approved by the DOC Research Committee.

(3) External Research Proposals: Proposals submitted by external parties which includes but is not limited to research initiated or conducted by department staff (internal to the department, who may be benefitting from an externally awarded degree), colleges, universities, government or private agencies and organizations, or other parties outside the department.

(4) Institutional Review Board (IRB): As defined in Protection of Human Subjects, 45 C.F.R. § 46, an IRB is an independent body whose purpose is to review research proposals that involve human subjects. An IRB assures that the rights, safety, and well-being of research subjects are protected, that informed consent is obtained, and that the benefits of the research outweigh the risks involved. IRBs are usually associated with universities, colleges, or other agencies and are not affiliated with the department or any of its prisons.

(5) Offender: Any person under the supervision of the Department of Corrections, local supervisory authority or community corrections who is on probation, parole, or post-prison supervision status.

(6) Research: The systematic design and implementation of appropriate methods to collect, analyze, and disseminate data to answer specific questions or test scientific theory.

(7) Research Committee: A committee comprised of four or more Department of Corrections employees including the Research Committee Chair, at least one member from the department’s Executive Team, and content experts as needed.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2020, amend filed 06/18/2020, effective 06/18/2020
DOC 4-2019, amend filed 01/22/2019, effective 01/22/2019
DOC 14-2011, f. & cert. ef. 7-15-11
CD 2-1994, f. 1-13-94, cert. ef. 2-1-94
CD 12-1985, f. & ef. 7-31-85
CD 27-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-035-0011 General Information

(1)The Research Committee will promote, screen, approve, and monitor external research that aligns with the department’s mission, values, goals, initiatives; and benefits AICs, offenders, AIC families, department staff, the Department of Corrections, or the State of Oregon.

(2) External research proposals requiring department policy decisions will be referred to the appropriate assistant director for review.

(3) The Research Committee Chair will keep records documenting each proposal review, committee decision, and the conditions of proposal acceptance.

(4) All external research proposals submitted to DOC must be reviewed and approved by an Institutional Review Board and the DOC Research Committee before research within DOC can begin. A copy of the IRB application and approval letter must be provided to the Research Committee Chair.

(5) The DOC Research Committee does not function as an Institutional Review Board.

(6) Participation in research by AICs, offenders, AIC family members, or staff must be voluntary and participant confidentiality protected.

(7) The ERP of the proposed research shall disclose to potential research participants any information that should be protected and thereby exempt from disclosure under the Public Records exemption law ORS 192.355.

(8) The proposed research may not:

(a) Expose any AIC, offender, AIC family member, or staff member, with or without informed consent, to involvement in medical, psychiatric, psychological experimentation, or any other experimental research as defined in ORS 421.085.

(b) Pose a significant hazard to the life or health of any human being, state property, security or sound order of any institutions, mission of the Department of Corrections, or any of its functional units.

(9) The department will not accept new research proposals when resources are limited.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2020, amend filed 06/18/2020, effective 06/18/2020
DOC 4-2019, amend filed 01/22/2019, effective 01/22/2019
DOC 14-2011, f. & cert. ef. 7-15-11

Or. Admin. R. 291-035-0015 Submitting a Research Proposal

(1) The ERP may obtain an External Research Application (CD 1838) and additional information on the submission process at www.oregon.gov/doc.

(2) The ERP must submit the completed application (CD 1838) and all other relevant study materials (e.g., Institution Review Board application, Institution Review Board approval letter, consent forms, assessments, surveys, etc.) to: ODOCResearchCommitteeChair@doc.state.or.us

(a) The Research Committee will review new research proposals on a bimonthly timeline. New research proposals must be received by the Committee Chair 30 business days before the Research Committee review date to be considered. Committee review dates are listed at www.oregon.gov/doc.

(b) The Research Committee will notify the ERP of the determination or if additional conditions are required within 4-6 weeks from the submission date.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2019, amend filed 01/22/2019, effective 01/22/2019
DOC 14-2011, f. & cert. ef. 7-15-11
CD 2-1994, f. 1-13-94, cert. ef. 2-1-94
CD 14-1986, f. & ef. 6-30-86
CD 12-1985, f. & ef. 7-31-85
CD 35-1983, f. & ef. 10-14-83
CD 29-1983(Temp), f. & ef. 9-1-83
CD 27-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-035-0021 Research Proposal Review Process

(1) The Research Committee will consider proposals to conduct research with AICs, offenders, AIC family members, or department staff.

(2) The committee will ensure the proposed research:

(a) Is designed and identifies goals that are appropriate for a correctional setting as well as aligns with the department’s mission, values, and goals;

(b) Will cause minimal disruption to the operations of our institutions;

(c) Provides a balance between required department resources, the potential benefits to the department, and determines what expenses, if any, will be borne by the department;

(d) Is initiated by:

(A) College or university students who are under the supervision of a faculty advisor, or;

(B) Government or private agencies, institutions, and individuals who have training and knowledge in research methods, statistical analysis, and the dissemination of findings.

(e) Includes a research design that is sufficient to test the stated hypotheses, is relevant and of importance to AICs, offenders, AIC family members, department staff, the Department of Corrections, the State of Oregon, or the field of corrections;

(f) Presents an adequate background, review of relevant literature, reasonable goals, and measurable objectives;

(g) Presents an understandable and adequate methodology, including participant selection, identification of experimental variables, data collection, data analysis, and data presentation, and;

(h) Integrates the department’s interests and considerations as enhancements to the proposed research where appropriate.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2020, amend filed 06/18/2020, effective 06/18/2020
DOC 4-2019, adopt filed 01/22/2019, effective 01/22/2019

Or. Admin. R. 291-035-0025 Use of Data

(1) The department prohibits unauthorized use or sharing of personal identifiers and information in any way that materially compromises the security, confidentiality, or integrity, of personal information. Subject to the Public Information disclosure requirements, the approved ERP shall treat any data received from DOC as private and privileged, and will not divulge in any form to any person, firm corporation or entity except on the direct written authorization of DOC.

(2) Approved ERPs are responsible for complying with statutory requirements regarding information security in accordance with ORS 276A.300, ORS 646A.600, and DOC Information Security policies 60.1.4, 60.1.5 and 60.1.6.

(3) Data collected may only be used for the purpose outlined in the proposal approved by the Research Committee. Additional use of the data including but not limited to other analyses, reporting, and dissemination must be preapproved by the Research Committee.

(4) While the department does not prohibit the approved ERP from distributing accurate data, the department may require the inclusion of a disclaimer if the department is not in agreement with the approved ERP’s assumptions regarding the data or conclusions drawn.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2019, adopt filed 01/22/2019, effective 01/22/2019

Or. Admin. R. 291-035-0030 Completion of Research Project

(1) The approved ERP shall return all data collected as part of the research to the Research Committee Chair in a format acceptable to the department, unless an exemption is approved by the Research Committee. Exemptions must be discussed and finalized prior to the approval of research proposals.

(2) The approved ERP shall provide a copy of all research reports, related manuscripts, and a two-page summary report of the research findings (e.g., was the hypothesis true or not, who in the department benefits from the research findings [location], and listed, relevant recommendations) to the Research Committee Chair.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2019, adopt filed 01/22/2019, effective 01/22/2019

Division 37 RELEASE OF PUBLIC RECORDS

Or. Admin. R. 291-037-0005 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, 192.318, and 192.324.

(2) Purpose: To establish uniform procedures and guidelines for release of Department of Corrections public records.

(3) Policy: It is the policy of the Department of Corrections that public records maintained by the department will be available to all persons, consistent with applicable laws and administrative rules governing the disclosure of such records and consistent with the need to protect such records, to prevent interference with the regular discharge of duties, and to recover fees reasonably calculated to reimburse the department for its costs in making such records available.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025
DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022
CD 18-1989, f. & cert. ef. 9-8-89
CD 10-1989(Temp), f. & cert. ef. 6-20-89
Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89
CD 43-1986, f. & ef. 10-17-86
CD 44-1985, f. & ef. 8-16-85
CD 13-1983, f. & ef. 3-18-83
CD 6-1979, f. 3-2-79, ef. 3-7-79
CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79

Or. Admin. R. 291-037-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, probation, or post-prison supervision status.

(3) Department of Corrections Facility: Any institution, facility, or employee office, including the grounds, operated by the Department of Corrections.

(4) Employee: For the purposes of these rules, any person employed full-time, part-time or under temporary appointment by the department; any person under a contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services to department programs.

(5) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(6) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025
DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022
CD 18-1989, f. & cert. ef. 9-8-89
CD 10-1989(Temp), f. & cert. ef. 6-20-89
Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89
CD 43-1986, f. & ef. 10-17-86
CD 44-1985, f. & ef. 8-16-85
CD 13-1983, f. & ef. 3-18-83
CD 6-1979, f. 3-2-79, ef. 3-7-79
CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79

Or. Admin. R. 291-037-0015 Requests for Department Public Records

(1) Persons other than adults in custody wishing to request public records from the Department of Corrections shall:

(a) Establish a customer account and submit a request for public records using the department’s public records portal found online at Oregon.gov/doc; or

(b) Mail or hand-deliver a written request for public records addressed to the Oregon Department of Corrections Public Records program manager at the following address: 3723 Fairview Industrial Dr SE #200, Salem, OR 97310.

(c) Additional information regarding requesting public records from the Department of Corrections is available to the public on the department’s website at Oregon.gov/doc.

(2) Adults in custody wishing to request public records from the Department of Corrections shall submit a written request for public records to the department's functional unit manager where the record is located.

(3) At a minimum, requests for public records must:

(a) Include the requester’s name (first and last);

(b) Include the requester’s mailing address or contact email address; and

(4) To aid employees in locating responsive records, and reduce the department’s fees to requesters for doing so, requesters should provide as much information as possible to describe the record requested, including:

(a) Names of persons involved;

(b) Relevant dates and timeframes of the matter that is the subject of the record; and

(c) If an adult in custody is the subject of the requested record, the state identification number (SID #) of the adult in custody, if known.

(5) Requests for records that require a written disclosure authorization or court order authorizing the department to disclose the record (for example, protected health records, alcohol and drug treatment records, trust account records, and education records) must be accompanied by a legally valid and enforceable written disclosure authorization or a court order.

(6) If the record requested is not located in the Department of Corrections functional unit where the request is received, or the request is sent to the incorrect functional unit manager, the request will be forwarded to the appropriate Department of Corrections functional unit manager where the record is located.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025
DOC 14-2025, temporary amend filed 07/16/2025, effective 07/16/2025 through 01/02/2026
DOC 12-2025, temporary amend filed 07/03/2025, effective 07/07/2025 through 01/02/2026
DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022
CD 18-1989, f. & cert. ef. 9-8-89
CD 10-1989(Temp), f. & cert. ef. 6-20-89
Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89
Renumbered from 291-010-0100, CD 13-1983, f. & ef. 3-18-83
CD 6-1979, f. 3-2-79, ef. 3-7-79
CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79
CD 32, f. & ef. 4-5-76

Or. Admin. R. 291-037-0020 Processing of Public Records Requests

(1) The functional unit manager will designate one (1) or more employees to review records for release.

(2) The designated employee will process the request for records in accordance with the Public Records Law, codified at ORS 192.311 to 192.478.

(3) Proper and reasonable opportunity for inspection or to obtain copies of nonexempt public records will be provided, consistent with security requirements at each department facility and functional unit and as the circumstances warrant.

(a) The department’s ability to accommodate requests for in-person inspection of records is subject to employee and equipment availability.

(b) The functional unit manager will designate an employee to supervise inspection of nonexempt records.

(4) If the requested records contain both information that is subject to disclosure and information that is exempt from disclosure, the exempt information will be segregated from the nonexempt information, where possible, and the nonexempt information will be provided.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324
DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025
DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022
CD 3-1994, f. 2-17-94, cert. ef. 3-1-94
CD 18-1989, f. & cert. ef. 9-8-89
CD 10-1989(Temp), f. & cert. ef. 6-20-89
Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89
CD 44-1985, f. & ef. 8-16-85
CD 13-1983, f. & ef. 3-18-83
CD 6-1979, f. 3-2-79, ef. 3-7-79
CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79
CD 32, f. & ef. 4-5-76

Or. Admin. R. 291-037-0035 Fees and Payment for Public Records

(1) The department’s fees for processing and making available nonexempt records include, but is not limited to, employee time to search, gather, review, and copy the records. The department fee schedule is set out below:

(a) Clerical work at $25.00 per hour;

(b) Managerial work at $40.00 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media costs set in statewide price agreement;

(f) Postage at current postal rates;

(g) Actual additional costs for services for which no fee has been established (for example, computer time; travel, shipping, or communication costs; fees to retrieve records from archives; etc.) shall be determined by the department; and

(h) Department of Justice and other applicable legal fees shall be assessed at the actual hourly rate charged for public records related services (such as, reviewing public records, redacting material from the records, or segregating the records into exempt and nonexempt records). Fees are subject to statutory limitations described in ORS 192.440.

(2) If the department can process a request for records in less than 30 minutes of employee time, the department will not charge to search, gather, and review the records.

(a) Copy and media costs will be assessed as appropriate.

(b) For audio recordings, a flat rate of $5.00 plus the cost of the media will be charged when it takes less than 30 minutes of employee time to search, gather, copy, and review the records. Actual time and fees for media will be charged if over 30 minutes of employee time to search, gather, copy, and review records.

(c) Only one 30-minute fee waiver will be granted to a requester who files fragmented or multiple small requests within a 60-day period that in the aggregate requires more than 30 minutes of employee time to process.

(3) Except as noted below, no inspection or duplication of a record is authorized until payment has been received.

(a) Payments must be received in the form of a money order, cashier's check, or business check made payable to the Oregon Department of Corrections.

(b) An adult in custody must submit a signed Withdrawal of Funds form (CD 28D) and have sufficient funds on their trust account at the time they make a public records request. The Withdrawal of Funds form (CD 28D) must be successfully processed and the funds received prior to the release of records.

(4) Fees for inspection or duplication by other government agencies or contractors responsible for the treatment of adults in custody or adults on supervision may be waived as outlined in 291-037-0040.

(5) The fee schedule for copies of adult in custody health records is established in OAR 291-124.

(6) The fee schedule for copies of adult in custody trust records is established in OAR 291-158.

History

Statutory/Other Authority: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075
DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025
DOC 2-2022, adopt filed 04/14/2022, effective 04/14/2022

Or. Admin. R. 291-037-0040 Fee Waiver or Reduction

(1) Any person requesting a fee waiver or reduction must submit their request in writing to the department for consideration.

(2) The department may furnish copies without charge or at a substantially reduced fee if the department determines that a fee waiver or reduction in fees is in the public interest because making the record available primarily benefits the general public.

(3) If the department decides to furnish copies at a reduced fee, it will do so in accordance with the following reduced fee schedule:

(a) Clerical work at $20.00 per hour;

(b) Managerial work at $32.00 per hour;

(d) Copies at current state printing and distribution price list;

(e) Media costs set in statewide price agreement;

(f) Postage at current postal rates;

(g) No additional cost considerations will be passed on to the requester under this reduced fee structure; and

(h) Department of Justice or other applicable legal fees at $75.00 per hour. Fees are subject to statutory limitations described in ORS 192.440.

(4) The department will notify the requester in writing of the department’s decision regarding the fee waiver or reduction request.

History

Statutory/Other Authority: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075
DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025
DOC 2-2022, adopt filed 04/14/2022, effective 04/14/2022

Division 38 PRE-SENTENCE REPORTS

Or. Admin. R. 291-038-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish the criteria for a uniform presentence report format for use by the sentencing court and the Board of Parole and Post-Prison Supervision in accordance with requirements of ORS 144.791. If no presentence report is prepared, the Department of Corrections shall prepare a report of similar content for the Board of Parole and Post-Prison Supervision in accordance with 144.185.

(3) Policy: The Department of Corrections realizes the importance of identifying and reporting current and valid information concerning convicted offenders; further, it is imperative that the preparation and presentation of this information is accomplished in a standard, consistent manner and meets the requirements specified in ORS 144.791. The presentence report shall provide information such that it is a useful tool in the supervision and management of the offender and in reducing future criminal conduct.

History

Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
DOC 10-2010, f. & cert. ef. 9-8-10
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86

Or. Admin. R. 291-038-0010 Definitions

Victim: ORS 137.530 defines a victim as “the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent."

History

Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86

Or. Admin. R. 291-038-0015 Procedures

(1) When a person is convicted of a felony and the court requests a presentence report, the county community corrections office shall furnish a presentence report to the sentencing court.

(2) If a presentence report has previously been prepared with respect to the defendant, the local community corrections office shall furnish a copy of that report, and a supplemental report bringing it up to date, to the sentencing court.

(3) The presentence report shall include:

(a) A summary of the factual circumstances of the crime or crimes of conviction and an appropriate classification of each crime of conviction on the crime seriousness scale in accordance with Criminal Justice Commission rules OAR 213-017-0000 to 213-017-0011. If the crime of conviction is subclassified in accordance with Criminal Justice Commission rules OAR 213-018-0000 to 213-018-0110 and OAR 213-019-0000 to 213-019-0015, the presentence report shall state the factual circumstances that justify the proposed subclassification.

(b) A listing of all prior adult felony and Class A misdemeanor convictions and all prior juvenile adjudications and an assessment of the appropriate classification of the criminal history on the Criminal History Scale in accordance with Criminal Justice Commission rules OAR 213-004-0006 to 213-004-0013.

(c) An analysis of the disposition that is most likely to reduce the defendant's criminal conduct based on an assessment of the defendant's risk, needs, and responsivity factors and why such disposition would have the desired effect.

(d) An assessment of the availability to the defendant of any relevant programs or treatment, both in and out of custody, whether provided by the Department of Corrections or another entity.

(e) A proposed grid block classification for each crime of conviction and the presumptive sentence for each crime of conviction.

(A) If the proposed grid block classification is a grid block above the dispositional line, the presentence report shall state the presumptive prison term range and the presumptive duration of post-prison supervision.

(B) If the proposed grid block classification is grid block 8-G, 8-H, or 8-I, the presentence report shall state whether the defendant is eligible for an optional probationary sentence. If the defendant is eligible, the presentence report may include a recommendation that an optional probationary sentence be imposed with a further recommendation for the appropriate conditions of probation designed to reduce future criminal conduct.

(C) If the proposed grid block classification is a grid block below the dispositional line, the presentence report shall provide the following information:

(i) The presumptive term of probation;

(ii) The maximum number of custody units that may be imposed and the number of custody units that may be used to impose jail time as part of the probationary sentence;

(iii) A recommendation for the appropriate conditions of probation including both custody and non-custody conditions; and

(iv) Any other information relevant to the imposition of a presumptive sentence as provided by these rules.

(f) Contain a recommendation as to whether a departure from the guidelines is appropriate. If the recommendation is made, the presentence report shall indicate the aggravating or mitigating factors upon which the departure recommendation is made. Such recommendations shall be consistent with the requirements for departures as defined by Criminal Justice Commission rule OAR 213-008-0007.

(g) Contain recommendations with respect to the sentencing of the defendant, including incarceration or alternatives to incarceration, restitution, special conditions, in-custody or community-based treatment programs, and post-prison supervision.

(h) Contain such additional information as the court may request upon consultation with the district attorney and the defendant or defense counsel. All recommendations shall be for the information of the court and shall not limit the sentencing authority of the court.

(j) Each community corrections department shall establish a time line for completion of the presentence report. The presentence report will be submitted to the court a minimum of five judicial days in advance of the date set for sentencing

History

Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
DOC 4-2025, minor correction filed 05/01/2025, effective 05/01/2025
DOC 4-2020, amend filed 02/19/2020, effective 02/19/2020
DOC 10-2010, f. & cert. ef. 9-8-10
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86

Or. Admin. R. 291-038-0030 Presentence Report — Victim Contact

When a presentence report is made, the preparer of the report shall:

(1) Make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim. If contacting the victim directly might be detrimental, and if a statement about the effect of the crime on the victim can be gathered through another method, such as through a victim advocate, the writer may use professional judgment in deciding how to include a victim statement in the report.

(2) If the victim is under 18 years of age, obtain the consent of the victim's parents or guardian before contacting the victim.

(3) Include the statement of the victim in the presentence investigation report.

(4) If unable to contact the victim or if the victim declines to make a statement, report that he/she was unable to contact the victim after making reasonable efforts to do so, or if the contact was made with the victim, that the victim declined to make a statement.

(5) Before taking a statement from the victim, inform the victim that the statement will be made available to the defendant and the defendant's counsel prior to sentencing as required under ORS 137.079.

History

Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
DOC 4-2020, amend filed 02/19/2020, effective 02/19/2020
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86

Or. Admin. R. 291-038-0040 Post-Sentence Reports

If the defendant is committed to the custody of the Department of Corrections without a presentence report, the Department shall prepare a report of similar content to the presentence report at the request of and for submission to the Board of Parole and Post-Prison Supervision.

History

Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86

Or. Admin. R. 291-038-0050 Presentence Report Disclosure

The presentence report is not a public record and shall be made available only to the court, district attorney, defendant or defendant’s counsel, community corrections staff in the county of supervision, and the Board of Parole and Post-Prison Supervision.

History

Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075
DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98
CD 32-1986, f. & ef. 9-19-86

Division 39 RELEASE OF PUBLIC INFORMATION

Or. Admin. R. 291-039-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: It is the purpose of this rule to establish uniform procedures and guidelines for the release of information to all persons including the news media. Information will be released regarding the Department of Corrections programs, services, facilities, and its employees, contractors, volunteers, and in-mates/offenders.

(3) Policy: It is the policy of the Department of Corrections that prompt and accurate responses will be given to inquiries by all persons including the news media. Information released will be consistent with all laws governing the release of public information and the disclosure of public records.

History

Statutory/Other Authority: ORS 179.040, 192, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 15-1993, f. 6-7-93, cert. ef. 6-25-93
CD 25-1990, f. & cert. ef. 12-4-90
CD 52-1986, f. & ef. 11-20-86
CD 45-1985, f. & ef. 8-16-85
CD 2-1983, f. & ef. 1-4-83
CD 12-1979, f. & ef. 5-17-79

Or. Admin. R. 291-039-0010 Definitions

(1) Correction Information Systems (CIS): A computer system that has information about inmates in prison and offenders on probation, parole and post-prison supervision.

(2) Communications Manager: The employee who is designated by the Director of the Department of Corrections to coordinate media relations and public inquiries concerning policy.

(3) Criminal Justice Agency: An agency as defined in ORS 181.010(8).

(4) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(5) Director: The Director of the Department of Corrections.

(6) Employee: Any person employed full time, part time, or under temporary appointment by the Department of Corrections; any person employed under contractual arrangement to provide services to the Department; any person employed by private or public sector agencies who is serving under Department sanctioned special assignment to provide services or support to Department programs.

(7) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of program operations.

(8) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, assistant director, or administrator and has responsibility for the delivery of services or coordination of program operations.

(9) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post prison supervision, or probation status.

(10) News Release: An official statement or announcement relating to the Department of Corrections intended for distribution to the news media.

(11) Offender: Any person under the supervision of local Community Corrections who is on parole, post prison supervision, or probation status.

(12) Public Information: All Department of Corrections information that is not exempt from disclosure by statute.

(13) Public Information Officer(s): One or more employees within a functional unit who coordinate the release of information for that unit consistent with Department policy and all laws governing release of public information and disclosure of public records.

(14) Offender Public Information Screen: The screen accessed through CIS which details the following information about an inmate or offender:

(a) Name and State Identification number (SID) of inmate/offender;

(b) Date of birth;

(d) Offense(s) (past and present);

(e) County of commitment (past and present);

(f) Institution admission date or field admission date;

(g) Location of incarceration or supervision;

(h) Earliest release date;

(i) Discharge date (past and present); and

(j) Physical description;

(k) Name of institution counselor or Community Corrections parole or probation officer.

(15) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities and programs of the Department. Volunteers serve at the pleasure of the Department and are not considered employees.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2009, f. & cert. ef. 7-14-09
Reverted to CD 1-1998, f. 1-23-98, cert. ef. 2-1-98
DOC 29-2008(Temp), f. & cert. ef. 12-16-08 thru 6-12-09
CD 1-1998, f. 1-23-98, cert. ef. 2-1-98
CD 15-1993, f. 6-7-93, cert. ef. 6-25-93
CD 25-1990, f. & cert. ef. 12-4-90
CD 52-1986, f. & ef. 11-20-86
CD 45-1985, f. & ef. 8-16-85
CD 2-1983, f. & ef. 1-4-83
CD 12-1979, f. & ef. 5-17-79

Or. Admin. R. 291-039-0015 Request for Release of Information

(1) Any person, including the news media, may request information about Department programs, services, facilities, employees, volunteers, inmates, and offenders.

(2) Each functional unit manager, in consultation with the Communications Manager, will designate one or more employees to serve as the public information officer(s). The functional unit manager may perform this function if he/she desires.

(3) Upon request, information listed on the Offender Public Information screen regarding inmates and offenders may be released by the designated staff at Department facilities. Staff shall act in their official capacity only when releasing this information.

(4) Inmate/offender photographs may be released when the release will enlist public assistance in apprehending fugitives from justice and/or the release will not interfere with other law enforcement efforts. Employees, contractors, and authorized volunteers have a responsibility to volunteer such inmate/offender related information to an inmate's/offender's employer and other law enforcement agencies when, in their professional judgment, the public's right to know outweighs the individual's right to privacy, because public safety may be in jeopardy based on an analysis of the inmate's/offender's actions or criminal history.

(5) Request for other than the routine information listed above will be referred to the unit's public information officer.

(6) If the information request involves questions of Department policy, major issues or news developments, the unit's public information officer will direct such requests to the Director or the Communications Manager.

(7) If death or serious injury has occurred, the names of inmate(s), offender(s), or victim(s) will not be released until the next of kin have been notified and, where applicable, the cause of death will not be released until the death certificate has been signed.

(8) Inmate/offender presentence reports are not public records. The presentence report, or any reports based on the contents of that report, may be made available to the victim by Department of Corrections employees in accordance with the provisions in ORS 137.077.

(9) Request for information concerning a current or former contractor(s) will be referred to the Department of Corrections Purchasing Unit for response.

(10) Request for information concerning a current or former employee(s) or volunteer(s) will be referred to the Department's Human Resource Section for response. Employment reference checks concerning a current or former employee(s) or volunteer(s) will be referred to the supervisor of the current or former employee(s) or volunteer(s) for response.

(11) Request for release of records and copies of such records will be handled in accordance with the Department's rule on Release of Public Records (OAR 291-037).

(12) No Department employee will issue an official Department of Corrections press release, schedule an official press conference, or hold an official media event without prior approval from the Director or the Communications Manager.

(13) Employees shall not, without written authorization from the Director or the Communications Manager, make written or oral statements, in what he/she gives others reasonable grounds to believe to be an official capacity, where the effect of such statements would be to impair or diminish the security, supervision, discipline, or the orderly and effective operation of any Department facility or program.

(14) Employees desiring to provide DOC public information as defined in these rules that they wish to make public through the news media must notify the functional unit's public information officer or the Communications Manager before contacting news media representative(s).

(15) Employees who are not authorized to make public statements as official Department representatives are not restricted in their access to the news media, but must clearly specify in contacting the media that they are not official Department representatives and are speaking solely on their own behalf rather than on behalf of the Department.

(16) Community Corrections:

(a) Community corrections employees in counties have access to the statewide Corrections Information System. Information listed on the Public Information screen regarding inmates and offenders may be released. Staff shall act in their official capacity only when releasing this information.

(b) If, in the interest of public safety, information other than that listed should be released to an employer or law enforcement agency, then that release of information must be documented in the case file. Documentation must include the information released, the person or agency who received the information, and the public safety reason for the release.

(c) If a county employee wishes to release inmate or offender information other than routine information or information related to the protection of public safety, the county shall receive approval from the Assistant Director for Community Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2009, f. & cert. ef. 7-14-09
Reverted to CD 1-1998, f. 1-23-98, cert. ef. 2-1-98
DOC 29-2008(Temp), f. & cert. ef. 12-16-08 thru 6-12-09
CD 1-1998, f. 1-23-98, cert. ef. 2-1-98
CD 15-1993, f. 6-7-93, cert. ef. 6-25-93
CD 25-1990, f. & cert. ef. 12-4-90
CD 52-1986, f. & ef. 11-20-86
CD 45-1985, f. & ef. 8-16-85
CD 2-1983, f. & ef. 1-4-83
CD 12-1979, f. & ef. 5-17-79

Or. Admin. R. 291-039-0020 News Media Centers During Major Emergencies

(1) News media centers have been established in the event a major disturbance or emergency situation occurs in a Department of Corrections facility. The news media centers are identified on Exhibit 1, “News Media Centers.” [Exhibit not included. See ED. NOTE.]

NOTE: An alternate news media center will be established and announced if the disturbance or emergency involves or renders the predesignated news media center as unusable.

(2) The functional unit manager will designate a news media center and notify the Communications Manager of its location for any facility established after promulgation of this rule.

(3) During times of a major disturbance or emergency, news media representatives will be directed to report to the designated news media center.

(4) The news media centers will be the only areas in which briefings will be held, unless otherwise notified.

(5) The Communications Manager or the public information officer will provide appropriate news briefings consistent with the needs of the Department to maintain or restore order, safety, and security.

(6) If space limitations will not accommodate all media, a “pooling” arrangement will be established by the Communications Manager wherein the functional unit will enable the designated media source to provide sound and visual equipment.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 179.040, 192, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 15-1993, f. 6-7-93, cert. ef. 6-25-93
CD 25-1990, f. & cert. ef. 12-4-90
CD 52-1986, f. & ef. 11-2-86
CD 45-1985, f. & ef. 8-16-85
CD 2-1983, f. & ef. 1-4-83
CD 12-1979, f. & ef. 5-17-79

Or. Admin. R. 291-039-0025 News Media — Reporting of Unusual Incidents

Instructions to Department employees regarding the reporting of unusual incidents are specified in the Department of Corrections policy on Unusual Incident Report Process (40.1.6.)

History

Statutory/Other Authority: ORS 179.040, 192, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2007, f. & cert. ef. 4-16-07
CD 15-1993, f. 6-7-93, cert. ef. 6-25-93
CD 25-1990, f. & cert. ef. 12-4-90
CD 45-1985, f. & cert. ef. 8-16-85
CD 2-1983, f. & cert. ef. l-4-83
CD 12-1979, f. & cert. ef. 5-17-79

Division 41 SEARCHES (INSTITUTIONS)

Or. Admin. R. 291-041-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To ensure safety and security of the Department of Corrections facilities.

(3) Policy: In order to maintain proper control over persons under its supervision and to ensure the safety and security of its facilities, it is the policy of the Department of Corrections, that any person employed by or volunteering with the department or Oregon Corrections Enterprises, or any person visiting or living in a Department of Corrections facility may be subject to search at any time in accordance with the procedures outlined in this rule.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2000, f. & cert. ef. 6-19-00
DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99
CD 4-1991, f. & cert. ef. 1-22-91
CD 12-1989, f. & cert. ef. 6-30-89
CD 46-1985, f. & cert. ef. 8-16-85
CD 11-1984, f. & cert. ef. 4-11-84
CD 36-1983(Temp), f. & cert. ef. 10-14-83
CD 42-1981, f. & cert. ef. 10-30-81
CD 10-1981(Temp), f. & cert. ef. 5-5-81
CD 24-1980, f. & cert. ef. 7-3-80
CD 42-1978, f. 12-19-78, cert. ef. 12-20-78

Or. Admin. R. 291-041-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) American National Standards Institute/Health Physics Society (ANSI/HPS): An accredited standards developer that provides guidelines to manufacturers and system users on non-medical radiation.

(3) Authorized Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other necessary documents (including discovery and exhibits), in or directly pertaining to an AICs own pending and active case(s), lawsuit(s) before the courts or paroling authorities.

(4) Body Scanner: A whole-body security screening device which utilizes low dose x-ray scanning and millimeter waves to detect contraband, weapons, and similar items hidden on or inside a person’s body.

(5) Body Scanner Operator: Any employee trained in the operation of the full-body scanner whose responsibilities include at least one of the following: initiating or stopping the scan, verifying the system is operating correctly, providing information and instructions to the screened individuals, and controlling access to the inspection zone.

(6) Body Scanner Viewer: Any employee whose responsibilities are limited to viewing the image results produced by the full-body scanner and are solely responsible for interpreting scan images and reporting findings as required, without direct involvement in the operational aspects of the scanning process.

(7) Confiscation: To take control of or possession of after the search.

(8) Contraband: Any article or thing which an adult in custody is prohibited by statute, rule or order from obtaining, possessing, or which the AIC is not specifically authorized to obtain or possess or which the adult in custody alters without authorization.

(9) Cross-Gender Body Scan: Use of the body scanner in which the operator or viewer and the adult in custody are not the same gender.

(10) Department of Corrections Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.

(11) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(12) Emergency: Any condition or situation where life, health, or safety may be threatened or where time frame considerations necessitate an immediate response or remedial action.

(13) Exigent Circumstances: Any set of temporary and unforeseen circumstances that require immediate action to address or mitigate a threat to facility or individual safety, security, health, and good order.

(14) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(15) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional setting the functional unit manager is the superintendent.

(16) Inspection Device: Any device (i.e., metal detector, fluoroscope, cell phone detector, etc.) that is used to detect contraband in the form of metal or other foreign objects.

(17) Inspection Zone: A clearly marked area (using tape, paint, rope barrier, etc.) surrounding the full-body scanner where access is restricted to during the operation of the device to prevent unauthorized entry and minimize unnecessary radiation exposure.

(18) Non-Employee Service Providers (NSP): An individual who provides services or programs to the department or to adults in custody, including an individual who provides services or programs remotely, but not as a paid employee of the department. Examples of non-employee service providers m a y include contractors, volunteers, mentors, criminal justice partners, and government agency partners

(19) Non-Intrusive Sensors: Electronic or mechanical devices which do not physically intrude nor permeate human body orifices, manufactured for the purpose of detecting materials or various types which may be considered contraband (i.e., narcotics, narcotic paraphernalia, weapons). (Examples: metal detectors, body scanners, heartbeat monitor equipment to detect the presence of persons.)

(20) Officer-in-Charge: That person designated by the functional unit manager to supervise the institution and make operational decisions in accordance with policy, rule, or procedure during periods when the functional unit manager or the officer-of-the-day is not readily available.

(21) Officer-of-the-Day: That person designated by the functional unit manager and approved by the Assistant Director for Operations or the Institutions Administrator to act on behalf of the functional unit manager during non-business hours and other periods in which the functional unit manager may be absent.

(22) Oregon Corrections Enterprises: A semi-independent state agency that is a non Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(23) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises. For the purposes of this rule only, employee shall also include any person under contractual arrangement to provide services to the agency; any person employed by private or public-sector agencies who is serving under agency-sanctioned special assignment to provide services or support to agency programs.

(24) Reasonable Suspicion: An apparent state of objective facts and rational inferences drawn there from that would permit a reasonable and experienced correctional staff person to conclude that an individual or set of circumstances poses a threat to the safety, security, health and good order of the facility, or the safety and security of adults in custody, staff, visitors, non employee service provider or the community, including, but not limited to, committing a crime or rule violation or conspiring or attempting the same.

(25) Search: A close inspection, including touching in an impartial manner, of a person, a person's cell or other living unit, vehicle, possessions, or other property, or buildings or premises. For purposes of entering a correctional institution, searches often require the removal and separate inspection of shoes, belts, jackets, and other accessories during processing. Types of searches include the following:

(a) Clothed: To search a person for something by running the hands over the clothed person, through the hair, inspecting pockets and cuffs, and other items in his/her possession.

(b) Consent: Inspections of a person or their property conducted with prior permission of the person being searched or of a person who own or has in his/her possession that property which is searched.

(c) Electronic Search: A non-invasive, technology-assisted search in which an adult in custody is scanned using an approved body scanner to detect contraband or unauthorized items concealed on or within the body.

(d) Internal: Digital intrusion of body orifices and interiors of rectum or vagina in search for contraband. Also used to describe more than sight inspection of nostrils, ears, and mouth.

(e) Unclothed: A search procedure wherein the person being searched removes all of his/her clothing and is visually examined and clothing removed is carefully inspected before return and redressing, for the purpose of detecting contraband.

(26) Security Inspection: A distinction is made between search and security inspection. An inspection is accomplished by means of an inspection device (i.e., metal detector), without the element of a personal contact search, although accompanying property will be subject to a visual or hand examination.

(27) Special Housing: Housing for adults in custody whose assignment is administrative housing, disciplinary segregation, Intensive Management Unit, Death Row, mental health special housing, or infirmary.

(28) Visitor: Any person, not a DOC or OCE employee, volunteer or other agency liaison who is within the boundaries of Department of Corrections facility property.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2026, amend filed 04/27/2026, effective 05/01/2026
DOC 2-2026, temporary amend filed 01/23/2026, effective 01/23/2026 through 07/21/2026
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08 DOC 13-2000, f. & cert. ef. 6-19-00 DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99 CD 4-1991, f. & cert. ef. 1-22-91 CD 12-1989, f. & cert. ef. 6-30-89 CD 46-1985, f. & cert. ef. 8-16-85 CD 11-1984, f. & cert. ef. 4-11-84 CD 36-1983(Temp), f. & cert. ef. 10-14-83 CD 6-1982, f. & cert. ef. 1-29-82 CD 52-1981(Temp), f. & cert. ef. 11-20-81 CD 42-1981, f. & cert. ef. 10-30-81 CD 10-1981(Temp), f. & cert. ef. 5-5-81 CD 24-1980, f. & cert. ef. 7-3-80 CD 3-1980(Temp), f. & cert. ef. 3-5-80 CD 42-1978, f. 12-19-78, cert. ef. 12-20-78

Or. Admin. R. 291-041-0015 General Guidelines

(1) All adults in custody, DOC and OCE employees, and non-employee service providers, housed, working or visiting in a Department of Corrections facility will be subject to search of their persons, cells or other living units, work areas, vehicles, possessions, and other property in accordance with the procedures provided in this rule.

(a) In addition, all such persons will be subject to security inspection by means of a security device such as a metal detector, if such exists.

(b) Accompanying property brought into or taken out of a Department of Corrections facility by a visitor or a DOC or OCE employee, or a non-employee service provider may also be subject to visual and/or physical examination by staff members assigned to such duty by the functional unit manager or designee, or the Department of Corrections Inspector General or designee.

(c) Drug detection dogs may be used to assist authorized Department of Corrections personnel to detect and control contraband within Department of Corrections facilities and property.

(2) Vehicular Traffic: Careful inspection of all vehicular traffic and supplies coming into or leaving the institution will be conducted. Use of detectors at vehicle gates and entrances to the facility may be used to facilitate searches of all persons, packages, brief cases, etc.

(3) All vehicles brought onto Department of Corrections premises are subject to search.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08
DOC 13-2000, f. & cert. ef. 6-19-00
DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99
CD 4-1991, f. & cert. ef. 1-22-91
CD 12-1989, f. & cert. ef. 6-30-89
CD 46-1985, f. & cert. ef. 8-16-85
CD 42-1981, f. & cert. ef. 10-30-81
CD 24-1980, f. & cert. ef. 7-3-80
CD 42-1978, f. 12-19-78, cert. ef. 12-20-78

Or. Admin. R. 291-041-0016 Religious Activity Areas and Religious Items

In accordance with these rules and the rules on Religious Activities (OAR 291-143), searches of adult in custody religious activity areas and authorized religious or spiritual items (including hair and garments worn) shall be conducted in a manner that reflects an awareness of and sensitivity to individual religious beliefs, practices, and respect for the authorized objects, symbols, and hairstyles used in the religious practice.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08
CD 1-1996, f. 1-26-96, cert. ef. 2-1-96

Or. Admin. R. 291-041-0017 Adult in Custody Legal Storage Boxes

(1) Storage boxes for adult in custody legal materials, whether provided by the department or purchased by the adult in custody, may be inspected by staff at any time for the presence of non-legal materials.

(2) Any material found that fits the definition of contraband will be confiscated, except for material that might also fit the definition of authorized legal material. (Refer to Definitions, OAR 291-041-0010) Staff should not read, copy, or retain any material that might be construed as being authorized legal material (i.e. papers, folders, letters, etc.).

(3) If the inspecting staff member has reason to believe the box contains materials not authorized by the DOC rule on Property (AIC) , OAR 291-117, as authorized legal material, the staff member will seal the box and securely store it.

(a) As soon as possible, a designated staff member will review the contents of the box with the adult in custody to make a determination about whether or not the materials in question fit the definition of authorized legal materials.

(b) Unless a disciplinary report is issued, any material confiscated will be placed in a sealed envelope, initialed and addressed by the adult in custody, and sent out of the institution at the adult in custody’s expense to a person of their choosing.

(c) If a disciplinary report is issued, the material will be placed in a sealed envelope, initialed by the adult in custody, and placed in evidence pending the result of the disciplinary hearing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08

Or. Admin. R. 291-041-0018 Training

The department shall train staff assigned to supervise adults in custody in how to conduct cross-gender searches, and searches of transgender and intersex adults in custody, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 9-2014, f. & cert. ef. 3-4-14
DOC 5-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14
DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14

Or. Admin. R. 291-041-0020 Adults in Custody

(1) Search of adults in custody living units, work areas, other places they inhabit or frequent, and their property will be conducted regularly on an unannounced and unscheduled basis.

(2) An inspection of each cell, room or dormitory area will occur prior to occupancy by a new adult in custody.

(3) In conducting searches of an adult in custody's living unit, place of work, or other places frequented or inhabited, the employee conducting the search will be expected to leave the search area in an orderly and neat condition. Care will be exercised to ensure that authorized property is not damaged or disposed of.

(4) Adults in custody may be subject to search at any time; but no more frequently than is necessary to control contraband or to recover stolen or missing property. However, all adults in custody will be subject to a search on each occasion before and after they leave a Department of Corrections facility and on each occasion before and after visits, entering or exiting special housing units and before or after contact with persons outside the facility.

(5) The type of search administered will avoid unnecessary force, embarrassment, or indignity to the adult in custody. Non-intrusive sensors and inspection devices may be used when appropriate.

(6) Clothed Searches: Adults in custody may be searched only by authorized Department of Corrections personnel or a sworn police officer in the performance of their official duty. Cross gender clothed searches of female adults in custody will not occur unless there is an emergency and shall be documented.

(7) Electronic Searches: Adults in custody may be required to undergo body scanner screening at facilities equipped with the technology. Full-body scans may supplement or replace clothed or unclothed searches, as the department deems appropriate in accordance with these rules.

(a) General Application:

(A) An electronic search may be required when adults in custody are delivered or are returned to Department of Corrections custody, including but not limited to return from county confinement, a work or program assignment, an out-to-court trip, a medical trip, or a facility transfer, or upon reasonable suspicion an adult in custody may be concealing contraband on or within their body.

(B) Each adult in custody will be instructed on the proper way to enter the body scanner for scanning.

(D) If a technical error occurs during the scanning process, adults in custody may be required to be re-scanned until a proper image is captured.

(E) The department will ensure body scanner exposure and limitations comply with The American National Standards Institute/Health Physics Society Standard.

(F) Saved images will be utilized solely for investigative or training purposes or confirmation of contraband and should be retained according to the applicable record retention schedule. Images used for authorized training purposes will have identifying information removed from the image.

(b) Restrictions:

(A) Any adult in custody with a physical limitation that does not enable the adult in custody to stand independently without an assistive device or is otherwise unable to independently transfer into the body scanner will be searched by other means.

(B) Any adult in custody with an implanted medical device will be searched by other means.

(D) Body Scanning devices shall not be used on pregnant adults in custody.

(i) Adults in custody who declare they are or may be pregnant shall have their pregnancy status verified by Health Services prior to going through the body scanning device.

(ii) Adults in custody may be subject to alternative search methods and placed on dry cell status in accordance with ODOC Policy 40.1.1 until pregnancy status can be verified.

(iii) Adults in custody verified to be pregnant will be searched using alternative search methods.

(E) Cross-gender body scans of adults in custody are prohibited, except in exigent circumstances. When the full-body scanner is used in exigent circumstances, the facility will document the search as a cross-gender search.

(F) Cross-gender viewing of saved images of Adults in Custody is prohibited except during exigent circumstances, for investigative purposes, confirmation of contraband, and training purposes. Cross-gender viewing of saved images will be documented by the facility as a cross-gender search.

(A) Any adult in custody who is not exempt from use of the body scanning device, as outlined in this rule, is required to comply with body scanning when directed.

(B) Any adult in custody who refuses a direct order to be scanned by the body scanning device will be immediately placed in segregation on a dry cell status in accordance with ODOC Policy 40.1.11.

(C) Any adult in custody who fails to remain still for a clear image capture after three attempts or is reasonably believed to be intentionally interfering with the body scanning process, shall be placed in segregation on dry cell status in accordance with ODOC Policy 40.1.11.

(D) If the second or third scan causes the adult in custody to exceed the monthly limit for body scans, an unclothed search shall be conducted in lieu of placing the adult in custody on dry cell status.

(8) Unclothed Searches: Unclothed searches conducted by Department of Corrections staff will be of the same gender as the adult in custody, unless there is an emergency, or the adult in custody has been approved for unclothed searches to be conducted in accordance with Transgender and Intersex (Adult in Custody) OAR 291-210-0050(3). Except in emergencies, adults in custody undergoing unclothed searches will be removed to a private area for the search.

(a) The facility shall document all cross-gender unclothed searches, all cross-gender visual body cavity searches, all cross-gender electronic searches, and all cross-gender pat-down searches of adults in custody.

(b) The facility shall not search or physically examine a transgender or intersex adult in custody for the sole purpose of determining the adult in custody's genital status.

(c) If the adult in custody's genital status is unknown, it may be determined during conversations with the adult in custody, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.

(9) Visual inspections for security reasons may be conducted by authorized personnel. All internal examinations must be conducted by medical personnel only upon authorization of the functional unit manager or the officer-of-the-day and only when there is reasonable suspicion as defined in OAR 291-041-0010(16) to justify the search. The adult in custody's written consent will not be required; however, an internal search will not be conducted if it could result in injury to the adult in custody or the personnel conducting the search.

(10) Hair:

(a) If staff need to conduct a hair search, it may be necessary to require the adult in custody to unbraid, loosen or cut the hair to complete the search.

(b) The adult in custody will be given an adequate amount of time to unbraid or loosen the hair.

(c) An adult in custody who refuses to unbraid or loosen the hair is subject to disciplinary action in accordance with the rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(d) If the adult in custody is unable to unbraid or loosen the hair so a search can be accomplished, staff shall conduct the search, if possible, in the least intrusive manner (e.g., hand wand, visual inspection, etc.). At no time shall staff cut an adult in custody's hair to complete a search without approval of the functional unit manager or officer-of-the-day.

(e) If an adult in custody's head or facial hair draws undue attention or otherwise compromises internal order and discipline, institutional security, or the health and safety of the adult in custody, other adults in custody, and staff, the functional unit manager or designee will determine what further action shall be taken.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2026, amend filed 04/27/2026, effective 05/01/2026
DOC 2-2026, temporary amend filed 01/23/2026, effective 01/23/2026 through 07/21/2026
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 9-2014, f. & cert. ef. 3-4-14
DOC 5-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14
DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08
CD 4-1991, f. & cert. ef. 1-22-91
CD 12-1989, f. & cert. ef. 6-30-89
CD 46-1985, f. & ef. 8-16-85
CD 11-1984, f. & ef. 4-11-84
CD 36-1983(Temp), f. & ef. 10-14-83
CD 42-1981, f. & ef. 10-30-81
CD 24-1980, f. & ef. 7-3-80
CD 3-1980(Temp), f. & ef. 3-5-80
CD 42-1978, f. 12-19-78, ef. 12-20-78

Or. Admin. R. 291-041-0030 Employees, Volunteers, Contractors and Other Agency Liaison

(1) When to Search: Except as provided in rule OAR 291‑041‑0015, a DOC employee, OCE employee or non-employee service provider may be requested to submit to personal search of their person, vehicle or other possessions on department property only when there is reasonable suspicion that the employee, or non-employee service provider is in possession of unauthorized property or contraband and that the search and confiscation is necessary to substantiate the suspected violation.

(2) Who is Involved in the Search:

(a) Upon reasonable suspicion, a functional unit manager or designee may request the security manager or officer-in-charge to conduct the search of a DOC employee, OCE employee, or non-emplolyee service provider, their vehicle, or other possessions. The DOC employee, OCE employee or non-employee service provider shall be present during the search of their vehicle or other possessions.

(b) DOC or OCE employees, or non-employee srevice providers will be afforded privacy during the search, which will be conducted in a professional manner so as to avoid any undue embarrassment or indignity to the individual.

(c) Refusal of a DOC or OCE employee to submit to a reasonable suspicion search may constitute grounds for disciplinary action.

(3) Searches conducted by DOC staff shall be the same gender as the DOC employee, OCE employee, or non-employee service provider.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & ORS 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08
DOC 13-2000, f. & cert. ef. 6-19-00
DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99
CD 4-1991, f. & cert. ef. 1-22-91
CD 12-1989, f. & cert. ef. 6-30-89
CD 46-1985, f. & cert. ef. 8-16-85
CD 42-1981, f. & cert. ef. 10-30-81
CD 10-1981(Temp), f. & cert. ef. 5-5-81
CD 24-1980, f. & cert. ef. 7-3-80
CD 42-1978, f. 12-19-78, cert. ef. 12-20-78

Or. Admin. R. 291-041-0035 Visitors

(1) When to Search: A search of a visitor will generally occur only when the visitor consents and there is reasonable suspicion that the visitor is in possession of contraband, and that the search and confiscation is vitally necessary to substantiate the suspected violation.

(a) Consent is not required when a delay or non-consent would constitute a direct and immediate threat to the safety and security of the facility.

(b) Consent is not required when the search is conducted pursuant to an arrest or to protect the safety of staff or other persons.

(2) If a Crime is Suspected: If alleged commission of a criminal offense is involved, the matter will fall within the jurisdiction of appropriate law enforcement agencies, which will be promptly notified.

(3) Conduct the Search: Searches of visitors at a Department of Corrections facility will be conducted at the direction of the functional unit manager or designee, or the Department of Corrections Inspector General or designee, based upon reasonable suspicion that the visitor is in possession of unauthorized property or contraband.

(a) Visitor searches may be conducted by authorized Corrections staff or by an authorized law enforcement officer. If requested, authorized Corrections staff may assist law enforcement officers in conducting any search, investigation, or arrest of a visitor. Searches conducted by DOC staff shall be the same gender as the visitor.

(b) Adequate facilities must be provided for the search which shall be done in a professional manner so as not to cause undue embarrassment to the visitor. The subject of the search will be advised of search procedures (i.e., removal of clothing, visual inspection of cavities, etc.) prior to the search.

(c) If an internal examination is indicated, this shall be done only by competent medical personnel at the direction of the law enforcement official conducting the search.

(4) After Search or Inspection: Those individuals who refuse to be searched or, who after being searched were found to be in possession of unauthorized property or contraband, shall have their visiting status immediately suspended and will be sanctioned as provided in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2016, f. & cert. ef. 3-24-16
DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08
CD 4-1991, f. & cert. ef. 1-22-91
CD 12-1989, f. & cert. ef. 6-30-89
CD 46-1985, f. & ef. 8-16-85
CD 24-1980, f. & ef. 7-3-80
CD 42-1978, f. 12-19-78, ef. 12-20-78

Division 42 URINALYSIS TESTING FOR SUBSTANCES OF ABUSE

Or. Admin. R. 291-042-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish methods and criteria by which urinalysis testing will be conducted for substances of abuse to ensure compliance with OAR 333-024-0360.

(3) Policy: It is the policy of the Department of Correctionsto:

(a) Address the presence and use of substances of abuse in its facilities to reduce or eliminate use and to monitor compliance with laws through the use of urinalysis testing that is accurate and reliable; and

(b) Establish criteria for urinalysis testing of adults in the custody of the Department of Corrections.

(A) The department has a responsibility to protect the public, to provide a safe environment for staff and adults in custody, and to enforce the rules governing prohibited conduct. Substance abuse presents a threat to the safety of all staff and adults in custody. Urinalysis testing of adults in custody by use of random and for-cause testing criteria, combined with appropriate graduated sanctions and/or treatment, is an effective means of reducing substance abuse, trafficking and related violations which are prohibited within Department of Corrections facilities in accordance with the rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(B) These measures are implemented to reduce institution violence, and to the extent feasible, ensure that adults in custody released from correctional facilities are not abusing substances. The testing process further identifies adults in custody who have continued to have a substance-abuse problem while incarcerated and could be monitored more closely while on community supervision. Urinalysis testing also provides a mechanism to identify those adults in custody with substance abuse problems and target them for more frequent testing and treatment.

(C) The department shall use the same gender staff, or the gender approved by the Transgender and Intersex Committee for a specific adult in custody, to administer the collection of urine samples

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 1-2009, f. & cert. ef. 1-22-09
Reverted to DOC 24-2000, f. & cert. ef. 11-21-00
DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
DOC 24-2000, f. & cert. ef. 11-21-00
CD 28-1997, f. & cert. ef. 12-5-97
CD 9-1997(Temp), f. & cert. ef. 6-13-97
CD 31-1993, f. 12-16-93, cert. ef. 1-3-94
CD 18-1990, f. & cert. ef. 9-21-90
CD 5-1986, f. & ef. 3-14-86
CD 1-1986(Temp), f. & ef. 1-16-86

Or. Admin. R. 291-042-0010 Definitions

(1) Adult in Custody (AIC): Any person under supervision of the Department of Corrections, who is not on parole, post-prison supervision, or probation status.

(2) Assistant Inspector General: The department employee who oversees drug interdiction efforts and supervision of substance of abuse urinalysis testing.

(3) Chain of custody: The handling of specimens in a way which supports legal testimony to prove that the sample integrity and identification of the sample have not been violated, as well as the documentation describing these procedures from specimen collection to final report.

(4) Confirmatory test: A highly specific test to identify a substance of abuse or metabolite after a positive screening, based on a different analytical method than that of the initial screening test, at or below the cutoff concentration used for the screening test.

(5) Medical status report: A report that lists the names of AICs who, due to a documented medical condition, may need additional time or medical assistance besides the initial two-hour time period to provide a urine sample.

(6) Screening: Performing initial tests designed to separate substances of abuse at a particular minimum concentration from those below that minimum concentration (positive versus negative).

(7) Substance of Abuse (SOA): Ethanol, or other intoxicants (including marijuana) and controlled substances, except those used as allowed by law and as defined in ORS Chapter 475 or as used in ORS 689.005.

(8) Substance of Abuse (SOA) Coordinator: An individual appointed by the functional unit manager who is responsible for all aspects of substance of abuse testing in the facility.

(9) “Substance of abuse laboratory” or “SOA laboratory”: A facility where initial biochemical examinations are performed on a specimen for the purpose of screening for the detection of substances of abuse for medical purposes or non-medical purposes by automated methods. This includes licensed clinical laboratories screening for substances of abuse.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 1-2009, f. & cert. ef. 1-22-09
Reverted to DOC 24-2000, f. & cert. ef. 11-21-00
DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
DOC 24-2000, f. & cert. ef. 11-21-00
CD 28-1997, f. & cert. ef. 12-5-97
CD 9-1997(Temp), f. & cert. ef. 6-13-97
CD 31-1993, f. 12-16-93, cert. ef. 1-3-94
CD 18-1990, f. & cert. ef. 9-21-90
CD 5-1986, f. & ef. 3-14-86
CD 1-1986(Temp), f. & ef. 1-16-86

Or. Admin. R. 291-042-0011 Training Requirements

(1) The functional unit manager of sites that are collecting urine for urinalysis testing will appoint an SOA coordinator. The SOA coordinator will ensure that only those persons who have successfully completed training will collect urine samples. The training must be approved by the Professional Development Unit and the Assistant Inspector General. The successful completion of this training will be recorded in approved Department of Corrections training records.

(2) The SOA coordinator will ensure that Chain of Custody forms are properly filled out and retained. This Chain of Custody form will be kept for the required retention period by the SOA laboratory conducting confirmatory tests. The logs will contain at least the following information:

(a) Name and SID number of the person being tested;

(b) The substances tested for;

(d) Person obtaining the specimen.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 1-2009, f. & cert. ef. 1-22-09
Reverted to DOC 24-2000, f. & cert. ef. 11-21-00
DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
DOC 24-2000, f. & cert. ef. 11-21-00
CD 28-1997, f. & cert. ef. 12-5-97
CD 9-1997(Temp), f. & cert. ef. 6-13-97
CD 16-1994, f. 8-17-94, cert. ef. 9-1-94

Or. Admin. R. 291-042-0015 Urinalysis Testing

(1) AICs shall furnish Department of Corrections staff with a urine sample when ordered to do so. If, after receiving an order to provide a urine sample, the AIC is unable to provide a urine sample, the AIC will be permitted an initial two hours to provide the sample. During this time, staff will place the AIC in an area where the AIC can be observed. The AIC may be offered an eight-ounce container of water after the first half hour and at 30-minute intervals during this initial two-hour period. If an AIC has not provided the required sample within this time period and is not listed on the medical status report as being allowed additional time to produce a sample, staff will proceed in accordance with the department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(2) After the initial two-hour period, AICs listed on the medical status report will be allowed additional time if needed to provide a urine sample. The following will occur:

(a) The AIC will be subject to an unclothed search, be ordered to wash their hands, be provided a jump suit, and be placed in a secure area that is observable by staff and that does not have running water (dry cell).

(b) The AIC will be ordered to urinate only in the sample bottle and to notify staff before urinating, so the collection can be observed.

(c) At the beginning of the second hour in dry cell status, the AIC will be offered eight ounces of water and an additional eight ounces of water every hour until the AIC has been given five eight-ounce containers of water. The AIC may be held in dry cell status until the AIC either refuses to supply or supplies the urine sample. Health Services will be notified when an AIC has been held in dry cell status for 24 hours and has not yet urinated.

(3) If at any time during either of these processes the AIC refuses to supply a urine sample, staff shall proceed in accordance with department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(4) Same gender staff, or the gender approved by the Transgender and Intersex Committee for a specific AIC, should seek to obtain the sample from the AIC in a place and manner that will avoid undue embarrassment to the AIC. Staff shall utilize proper personal protective equipment when taking or processing urine samples.

(5) Before an AIC provides a urine sample, the AIC will be ordered to wash their hands thoroughly with soap, rinse thoroughly, and dry their hands with a towel. When providing the sample, the AIC shall lower all items of clothing to their ankles to afford staff an unobstructed view of the collection process. When collecting samples from female AICs, a disposable sanitary collection cup may be used before transferring the urine into an approved urine bottle.

(6) If the AIC alters, taints, contaminates, or discards a urine sample, staff will proceed in accordance with the department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). The AIC will not be afforded the opportunity to provide another sample at that time.

(7) After a sufficient sample for urinalysis testing has been obtained (minimum of 30 milliliters), the AIC shall secure a lid on the sample container and rinse the exterior of the container if necessary. Either the staff member or the AIC will place the label on the container while in the presence of each other.

(8) Upon taking custody of the properly labeled container with the AIC’s urine sample, staff shall prepare the sample for delivery to an approved SOA laboratory for testing.

(9) The SOA coordinator shall ensure that the Chain of Custody form is maintained and reflects the following information:

(a) The name and SID number of the AIC from whom the urine sample was obtained;

(b) The date and time the sample was obtained;

(d) The date, time, and the initials of the staff member who prepared the sample for transport to the laboratory for testing.

(10) It is the responsibility of the laboratory that performs the testing to maintain a proper chain of custody of the sample.

(11) An AIC whose urine sample tests “positive” for a substance of abuse may be issued a misconduct report in accordance with the department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 1-2009, f. & cert. ef. 1-22-09
Reverted to DOC 24-2000, f. & cert. ef. 11-21-00
DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
DOC 24-2000, f. & cert. ef. 11-21-00
CD 28-1997, f. & cert. ef. 12-5-97
CD 9-1997(Temp), f. & cert. ef. 6-13-97
CD 31-1993, f. 12-16-93, cert. ef. 1-3-94
CD 18-1990, f. & cert. ef. 9-21-90
CD 5-1986, f. & ef. 3-14-86
CD 1-1986(Temp), f. & ef. 1-16-86

Or. Admin. R. 291-042-0025 Baseline Test Selection Protocol

(1) Approximately 5% of the AIC population will be picked at random by the department's Research Unit each month for urinalysis testing. Random selection will be completed by a designated computer program. Functional unit managers will designate employee(s) who are authorized to receive and secure these lists until testing.

(2) The list shall be secured until the specimens can be obtained.

(3) The list shall remain "confidential" and be marked as such at all times. Only those staff members designated to receive the list and those designated to collect the sample will view the list. AICs are strictly prohibited from observing the list at any time. AICs are strictly prohibited from entering any area where the list is located.

(4) Staff will draw samples from each AIC on the list within 72 hours. If a listed AIC or an entire list of AICs is not tested for any reason (transferred, out-to-court, staff shortage, etc.), a written explanation signed by the functional unit manager or designee will be forwarded to the Salem Investigations Office within 72 hours from the beginning date when the samples were supposed to be collected.

(5) All urine samples obtained under the random testing program will be forwarded to the approved contract SOA laboratory for testing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 1-2009, f. & cert. ef. 1-22-09
Reverted to DOC 24-2000, f. & cert. ef. 11-21-00
DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
DOC 24-2000, f. & cert. ef. 11-21-00
CD 28-1997, f. & cert. ef. 12-5-97
CD 9-1997(Temp), f. & cert. ef. 6-13-97
CD 31-1993, f. 12-16-93, cert. ef. 1-3-94

Or. Admin. R. 291-042-0035 Testing Profile Requirements

(1) A urine specimen may be obtained by department staff from any AIC, regardless of the AIC’s programming when:

(a) The AIC has a history of substance abuse;

(b) The AIC is going out on or returning from an authorized, unescorted leave;

(d) The AIC is selected on a random basis to provide a urine specimen; or

(e) The AIC is assigned to a work crew outside the facility.

(2) Mandatory Testing:

(a) In 100% of cases when there is suspicion that an AIC is using substance of abuse, a specimen shall be obtained.

(b) Urine samples obtained on the grounds of suspicion shall not be included as part of the 5% collected for the random urinalysis testing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 1-2009, f. & cert. ef. 1-22-09
Reverted to DOC 24-2000, f. & cert. ef. 11-21-00
DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08
DOC 24-2000, f. & cert. ef. 11-21-00
CD 28-1997, f. & cert. ef. 12-5-97
CD 9-1997(Temp), f. & cert. ef. 6-13-97
CD 31-1993, f. 12-16-93, cert. ef. 1-3-94

Division 46 SEGREGATION (ADMINISTRATIVE)

Or. Admin. R. 291-046-0005 Authority, Purpose and Policy

(1) The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of this rule is to provide a method to administratively house inmates in Department of Corrections facilities who:

(a) Constitute a continuing or immediate threat to the safety, security, and orderly operation of the facility; or

(b) Require protective custody.

(3) Policy: It is the policy of the Department of Corrections to administratively house those inmates in Department of Corrections facilities whose notoriety, actions or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors or other inmates.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 28-1987, f. & ef. 6-5-87
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0010 Definitions

(1) Administrative Housing: Housing separate and apart from the general population, including facilities, rooms, or cells for inmates whose actions, or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors, or other inmates or for those inmates who require protective custody and no other reasonable housing alternative is available.

(2) Administrative Hold: An involuntary or voluntary temporary administrative housing assignment not to exceed 30 days by order of the functional unit manager or designee only when he/she determines there is sufficient evidence to believe immediate assignment is necessary to protect the safety, security and orderly operation of the facility.

(3) Administrative Segregation: Administrative housing for those inmates whose notoriety, actions, or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors, or other inmates.

(4) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(5) Inmate: Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status.

(6) Officer in Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or officer of the day are not readily available.

(7) Protective Custody: Administrative housing for those inmates who consent in writing and for which no reasonable housing alternative is available or for those inmates who are considered by staff to require protective custody but do not volunteer to sign consent for such placement.

(8) Reasonable Grounds: Information that is of such credibility that it would induce a reasonably prudent person to use it in the conduct of their serious affairs.

(9) Special Needs Inmate Evaluation Committee (SNIEC): An institution committee that reviews, evaluates, and manages the needs of special population inmates housed in the custody of Department of Corrections facilities.

(10) Special Population Management Committee (SPM): A committee that is composed of at least three department staff to include a representative from Institution Operations, Behavioral Health Services, and the Office of Population Management.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 28-1987, f. & ef. 6-5-87
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0014 Administrative Hold

An inmate may be voluntarily or involuntarily assigned to administrative housing for a period not to exceed 30 days without a hearing. Any assignment exceeding 30 days must follow the procedures outlined under OAR 291-046-0020 (Voluntary Administrative Housing) or 291-046-0025 (Involuntary Administrative Housing).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08

Or. Admin. R. 291-046-0020 Voluntary Administrative Housing

(1) An inmate may be voluntarily placed in protective custody for a period in excess of 30 days without a hearing only when:

(a) He/she consents in writing;

(b) There is substantial evidence that protective custody is warranted and such evidence is documented;

(d) The functional unit manager or designee authorizes such an assignment.

(2) The voluntary housing packet for protective custody will contain information as outlined in the Department’s policy on Administrative Housing (40.3.3).

(3) Once the functional unit manager or designee has signed the voluntary assignment, the functional unit manager or designee will forward the voluntary packet recommending assignments over 30 days to the SPM Committee. Upon receipt of the voluntary packet, the SPM Committee will review the information and determine which administrative housing unit the inmate will be assigned.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0025 Involuntary Administrative Housing

(1) An inmate may be involuntarily placed in administrative segregation or protective custody for a period not to exceed 30 days by order of the functional unit manager or designee only when he/she has sufficient evidence to believe immediate assignment is necessary to protect the safety, security, and orderly operation of the facility.

(2) An inmate may be involuntarily placed in administrative segregation or protective custody for a period in excess of 30 days only when information verified through the hearing process, outlined in these rules, shows the inmate to constitute an immediate and continuing threat to the safety, security, and orderly operation of the facility.

(3) The involuntary administrative housing packet will contain information as outlined in the Department’s policy on Administrative Housing (40.3.3).

(4) Each inmate placed in involuntary administrative housing exceeding 30 days will receive a hearing by a hearings officer. The hearing report shall be processed and reviewed by the Institutions Administrator or designee. If the factual allegations support placement in involuntary administrative segregation or protective custody, the packet will be forwarded to the SPM Committee for placement. Upon receipt of the administrative housing packet, the SPM Committee will review the information and determine which administrative housing unit the inmate will be assigned.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0030 Hearings Process

(1) Each inmate placed involuntarily in administrative housing will receive a hearing as described below if the involuntary placement request exceeds 30 days. The hearing shall occur within 30 days, if he/she is placed in administrative housing without a hearing as permitted in OAR 291-046-0025. It is the responsibility of each functional unit manager to notify the hearings officer of the need for a hearing and to provide him/her with a Request for Administrative Housing (CD1482) containing the allegations justifying such action, including a recommendation for length of stay not to exceed 180 days.

(2) The hearing shall be conducted by a hearings officer, or other person trained in the hearings process, in the event the hearings officer is unavailable.

(3) Prior to the hearing, the hearings officer shall review the involuntary housing assignment request to determine if there is sufficient evidence to proceed with a hearing. If the request is not complete, it will be returned to the functional unit manager for resubmission.

(4) The hearings officer shall not have participated in the case as a charging, investigating, or reviewing officer. Further, no person shall serve as a hearings officer who was a witness to the allegations or has personal knowledge of any disputed material fact relating to the case being heard.

(5) The hearings officer may pose questions during the hearing.

(6) The evidence considered by the hearings officer will be of such reliability as would be considered by reasonable persons in the conduct of their serious affairs.

(a) When confidential informant testimony is submitted to the hearings officer, the identity of the informant and the verbatim statement of the informant shall be revealed to the hearings officer in writing, but shall remain confidential.

(b) In order for the hearings officer to rely on the testimony of a confidential informant, information must be submitted to the hearings officer from which the hearings officer can find that the informant is a person who can be believed or that the information provided in the case at issue is truthful.

(7) Behavioral Health Services staff will be notified when inmates with either mental health or developmental disability issues are placed in administrative housing or are scheduled for an involuntary administrative housing hearing.

(8) At the conclusion of the hearing, the hearings officer will decide whether the factual allegations support involuntary placement of the inmate in administrative segregation or protective custody. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed five days, for the purpose of reviewing the evidence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0035 Findings

(1) No Justification: The hearings officer may find that the factual allegations do not support involuntary placement in administrative segregation or protective custody, in which case the hearings officer will recommend that the inmate remain in general population status with all rights and privileges of that status.

(a) The report shall be processed with final action subject to review by the Institutions Administrator.

(b) The findings must be on the merits. Technical or clerical errors in the writing or processing of the allegations shall not be grounds for a no justification finding, unless there is substantial prejudice to the inmate.

(2) Justification: The hearings officer may find the factual allegations do support placement in administrative segregation or protective custody, in which case the hearings officer will so inform the inmate, and recommend that he/she be assigned to administrative housing for a specified period of time, as recommended by the functional unit manager, but not to exceed 180 days. The report shall be processed and recorded with final action subject to review by the Institutions Administrator.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 28-1987, f. & ef. 6-5-87
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0040 Inmate Rights

(1) Hearing: An inmate shall be entitled to a hearing when an involuntary request for administrative housing has been filed against him/her.

(2) Waiver of Hearing:

(a) An inmate may waive the right to a hearing. Waiver of the right must be in writing or verbal and must be documented on the record. An inmate’s refusal to attend the hearing will constitute a waiver.

(b) An inmate waiving his/her right to a hearing shall have his/her case reviewed on its merits by the hearings officer in accordance with the procedures outlined in this rule.

(3) Notice of Hearing:

(a) The inmate shall be given written notice of the hearing not less than 24 hours prior to the hearing, unless the inmate consents to holding the hearing within 24 hours after the involuntary request for administrative housing has been served on the inmate.

(b) The notice shall include a copy of this rule (OAR 291-046).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0045 Representation

(1) In all cases, the inmate is entitled to:

(a) Speak in his/her own behalf;

(b) Be present at all evidentiary stages of the hearing process, except when the hearings officer finds that to have the charged inmate present would present an immediate threat to the safety, security, and orderly operation of the facility. The reason(s) for the finding shall be part of the record.

(2) Assistance by an employee, inmate, or other person approved by the hearings officer will be ordered upon a finding that assistance is necessary based upon language barriers or competence and capacity of the inmate to prepare a defense, to understand the allegations, or to understand the rights available to him or her.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0050 Investigation

(1) The inmate may request that an investigation be conducted.

(2) If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in the case or who was a witness to the allegations or has personal knowledge of any disputed material fact relating to the case being heard.

(3) An investigation shall be conducted upon the inmate's request, if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure.

(4) The hearings officer may order an investigation on his/her own motion.

(5) The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety, security, and orderly operation of the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0055 Testimony of Witnesses

The hearings officer shall direct the scheduling and taking of testimony of witnesses at the hearing. Witnesses may include inmates, employees, or other persons. Testimony may be taken in person, by telephone, or by written report or statement.

(1) The inmate may request that the hearings officer schedule witnesses to present testimony at the hearing. The request must be submitted to the hearings officer in writing in advance of the hearing, and include a list of the person(s) the inmate requests be called to testify and the questions to be posed to each person. The hearings officer shall arrange for the taking of testimony from such witnesses as properly requested by the inmate, subject to the exclusions and restrictions provided in these rules.

(2) The inmate shall not have the right to cross examine or directly pose questions to any witness.

(3) The hearings officer may limit testimony when it is cumulative or irrelevant.

(4) The hearings officer may exclude a specific inmate or employee witness upon finding that the witness' testimony would not assist the hearings officer in the resolution of the proceeding, or that the witness' appearance at the hearing would present an immediate undue risk to the safety, security, and orderly operation of the facility. If a witness is excluded, the reason(s) shall be made a part of the record.

(5) The hearings officer may exclude other persons as witnesses upon finding that the witness' testimony would not assist the hearings officer in the resolution of the proceeding, or that the witness' appearance at the hearing would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for exclusion shall be made part of the record.

(6) Witnesses requested by the inmate may refuse to testify. Persons, other than inmates or employees, requested as witnesses may refuse to appear or testify.

(7) The hearings officer may, on his/her own motion, call witnesses to testify.

(8) All questions which may assist in the resolution of the proceeding, as determined by the hearings officer, shall be posed. The reason(s) for not posing a question will be made part of the record.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0060 Documents/Physical Evidence

(1) The inmate may present documents and physical evidence during the hearing, subject to the exclusion and restrictions provided in these rules.

(2) The reporting employee or other agents of the Department of Corrections who are knowledgeable of the allegations may submit documents and physical evidence.

(3) The hearings officer may exclude documents and physical evidence upon finding that such evidence would not assist in the resolution of the proceeding, or that such evidence would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for exclusion shall be made part of the record.

(4) The hearings officer may classify documents and physical evidence as confidential (and not disclose such evidence to the inmate) upon finding that disclosure would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for classifying documents and physical evidence as confidential shall be made part of the record.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0065 Postponement

(1) A hearing may be postponed by the hearings officer for good cause and for reasonable periods of time.

(2) Good cause includes, but is not limited to:

(a) Preparation of defense;

(b) Illness or unavailability of the inmate charged;

(c) Gathering of additional evidence (e.g., calling of witnesses, gathering of witnesses' statements, investigation, acquisition of physical evidence); or

(d) Avoiding interference with ongoing police investigation or pending prosecution.

(3) The reason(s) for the postponement shall be stated on the record.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0070 Hearing Record

(1) A verbatim recording of the hearing shall be made. Upon completion of the hearing, the hearings officer shall prepare a written hearing record of the decision and the supporting reasons within seven days for transmittal to the Institutions Administrator. The hearing decision shall be documented in the Correctional Information System.

(2) The record of the formal hearing shall include:

(a) Request for Administrative Housing form (CD 1482);

(b) Notice of hearing and copy of this rule (OAR 291-046);

(d) Preliminary Order, Conclusion, and Recommendation of hearings officer.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0075 Institutions Administrator’s Review

(1) The results of any hearing held to involuntarily place an inmate in administrative housing will be reviewed and approved by the Institutions Administrator or his/her designee.

(2) The Institutions Administrator or designee shall review the case, using the hearing record described above, in terms of the following factors:

(a) Was there substantial compliance with this rule (OAR 291-046);

(b) Was the decision based on substantial evidence; and

(3) Within seven days of the receipt of the hearing record, the Institutions Administrator or his/her designee shall review the document and do one of the following:

(a) Affirm the recommendation;

(b) Modify the recommendation; or

(4) When the Institutions Administrator takes action to modify or reverses a recommendation, he/she must state in writing, his/her reason(s) and immediately notify the inmate, the hearings officer, and the functional unit manager of his/her action and reason(s).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0080 Provision of Basic Services and Program

(1) Basic services and programs may be denied, or the manner in which they are provided may differ from the manner in which programs or services are provided to those in the general population, if their provision in a routine manner would cause an immediate and continuing threat to the safety, security, and orderly operation of the facility.

(2) The officer-in-immediate-charge may temporarily deny or withhold a basic service or program previously granted to an inmate in administrative housing if there are reasonable grounds to believe there is a threat to the safety, security, and orderly operation of the facility. All such actions must be reported to the functional unit manager and either affirmed or denied by him/her the following work day. No basic program or service will be permanently withheld without the expressed approval of the functional unit manager.

(3) At the discretion of the functional unit manager, inmates in administrative housing may not be permitted out of their assigned cell or room except when in actual custody of an employee. Restraints may be used at the discretion of the functional unit manager.

(4) Inmates in administrative housing will be given basic visiting status in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 28-1987, f. & ef. 6-5-87
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0085 Administrative Housing Release

(1) Voluntary Assignment: Inmates who voluntarily requested to be assigned to administrative housing will be reassigned to the general population upon request, but only after staff have had adequate time to determine proper placement and transfer to general population.

(2) Involuntary Assignment: Inmates involuntarily assigned to administrative segregation or protective custody will be reassigned to the general population once their involuntary timeframe has been completed, but the assignment shall not exceed 180 days without due process.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 28-1987, f. & ef. 6-5-87
CD 47-1985, f. & ef. 8-16-85
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0090 Situational Reviews

(1) Inmates assigned to administrative housing shall remain so assigned for only the shortest length of time necessary to achieve the purpose for which the assignment was prescribed. A review of all inmates' status will be made every 30 days by the institution Special Needs Inmate Evaluation Committee (SNIEC).

(2) An employee in administrative housing may initiate a request for an inmate requesting psychological intervention. All requests will be referred to Behavioral Health Services.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08
CD 30-1997, f. 12-19-97, cert. ef. 1-1-98
CD 28-1987, f. & ef. 6-5-87
CD 19-1980, f. & ef. 5-30-80
CD 7-1980(Temp), f. & ef. 4-1-80

Or. Admin. R. 291-046-0100 Administrative Review

(1) Petitions for administrative review of involuntary administrative segregation or protective custody must be filed by the inmate with the Assistant Director of Operations within 30 calendar days after the recommendation is signed by the Institutions Administrator. Filing a petition for administrative review shall not stay the imposition of the recommendation. Petitions for administrative review shall minimally state the following:

(a) The date the hearing was completed and the hearings case number.

(b) Sufficient information to show why the finding and subsequent recommendation was not in accordance with the provisions set forth in the rule (OAR 291-046).

(2) Upon receipt of the petition for administrative review, the Assistant Director of Operations shall review the case to determine:

(a) Was there substantial compliance with the rule;

(b) Was the finding and subsequent recommendation based on evidence that was reliable and reasonable; and

(3) If the Assistant Director of Operations determines that there was substantial compliance with the rule (OAR 291-046), the finding was based on reliable and reasonable evidence, and the recommendation imposed was in accordance with the provisions set forth in the rule (OAR 291-046), he/she shall so inform the inmate.

(4) If the Assistant Director of Operations determines that there was not substantial compliance with the rule (OAR 291-046), the finding was not based on reliable and reasonable evidence, or the recommendation imposed was not in accordance with the provisions set forth in the rule (OAR 291-046), he/she shall direct the hearing to be re-opened or vacate all or part of the final recommendation in the case.

(5) The Assistant Director of Operations shall provide the inmate with a written response to the petition for administrative review within 30 days from the date it is received by him or her. Documentation submitted to the Assistant Director of Operations shall not be returned to the inmate.

(6) Petitions that do not meet the requirements as defined by this rule will be returned to the inmate.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08

Division 47 MENTAL HEALTH TREATMENT PROGRAM (AIC ASSIGNMENT AND TRANSFER)

Or. Admin. R. 291-047-0005 Authority, Purpose and Policy

(l) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 179.473, 179.478, 179.479, 179.495, 179.505, 423.020, 423.030, 423.075 and 2005 Or Laws, Ch 439.

(2) Purpose: This rule prescribes procedures by which inmates of Department of Corrections facilities may be transferred to a state mental hospital listed in ORS 426.010.

(3) Policy: It is the policy of the Department of Corrections to establish procedures to provide for the best possible evaluation, treatment and return or release to inmates, to and from a state mental hospital in accordance with ORS 179.473, 179.478, 179.479 and 2005 Oregon Laws, Ch 439.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 8-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & cert. ef. 8-16-85
CD 14-1984, f. & cert. ef. 7-20-84
CD 14-1983, f. & cert. ef. 4-1-83
CD 1-1983(Temp), f. & cert. ef. 1-4-83
CD 9-1980, f. & cert. ef. 4-1-80
CD 20-1979(Temp), f. & cert. ef. 10-23-79, Renumbered from 291-040-0250
CD 10-1979, f. & cert. ef. 4-23-79
CD 38, f. 1-28-77, cert. ef. 2-1-77

Or. Admin. R. 291-047-0010 Definitions

(l) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(2) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Mentally Ill Inmate: An inmate who, because of a mental disorder, is one or more of the following:

(a) Dangerous to self or others.

(b) Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.

(A) Is chronically mentally ill, as defined in ORS 426.495;

(B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the Department of Human Services under ORS 426.060;

(C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in subparagraph (B) above; and

(D) Unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the inmate will become a person described under either or both subparagraph (A) or (B) above.

(4) State Mental Hospital: As defined in ORS 426.010. Except as otherwise ordered by the Department of Human Services pursuant to 179.325, the Oregon State Hospital in Salem, Marion County, and the Blue Mountain Recovery Center in Pendleton, Umatilla County, shall be used as state hospitals for the care and treatment of mentally ill persons who are assigned to the care of such institutions.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 8-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & ef. 8-16-85
CD 14-1984, f. & ef. 7-20-84
CD 1-1984(Temp), f. & ef. 2-17-84
CD 9-1980, f. & cert. ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
;Renumbered from 291-040-0255;
CD 10-1979, f. & ef. 4-23-79
CD 38, f. 1-28-77, ef. 2-1-77

Or. Admin. R. 291-047-0021 Administrative Transfers (Mentally Ill Inmates)

(l) The Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee may request the Superintendent/designee of a state mental hospital listed in ORS 426.010 to accept a transfer of a mentally ill inmate to a state mental hospital pursuant to these rules.

(2) An inmate may be transferred to a state mental hospital for stabilization and evaluation for mental health treatment for a period not to exceed 30 days unless the transfer is extended pursuant to a hearing conducted in accordance with these rules.

(3) If space is available and the Superintendent/designee of the state mental hospital approves, the inmate shall be transferred.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 8-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06

Or. Admin. R. 291-047-0061 Hearings Process

(1) The Department of Human Services shall provide for an administrative commitment hearing conducted by a hearings officer employed or under contract with the Department of Corrections for administrative commitment or extension of the transfer of the inmate if:

(a) The Department of Human Services determines that administrative commitment for treatment for a mental illness is necessary or advisable or that the Department of Human Services needs more than 30 days to stabilize or evaluate the inmate for treatment; and

(b) The inmate does not consent to the administrative commitment or an extension of the transfer.

(c) Inmates in the legal custody of the Department of Corrections and in the physical custody of the Oregon Youth Authority (OYA) will be administratively committed through an OYA hearing, pursuant to OAR 416-425-0020. Inmates in OYA physical custody will be transferred directly from an OYA facility to a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services and returned directly to the OYA facility.

(2) It is the responsibility of the Superintendent/designee of the Oregon State Hospital to notify the hearings officer of the need for a hearing and to provide him or her with a transfer request containing the evidence justifying such action.

(3) The hearing shall be conducted by an independent hearings officer.

(4) The hearings officer shall not have participated in any previous way in the assessment process.

(5) The hearings officer may pose questions during the hearing.

(6) The evidence considered by the hearings officer will be of such reliability as would be considered by reasonable persons in the conduct of their serious affairs.

(7) When confidential informant testimony is submitted to the hearings officer, the identity of the informant and the verbatim statement of the informant shall be revealed to the hearings officer in writing, but shall remain confidential.

(8) In order for the hearings officer to rely on the testimony of a confidential informant, information must be submitted to the hearings officer from which the hearings officer can find that the informant is a person who can be believed or that the information provided in the case at issue is truthful.

(9) At the conclusion of the hearing, the hearings officer will deliberate and determine whether by clear and convincing evidence that the inmate is a mentally ill person as defined in ORS 426.005 and will be administratively committed involuntarily to a state mental hospital. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed three working days from the date of hearing, for the purpose of reviewing the evidence.

(10) An inmate subject to an administrative commitment to a state mental hospital has the rights to which persons are entitled under ORS 179.485.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0065 Representation

(1) In all cases, the inmate is entitled to:

(a) Speak in his or her own behalf;

(b) Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be part of the record.

(2) Assistance by a qualified and independent person approved by the hearings officer will be ordered upon a finding that assistance is necessary based upon the inmate’s financial inability to provide an assistant, language barriers, or competence and capacity of the inmate to prepare a defense, to understand the proceedings, or to understand the rights available to him or her. An inmate subject to an administrative commitment hearing may not receive assistance from another inmate.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0070 Notice of Hearing

(1) The inmate shall be given written notice that an administrative commitment to a state mental hospital listed in ORS 426.010, a hospital or facility designated by the Department of Human Services, or an extension of the transfer is being considered by the Department of Corrections and the Department of Human Services.

(2) The notice will be provided by the hearings officer. Such notice must be provided far enough in advance of the hearing to permit the inmate to prepare for the hearing, but in no case shall notice be provided less than 24 hours prior to the hearing. The hearing shall take place no later than five days from the date of service of the notice.

(3) The notice shall include a copy of this rule.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0075 Investigation

(1) The inmate may request that an investigation be conducted. If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process.

(2) An investigation shall be conducted upon the inmate’s request, if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the inmate to provide with his or her own resources.

(3) The hearings officer may order an investigation on his or her own motion.

(4) The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others, or to the orderly operation of the facility.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0080 Documents/Reports

(1) An inmate may present documents or reports during the hearing, subject to the exclusion and restrictions provided in these rules.

(2) The reporting employee or other agents of the Department of Corrections or Department of Human Services who are knowledgeable may submit to the hearings officer documents or reports in advance of the hearing that are being relied upon for the administrative commitment or extension of the transfer. Such evidence must be disclosed to the inmate during the hearing.

(3) The hearings officer may exclude documents or other evidence upon finding that such evidence would not assist in the resolution of the proceeding, or that such evidence would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for exclusion shall be made part of the record.

(4) Notwithstanding subsection (2) of this rule, the hearings officer may classify documents or other evidence as confidential, and not disclose such evidence to the inmate, upon finding that disclosure of psychiatric or psychological information would constitute a danger to another individual, compromise the privacy of a confidential source, or would constitute an immediate and grave detriment to the treatment of the individual, if medically contraindicated by the treating physician or a licensed health care professional in the written account of the inmate. The reason(s) for classifying documents or other evidence as confidential shall be made part of the record.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0085 Witnesses

(1) The hearings officer shall direct the scheduling and taking of testimony of witnesses at the hearing. Witnesses may include inmates, employees, or other persons. Testimony may be taken in person, by telephone, or by written report or statement.

(2) Except as provided in this subsection, a hearings officer must provide an inmate or his or her representative with the opportunity to call witnesses to testify before the hearings officer and to confront and cross-examine witnesses called by the state. The hearings officer may deny the opportunity provided in this rule upon a finding of good cause. Good cause includes, but is not limited to, an undue risk to the safety, security, or orderly operation of the facility or an immediate and grave detriment to the treatment of the individual due to disclosure of psychiatric or psychological information, if medically contraindicated by the treating physician or a licensed health care professional. The reason(s) for any denial of the opportunity to call witnesses or confront and cross-examine witnesses shall be made part of the record.

(3) If the inmate intends to call witnesses, the inmate must request that the hearings officer schedule witnesses to present testimony at the hearing. The request must be submitted to the hearings officer in writing in advance of the hearing, and include a list of the person(s) the inmate requests to be called to testify and direct examination questions to be posed to each person. The hearings officer shall arrange for the taking of testimony from such witnesses as properly requested by the inmate, subject to the exclusions and restrictions provided in these rules. The hearings officer, rather than the inmate, shall pose questions submitted by the inmate, including questions on cross-examination, if any. The hearings officer may briefly recess the hearing to allow the inmate, the inmate’s assistant, or both, an opportunity to prepare cross-examination questions.

(4) The hearings officer may limit testimony when it is cumulative or irrelevant.

(5) All questions which may assist in the resolution of the proceedings, as determined by the hearings officer, shall be posed. The reason(s) for not posing a question will be made part of the record.

(6) The hearings officer may, on his or her own motion, call witnesses to testify.

(7) The hearings officer may exclude a specific inmate or staff witness upon finding that the witness’ testimony would not assist in the resolution of the proceeding or presents an immediate undue hazard to facility security. If a witness is excluded, the reason(s) shall be made part of the record.

(8) The hearings officer may exclude other persons as witnesses, after giving reasonable consideration to alternatives available for obtaining witness testimony, upon finding that the witness’ testimony would not assist the hearings officer in the resolution of the proceeding, the witness’ appearance at the hearing would present an undue risk to the safety, security, or orderly operation of the facility or the safety of the witness or others, or that the witness is not reasonably available. The reason(s) for exclusion shall be made part of the record.

(9) Persons other than staff requested as witnesses may refuse to appear or testify.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0090 Postponement

(1) A hearing may be postponed by the hearings officer for good cause and for reasonable periods of time.

(2) Good cause includes, but is not limited to:

(a) Illness or unavailability of the inmate;

(b) Gathering of additional evidence; or

(3) The reason(s) for the postponement shall be made part of the record.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0095 Findings

(1) No Justification: The hearings officer may find that the evidence does not support placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services, in which case the hearings officer will recommend that the inmate return to his or her former status with all rights and privileges of that status. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. The findings must be on the merits. Technical or clerical errors in the writing or processing of the transfer request, or both, shall not be grounds for a no justification finding, unless there is substantial prejudice to the inmate.

(2) Justification: The hearings officer may find the evidence supports the inmate’s placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services, in which case the hearings officer will so inform the inmate and recommend that the inmate’s administrative commitment exceed 30 days. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. An inmate’s administrative commitment to a state mental hospital shall not exceed 180 days unless the commitment is renewed in a subsequent administrative hearing in accordance with these rules.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0100 Hearing Record

(1) Upon completion of a hearing, the hearings officer shall prepare and cause to be delivered to the Superintendent/designee of the Oregon State Hospital a hearing record within three days from the date of the hearing.

(2) The record of the formal hearing shall include:

(a) Examination reports;

(b) Notice of hearing and rights;

(d) Supporting material(s); and

(e) “Findings-of-Facts, Conclusions, and Recommendation” of the hearings officer.

(3) The hearings officer will retain the recording and forward to the Superintendent/designee of the Oregon State Hospital items (a), (b), (d), and (e) of this section.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0105 Superintendent’s Review

(1) The results of any hearing held to place an inmate in a state mental hospital for administrative commitment will be reviewed and approved by the Superintendent/designee of the Oregon State Hospital.

(2) The Superintendent/designee of the Oregon State Hospital shall review the “Findings-of-Fact, Conclusions, and Recommendation” of the hearings officer, in terms of the following factors:

(a) Was there substantial compliance with this rule;

(b) Was the decision based on substantial information; and

(3) Within three days of the receipt of the hearings officer’s report, the Superintendent/designee of the Oregon State Hospital shall enter an “order,” which may:

(a) Affirm the recommendation;

(b) Modify the recommendation;

(d) Reopen the hearing for the introduction and consideration of additional evidence.

(4) When the Superintendent/designee of the Oregon State Hospital takes action to modify or reverse, he or she must state the reason(s) in writing and immediately notify the inmate, hearings officer, and Administrator for Counseling and Treatment Services.

(5) When the Superintendent/designee of the Oregon State Hospital reopens the hearing under this rule, the hearings officer shall, pursuant to these rules, conduct the reopened hearing and prepare an amended hearing record within three days of the reopened hearing. The Superintendent/designee of the Oregon State Hospital shall review the hearing officer’s recommendation and enter an amended “order,” which may affirm, modify, or reverse the hearing officer’s recommendation.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0110 Extension of Transfer

(1) If the Department of Human Services determines that the administrative commitment must exceed 180 days in order to stabilize the inmate, the administrative commitment must be renewed in a subsequent administrative commitment hearing held in accordance with these rules.

(2) Notwithstanding this rule, an administrative commitment may not continue beyond the term of incarceration to which the inmate was sentenced.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Or. Admin. R. 291-047-0115 Handling of Inmate Money and Personal Property

(l) When an inmate is transferred to a state mental hospital, the Department of Corrections shall send a check for the balance of the inmate's account to the business office of the state mental hospital.

(2) The inmate's personal property shall be transferred from the Department of Corrections facility in accordance with standards and limitations set by the state mental hospital to which the inmate is transferred.

(3) When the inmate is returned to a Department of Corrections facility, the inmate's money and personal property, as allowed by the Department of Corrections rules for Personal Property (Inmate) (OAR 291-117) and Trust Accounts (Inmate) (OAR 291-158), will be returned with the inmate. All property not allowed under the Department of Corrections rules for Personal Property (Inmate) shall be handled, controlled and disposed of in accordance with Department of Human Services rules (309-108-000 through 309-108-0020).

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Renumbered from 291-047-0030, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & ef. 8-16-85
CD 14-1984, f. & ef. 7-20-84
CD 9-1980, f. & ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
CD 10-1979, f. & ef. 4-23-79, Renumbered from 291-040-0275
CD 38, f. 1-28-77, ef. 2-1-77

Or. Admin. R. 291-047-0120 Visiting Privileges

(l) When an inmate is transferred to a state mental hospital, the Department of Corrections facility shall provide a copy of the inmate's approved list of visitors.

(2) All visitors shall be approved according to the state mental hospital’s procedure.

(3) When an inmate is returned to a Department of Corrections facility, any new names added to the list will be subject to review and approval according to the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) before admission of new visitors will be allowed.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Renumbered from 291-047-0035, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & ef. 8-16-85
CD 9-1980, f. & ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
CD 10-1979, f. & ef. 4-23-79
CD 38, f. 1-28-77, ef. 2-1-77

Or. Admin. R. 291-047-0125 Short-Term Transitional Leaves, Emergency Leaves, and Supervised Trips

When an inmate is administratively transferred to a state mental hospital, no short-term transitional leaves, emergency leaves, or supervised trips shall be approved by the state mental hospital without approval of the functional unit manager of the Department of Corrections facility.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Renumbered from 291-047-0040, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & ef. 8-16-85
CD 14-1984, f. & ef. 7-20-84
CD 9-1980, f. & ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
CD 10-1979, f. & ef. 4-23-79

Or. Admin. R. 291-047-0130 Releases From a State Mental Hospital

An inmate who is transferred to a state mental hospital may be discharged and transferred back to a Department of Corrections facility for one of the following reasons:

(1) Completion of treatment;

(2) He/she could receive mental health services within the Department of Corrections, and there was a mutually agreed upon continuity of care place developed by the state mental hospital and the Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee; or

(3) He/she does not meet the requirements to continue treatment at a state mental hospital.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Renumbered from 291-047-0045, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & ef. 8-16-85
CD 14-1983, f. & ef. 4-1-83
CD 1-1983(Temp), f. & ef. 1-4-83
CD 9-1980, f. & ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
CD 10-1979, f. & ef. 4-23-79

Or. Admin. R. 291-047-0135 Reporting of Unusual Incidents

Reporting of unusual incidents involving inmates administratively transferred to a state mental hospital shall be handled in accordance with the Department of Corrections policy on Unusual Incident Reporting Process.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Renumbered from 291-047-0050, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert. ef. 1-18-94
CD 26-1985, f. & ef. 8-16-85
CD 9-1980, f. & ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
CD 10-1979, f. & ef. 4-23-79

Or. Admin. R. 291-047-0140 Confidentiality/Sharing of Information

(l) Department of Corrections records and other inmate information shall not be available to inmates or persons not employed by, nor under contract to, the Department of Human Services.

(2) Department of Human Services records and information shall be handled in accordance with ORS 179.495, 179.505, 192.501, 192.502, 192.505 and 42 CFR Part 2 relating to confidentiality of medical treatment records.

History

Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439
Renumbered from 291-047-0055, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 5-2000, f. & cert. ef. 1-21-00
CD 1-1994, f. 1-10-94, cert ef. 1-18-94
CD 14-1984, f. & ef. 7-20-84
CD 9-1980, f. & ef. 4-1-80
CD 20-1979(Temp), f. & ef. 10-23-79
CD 10-1979, f. & ef. 4-23-79

Division 48 MENTAL HEALTH SPECIAL HOUSING

Or. Admin. R. 291-048-0200 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish department policy and procedures for the assignment of adults in custody to mental health special housing who, because of a mental illness or intellectual disability, are unable to manage safely in general population settings.

(3) Policy: The department recognizes there are adults in custody with significant mental health issues.It is the policy of the Department of Corrections to:

(a) Provide an environment focused on mental health treatment for adults in custody who, due to mental illness or intellectual disability, exhibit behaviors that pose a danger to themselves or others, or are unable to provide for their basic needs; and

(b) Implement practices within this environment to safely manage the high-risk adult in custody population, promoting conditions that support effective mental health treatment and behavioral therapy.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0100 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0100 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0005
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 4-1988, f. & cert. ef. 3-21-88
CD 19-1987, f. & ef. 3-5-87
CD 27-1985, f. & ef. 8-16-85
CD 4-1985, f. & ef. 5-16-85
Reverted to CD 15-1984, f. & ef. 7-20-1984
CD 20-1984(Temp), f. & ef. 11-6-84
CD 15-1984, f. & ef. 7-20-1984
CD 5-1981, f. & ef. 4-3-81

Or. Admin. R. 291-048-0210 Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Behavioral Health Services: A Health Services unit with primary responsibility for the assessment and treatment of adults in custody with mental illness and intellectual disability.

(3) Behavioral Health Services Program Manager: The employee or designee who reports to the Behavioral Health Services administrator or designee and has responsibility for delivery of treatment services or coordination of program operations in a mental health special housing unit.

(4) Behavioral Health Unit: An intensive behavior therapy and skills training unit for adults in custody with a serious mental illness that have committed violent acts or engaged in significantly high-risk behavior.

(5) Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(6) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(7) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional setting, the superintendent is the functional unit manager.

(8) Intermediate Care Housing: A mental health special housing unit that provides an in-patient level of care and treatment and a therapeutic environment for adults in custody.

(9) Mental Health Infirmary: A crisis response unit that provides acute mental health care and a therapeutic environment for adults in custody.

(10) Mental Health Special Housing: A housing assignment separate from the general population including facilities, rooms, or cells based on the admission criteria for each specific unit. Mental health special housing includes Mental Health Infirmaries, Intermediate Care Housing, and Behavioral Health Units.

(11) Mental Health Special Housing Custody Manager: The employee or designee responsible for security operations in a mental health special housing unit and for making operational decisions in accordance with rule, policy, or procedure, who is appointed by the institution’s functional unit manager.

(12) Mental Health Treatment Team: A team that may consist of the Behavioral Health Services program manager(s), psychiatrist or nurse practitioner, nurse, qualified mental health professionals and associates, psychologists, mental health special housing custody manager, represented security employees, and other designated employees. The purpose of this group is to:

(a) Assess the mental status of adults in custody assigned to a mental health special housing unit;

(b) Establish and update individualized treatment plans;

(d) Coordinate discharge and mental health follow-up.

(13) Prescribing Practitioner: A licensed psychiatrist or psychiatric mental health nurse practitioner.

(14) Qualified Mental Health Associate: Any person who has been credentialed and has the responsibility for the delivery of mental health treatment services within the scope of certification.

(15) Qualified Mental Health Professional: Any person who has been credentialed and has the responsibility for the delivery of mental health assessment and treatment services within the scope of certification.

(16) Reasonable Grounds: Information that is of such credibility that it would induce a reasonably prudent person to use it in the conduct of their affairs.

(17) Serious Mental Illness: Any current or recent (within the preceding 6 months) diagnosis of: other specified schizophrenia and psychotic disorders, unspecified schizophrenia and psychotic disorders, schizophrenia, bipolar I disorder, bipolar II disorder or other specified bipolar disorder, unspecified bipolar disorder, schizoaffective disorder, schizophreniform disorder, major depressive disorder (single episode or recurrent), brief psychotic disorder, psychotic disorder due to medical condition, or major neurocognitive disorder unless the treatment record clearly indicates that symptoms of the disorder(s) are (have been) in partial remission (with or without treatment); an IQ of 69 or below, with adaptive skills deficit; engagement in a recent (within the preceding year) serious suicide attempt; or any diagnosed mental disorder (excluding any disorder manifested solely by repeated criminal or otherwise antisocial conduct, substance use or induced disorders, and paraphilias) currently associated with significant impairment in cognitive, behavioral or emotional functioning that substantially interferes in a person’s ability to function on a daily basis and that has a seriously adverse effect on life or on mental or physical health.

(18) Special Population Management Committee: A committee composed of at least three department employees, including a representative from institution operations, Behavioral Health Services, and the Office of Population Management.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0110 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0110 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0010
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 19-1987, f. & ef. 3-5-87
CD 27-1985, f. & ef. 8-16-85
CD 4-1985, f. & ef. 5-16-85
Reverted to CD 15-1984, f. & ef. 7-20-84
CD 20-1984(Temp), f. & ef. 11-6-84
CD 15-1984, f. & ef. 7-20-84
CD 5-1981, f. & ef. 4-3-81

Or. Admin. R. 291-048-0220 Selection and Training of Security Employees for Mental Health Special Housing

(1) Selection Criteria: For positions that are solely assigned to mental health special housing:

(a) Security employees must have successfully completed trial service;

(b) All employees requesting to work in mental health special housing will be reviewed and must receive a satisfactory appraisal by a committee designated by the institution’s functional unit manager before assignment to the unit. At a minimum, the employee must meet the following criteria:

(A) Have expressed a constructive interest in working with adults in custody in mental health special housing;

(B) Have demonstrated the ability to work with adults in custody through conflict-reducing and conflict-control skills; and

(2) Position Availability: Decisions regarding the number of mental health special housing positions will be made by the institution’s functional unit manager and will be reviewed as needed.

(3) Mental Health Special Housing Position Rotations: Rotation of employees may occur in the best interest or wellbeing of the employee or the operation of the unit, upon determination by a committee designated by the institution’s functional unit manager.

(4) Training of Assigned Personnel: All employees assigned to work in a mental health special housing unit are required to annually complete a minimum number of 12 training hours specific to mental health special housing, in addition to any other department training requirements.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0115 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11, Renumbered from 291-048-0115
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 37-1987(Temp), f. & cert. ef. 9-24-87
CD 19-1987, f. & cert. ef. 3-5-87
CD 27-1985, f. & cert. ef. 8-16-85
CD 4-1985 f. & cert. ef. 5-16-85
CD 15-1984, f. & cert. ef. 7-20-84

Or. Admin. R. 291-048-0230 Evaluation Criteria for Admission to Mental Health Special Housing

An adult in custody that, in the judgment of Behavioral Health Services, meets one or more of the following conditions because of a mental illness should be considered for admission to mental health special housing:

(1) A danger to others;

(2) A danger to self;

(3) Unable to care for their own basic needs;

(4) Significant functional impairment; or

(5) Needs a diagnostic evaluation or medication adjustment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

Or. Admin. R. 291-048-0240 Assignment to Mental Health Special Housing

(1) An adult in custody will be assigned to a mental health special housing unit based on the least restrictive environment that satisfies the needed level of care.

(2) Mental health special housing includes Mental Health Infirmaries, Intermediate Care Housing, and the Behavioral Health Units. The assignment process varies dependent on the specific unit.

(a) Assignment to a Mental Health Infirmary will be made in accordance with OAR 291-048-0250 to 0260.

(b) Assignment to Intermediate Care Housing will be made in accordance with OAR 291-048-0270.

(3) Once an adult in custody has been assigned to a mental health special housing unit, the individual may be assigned to other mental health special housing units for treatment as deemed necessary or advisable by the mental health treatment team. However, an individual may only be assigned to a Mental Health Infirmary by order of the prescribing practitioner.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

Or. Admin. R. 291-048-0250 Voluntary Assignment to a Mental Health Infirmary

(1) An adult in custody may be voluntarily placed in a Mental Health Infirmary when:

(a) There is a referral from an institution qualified mental health professional;

(b) The Mental Health Infirmary mental health treatment team finds that the adult in custody needs mental health treatment;

(d) The adult in custody consents to admission in writing.

(2) The Mental Health Infirmary prescribing practitioner shall make the final decision whether an adult in custody is admitted to a Mental Health Infirmary for treatment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0130 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0130 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0015
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 19-1987, f. & ef. 3-5-87
CD 4-1985, f. & ef. 5-16-85
Reverted to CD 15-1984, f. & ef. 7-20-84
CD 20-1984(Temp), f. & ef. 11-6-84
CD 15-1984, f. & ef. 7-20-84
CD 5-1981, f. & ef. 4-3-81

Or. Admin. R. 291-048-0260 Involuntary Assignment to a Mental Health Infirmary

(1) An adult in custody may be involuntarily assigned to a Mental Health Infirmary for evaluation for a period not to exceed five working days, by approval of the Behavioral Health Services program manager, prescribing practitioner, or Behavioral Health Services administrator for the Mental Health Infirmary or designee, only upon a finding of reasonable grounds.

(2) Assessment: Within five working days following assignment to a Mental Health Infirmary, the mental health treatment team will assess the need for treatment. The following mental health information shall be considered by the prescribing practitioner in making the assessment:

(a) Mental health diagnoses;

(b) Potential therapeutic effect of a change in environment;

(c) Potential for development of an individualized treatment plan for the adult in custody that is available within a Mental Health Infirmary and is likely to benefit the adult in custody;

(d) Ability to function in the general population; and

(e) Any other factors substantially related to the mental health of the adult in custody, as applicable, including observations made by employees, individual diagnostic interviews, and tests assessing intellect and coping abilities.

(3) Upon completion of the assessment and compilation of the adult in custody's mental health history:

(a) If the mental health treatment team determines the adult in custody is not in need of the level of care in a Mental Health Infirmary, the adult in custody will be returned to their former status or referred to mental health treatment, as appropriate.

(b) If the mental health treatment team determines the adult in custody needs the level of care in a Mental Health Infirmary, an individualized treatment plan will be developed.

(4) The adult in custody will be given the opportunity to voluntarily admit to a Mental Health Infirmary.

(5) If the adult in custody is unwilling to be voluntarily admitted, the prescribing practitioner may admit the adult in custody on an involuntary basis.

(a) The prescribing practitioner will deliver notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD1567) to the institution’s functional unit manager.

(b) The institution’s functional unit manager will notify the Hearings Officer of the involuntary assignment.

(c) The Hearings Officer will arrange to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days or as soon as practicable after completion of the evaluation.

(6) Recommended Length of Stay: In all instances where involuntary assignment is recommended, the prescribing practitioner will include a recommendation for the length of stay in a Mental Health Infirmary, not to exceed 180 days.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0140 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0140 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0020
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 19-1987, f. & ef. 3-5-87
CD 27-1985, f. & ef. 8-16-85
CD 4-1985, f. & ef. 5-16-1985
Reverted to CD 15-1984, f. & ef. 7-20-84
CD 20-1984(Temp), f. & ef. 11-6-84
CD 15-1984, f. & ef. 7-20-84
CD 5-1981, f. & ef. 4-3-81

Or. Admin. R. 291-048-0270 Assignment to Intermediate Care Housing

(1) An adult in custody may be assigned to Intermediate Care Housing based on a referral from a qualified mental health professional. An adult in custody may be referred if:

(a) It is determined at release from a Mental Health Infirmary that the adult in custody requires additional stabilization prior to placement into a less restrictive environment;

(b) It is determined at release from a Behavioral Health Unit that the adult in custody requires additional stabilization prior to placement into a less restrictive environment;

(c) It is determined at intake that the adult in custody does not have the basic coping skills to be placed directly into a less restrictive environment;

(d) It is determined during the adult in custody’s incarceration that there will be an increase in symptoms in a less restrictive environment if the adult in custody is not provided a higher level of treatment and support; or

(e) The adult in custody demonstrates high risk for suicide or frequent self-directed violence.

(2) An adult in custody may be admitted in Intermediate Care Housing when:

(a) The Intermediate Care Housing mental health treatment team finds that the adult in custody needs mental health treatment; and

(b) There is a reasonable likelihood that treatment can be accomplished in Intermediate Care Housing.

(3) The Behavioral Health Services program manager for Intermediate Care Housing shall make the final decision whether an adult in custody is admitted to Intermediate Care Housing for treatment.

(4) Assessment: Within five working days following assignment to Intermediate Care Housing, the mental health treatment team will assess the need for treatment. The following mental health information shall be considered by the Behavioral Health Services program manager for Intermediate Care Housing in making the assessment:

(a) Mental health diagnoses;

(b) Potential therapeutic effect of a change in environment;

(c) Potential for development of an individualized treatment plan for the adult in custody that is available within Intermediate Care Housing and is likely to benefit the adult in custody;

(d) Ability to function in the general population; and

(5) Upon completion of the assessment and compilation of the adult in custody's mental health history:

(a) If the mental health treatment team determines the adult in custody is not in need of the level of care in Intermediate Care Housing, the adult in custody will be returned to their former status or referred to mental health treatment, as appropriate.

(b) If the mental health treatment team determines the adult in custody needs the level of care in Intermediate Care Housing, an individualized treatment plan will be developed.

(d) If the adult in custody is unwilling to be voluntarily admitted, the Behavioral Health Services program manager may admit the adult in custody on an involuntary basis:

(A) If the adult in custody has previously been assigned to a mental health special housing unit on an involuntary basis within the last 180 days, the adult in custody may be assigned to Intermediate Care Housing without any further action.

(B) If the adult in custody has not previously been assigned to a mental health special housing unit on an involuntary basis, the Behavioral Health Services program manager will deliver notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD1567) to the institution’s functional unit manager.

(D) The Hearings Officer will arrange to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days, or as soon as practicable, after completion of the assessment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

Or. Admin. R. 291-048-0280 Assignment to a Behavioral Health Unit

(1) An adult in custody may be assigned to a Behavioral Health Unit:

(a) If the individual is diagnosed with a serious mental illness and is being considered for placement in an Intensive Management Unit in accordance with the department’s rules on Intensive Management Unit (OAR 291-055) or for placement in an Administrative Segregation Unit in accordance with the department’s rules on Segregation (Administrative) (OAR 291-046); and

(b) The Special Population Management Committee recommends assignment to a Behavioral Health Unit.

(2) An adult in custody may be placed in a Behavioral Health Unit when:

(a) There is a referral from a qualified mental health professional;

(b) The Behavioral Health Unit treatment team reviews the referral; and

(3) The Behavioral Health Services program manager for the Behavioral Health Unit shall make the final decision whether an adult in custody is admitted to a Behavioral Health Unit for treatment.

(4) Assessment: Within five working days following assignment to a Behavioral Health Unit, the Behavioral Health Unit treatment team will assess the need for treatment. The following mental health data shall be considered:

(a) Mental health diagnoses;

(b) Potential therapeutic effect of a change in environment;

(c) Potential for development of an individualized treatment plan for the adult in custody that is available within a Behavioral Health Unit and is likely to benefit the adult in custody; and

(d) Any other factors substantially related to the mental health of the adult in custody, as applicable, including observations made by employees, individual diagnostic interviews, and tests assessing intellect and coping abilities.

(5) Upon completion of the assessment and compilation of the adult in custody's mental health history:

(a) If the Behavioral Health Unit treatment team determines the adult in custody is not in need of the level of care in a Behavioral Health Unit, the adult in custody will be returned to their former status, assigned to an Intensive Management Unit, to Administrative Segregation, or placed as appropriate.

(b) If the Behavioral Health Unit treatment team determines the adult in custody needs the level of care in a Behavioral Health Unit, an individualized treatment plan will be developed.

(d) If the adult in custody is unwilling to be voluntarily admitted, the Behavioral Health Services program manager for the Behavioral Health Unit may admit the adult in custody on an involuntary basis.

(A) If the adult in custody has previously been assigned to a mental health special housing unit on an involuntary basis within the last 180 days, the adult in custody may be assigned to a Behavioral Health Unit without any further action.

(B) If the adult in custody has not previously been assigned to a mental health special housing unit on an involuntary basis, the Behavioral Health Services program manager for the Behavioral Health Unit will deliver notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD1567) to the institution’s functional unit manager.

(D) The Hearings Officer will arrange to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the assessment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

Or. Admin. R. 291-048-0290 Involuntary Assignment to Mental Health Special Housing

(1) Notice of Hearing and Rights:

(a) The adult in custody shall be given written notice of the hearing not less than 24 hours prior to the hearing.

(b) The notice shall include a statement of the adult in custody's rights with respect to the hearing.

(2) The hearing shall be conducted by a Hearings Officer or other person trained in the hearings process in the event the Hearings Officer is unavailable.

(3) The Hearings Officer shall not have participated in any way in the assessment process determining assignment to a Behavioral Health Unit.

(4) The Hearings Officer may pose questions during the hearing.

(5) Representation:

(a) In all cases, the adult in custody is entitled to:

(A) Speak on their own behalf; and

(B) Be present at all stages of the hearing process, except when the Hearings Officer finds that to have the adult in custody present would create an immediate threat to facility security or safety of its employees or others. The reason(s) for the finding shall be a part of record.

(b) Assistance by an employee, other adult in custody, or other person approved by the Hearings Officer will be ordered for those individuals where it is found that assistance is necessary based upon a visual, speech, or hearing disability, language barriers, or competence and capacity of the adult in custody.

(6) Investigation: The adult in custody has a right to request that an investigation be conducted. If an investigation is ordered, a designee of the Hearings Officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process of an involuntary placement of the specific adult in custody into mental health special housing.

(a) An investigation shall be conducted upon request by the adult in custody if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the adult in custody to provide with their own resources.

(b) The Hearings Officer may order an investigation on the Hearings Officer’s own motion.

(c) The Hearings Officer shall allow the adult in custody access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its employees, or others.

(7) Witnesses: Adults in custody have the right to call witnesses to testify before the Hearings Officer. Witnesses may include other adults in custody, employees, or other persons.

(a) If witnesses will be called, the adult in custody, prior to the hearing, must develop a list of witnesses and questions to be posed to each witness. The adult in custody shall bring the list of questions and the list of witnesses to the hearing.

(b) The adult in custody or the adult in custody’s representative shall not have the right to cross‑examine or directly pose questions to any witness.

(c) The Hearings Officer may exclude a specific adult in custody witness or employee witness upon finding that the witness' testimony presents an undue hazard to facility security or the safety of its employees or others or would not assist in the resolution of the proceeding. The reason(s) for the exclusion of a witness shall be made a part of the record.

(d) The Hearings Officer may exclude other persons as witnesses upon finding that their testifying presents an undue hazard to facility security or the safety of its employees or others or would not assist in the resolution of the proceeding, or the witness is not reasonably available. The reason(s) for the exclusion of a witness shall be made a part of the record.

(e) An adult in custody witness shall have the right to refuse to testify.

(f) Persons other than adults in custody or employees requested as witnesses shall have the right to refuse to appear or testify.

(g) The Hearings Officer may, on the Hearings Officer’s own motion, call witnesses to testify.

(h) All questions which will assist in the resolution of the proceedings, as determined by the Hearings Officer, shall be posed. The reason(s) for not posing a question will be made a part of the record.

(8) Documentation or Reports:

(a) Adults in custody shall have the right to present documents or reports during the hearing.

(b) Any reporting employees, or other agents of the facility who are knowledgeable, shall submit documents or reports in advance of the hearing.

(c) The Hearings Officer may exclude documents or reports, making a finding that such would be unduly hazardous to facility security or the safety of its employees or others, or would not assist in the resolution of the proceeding. The reason(s) for the exclusion of documents or reports shall be made a part of the record.

(d) The Hearings Officer may classify documents or reports as confidential upon making a finding that revealing such would constitute a threat to the safety and security of the facility or violate statutory provisions regarding confidentiality. The reason(s) for classifying documents or reports as confidential shall be made a part of the record.

(9) Postponement:

(a) A hearing may be postponed by the Hearings Officer for "good cause" and for a reasonable period of time.

(b) "Good cause" includes, but is not limited to:

(A) Illness or unavailability of the adult in custody;

(B) Gathering of additional evidence; or

(10) At the conclusion of the hearing, the Hearings Officer will deliberate and determine whether the information supports placement of the adult in custody in mental health special housing, considering any contrary information submitted by the individual. The Hearings Officer may postpone the rendering of a decision for a reasonable period of time for the purpose of reviewing the information.

(a) No Justification: The Hearings Officer may find that the information does not support placement in mental health special housing, in which case the Hearings Officer will recommend that the adult in custody return to the adult in custody’s former status with all rights and privileges of that status.

(b) Justification: The Hearings Officer may find the report does support placement in mental health special housing, in which case the Hearings Officer will so inform the adult in custody and recommend the individual be assigned to mental health special housing for a specified period of time, as recommended by the prescribing practitioner or mental health treatment team, not to exceed 180 days.

(11) Hearing Record:

(a) Upon completion of a hearing, the Hearings Officer shall prepare a hearing record within 10 days following the conclusion of the hearing.

(b) The record of the formal hearing shall include:

(A) Notice of Emergency/Involuntary Assignment to the Mental Health Special Housing (CD 1567);

(B) Notice of Hearing and Rights;

(D) Supporting material(s); and

(E) Findings‑of‑Fact, Conclusion, and Recommendation of the Hearings Officer.

(c) The Hearings Officer will retain the recording and forward to the Behavioral Health Services administrator items (A), (B), (D), and (E) of this section.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0150 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11, Renumbered from 291-048-0150
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0025
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 19-1987, f. & cert. ef. 3-5-87
CD 4-1985, f. & cert. ef. 5-16-85
CD 20-1984(Temp), f. & cert. ef. 11-6-84
CD 15-1984, f. & cert. ef. 7-20-84
CD 5-1981, f. & cert. ef. 4-3-81

Or. Admin. R. 291-048-0300 Administrative Review

(1) The Behavioral Health Services administrator or designee shall review the results of any hearing held to involuntarily place an adult in custody in mental health special housing.

(2) The Behavioral Health Services administrator or designee shall review the Findings‑of‑Fact, Conclusion, and Recommendation of the Hearings Officer to determine whether:

(a) There was substantial compliance with the procedural requirements of these rules;

(b) The recommended decision was based on substantial information; and

(3) Within five days of the receipt of the Hearings Officer's report, the Behavioral Health Services administrator or designeeshall enter an order to:

(a) Affirm the Hearings Officer’s recommended decision;

(b) Modify the Hearings Officer’s recommended decision; or

(4) If the Behavioral Health Services administrator or designee modifies or reverses the Hearings Officer’s recommended decision, the Behavioral Health Services administrator or designee must state the reason(s) in writing and promptly notify the adult in custody, Hearings Officer, mental health treatment team, and institution’s functional unit manager of the action and reason.

(5) A copy of the order shall be returned to the Hearings Officer and the adult in custody.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0160 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0160 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0030
CD 3-1996, f. 4-26-96, cert. ef. 5-1-96
CD 4-1988, f. & cert. ef. 3-21-88
CD 15-1984, f. & ef. 7-20-84
CD 5-1981, f. & ef. 4-3-81

Or. Admin. R. 291-048-0305 Programming Levels in a Behavioral Health Unit

(1) Adults in custody assignedtoa Behavioral Health Unit will be permitted to leave their cell for visits; exercise; recreational activities; showers; medical, dental, or mental health services; hearings; interviews; or other reasons, as authorized by the Behavioral Health Services program manager for the Behavioral Health Unit, as appropriate based on the adult in custody’s risk to others, the adult in custody’s individualized treatment plan, and the adult in custody’s individual progress within the program.

(2) The Assistant Superintendent of Security will assign escort supervision, as deemed appropriate.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, adopt filed 07/30/2026, effective 08/01/2026

Or. Admin. R. 291-048-0310 Provision of Basic Services and Programs in Mental Health Special Housing

(1) Mental health special housing shall be under the clinical supervision of the Behavioral Health Services program manager and the operational supervision of the mental health special housing custody manager.

(2) An adult in custody in mental health special housing may be given special security housing upon recommendation of the mental health treatment team for a specified period of time and may not be permitted out of their assigned cell or room except when in the actual custody of a security employee.

(3) Basic services and programs shall be determined by the mental health treatment team. The way services and programs are provided may differ from the way they are provided to adults in custody in general population, if providing them in a routine manner would cause an immediate and continuing threat to the security of the facility or the safety of its employee or others.

(4) The mental health treatment team will develop, implement, and review the individualized treatment plans.

(a) The individualized treatment plan will have a specific set of objectives to meet in a progression of increasing personal responsibility. The individualized treatment plan must be written and a copy given to each adult in custody with whom the individualized treatment plan is developed. A meaningful review of individualized treatment plans will occur every 30 days.

(b) An individualized treatment plan may include, but is not limited to, a structured daily schedule based on that adult in custody’s individual needs, an adult in custody’s progression in a level system, and any specialized interventions, or provisions recommended for that adult in custody by the mental health treatment team.

(5) A mental health special housing employee may temporarily withhold a basic service previously approved to an adult in custody in mental health special housing if the mental health special housing employee has sufficient reason to believe the security of the facility, its employees, or others is in immediate danger.

(a) The mental health special housing custody manager shall be informed as soon as is reasonable of any service or program that is withheld.

(b) All such actions directly affecting an adult in custody’s individualized treatment must be reported to the Behavioral Health Services program manager for the mental health special housing unit by the following workday.

(6) Psychiatric treatment or any type of psychotropic drugs administered to an adult in custody assigned to mental health special housing shall be in accordance with the department’s rules on Informed Consent to Treatment (OAR 291-064).

(7) All psychotropic medication administered to adults in custody housed in mental health special housing shall be prescribed by a prescribing practitioner. All prescribed medication shall be administered by a nurse licensed to administer medication.

(8)Personal Property: Items permitted will, in general, be in accordance with the adult in custody’s individualized treatment plan, the adult in custody’s individual progress within a treatment program, and the department’s rules on Personal Property (Inmate) (OAR 291-117). Property in addition to items permitted shall be approved by the mental health treatment team. Personal property items may be withheld for security and treatment purposes, as determined by the mental health treatment team.

(9) Visits: An adult in custody in mental health special housing will be permitted visits in accordance with the adult in custody’s individualized treatment plan, the adult in custody’s individual progress within a treatment program, and the department’s rules on visiting adults in custody assigned to the Mental Health Infirmary, OAR 291-127-0260(9).

(10) Recreation: An adult in custody will have an opportunity to participate in recreational activities in accordance with the adult in custody’s individualized treatment plan, the adult in custody’s individual progress within a treatment program, the adult in custody’s risk to others and the operational needs of the unit.

(11) The management of an adult in custody placed in therapeutic restraints for medical or mental health treatment shall be in accordance with the department’s rules on Therapeutic Restraints (Use of) (OAR 291-071).

(12) Suicide or Crisis:

(a) An adult in custody assigned to mental health special housing with suicidal ideation, or attempt, may be placed on suicide precaution.

(b) The adult in custody will maintain this status until the assigned qualified mental health professional determines that the suicide precaution is no longer necessary, in accordance with the department’s rules on Suicide Prevention in Correctional Facilities (OAR 291-076).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0170 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0170 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99

Or. Admin. R. 291-048-0320 Release From Mental Health Special Housing

(1) Upon petition by an adult in custody, an adult in custody assigned to mental health special housing on a voluntary basis will be reassigned to a less restrictive environment within five working days, unless the mental health treatment team determines continued treatment at the current level of care is necessary. In such instances, the mental health treatment team shall follow the procedures for involuntary assignment outlined in OAR 291-048-0290.

(2) An adult in custody assigned involuntarily to mental health special housing will remain so assigned for only the shortest length of time necessary to achieve the purpose(s) for which the assignment was prescribed. The assignment shall not exceed 180 days unless the assignment is renewed in a subsequent administrative hearing as outlined in OAR 291-048-0290.

(3) When an adult in custody is released from mental health special housing, the mental health treatment team, in collaboration with the Office of Population Management, will determine the appropriate housing assignment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

Or. Admin. R. 291-048-0330 Administrative Hold Assignments

(1) The institution’s functional unit manager may temporarily assign an adult in custody to mental health special housing on administrative hold status for other than mental health reasons if the institution’s functional unit manager determines that the adult in custody’s assignment is necessary or advisable to protect the safety, security, order, and efficient operations of the facility, the safety or security of its employees, visitors or other adults in custody, or to further other legitimate correctional objectives.

(2) Assignment to mental health special housing on administrative hold status shall not be an admission to the unit. An adult in custody assigned to mental health special housing on administrative hold status may be subject to all operational policies and procedures while assigned to the unit.

(3) An adult in custody may be involuntarily assigned to mental health special housing for a period more than 30 days in accordance with the notice and hearings process set forth in the department's rules on Administrative Housing (OAR 291-046).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 25-2026, amend filed 07/30/2026, effective 08/01/2026
Renumbered from 291-048-0190 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
Renumbered from 291-048-0190 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
DOC 10-1999, f. & cert. ef. 7-6-99
DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99

Division 52 TRANSFERS AND RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS

Or. Admin. R. 291-052-0100 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Provide procedures for the administrative transfer of certain adults in custody (AICs) or youths in custody (YICs) under the age of 20 from DOC to the Oregon Youth Authority (OYA); and

(b) Provide procedures for requesting a court hearing under the provisions of ORS 420A.203 Eligibility for second look, establishing a release plan, and providing follow-up reports to the court.

(3) Policy: It is the policy of DOC that, when authorized under and consistent with applicable state law:

(a) An individual under the age of 18 at the time of committing an offense and under 20 years of age at the time of sentencing to a term of incarceration in DOC may be housed at a youth correction facility as follows:

(A) If the individual is under 18 years of age at the time of transfer, the individual shall be delivered directly to a youth correction facility by the county; and

(B) If the individual is 18 or 19 years of age and is taken to Coffee Creek Intake Center, the individual shall be transferred to a youth correction facility as soon as possible.

(b) No person 18 years of age or older at the time of committing the offense shall be transferred to a youth correction facility; and

(4) DOC and OYA concur these transfers best serve the AIC’s and YIC’s reformation plans; and AICs and YICs may be transferred by OYA to DOC when appropriate, in accordance with ORS 420.011, Subsections 2 and 3, and ORS 137.124.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & ORS 420A.130
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030, 423.075 & ORS 420A.130
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0110 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of DOC who is not on parole, post-prison supervision, or probation.

(2) Adjudicated Youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 416C.005 for an act committed when the person was under 18 years of age.

(3) Conditional Release: A period of community supervision authorized under ORS 420A.206 if approved by the sentencing court following a second look hearing per ORS 420A.203. The period of supervision is the entire remainder of the sentence of imprisonment imposed, less any reduction in sentence under ORS 421.121 or any other statute, unless the conditional release is revoked or suspended. An AIC or YIC who is released on second look conditional release remains in DOC legal custody, as opposed to physical custody, until the expiration of the AIC’s or YIC’s incarceration term.

(4) Re-entry Support and Services: Includes, but not limited to, aid for housing and employment, vocational assistance, transportation services, treatment and access to physical or mental health care services, medications, mentoring and specialized supervision strategies.

(5) Second Look: For crimes committed on or after June 30, 1995, AICs and YICs under 18 years of age at the time of committing an offense and sentenced to DOC for a term of imprisonment of at least 24 months may be eligible for conditional release following completion of half of the imposed DOC sentence and approval by the sentencing court.

(6) Youth Correction Facility: Any facility used for the confinement of persons committed to the physical custody of OYA.

(7) Youth in Custody (YIC): Any person under 18 years of age under the supervision of DOC who is not on parole, post-prison supervision, or probation.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0120 Transfer to Oregon Youth Authority of Qualifying AICs and YICs

(1) An AIC or YIC shall be considered qualified for transfer to a youth correction facility if the AIC or YIC meets the applicable criteria provided in ORS 137.124 and ORS 420.011.

(2) DOC must notify OYA when a qualified AIC or YIC is taken to Coffee Creek Intake Center and arrange through the DOC Office of Population Management to transfer the AIC or YIC to the appropriate youth correction facility.

(3) DOC staff will coordinate with OYA to complete any intake procedures not completed prior to transfer to a youth correction facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0130 AICs and YICs Delivered Directly to the Oregon Youth Authority

(1) The same day an AIC or YIC arrives at a youth correction facility, OYA staff must forward copies of the AIC’s or YIC’s judgments, statements of imprisonment, detainers, county misconduct documents, fingerprints, photograph, and any other information received to DOC.

(2) DOC must verify the AIC or YIC meets the qualifying criteria to be placed in a youth correction facility as outlined in OAR 291-052-0100(3).

(3) Designated DOC staff must coordinate with designated OYA staff to complete the AIC’s or YIC’s DOC intake process.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0140 Return of an AIC or YIC to the Department of Corrections

(1) To return an AIC or YIC to DOC, the OYA Director or designee shall contact the DOC Office of Population Management to request the transfer. The Office of Population Management shall arrange the AIC’s or YIC’s transport to DOC.

(2) An AIC or YIC cannot remain in the physical custody of the OYA after the AIC or YIC is 25 years of age. Before the AIC’s or YIC’s 25th birthday, the Office of Population Management shall coordinate with the DOC Transport Unit to arrange for the transfer of the AIC or YIC to DOC.

(3) An AIC or YIC cannot be transferred to DOC until they have reached 18 years of age.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0150 Responsibilities

(1) DOC will:

(a) Retain legal custody of the AIC or YIC, regardless of the AIC’s or YIC’s physical location;

(b) Designate a functional unit manager or designee of the Office of Population Management as the coordinator for case planning, classification, and all status change decisions concerning each AIC or YIC on administrative transfer to a youth correction facility;

(d) Manage release planning, including second look conditional release planning and coordination of releases to other agencies holding detainers, for all AICs or YICs in OYA physical custody; and

(e) Notify OYA of scheduled Board of Parole and Post-Prison Supervision hearings for AICs or YICs in OYA physical custody.

(2) Using funds legislatively appropriated to the department for this purpose, enter into agreements or arrangements with counties to provide counties with supplemental funding for the provision of re-entry support and services to offenders who are released from prison before attaining 25 years of age.

(3) OYA will:

(a) Care for AICs and YICs in its physical custody in the same manner as adjudicated youths;

(b) Provide copies of all regular, at least semi-annual reports, and special reports to the Offender Information and Sentence Computation unit;

(c) Provide AICs and YICs with opportunities for work and self-improvement in the same manner as adjudicated youths, including compensation when warranted;

(d) Provide programs and treatment for AICs and YICs as determined appropriate by OYA;

(e) Not release an AIC or YIC from OYA physical custody, including AICs and YICs with detainers from other municipal, state, or federal agencies, without the express approval of DOC;

(f) Exercise reasonable control of AIC and YICs and use security units when warranted. All AIC and YIC major behavior violations or circumstances deemed serious by OYA staff must be brought to the attention of the youth correction facility Superintendent and the Office of Population Management;

(g) Report to the Office of Population Management an AIC’s or YIC’s alleged commission of any crime while in the physical custody of the OYA;

(h) Immediately report escapes. If the AIC or YIC escapes from a youth correction facility, the facility shall immediately notify the functional unit manager of the Offender Information and Sentence Computation unit and shall, within 24 hours thereafter, return any and all AIC or YIC file material to the Offender Information and Sentence Computation unit;

(i) Comply with after-hours escapes notifications. For escapes which occur after regular business hours, OYA must immediately contact the facility designated by DOC.

(4) OYA may provide authorized re-entry support services described in DOC administrative rules 291-052-0100 to 291-052-0170 and OYA administrative rules 416-255-0010 to 416-255-0030 for AICs or YICs released from a youth correctional facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.110
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030, 423.075 & 423.110
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0160 Release Planning

(1) Not more than 180 days and not less than 150 days before the AIC’s or YIC’s earliest release date, or at the request of DOC, OYA will send the AIC’s or YIC’s proposed transition worksheet to the DOC release counselor to assist in the development of a DOC release plan.

(2) The DOC release counselor will work with the AIC or YIC, OYA, county community corrections, and the Board of Parole and Post-Prison Supervision on a DOC release plan. A release plan must include the following:

(a) Proposed residence plan with occupant’s contact information and relationship to the AIC or YIC if a private residence. If the AIC or YIC is in need of housing, a release plan will include that information;

(b) Any notable issues regarding criminal history, risks and needs, residence plan, necessary police reports, financial obligations including restitution, and supporting documentation for recommended conditions of supervision;

(c) Recommended special conditions of supervision based on the individual risks and needs of the AIC or YIC, including any conditions reasonably necessary to further the reform and rehabilitation of the AIC or YIC and to ensure compliance with the other conditions imposed; and

(d) Reporting instructions to the county of residence on the day of release.

(3) Approximately 120 days before the AIC’s or YIC’s earliest release date, a release plan will be forwarded to the appropriate county community corrections agency in the county of residence, as determined by the DOC release counselor. The Board of Parole and Post-Prison Supervision has final authority over county of residence. Any release plan shall be investigated by the county and returned to the DOC release counselor within approximately 45 days.

(4) The DOC release counselor will submit a proposed release plan to the Board of Parole and Post-Prison Supervision for their review and approval no less than 60 days prior to the AIC’s or YIC’s earliest release date.

(5) If a proposed release plan is not approved by the Board of Parole and Post-Prison Supervision, they will return it to the release counselor with the recommended modifications.

(6) The release counselor shall modify the plan and re-submit a revised version prior to the AIC’s or YIC’s release, and prior to the Board of Parole and Post-Prison Supervision issuing the order of supervision conditions.

(7) The DOC release counselor will work with the OYA facility staff to facilitate the signing of the conditions of supervision, reporting instructions, and any other documents determined to be necessary by DOC.

(8) The DOC release counselor will work with the OYA facility staff to have the AIC or YIC transferred to an OYA facility closest to the county of release and to determine transportation to the county of release on the day of release.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 14-2015, f. & cert. ef. 10-20-15

Or. Admin. R. 291-052-0170 Second Look

(1) Not more than 120 days and not less than 60 days before the sentence is one-half served, OYA or DOC, whichever has physical custody of the AIC or YIC, shall file with the sentencing court a notice and request for the court to set a time and place for a hearing on all AICs or YICs eligible for a second look.

(2) If a request is filed by OYA, OYA shall notify the DOC release counselor and the Offender Information and Sentence Computation unit of the request and the date of the hearing. A case summary will be prepared by OYA and submitted to DOC prior to the date of the hearing.

(3) If the AIC or YIC is in the physical custody of OYA, the OYA Second Look coordinator will immediately notify the Offender Information and Sentence Computation unit and the DOC release counselor of the decision of the court.

(4) If the court decides that a conditional release is appropriate and the AIC or YIC is in the physical custody of OYA, DOC will coordinate a release plan with the county community corrections agency and the OYA. DOC will submit a release plan to the court no later than 45 days after the receipt of the court’s direction to prepare the plan. A release plan must include:

(a) A description of support services and program opportunities available to the AIC or YIC;

(b) The recommended conditions of the release and supervision;

(d) Conditions or requirements that provide for the safety of the victim, the victim's family, and the community;

(e) A payment schedule for AICs or YICs whose sentences include a requirement to make restitution or to pay compensatory fines or attorney fees and who have not yet made full payment;

(f) Any conditions reasonably necessary to further the reform and rehabilitation of the AIC or YIC and to ensure compliance with the other conditions imposed; and

(g) Any special conditions necessary because of the AIC’s or YIC's individual circumstances.

(5) If the court does not approve the proposed release plan and returns the plan to DOC with recommended modifications and additions, DOC shall submit a revised plan to the court no later than 15 days after the receipt of the court’s recommended modifications and additions.

(6) When the court has approved a final release plan, DOC shall arrange for the physical release of the AIC or YIC and notify OYA of the arrangements.

(7) A final release plan shall require the DOC or designee to submit a report to the court no later than 90 days after the AIC or YIC is conditionally released, and at least every 180 days thereafter, informing the court of the AIC’s or YIC's circumstances and progress on conditional release. Reports submitted to the court by the DOC designee shall also be given to the DOC release counselor.

(8) While on conditional release, the AIC or YIC shall remain under the jurisdiction of the court.

(a) If the AIC or YIC violates a condition of release, the AIC or YIC may be taken into custody and detained pending a hearing by the court;

(b) No later than 24 hours after an AIC or YIC is taken into custody, DOC or DOC’s designee shall file a notice and affidavit with the court and serve a copy of the notice and affidavit on the person.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 420A.203, 420A.206, 423.020, 423.030 & 423.075
DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 14-2015, f. & cert. ef. 10-20-15

Division 55 INTENSIVE MANAGEMENT UNIT

Or. Admin. R. 291-055-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Establish Department of Corrections policy and procedures for the assignment of custody Level 5 inmates to special security housing and programs in a designated Intensive Management Unit (IMU) or IMU status cells separate from general population housing in Department of Corrections facilities to provide the maximum level of inmate security, control, and supervision; and

(b) Establish standards for the operation and management of IMU and IMU status cells.

(3) Policy: It is the policy of the Department of Corrections to:

(a) Assign custody Level 5 inmates, or inmates who are under investigation for or who have been charged with the in-custody murder or assault of another inmate or staff, to special security housing and programs in a designated IMU or IMU status cells separate from general population housing in Department of Corrections facilities to provide the maximum level of inmate security, control, and supervision as provided in these rules.

(b) Conduct meaningful periodic reviews of an inmate’s status and continued assignment to an IMU or IMU status cell as provided in these rules.

(c) Temporarily reassign inmates assigned to an IMU or IMU status cell to other treatment, program or service units (i.e., infirmary, Administrative Housing, Disciplinary Segregation, mental health special housing) for treatment or programming as deemed necessary or advisable by the department.

(d) Ensure inmates assigned to an IMU or IMU status cells have an opportunity for administrative review of their custody Level 5 classification and assignment to IMU as provided in the department's rule on Classification (Inmate), OAR 291-104.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 14-2002, f. & cert. ef. 11-8-02
DOC 10-2002(Temp), f. & cert, ef, 7-10-02 thru 1-6-03
DOC 20-2000, f. & cert. ef. 8-18-00
DOC 7-2000(Temp), f. 2-24-00, cert. ef. 2-24-00 thru 8-22-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Or. Admin. R. 291-055-0010 Definitions

(1) Intensive Management: The status of a custody Level 5 inmate assigned to special security housing and programs in a designated intensive management unit or cell separate from general population housing units and cells in Department of Corrections facilities.

(2) IMU Inmate Program Committee: An institution committee that reviews an inmate’s movement among the program levels. The Assistant Superintendent of Correctional Rehabilitation will chair the committee. The committee will consist of staff from Correctional Rehabilitation, Behavioral Health Services, Security Threat Management, Religious Services, and security. Representatives from the Office of Population Management, Education section, Health Services, and Hearings may also attend.

(3) IMU Shift Supervisor: The person responsible for the daily operation of the IMU in the absence of the IMU manager.

(4) Intensive Management Unit (IMU) Manager: The officer-in-charge or designee responsible for the daily operation of the IMU.

(5) Officer-in-Charge: The person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or officer-of-the-day are not readily available.

(6) Serious Management Concerns: Participation either individually, or in a group, in behavior which poses a significant threat to the safe and secure operation of the facility, including, but not limited to;

(a) Threatening or inflicting bodily injury on another person;

(b) Posing an immediate risk of escape;

(d) Promoting security threat group activities; or

(e) Being involved in any other activity that could significantly threaten the safe and secure operation of the facility, and that such behavior poses a sufficient threat that, in the judgment of the department, can only be adequately controlled in appropriate special housing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 7-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-911

Or. Admin. R. 291-055-0014 Selection of Intensive Management Unit Staff

(1) Selection Criteria:

(a) To qualify for a post that is solely assigned to an Intensive Management Unit, the employee:

(A) Must have successfully completed trial service;

(B) Must have achieved a satisfactory on a special performance appraisal at the time of application and assignment to IMU. At a minimum, the staff member must meet the following criteria:

(i) Have demonstrated maturity and tolerance;

(ii) Have expressed a constructive interest in working with inmates in IMU;

(iii) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and

(iv) Have demonstrated the ability to use good judgment.

(2) Assignments to Intensive Management Unit posts:

(a) Assignment to Intensive Management Unit posts will be made by the functional unit manager or designee and will be reviewed at least annually.

(b) Rotation of staff assigned to Intensive Management Unit posts may occur as it is found to be in the best interest of the employee or the facility, upon determination by the functional unit manager.

(c) Temporary assignment to Intensive Management Unit posts will be made by the functional unit manager or designee. Temporary assignments shall be given only to employees who meet the initial qualifications specified in this rule. Whenever possible, temporary assignments will be given only to employees who have successfully completed training specified by the Department of Corrections.

(3) Any exceptions to this rule for staff selection to an Intensive Management Unit post must be approved by the Assistant Director for Operations or designee prior to assignment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00

Or. Admin. R. 291-055-0019 IMU Assignments

(1) Custody Level 5 inmates who have received a sentence other than a sentence of death, or who are pending retrial in a case in which a death sentence may be re-imposed, shall be assigned to an IMU or IMU status cell. Inmates who have received a sentence of death (inmates on death row status), or who are under investigation for or who have been charged with the in-custody murder of another inmate or staff, may be assigned housing in an IMU or IMU status cell.

(a) An inmate demonstrates the need for custody Level 5 housing by demonstrating behaviors that in the judgment of the department cause serious management concerns.

(b) Inmates assigned to an IMU or IMU status cell may be temporarily assigned to other housing, treatment, program or service units (i.e., infirmary, Administrative Housing, Disciplinary Segregation, mental health special housing, Death Row) for housing, treatment or programming as deemed necessary or advisable by the department.

(2) Assignment Request: A request for assignment to an IMU shall be initiated if an inmate scores custody Level 5, or when an override request to custody Level 5 is made.

(a) A Classification Summary, Intensive Management Unit Administrative Action Sheet (CD8a) and all pertinent information that demonstrates the need for IMU assignment shall be sent to the Office of Population Management.

(b) Staff shall indicate the reason for referral and a short statement describing the reason for requesting an IMU assignment. The Office of Population Management will approve or deny the request.

(3) Documentation of Decisions: All decisions by the Office of Population Management Administrator or designee will be documented on the Intensive Management Unit Administrative Action Sheet (CD 8a) and returned to the facility initiating the request. The signed copy of the action sheet shall be filed in the inmate's IMU file at the Office of Population Management.

(4) Notice: Decisions by the Office of Population Management Administrator or designee that assign an inmate to IMU status will be sent to the inmate along with a Classification Summary (CD1120D), Intensive Management Unit Administrative Action Sheet (CD8a), Request for Administrative Review (CD1120aD), and a description of the inmate’s review options.

(5) If an inmate is released from prison on IMU status and returns to the department with a new crime of conviction, and is reassigned to IMU housing or an IMU status cell, the inmate shall be re-instated at the same IMU program level last recorded upon release from prison.

(a) The inmate must be re-assigned to IMU housing or an IMU status cell in the same process as described in subsections (2) through (4) above.

(b) Any acts of misconduct upon return to prison will be reviewed by the IMU Inmate Program Committee upon assignment to an IMU or an IMU status cell for possible demotion.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 10-2014, f. & cert. ef. 4-22-14
DOC 9-2013(Temp), f. & cert. ef. 10-23-13 thru 4-21-14
DOC 14-2002, f. & cert. ef. 11-8-02
DOC 10-2002(Temp), f. & cert, ef, 7-10-02 thru 1-6-03
DOC 20-2000, f. & cert. ef. 8-18-00, Renumbered from 291-055-0011
DOC 7-2000(Temp), f. 2-24-00, cert. ef. 2-24-00 thru 8-22-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94

Or. Admin. R. 291-055-0020 Programming Levels of Intensive Management Unit Inmates

(1) Program Level Criteria:

(a) The Assistant Superintendent of Correctional Rehabilitation or designee will establish criteria for the various program levels.

(b) All inmates assigned to an Intensive Management Unit or IMU status cell will begin on program level two. The IMU Inmate Program Committee will evaluate each inmate's legal or investigative status, conduct, program involvement and behavior periodically.

(c) The initial review will be conducted 150 days after assignment to an IMU or IMU status cell and then at least every 90 days thereafter while on IMU status to determine further and appropriate program level assignment.

(A) An inmate may be demoted one or more program levels for conduct or behavior which threatens the safe, secure and orderly operation of the Intensive Management Unit or failure to participate in programs. An inmate will not be demoted to a program level one strictly for failure to participate in a program. Any demotion to level one shall be based on inmate behavior.

(B) If immediate action is necessary, the IMU shift supervisor may take appropriate action and recommend a reduction in an inmate's program level and submit it to the Intensive Management Unit manager for approval. All demotions will be reviewed by the IMU Inmate Program Committee for final approval.

(d) Inmate Program Committee Guidelines for Level Advancement: The following criteria will be considered when evaluating an inmate's adjustment in IMU for program level advancement:

(A) Level One: One month at level one with no major rule violation and no more than one minor rule violation may earn promotion to:

(B) Level Two: Two months at level two with no major rule violation and no more than one minor rule violation and active participation in prescribed programming may earn promotion to:

(C) Level Three: Three months at level three with no major rule violation and no more than one minor rule violation and a successful completion of prescribed programs may earn promotion to:

(D) Level Four: Maintain level four with no major rule violation and no more than one minor rule violation. Within 30 days of a promotion to level four a decision for promotion to level five or reassignment from IMU will be made.

(E) Level Five: Continue to present a serious management concern and are retained at custody Level 5.

(e) The provisions of this rule apply retroactively to all inmates assigned to an IMU or IMU status cell on or after December 29, 2014.

(2) Program Level Services and Activities: Services, activities, programs, incentives, and property may vary based on the architecture of the facility and individual needs of each assigned inmate. An inmate's adjustment and behavior while housed in the Intensive Management Unit will determine the inmate's service and activities program level. The schedule for programs and services are as follows:

(a) Level One basic services provided to Intensive Management Unit (IMU) inmates:

(A) Correspondence and photos (excluding publications): As received through the mail after assignment to level one.

(B) Commissary: Envelopes ordered every two weeks.

(D) Legal services: As required in accordance with the department’s rule on Legal Affairs (Inmate), OAR 291-139. Inmates are authorized to possess legal materials for active and pending cases in accordance with OAR 291-117-0100, Authorized Legal Property.

(E) Religious services and materials: As requested and meeting security requirements.

(F) Personal hygiene/shower: Three times per week.

(G) State issued personal care items (soap, tooth powder, toothbrush, comb, toilet paper).

(H) Bedding: One mattress, one pillow, one pillow case, two sheets, one towel, and blanket(s) as needed.

(I) Clothing: One set of undergarments, coverall and footwear.

(J) Address books.

(K) Treatment/Programming/Educational Services: As deemed appropriate to the individual treatment program and meeting security requirements.

(L) Library: Up to three paperback books on a scheduled exchange basis.

(b) Level Two services and activities available to IMU inmates: In addition to level one basic services:

(A) Recreation: 40 minutes per day, five days per week.

(B) Commissary: $25 worth of commissary items ordered every two weeks.

(D) One approved property storage container.

(E) Personal care items on the IMU commissary list from the inmate’s personal property or purchased after placement.

(F) One pair of personal shower shoes.

(G) Educational material, treatment or psychological service program materials: As requested, approved and meeting security requirements.

(A) Commissary: $30 of commissary items ordered every two weeks.

(B) One pair of personal shoes.

(D) Personal property on the IMU commissary list.

(G) One photo album.

(F) Telephone access one time per week up to 40 minutes.

(G) Work assignments.

(d) Level Four services and activities available to IMU inmates: In addition to level three services:

(A) Commissary: $40 worth of commissary items ordered every two weeks.

(B) Personal property: No more than two approved storage containers.

(e) Level Five services and activities available to IMU inmates in addition to level four services:

(A) Commissary: $50 worth of commissary items ordered every two weeks.

(B) Telephone access up to one hour per day.

(D) Personal electronic players as approved.

(3) Immediately following any action of self destruction, a medical or psychological services staff member will be consulted by the IMU Manager to determine if the inmate should be recommended for transfer to mental health special housing.

(4) IMU status inmates will be permitted to leave their cell as appropriate to their program level for visits, exercise, showers, medical, dental, or mental health services, hearings, interviews, or other reasons as authorized by the IMU Manager.

(a) The Assistant Superintendent of Security will assign escort supervision as deemed appropriate.

(b) IMU inmates will not be permitted to leave their cells without approval from the IMU Manager unless previously scheduled to do so for program participation. The inmate will be in restraints at all times while being escorted inside and outside the unit. Routine staff interviews may be accomplished at the inmate's cell.

(5) The IMU Manager or designee will conduct a tour of the Intensive Management Unit at least once per shift. Inmates may address questions to the IMU Manager at this time.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2015, f. & cert. ef. 8-21-15
DOC 4-2015(Temp), f. & cert. ef. 3-20-15 thru 9-15-15
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Or. Admin. R. 291-055-0025 Situational Reviews

Individual inmate assessments may be requested by the Assistant Superintendent of Correctional Rehabilitation or designee or the IMU Inmate Program Committee at any time. Inmates requesting mental health services may be referred to qualified Behavioral Health Services personnel pursuant to recommendation of Behavioral Health Services program staff or the Assistant Superintendent of Correctional Rehabilitation or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Or. Admin. R. 291-055-0031 Retention/Re-assignment from an IMU or IMU Status Cell

(1) When considering an inmate for re-assignment from an IMU or IMU status cell to other appropriate housing, the IMU Inmate Program Committee will consider the inmate's adjustment within IMU, the nature and severity of the high category misconduct, length of time in IMU, and past history. The committee may also consider the degree of participation in self-improvement programs, mental health counseling, anger management, education, job assignments, alcohol/drug abuse therapy, assessment and evaluation, behavioral contracts, security threat group disassociation, communicable disease counseling, or other institutional management concerns.

(2) Periodic Review:

(a) The IMU Inmate Program Committee shall review each inmate assigned to an IMU or IMU status cell periodically. The initial review will be conducted at 150 days after the initial placement on IMU status or an IMU status cell, and then at least every 90 days, or within 30 days of the inmate obtaining program level four status, to determine if the inmate will be retained in or re-assigned from an IMU or IMU status cell to other appropriate housing.

(b) Prior to the review and recommendation by the IMU Inmate Program Committee, the IMU status inmate will receive notice and be allowed an opportunity to provide written submission to the committee for their consideration.

(c) The IMU Inmate Program Committee shall submit a written recommendation to either retain or reassign an inmate from IMU or an IMU status cell to the Office of Population Management Administrator or designee. A completed IMU 90 Day Review (CD1683) must be sent to the Office of Population Management describing the reason(s) and justification for the inmate to be either retained in or re-assigned from IMU or an IMU status cell.

(d) The Office of Population Management Administrator or designee shall make a decision to retain the inmate in IMU or an IMU status cell or assign the inmate to other appropriate housing. The Office of Population Management Administrator’s or designee’s decision is final and not subject to further review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Or. Admin. R. 291-055-0040 Property

(1) Any personal property, as defined in the Department of Corrections rule on Personal Property Control and Disposition (Inmate), OAR 291-117, not permitted in the cell of any Intensive Management Unit inmate will be properly protected in a designated property room. Upon release from IMU, the inmate shall check his/her personal property and sign the property sheet.

(2) Intensive Management Unit inmates will be permitted to retain basic personal health items (dentures, prescribed eye wear, hearing aids and approved prosthetic devices).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Or. Admin. R. 291-055-0045 Services, Programs and Activities

(1) Basic: The following basic programs and services will be provided to all inmates in IMU unless compelling security or safety reasons dictate otherwise.

(a) Food:

(A) Except when under special diet specifically prescribed by the medical officer, each IMU inmate shall receive food prepared in accordance with the Department of Corrections rule on Food Service Programs, OAR 291-061.

(B) Food will be delivered to each inmate in his/her cell by a staff member.

(D) Intensive Management Unit inmates who intentionally misuse food or eating utensils may be subject to the provisions of the department’s rule governing Controlled Feeding, OAR 291-083.

(b) Clothing: A clean set of undergarments and coveralls will be provided on an exchange basis three times a week.

(c) Bedding: Clean sheets and one pillow case will be exchanged on a weekly basis. A clean towel will be provided on an exchange basis at least three times per week.

(d) Personal Hygiene/Shower: Inmates will be allowed to shower, shave and obtain necessary personal care items three times a week. Arrangements for haircuts will be arranged on a regularly scheduled basis.

(e) IMU inmates shall be provided correspondence privileges in accordance with the Department of Corrections rule on Mail (Inmate), OAR 291-131. Inmates may submit Interview Requests and grievances. Grievances will be handled in a manner prescribed by the Department of Corrections rule on Grievance Review System (Inmate), OAR 291-109.

(f) Legal Services: IMU inmates may pursue their legal activities in accordance with the Department of Corrections rule on Legal Affairs (Inmate), OAR 291-139. Legal material will be provided. Abuse of materials may result in disciplinary action. Attorney visits must be scheduled in advance.

(g) Religious: IMU inmates will be allowed to receive religious guidance if requested. Religious Services staff will visit each Intensive Management Unit once per week. Request for religious material will be reviewed by the Assistant Superintendent of Security or his/her designee prior to issuing to the inmate.

(i) Medical/Dental/Mental Health Services:

(A) Health care and mental health care services will be provided to inmates in IMU in accordance with the Department of Corrections rule on Health Services (Inmate), OAR 291-124.

(B) A member of the Health Services staff shall minimally visit IMU inmates three times weekly. The staff member will provide each inmate an opportunity to talk with him/her and refer requests for medical, dental, or mental health services to the appropriate staff member.

(C) A physician will visit Intensive Management Units as the need arises. Dental services will be provided on a schedule determined between the unit manager or his/her designee and the Health Services Manager.

(D) Mental Health Services:

(i) Behavioral Health Services staff shall perform and supervise mental health services as needed. Services may include crisis intervention, behavioral contracts, anger management, brokering out other mental health services, as well as transitional services.

(ii) While it is recognized some inmates refuse services and are otherwise unamenable to treatment, the accessibility to treatment services remains available during times of assessment, by inmate request, or could be fostered by an inmate's uncontrollable behavior(s).

(2) Services: Depending on unit adjustment and inmate programming level, inmates have opportunities for increased programs and services. These programs and services may include the following:

(a) Visits: Visits will be conducted in accordance with the department’s rule on Visiting (Inmate), OAR 291-127. Visits will be conducted in a basic visiting area for IMU status inmates. Visits must be scheduled at least three days in advance of the visit. Two one-hour sessions will be made available monthly. Additional visiting sessions may be made available based on facility architecture and approved by the IMU Manager.

(b) Exercise: Inmates on IMU status shall have the opportunity to exercise out of their cells as outlined by the IMU program level, except for those inmates who receive a conduct order or disciplinary sanction as provided in the department’s rule on Prohibited Inmate Conduct (OAR 291-105). Inmates eligible to exercise will receive 40 minutes of exercise per day, five days per week. The 40-minute exercise period will begin when the inmate exits his/her cell.

(c) Library: Paperback books are available for inmate use on an exchange basis. The books may be exchanged on a regularly scheduled basis.

(d) Commissary: As outlined in OAR 291-055-0020, inmates may be eligible to purchase commissary items based upon their IMU program level. Commissary items will be issued every other week to eligible inmates. Authorized commissary items on the approved IMU Commissary List may be purchased.

(e) Education: Education services may be made available to inmates assigned to IMU or to an IMU status cell to assist in developing each inmate’s academic needs.

(f) Correctional Counselor Services: A correctional counselor will be assigned to each IMU.

(g) The services listed in sections (a) through (f) above will be provided unless security, staff availability, safety or sanitation considerations dictate otherwise as authorized by the functional unit manager or designee.

(h) Additional incentives may be offered to inmates assigned to double bunk cells.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Or. Admin. R. 291-055-0050 Forfeiture/Deprivation of Service or Activity

(1) An Intensive Management Unit inmate may be required to forfeit or be temporarily deprived of any service or activity when the inmate is using them to destroy or damage property, obstruct security, or threatens physical violence to self or others. If an inmate is using any service or activity for self destruction, that service/activity may be temporarily removed upon order of the IMU manager or designee. Any item(s) withheld shall be returned at the earliest possible time when the basis for removal has ceased to exist. A written report documenting the action will be forwarded to the functional unit manager or designee.

(2) Services and activities may be forfeited or deprived as a result of a disciplinary sanction in accordance with the Department of Corrections rule on Prohibited Inmate Conduct and Processing Disciplinary Actions, OAR 291-105.

(3) Additional programs and services will depend on the inmate's adjustment and adherence to department rules and Intensive Management Unit regulations. Programs and services outlined in this rule denote eligibility only, they do not guarantee program and service delivery. Staff and facility resources may determine frequency and duration of approved inmate activity.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2014, f. & cert. ef. 12-29-14
DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14
DOC 20-2000, f. & cert. ef. 8-18-00
CD 21-1994, f. 11-16-94, cert. ef. 12-1-94
CD 13-1991, f. & cert. ef. 6-7-91

Division 58 STRUCTURED, INTERMEDIATE SANCTIONS

Or. Admin. R. 291-058-0010 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish a uniform system of administrative sanctions to address violation behavior of adults on supervision while on probation, parole, post-prison supervision, leave, or any other form of supervision that may be imposed by the Department of Corrections or a county community corrections agency, taking into consideration the severity of the violation behavior, the prior violation history, the severity of the underlying criminal conviction, the criminal history of the adult on supervision, protection of the community, deterrence, the effective capacity of the state prisons and local correctional facilities, and the availability of appropriate local sanctions.

(3) Policy:

(a) It is the policy of the Department of Corrections to compel compliance with the conditions of supervision by responding to violations with swift, certain, and fair interventions. It is the policy of the Department of Corrections that decisions to incarcerate adults on supervision while on probation, parole, post-prison supervision, leave, or any other form of supervision for violation of the conditions of supervision must be made upon a systematic basis that will ensure that available custodial space is used to house those who constitute a threat to the public, taking into consideration the availability of custodial space and local resources.

(b) It is the policy of the Department of Corrections to provide, in conjunction with the Board of Parole and Post-Prison Supervision for adults on supervision subject to the jurisdiction of the Board, specific direction for department and county community corrections agency employees to follow when considering administrative sanctioning options for adults on supervision.

History

Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98
CD 8-1994, f. 3-18-94, cert. ef. 3-29-94
CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93

Or. Admin. R. 291-058-0020 Definitions

(1) Administrative Sanctions: Sanctions and structured, intermediate sanctions, as those terms are used in ORS 137.592 to 137.599, 144.106 to 144.108, and 144.346 and in Criminal Justice Commission and Board of Parole and Post-Prison Supervision administrative rules, imposed by the Department of Corrections or a county community corrections agency for violation of conditions of supervision. Administrative sanctions are less than a revocation action and include but are not limited to local confinement in jails, restitution centers, work release centers, inpatient treatment facilities or similar facilities, or community service work, work crew, and house arrest.

(2) Administrative Sanctions Sanctioning Grid: A grid used by the officer to determine the appropriate sanction response based on the adult on supervision’s Supervision Level and Behavior Severity Level (incorporated herein as Attachment A).

(3) Adult on Supervision: Any person under the supervision of the Department of Corrections or a county community corrections agency who is on probation, parole, post-prison supervision, leave, or any other form of supervision. For purposes of these rules, this definition includes adults in custody who are in the department’s legal custody but are temporarily outside of the Department of Corrections’ physical custody and who have been released onto short-term transitional leave or non-prison leave.

(4) Agency: The Department of Corrections or the county community corrections agency responsible for providing supervision services to those on probation, parole, post-prison supervision, leave, or any other form of supervision.

(5) Compact Adult on Supervision: Any person who resides in and is being supervised by the State of Oregon although sentenced in another state.

(6) Conditions of Probation, Parole, Post-Prison Supervision, or Leave: General and special conditions given to an individual placed on probation, parole, post-prison supervision, leave, or any other form of supervision by the sentencing judge, the Board of Parole and Post-Prison Supervision, the Department of Corrections, or local supervisory authority.

(7) Interventions: Interventions imposed by the Department of Corrections or a county community corrections agency for violations of one or more conditions of supervision. Interventions include, but are not limited to, verbal reprimand, written reprimand, job search programming, increased reporting requirements, curfew, day reporting, modification of conditions, and outpatient treatment. Intervention responses are not counted as sanction units and may be imposed along with sanctions.

(8) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to adults in custody successfully completing the institution phase of an alternative incarceration program (AIP). Nonprison leave is designed to provide adults in custody with transitional opportunities that promote successful reintegration into the community.

(9) Officer: Any county- or state-employed parole or probation officer.

(10) Revocation: Termination of supervision as a result of violating behavior or a determination by the sentencing court, Board of Parole and Post-Prison Supervision, or local supervisory authority.

(11) Releasing Authority: The Department of Corrections, the court, Board of Parole and Post-Prison Supervision, or local supervisory authority.

(12) Sanction Equivalency Table: A table used to determine the number of sanction units for which an adult on supervision will receive credit based on the type of sanction and number of hours served (incorporated herein as Attachment B).

(13) Sanction Units: Conditions of probation or sanctions imposed as a number of units as established by rules of the Criminal Justice Commission including, but not limited to, jail, restitution centers, work release centers, inpatient treatment facilities or similar facilities, or community service work.

(14) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide adults in custody with transitional opportunities that promote successful reintegration into the community.

(15) Supervisory Authority: The state or local corrections official or officials designated in each county by that county’s Board of County Commissioners or county court to operate corrections supervision services, custodial facilities, or both.

(16) Supervision Level: The level assigned to an adult on supervision as a result of the calculated risk score utilizing the Public Safety Checklist or Proxy risk instruments and any appropriate risk instrument or local policy overrides.

History

Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98
CD 8-1994, f. 3-18-94, cert. ef. 3-29-94
CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93

Or. Admin. R. 291-058-0030 Application to Adults on Supervision

(1) These rules shall apply to all adults on supervision on probation for a felony committed on or after September 1, 1993, unless the court retained jurisdiction.

(2) These rules shall apply to adults on supervision on probation for a felony committed prior to September 1, 1993, if:

(a) The sentencing judge orders the adult on supervision to be subject to the structured, intermediate sanctions sanctioning process; and

(b) The adult on supervision consents in writing or on the record to be subject to the structured, intermediate sanctions sanctioning process.

(3) The agency or officer shall present adults on supervision on probation for a felony committed prior to September 1, 1993 with the option of consenting to be subject to the structured, intermediate sanctions sanctioning process for violation of conditions of probation supervision. Adults on supervision may consent in writing to be subject to the structured, intermediate sanctions sanctioning process by signing a structured, intermediate sanctions sanctioning process consent form (CD1274). The agency or officer shall present an adult on supervision’s written consent to be subject to the structured, intermediate sanctions sanctioning process to the sentencing court for the court’s approval and signature.

(4) These rules apply to all adults on supervision on parole and post-prison supervision and all compact adults on supervision supervised in Oregon.

(5) These rules apply to all adults on supervision on short-term transitional leave with specific limitations set forth in OAR 291-058-0046.

(6) These rules apply to all adults on supervision on nonprison leave with specific limitations set forth in OAR 291-058-0047.

(7) These rules apply to adults on supervision on probation for a designated drug-related misdemeanor, as defined in ORS 423.478, for crimes committed on or after August 15, 2017.

(8) These rules apply to those sentenced on or after January 1, 2022 and placed on probation for a designated person misdemeanor as defined in ORS 423.478.

History

Statutory/Other Authority: ORS 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592 & 137.593
Statutes/Other Implemented: ORS 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592 & 137.593
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98
CD 8-1994, f. 3-18-94, cert. ef. 3-29-94
CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93

Or. Admin. R. 291-058-0040 Identification and Presentation of Violation Behavior

(1) Upon identifying violation behavior, the officer will prepare and present to the adult on supervision a copy of a Department of Corrections violation and structured sanction reporting form describing the alleged violation behavior.

(2) Notice of Rights and Decisions About Rights:

(a) Probation Cases: Using a Department of Corrections Notice of Rights form (CD1272), the adult on supervision shall be notified of their rights to a violation hearing before the court, to be represented by an attorney at the hearing, and to have an attorney appointed for them at state expense if they cannot afford one.

(b) Parole and Post-Prison Supervision Cases: Using a Board of Parole and Post-Prison Supervision or local supervisory authority Notice of Rights form for those on parole and post-prison supervision, the adult on supervision shall be notified of their rights to a violation hearing before the Board of Parole and Post-Prison Supervision or local supervisory authority.

(c) Compact Cases: Using a Compact Notice of Rights form for those on compact supervision, the adult on supervision shall be notified of their rights to a violation hearing before an assigned hearings officer.

(d) Short-Term Transitional Leave and Nonprison Leave Cases: Using a Department of Corrections Notice of Rights form (CD1497), the adult on supervision shall be notified of their rights to a violation hearing before an assigned hearings officer.

(e) All Notice of Rights forms shall include a description of the sanction which will be imposed if the adult on supervision chooses to waive their right to a violation hearing and right to counsel, and in lieu of a violation hearing elects to participate in the administrative sanctioning process.

(f) A copy of the Notice of Rights form shall be provided to the adult on supervision at the time of or after the adult on supervision is presented with a copy of the Department of Corrections violation and structured sanction reporting form describing the alleged violation behavior, and prior to the imposition of sanctions. The Notice of Rights may be administered by any agency personnel or other person at the direction of agency personnel.

(g) The person administering the Notice of Rights shall ask the adult on supervision if they can read and understand the Notice of Rights form printed in the English language. If the adult on supervision informs the person administering the Notice of Rights that they cannot read the form, but can understand the English language, the person shall read the Notice of Rights form to the adult on supervision. If the adult on supervision informs the person administering the Notice of Rights that they cannot read or understand the English language, the person shall provide the adult on supervision with a Notice of Rights in the adult on supervision’s language if available, or when necessary, through a language interpreter.

(h) If, after receiving Notice of Rights in writing or orally as necessary, the adult on supervision indicates to the person administering the Notice of Rights that they understand their rights as stated in the Notice of Rights form, the adult on supervision shall sign the Notice of Rights form acknowledging that the adult on supervision understands their rights, and indicate by checking the appropriate box on the form whether they want a violation hearing before the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority or to accept the administrative sanction listed on the form. If an adult on supervision refuses to sign the form acknowledging that they have read or have been read the Notice of Rights and that they understand the Notice of Rights, the person administering the Notice of Rights shall so indicate on the Notice of Rights form, and the officer shall report the violation behavior to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority for disposition in lieu of proceeding with the administrative sanctioning process.

(i) If, after receiving Notice of Rights in writing or orally, the adult on supervision indicates to the person administering the Notice of Rights that they do not understand their rights as stated in the Notice of Rights form, the officer shall report the violation behavior to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority for disposition in lieu of proceeding with the administrative sanctioning process. For compact cases, a probable cause hearing shall be scheduled with an assigned hearings officer.

(3) If the adult on supervision admits to the alleged violation behavior or affirmatively chooses not to contest the information regarding the alleged violation behavior and the adult on supervision accepts the administrative sanction to be imposed by the sanctioning agency as listed on the Notice of Rights form, the sanctioning agency shall impose the administrative sanction.

(4) If the adult on supervision denies or otherwise contests the alleged violation behavior or does not accept the administrative sanction to be imposed by the sanctioning agency as listed on the Notice of Rights form, the officer shall report the violation behavior to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority for disposition in lieu of proceeding with the administrative sanctioning process. For compact cases, a probable cause hearing shall be scheduled with an assigned hearings officer.

History

Statutory/Other Authority: ORS 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592, 137.593, 137.595, 144.104, 144.106 & 144.108
Statutes/Other Implemented: ORS 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592, 137.593, 137.595, 144.104, 144.106 & 144.108
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98
CD 8-1994, f. 3-18-94, cert. ef. 3-29-94
CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93

Or. Admin. R. 291-058-0045 Imposition of Administrative Sanctions or Interventions on Adults on Supervision

(1) The officer shall determine whether the alleged violation behavior is appropriately responded to with interventions or with administrative sanctions, or both.

(2) If the officer determines that the alleged violation behavior is appropriately responded to with an intervention, the officer may direct the adult on supervision into appropriate interventions in lieu of administrative sanctions.

(3) If the officer determines that the alleged violation behavior is appropriately responded to with administrative sanctions, the officer shall determine and impose appropriate administrative sanctions using the Administrative Sanctions Sanctioning Grid (Attachment A) and the Sanction Equivalency Table (Attachment B), and the following procedures:

(a) Identify the adult on supervision’s current supervision level.

(b) Identify the behavior severity level using the Behavior Severity Level Chart on the Administrative Sanctions Sanctioning Grid. For a series of violations, select the violation that fits into the highest behavior severity level.

(c) Determine the appropriate matrix based on the type of case being sanctioned. Using the supervision and behavior severity levels, identify the appropriate behavior response level .

(d) For probation cases, determine the number of jail and non-jail sanction units remaining for use as administrative sanctions applicable to the adult on supervision’s probationary sentence or order.

(e) Determine the appropriate sanction response to impose within the identified behavior response level. Sanctions may not exceed the maximum number of sanction units as indicated on the Administrative Sanctions Sanctioning Grid, using the Sanction Equivalency Table.

(f) An administrative sanction or intervention at the agency level cannot be imposed on more than one case at a time. A case cannot be sanctioned separately for individual violations arising from the same criminal episode or series of violations.

(g) If the officer determines that the sanction response options within the identified behavior response level are inappropriate, an override may be considered to move to a higher behavior response level within the grid. Examples of override reasons may include:

(A) The adult on supervision threatens or is violent;

(B) The adult on supervision evades or escapes, or attempts to evade or escape;

(D) The adult on supervision is already in custody; or

(E) Specific circumstances surrounding a violation that the PPO in consultation with and upon receiving approval from the supervisor, determines to support an override.

(h) If the officer determines that any behavior response level within the grid is insufficient to address the seriousness of the violation behavior, a higher sanction response, up to and including a revocation recommendation to the court, Board of Parole and Post-Prison Supervision, Department of Corrections, or local supervisory authority, may be imposed only after consultation and agreement of the unit supervisor or per approval process established by the agency or local supervisory authority.

(i) These procedures shall apply prospectively and also shall apply retroactively to violation proceedings commencing or continuing on or after May 1, 2025.

(4) Level of Authority for Probation Cases: Determine the level of authority that may impose the sanction (agency or court). Jail confinement imposed as an administrative sanction may not exceed 60 days per violation report. The total number of days of jail confinement for all violation reports per conviction may not exceed the maximum number of available jail sanction units as provided by rules of the Criminal Justice Commission. The officer shall follow agency policy for supervisory review when imposing jail confinement sanctions.

(a) If the appropriate sanction falls within the agency level of authority designation, the officer shall impose the sanction following agency procedures for consultation with supervisory personnel.

(b) If the appropriate sanction falls within the court level of authority designation, the officer may impose a sanction from the agency level designation or report the violation behavior to the court with a recommendation that the appropriate sanction from the court level of authority designation be imposed.

(c) If the adult on supervision has previously served all of the available sanction units applicable to their probationary sentence or order, the officer may order appropriate interventions or report the violation to the court for disposition.

(d) Credit for sanction units shall only be granted for time actually served. Good time credits, work time credits, or early release shall not count towards satisfaction of sanction units.

(5) Level of Authority for Parole and Post-Prison Supervision and Compact Cases: Determine the level of authority that may impose the sanction (that is, officer, hearings officer or other agency designee, Board of Parole and Post-Prison Supervision, local supervisory authority, or releasing authority for compact cases).

(a) An officer may order local sanctions including a local confinement sanction not exceeding 30 days.

(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding 60 days.

(c) The Board of Parole and Post-Prison Supervision, local supervisory authority, or releasing authority in the state of conviction for compact cases may order administrative sanctions not exceeding 90 days.

(d) Revocation Recommendations: If administrative sanctions are determined to be insufficient to manage the adult on supervision, the local supervisory authority or the Board of Parole and Post-Prison Supervision shall hold a hearing to determine whether revocation is appropriate and may impose an appropriate revocation term of incarceration in compliance with the Oregon Criminal Justice Commission rules and the Board of Parole and Post-Prison Supervision rules.

(e) Revocation Recommendations in Compact Cases: If the officer determines that structured sanctions are insufficient to manage the adult on supervision in a compact case, the officer shall prepare a compact violation report detailing the alleged violation and recommending the adult on supervision’s return to the sending state to address the violation behavior. Oregon authorities shall not impose a revocation term of incarceration or other action on an adult on supervision in a compact case.

(6) Level of Authority for Short-Term Transitional Leave Cases: Determine the level of authority that may impose the sanction (that is, officer, hearings officer or other agency designee, or releasing authority).

(a) An officer may order local sanctions including a local confinement sanction not exceeding 30 days.

(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding 60 days.

(c) The releasing authority may order sanctions up to and including revocation of leave and return to a Department of Corrections facility.

(d) Any local confinement sanctions shall be reported to the releasing authority in accordance with OAR 291-058-0066.

(7) Level of Authority for Nonprison Leave Cases: Determine the level of authority that may impose the sanction (that is, officer, hearings officer or other agency designee, or releasing authority).

(a) An officer may order local sanctions including a local confinement sanction not exceeding three days.

(b) A hearings officer or agency designee may order local sanctions including a local confinement sanction not exceeding three days.

(c) The releasing authority may order sanctions up to and including revocation of leave and return to a Department of Corrections facility.

(d) All sanctions shall be reported to the releasing authority in accordance with OAR 291-058-0067.

(8) Nothing in these rules shall limit the authority of the officer and agency to direct the adult on supervision into appropriate interventions outside of the administrative sanctioning process.

(9) Sanctioning of Adults on Supervision Held in Jail on Officer's Detainer for Violation of Probation Conditions:

(a) When an adult on supervision is arrested and detained in a county jail on authority of an officer's detainer for a violation of the conditions of probation, the officer shall complete the imposition of administrative sanctions within the first 36 hours of the adult on supervision’s detention, excluding Saturdays, Sundays, and holidays, unless later disposition is authorized by supervisory personnel. Agency supervisory personnel, in consultation with the jail supervisory personnel, may authorize an extension of the 36-hour period for up to five judicial days if the officer is unable to collect the necessary information or meet with the adult on supervision within the 36-hour period.

(b) If the imposition of administrative sanctions is not completed within the authorized period, the officer shall notify the jail supervisor and remove their detainer lodged with the county jail authority. Nothing in these rules shall prohibit an officer from issuing a new detainer for the adult on supervision’s arrest and detention for a violation of the conditions of probation upon receipt of the information necessary for the officer to assess the full nature and extent of the violation and impose appropriate administrative sanctions.

(c) If the adult on supervision does not consent to administrative sanctions imposed by the officer, the officer shall report the arrest or detention to the court that imposed the probation as soon as practicable but within one judicial day. The officer shall promptly submit to the court a report showing in what manner the adult on supervision has violated the conditions of probation.

(10) Sanctioning of Adults on Supervision Held in Jail on Officer’s Detainer for Violations of Parole, Post-prison Supervision, Short-term Transitional Leave, or Nonprison Leave Conditions: Within 15 days of the adult on supervision’s arrest, either an administrative sanction must be imposed or violation hearing proceedings initiated.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075
DOC 20-2025, amend filed 11/25/2025, effective 12/01/2025
DOC 15-2025, temporary amend filed 09/29/2025, effective 10/01/2025 through 03/29/2026
DOC 5-2025, minor correction filed 05/01/2025, effective 05/01/2025
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-2002, f. & cert. ef. 8-1-02
DOC 13-2001, f. & cert. ef. 7-11-01
DOC 6-2001, f. & cert. ef. 2-7-01
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98

Or. Admin. R. 291-058-0046 Imposition of Administrative Sanctions or Interventions on Adults on Supervision While on Short-Term Transitional Leave

(1) The process to impose administrative sanctions or interventions on adults on supervision while on short-term transitional leave shall be the same as for any adults on supervision with the restrictions listed in subsections (2) through (3) below.

(2) If an adult on supervision does not consent to the administrative sanctions or interventions imposed by the officer, the officer shall report the violation to the Assistant Director of Community Corrections or designee in accordance with OAR 291-063-0160 as soon as practicable but within five days.

(3) If the officer determines that any indicated behavior response level within the grid is insufficient to address the seriousness of the violation behavior, a higher sanction response, up to and including revocation of short-term transitional leave and returning the adult on supervision to a Department of Corrections facility, may be imposed only after consultation and agreement of the Assistant Director of Community Corrections or designee. For revocation of short-term transitional leave recommendations submitted under this section, officers shall use the process outlined in OAR 291-063-0160.

History

Statutory/Other Authority: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 2-2010, f. & cert. ef. 2-24-10
DOC 16-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10
DOC 8-2009, f. & cert. ef. 5-29-09

Or. Admin. R. 291-058-0047 Imposition of Administrative Sanctions or Interventions on Adults on Supervision While on Nonprison Leave

(1) The process to impose administrative sanctions or interventions on adults on supervision while on nonprison leave shall be the same as for any adults on supervision with the restrictions listed in subsections (2) through (6) below.

(2) Only violations in the “Low Behavior Severity Level” and “Medium Behavior Severity Level” columns of the Behavior Severity Level Chart on the Administrative Sanctions Sanctioning Grid (Attachment A) shall be addressed with an administrative sanction or intervention response.

(3) Violations found to be in the “High Behavior Severity Level” of Attachment A shall be addressed in accordance with OAR 291-062-0165.

(4) If an adult on supervision does not consent to the administrative sanctions or interventions imposed by the officer, the officer shall report the violation to the institution functional unit manager or designee in accordance with OAR 291-062-0165 as soon as practicable but within five days.

(5) If the officer determines that any indicated behavior response level within the grid is insufficient to address the seriousness of the violation behavior, a higher sanction response, up to and including revocation of nonprison leave and returning the adult on supervision to a Department of Corrections facility, may be imposed only after consultation and agreement of the institution functional unit manager or designee. For revocation of nonprison leave recommendations submitted under this section, officers shall use the process outlined in OAR 291-062-0165.

(6) Use of jail sanctions for adults on supervision while on nonprison leave from an alternative incarceration program must be agreed upon by both the Department of Corrections and the local county. A jail sanction cannot exceed three days.

History

Statutory/Other Authority: ORS 137.595, 179.040, 421.510, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.595, 179.040, 421.510, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017
DOC 7-2017, f. & cert. ef. 5-17-17

Or. Admin. R. 291-058-0050 Reporting of Sanctions for Probation Cases and Role of the Court and District Attorney

(1) Whenever administrative sanctions are imposed in a probation case, the sentencing court and the district attorney shall be notified utilizing a Department of Corrections violation and structured sanction reporting form. When a probation intervention or sanction involves modifying conditions of probation, the court must sign and return the request before the amended condition is in effect, unless specific authority has been granted to the agency by the sentencing court.

(2) Notification shall be sent via email or facsimile where available during the same working day in which a sanction is imposed. Where email or facsimile is not available, notification shall be mailed the same working day in which the sanction is imposed.

(3) Prior to the imposition of any administrative sanction or within four judicial days after receiving notice that an administrative sanction has been imposed on a probationer, the court upon motion of the district attorney or on its own motion may cause the adult on supervision to be brought before the court for a hearing and may revoke probation, impose other or additional sanctions, or modify the conditions of probation as authorized by law. In no case may the sentencing judge cause an adult on supervision to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed an administrative sanction imposed by the agency.

History

Statutory/Other Authority: ORS 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030, 423.075, 137.592 & 137.593
Statutes/Other Implemented: ORS 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030, 423.075, 137.592 & 137.593
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98
CD 8-1994, f. 3-18-94, cert. ef. 3-29-94
CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93

Or. Admin. R. 291-058-0060 Reporting of Sanctions for Parole and Post-Prison Supervision Cases and Role of the Supervisory Authority and Board of Parole and Post-Prison Supervision

(1) Whenever administrative sanctions are imposed in a parole or post-prison supervision case, the supervisory authority or the Board of Parole and Post-Prison Supervision shall be notified utilizing a Department of Corrections violation and structured sanction reporting form.

(2) When custody is imposed or conditions of supervision are modified, a completed violation and structured sanction reporting form and Notice of Rights form will be submitted to the local supervisory authority or the Board of Parole and Post-Prison Supervision.

(3) Notification shall be sent utilizing the automated structured sanction module within the Corrections Information System whenever possible or via email or facsimile where available during the same working day in which a sanction is imposed. Where email or facsimile is not available, notification shall be mailed the same working day in which the sanction is imposed.

History

Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98

Or. Admin. R. 291-058-0065 Reporting of Sanctions for Compact Cases and Role of the Oregon Interstate Compact Office

(1) In a compact case, whenever administrative sanctions are imposed, conditions of supervision are modified, or custody is imposed for a significant violation as defined by the department’s rules on Interstate Compact (OAR 291-180), the sending state may be notified utilizing a compact progress report form. A completed Department of Corrections violation and structured sanction reporting form and Notice of Rights form may be included with the compact progress report form.

(2) Notification shall be sent within 30 days of the violation to the Oregon Interstate Compact office utilizing the Interstate Compact Offender Tracking System.

History

Statutory/Other Authority: ORS 144.600, 144.615, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 144.615, 179.040, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 8-2009, f. & cert. ef. 5-29-09

Or. Admin. R. 291-058-0066 Reporting of Sanctions for Short-Term Transitional Leave Cases and Role of the Department of Corrections Community Corrections Division Office

(1) In a short-term transitional leave case, whenever jail sanctions are imposed, a completed Department of Corrections violation and structured sanction reporting form and Notice of Rights form will be submitted to the Assistant Director of Community Corrections or designee.

(2) Notification shall be sent via email during the same working day in which the sanction is imposed.

(3) The Assistant Director of Community Corrections or designee shall have the override authority of other releasing authorities and may override the given sanction at any time without time limitations.

History

Statutory/Other Authority: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 7-2017, f. & cert. ef. 5-17-17

Or. Admin. R. 291-058-0067 Reporting of Sanctions for Nonprison Leave Cases and Role of the Department of Corrections Community Corrections Division Office

(1) In a nonprison leave case, whenever administrative or jail sanctions are imposed, a completed Department of Corrections violation and structured sanction reporting form and Notice of Rights form shall be forwarded to the institution functional unit manager or designee at the releasing institution.

(2) Notification shall be sent electronically during the same working day in which the sanction is imposed.

(3) The institution functional unit manager or designee shall have the override authority of other releasing authorities and may override the given sanction at any time without time limitations.

History

Statutory/Other Authority: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 7-2017, f. & cert. ef. 5-17-17

Or. Admin. R. 291-058-0070 Misdemeanor Cases

Except as provided in 291-058-0030, agencies shall have the authority to develop their own structured sanctioning process for adults on supervision.

History

Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030 & 423.075
DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025
DOC 20-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025
DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019
DOC 7-2017, f. & cert. ef. 5-17-17
DOC 11-1998, f. & cert. ef. 5-19-98
CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98

Division 61 FOOD SERVICES PROGRAMS

Or. Admin. R. 291-061-0005 Authority and Purpose

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of this rule is to establish uniform standards of sanitation and safety in food programs within the Department of Corrections facilities.

(3) Policy: It is the policy of the Department of Corrections that food programs within each unit adhere to the highest standards possible in providing meal service to inmates and staff.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 18-1996, f. 11-20-96, cert. ef. 12-1-96
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0010 Definitions

(1) “Easily Cleanable”: Readily accessible and of such material, finish, and so fabricated that soil may be completely removed by normal cleaning methods. Unsealed concrete floors; broken, cracked, or rough finishes on surfaces; unfinished softwood surfaces; and open stud wall or ceiling construction are examples of uncleanable construction and materials.

(2) “Non-Perishable Food”: Food which is not readily perishable and includes beverages including but not limited to soft drinks and fruit juices served in sealed prepackaged containers; sterile pasteurized beverages served in original containers; and coffee or tea.

(3) “Readily Perishable Food or Potentially Hazardous Food”: Any food, beverage, or ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infections of food intoxications. However, “readily perishable food or potentially hazardous food” does not include products in hermetically sealed containers processed by sufficient heat to prevent spoilage; nor food or beverage having a uniform pH of 4.6 or lower; or food having a uniform water activity of 0.85 or lower.

(4) “Sanitary or Clean”: Unless the context requires otherwise, free from pollution, depredation, micro-organisms, flies, roaches, rodents, other vermin, dust, soil, filth, leakage, or other contamination.

(5) “Sanitize”: To submit to a microbicidal process rendering the article free from undesirable and pathogenic organisms.

(6) “Single Service”: Any utensil, container, implement, or wrapper manufactured for use only once in the preparation, storage, display, service or consumption of food or beverage.

(7) “Utensil”: Any kitchenware, tableware, glassware, cutlery, container, cleaning brush, or other equipment that comes into contact with food or product contact surfaces during cleaning of equipment or during storage, preparation, serving, dispensing, or consumption of food.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0041 Safety

(1) Each functional unit will establish and maintain a safe work environment for staff and inmates. A complete safety program should include instruction on the proper use of equipment, cleaning chemicals, fire suppression equipment, knives and their storage, and a floor care program.

(2) Facilities will comply with the Department of Corrections directive on Occupational Safety and Health as well as state and federal regulations.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 18-1996, f. 11-20-96, cert. ef. 12-1-96
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

Or. Admin. R. 291-061-0051 Cleanliness of Employees

(1) All staff/inmates shall wear clean outer garments and shall maintain personal cleanliness, grooming, and hygienic practices at all times while engaged in preparing or serving food and drink, or washing and storing utensils and equipment.

(2) No staff/inmate shall resume work after using the toilet room without first washing hands. Except when one handwashing lavatory is allowed under Food Sanitation Rule, OAR 333-150, section 5-203.11(A), after using the toilet facility, food employees shall wash their hands twice, first at a handwashing lavatory in the toilet facility and again at handwashing lavatory in the food preparation area. Hand washing must be thoroughly done before beginning work and must be repeated upon any change of tasks; handling of unwashed or raw foods; after cleaning jobs; or after coughing, sneezing, scratching or other activity that could contaminate the hands.

(3) Effective hair restraints shall be used by all staff/inmates to prevent hair from contacting or falling into food or onto food contact surfaces.

(4) Eating and drinking by staff/inmates shall be prohibited while they are preparing, serving, or handling food.

(5) All inmate workers assigned to the Food Services Section shall shower and change clothes daily.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 18-1996, f. 11-20-96, cert. ef. 12-1-96
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0150
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0061 Medical Clearances

(1) The Health Services Section will document that an inmate is free from communicable disease that may be transmitted through the handling of food and is physically capable of performing the required work in the Food Services Section prior to assignment.

(2) Staff supervisors in each area of the Food Services Section shall:

(a) Inform all inmates who apply for a position in food services that a current medical clearance is a requirement.

(b) Visually inspect all inmates assigned to work units for signs or symptoms which could be a health hazard. Those inmates who exhibit symptoms of colds or flu, have cuts, abrasions, or skin rash will not be permitted to work until they have been seen and released for work by Heath Services. Inmates with cuts or abrasions that have been released by Health Services can work as long as they have the wound bandaged and they wear a plastic glove.

(3) Staff supervisors will evaluate and follow up with Health Services any complaints of illness by inmates. Statements about the health of any inmate which could affect the health and well being of staff and inmates will be reported to Health Services and the shift supervisor. The shift supervisor will notify the food services manager if applicable.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2017, f. & cert. ef. 6-21-17
DOC 5-2017(Temp), f. & cert. ef. 3-30-17 thru 9-25-17
CD 18-1996, f. 11-20-96, cert. ef. 12-1-96
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

Or. Admin. R. 291-061-0071 Inspections

(1) Annual inspections will be requested of the Oregon Health Division, State Fire Marshal or Occupational Safety and Health Administration. These will be coordinated with the safety and sanitation officer.

(2) Weekly inspections shall be made of all food services areas and equipment.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 18-1996, f. 11-20-96, cert. ef. 12-1-96
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93

Or. Admin. R. 291-061-0095 Additives and Adulterants

Sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite, and potassium bisulfite or additives containing one or more of these compounds may not be added to any food or beverage nor kept or stored in any facility. Fresh vegetables, fresh salad items, and fresh fruits to which these chemicals have been added during preparation or handling before delivery to an establishment shall not be served in any facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0096 Wholesomeness of Food and Drink

(1) All food and drink shall be clean, wholesome, free from spoilage, pathogenic organisms, toxic chemicals, and other harmful substances or articles and so prepared, stored, handled, and displayed as to be safe for human consumption. Except as otherwise stated in section (3), all food and beverage products shall be obtained from commercial sources licensed and inspected by the State Health Division, State Department of Agriculture, U.S. Department of Agriculture or U.S. Food and Drug Administration and operating in compliance with requirements of the agency having jurisdiction. Meat product shall be obtained only from plants licensed and inspected under commercial standards by the U.S. Department of Agriculture or the Oregon Department of Agriculture. Except as provided in sections (2) and (3) below, food products obtained from noncommercial sources or other sources not licensed or regularly inspected by the State Department of Agriculture or the State Health Division shall not be received, stored, prepared, or used in institutional food service.

(2) Fresh fruit and vegetables may be purchased directly from growers who are recognized, commercial growers, and such products must meet at least the same standards and tests required if sold to a commercial vendor.

(3) Institution-grown fruit and vegetables may be accepted for use in Department of Corrections facilities provided:

(a) The Food Service Manager finds them to be safe and wholesome;

(b) The growing, harvesting and handling is under the direction, supervision and management of the facility; and

(c) All fertilizers, pesticides, soil additives, treatment substances or other chemicals are applied in accordance with the product label, and residues of such products do not exceed standards of the U. S. Department of Agriculture, Federal Drug Administration and Oregon Department of Agriculture.

(4) All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources licensed and regularly inspected by the State Department of Agriculture or commercial out-of-state sources subject to the control of U.S. Food and Drug Administration. Milk products shall be pasteurized in facilities inspected and regulated by the State Department of Agriculture or by the FDA requirements for interstate commerce.

(5) Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a refrigerated bulk container, except where group feeding is practiced and in which a large number of servings of milk are poured at one time and served immediately. In this case, commercial containers larger than 1/2 pint may be used if they are opened immediately before pouring and any unused portions left in the large containers are returned immediately to refrigeration and are used only for cooking. Cream, however, may be dispensed from the original refrigerated container or dispensed from small covered pitchers which are refrigerated or held in ice.

(6) Dehydrated milk and milk products may be used under the following circumstances:

(a) Such products shall be obtained from sources licensed by the Department of Agriculture;

(b) All dehydrated milk products and ingredients shall be made only from pasteurized milk;

(d) All reconstituted milk products or rehydrated products containing dried milk products, whether they are instant mixes or cooked after reconstitution, must be rapidly cooled to at least 41 degrees Fahrenheit.

(e) Reconstituted milk must be held at 41 degrees Fahrenheit or colder or at 140 degrees Fahrenheit or warmer at all times until served.

(f) Under no circumstances may any uncooked food or beverage such as "instant" beverages, puddings or fillings or any non-acidified product containing rehydrated milk products which has been held for longer than four hours be served.

(7) All oysters, clams, and mussels shall be from sources licensed and inspected by the State Health Division, State Department of Agriculture, U.S. Food and Drug Administration or U.S. Department of Agriculture. If shucked, they shall be kept until used in the containers in which they were placed at the shucking plant. Shellfish sanitation certificate numbers and dates shall not be defaced, obscured, or removed from the container.

(8) Food additives in form or quantity prohibited by OAR 333-151-0010 shall not be added to, mixed with, or packed in any food served.

(9) Home-canned foods or other foods produced, prepared, or packed in noncompliance with Oregon State Department of Agriculture or applicable federal regulations shall not be used or stored on the premises. Nonhazardous on-site processing of food may be evaluated and authorized in writing by the Health Division.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0090
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0100 Serving of Food and Drink

(1) The premises of all food service and preparation facilities shall be kept clean and free of litter or rubbish and all unused or inoperable equipment and utensils.

(2) All food and drink shall be so stored, displayed, and served as to be protected from grease, dust, dirt, insects, vermin, depredation and pollution by rodents, unnecessary handling, overhead leakage, or any other contamination. Sneeze shields shall be used to effectively protect foods in self-service type operations. Sneeze shields shall be designed and installed to intercept at least the zone between all food items on display and elevation 60 to 54 inches above the edge of the tray rail. All storage shall be at least 12 inches off the floor to permit cleaning of the floor, except where storage is on a wheeled platform permitting ease of movement.

(3) All readily perishable food, except when being prepared and until served, shall be kept at 41 degrees Fahrenheit or below, or 140 degrees Fahrenheit or above.

(4) No animals or fowl shall be kept or allowed in any room in which food or drink is prepared, stored, or served except for guide dogs for the blind and for the deaf which are required to be admitted pursuant to ORS 346.610 through 346.991.

(5) All means necessary for the elimination of flies, roaches, vermin, and rodents shall be used. All poisonous compounds used shall be plainly labeled and shall be so colored to be easily identified. Poisonous compounds and medications shall be stored and used in a manner precluding food contamination. Automatic insecticide dispensers, vaporizers, or fumigants shall not be stored or used in food preparation, storage, and serving areas.

(6) Persons not employed or supervised by the establishment shall be excluded from food preparation and storage areas. Only persons whose services are required for operation of the facility shall be allowed in food preparation, storage, and service areas.

(7) Food may be served family-style only where such serving is a part of a formal education or therapy program designed specifically for developing physical or social skills in enrolled participants. All other construction, operation, and equipment provisions of these rules must be met in family-style operations.

(8) None of the operations connected with food service or preparation shall be conducted in any room used as living or sleeping quarters. Beds or cots shall not be permitted in any food service facility rooms. Toilet facilities serving living quarters shall not be deemed to meet the requirements of these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0105 Food Preparation

Food shall be prepared with the least possible manual contact, using suitable utensils, and on surfaces that prior to use have been cleaned, rinsed, and sanitized to prevent cross-contamination.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0110 Raw Fruits and Raw Vegetables

Raw fruits and raw vegetables shall be thoroughly washed with potable water before being cooked or served.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0115 Cooking Potentially Hazardous Foods

Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least 140 degrees Fahrenheit, except that:

(1) Poultry, poultry stuffings, stuffed meats, and stuffings containing meat shall be cooked to heat all parts of the food to at least 165 degrees Fahrenheit with no interruption of the cooking process.

(2) Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 degrees Fahrenheit. Microwaved pork must be cooked to at least 170 degrees Fahrenheit internally measured temperature.

(3) Microwaved beef must reach an internal measured temperature of 145 degrees Fahrenheit. Conventionally cooked beef must reach an internal temperature of at least 140 degrees Fahrenheit before it is served.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0120 Liquid, Frozen, Dry Eggs and Egg Products

Liquid, frozen and dried egg products shall be used only for cooking and baking purposes. Whole shell eggs, reconstituted dry egg products, raw and cooked egg products, and all foods containing egg products shall be refrigerated at 41 degrees Fahrenheit or less or held at or above 140 degrees Fahrenheit at all times. Dried egg products may be stored at room temperature until mixed with other foods and/or rehydrated.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0125 Reheating

(1) Potentially hazardous foods that have been cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165 degrees for 15 seconds.

(2) Specified under this section, potentially hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165 degrees and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.

(3) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 140 degree for hot holding.

(4) Reheating for hot holding shall be done rapidly. The time the food is between the temperatures specified under all the above may not exceed two hours. Steam tables, bainmaries, warmers, and similar hot food holding equipment shall not be used for the rapid reheating of potentially hazardous foods.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0126 Ready to Eat, Potentially Hazardous Food, and Date Marking

Refrigerated, ready-to-eat, potentially hazardous food prepared that is held refrigerated for more than 24 hours in a food establishment shall be clearly marked at the time of preparation to indicate the date by which the food shall be consumed, which includes the day of preparation. The date marked shall be:

(1) Seven calendar days or less from the day the food is prepared, if the food is maintained at 41 degrees or less as specified.

(2) Four calendar days or less from the day of food is prepared, if the food is maintained at 45 degrees or less as specified.

(3) The day the food is thawed, to indicate that the food shall be consumed within 24 hour.

(4) The date the food is placed into the freezer, to indicate the length of time before freezing that the food is held refrigerated and which includes the day of preparation.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04

Or. Admin. R. 291-061-0130 Nondairy Products

Nondairy creaming, whitening, or whipping agents may be reconstituted on the premises only when they will be placed in shallow, sanitized, covered containers and cooled rapidly to 40 degrees Fahrenheit or below immediately after preparation. After cooling, such products may be stored in larger containers. In no case shall the quantity prepared exceed the amount to be used the same day.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0135 Product Thermometers

Metal stem-type, numerically-scaled indicating thermometers, accurate to plus or minus two degrees Fahrenheit, shall be provided and used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0140 Thawing Potentially Hazardous Foods

Potentially hazardous foods shall be thawed:

(1) In refrigerated units at a temperature not to exceed 40 degrees Fahrenheit;

(2) Unwrapped and under potable running water of a temperature of 70 degrees Fahrenheit or below with sufficient water velocity to agitate and float off loose food particles and thawed liquids into the overflow; or

(3) In a microwave oven, but only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the complete cooking process occurs uninterrupted in the microwave oven; or

(4) As part of a conventional cooking process.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0145 Food Transportation

During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged to be protected from contamination. Foods in original individual packages do not need to be over wrapped or covered if the original package has not been torn or broken. During transportation, including transportation to another location for service, food shall meet the requirements of these rules relating to food protection and food storage. Readily perishable foods shall be kept below 40 degrees Fahrenheit or above 140 degrees Fahrenheit during transport and until served.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0170 Construction of Utensils and Equipment

(1) All multi-use utensils and display cases or windows, counters, shelves, tables, refrigeration equipment, sinks, drainboards, dish tables, cutting boards, and other equipment or utensils shall be easily cleanable and shall be kept in good repair. All equipment shall be installed in a manner providing ease of cleaning beneath and behind such unit.

(2) Food contact utensils containing or plated with cadmium or lead shall not be used provided, however, that silver solder or solder containing less than five percent lead may be used for jointing.

(3) Containers with seams which are not sealed flush with the surface shall not be reused. Single service containers or utensils shall not be reused unless such utensil is durable, easily cleanable, and in good repair.

(4) Chipped, cracked, or crazed graniteware or enamelware shall not be used.

(5) If wooden surfaces or utensils are used, they shall be equal in hardness to rock maple, in good repair, and kept clean.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0055
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0180 Cleaning and Sanitizing Utensils and Equipment

(1) Cleaning frequency:

(a) Tableware shall be washed, rinsed, and sanitized after each use;

(b) Kitchenware (pots, pans, and equipment) and food contact surfaces or equipment shall be washed, rinsed, and sanitized after each use;

(c) All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free of encrusted grease deposits and dust, dirt, insects, food particles, and other contaminating materials;

(d) Any food contact surface of grills, griddles, and other similar cooking devices shall be cleaned after each use period, and shall be kept free of encrusted grease deposits and dust, dirt, insects, food particles, and other contaminating materials.

(2) Wiping Cloths. Moist cloths or sponges used for cleaning nonfood contact surfaces of equipment counters, dining table tops, and shelves shall be kept clean and used for no other purpose. These cloths and sponges shall be stored in a sanitizing solution as specified in “Manual Cleaning of Utensils and Equipment” (OAR 291-061-0190) between uses.

(3) A food service or food preparation area in which multi-use utensils are never used and which serves only prewrapped items and/or uses only single service utensils, and/or uses only machines or equipment which may be cleaned in place shall not be required to provide a compartmentalized sink or a machine dishwasher.

(4) No substance, article, or chemical compound containing a highly toxic material or imparting a toxic or harmful nature to a utensil shall be used for polishing or cleaning of equipment or utensils.

(5) All soaps, detergents, sanitizers, and other additives used for dishes, utensils, and food contact surfaces must have been manufactured for use on food contact surfaces and labeled as such. Sanitizers must be registered with the U.S. Environmental Protection Agency and used strictly in accordance with the registered label.

(6) All cleaning materials and equipment shall be stored in an adequate storage area. Such storage shall not be permitted with or near food products.

(7) Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0060
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0190 Manual Cleaning of Utensils and Equipment

(1) Manual washing and sanitizing may be practiced for small batches of utensils and for equipment that cannot be conveniently or effectively cleaned by mechanical warewashing machines. A three-compartment sink with each compartment of sufficient size to allow immersion of the largest multi-use utensil is required. A two-compartment sink of a size allowing immersion of each utensil is allowed only if hot water is used to sanitize.

(2) Each sink compartment shall be supplied with hot and cold potable running water.

(3) Each dishwashing facility shall be equipped with drainboards or sorting tables, one for soiled utensils and a separate one for clean utensils. They shall be of adequate size to handle peak washing loads in a sanitary manner.

(4) Wooden racks, toweling, absorbent materials, or other materials which are not easily cleanable will not be used on drainboards and dish tables.

(5) Fixed equipment or equipment too large to be cleaned in a sink compartment shall be cleaned and sanitized in place. Cleaning shall be by manual washing or by pressure spray.

(6) Washing, rinsing, and sanitizing shall be in the following sequence when done manually:

(a) Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution of at least 120 degrees Fahrenheit;

(b) Equipment and utensils shall be rinsed free of detergents and abrasive with clean hot water in the second compartment;

(c) Equipment and utensils shall be sanitized in accordance with section (7) of this rule. The sanitizers of choice are hot water, chlorine, iodine, or quaternary ammonium compounds formulated and labeled for use on food contact surfaces.

(7) Food contact surfaces of all equipment and utensils shall be sanitized by:

(a) Immersion for at least 1/2 minute in clean, hot water at a temperature of at least 170 degrees Fahrenheit; or

(b) Immersion for at least one minute in a clean solution containing 50 to 100 parts per million of available chlorine as hypochlorite and at a temperature of at least 75 degrees Fahrenheit; or

(c) Immersion for at least one minute in a clean solution containing 12.5 to 25 parts per million of available iodine and having a pH not higher than 5.0 at a temperature of at least 75 degrees Fahrenheit; or

(d) Immersion for at least one minute in a clean solution of quaternary ammonium at a solution strength of 200 parts per million;

(e) Other methods of washing and sanitizing utensils and other sanitizing compounds may be accepted by the Health Division Administrator upon application from the institution or state agency operating the institution. The application must provide proof that the method is consistently effective and safe; that any chemicals used are manufactured for use on food contact surfaces and are registered as such with the U.S. Environmental Protection Agency; and that the label instructions comply with minimum requirements of this rule;

(f) Rinsing or spraying with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under subsection (7)(b) or (c) of this rule in sanitizing of fixed equipment or equipment too large to be sanitized in a sink compartment. Because of its potential toxicity, quaternary ammonium may not be used in excess of 200 parts per million and is, therefore, unsuitable as a spray or rinse for fixed equipment.

(8) When hot water is the method of sanitizing, the following shall be used:

(a) A heating device installed on or under the sanitizing compartment of the sink in a manner which would prevent any direct contact by the operator. The heating device must be able to maintain the water at a temperature of at least 170 degrees Fahrenheit;

(b) A thermometer, accurate to plus or minus three degrees Fahrenheit, shall be kept close to the sink for frequent checks of water temperature; and

(c) Dish baskets shall be large enough to permit complete covering of the tableware, kitchenware, and equipment by the hot water.

(9) Every establishment in which chemical sanitizers are used shall provide a testing kit or device that will accurately measure the concentration in parts per million for each sanitizer used. Dishwashing personnel shall test frequently the level of the sanitizer in solution.

(10) Notwithstanding sections (1) through (8) of this rule, any institutional kitchen having no multi-use utensil or no equipment which comes into contact with readily perishable foods or beverages shall not be required to provide three sink compartments so long as all other requirements of sections (1) through (9) of this rule are followed including the washing, rinsing and sanitizing sequence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0065
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0200 Mechanical Cleaning and Sanitizing of Utensils and Equipment

(1) All mechanical dishwashing devices must be commercially rated and MSF approved meeting subsections (1) through (3) of this rule.

(a) Machines and devices shall be properly installed and maintained in good repair and shall be operated in accordance with manufacturer's instructions. For all nonconveyor machines, the cycle control switch shall automatically reset to the off position if a cycle is interrupted. Utensils and equipment placed in the machine shall be exposed to all cleaning and sanitizing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained.

(b) The pressure of final sanitizing rinse water supplied to spray-type dishwashing machines shall not be less than 15 nor more than 25 pounds per square inch measured in the water line immediately adjacent to the final rinse control valve. A 1/4 inch IPS (Iron Pipe Size) valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water.

(c) Machine or waterline-mounted, numerically-scaled indicating thermometers, accurate to plus or minus three degrees Fahrenheit, shall be provided to indicate the temperature of the final rinse water as it enters the manifold. The temperature of the final rinse will be checked and logged during every meal.

(d) In multi-tank machines, rinse water tanks shall be protected by baffles, curtains, or other effective means to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately timed to assure proper specifications are attached to the machines.

(e) Drain boards shall be provided and be of adequate size for the proper handling of soiled utensils prior to washing and cleaning of utensils following sanitization. This does not preclude the use of easily movable dish tables for the storage of cleaned utensils following sanitization. Wooden racks, toweling, absorbent materials or other materials which are not easily cleanable will not be used on drainboards and dish tables.

(f) Equipment and utensils shall be flushed or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a dishwashing machine operation unless a prewash cycle is a part of the dishwashing machine. Equipment and utensils shall be placed in racks, trays, baskets, or on conveyors in a way that food contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse waters and in a way that permits free draining.

(g) Domestic or home-style dishwashers shall not be used unless modified by the manufacturer or factory representative to meet specifications of water pressure, water temperature, and cycling control in subsections (1) through (3) of this rule.

(2) Machines using chemicals for sanitization may be used, provided the following requirements are satisfied in addition to subsection (1) of this rule:

(a) The temperature of the wash water shall not be less than 120 degrees Fahrenheit;

(b) The wash water shall be kept clean;

(d) Utensils and equipment shall be exposed to the final chemical sanitizing rinse in accordance with manufacturer's specifications for the time and concentration. In no case shall the chemical concentration be less than 50 parts per million chlorine or 12.5 parts per million iodine;

(e) The chemical sanitizing rinse water temperature shall not be less than the manufacturer's recommended temperature and in no case less than 75 degrees Fahrenheit; and

(f) A test kit or other device that accurately measures the parts per million concentration of the sanitizing solution shall be provided by the institution and shall be used regularly to assure proper concentrations.

(3) Machines using hot water for sanitizing may be used provided the following requirements are satisfied in addition to subsection (1) of this rule:

(a) The wash water and pumped rinse water shall be kept clean.

(b) The water shall be maintained at a minimum of 120 to 140 degrees Fahrenheit for the wash cycle.

(d) The pressure during the rinse cycle shall be 15 to 25 pounds per square inch.

(4) Drying: After sanitizing, all equipment and utensils shall be air dried. Utensils may not be rinsed after the sanitizing cycle, and towel drying may not be practiced.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2004, f. & cert. ef. 9-28-04
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0070
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0210 Storage and Handling of Utensils and Equipment

(1) After sanitizing, utensils shall be stored in a clean, dry place protected from grease, dust, dirt, insects, food particles, and other contamination and shall be handled in such a way to prevent contamination.

(2) Paper cups, plates, forks, spoons, straws, and other single service containers and utensils shall be purchased in sanitary cartons and stored therein in a clean dry place until used. These articles shall be handled in a sanitary manner. Individually-wrapped straws shall be required unless a sanitary dispenser is used.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0075
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0220 Floors

(1) The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed or stored shall be smooth, easily cleanable, and shall be kept clean and in good repair.

(2) Dustless methods of floor cleaning shall be used during hours of preparing or serving food.

(3) Rugs, mats and runners may not be used on floors of food preparation, storage and service areas, or dishwashing rooms unless such articles are smooth and impervious to moisture and are removed and thoroughly cleaned and dried each day.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0015
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0230 Walls and Ceilings

Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared or stored shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed or stored and all toilet rooms shall have a smooth, washable, easily cleanable surface up to the level reached by splash or spray.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0020
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0240 Doors and Windows — Vermin, Rodent and Insect Control

Flies shall not be present in food preparation storage, dining or serving areas. All openings into the outer air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies, rodents, or other pests.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0025
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0250 Lighting

(1) All rooms in which food or drink is prepared or in which utensils are washed shall be uniformly lighted with a minimum of 30 foot candles on all work surfaces and ten foot candles at floor level. Store rooms shall be uniformly lighted with a minimum of four foot candles at floor level.

(2) Lighting equipment shall be kept clean.

(3) Dining rooms shall be provided with lighting fixtures capable of providing a minimum of ten foot candles of light at floor level and shall be used during cleaning operations.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0030
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0260 Ventilation

(1) All rooms in which food is stored, prepared, or served or in which utensils are washed shall be adequately ventilated to eliminate odors, condensation of water vapor, and the settling of grease residues.

(2) Hoods shall be equipped with filters or other easily cleanable filtering devices.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0035
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0270 Toilet Facilities

(1) Every establishment shall be provided with toilet facilities for its food preparation or service workers. The toilet rooms shall be in or immediately adjacent to the food service or preparation area and shall provide fixtures for employees or workers in the following numbers:

(a) 1–9, minimum toilets 1, minimum lavatories 1;

(b) 10–24, minimum toilets 2*, minimum lavatories 1;

(d) 50–74, minimum toilets 4*, minimum lavatories 2;

(e) 75–100, minimum toilets 5*, minimum lavatories 3;

(f) For each 30 addition or fraction thereof of employees or workers add 1* toilet and 1 lavatory.

*Up to 2/3 of toilets may be urinals.

NOTE: In facilities constructed prior to July 1, 1986, toilet facilities located within 500 feet of the work area may be counted in this determination if such facilities are available without assistance to workers during all work periods.

(2) Where there are ten or more employees during any work shift, there must be separate restrooms provided and designated for each sex unless all employees on duty at any given time are of the same sex.

(3) Every toilet room must have at least one lavatory provided with hot and cold or tempered (80–110 degrees F.) water, soap and sanitary towels or hot air blowers.

(4) The doors of all toilet rooms shall be self-closing except where security measures require constant surveillance of residents or inmates.

(5) Toilet rooms shall be kept clean, in good repair, well lighted, free from odors, and well ventilated. Signs requiring handwashing by employees shall be posted in all toilet rooms and by all handwashing sinks used by employees or food workers.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0040
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0280 Water Supply

Running water under at least 20 p.s.i. pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. The water supply shall be continuous in quantity and from an approved community or public water supply system which is constructed, protected, operated, and maintained in conformance with ORS Chapter 448, and OAR 333 (Health Division), 333-061-0005 to 333-061-0095 and shall be in accordance with the standards of quality set forth in those rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0045
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0290 Lavatory Facilities

(1) Adequate, convenient, clean handwashing facilities for all personnel shall be provided, including hot and cold or tempered (80-120 degrees F.) running water, soap and sanitary towels in each food preparation and food service area.

(2) Sanitary towel dispensers or hot air blowers shall be provided at all times. The use of common towels is prohibited.

(3) Utensil washing and food preparation sinks shall not be used for handwashing, except that prerinse sinks in the dishwashing area may be used to wash hands and shall be equipped with soap and sanitary towels and posted with a handwashing sign.

(4) No employee shall resume work after using the toilet room without first washing hands.

(5) Handwashing must be thoroughly done before beginning work and must be repeated upon any change of tasks; handling of unwashed or raw foods; after cleaning jobs; or after coughing, sneezing, scratching or other activity that could contaminate the hands.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0050
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0300 Plumbing and Disposal of Wastes

(1) All liquid wastes resulting from food preparation, cleaning and rinsing utensils, floors, flush toilets, lavatories, and air conditioners shall be disposed by public sewer systems or by individual disposal system in compliance with ORS Chapter 454 and requirements of the State Department of Environmental Quality.

(2) All plumbing must comply with the State Plumbing Specialty Code. It shall be so designed, installed, and maintained as to prevent contamination of:

(a) The water supply through interconnections and backsiphonage from fixtures, including dishwashing and sinks;

(b) The establishment’s environment, equipment, and food due to sewer leakage and blockage.

(3) Steam tables, steam kettles, automatic peelers, waste grinders, aspirators, dishwashing machines, chemical injectors, hose bibs, or other devices connected to the water supply system shall be equipped with backflow prevention devices approved by the State Health Division and capable of preventing backflow to the fixture. Backflow devices shall be functional and in good repair at all times. Atmospheric vacuum breakers will be installed at least six inches above the free draining outlet or overflow rim of the fixture. Vacuum breakers serving hose bibs will be located on an elevated tower at least six inches above the highest point at which the hose will be used. Hoses or other equipment having shutoff valves will be protected by airgaps, airbreaks, pressure-type vacuum breakers, reduced pressure devices or equivalent protection.

(4) Drainlines serving steam tables, ice bins, food preparation sinks, dishwashers, and any other equipment containing food, food utensils, or food contact surfaces shall be indirectly drained via airbreaks or airgaps as necessary to ensure that waste may not be drawn or forced back into the equipment.

(5) All garbage and trash shall be kept in watertight, nonabsorbent, and easily washable receptacles. All receptacles for storage or garbage outside of room protected from fly and rodent entry shall be covered with close-filling lids pending removal. Removal shall be frequent and the holding area shall be kept clean.

(6) All garbage receptacles shall be washed when emptied, and steamed or treated with a disinfectant, if necessary, to prevent a nuisance.

(7) Equipment sufficient to prevent littering of premises with rubbish, garbage, or other refuse and wastes shall be provided and maintained. All rubbish and garbage storage containers shall be located in hard surfaced area in order to facilitate removal of spillage.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0080
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Or. Admin. R. 291-061-0310 Refrigeration

(1) All readily perishable food shall be kept at or below 45 degrees Fahrenheit except when being prepared or served. Readily perishable foods shall be placed in shallow containers under refrigeration until cooled below 45 degrees Fahrenheit. When cooled below 45 degrees Fahrenheit, they may be stored in deep containers. Food stored, handled, or otherwise cared for in non-compliance with these regulations shall not be served. Except for rapid cooling processes, all refrigerated foods shall be covered and identified by name and date.

(2) Frozen foods shall be maintained in a frozen state and thawed immediately prior to preparation in a manner that minimizes microbial growth.

(3) Waste water from refrigeration equipment shall be disposed of in a manner that does not create a nuisance.

(4) A dependable spirit stem thermometer shall be affixed to the door or the front edge of the top shelf of each refrigerator. Refrigerators equipped with a gauge visible from the exterior shall be acceptable. Temperatures of all refrigerator units and freezers will be checked and logged twice daily.

(5) All ice used shall be made on site from potable water or obtained from sources licensed and inspected by the State Department of Agriculture. Ice shall be stored and handled in such a way as to prevent contamination Water used to make ice or to wash ice shall comply with the standards required under Water Supply (OAR 291-061-0280).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 2-1993, f. 1-25-93, cert. ef. 2-1-93, Renumbered from 291-061-0085
CD 6-1987, f. & ef. 1-20-87
CD 54-1986(Temp), f. 11-20-86, ef. 12-31-86

Division 62 ALTERNATIVE INCARCERATION PROGRAMS

Or. Admin. R. 291-062-0100 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.500 to 421.512, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish special alternative incarceration programs and establish department policy and procedures for the program’s operation and management in accordance with ORS 421.500 to 421.512.

(3) Policy: Within the inherent limitations of resources, and the need to maintain facility security, internal order, and discipline, and the health and safety of staff, adults in custody, and the public, it is the policy of the Department of Corrections to discharge its statutory responsibilities to establish alternative incarceration programs by creating and operating programs that promote rehabilitation during incarceration and reduce the risk of continuing criminal conduct when the adult in custody is returned to the community.

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 - 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0110 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC’s legal custody but are temporarily outside of DOC’s physical custody for reasons that include, but are not limited to, court proceeding, medical appointments, work assignments, programs, or interstate compact. AIC also includes individuals who have been released onto STTL, Non-prison leave, or emergency leave.

(2) Alternative Incarceration Program (AIP): A highly structured corrections program that includes intensive interventions, rigorous personal responsibility and accountability, and service to the community.

(3) Custody Cycle: The time period during which an offender begins incarceration with the Department of Corrections and is under the supervision of community corrections until discharge from all Department of Corrections and community corrections incarceration and supervision.

(4) Other Charges: Any criminal or civil accusatory instrument that alleges wrongdoing and for which a person may be imprisoned or incarcerated.

(5) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an AIP. Nonprison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.750, 137.751, 421.508, and 421.510, and the department’s rules on Alternative Incarceration Programs (OAR 291-062).

(6) Revocation Hearing: A hearing to determine whether there is probable cause to believe the adult in custody has violated one or more conditions of nonprison leave, whether there are reasons or circumstances that warrant the adult in custody be returned to the Department of Corrections, or both.

(7) Term of Incarceration: The period of commitment to the legal and physical custody of the department imposed by a sentencing court in a judgment. For purposes of these administrative rules, “term of incarceration” includes pre-sentence incarceration credit granted to an AIC by the department under ORS 137.370, as well as any time an AIC spends on short-term transitional leave under ORS 421.168 or nonprison leave under ORS 421.510.

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 4-2012, f. & cert. ef. 3-1-12
DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0120 General

(1) The Department of Corrections has established and operates alternative incarceration programs.

(a) Alternative incarceration programs may encompass intensive cognitive programming, intensive addictions treatment, or a combination of the two.

(b) Each alternative incarceration program is a minimum of 270 days in duration and includes two components: a structured institution program and a period of structured nonprison leave.

(c) Each alternative incarceration program requires its participants to engage in a minimum of 14 hours per day of highly structured routine, seven days per week for the duration of the program.

(2) AICs are required to participate in and successfully complete transition classes offered as a condition of program graduation. The number and frequency of these classes will be determined by each facility.

(3) The department in its discretion may grant nonprison leave to AICs who successfully complete the institution phase of an alternative incarceration program if:

(a) The AIC’s sentencing judgment authorizes a release to post-prison supervision in accordance with ORS 421.508, 137.750, and 137.751; and

(b) The AIC has identified viable self-support options in the community: or

(c) The supervising community corrections agency has approved a temporary subsidy, such as treatment transition funds, that will assist the AIC with successful community transition.

(d) All expenses not otherwise approved by the supervising community corrections agency must be covered by the AIC.

(4) For those whose crimes were committed prior to January 1, 2009, transitional leave for alternative incarceration programs was authorized under ORS 421.128. For the purposes of these rules, the operational aspects, processes, and any subsequent violation sanctions are the same as and subject to rules referencing nonprison leave.

History

Statutory/Other Authority: 423.030, and 423.075, 423.020, ORS 179.040 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & and 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0130 Adult in Custody Eligibility

(1) The department will identify AICs who are eligible to participate in alternative incarceration programs. To be eligible to participate in the program, an AIC must:

(a) Be sentenced to the legal and physical custody of the department and be subject to a term of post-prison supervision upon satisfaction of a term of physical confinement in a Department of Corrections facility;

(b) Be at least 18 years of age at the time of entry into the program, or may be under 18 years of age and have been convicted of a crime upon remand from juvenile court; and

(c) Be assigned Level 1 or Level 2 in accordance with the department’s rules on Classification (AIC) (OAR 291-104) and have no more than 36 months to serve at the time of program entry.

(2) An AIC is not eligible to participate in alternative incarceration programs during service of a sentence for conviction of a crime described in:

(a) ORS 163.095 (Aggravated Murder),

(b) ORS 163.115 (Murder),

(d) ORS 163.235 (Kidnapping I),

(e) ORS 163.355 (Rape III),

(f) ORS 163.365 (Rape II),

(g) ORS 163.375 (Rape I),

(h) ORS 163.385 (Sodomy III),

(i) ORS 163.395 (Sodomy II),

(j) ORS 163.405 (Sodomy I),

(k) ORS 163.408 (Unlawful Sexual Penetration II),

(l) ORS 163.411 (Unlawful Sexual Penetration I),

(m) ORS 163.415 (Sexual Abuse III),

(n) ORS 163.425 (Sexual Abuse II),

(o) ORS 163.427 (Sexual Abuse I),

(p) ORS 163.435 (Contributing to the Delinquency of a Minor),

(q) ORS 163.525 (Incest),

(r) ORS 164.325 (Arson I), or

(s) ORS 164.415 (Robbery I).

(3) An AIC who is serving a sentence, including a sentence imposed under ORS 137.712, for a crime listed in ORS 137.700, 137.707, 163.095, or 163A.005(5) committed on or after January 1, 2009, is not eligible to participate in alternative incarceration programs.

(4) An AIC is not eligible to participate in alternative incarceration programs if the AIC is serving a sentence under the provisions of ORS 137.635.

(5) An AIC is not eligible to participate in alternative incarceration programs if the AIC is serving a sentence under ORS 161.610 until the AIC completes the minimum incarceration term imposed by the court less earned time under ORS 421.121.

(6) An AIC is not eligible to participate in alternative incarceration programs if the AIC:

(a) Has an adult conviction for felony escape that was committed within three years prior to the time of program entry, or has a conviction for unauthorized departure from the legal and physical custody of the Department of Corrections or its authorized agents that was committed within three years prior to the time of program entry.

(b) Is serving non-sentencing guidelines prison terms (sentences with crime dates prior to November 1, 1989), or has unresolved criminal prosecutions, consecutive county jail terms, or any other circumstances that would conflict with the AIC’s release from prison upon satisfactory completion of an alternative incarceration program.

(A) AICs who are serving a sentence for a crime committed prior to January 1, 2009, and who have detainers lodged with the department after they have been selected and assigned to one of the programs, and the detainer is discovered after the AIC has completed approximately one-half of the program, may be permitted to continue their participation in the program at the discretion of the functional unit manager or designee based on program performance to date.

(B) AICs who are serving a sentence for a crime committed on or after January 1, 2009, and who have a current detainer from any jurisdiction that will not expire prior to the AIC’s calculated date of release to post-prison supervision are not eligible for and shall not be permitted to continue participation in an alternative incarceration program.

(d) Is currently assigned to special security housing for reasons of protective custody, and the AIC’s assignment to the program is otherwise determined by department officials to pose a threat to the safe, secure, and orderly operation and management of the program, including the safety of department staff or any AICs.

(e) Has less than ten months to serve from the first day of program entry. AICs that have between nine and ten months to serve may participate in alternative incarceration programs with the functional unit manager’s or designee’s approval.

(f) Is serving a parole or post-prison supervision violation sanction pursuant to ORS 144.108(3)(b).

(7) For sentences imposed for crimes committed prior to January 1, 2009, an AIC is not eligible to participate in alternative incarceration programs if the AIC is serving a sentence under the provision of ORS 137.700 or ORS 137.707 until completion of the mandatory minimum incarceration term. For sentences imposed for crimes committed on or after December 5, 1996, the AIC is eligible after completion of the mandatory minimum incarceration term only upon order of the sentencing court as ordered in a judgment pursuant to ORS 137.750.

(8) For sentences imposed for crimes committed prior to January 1, 2009, an AIC is eligible to participate in alternative incarceration programs if the AIC, on or after April 1, 1995, commits and is convicted of:

(a) Assault II as defined in ORS 163.175(1)(b) (Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon);

(b) Kidnapping II (ORS 163.225); or

(c) Robbery II (ORS 164.405) unless the sentencing court notwithstanding ORS 137.700 and 137.707 has imposed a lesser sentence pursuant to ORS 137.712 and (for crimes committed on or after December 5, 1996, and prior to January 1, 2009) only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(9) For sentences imposed for crimes committed prior to January 1, 2009, an AIC is not eligible to participate in alternative incarceration programs if the AIC on or after October 23, 1999, commits and is convicted of Manslaughter II as defined in ORS 163.125, unless the sentencing court notwithstanding ORS 137.700 and 137.707 has imposed a lesser sentence pursuant to ORS 137.712 and only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(10) An AIC is not eligible to participate in alternative incarceration programs if the AIC is serving a sentence under the provisions of ORS 161.725 or ORS 161.737 (dangerous offenders) for a crime committed on or after November 1, 1989. An AIC shall not be allowed to participate in alternative incarceration programs even after completion of the required minimum incarceration term (determinate sentence) even if the Board of Parole and Post-Prison Supervision finds that the person is no longer dangerous or finds that the person remains dangerous but can be adequately controlled with supervision and mental health treatment and sets a post-prison supervision release date.

(11) If otherwise eligible under Oregon law, any person sentenced for a crime committed on or after December 5, 1996, and prior to January 1, 2009, may be considered for alternative incarceration programs only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(12) If otherwise eligible under Oregon law, an AIC sentenced for a crime committed on or after January 1, 2009, may be considered for nonprison leave and release to post-prison supervision only upon order of the sentencing court as directed in a judgment pursuant to ORS 421.508(4).

(13) An AIC is not eligible for an alternative incarceration program during the current admission if he or she previously participated in another alternative incarceration program in the same custody cycle.

(14) An AIC is not eligible for an alternative incarceration program who:

(a) Scores a six or higher on the Static 99-R and Definitions risk assessment tool (Attachments A and B);

(b) Has a predatory sex offender designation; or

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 15-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 7-2007, f. & cert. ef. 10-9-07
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0140 Adult in Custody Selection

(1) The department in its discretion may accept an eligible AIC into an alternative incarceration program based on its determination that the AIC’s participation in such a program is consistent with the safety of the community, the welfare of the AIC, the program objectives and the rules of the department.

(2) An AIC will not be accepted into an alternative incarceration program unless the AIC submits a written request to participate.

(a) The request must contain a statement signed by the applicant providing that the AIC:

(A) Is physically and mentally able to withstand the rigors of the program; and

(B) Has reviewed the alternative incarceration program descriptions provided by the department and agree to comply with each of the requirements.

(b) An otherwise-eligible AIC with a physical or mental disability will be evaluated individually by the department to determine whether the AIC may successfully participate in the fundamental components of an alternative incarceration program.

(c) The department shall make the final determination regarding an AIC’s physical or mental ability to withstand the rigors of the program.

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 4-2012, f. & cert. ef. 3-1-12
DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 7-2007, f. & cert. ef. 10-9-07
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0150 Removal or Suspension From an Alternative Incarceration Program

(1) The functional unit manager or designee may remove or suspend an AIC from any portion of an alternative incarceration program and may reassign the AIC to another Department of Corrections facility to serve the balance of the AIC’s court-imposed incarceration term, for administrative or disciplinary reasons. The decision to remove or suspend an AIC from the program will be made in consultation with a committee appointed by the functional unit manager or designee that is responsible to review the performance of AICs participating in an alternative incarceration program.

(2) Administrative Removal or Suspension:

(a) The functional unit manager or designee may immediately remove or suspend an AIC from the program and reassign the AIC to another Department of Corrections facility without a hearing, for administrative reasons.

(b) An AIC who is not available to participate substantially in the program (e.g., physical and mental illness, court appearance(s), disciplinary segregation, etc.) for up to 30 days following placement will be suspended from participation and will be evaluated by the committee to determine whether the AIC will be removed from the program or accepted back into the program at the program level deemed appropriate by the functional unit manager or designee.

(c) Any change in status that would cause an AIC to be ineligible to continue participating in the program as described in OAR 291-062-0130 (e.g., discovery of a detainer), may result in a suspension.

(A) If suspended, the AIC will have 30 days to resolve eligibility status with the department. If the AIC’s eligibility status remains unresolved, the AIC will be removed from the program.

(B) An extension may be made by the functional unit manager or designee on a case-by-case basis.

(d) If other charges will result in immediate incarceration upon release to nonprison leave, the AIC will have 30 days to resolve eligibility status with the department. If the AIC’s eligibility status remains unresolved, the AIC will be removed from the program. An extension may be made by the functional unit manager or designee on a case-by-case basis.

(e) AICs are expected to participate in all aspects of their program assignment at a level consistent with the length of time they have been assigned to the program.

(A) The functional unit manager or designee may suspend an AIC from the program for 30 days or more when, in consultation with the program performance review committee, the functional unit manager or designee determines that the AIC is not making adequate program progress. During the suspension, the AIC will be given an opportunity to come into compliance with established program standards.

(B) If the AIC comes into compliance, the AIC will be placed at a program level deemed appropriate by the functional unit manager or designee. The AIC may be removed from the program for failure to meet program expectations. If the AIC is assigned to an intensive alternative incarceration addictions program, the AIC may have the length of the program extended beyond 270 days.

(f) If the department suspends or removes an AIC from the program for administrative reasons while the AIC is on nonprison leave status the AIC may request a hearing regarding the department’s decision to rescind approval for administrative reasons. If the AIC requests a hearing, the department will provide a hearing using applicable rules in the Department’s rules for Leave Revocation Hearings (OAR 291-066) for evidence and making preliminary findings of fact, to the extent that those rules are not inconsistent with these rules (OAR 291-062). After the hearings officer has provided a final report described in OAR 291-066-0310, the department will make a final determination as to whether to revoke leave as provided in these rules (OAR 291-062).

(3) Disciplinary Removal or Suspension:

(a) An AIC who, after a hearing in accordance with procedures provided in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), is found to have committed a major disciplinary rule violation, may be removed from the program and transferred to another Department of Corrections facility at the discretion of the functional unit manager or designee.

(b) An AIC who, after a hearing in accordance with procedures provided in the department's rules on Leave Revocation Hearings (OAR 291-066), is found to have violated a condition of nonprison leave, and is returned to a Department of Corrections institution pursuant to OAR 291-062-0165 or OAR 291-066, may be removed from the program and transferred to another Department of Corrections facility at the discretion of the functional unit manager or designee.

(4) Voluntary Removal: An AIC may elect to be removed from an alternative incarceration program; however, to do so the AIC must sign a document requesting removal from the program to the functional unit manager or designee. Voluntary removal from the program constitutes a program failure.

(5) An AIC who fails an alternative incarceration program will be ineligible to participate in any other non-AIP intensive treatment program during the same admission cycle (this does not include dual diagnosis programs).

(6) Administrative Review of Removal for Program Failure:

(a) When the functional unit manager or designee removes an AIC from the AIC’s program assignment for a program failure, the AIC will be notified in writing of the reason for the removal decision and given the opportunity for administrative review of the decision.

(b) To obtain an administrative review of the removal decision, an AIC must send a request for administrative review in writing to the Assistant Director of Health Services or designee, together with any supporting documentation. The Assistant Director of Health Services or designee must receive the request within 15 business days of the date of the notice of the administrative removal.

(c) The review should be completed within 15 business days after receiving an AIC’s review request. The Assistant Director of Health Services or designee’s decision on an administrative review shall be final.

History

Statutory/Other Authority: ORS 423.075, ORS 179.040, 421.500 to 421.512, 423.020 & 423.030
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 7-2007, f. & cert. ef. 10-9-07
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0160 Alternative Incarceration Program Prison Management

(1) To the extent that other Department of Corrections rules may conflict with provisions in these rules (OAR 291-062-0100 to 291-062-0160), such rules are inapplicable to alternative incarceration programs and are modified as provided below to reflect the purposes of alternative incarceration programs and the relatively short period of confinement.

(2) Modified Rules:

(a) Hygiene, Grooming and Sanitation (AIC) (OAR 291-123) and Personal Property (AIC) (OAR 291-117): The functional unit managers in the facilities where alternative incarceration programs are provided may establish separate and distinct standards for personal grooming and hygiene as a means to support program goals. Commissary operations and purchases, food services and educational requirements for participants may be modified by those facilities where alternative incarceration programs are offered as a means of supporting program goals. Each facility may develop internal processes for staff and AICs outlining the applicable requirements or restrictions specific to these programs.

(b) Performance Recognition and Award System (PRAS) (OAR 291-077): AICs assigned to an alternative incarceration program will receive a standard number of points for their PRAS award as determined by the department for work and program participation. AICs are eligible for special recognition awards pursuant to the department’s rules on Performance Recognition and Award System.

(c) Mail (AIC) (OAR 291-131): AICs participating in an alternative incarceration program may not be allowed to correspond with AICs housed in general population at the facility where the program is operating.

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04

Or. Admin. R. 291-062-0165 Nonprison Leave Violations

(1) For alternative incarceration program participants who violate their conditions of nonprison leave, administrative sanctions or interventions, including revocation of nonprison leave, may be imposed in accordance with the department’s rules on Structured, Intermediate Sanctions (OAR 291-058) and the department’s rules on Leave Revocation Hearings (OAR 291-066).

(2) Revocation of Nonprison Leave

(a) If, pursuant to OAR 291-058-0047, an officer believes that an adult on leave has violated a condition of nonprison leave and recommends revocation of nonprison leave under OAR 291-058-0047(5) after consultation and agreement of the institution functional unit manager or designee, the adult on leave shall be subject to immediate return to a Department of Corrections facility and subject to a hearing as provided in the department’s rule on Leave Revocation Hearings (OAR 291-066).An AIC found in violation of a nonprison leave condition, may be subject to revocation and immediate return to a Department of Corrections institution following the procedures provided in the department’s rules on Leave Revocation Hearings (OAR 291-066.) Upon return to a Department of Corrections institution the AIC also may be subject to other sanctions in accordance with the Department of Corrections rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(A) If the adult on leave’s whereabouts are unknown, it shall be the responsibility of the supervising officer to immediately submit a warrant request in writing to the institution functional unit manager or designee. A warrant will be issued in accordance with the Department of Corrections policy. Upon apprehension, it shall be the responsibility of the supervising officer to report the alleged violation and recommended sanction in writing to the institution functional unit manager or designee.

(B) If the adult on leave’s whereabouts are known and the violation is believed to support a revocation of the nonprison leave, it shall be the responsibility of the supervising officer to report the alleged violation in writing to the institution functional unit manager or designee within five working days of the alleged violation.

(b) When revocation of nonprison leave is approved, the releasing authority shall ensure that a misconduct report is submitted in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(c) When the adult on leave is returned to a Department of Corrections facility and a misconduct report is submitted, a hearing shall be conducted in accordance with the Department of Corrections rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(3) An alternative incarceration program participant whose nonprison leave is revoked for violating a condition of nonprison leave disciplinary reasons AIC will be considered a program failure and non-compliant with institution conduct for the length of the AIC’s nonprison leave. The AIC’s earned time credits shall be computed as outlined in the department’s rules on Prison Term Modification (OAR 291-097).

History

Statutory/Other Authority: ORS 179.040, 421.500, 423.020, 423.030, 423.075, 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500, 423.020, 423.030, 423.075, 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17

Or. Admin. R. 291-062-0170 Release onto Post-Prison Supervision

(1) For AICs serving a sentence for a crime committed prior to January 1, 2009, upon successfully conforming to directed activities while on nonprison leave, the AIC shall be released to post-prison supervision.

(2) For AICs serving a sentence for a crime committed on or after January 1, 2009, the AIC shall be released to post-prison supervision only if all of the following requirements are met:

(a) The sentencing court has ordered in a judgment that the department may consider the AIC for release to post-prison supervision;

(b) The AIC has served at least one year of the term of incarceration imposed by the sentencing court;

(c) The AIC’s release would not reduce the term of incarceration imposed by the court the AIC would otherwise be required to serve by more than 20 percent, minus any earned time credits; and

(d) The AIC has successfully conformed to directed activities while participating in the nonprison leave component of the program.

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09

Division 63 SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS

Or. Admin. R. 291-063-0100 Short-Term Transitional Leave - Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.168, 423.020, 423.030, and 423.075

(2) Purpose: To provide uniform procedures, standards, and guidelines for granting or denying short-term transitional leave, to establish supervision standards for such leaves, to provide procedures for sanctioning violations of short-term transitional leave conditions, including revocation of short-term transitional leave.

(3) Policy:

(a) It is the policy of the Department of Corrections to authorize short-term transitional leave from correctional facilities for eligible adults in custody (AICs) when circumstances indicate leave would be in accordance with generally accepted correctional and rehabilitation practices and enough time exists to prepare an appropriate transitional leave release plan as determined by the releasing authority.

(b) These rules do not apply to AICs who are:

(A) Releasing from a DOC facility with no subsequent post-prison supervision; or

(B) Housed in an Oregon Youth Authority facility.

History

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
Renumbered from 291-063-0005 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03
CD 11-1991, f. & cert. ef. 4-24-91
CD 21-1990(Temp), f. & cert. ef. 11-1-90
CD 1-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-063-0110 Definitions for OAR 291-063-0100 to 291-063-0160

(2) Business Day: Monday through Friday, excluding weekends and holidays.

(3) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(4) Employee: Any person employed full-time, part-time or under temporary appointment by the Department of Corrections.

(5) Hearings Officer: A person designated by the Department of Corrections to conduct short-term transitional leave and nonprison leave revocation hearings.

(6) Immediate Family Member: Spouse, domestic partner, parent, sibling, child, aunt, uncle, niece, nephew, grandchildren, and grandparents including foster, in-law, and step-relationships. Immediate family also includes the caregiver of the AIC’s minor child.

(7) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program (AIP).

(8) Predatory Sex Offender: A special designation made by the supervisory authority in accordance with former ORS 181.507 or 181.585.

(9) Releasing Authority: The Assistant Director of the Community Corrections Division or designee.

(10) Revocation Hearing: A hearing to determine whether there is probable cause to believe the AIC has violated one or more conditions of short-term transitional or nonprison leave, whether there are substantial reasons or circumstances that warrant the AIC on leave be returned to the Department of Corrections, or both.

(11) Sexually Violent Dangerous Offender: A special designation made by the court under ORS 137.765 and the Board of Parole and Post-Prison Supervision or local supervisory authority under ORS 144.635.

(12) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide AICs with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave is granted in accordance with ORS 421.168.

(13) Term of Incarceration: The period of commitment to the legal and physical custody of the department imposed by a sentencing court in a judgement. For purposes of these administrative rules, “term of incarceration” includes pre-sentence incarceration credit granted to an AIC by the department under ORS 137.370, as well as any time an AIC spends on short-term transitional leave under ORS 421.168 or nonprison leave under ORS 421.510.

(14) Level III Sex Offender: A special designation made by the Board of Parole and Post-Prison Supervision in accordance with OAR 255-085-0010 to 255-085-0050.

History

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 16-2018, amend filed 06/11/2018, effective 06/11/2018
Renumbered from 291-063-0010, DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 10-2011, f. & cert. ef. 6-2-11
Reverted to DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11
DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03
CD 11-1991, f. & cert. ef. 4-24-91
CD 21-1990(Temp), f. & cert. ef. 11-1-90
CD 1-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-063-0120 Procedures

(1) Sentencing Restrictions on Eligibility:

(a) Persons incarcerated for parole revocation sanctions shall not be eligible for short-term transitional leave.

(b) Persons incarcerated for post-prison supervision revocation sanctions shall not be eligible for short-term transitional leave pursuant to ORS 144.108(3)(b).

(c) Any person serving a sentence for a crime committed prior to November 1, 1989 (matrix offense), shall not be eligible for short-term transitional leave.

(d) Any person serving a sentence under the provisions of ORS 161.610 (using a firearm during the commission of a felony) shall not be eligible for short-term transitional leave until the person has served the minimum incarceration term imposed by the court less earned time under ORS 421.121.

(e) Any person serving a sentence under the provisions of ORS 161.725 to 161.737 (dangerous offenders) shall not be eligible for short-term transitional leave even if the Board of Parole and Post-Prison Supervision finds that the condition that made the person dangerous is absent or in remission and sets a post-prison supervision release date.

(f) Any person serving a sentence under the provisions of ORS 137.635, 137.700, and137.707 shall not be eligible for short-term transitional leave regardless of the date the crime was committed.

(g) Any person sentenced on or after January 1, 2018 and serving a sentence under the provisions of ORS 137.690, 164.061, 475.907, 475.925, 475.930, or 813.011 shall not be eligible for short-term transitional leave.

(h) With the exception of sentences covered in subsection (i) of this section, a person shall not be eligible to participate in short-term transitional leave during service of a sentence for conviction of a crime listed below:

(A) ORS 163.095 (Aggravated, Attempted Aggravated, or Conspiracy to Commit Aggravated Murder),

(B) ORS 163.115 (Murder, Attempted Murder, or Conspiracy to Commit Murder),

(D) ORS 163.125 (Manslaughter II)

(E) ORS 163.175 (Assault II)

(F) ORS 163.185 (Assault I),

(G) ORS 163.149 (Aggravated Vehicular Homicide),

(H) ORS 163.225 (Kidnapping II)

(I) ORS 163.235 (Kidnapping I),

(J) ORS 163.365 (Rape II),

(K) ORS 163.375 (Rape I),

(L) ORS 163.395 (Sodomy II),

(M) ORS 163.405 (Sodomy I),

(N) ORS 163.408 (Unlawful Sexual Penetration II),

(O) ORS 163.411 (Unlawful Sexual Penetration I),

(P) ORS 163.427 (Sexual Abuse I),

(Q) ORS 163.670 (Use of a Child in Display of Sexually Explicit Conduct),

(R) ORS 164.325 (Arson I),

(S) ORS 164.405 (Robbery II)

(T) ORS 164.415 (Robbery I),

(U) ORS 167.017 (Compelling Prostitution) Or

(V) ORS 813.010(5) or ORS 813.011 (Felony Driving Under the Influence of Intoxicants) if the sentence was imposed on or after January 1, 2018.

(i) A person is eligible for short-term transitional leave during service of a sentence for conviction of the following crimes after conditions are met as outlined in ORS 137.712:

(A) Any person serving a sentence under the provisions of ORS 137.712 for Robbery II, Kidnapping II, or Assault II committed:

(i) On or after April 1, 1995 and prior to December 5, 1996 is eligible for short-term transitional leave.

(ii) On or after December 5, 1996 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(B) Any person serving a sentence under the provisions of ORS 137.712 for Manslaughter II committed on or after October 23, 1999 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(C) Any person serving a sentence under the provisions of ORS 137.712 for Rape II, Sodomy II, Unlawful Sexual Penetration II, or Sex Abuse 1 committed on or after January 1, 2002 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(D) If otherwise eligible under Oregon law, any person serving a sentence for a crime committed on or after December 5, 1996, shall be eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(2) Additional Eligibility Requirements: An AIC who meets the sentencing eligibility requirements as referenced in section (1) above may be approved for short-term transitional leave if the AIC meets the following criteria:

(a) Has been incarcerated for at least six months, including applicable county jail time credits, before being eligible for short-term transitional leave.

(b) Is classified as minimum (Level 1 or Level 2) custody in accordance with the Department of Corrections rules on Classification (AIC) (OAR 291-104);

(d) Does not have a current detainer or other charges that would result in incarceration upon release to short-term transitional leave;

(e) Has not been found guilty of any Level 1 or 2 major violations of prohibited conduct within 15 months of the AIC’s projected release date;

(f) Has not received a Failure of Corrections Plan (FOCP) within 15 months of the AIC’s projected release date;

(g) Has not already failed nonprison or short-term transitional leave during the current term of incarceration or the term immediately preceding the current term of incarceration;

(h) Has not received a program failure from a work release or reentry program during the current term of incarceration;

(i) Has not been designated as a Sexually Violent Dangerous Offender, Predatory Sexual Offender, or classified as a Tier III sex offender;

(j) Is currently in suitable physical and mental condition; and

(k) Has not committed a new crime during the current term of incarceration. This does not include any time served at a local county facility for the current sentence(s).

(3) An AIC shall not be eligible if the releasing authority has determined that the AIC presents a significant safety, security, or compliance risk to the community.

History

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 423.030, 423.075, ORS 179.040, 421.168 & 423.020
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 26-2018, minor correction filed 10/10/2018, effective 10/10/2018
DOC 16-2018, amend filed 06/11/2018, effective 06/11/2018
Renumbered from 291-063-0016 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 10-2011, f. & cert. ef. 6-2-11
Reverted to DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11
DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03

Or. Admin. R. 291-063-0130 Duration of Short-Term Transitional Leave

(1) An AIC who is sentenced on or after January 1, 2018, may be eligible for a period of short-term transitional leave of up to 120 days.

(2) An AIC who is sentenced on or after August 1, 2013, and prior to January 1, 2018, may be eligible for a period of short-term transitional leave of up to 90 days.

(3) An AIC who is sentenced prior to August 1, 2013, may be eligible for a period of short-term transitional leave of up to 30 days.

History

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 16-2018, amend filed 06/11/2018, effective 06/11/2018
DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17

Or. Admin. R. 291-063-0140 Approval of Short-Term Transitional Leave

(1) Short-term transitional leave may be granted for an AIC releasing from any Department of Corrections facility or county facility with proper approval of the releasing authority.

(2) Transitional Leave Release Plan:

(a) Designated employees shall initiate the short-term transitional leave process by identifying eligible AICs.

(b) Designated employees, in conjunction with the county of supervision, shall assist eligible AICs in preparing a transitional leave release plan.

(c) The county of supervision shall investigate and respond to a transitional leave release plan within 45 days of receipt of the plan.

(d) The county of supervision must support the AIC’s release to short-term transitional leave.

(3) Approval:

(a) The releasing authority or designee may grant a short-term transitional leave to allow an AIC to participate in an approved release plan.

(b) Under the provisions of ORS 144.260, notification must be sent to the district attorney 30 days before the AIC’s unescorted release from actual physical custody. If the sentencing judge or victim requests, they will be notified in the same manner.

(c) No short-term transitional leave will be granted to allow the AIC to reside with a Department of Corrections employee, contractor, or volunteer, unless the AIC is an immediate family member of the employee, contractor, or volunteer.

(d) If the transition plan is not approved, the AIC may obtain an administrative review of that decision by submitting a request in writing to the Assistant Director of Community Corrections Division. All administrative review decisions are final.

(4) All expenses while on short-term transitional leave shall be borne by the AIC unless otherwise specifically authorized. AICs placed on short-term transitional leave are responsible for their own medical care.

(5) The Department may rescind approval for short-term transitional leave at any time, for administrative reasons. If the department rescinds approval while the AIC is on short-term transitional leave status, the AIC may request a hearing regarding the department’s decision to rescind approval for administrative reasons.

(a) If the AIC requests a hearing, the department will provide a hearing using applicable Department rules for Leave Revocation Hearings (OAR 291-066) for evidence and making preliminary findings of fact, to the extent that those rules are not inconsistent with these rules (OAR 291-063). After the hearings officer has provided a final report described in OAR 291-066-0310, the department will make a final determination as to whether to revoke leave as provided in these rules (OAR 291-063).

(b) The hearing may be conducted prior to the physical return of the AIC to DOC custody if feasible however is not required. If the AIC is returned to the physical custody of DOC prior to the hearing, the hearing will be conducted once the AIC is housed in a DOC facility.

History

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 16-2018, amend filed 06/11/2018, effective 06/11/2018
Renumbered from 291-063-0030 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 3-2017(Temp), f. & cert. ef. 3-15-17 thru 9-10-17
DOC 10-2011, f. & cert. ef. 6-2-11
Reverted to DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11
DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03
CD 11-1991, f. & cert. ef. 4-24-91
CD 21-1990(Temp), f. & cert. ef. 11-1-90
CD 1-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-063-0150 Conditions of Supervision for Short-Term Transitional Leave

(1) If short-term transitional leave is approved, the releasing authority or designee will impose the conditions that are necessary to enhance community safety as referenced in ORS 144.102. Short-term transitional leave conditions will replicate as much as possible post-prison supervision conditions. Short-term transitional leave conditions may hold an AIC to a higher standard than post-prison supervision.

(2) The following general conditions of supervision will be ordered for all AIC’s who have been approved for short-term transitional leave:

(a) Pay supervision fees, fines, restitution or other fees as ordered.

(b) Not use or possess controlled substances except pursuant to a medical prescription.

(c) Submit to testing for controlled substance or alcohol use if the offender has a history of substance abuse or if there is reasonable suspicion that the offender has illegally used controlled substances.

(d) Participate in a substance abuse evaluation, treatment, or aftercare as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.

(e) Remain in the State of Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency. Offender automatically waives extradition if offender absconds supervision out of state.

(f) If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both.

(g) Change neither employment nor residence without prior permission from the Department of Corrections or a county community corrections agency.

(h) Permit the supervising officer to visit the offender or the offender’s residence or work site, and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the offender. Report as required and abide by the direction of the supervising officer.

(i) Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.

(j) Obey all laws, municipal, county, state and federal.

(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.

(l) Not possess weapons, firearms, or dangerous animals.

(m) Report as required

(n) Submit to a risk and needs assessment as directed by the supervising officer and follow all reasonable recommendations resulting from the assessment.

(o) Be under the supervision of the Department of Corrections and its representatives or other supervisory authority and abide by their direction and counsel.

(3) In addition to the general conditions, special conditions of supervision may be ordered that are reasonably related to the crime of conviction or the needs of the AIC.

History

Statutory/Other Authority: ORS 421.168, ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17

Or. Admin. R. 291-063-0160 Violations of Short-Term Transitional Leave

(1) Sanctions may be imposed at the local level in accordance with OAR 291-058-0046 if:

(a) The supervising officer determines that the violation can appropriately be addressed; and

(b) The AIC admits the violation and accepts the sanction.

(2) Revocation of Transitional Leave

(a) If, pursuant to OAR 291-058-0046, a supervising officer believes an AIC has violated a condition of short-term transitional leave and the violation is believed to support revocation of short-term transitional leave, the supervising officer must report the alleged violation(s) in writing to the releasing authority within five business days of the alleged violation(s).

(A) If the AIC’s whereabouts are unknown, the supervising officer must immediately submit a warrant request in writing to the releasing authority. A warrant will be issued.

(B) Upon apprehension of the AIC, the supervising officer must report the alleged violation and recommended sanction in writing to the releasing authority within five business days.

(b) If the releasing authority believes that revocation of short-term transitional leave is an appropriate response to the alleged violation(s) of the conditions of leave, the releasing authority will notify the hearings officer to conduct a revocation hearing in accordance to OAR 291-066.

(c) An AIC who has their short-term transitional leave status revoked may be subject to a disciplinary hearing conducted in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) upon return to DOC custody.

History

Statutory/Other Authority: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 423.020, 423.030 & 423.075
DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 12-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
Renumbered from 291-063-0036 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03

Or. Admin. R. 291-063-1000 Emergency Leave and Supervised Trips - Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.166, 423.020, 423.030, and 423.075

(2) Purpose: To provide uniform procedures, standards, and guidelines for granting or denying emergency leave or supervised trips and to establish supervision standards for such leaves.

(3) Policy: It is the policy of the Department of Corrections to allow inmates emergency leave or supervised trips from department facilities when circumstances indicate a leave or supervised trip would be in accordance with generally accepted correctional and rehabilitation practices.

History

Statutory/Other Authority: ORS 179.040, 421.166, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.166, 423.020, 423.030 & 423.075
DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17

Or. Admin. R. 291-063-1010 Definitions for OAR 291-063-1000 to 291-063-1040

(1) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(2) Emergency Leave: A leave of ten days duration or less within the state for the specific purposes listed in OAR 291-063-1020(3) where the inmate is expected to return to the releasing facility.

(3) Enter Parole/Probation Record (EPR): A record on the Law Enforcement Data System (LEDS) which identifies an inmate who is in the community on parole, probation, post-prison supervision, short-term transitional leave, nonprison leave, or emergency leave exceeding five days.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for the delivery of services or coordination of program operations.

(5) Immediate Family Member: Spouse, domestic partner, parent, sibling, child, aunt, uncle, niece, nephew, grandchildren and grandparents, including foster, in-law, and step relationships. Immediate family also includes the caregiver of the inmate’s minor child.

(6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(7) Supervised Trip: Any non-routine trip outside a Department of Corrections facility within the State of Oregon that is supervised by an employee of the Department of Corrections or a person authorized to supervise or maintain custody of persons outside of correctional facilities.

History

Statutory/Other Authority: ORS 179.040, 421.166, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.166, 423.020, 423.030 & 423.075
DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17

Or. Admin. R. 291-063-1020 Emergency Leave

(1) Emergency leave may be granted by any Department of Corrections facility with proper approval of the functional unit manager or designee. The same eligibility requirements that apply to short-term transitional leave in OAR 291-063-0120 also apply to emergency leave, except that persons incarcerated for parole or post-prison supervision revocation sanctions are not eligible for short-term transitional leave. However, such persons are eligible for emergency leave pursuant to ORS 421.166.

(2) Application:

(a) The inmate may apply for a leave by filling out an appropriate request and submitting it to the assigned counselor or designated staff member.

(b) Requests must be submitted in sufficient time for staff to review and verify the information provided.

(c) Counselors or designated staff members will verify the information given and submit the necessary documentation and any other relevant information for the releasing authority.

(3) Approval: The functional unit manager or designee may grant an emergency leave to an inmate for the following reasons:

(a) To visit a terminally ill family member if the member lives within the state.

(b) To visit a gravely ill child of the inmate if the child lives within the state.

(4) The duration of the emergency leave shall be restricted to only the time necessary to accomplish the purpose of the leave.

(5) Emergency leave will not be granted in the company of a Department of Corrections employee or volunteer unless the inmate is an immediate family member of the employee or volunteer.

(6) In approving an emergency leave, the functional unit manager will impose conditions of release necessary for approval of the emergency leave.

(7) Inmates requesting non-emergency medical treatment while on emergency leave shall return to the releasing facility for examination and treatment if necessary.

(8) Expenses: Funds to cover expenses of any leave must be available in the inmate’s account before leave may be granted, unless otherwise specifically authorized by the functional unit manager or designee. Any funds received designated for this purpose will not be used to reduce any indebtedness.

(9) Community Corrections Monitoring: When an emergency leave exceeds five days, the functional unit manager or his/her designee must arrange with Community Corrections staff for monitoring of the inmate while the inmate is in the community. Upon departure from the facility, an EPR shall be initiated by the releasing facility.

(a) Assigned Community Corrections staff may, when deemed necessary, request that the functional unit manager authority modify leave conditions with written prior notice to the inmate and documentation to the file.

(b) Within ten days of the functional unit manager’s approval to modify, the inmate may appeal to the Assistant Director of Operations the changes in leave conditions.

(10) Emergency Leave Violations: Violations of the conditions of an emergency leave constitute the basis for disciplinary action, which will be handled in accordance with the Department of Corrections rules on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(a) Community Corrections staff have the authority to detain any inmate on emergency leave status and lodge him or her in a local jail pending investigation or return to a Department of Corrections intake facility.

(b) If the decision is made to remove an inmate from emergency leave status and return the inmate to the releasing facility, the responsibility for return will be as follows:

(A) Inmates who have been apprehended out-of-state will be returned to a Department of Corrections intake facility.

(B) Inmates who have been removed from emergency leave will be returned to the releasing facility.

(C) If the inmate fails to report as instructed, the supervising officer will immediately investigate the circumstances and report the incident to the functional unit manager or designee.

(D) If the inmate fails to report or return to the releasing facility as instructed, a warrant will be issued.

History

Statutory/Other Authority: ORS 179.040, 421.166, 423.020, 423.030 & and 423.075
Statutes/Other Implemented: ORS 179.040, 421.166, 423.020, 423.030 & and 423.075
Renumbered from 291-063-0050 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03, Renumbered from 291-063-0025
CD 11-1991, f. & cert. ef. 4-24-91
CD 21-1990(Temp), f. & cert. ef. 11-1-90
CD 1-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-063-1030 Supervised Trips

(1) Supervised trips may be granted from any Department of Corrections facility with proper approval of the functional unit manager or designee.

(2) Application:

(a) An inmate may apply for a supervised trip by directing an appropriate supervised trip request to his/her assigned counselor or designated staff member. Except for the purpose of attending a private viewing before or after a funeral or bedside visits, these requests should be submitted no more than 15 and no less than seven working days in advance of the supervised trip date.

(b) The counselor or designated staff member will verify the information and submit the request and other relevant information to the functional unit manager.

(3) Approval: The functional unit manager or designee may grant supervised trips to inmates for the following reasons:

(a) To allow the inmate to visit a seriously ill relative with whom a meaningful relationship exists;

(b) To attend a private viewing before or after the funeral of an immediate family member;

(d) Other reasons consistent with accepted correctional and rehabilitation practices.

(4) The functional unit manager or designee may approve supervised trips for those inmates who do not meet the eligibility criteria for emergency leave as specified in these rules.

(a) No inmate of the Department of Corrections will be allowed a supervised trip unless the supervision is provided by a Department of Corrections employee or a person authorized to supervise or maintain custody of persons outside of correctional facilities.

(b) No supervised trips will be authorized for social reasons.

(c) Supervised trips may be authorized for civic purposes (for example, work projects or speaking engagements relative to crime prevention or substance abuse).

(d) Approval for all proposed supervised trips for club projects must be requested of the functional unit manager or designee in writing and staff must verify the request.

(5) Inmates approved for supervised trips will fall into two categories:

(a) When inmates judged by staff to be a threat to the community or themselves are granted supervised trips, appropriate protective restraints and escorts will be used.

(b) Inmates who are not considered a threat to the community or themselves must meet the following criteria:

(A) Inmate is in suitable physical and mental condition consistent with the reason for the trip;

(B) Programming and interests are consistent with trip purposes; and

(C) Depending upon the reason for the trip, the inmate has demonstrated a level of performance during incarceration indicating a reasonable expectation that the supervised trip will be successful.

(6) Expenses: Unless specific arrangements are approved in advance by the functional unit manager or designee , the inmate will pay for any expenses incurred for supervised trips.

(7) Violation:

(a) Failure to return from supervised trip shall be an escape. A warrant will be issued.

(b) All rules of prohibited conduct cited in the Department of Corrections rules on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105) apply to inmates on supervised trips.

History

Statutory/Other Authority: ORS 179.040, 421.166, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.166, 423.020, 423.030 & 423.075
Renumbered from 291-063-0040 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03
CD 11-1991, f. & cert. ef. 4-24-91
CD 21-1990(Temp), f. & cert. ef. 11-1-90
CD 1-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-063-1040 Warrants

Issuing Warrants:

(1) Supervising officers will notify the functional unit manager or designee regarding an inmate’s unauthorized departure whenever an inmate makes him/herself unavailable for supervision.

(2) The functional unit manager or designee will ensure a warrant is issued if the circumstances and facts so justify.

History

Statutory/Other Authority: ORS 179.040, 421.166, 423.020, 423.030 & and 423.075
Statutes/Other Implemented: ORS 179.040, 421.166, 423.020, 423.030 & and 423.075
Renumbered from 291-063-0060 by DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03
DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03

Or. Admin. R. 291-064-0010 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075 and 430.021.

(2) Purpose: The purpose of this rule is to establish Department of Corrections policy and procedures for the administration of psychotropic medications to inmates in Department of Corrections facilities.

(3) Policy: When psychotropic medications are recommended for treatment of mental disorders, the prescribing practitioner will attempt to obtain the inmate’s informed consent. In all situations involving involuntary medication, the principles of good professional practice will prevail. For involuntary medication to be approved, it must be demonstrated that the inmate has a mental disorder and as a result of that disorder there exists a likelihood of serious harm to the inmate, others or property; or the inmate is gravely disabled, and that the treatment is in the inmate’s medical interest.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0020 Definitions

(1) Department: Oregon Department of Corrections.

(2) Emergency: An immediate and serious danger to life or health.

(3) Facility: Any facility operated by the Department of Corrections in which inmates in the physical custody of the department reside.

(4) Gravely Disabled: A condition in which an inmate, as a result of a mental disorder, manifests a deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over behavior which creates a danger of serious physical and/or psychological harm to the inmate and/or serious physical injury to others.

(5) Guardian: A person appointed by a court of law to act as the guardian of a legally incapacitated person.

(6) Independent Examining Physician: A physician who shall be board certified in psychiatry, shall have been subjected to review by the Health Services Division Clinical Medical Director as to his/her qualifications to make such an examination, and shall have participated in a training program in the meaning and application of the provisions of this rule. The independent examining physician shall not be an employee of the Department of Corrections.

(7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole or post-prison supervision status.

(8) Legally Incapacitated: A person who has been found by a court of law to be unable, without assistance, to properly manage or take care of their personal affairs.

(9) Likelihood of Serious Physical Injury: A substantial risk that an inmate will inflict serious physical injury:

(a) Upon the inmate, as evidenced by recent threats or attempts to commit suicide or self-inflicted physical injury; or

(b) Upon another, as evidenced by recent behavior which has caused such harm or has placed another person in reasonable fear of sustaining such injury; or

(c) Upon self or another by means of damaging property, as evidenced by recent behavior which has caused such injury or has placed another person in reasonable fear of sustaining such injury; or

(d) Upon the inmate, another, or by damage to property, as evidenced by recent behavior or thinking which, in examining the inmate’s prior medical history, is associated with a pattern of behaviors leading to such injury or damage.

(10) Material Risk: A risk that may have a substantial adverse effect on the inmate’s psychological and/or physical health. For example, tardive dyskinesia is a material risk of neuroleptic medications.

(11) Mental Disorder:

(a) An impaired general medical condition resulting in impaired mental functioning, or impaired emotional health; or

(b) A longstanding, inflexible, pervasive, and enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual’s culture (usually constituting a maladaptive set of personality traits), usually of little concern to the person but which causes impaired life adjustment.

(12) Physical Injury: Impairment of physical condition or substantial pain.

(13) Psychotropic Medications: The class of medications that have central nervous system activity and are commonly used for the treatment of mental disorders. Types of medications within the class of psychotropic medications include, but are not limited to, neuroleptics (antipsychotics), lithium, and antidepressants.

(14) Serious Physical Injury: Injury which creates a substantial risk of death, causes serious and protracted disfigurement, impairment of health, or loss or impairment of the function of any bodily organ.

(15) Treating Practitioner: Any Health Services Division employee or contractor who by licensure is authorized to prescribe treatment specifically, including the administration of psychotropic medications. This includes physicians, nurse practitioners, and physician assistants.

(16) Treatment Plan: The comprehensive plan of medical, psychiatric, psychological, and psychosocial interventions used to guide treatment providers in assisting an inmate to accomplish the inmate’s goals for behavioral change. One aspect of a treatment plan may be psychotropic medications.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0030 General Policy on Obtaining Informed Consent for Administration of Psychotropic Medications

Capacity of the Inmate to Give Informed Consent.

(1) Inmates from whom informed consent to treatment with psychotropic medications is being sought shall be presumed competent to give consent unless:

(a) The inmate has been found to be legally incapacitated; or

(b) In the clinical opinion of the treating practitioner, the inmate currently demonstrates an inability to comprehend and weigh one or more factors involved in making informed consent as provided in OAR 291-064-0040(1).

(2) In determining the inmate’s ability to comprehend and weigh the factors the treating practitioner shall:

(a) Disclose the information required in OAR 291-064-0040(1);

(b) Ask the inmate to repeat the information in the inmate’s own words or to explain what the information means; and

(3) The inmate’s ability to comprehend and weigh the factors in OAR 291-064-0040(1) shall be documented in the inmate’s treatment record and supported by specific descriptions of the inmate’s statements or behavior.

(4) An inmate shall not be deemed unable to give informed consent to administration of psychotropic medications solely because:

(a) The inmate has been diagnosed as mentally ill or mentally retarded;

(b) The inmate has previously disagreed or now disagrees with his/her diagnosis; or

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0040 Procedures for Obtaining Informed Consent and Information to be Provided

(1) An inmate, or the guardian of a legally incapacitated inmate, from whom informed consent to administration of psychotropic medications is sought, shall be given information orally and in writing as follows:

(a) The nature of the inmate’s mental disorder;

(b) The name and purpose of the recommended medication;

(d) The intended benefits of the medication;

(e) The alternatives to the recommended medication, if in the opinion of the treating practitioner those alternatives are available and comparable in effectiveness;

(f) The predicted medical/psychiatric consequences of not accepting the recommended medication; and

(g) That consent may be refused, withheld or withdrawn at any time.

(2) The treating practitioner shall ask the inmate or guardian if they would like additional information concerning the recommended medication, and shall provide such information on request.

(3) The treating practitioner recommending administration of a psychotropic medication shall document by notation in the inmate’s treatment record:

(a) That the information required in section (1) of this rule was explained; and

(b) Whether the inmate or guardian explicitly consented, refused, or withheld consent; and

(4) Psychotropic medications may not be administered to an inmate who has been found legally incapacitated without the consent of the guardian, except in the case of an emergency.

(5) Reports of Progress: Upon request, an inmate or guardian shall be informed of the progress of the inmate during the administration of psychotropic medications.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0050 Consent Options — Exceptions to Informed Consent

(1) Inmates deemed able to consent pursuant to OAR 291-064-0030 may:

(a) Consent to voluntary administration;

(b) Withhold consent for up to 48 hours for the purpose of obtaining additional information;

(d) At any time withdraw consent previously given.

(2) Any consent, refusal, or withholding of consent shall be fully documented in the inmate’s treatment record, regardless of the treating practitioner’s determination of capacity in OAR 291-064-0030.

(3) Inmates withholding consent for 48 hours shall be considered to have refused consent.

(4) Where consent previously given is withdrawn, the person to whom the inmate’s decision is communicated shall document the withdrawal of consent and the reason for withdrawal by notation in the inmate’s treatment record.

(5) Psychotropic medications shall be administered to an inmate only after first obtaining written informed consent from the inmate in the manner prescribed in these rules, except as follows:

(a) Administration of psychotropic medications to legally incapacitated inmates as provided in OAR 291-064-0040(4);

(b) Administration of psychotropic medications without informed consent in emergencies as provided in OAR 291-064-0060; and

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0060 Emergency Administration of Psychotropic Medications without Informed Consent

(1) An emergency that is sufficient to allow the administration of psychotropic medications without informed consent exists, if in the opinion of the treating practitioner, an inmate has a mental disorder and as a result of that disorder:

(a) Immediate administration of psychotropic medication is medically necessary to preserve the life or health of the inmate; or

(b) Immediate administration of psychotropic medication is medically necessary because the inmate's behavior creates a likelihood of serious physical injury to the inmate or others; or

(A) Recently damaged property and caused physical injury to self or others; or

(B) Recently expressed and acted upon an intent to cause serious physical injury to self or others by damaging property; or

(C) Recently demonstrated behavior or thinking which, in examining the inmate's prior medical history, is associated with a pattern of behavior leading to such property damage or physical injury to self or others.

(2) If an emergency exists, the treating practitioner may administer psychotropic medications to an inmate without first obtaining the inmate's written informed consent provided:

(a) The specific nature of the emergency and all procedures used to cope with the emergency are fully documented in the inmate's treatment record; and

(b) An effort has been made to contact the legal guardian of a legally incapacitated inmate prior to the administration of psychotropic medications.

(c) If the treating practitioner is not a mental health prescriber, consultation with the chief medical officer or his/her designee shall occur within 12 hours of the emergency

(3) Within 72 hours after the emergency administration of psychotropic medications, the treating practitioner shall review the treatment plan and may implement a revised treatment plan.

(4) The administration of psychotropic medications in an emergency situation may not continue for more than 72 hours.

(5) If, in the opinion of the treating practitioner, involuntary administration of psychotropic medications beyond 72 hours is medically necessary, the treating practitioner must:

(a) Obtain the inmate's written informed consent, or

(b) Determine that good cause for recommending involuntary administration exists as provided in OAR 291-064-0070, and

(6) Within seven days of a determination that good cause exists for involuntary administration of medications subsequent to an emergency, the independent examining physician shall review that determination as provided in OAR 291-064-0090 to 291-064-0120.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
DOC 16-2003, f. & cert. ef. 12-2-03
Reverted to CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
DOC 9-2003(Temp), f. & cert. ef. 5-19-03 thru 11-15-03
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0070 Good Cause for Involuntary Administration of Psychotropic Medications to Inmates

Good cause exists for recommending involuntary administration of psychotropic medications if, in the opinion of the treating practitioner:

(1) The inmate is suffering from a mental disorder and as a result of the disorder:

(a) The inmate is gravely disabled; or

(b) The inmate’s behavior creates a likelihood of serious harm to self or others; and

(2) The inmate:

(a) Is deemed not competent to give informed consent to administration of psychotropic medications as provided in OAR 291-064-0030; or

(b) Has refused to give informed consent to the administration of psychotropic medications; and

(3) The use of psychotropic medications is clinically indicated for:

(a) Restoring, or preventing deterioration of the inmate’s mental or physical health; or

(b) Alleviating extreme suffering; or

(4) Psychotropic medications are the most appropriate treatment for the inmate’s condition according to current clinical practice; and

(5) Other less intrusive procedures have been considered and the reasons for rejecting those procedures have been documented in the inmate’s treatment record; and

(6) The treating practitioner attempted to first obtain the inmate’s written informed consent.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0080 Review of Treating Practitioner’s Determination of Good Cause by an Independent Examining Physician

(1) Prior to the involuntary administration of psychotropic medications for good cause, the treating practitioner shall refer his or her recommendation for review to an independent examining physician who will convene a medication review hearing.

(2) The hearing may be held no more than ten days after the treating practitioner submits a determination that good cause exists.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0090 Notice of Hearing Required

Inmates subject to the involuntary administration process shall be given written notice at least 24 hours in advance of the hearing by the independent examining physician. The notice shall include:

(1) The date and time of the hearing;

(2) The inmate’s diagnosis;

(3) A statement of the clinical basis for the diagnosis;

(4) A statement of the clinical basis for the determination that involuntary administration of psychotropic medications is in the inmate’s medical interest; and

(5) An explanation of the inmate’s rights.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0100 Inmate Rights

(1) Inmate rights during the hearing process include:

(a) The right, upon request, to discontinue emergency medications administered pursuant to OAR 291-064-0060 for 24 hours preceding the hearing and until the hearing adjourns;

(b) The right to be present during the hearing;

(d) The right to present testimony through witnesses and to cross-examine witnesses that are called by the Department;

(e) The right to an advisor to assist in the articulation and presentation of the inmate’s argument at the hearing;

(f) The right to the creation of a record of the hearing;

(g) The right to appeal the decision of the independent examining physician to the chief medical officer as provided in this rule; and

(h) The right to retain counsel for the hearing at his/her own expense.

(2) Assignment of Advisor:

(a) A Health Services staff member shall be assigned to act as the inmate’s advisor in the hearing process;

(b) In assisting the inmate to articulate their objection to the recommended medications, the advisor shall:

(A) Inform the inmate of his/her right to retain counsel for the hearing at his/her own expense;

(B) Interview the inmate and discuss the psychiatric issues involved, and the inmate’s options;

(C) Assist the inmate in articulating a list of witnesses and questions for witnesses as required in section (3) of this rule;

(D) Review the inmate’s treatment record, including records of efforts made to obtain informed consent;

(E) Be provided a copy of administrative rules OAR 291-064-0010 through 291-064-0140;

(F) Be provided an opportunity to review any other evidence presented by the Department upon which the recommendation for involuntary administration of medications is based;

(G) Be competent to understand and interpret the inmate’s rights and the hearing process;

(H) Have an understanding of the psychiatric diagnosis and issues that the case may present; and

(I) Appear with the inmate at the hearing before the independent examining physician.

(3) If the inmate wishes to present or cross-examine witnesses, he/she must provide a written request to the independent examining physician prior to the hearing, listing the names of requested witnesses and the questions to be asked of each witness.

(4) The inmate’s right to be present at the hearing may be limited because of his/her medical condition or because of other specific reasons relating to the interest of institutional safety and security.

(5) Reasons for the limitation of the right to present and cross-examine witnesses include, but are not limited to:

(a) Irrelevance;

(b) Redundancy;

(6) The reasons for any limitation of the inmate’s rights shall be specified orally at the hearing and in writing as part of the final decision.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0110 Scope of Review

(1) The independent examining physician shall:

(a) Review the inmate’s treatment record, including the records of efforts made to obtain informed consent;

(b) Discuss the matter with the inmate and witnesses;

(c) Review the evidence presented by the Department upon which the recommendation for involuntary administration of medications is based; and

(d) Consider additional information, if any, presented at the time of the review by the inmate, the advisor, the Department, or witnesses.

(2) The record of the hearing shall be the documents and statements relied on by the independent examining physician as noted in his/her report. Copies of all documents shall be made a part of the inmate’s treatment record.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0120 Determination of Independent Examining Physician

(1) In each hearing the independent examining physician shall determine:

(a) Whether the treatment record contains a sound medical diagnosis supported by sufficient clinical documentation;

(b) The capacity of the inmate to give informed consent as provided in OAR 291-064-0030;

(d) Whether the inmate’s behavior constitutes good cause for involuntary administration of psychotropic medications as provided in OAR 291-064-0070;

(e) Whether the reasons given for rejecting less intrusive procedures are medically sound; and

(f) Whether the involuntary administration of psychotropic medication is in the inmate’s medical interest.

(2) The independent examining physician shall not approve involuntary administration of psychotropic medications unless it is determined that good cause exists and the involuntary administration of psychotropic medications is in the inmate’s medical interest.

(3) The independent examining physician will prepare a written report of his/her decision containing a summary of evidence presented and specific reasons for approving or disapproving involuntary administration of psychotropic medications. This report will be provided to:

(a) The chief medical officer of the facility;

(b) The inmate for whom involuntary administration of psychotropic medications is recommended; and

(4) A copy of the independent examining physician’s report will be made part of the inmate’s treatment record.

(5) Approval of the involuntary administration of psychotropic medications shall be effective for 180 days.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0130 Appeal of the Independent Examining Physicians Determination

(1) The inmate may appeal the determination of the independent examining physician in writing to the facility chief medical officer within 24 hours after the determination has been communicated to the inmate.

(2) Upon receipt of the inmate’s request for appeal, the chief medical officer shall review the appeal and the report of the independent examining physician.

(3) Except in emergencies as provided in this rule, medications will not be involuntarily administered until the chief medical officer has decided the appeal.

(4) The chief medical officer shall approve or disapprove the independent examining physician’s decision within seven days of receiving the inmate’s request for appeal.

(5) Written notice of the chief medical officer’s decision on appeal shall be provided to the inmate and made part of the inmate’s treatment record.

(6) In the absence of the chief medical officer the notice of appeal will be given to the Department’s clinical director who shall either decide the appeal or delegate that decision to the chief medical officer of another Department of Corrections facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Or. Admin. R. 291-064-0140 Periodic Review

(1) When psychotropic medications are involuntarily administered pursuant to this rule, the treating practitioner shall:

(a) Submit a progress report to the facility chief medical officer every 30 days; and

(b) Place a copy of the progress report in the inmate’s treatment record.

(2) The progress report will document the inmate’s response to medications, including the inmate’s attitude toward the medication and any changes in medication or side effects, and will indicate the treating practitioner’s prognosis of the inmate’s need for medications.

(3) Discontinuation of medications or voluntary consent to medications will be included in the progress report.

(4) The facility chief medical officer shall submit to the clinical director an annual report describing all involuntary administration of psychotropic medications.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021
CD 8-1995, f. 4-24-95, cert. ef. 5-1-95

Division 65 PAROLE AND PROBATION OFFICER DUTIES

Or. Admin. R. 291-065-0005 Authority and Purpose

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 137.610, 137.630, 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to specify the duties of Department of Corrections parole and probation officers, as required by ORS 137.630.

History

Statutory/Other Authority: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075
DOC 27-2026, amend filed 08/24/2026, effective 08/24/2026
DOC 6-2006, f. & cert. ef. 7-24-06
CD 18-1985, f. & cert. ef. 8-2-85
CD 3-1982, f. & cert. ef. 1-15-82

Or. Admin. R. 291-065-0006 Definitions

(1) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county.

(2) Parole and Probation Officer: An employee of the Department of Corrections as defined in ORS 181A.355(13).

History

Statutory/Other Authority: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075
DOC 27-2026, amend filed 08/24/2026, effective 08/24/2026
DOC 4-2017, f. & cert. ef. 3-17-17
DOC 6-2006, f. & cert. ef. 7-24-06
CD 18-1985, f. & cert. ef. 8-2-85

Or. Admin. R. 291-065-0007 Duties and Assignments

(1) Among the duties of the Department of Corrections parole and probation officers articulated by statute are:

(a) To make investigations in connection with granting, revoking, or modifying parole, post-prison supervision, transitional leave, local control, probation, or conditional release as required by the Board of Parole and Post-Prison Supervision, courts, or Department of Corrections;

(b) To provide supervisory services and interventions to people released on parole, post-prison supervision, transitional leave, local control, or probation who reside in this state, with the goal of reducing the probability of continued criminal behavior;

(c) To keep informed concerning the conduct and condition of people released on parole, post-prison supervision, transitional leave, local control, or probation who reside in this state, by visiting, requiring reports, and making collateral contacts;

(d) To make reports to the Board of Parole and Post-Prison Supervision, courts, or Department of Corrections as required;

(e) To execute any arrest warrant on a person who is under supervision on parole, post-prison supervision, transitional leave, local control, or probation status; and

(f) To perform any additional duties as directed by the local state director or the Department of Corrections Assistant Director of Community Corrections.

(2) The prioritization of duties and assignments shall be determined by the parole and probation officer’s local state director, supervisor, or their designee.

History

Statutory/Other Authority: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075
DOC 27-2026, amend filed 08/24/2026, effective 08/24/2026
DOC 4-2017, f. & cert. ef. 3-17-17
DOC 6-2006, f. & cert. ef. 7-24-06
CD 18-1985, f. & cert. ef. 8-2-85

Division 66 LEAVE REVOCATION HEARINGS

Or. Admin. R. 291-066-0100 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030, and 423.075

(2) Purpose: To provide uniform procedures for revoking short-term transitional leave authorized under ORS 421.168 or nonprison leave authorized under ORS 421.510.

(3) Policy: It is the policy of the Department of Corrections that short-term transitional leave and nonprison leave may be revoked based upon a finding that the terms of leave have been violated, there are substantial reasons or circumstances that warrant the adult in custody be returned to the Department of Corrections, or both, and it has been deemed necessary that the revocation of leave is in the best interest of public safety.

History

Statutory/Other Authority: ORS 179.040, 421.068, 423030, 423.075 & 423.020
Statutes/Other Implemented: ORS 179.040, 421.068, 423030, 423.075 & 423.020
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0110 Definitions

(1) Adult in custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC’s legal custody but are temporarily outside of DOC’s physical custody for reasons that include, but are not limited to, court proceeding, medical appointments, work assignments, programs, or interstate compact. AIC also includes individuals who have been released onto STTL, Non-prison leave, or emergency leave.

(2) Business Day: Monday through Friday, excluding weekends and holidays.

(3) Calendar Day: Every consecutive day on the calendar, including holidays and weekends.

(4) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(5) Hearings Officer: A person designated by the Department of Corrections to conduct short-term transitional leave and nonprison leave revocation hearings.

(6) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program (AIP). Nonprison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751, 421.508, and 421.510, and the department’s rules on Alternative Incarceration Programs (OAR 291-062).

(7) Releasing Authority: The Assistant Director of the Community Corrections Division, the Functional Unit Manager, or their designee(s).

(8) Revocation Hearing: A hearing to determine whether there is probable cause to believe the AIC has violated one or more conditions of short-term transitional or nonprison leave, whether there are substantial reasons or circumstances that warrant the AIC be returned to the Department of Corrections, or both.

(9) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide AICs with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave is granted in accordance with ORS 421.168.

History

Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0120 Revocation Hearing Requirement

(1) When the releasing authority has determined that an AIC has violated a condition of short-term transitional leave or non-prison leave, and that revocation of leave is an appropriate response under the Department’s rules for Structured, Intermediate Sanctions (OAR 291-058), the Hearings Officer shall conduct a revocation hearing.

(2) If an AIC consents to revocation of leave, a revocation hearing is not required. A revocation of short-term transitional or non-prison leave involving a return to prison may include a future disciplinary hearing as provided in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

History

Statutory/Other Authority: ORS 197.040, 423.020, 423.030, 423.021, 423.075, 421.168 & 421.504
Statutes/Other Implemented: ORS 197.040, 423.020, 423.030, 423.021, 423.075, 421.168 & 421.504
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0130 Method of hearings

(1) The Department of Corrections Hearings Unit or its designated representative shall conduct the revocation hearing.

(2) The Hearings Officer may conduct hearings by teleconference, video conference, or in person.

(3) The revocation hearing shall be conducted prior to the physical return of the AIC to DOC custody when feasible but is not required. If the revocation hearing is not conducted prior to the physical return of the AIC to DOC custody, the revocation hearing will be conducted once the AIC is housed in a DOC facility.

History

Statutory/Other Authority: ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030 & 423.075
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0140 Rights at Hearings

(1) The AIC shall be provided written notice of the revocation hearing at least three (3) business days prior to the hearing.

(2) The hearing notice shall include:

(a) A Notice of Rights/Decisions about Rights;

(b) A written statement of alleged violations;

(d) The date and location of the hearing.

(3) The AIC may elect to waive the three-business day notification period prior to or at the revocation hearing.

(4) If the AIC elects to waive the three- business day notification period, the Hearings Officer shall obtain a written waiver or a recording of the AIC’s verbal statement waiving the three-business day notification period.

(5) The Hearings Officer shall ascertain whether the AIC understands the allegations and their rights and whether the AIC can read, hear, and understand the language of the proceedings. The Hearings Officer shall postpone the revocation hearing if needed assistance is not readily available.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0150 Waiver of Revocation Hearing

(1) In all cases, the AIC may waive their right to a revocation hearing by checking the appropriate box and signing the Notice of Rights/Decisions about Rights form.

(2) A refusal to participate in the hearings process, including a refusal to check the appropriate box and sign the Notice of Rights/Decisions about Rights form, will constitute a waiver of the right to a revocation hearing for purposes of this rule.

(3) When the Notice of Rights/Decisions about Rights form is presented to the AIC, the supervising officer or designee shall record or document in writing any statement(s) made by the AIC at the time of the waiver.

(4) If the AIC has waived their right to a revocation hearing and no hearing is held, the supervising officer or designee shall submit the following items to the Hearings Officer for further processing:

(a) Notice of Rights/Decision about Rights form;

(b) Any written statements by the AIC or a summary of the AIC’s oral statements;

(c) A Hearing Summary, including a history of local interventions and sanctions ordered and a recommendation regarding disposition;

(d) Any supporting information, including the supervising officer’s report and other documentary evidence submitted.

History

Statutory/Other Authority: ORS 179.040, 423.0420, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.0420, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0160 Rejection of Waiver

If the Releasing Authority or designee is not satisfied that the AIC knowingly and intelligently waived his or her right to a revocation hearing or revocation hearing rights, or if additional information is needed before making its decision, it may order a new hearing, to be conducted by the Hearings Officer.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0170 Revocation Hearings Process

(1) A violation of a condition of leave that warrants a revocation of leave may only be found upon proof by a preponderance of the evidence.

(2) Unless the Hearings Officer finds good cause on the record, the supervising officer shall present information and evidence at the revocation hearing and arrange for the presence of witnesses for the state. The supervising officer shall make dispositional recommendations.

(3) The Hearings Officer shall make a recording of the revocation hearing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0180 Representation/Ability to Pay Attorney Fees

(1) In a revocation hearing, the Hearings Officer may authorize the appointment of an attorney to assist an AIC in their defense if the Department determines that it is legally required to do so.

(2) In determining whether to appoint an attorney, the Hearings Officer shall consider whether the AIC appears to be capable to speak effectively.

(3) If the Hearings Officer determines that the AIC is indigent and unable to pay for an attorney, the Hearings Officer may appoint an attorney at the Department’s expense. If the Hearings Officer approves payment for an attorney at the Department’s expense, the payment shall not exceed $100 per hour or $500 per case. The attorney shall send the Hearings Officer a billing within 90 calendar days of the revocation hearing.

(4) When the Hearings Officer denies an AIC’s request for an attorney appointed at the Department’s expense, the reason(s) for the denial shall be made part of the record.

History

Statutory/Other Authority: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0190 Witnesses

(1) The AIC may present witnesses who have relevant information and may submit relevant documentary evidence at the hearing.

(2) The AIC shall make their own arrangements for calling and presenting witnesses.

(3) Witness statements may be taken in person, by telephone, or by written report or statement.

(4) The AIC has the right to confront the persons or witnesses who have presented information against the AIC.

(5) The Hearings Officer may deny confrontation of witnesses by the AIC if that confrontation would subject the witness to the risk of harm.

(6) The Hearings Officer may limit, or exclude entirely, a witness’ oral or written statement(s) if the Hearings Officer determines that they are cumulative or irrelevant.

(7) The Hearings Officer may exclude a witness from the hearing upon finding that the witness’ statement(s) would not assist the Hearings Officer in the resolution of the allegation(s), or that the witness’ participation or appearance at the hearing would be contraindicated. The reason(s) for the exclusion shall be made part of the record.

(8) If the Hearings Officer denies confrontation of witnesses, the Hearings Officer shall state the reason(s) for the decision and conduct an independent examination of the witness on the record.

(9) The Hearings Officer may not receive a hearsay statement from an unavailable witness for the purpose of establishing that the AIC violated a condition of transitional leave without first applying a balancing test. For purposes of this rule, a hearsay statement is defined as a statement, other than one made by the declarant while testifying at the revocation hearing, offered to prove the truth of the matter asserted. Relevant factors in the balancing process include, but are not limited to:

(a) the importance of the evidence to the ultimate determination;

(b) the offender’s opportunity to refute the evidence;

(d) the nature and reliability of the evidence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421-500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421-500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0200 Evidence

(1) The Hearings Officer may receive the following as evidence at a revocation hearing:

(a) Oral testimony under oath;

(b) Affidavits or other sworn statements;

(d) Documents;

(e) Reports made in the course of official duty or professional practice (e.g., reports of law enforcement agencies, parole and post-prison supervision officers, doctors, psychologists, attorneys);

(f) Uncertified copies of letters, documents, or reports shall be admissible in a revocation hearing if there is a reasonable showing by the person submitting the exhibit item that the copy is reliable;

(g) Evidence of criminal activity even when charges have been dismissed, not brought, or the AIC has been acquitted at trial;

(h) Any evidence determined to be material, relevant, and reliable, regardless of its nature.

(2) The AIC shall make their own arrangements for presenting evidence.

(3) The Hearings Officer may exclude documents or physical evidence upon making a finding that such evidence would pose a hazard to facility security or would not assist in the resolution of the allegation(s). The reason for exclusion shall be made part of the record.

(4) The Hearings Officer may classify documents or physical evidence as confidential upon making a finding that revealing such evidence would pose a threat to the safety of the person providing the evidence, or others.

(5) The Hearings Officer shall make confidential evidence received a sealed part of the record without disclosing the identity of the witness.

(6) When a witness is unavailable, the Hearings Officer may receive statements in the form of documentary evidence. The Hearings Officer shall determine the reliability and relevance of the absent witness’s statement.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0210 Postponement

(1) The Hearings Officer may postpone a revocation hearing for good cause and for a reasonable period of time.

(2) The criteria for “good cause” includes, but is not limited to:

(a) The preparation of defense;

(b) Illness or unavailability of the AIC on leave or other persons;

(d) Avoiding interference with an ongoing police investigation or pending prosecution.

(3) The Hearings Officer may make a finding of a violation and defer disposition for a reasonable time if such delay is reasonably necessary for the AIC or Hearings Officer to obtain information relevant to disposition decision.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0220 Hearings Officer Findings

(1) At the conclusion of a revocation hearing, the Hearings Officer shall decide whether:

(a) The evidence submitted did not support the allegations of the specified condition(s) of leave violated; or,

(b) The evidence submitted does support the specified allegation(s) that one or more conditions of leave had been violated.

(c) If the Hearings Officer determines that the evidence submitted does not support the allegations of the specified condition(s) of leave violated, the supervising officer may submit a new violation report.

(2) Within ten business days following the conclusion of the hearing, the Hearings Officer shall complete a report containing the Hearings Officer's findings. The completed report shall be delivered to the AIC and to the Releasing Authority or designee for review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0230 Reopening Revocation Hearings

(1) After the completion of a revocation hearing, the Hearings Officer may reopen a hearing if substantial new information is discovered which was not known or could not be anticipated at the time of the hearing and which would significantly affect the outcome of the hearing.

(2) The Hearings Officer shall send the AIC notice of the decision to reopen the revocation hearing and the new information to be considered. The reopened hearing shall conform to the procedures of these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0240 Revocation Hearings Record

(1) The revocation hearings record shall include:

(a) A Hearings Report Summary;

(b) A written statement of alleged violations;

(d) A signed Notice of Rights/Decisions about Rights;

(e) The short-term transitional or nonprison leave conditions;

(f) A notice of time and place of hearing;

(g) An audio recording of the advisement of rights and the hearing;

(h) The supervising officer’s report, including recommended dispositions;

(i) The history of supervision, local sanctions and modifications; and

(j) If any, the written waiver of the AIC’s right to three business days’ notice of the hearing.

(2) The Hearings Officer shall retain the recording used in subsection (1)(g) of this rule in accordance with established retention schedules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0250 Administrative Review of the Hearings Officer’s Findings

(1) The AIC may request an administrative review of the Hearings Officer’s findings by submitting a request in writing to the Releasing Authority or designee within ten calendar days of the completion date on the Hearings Officer’s report.

(2) Upon receipt of the petition for administrative review, the Releasing Authority or designee shall review the case to determine:

(a) Was there substantial compliance with the rule (OAR 291-066);

(b) Was the finding based upon a preponderance of evidence.

(3) If the Releasing Authority or designee determines there was substantial compliance with the rule (OAR 291-066) and the finding was based on a preponderance of evidence, the AIC will be issued a written response supporting such a determination within ten business days of receipt of the request.

(4) If the Releasing Authority or designee determines there was not substantial compliance with the rule (OAR 291-066) or the finding was not based on a preponderance of the evidence, they may direct the hearing to be reopened or vacate all or part of the final order in the case.

(5) Documentation submitted to the Releasing Authority or designee shall not be returned to the AIC.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0260 Releasing Authority Final Order

(1) When a case comes before the Releasing Authority for decision, the Releasing Authority shall consider the Hearings Officer’s findings, the revocation hearings packet, mitigating factors, and administrative review of the Hearings Officer’s findings if applicable.

(2) The Releasing Authority may adopt or modify the Hearings Officer’s findings. The releasing authority may also request that the hearing be reopened to consider additional evidence.

(3) If the Hearings Officer finds that the alleged violation(s) of short-term leave or nonprison leave are not supported by a preponderance of the evidence and dismisses the case, then the Releasing Authority may request that the hearing be reopened to consider additional evidence.

(4) Within seven business days of receipt of the Hearings Officer’s findings, the Releasing Authority shall enter a decision and issue a final order.

(5) If the Releasing Authority fails to act on the Hearings Officer’s findings within seven business days following its receipt, the Hearings Officer’s findings shall become final.

History

Statutory/Other Authority: ORS 179.040, 423.030, 423.020, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.030, 423.020, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Or. Admin. R. 291-066-0270 Continuance on Short-Term Transitional or Nonprison Leave

(1) The Releasing Authority may continue an AIC on short-term transitional or nonprison leave and order modification of sanction time to be served.

(2) The Releasing Authority may continue an AIC on short-term transitional or nonprison leave and order administrative sanctions.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021

Division 69 SECURITY THREAT MANAGEMENT

Or. Admin. R. 291-069-0200 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish department policy and procedures for the identification and management of individual adults in custody (AIC) and groups of adults in custody that, in the judgment of the department, present an elevated security threat risk.

(3) Policy:

(a) Security threat activity by individual adult in custody or groups of adults in custody poses a serious threat to the safe, secure, orderly, or efficient operation and management of Department of Corrections facilities, and the safety and security of department employees, adults in custody, and the public. For these reasons, it is the policy of the Department of Corrections to maintain zero tolerance for significant security threat related behavior and activity by adults in custody under its custody and control. In furtherance of this policy, the Department of Corrections will:

(A) Identify and effectively manage adults in custody and groups of adults in custody that, in the judgment of the department, present an elevated security threat risk based on their criminal history, institutional conduct history, present behavior, interstate transfer status, escape history, custody level reassignment, intelligence, or other available information. Effective adult in custody management may include intensive interaction with the adult in custody by trained Security Threat Management managers, and the suspension, restriction, or modification of department programs and services on an individualized basis, in accordance with these rules. The department may utilize risk assessment tools to assist the department in identifying adults in custody that present an elevated security threat risk.

(B) Maintain an information network to monitor and control security threat behavior and activity and provide intelligence information to department staff.

(b) In cooperation with other criminal justice agencies, the Department of Corrections may share information regarding security threat behavior or activity of adults in custody or groups of adults in custody to assist in controlling criminal activity associated with these adults in custody. Security threat related behavior or activity that may include criminal conduct shall be referred to the Oregon State Police.

(c) Adults in custody under the jurisdiction of the Department of Corrections shall not encourage, promote, further, assist, or otherwise participate in any security threat behavior or activity as described in these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0210 Definitions

(1) Administrator of Special Operations: A department employee or designee assigned to coordinate communication between institution managers and STM Lieutenants; and monitor, conduct, develop and coordinate employee training.

(2) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Intelligence Analyst: A department employee with the responsibility of receiving incoming intelligence and data, analyzing information, predicting trends and activity, organizing information into a usable format, documenting information, and disseminating intelligence to appropriate stakeholders.

(4) Intelligence File: Those documents maintained by the Department of Corrections for administrative and case management purpose.

(5) Security Threat Activity: Adult in custody behavior which poses a significant threat to the safe and secure operation of the facility, including, but not limited to, threatening to or inflicting bodily injury on another person, posing a high risk of escape, promoting or engaging in disruptive group behavior, distributing a controlled substance, or being involved in any other activity that could significantly threaten the safe and secure operation of the facility.

(6) Security Threat Group (STG): Any group of two or more individuals who:

(a) Have a common group name, identifying symbol, or characteristic which serves to distinguish themselves from others.

(b) Have members, affiliates, or associates who individually or collectively engage, or have engaged, in a pattern of illicit activity or acts of misconduct that violates Oregon Department of Corrections rules.

(c) Have the potential to act in concert to present a threat, or potential threat, to staff, public, visitors, adults in custody, offenders, or the secure and orderly operation of the institution.

(7) Security Threat Group Paraphernalia: Any material, document(s) or items evidencing security threat group involvement or activities (e.g., rosters, constitutions, structures, codes, pictures, training material, clothing, communications, or other security threat group-related contraband).

(8) Security Threat Management (STM) Lieutenant: A department employee assigned to review and investigate suspected security threat activity; maintain and gather intelligence on security threat groups, adults in custody and their affiliates; directly manage the day-to-day activities of adults in custody identified as security threats; assist the Assistant Director of Operations or designee and the team responsible for STM coordination with institution managers; assist in monitoring, conducting, developing, and coordinating employee training; serve as liaison between the department and other local, state and federal law enforcement agencies and correctional institutions; and assist in managing the department’s overall security threat management program.

(9) Security Threat Management (STM) Unit: A unit of the Department of Corrections’ Operations Division consisting of the Administrator of Special Operations and STM Lieutenants.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2024, amend filed 08/29/2024, effective 08/29/2024
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0220 Institution Intelligence Officer(s)

Each functional unit manager shall designate one security manager or Assistant Superintendent of Security, and a designated backup, to act as the institution intelligence officer. This employee will be the direct liaison of STM intelligence information between the STM lieutenant and the institution. The purpose of this is to get intelligence information to the institution at a level capable of making immediate management decisions based on the intelligence received.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0230 Identification of AICs That Present Elevated Security Threat Risk

(1) The department will identify adults in custody and groups of adults in custody that present an elevated security threat risk for management by the department’s STM Unit.

(2) The department will identify adults in custody that present an elevated security threat risk based on the following:

(a) A predicate statement submitted by staff based on consideration of an adult in custody’s criminal history, institutional conduct history, present behavior, interstate transfer status, escape history, custody level reassignment, intelligence, or other available information;

(b) A risk assessment conducted by the department based on an AIC’s age, sentence length, type of offense, Security Threat Group (STG) affiliation, mental illness, and custody rating; or

(3) The STM Unit will maintain a record of all adults in custody identified by intelligence sources as affiliates of a security threat group who are actively supporting, promoting, or engaging in behavior which caused an elevated risk to the safety, security, orderly, or efficient operations of DOC facilities. These records will be kept in a secured area designated by the Assistant Director of Operations or designee.

(4) Any department employee who becomes aware of any adult in custody who may be engaged in or affiliated with security threat behavior or activity shall communicate such information to the appropriate STM Lieutenant. Each correctional facility will have an assigned STM Lieutenant, who may or may not be housed on-site, but will be responsible for management of STM related activity at their specific institutions.

(5) Upon receipt of security threat information, the STM Lieutenant will determine whether the information is valid. If the information is deemed valid, the STM Lieutenant will forward the information to the institution intelligence officer.

(6) The intelligence analyst will use various means to analyze and document the intelligence information. The intelligence analyst will then disseminate any applicable information to the appropriate STM Lieutenant, institution intelligence officer, functional unit manager, or other internal and external stakeholders.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2024, amend filed 08/29/2024, effective 08/29/2024
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0240 Reporting

The STM Unit will produce a periodic security threat management report and distribute the report to the Director, Deputy Director, Assistant Directors, Inspector General, Institutions Administrator, Chief of Security, institution functional unit managers, and other criminal justice agencies as requested or required by the Director or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0250 Discipline

(1) The hearings officers and adjudicators shall report all disciplinary actions which involve security threat related activity to the STM Lieutenant to assist in tracking security threat group activity, trends, etc.

(2) Any AIC found in violation of a rule(s) of prohibited AIC conduct which involved security threat activity may be subject to a review from the STM Unit.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0260 Security Threat Group Paraphernalia

All security threat group paraphernalia, as defined in this rule, is unauthorized and considered contraband within Department of Corrections facilities and is subject to confiscation. Security threat group paraphernalia may be used to further document and validate security threat group identification and classification.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0270 Management of AICs Presenting an Elevated Security Threat Risk

(1) AICs identified by the department as presenting an elevated security threat risk may be managed by the department’s STM Unit.

(2) AIC Management Plans: The STM Lieutenant will develop an approved AIC management plan for each AIC identified and assigned by the department for management by the department’s STM Unit.

(a) The AIC management plan will be in writing and describe the behavior or other circumstance(s) or information that resulted in the AIC’s identification as presenting an elevated threat risk, and the department’s corresponding program and behavior expectations for the AIC.

(b) The AIC management plan may direct the denial, removal, suspension, restriction, or modification of AIC programs, services, or activities ordered for the AIC to encourage the AIC to modify their behavior to conform to department rules, standards, and staff expectations, and to advance the AIC towards appropriate pro-social behavior, in accordance with these rules.

(c) The AIC management plan will document any denial, removal, suspension, restriction, or modification of AIC programs, services, or activities ordered for the AIC.

(d) The STM Lieutenant will provide each AIC with a copy of their own AIC management plan.

(3) Denial, Removal, Suspension, Restriction or Modification of AIC Programs, Services or Activities:

(a) Facility Programs, Work Assignments, and Clubs: An AIC under the management of the STM Unit may be denied participation in, or may be removed from, any work or program assignment, group activity, or club if the AIC’s participation is determined to present an undue risk to the safe, secure, orderly, or efficient operation and management of the facility or as a part of an approved AIC management plan.

(b) Other AIC Programs, Services, and Activities: An AIC under the management of the STM Unit may have other AIC programs, services, and activities suspended, restricted, or modified by the department. Programs, services, and activities that may be affected include, but are not limited to, recreation yard, housing assignments, work assignments, canteen use, telephone use (except legal calls), visiting (except attorney visits), mail (except legal mail), and television services.

(A) An AIC management plan that directs the suspension, restriction, or modification of programs or services to an AIC for 90 days or less requires the approval of an STM Lieutenant.

(B) An AIC management plan that directs the suspension, restriction, or modification of programs or services to an AIC in excess of 90 days requires the approval of the Assistant Director of Operations or designee.

(C) Any suspension, restriction, or modification of programs or services provided to an AIC will be in accordance with the STM Restriction Scale. (Attachment A).

(4) Temporary Placement in Disciplinary Segregation: With the approval of the functional unit manager or designee or the officer-in-charge, the STM Lieutenant may order the immediate temporary placement of an AIC in disciplinary segregation when in the STM Lieutenant’s judgment the assignment is necessary to further the department’s management of a specific security threat, or the safe, secure, orderly, or efficient operation and management of the facility. An AIC managed by the STM unit will not be placed in temporary segregation beyond 14 days; otherwise, the placement will be considered administrative segregation in accordance with DOC rule 291-046 Administrative Housing.

(5) Transfers:

(a) An AIC under management of the STM Unit may be transferred to any facility, in or out of state, in accordance with the adult in custody’s AIC management plan, the department’s overall security threat management plan, interstate compact agreements, and population or program management needs.

(b) The Interstate Compact Unit staff shall notify the Assistant Director of Operations or designee of any AIC requesting transfer to or from Oregon where security threat group affiliation or security threat behavior is suspected.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2024, amend filed 08/29/2024, effective 08/29/2024
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023
DOC 20-2020, amend filed 11/12/2020, effective 11/12/2020
DOC 8-2020, temporary amend filed 05/26/2020, effective 05/26/2020 through 11/21/2020
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Or. Admin. R. 291-069-0280 Administrative Review

(1) An adult in custody who has been identified by the department as presenting an elevated threat risk and has been assigned for management by the STM Unit may obtain an administrative review of the action in accordance with this rule, by submitting a written request for administrative review to the Assistant Director of Operations or designee at the department's central administrative offices.

(a) The administrative review request must specify the reason(s) why the adult in custody believes that their own elevated threat security risk identification is inappropriate. The request for review must also include any supporting documentation by the adult in custody to be considered in reviewing the appropriateness of the AIC’s elevated security threat risk identification.

(b) The Assistant Director of Operations or designee must receive the administrative review request within 15 days of the issuance of the AIC management plan to the adult in custody.

(2) Upon receipt of a timely written request for administrative review, the Assistant Director of Operations or designee will review the AIC’s elevated security threat risk identification and affirm or reverse the action as circumstances warrant. The decision of the Assistant Director of Operations or designee shall be final.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2024, amend filed 08/29/2024, effective 08/29/2024
DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023
DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023
DOC 13-2008, f. & cert. ef. 5-19-08
DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08

Division 70 RECORDS MANAGEMENT (ADULT IN CUSTODY AND ADULT ON SUPERVISION))

Or. Admin. R. 291-070-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish standards for the control, maintenance, and disposition of file materials pertaining to individuals in the custody or under the supervision of the Department of Corrections.

(3) Policy: It is the policy of the Oregon Department of Corrections that files for adults in the custody and under the supervision of the Department of Corrections will be maintained in a manner which assures the availability of file material necessary for case management. Additionally, relevant file material which serves to preserve a historical record of the individual's period of custody or supervision shall be maintained and retained for specified periods of time following the individual's release from custody or supervision.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
Renumbered from 291-070-0005 by DOC 9-2008, f. & cert. ef. 4-10-08
CD 23-1994, f. 12-21-94, cert. ef. 1-3-95
CD 17-1986, f. & ef. 6-30-86
CD 8-1986, f. 4-18-86, ef. 5-15-86
CD 50-1985, f. & ef. 8-16-85
CD 38-1983, f. & ef. 10-14-83
CD 21-1983(Temp), f. & ef. 5-16-83
CD 17-1982, f. & ef. 6-4-82
CD 54-1981(Temp), f. & ef. 12-10-81

Or. Admin. R. 291-070-0110 Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, probation, or post-prison supervision status.

(3) Archives: The state repository for public records having a legal or historical value but for which immediate access is not required. The location where the official files of Department of Correctional felony adults in custody and adults on supervision are permanently maintained.

(4) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(5) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(6) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional setting, the superintendent is the functional unit manager.

(7) Offender Information and Sentence Computation (OISC): The centralized functional unit which maintains working files after an adult in custody is released from a Department of Corrections facility.

(8) Record: Includes, but is not limited to, documents, books, papers, photographs, files, sound recordings, or machine-readable electronic records, regardless of physical form or characteristics, made, received, filed, or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use. (ORS 192.005)

(9) Retention Schedule: Either a General Schedule published by the State Archivist in the Oregon Administrative Rules in which certain common public records are described or listed by title and a retention period is established for each, or a Special Schedule approved by the state Archivist for the public records of a specific agency.

(10) Sealing Adult in Custody or Adult on Supervision Records: The physical sealing of file material by order of the court accomplished by the Offender Information and Sentence Computation unit.

(11) Working File: Those documents maintained in a Department of Corrections facility, community corrections office, or functional unit for administrative, operational, or case management purposes.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
Renumbered from 291-070-0010, DOC 9-2008, f. & cert. ef. 4-10-08
CD 4-1996, f. 5-23-96, cert. ef. 6-1-96
CD 23-1994, f. 12-21-94, cert. ef. 1-3-95
CD 17-1986, f. & ef. 6-30-86
CD 8-1986, f. 4-18-86, ef. 5-15-86
CD 50-1985, f. & ef. 8-16-85
CD 38-1983, f. & ef. 10-14-83
CD 21-1983(Temp), f. & ef. 5-16-83
CD 17-1982, f. & ef. 6-4-82
CD 54-1981(Temp), f. & ef. 12-10-81

Or. Admin. R. 291-070-0115 Working File

(1) Working files on all Department of Corrections adults in custody shall be established upon initial reception at a Department of Corrections facility or intake center.

(2) Working files shall remain decentralized to ensure that all employees that work with the files have access.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
DOC 9-2008, f. & cert. ef. 4-10-08

Or. Admin. R. 291-070-0120 Access to Files

(1) Only Department of Corrections employees or contractors, and representatives of criminal justice agencies may be authorized access to adult in custody and adult on supervision files. Department of Corrections employees shall request access to adult in custody or adult on supervision files for business purposes only directly related to the employee's current position duties and responsibilities.

(2) An example of acceptable access would include an employee reviewing an adult in custody or adult on supervision file because the adult in custody or adult on supervision is in the employee's housing unit or on the employee's caseload.

(3) An example of unacceptable access would include an employee reviewing the file on their neighbor for personal purposes.

(4) The Records Office is a restricted area; only individuals authorized by the Offender Information and Sentence Computation Administrator or institution functional unit manager shall enter the Records Office.

(5) In emergency situations, the institution functional unit manager or designee may designate an employee to enter the Records Office and remove working files.

(6) A list of these authorized individuals may be posted in the Records Office.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
DOC 14-2009, f. & cert. ef. 7-14-09
Reverted to DOC 9-2008, f. & cert. ef. 4-10-08
DOC 30-2008(Temp), f. & cert. ef. 12-16-08 thru 6-12-09
DOC 9-2008, f. & cert. ef. 4-10-08

Or. Admin. R. 291-070-0125 Transporting Working Files

(1) The department will use proper security controls for transportation of adult in custody and adult on supervision working files during transit between institutions, functional units, agencies, or customers.

(2) Each functional unit that sends, receives, or transports confidential or sensitive information is responsible to assure that the information is protected appropriately during transit from loss, destruction, or unauthorized access in accordance with the Department of Administrative Services Statewide Policy on Transporting Information Assets (DAS policy 107-004-100).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
DOC 9-2008, f. & cert. ef. 4-10-08

Or. Admin. R. 291-070-0130 Retention and Destruction of Adult in Custody and Adult on Supervision Records

(1) The State Archivist, who authorizes retention or disposition of public records to Oregon government agencies in the form of records retention schedules, provided a Special Schedule for the retention or disposition of adult in custody or adult on supervision working files.

(2) Centralized control over retention and disposition of all records will be in accordance with state statutes and applicable schedules.

(3) At the time of closure of community corrections working files, the closing summary and other required documents will be sent to Offender Information and Sentence Computation (OISC) for archiving in accordance with the State Office Operations Network approved protocol. Community corrections offices will retain working file documents in accordance with the State Archivist schedule.

(4) Medical, dental, and mental health treatment files on adults in the custody of the Department of Corrections will be maintained in accordance with the department’s rules on Health Services (OAR 291-124-0075).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
DOC 21-2009, f. & cert. ef. 11-20-09
DOC 9-2008, f. & cert. ef. 4-10-08

Or. Admin. R. 291-070-0135 Public Requests for Adult in Custody or Adult on Supervision Records

It is the responsibility of all persons accessing Department of Corrections adult in custody and adult on supervision files to ensure the confidentiality of and access to the files in strict accordance with the provisions outlined below:

(1) Adult in custody and adult on supervision files and records will be released in accordance with the department’s rules on Release of Public Records (OAR 291-037).

(2) Verbal inquiries regarding Department of Corrections files and records from any source, including the adult in custody, will be responded to in accordance with the department’s rules on Release of Public Information (OAR 291-039).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
DOC 9-2008, f. & cert. ef. 4-10-08

Or. Admin. R. 291-070-0140 Sealing of Adult in Custody or Adult on Supervision Records

(1) Sealing of a working file or record may only be accomplished after receipt of a certified order from the court.

(2) Upon receipt of a certified order directing a working file or record be sealed, when the adult in custody's or adult on supervision's file is available, community corrections staff will attach any and all adult in custody and adult on supervision material to the court order and forward the court order and file material to Offender Information and Sentence Computation (OISC) for sealing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2025, amend filed 09/30/2025, effective 10/01/2025
DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020
DOC 9-2008, f. & cert. ef. 4-10-08

Division 71 THERAPEUTIC RESTRAINTS (USE OF)

Or. Admin. R. 291-071-0010 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 & 423.075.

(2) Purpose: The purpose of this rule is to provide guidance and direction to staff responsible to assess, administer and evaluate the use of therapeutic restraints for medical or mental health treatment.

(3) Policy:

(a) It is the policy of the Department of Corrections to authorize the use of therapeutic restraints in the uses specified in this rule. In those circumstances where therapeutic restraints are authorized, the type, the amount and manner are further specified within this rule;

(b) The use of therapeutic restraints is authorized by the Director through the verbal or written order of a physician.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Or. Admin. R. 291-071-0020 Definitions

(1) Clinical Record: The record of mental health treatment provided to an inmate. This record is maintained as part of the inmate’s individual medical record.

(2) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation or post-prison supervision status.

(3) Therapeutic Restraint: A type of restraint applied to an inmate for medical or mental health treatment and designed to limit an inmate’s movements.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Or. Admin. R. 291-071-0030 Application

(1) Therapeutic restraints shall be used to control a mentally disordered inmate only in an emergency. An emergency exists when, because of an inmate’s behavior:

(a) There is a substantial likelihood of immediate harm to the inmate or others in the facility; or

(b) There is a substantial likelihood of significant property damage; or

(2) Therapeutic restraints shall only be applied by staff who have been trained in the use and application of such restraints.

(3) The kinds of restraints that may be used for therapeutic purposes include leather, rubber or cloth restraints for the arms, legs and upper torso.

(4) Devices used in the course of medical care which are not subject to this procedure include:

(a) Mechanisms which are usually and customarily employed during medical, surgical or diagnostic procedures (body restraint during surgery, arm restraint during intravenous administration, restraint during radiological procedures).

(b) Mechanisms which are used during patient care to provide protection, postural support or to assist with bodily function (bed rails, tabletop chairs, soft chest restraints, orthopedic appliances, wheelchairs).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Or. Admin. R. 291-071-0040 Authorization

(1) Therapeutic restraint shall be applied only upon the verbal or written order of a physician. In the absence of a physician, a registered nurse may authorize application of therapeutic restraint for a period not to exceed one hour. The nurse shall document the specific behavior which required application of therapeutic restraint in the inmate’s clinical record.

(2) A physician shall personally assess the inmate prior to or within three hours following application of therapeutic restraint to assess the inmate and evaluate the appropriateness of the use of therapeutic restraint.

(3) Any evaluation of the appropriateness of the use of therapeutic restraint by a nurse and/or physician shall include consideration of the following:

(a) The inmate’s behavior;

(b) The need to protect staff and others in the facility;

(d) The inmate’s response to various methods of control;

(e) The risk or degree of physical or psychological harm and discomfort that accompanies the use of therapeutic restraints; and

(f) The risk or degree of interference with the inmate’s treatment program, if any.

(4) The physician shall document the following in the inmate’s clinical record:

(a) The specific behavior which required application of therapeutic restraint;

(b) The inmate’s response to therapeutic restraint; and

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert.ef. 6-1-96

Or. Admin. R. 291-071-0050 Time Limits

(1) Any order authorizing use of therapeutic restraint expires after 12 hours.

(2) A physician may renew the order for a second 12-hour period.

(3) If therapeutic restraint is necessary for more than 24 consecutive hours, a second consulting physician must approve the order.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Or. Admin. R. 291-071-0060 Release

(1) An inmate will be released from therapeutic restraint by the officer-in-charge or clinical staff as soon as it is reasonable to believe the behavior authorizing use of therapeutic restraint will not immediately resume.

(2) Therapeutic restraint shall be terminated when two waking hours have passed during which the inmate has remained calm.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Or. Admin. R. 291-071-0070 Condition and Observation

(1) To the extent possible without endangering the inmate, staff or others in the facility, inmates in therapeutic restraint shall be:

(a) Offered fluids if capable of sitting up or laying on the side once every hour while awake or upon request;

(b) Offered the use of a toilet, bedpan or urinal once every hour while awake or upon request;

(c) Offered regular meals and the opportunity to maintain personal hygiene immediately before and after each meal as appropriate;

(d) Provided an opportunity to have exercise of at least ten minutes during each two hours of restraint. (These opportunities apply only during non-sleeping hours from 6:00 a.m. to 9:00 p.m.);

(e) Appropriately clothed which at a minimum includes underclothes, stockings and to be covered with a sheet.

(2) Within 30 minutes of the application of therapeutic restraint, an inmate will be medically examined and treated as necessary by a health care employee. This examination and any treatment rendered shall be documented in the inmate’s clinical record.

(3) An inmate in therapeutic restraint shall be observed by correctional staff at least every 15 minutes. These observations shall be documented in the inmate’s clinical record.

(4) A registered nurse shall observe and evaluate an inmate’s condition not less than once every two hours. Each observation and evaluation shall be documented in the clinical record.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Or. Admin. R. 291-071-0080 Review

(1) Any application of therapeutic restraint must be reported to the Director or designee within one working day of such application.

(2) The Director or designee will review and evaluate the appropriateness of each application of therapeutic restraint at least quarterly and prepare a written report summarizing the conclusion.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 5-1996, f. 5-23-96, cert. ef. 6-1-96

Division 72 ID CARDS (AIC)

Or. Admin. R. 291-072-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for the establishment of a photo identification card system for adults in custody (AIC) who are incarcerated in a Department of Corrections facility, and for the possession and use of the identification cards by adults in custody.

(3) Policy:

(a) It is the policy of the Department of Corrections to ensure positive identification of adults in custody by issuing a photo identification card to each adult in custody. The issuance and use of AIC identification cards are further specified in this rule.

(b) Establishment of a photo identification card system for adults in custody is authorized by the Director for use in each functional unit.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2020, minor correction filed 11/23/2020, effective 11/23/2020
DOC 23-2020, amend filed 11/23/2020, effective 11/23/2020
CD 6-1991, f. & cert. ef. 2-19-91
CD 16-1990(Temp), f. & cert. ef. 9-4-90

Or. Admin. R. 291-072-0007 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) AIC Identification Card: A photo identification card issued by the Department of Corrections to an AIC that must be displayed by the AIC on their person while incarcerated in a Department of Corrections facility in accordance with these rules. The AIC identification card is a permanent identification card that will be retained by and transferred with the AIC between Department of Corrections facilities.

(3) AIC Release Card: A photo identification card issued to an AIC upon their release from a Department of Corrections facility.

(4) Court Name: The AIC name as established and used by the Department of Corrections for use on an AIC’s case file, AIC identification card, medical file, etc., based on the name provided in the first judgment in the custody cycle sentencing an AIC to the custody of the Oregon Department of Corrections.

(5) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(6) Electronic Tracking Technology Systems (ETTS): Combinations of software and hardware that are used to monitor the location and authorized access of AICs.

(7) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and who has responsibility for delivery of program services or coordination of program operations. In an institution the functional unit manager is the superintendent.

(8) Legal Name: An alternative AIC name requested by an AIC that is a) materially different from the court name, b) supported by legal documentation of the AIC’s legal name and c) authorized for use by the Department of Corrections on the AIC’s case file, identification card, medical file, etc.

(9) Temporary AIC Identification Card: A temporary paper identification card issued by the Department of Corrections to an AIC that must be displayed by the AIC on their person while incarcerated in a Department of Corrections facility in accordance with these rules.

(10) True Name: An alternative name added to an AIC’s case file and used as an additional identifier when supporting documentation is received (e.g. legal name change, birth certificate, marriage license) to the satisfaction of the department.

(11) Visual Identifiers: Visible elements used in conjunction with identification cards such as mechanisms to hold and display cards, etc. which allow for rapid identification of information.

History

Statutory/Other Authority: ORS 423.020, 423.075, 423.030 & 179.040
Statutes/Other Implemented: ORS 423.020, 423.075, 423.030 & 179.040
DOC 23-2020, adopt filed 11/23/2020, effective 11/23/2020

Or. Admin. R. 291-072-0010 Procedures

(1) ID Card Issuance:

(a) The Department of Corrections shall issue an AIC identification card to each AIC upon their delivery to the Oregon Corrections Intake Center or other designated Department of Corrections facility.

(b) If identification cards must be issued after hours, staff shall follow the institution photo ID card process.

(c) All identification cards, except for the AIC release card, shall use the AIC’s court or legal name. AIC release cards will use the true name if it is validated in the DOC 400 Corrections Information System (CIS).

(d) Management plan indicators may be printed on the back of the identification card.

(2) Identification Card Categories:

(a) Temporary Identification Cards:

(A) AIC paper identification card: paper color determined by institution

(B) LOP or STM on active restrictions: Yellow

(D) Lost or damaged identification card: Green (an orange card may be used for Level 1)

(E) Privileges while using a temporary identification card will be determined by the institution.

(F) Bar codes may be attached to the back of temporary identification card for AIC tracking purposes.

(b) AIC Release Card: White PVC with green band fading to white

(d) Level 1: Orange PVC

(e) Level 2: White PVC with red band fading into white

(f) Level 3: Level 2 identification card with silver, holographic tamper resistant “NCI 3” sticker

(3) Identification Card Display: Once issued an AIC identification card, an AIC must always display it on their person via a method determined by the functional unit manager, except in designated areas of the facility or during activities expressly authorized by the functional unit manager. Each functional unit manager may designate areas of the facilities or activities during which AICs may not be required to display their cards; such as, in the immediate vicinity of their assigned housing area, during a recreation activity, or while attending a work assignment where it may pose a risk of safety hazard. AICs will be required to maintain their identification cards on their person until the time of discharge or release from a Department of Corrections facility.

(4) Identification Card Replacement:

(a) An identification card that supervising correctional staff determine requires replacement to correct inaccurate information shall be replaced by the Department without cost to the AIC.

(b) An identification card that supervising correctional staff determine requires replacement to reflect a material change in the AIC’s appearance shall be replaced by the Department without cost to the AIC. Staff will use reasonable efforts to review AIC photos on identification cards every two years to determine whether they need updating.

(c) An identification card that supervising correctional staff determine has been damaged, destroyed, altered or lost by an AIC shall be replaced by the Department. The AIC’s trust account will be assessed a charge of five dollars for the replacement identification card.

(d) The Department will issue a replacement identification card to an AIC at the AIC’s request to reflect a change in the AIC’s legal name. The AIC’s trust account may be assessed a charge of five dollars for the replacement identification card.

(5) Electronic Tracking Technology Systems (ETTS): ETTS using AIC identification cards are authorized for use in Department of Corrections facilities at the discretion of the functional unit manager based on facility needs.

(6) Visual Identifiers: Visual identifiers are authorized for use in conjunction with AIC identification cards in Department of Corrections facilities at the discretion of the functional unit manager or designee based on facility needs.

(7) Disciplinary Action: An AIC will be subject to disciplinary action for the following conduct associated with an identification card, ETTS, or visual identifiers:

(a) unauthorized use of an identification card;

(b) failure to surrender an identification card when directed to do so by a Department of Corrections or Oregon Corrections Enterprises employee, volunteer, or contractor staff; or

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2020, amend filed 11/23/2020, effective 11/23/2020
DOC 8-2001, f. & cert. ef. 3-21-01
CD 6-1991, f. & cert. ef. 2-19-91
CD 16-1990(Temp), f. & cert. ef. 9-4-90

Division 73 MANDATORY AND DESIRABLE CRITERIA FOR SITING CORRECTIONAL FACILITIES

Or. Admin. R. 291-073-0010 Authority and Purpose

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.614, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of this rule is to establish mandatory and desirable criteria to be used in the nomination of sites for the construction and operation of Oregon correctional facilities.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 13-1996, f. & cert. ef. 10-1-96
CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97

Or. Admin. R. 291-073-0020 Mandatory Criteria for all Sites

The mandatory criteria for all sites (including medium security and minimum work camps) are listed below. They are not in any order of preference.

(1) A proposed site must be available by purchase, condemnation, exchange or otherwise.

(2) A proposed site must be of sufficient size and shape to accommodate the planned facility and its operation.

(3) A proposed site must not be located in a 100-year flood plain as defined by a current FEMA map.

(4) A proposed site must not be in a designated tsunami inundation zone.

(5) A proposed site must have infrastructure available either on-site or such that they can be provided and maintained cost effectively. This infrastructure includes:

(a) Water for domestic use, fire protection, and irrigation;

(b) Sanitary sewer collection and treatment;

(d) Electricity, natural gas and/or oil or propane and telecommunications.

(6) A proposed site must be served by road or highway system capable of supporting the planned facility. New roadway construction or roadway improvements (if required) must be able to be constructed at a reasonable cost and be ready at the time the facility is scheduled to be opened.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
CD 13-1996, f. & cert. ef. 10-1-96
CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97

Or. Admin. R. 291-073-0030 Desirable Criteria for Medium Security Sites

The desirable criteria for medium security sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered.

(1) A proposed site which is available at little or no cost.

(2) A proposed site which has 200–300 acres with 300 acres being the preferred size.

(3) A proposed site which is square or nearly so.

(4) A proposed site which is relatively flat to minimize earthwork, foundation, construction costs, and surface or subsurface drainage construction costs.

(5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges.

(6) A proposed site which is not adjacent to a school unless the parcel is buffered.

(7) A proposed site which is not adjacent to a developed single-family or multi-family residential area unless the parcel is buffered.

(8) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity.

(9) A proposed site with existing buildings that can be remodeled for utilization in new construction.

(10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage, or subsurface high-water table.

(11) A proposed site not having an environmental, ecological, cultural, or historic feature or condition which cannot be mitigated with remediation or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to, wetlands, historic or culturally significant sites, or habitat for federally designated threatened and endangered species.

(12) A proposed site that maximizes the use of present Department of Corrections facilities and considers such institution management issues as warehousing, adult in custody transportation, and adult in custody management, etc.

(13) A proposed site which has judicial, emergency, and support services availability:

(a) Fifteen minutes or less to local or state police, full-service fire department, and emergency medical transport or care;

(b) Sixty minutes or less to a National Guard unit;

(c) Forty-five minutes or less response time from licensed full service in-patient care hospital that accepts Oregon Health Plan payment;

(d) Forty-five minutes or less to educational institutions to provide GED or vocational-technical programs for adults in custody;

(e) Ninety minutes or less to higher education opportunities for staff development;

(f) Adequate providers of support services to adults in custody, including counseling, religious, job training, and education; and

(g) Reasonable access to court facilities.

(14) A proposed site that can demonstrate eminent opportunity for adult in custody work by either the public or private sector. Sites that have Oregon enterprise zone designations that may be of assistance in attracting a private partner using adult in custody labor.

(15) A proposed site which is in close proximity to a population area from which a large number of adults in custody originate.

(16) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community.

(17) A proposed site which is served by an interstate or major arterial roadway. Paved (providing year around service, two lanes, maintained by state, city, or county) interstate access is preferable.

(18) A proposed site with convenient access by public transportation including commercial airport, surface transportation, and public accommodations such as hotel or motel facilities.

(19) A proposed site with a community of 30,000 population or greater within a 60-mile radius with:

(a) Substantiation of an adequate workforce;

(b) Demonstration of the ability of the community to provide for or develop adequate housing and other community services, including primary and secondary schools;

(d) Community ability to cost effectively provide food, fuel, equipment, spare parts, and maintenance to the facility.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
DOC 7-2022, amend filed 08/16/2022, effective 08/16/2022
CD 13-1996, f. & cert. ef. 10-1-96
CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97

Or. Admin. R. 291-073-0040 Desirable Criteria for Minimum Security Work Camp Sites

The desirable criteria for minimum security work camps sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered.

(1) A proposed site which is available at little or no cost.

(2) A proposed site which has 25–30 acres with 30 acres being the preferred size.

(3) A proposed site which is square or nearly so.

(4) A proposed site in which the topography will minimize earthwork, foundation, construction costs, and surface or subsurface drainage construction costs.

(5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges.

(6) A proposed site which is rural; isolated locations are appropriate.

(7) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity.

(8) A proposed site which has appropriate soil percolation capacity to use septic tank and drain field if one is proposed for the site.

(9) A proposed site with existing buildings that can be remodeled for utilization in new construction.

(10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage, or subsurface high-water table.

(11) A proposed site not having an environmental, ecological, cultural, or historic feature or condition which cannot be mitigated with remediation or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to wetlands, historic or culturally significant sites, or habitat for federally designated threatened and endangered species.

(13) A proposed site which has judicial, emergency, and support services availability:

(a) Thirty minutes or less to local or state police, full-service fire department, and emergency medical transport or care; and

(b) Sixty minutes or less response time from licensed full service in-patient care hospital that accepts Oregon Health Plan payment.

(14) A proposed site which can identify adult in custody work opportunities by either the public or private sector.

(15) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community.

(16) A community able to cost-effectively provide:

(a) Food, fuel, equipment, spare parts, and maintenance to the facility; and

(b) Support services to adults in custody, including counseling, religious, job training, and education.

History

Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075
DOC 7-2022, amend filed 08/16/2022, effective 08/16/2022
CD 13-1996, f. & cert. ef. 10-1-96
CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97

Or. Admin. R. 291-073-0100 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish as policy of the Department of Corrections the appropriate utilization of approximately 104 acres of real property owned by the department situated in Marion County, Oregon, inside the City of Salem bordering the Oregon State Correctional Institution described in Exhibit A and hereinafter referred to as the "Savanna Haven Property."

(3) Policy:

(a) As provided in the Oregon Sustainability Act, ORS 184.423, Oregon agencies, in their operations, “should help reduce adverse impacts on native habitats and species and help restore ecological processes.”

(b) The department understands that utilization of the Savanna Haven Property must be in compliance with the following:

(A) ORS 184.423;

(B) ORS 276.054;

(D) Salem Area Comprehensive Plan (Southeast Salem Area Plan).

(c) Consistent with the Oregon Sustainability Act and with the values and purposes described more fully below, it is the policy of the Department of Corrections to maintain and utilize the Savanna Haven Property in a manner that preserves the habitat values of the existing oak savanna and secures the area from commercial and industrial encroachment, as set forth in these rules.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 184.423, 276.054, 423.020, 423.030 & 423.075
DOC 8-2014, f. & cert. ef. 3-3-14

Or. Admin. R. 291-073-0110 Utilization

(1) The Savanna Haven Property is a relatively undeveloped area that possesses scenic, aesthetic, open space, agricultural, natural resources, and wildlife habitat values (collectively "conservation values") of great importance to the people of Marion County and the State of Oregon. Among the specific conservation values of the Savanna Haven Property are valuable ecological systems and plant communities, including but not limited to the following:

(a) Vegetative communities ranging from grassland and oak savanna to mixed Oregon white oak and conifer woodlands;

(b) Bird species such as the acorn woodpecker, white breasted nuthatch, and American kestrel rely upon the savanna (grassland interspersed with oak groves), the woodland, or both for nesting and feeding grounds.

(2) The Department of Corrections understands the people of Marion County have a significant interest in the department’s maintenance and utilization of the Savanna Haven Property, particularly those individuals and organizations who own land bordering the Savanna Haven Property. Accordingly, and consistent with purposes, policy and values described in these rules, the department intends the Savanna Haven Property be maintained in the manner prescribed in subsection (3) of this rule and utilization of the property be limited to those activities specified in subsection (4) of this rule.

(3) The Savanna Haven Property shall be maintained as described below:

(a) Existing Buildings: Three barns currently exist on the property.

(A) The existing buildings on the property will be used and maintained by the department.

(B) If any buildings or structures on the property are damaged and present a safety hazard they will be repaired or demolished at the department’s sole discretion.

(b) Existing Roadways: Maintenance of unpaved access roads for necessary improvements and uses permitted on the property are permitted, but limited to agricultural and maintenance uses.

(A) The gravel roadways providing maintenance and emergency access to the property will be maintained as appropriate.

(B) No portion of the property shall be paved or otherwise covered with concrete, asphalt or any other surface material other than gravel.

(A) Areas of significant natural resource and habitat value may be restored and maintained.

(B) The control of non-native vegetation by removal or herbicide application is permissible.

(d) It is specially noted that in restoration of Willamette Valley oak woodland and savannah habitat, selective or complete removal of Douglas-fir is a normal professional restoration practice. Douglas-fir trees may be removed from the property to improve the habitat value of the savannah and woodlands.

(4) Permissible activities of the Savanna Haven Property include the following:

(a) Agricultural production limited to the following:

(A) Grass hay production and harvesting in the field area surrounding the existing barns. The primary benefit of the grass hay production and harvesting will be weed and fire danger control.

(B) Plant, raise and harvest non-wholesale/retail nursery stock for use by the agencies of the State of Oregon.

(b) Educational opportunities including, but not limited to:

(A) Utilization of portions of the property to engage in approved programs of education, training, and restorative activities.

(B) Making the property available for use as a field study site for educational programs offered by colleges and universities.

(c) Signage: The department may place signs on the property, including but not limited to, signs to identify boundaries and plant species.

(5) If there are any changes to the utilization of the Savanna Haven Property as specified in this rule, the department shall provide reasonable opportunity for public comment by scheduling a rulemaking hearing. Pursuant to ORS 183.335, the department shall give notice of the rulemaking hearing to the following:

(a) Legislators as specified in ORS 183.335(15);

(b) Interested parties maintained on the department’s mailing list pursuant to ORS 183.335(8);

(d) City of Salem Public Works Director; and

(e) Marion County Planning Director.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 184.423, 276.054, 423.020, 423.030 & 423.075
DOC 8-2014, f. & cert. ef. 3-3-14

Division 75 CITIZEN COMPLAINTS

Or. Admin. R. 291-075-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to provide for the reporting, receipt, investigation, and resolution of citizen complaints concerning the Department of Corrections, its employees, and inmates and offenders under its jurisdiction.

(3) Policy: It is the policy of the Department of Corrections that citizen complaints about the Department of Corrections personnel, programs and operations shall be logged and promptly investigated. Corrective action shall be taken if indicated, and a response furnished to the complainant.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 7-1992, f. 3-27-92, cert. ef. 3-31-92
CD 11-1987, f. & ef. 1-22-87
CD 13-1985, f. & ef. 7-31-85
CD 46-1983, f. & ef. 12-2-83
CD 30-1983(Temp), f. & ef. 9-1-83

Or. Admin. R. 291-075-0010 Definitions

(1) Citizen Complaint: Any person writing to the Governor’s Office requesting a response regarding the Oregon Department of Corrections.

(2) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an assistant director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.

(3) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2010, f. & cert. ef. 9-15-10
DOC 14-2000, f. & cert. ef. 6-19-00
DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
CD 7-1992, f. 3-27-92, cert. ef. 3-31-92
CD 11-1987, f. & ef. 1-22-87
CD 13-1985, f. & ef. 7-31-85
CD 46-1983, f. & ef. 12-2-83
CD 30-1983(Temp), f. & ef. 9-1-83

Or. Admin. R. 291-075-0015 Procedures

(1) All citizen complaints directed to the Governor’s Office and forwarded to the Department of Corrections regarding the Department or Oregon Corrections Enterprises shall be reviewed and logged by the Director’s designee. The citizen complaint shall be assigned to the functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office for investigation. All complaints alleging criminal conduct will be referred to the Oregon State Police by the Inspector General for review and investigation as appropriate.

(a) The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall investigate the complaint and submit a response to the Director’s designee within the assigned timeframe. The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall recommend corrective action if the investigation reveals such action is needed.

(b) Where necessary corrective action has been recommended, that action shall be taken upon the approval of the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office. When a letter of response is needed, the letter shall be prepared with the signature of the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office as appropriate.

(c) A response delineating the investigation and action taken shall be signed by the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office and given to the complainant within the assigned timeframe. A copy of the response will be forwarded to the Governor’s Office. If additional investigation time is required, the Governor’s Office will be informed in advance so that the complainant will be appropriately notified.

(2) Citizen complaints received by a functional unit or Oregon Corrections Enterprises shall be promptly investigated by the functional unit manager or designee at the location where the complaint is received and a response prepared and returned to the complainant within the assigned timeframe.

(3) A record will be kept of all complaints received, responses, and supporting documentation. The record shall be retained for a minimum of three years by the Director’s designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2010, f. & cert. ef. 9-15-10
DOC 14-2000, f. & cert. ef. 6-19-00
DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
CD 7-1992, f. 3-27-92, cert. ef. 3-31-92
CD 11-1987, f. & ef. 1-22-87
CD 13-1985, f. & ef. 7-31-85
CD 46-1983, f. & ef. 12-2-83
CD 30-1983(Temp), f. & ef. 9-1-83

Division 76 SUICIDE PREVENTION IN CORRECTIONAL FACILITIES

Or. Admin. R. 291-076-0010 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to prevent suicides among the adult in custody population.

(3) Policy: It is the policy of the Department of Corrections to provide immediate assistance whenever an adult in custody demonstrates or is reported to be at risk of self-directed violence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2026, amend filed 04/24/2026, effective 04/24/2026
CD 4-1997, f. & cert. ef. 2-12-97

Or. Admin. R. 291-076-0020 Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Behavioral Health Services (BHS): A unit within Oregon Department of Corrections Health Services with primary responsibility for the assessment and treatment of adults in custody with mental illness and intellectual disabilities.

(3) Mental Health Provider: Any person employed by the department or engaged by contract with the department for the explicit purpose of providing mental health services.

(4) Self-Directed Violence: Behavior that is self-directed and deliberately results in injury or the potential for injury to oneself. Self-Directed Violence may be non-suicidal, suicidal or undetermined.

(5) Suicide Assessment: A brief but formal assessment of mental status, conducted by a mental health provider or by a registered nurse in consultation with a mental health provider, concluding with a judged level of suicidal risk.

(6) Suicide Close Observation: Unobstructed visual observation of the adult in custody is required at staggered intervals, not to exceed 15 minutes, with recorded observation within each 15-minute interval.

(7) Suicide Warning Signs: The following list provides some of the indicators of suicide potential:

(a) Talk of suicide, threats of suicide;

(b) Extreme sadness or crying;

(d) Loss of appetite or weight;

(e) Walking or completing tasks at an unusually slow speed;

(f) Difficulty concentrating or thinking;

(g) Sleep disturbances;

(h) Emotional flatness; seems numb, non-reactive;

(i) Difficulty carrying out routine tasks (for example, eating, dressing, etc.);

(j) Tension and agitation; inability to relax or sit still, pacing, hand wringing;

(k) Withdrawal, silent, uncommunicative;

(l) Pessimistic attitude about the future;

(m) Emotional outbursts, sudden expression of anger for no apparent reason; or

(n) Feeling of hopelessness and helplessness.

(8) Suicide Watch: Continuous and unobstructed one-to-one view of the adult in custody is required at all times with recorded observation within each 15-minute interval.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2026, amend filed 04/24/2026, effective 04/24/2026
DOC 20-2008, f. & cert. ef. 8-14-08
DOC 23-2000, f. & cert. ef. 11-6-00
CD 4-1997, f. & cert. ef. 2-12-97

Or. Admin. R. 291-076-0030 Procedures

(1) Identification: All new admissions to the Department of Corrections will receive a mental health screening interview as part of the intake process. The mental health screening will include mental health history, suicide potential, and evidence of psychosis or other acute mental health emergency.

(2) Training: All employees having direct contact with adults in custody will receive suicide prevention training.

(a) Suicide warning signs, prevention strategies, and response procedures will be present in New Employee Orientation and in annual in-service training.

(b) Suicide prevention training curriculum will be approved by the Administrator of Behavioral Health Services.

(c) Additional training is required of employees in special housing units where adults in custody with mental illness are at high risk for suicide

(3) Referral: Adults in custody with significant potential for self-directed violence or who are displaying suicide warning signs should be referred to Behavioral Health Services for evaluation.

(4) Assessment: Any department employee, upon concluding that sufficient suicide warning signs are present to merit concern, should immediately notify a registered nurse or mental health provider. A mental health provider, or a registered nurse in consultation with a mental health provider, will then determine if suicide risk is present.

(a) When an adult in custody is placed on suicide watch or suicide close observation, the adult in custody should be reassessed by a registered nurse every four hours and the placement reviewed by a mental health provider within 24 hours, in person or by phone, and at least once every 24-hour period thereafter.

(b) At those facilities without 24-hour nursing coverage, a suicide assessment will be completed every four hours when nursing employees are on duty, or at the end of the last shift and the beginning of the next shift if there is more than four hours without nursing employees on duty. During the interim, specific written instructions shall be given to the officer-in-charge regarding what actions should be taken if the adult in custody's mental status appears to deteriorate, or if any acts of self-directed violence are carried out.

(c) All suicide assessment, reassessments, adult in custody responses, as well as any written instructions which are given to the officer-in-charge, will be documented in the adult in custody’s Health Services file.

(5) Monitoring - Suicide Watch (high risk): The officer-in-charge shall be responsible for placing an adult in custody on suicide watch based on instruction from a mental health provider or from a registered nurse in consultation with a mental health provider. The officer-in-charge may initiate a suicide watch until a registered nurse or mental health provider arrives.

(a) An adult in custody on suicide watch shall always be under continuous and unobstructed one-to-one observation.

(b) When an adult in custody is placed on suicide watch, the officer-in-charge shall remove from the adult in custody’s living area any items that pose a threat for self-directed violence, based on instruction from a mental health provider or from a registered nurse in consultation with a mental health provider.

(c) Any adult in custody placed on suicide watch will remain in this status until a mental health provider, or a registered nurse in consultation with a mental health provider, determines that the suicide watch is no longer necessary and has notified the officer-in-charge. The officer-in-charge will then order the suicide watch discontinued and property will be returned as instructed.

(d) If the mental health provider decides to maintain an adult in custody on suicide watch past 48 hours, the Behavioral Health Services manager will consult with Mental Health Infirmary to determine whether a Mental Health Infirmary referral is clinically indicated.

(6) Monitoring - Suicide Close Observation (moderate risk): The officer-in-charge shall be responsible for placing an adult in custody on suicide close observation based on instruction from a mental health provider or from a registered nurse in consultation with a mental health provider. The officer-in-charge may initiate suicide close observation until a registered nurse or mental health provider arrives.

(a) Suicide close observation requires unobstructed one-to-one observation of the adult in custody at staggered intervals, not to exceed 15 minutes (for example, 9:15, 9:25, 9:34, 9:49, 10:00).

(b) When an adult in custody is placed on suicide close observation, the officer-in-charge shall remove from the adult in custody’s living area items that pose a threat for self-directed violence based on instruction from a mental health provider or from a registered nurse in consultation with a mental health provider.

(c) Any adult in custody placed on suicide close observation will remain in this status until a mental health provider, or a registered nurse in consultation with a mental health provider, determines that the suicide close observation is no longer necessary and has notified the officer-in-charge. The officer-in-charge will then order the suicide close observation discontinued and property will be returned according to instruction.

(7) Housing: Adults in custody on suicide watch or suicide close observation may be housed in a segregation cell, special housing, or other cell modified and designated for suicide prevention. The cell must provide an unobstructed view of the adult in custody so they can be observed either continuously or at staggered intervals, as required. Property may be restricted as instructed.

(a) A mental health provider should be consulted to determine the most appropriate housing for the adult in custody. If, after this determination, a mental health provider or a registered nurse in consultation with a mental health provider, concludes that the adult in custody cannot be safely maintained at the current facility while on suicide watch or suicide close observation (particularly in facilities without 24-hour nursing coverage), arrangements will be made to transfer the adult in custody to an appropriate facility for observation and intervention.

(b) The mental health provider or registered nurse in consultation with a mental health provider will communicate the details of the case to a mental health provider and registered nurse at the receiving facility before the adult in custody arrives at the receiving facility.

(8) Communication: Throughout the process of suicide risk assessment and intervention, department employees and mental health providers will work closely together to ensure adequate and effective communication.

(9) Intervention: If an employee observes an adult in custody actively engaging in self-directed violence, the following steps will be followed using universal blood and body fluid precautions:

(a) Call for assistance.

(b) If it is a hanging, the employee shall immediately cut and remove any ligatures or other tools used to restrict breathing or blood circulation.

(c) Emergency first aid procedures should be followed in the event of any self-directed violence and should be continued until Medical Services employees arrive and give further instructions.

(d) First aid procedures will be continued until relieved by Medical Services employees regardless of belief that the adult in custody is no longer alive.

(10) Notification and Reporting: The officer-in-charge will be responsible for initiating the facility’s notification process of any attempted suicide. The notification will include the Behavioral Health Services manager or designee for the facility where the attempted suicide took place. In the event of a completed suicide, the notification will include the Behavioral Health Services manager or designee and the Behavioral Health Services Administrator or designee for the facility where the completed suicide took place.

(11) The department’s rules on Death (AIC) (OAR 291-027) and Emergency Preparedness (OAR 291-053) will be followed in the event of a completed suicide.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2026, amend filed 04/24/2026, effective 04/24/2026
DOC 20-2008, f. & cert. ef. 8-14-08
DOC 23-2000, f. & cert. ef. 11-6-00
CD 4-1997, f. & cert. ef. 2-12-97

Or. Admin. R. 291-076-0040 Review of Incidents Involving Suspected Self-Harm

(1) Review: In the event of the unexpected death of an adult in custody, including a death that is suspected to be caused by, related to, or associated with an act of self-harm, the Inspector General will conduct an Unexpected Death Review in accordance with the department’s rules on Death (AIC) (OAR 291-027).

(2) The Director, Deputy Director, Inspector General, Assistant Director of Health Services, Assistant Director of Operations, or Behavioral Health Services Administrator may request a review from a multi-disciplinary team, as described in (1) above, of any incident involving suspected self-harm by an adult in custody that presented a substantial risk of serious injury or death.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 19-2026, amend filed 06/08/2026, effective 06/08/2026
DOC 6-2026, temporary amend filed 03/24/2026, effective 03/31/2026 through 09/26/2026
DOC 17-2025, temporary suspend filed 10/02/2025, effective 10/02/2025 through 03/30/2026
DOC 20-2008, f. & cert. ef. 8-14-08

Division 77 PERFORMANCE RECOGNITION AND AWARD SYSTEM

Or. Admin. R. 291-077-0010 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.440, 423.020, 423.030, and 423.075 and Article I, Section 41 of the Oregon Constitution.

(2) Purpose: The purpose of this rule is to establish Department of Corrections policy and procedures governing its provision and distribution of monetary awards and other incentives to inmates made under the department’s Performance Recognition and Awards System (PRAS).

(3) Policy:

(a) Within the inherent limitations of resources and the need for facility security, safety, health and order, it is the policy of the Department of Corrections to make available to inmates monetary awards and other incentives to recognize and encourage good institutional conduct. This includes exceptional performance in work and workforce development assignments and in self-improvement programs that address the criminal behaviors that led to their incarceration.

(b) Monetary awards provided to inmates under the PRAS and these rules are made available solely at the discretion of the Department, and may include the following:

(A) Performance awards that support the development of good performance and behaviors by inmates in Department of Corrections facilities; and

(B) Special Meritorious Awards that reward exceptional acts or behaviors by inmates that contribute to the safe and orderly operation of Department of Corrections facilities.

(c) Non-Monetary Incentives: Functional unit managers will examine the assets and practices of their facility and develop and implement non-monetary incentives that support the mission of the Department of Corrections and motivate inmates toward positive institutional behaviors and program compliance.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03
Reverted to CD 7-1997, f. 5-19-97, cert. ef. 6-1-97
DOC 22-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 3-29-01
CD 7-1997, f. 5-19-97, cert. ef. 6-1-97
CD 1-1997(Temp), f. & cert. ef. 2-1-97
CD 21-1996(Temp), f. & cert. ef. 12-3-96

Or. Admin. R. 291-077-0020 Definitions

(1) Approved Programming: Inmate program assignments which are in compliance with the inmate’s Oregon Corrections Plan or Article I, Section 41 of the Oregon Constitution.

(2) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director, or administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional facility, the superintendent is the functional unit manager.

(3) General Population: For the purposes of these rules, any housing assignment that is not special housing as described in section (8) below including general population inmates out to court or out of the facility for medical or other reasons.

(4) Non-Monetary Incentive Program (also called Non-Cash Incentives Program): A program developed to enhance PRAS. This system will utilize “non-cash” items or activities to recognize inmates for their past and continued successful performance in approved programming and good institutional conduct.

(5) Performance Awards: Monthly monetary awards made to inmates at the discretion of the department to support the development of good performance and behavior and provide inmates with incentives to fully participate in programs that address criminal thinking, workforce development needs, substance abuse problems, and other contributors to their criminal behavior.

(6) Program Failure: Removal from a program for failure to satisfactorily perform in a program assignment or refusal to participate in a recommended or required program.

(7) Qualifying Programs: Any qualifying inmate assignment, including work, training, treatment and workforce development. Qualifying programs may include, but are not limited to the following:

(a) Work based education (WBE) program assignments in which inmates perform a service or produce a product. Many of the programs may include both training and production components.

(b) Treatment assignments that address diagnosed mental or behavioral problems that are barriers to successful employment, including but not limited to, alcohol and drug treatment or mental health day treatment; and

(c) Workforce development assignments intended to remove educational barriers (e.g., Adult Basic Education (ABE) or English as a Second Language (ESL)) or address personal deficits (e.g., Anger Management or Basic Living Skills) that impede employment.

(8) Special Housing: For purposes of these rules, special housing includes inmates housed in the following:

(a) Administrative Segregation;

(b) Disciplinary Segregation;

(d) Intensive Management Unit; and

(e) Special Management Unit.

(9) Special Meritorious Awards: Monetary awards made to inmates at the discretion of the department to reward exceptional acts or behaviors that contribute to the safe and orderly operation of the facility, result in reductions in the cost of government, or recognize achievements in meeting team goals in a work or training assignment.

(10) Visitation Enhancements: Additional options over and above those mandated in the rule on Visiting (OAR 291-127). (Examples may include extra visiting points or different visiting hours.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 1-2006, f. & cert. ef. 2-15-06
DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03
DOC 15-2001, f. & cert. ef. 7-9-01
DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01
CD 7-1997, f. 5-19-97, cert. ef. 6-1-97
CD 21-1996(Temp), f. & cert. ef. 12-3-96

Or. Admin. R. 291-077-0030 Performance Awards

(1) All inmates housed in a Department of Corrections facility, or housed with a designated outside agency while participating in a work release program administered under the authority of the Department of Corrections, except inmates who are provided compensation by the department or Oregon Corrections Enterprises for their daily full-time participation in a Prison Industries Enhancement (PIE) certified inmate work program, may be considered at the discretion of the department for a monthly performance award in accordance with these rules.

(2) The awards will be made based on three primary considerations: the level of responsibility associated with an inmate's program assignments; the level of performance demonstrated by the inmate in his/her program assignments; and the inmate's institutional conduct. Individual performance awards will be determined based on each eligible inmate's total monthly performance points.

(3) Daily Points: The department will credit each eligible inmate with points equal to the value of the responsibility level for the inmate’s program assignment for each day of satisfactory work performance of a qualifying program. Satisfactory level of performance will be determined on a pass/fail basis. The total points credited to the inmate for each day equals the inmate’s daily points.

(4) Monthly Performance Points:

(a) Each month the department will add together the inmate’s daily points for that month to determine the inmate’s monthly performance points. The monetary awards associated with specific ranges of accrued points earned during the month are set forth in Appendix A.

(b) The department will deduct a fixed percentage of each performance award made to inmates under these rules, to be credited to a general victims assistance fund. The department will credit the remainder of any monetary award to each recipient inmate’s trust account.

(5) Responsibility Level: The department will assign a level of responsibility for each qualifying program assignment. The Assistant Director of Operations or designee will determine a specific responsibility level for each qualifying program.

(a) Qualifying program assignments will be assigned a responsibility level determined from a job description from the Department of Labor, Dictionary of Occupational Trades (DOT) that best describes the duties of the assignment. Each DOT job description includes skill level rating for specific vocational preparation (SV), reasoning, language and math.

(b) The Assistant Director for of Operations or designee may assign a qualifying program assignment a responsibility level that differs from the DOT job description when deemed appropriate to more accurately reflect the level of responsibility associated with a particular program assignment in a correctional setting. However, in no case will the responsibility level be assigned based on the monetary value of the inmate’s work to the facility or any public agency or private enterprise.

(6) Satisfactory Performance: Program supervisors will submit to the functional unit manager or designee, their daily pass/fail assessment for each inmate’s performance in each qualifying program. The daily assessment will be based on the inmate’s attendance, performance quality, performance effort, interpersonal communications with staff and fellow inmates, self-improvement effort, and ability to follow directions.

(7) Multiple Program Assignments: Inmates will be credited with points from only one assignment in the work program category and one assignment in the work-based education/treatment category in any given day. Inmates will be credited with points from the highest responsibility level in each of the two categories in a specific day. A failing level of performance in any of the program assignment category will result in no points being awarded in that category for that day.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 9-2023, amend filed 05/16/2023, effective 05/16/2023
DOC 13-2019, amend filed 06/24/2019, effective 06/24/2019
DOC 8-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 09/27/2019
DOC 1-2006, f. & cert. ef. 2-15-06
DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03
DOC 13-2003, f. & cert. ef. 8-22-03
DOC 4-2003(Temp) f. 2-20-03, cert. ef. 2-28-03 thru 8-24-03
DOC 1-2001, f. & cert. ef. 1-11-01
DOC 22-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 3-29-01
DOC 15-1998, f. 6-24-98, cert. ef. 6-29-98
CD 31-1997(Temp), f. 12-24-97, cert. ef. 1-1-98
CD 7-1997, f. 5-19-97, cert. ef. 6-1-97
CD 1-1997(Temp), f. & cert. ef. 2-1-97
CD 21-1996(Temp), f. & cert. ef. 12-3-96

Or. Admin. R. 291-077-0033 Behavioral Adjustments, Unsatisfactory Performance and Program Failures

(1) Daily Fail: Program supervisors may submit a fail assessment of an inmate’s daily performance in any qualifying program.

(a) When a daily fail assessment is submitted, it is the supervisor’s responsibility to complete a Record of Inmate Daily Performance Failure (CD 118a).

(b) One copy will be given directly to the inmate, one copy attached to the daily attendance roster, and remaining copies distributed in accordance with institution-specific procedures.

(2) Program Fail: The inmate assignment supervisor or counselor, in his/her sole discretion, with reasonable cause based upon an inmate’s poor performance and non-compliance with prescribed programming may fail an inmate from any qualifying program. Poor performance and non-compliance include the following behaviors: refusal to participate, non-attendance, poor performance quality, poor performance effort, poor interpersonal communications with staff and fellow inmates, violations of prohibited inmate conduct, poor self-improvement effort, and inability to follow directions or to ensure the orderly continued operation of the program.

(a) When a program failure is submitted, it is the supervisor’s responsibility to complete an Inmate Performance Report (CD 118b).

(b) One copy will be given directly to the inmate, one copy attached to the daily attendance roster, and remaining copies distributed in accordance with institution-specific procedures.

(3) For purposes of this rule, inmates who dispute a program fail may use the inmate grievance system as described in the rule on Inmate Grievance Review System (OAR 291-109).

(4) Evaluation Period: There is also a 30-day program pass evaluation period that is a total of 30 successful programming days (30 daily passes). Inmates will not earn daily points during this evaluation period. An inmate will undergo the 30-day program pass evaluation period if involved in any of the following:

(a) Removal from a program for failure to satisfactorily perform in a program assignment; or

(b) Placement in segregated housing in connection with an inmate disciplinary sanction order.

(5) Behavioral Adjustment:

(a) The department will record all inmate disciplinary sanction orders and adjust downward the inmate’s monthly performance points based on the level of misconduct assigned to the disciplinary rule violation(s) by the corresponding inmate disciplinary grid(s) contained in the department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). For each disciplinary order sanctioning an inmate for a disciplinary rule violation, the department will deduct points from an inmate’s monthly performance points based on the level of misconduct as follows:

(A) Level 1 – 100% Deducted

(B) Level 2 – 80% Deducted

(D) Level 4 – 40% Deducted

(E) Level 5 – 20% Deducted

(F) Level 6 – 10% Deducted

(b) Deductions for behavioral adjustment will be made in the month in which the final disciplinary order is issued in the disciplinary case. Monthly performance points with behavioral adjustments will be calculated by taking the monthly performance points, subtracting for behavioral adjustments to determine the total monthly performance points.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 13-2019, amend filed 06/24/2019, effective 06/24/2019
DOC 8-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 09/27/2019
DOC 10-2009, f. 6-30-09, cert. ef. 7-1-09
DOC 1-2006, f. & cert. ef. 2-15-06
DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03
DOC 15-2001, f. & cert. ef. 7-9-01
DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01

Or. Admin. R. 291-077-0035 Non-Monetary Incentives (Non-Cash Incentives)

The purpose of non-cash incentives is to enhance cost effective inmate management by providing tiered access to services and privileges at department facilities. Non-cash incentives encourage pro-social behavior among inmates consistent with good correctional practices and the mission of the department. Functional unit managers may limit an inmate’s access to services and privileges available within the incentive level attained by the inmate, as necessary, to ensure the safe and secure operation of the facility and within resources available to and physical plant limitations of the facility.

(1) General:

(a) Functional unit managers will develop a list of services and privileges specific to their facility as part of the DOC non-cash incentives program (institution incentive level matrix).

(b) Specific services and privileges available to inmates may differ between facilities depending on size and configuration of space and availability of resources.

(c) Some incentive services and privileges will be offered consistently throughout the department at each facility, when possible, as outlined in Appendix C.

(d) There will be three incentive levels (Level I, Level II, and Level III) available to inmates.

(e) Incentive Level I is a restricted level statewide. Restrictions imposed may differ between facilities due to the size and configuration of each facility. Level I inmates are identified with an orange identification card.

(f) Incentive Level II offers more services and privileges than Level I. Level II inmates are identified with the standard identification card (red fading into white).

(g) Incentive Level III is the highest attainable incentive level. Level III inmates are identified with a silver, holographic tamper resistant “NCI 3” sticker placed on their identification.

(h) Incentive levels will be calculated electronically at the end of each business day and made available to staff the following business day.

(2) Inmate Eligibility:

(a) All general population inmates will be eligible to earn services and privileges identified as non-cash incentives. Inmates who are not in general population will be ineligible to participate in the non-cash incentive program within the context of this rule. A non-cash incentive program may be developed and implemented in select special housing assignments as recommended by the functional unit manager and approved by the Assistant Director for Operations or designee.

(b) All department facilities will share a single set of inmate eligibility criteria.

(c) The incentive levels and corresponding eligibility are shown in Appendix B. Functional unit managers may develop additional criteria to manage services and privileges specific to the institution within the framework of Appendix B (e.g., waiting lists).

(d) New or returning commitments to the department will be placed at incentive Level II if they have not had a major misconduct in the last 180 incarcerated days or program fail in the last 90 incarcerated days.

(e) If an inmate has segregation time to complete from a prior incarceration period with the department. Upon readmission, once segregation time is completed, the inmate will be placed at the proper incentive level as outlined in Appendix B.

(f) The time period necessary to attain eligibility to promote to a higher incentive level will not start until an inmate is released from special housing and after all disciplinary sanctions (segregation and loss of privileges) are satisfied.

(g) The time an inmate spends in the infirmary or mental health infirmary, for non-disciplinary reasons and while not serving any disciplinary sanctions, will not negatively impact their incentive level. Time spent in these units will count toward eligibility to promote to the next incentive level so long as these criteria are met.

(h) Inmates may earn promotion to higher incentive levels by compliance with prescribed programming and good institutional behavior.

(i) Alternatively, an inmate’s incentive level may be lowered as a consequence of noncompliance with prescribed programming or engaging in prohibited conduct.

(j) The functional unit manager or designee may adjust an inmate’s incentive level by two levels, up or down, as necessary to promote good institutional conduct and program compliance.

(k) An inmate’s incentive level will be lowered no more than one level as a result of a disciplinary sanction and program failure arising out of a single act of prohibited conduct except when the inmate receives a sanction of more than 21 days in segregation. When the sanction is greater than 21 days in segregation, the inmate will be placed at the lowest incentive level available at the facility. An inmate whose incentive level has been reduced one level as a result of a disciplinary sanction will be considered as meeting all the eligibility criteria of the reduced incentive level.

(l) An inmate’s incentive level will be adjusted once the inmate is found in violation of a major misconduct or a program failure is upheld.

(m) The functional unit manager or designee may waive the non-cash incentive system for a specific event(s) to allow all general population inmates to participate.

(3) Transfers:

(a) Inmates will retain the incentive level they have earned and any time accrued towards promotion to the next incentive level upon transfer to another facility.

(b) Inmates transferred to another facility will retain incentive property and commissary spending limit privileges earned prior to the transfer. Access to institution-specific services and privileges available at the receiving facility may be subject to waiting periods established by the functional unit manager or designee.

(4) Property:

(a) Inmates will retain property purchased (e.g.., television, CD player, CDs) prior to the adoption of this rule subject to limitations on use established by the functional unit manager or designee.

(b) Property items offered as part of the non-cash incentive program (incentive property) will be offered department wide unless the property is part of a limited duration pilot project approved by the Assistant Director of Operations or designee.

(c) Once purchased, incentive property will be handled in accordance with the rule on Personal Property (Inmate) (OAR 291-117).

(d) When access to property is restricted by a disciplinary sanction (loss of privileges or assignment to special housing), incentive property will be stored at the direction of the functional unit manager/designee.

(e) Inmates will not be required to send incentive property home as a result of disciplinary infractions.

(f) The use of specific property, including but not limited to personal electronics, may be restricted until the proper incentive level is achieved. Select incentive property and the manner in which the property is restricted will be at the functional unit manger’s/designee’s discretion and may differ by institution. The property may be stored or disabled until the proper incentive level is achieved.

(g) Certain property sold prior to implementation of this rule will not transfer to the receiving facility; e.g., 13-inch television (box or CRT).

(5) The functional unit manager or designee will create a matrix of non-cash incentives detailing services and privileges available to inmates at each incentive level within the facility. The matrix will be updated and made available to inmates at least annually. Any restrictions or additional eligibility criteria for institution-specific services and privileges (e.g., waiting lists) will be included in the matrix.

(6) Miscellaneous:

(a) Any inmate, regardless of incentive level, may be placed on the Security Threat Management caseload.

(b) The use of some or all of an inmate’s incentive property and non-mandated services and privileges may be authorized or restricted by the functional unit manager or designee regardless of the inmate’s incentive level.

[ED. NOTE: Appendices referenced are available from the agency.]

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 2-2014, f. & cert. ef. 1-14-14
DOC 14-2013, f. 11-18-13, cert. ef. 12-1-13
DOC 1-2006, f. & cert. ef. 2-15-06
DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03
DOC 15-2001, f. & cert. ef. 7-9-01
DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01

Or. Admin. R. 291-077-0040 Special Meritorious Awards

Inmates are eligible to be considered at the discretion of the department for special meritorious awards, as follows:

(1) Exceptional Acts or Behaviors: The functional unit manager may grant an inmate a special meritorious award for exceptionally positive acts or behaviors of significant benefit to the agency, staff, inmates, or the public, as follows:

(a) Acts of outstanding heroism;

(b) Satisfactory performance of an unusually difficult or hazardous assignment that requires personal responsibility related to public safety;

(d) Other clearly exceptional or outstanding services which are consistent with the character of, but are not specified in, the above.

(2) Monthly Team Goals: The functional unit manager may grant inmates involved in a program assignment that emphasizes teamwork a special meritorious award to recognize their achievement in meeting team goals:

(a) The goals must be team-based, related to established job standards, and have measurable objectives that exceed the established job standards, as approved by the Assistant Director for Programs or designee.

(b) Established job standards, may include, but are not limited to, avoidance of injuries, meeting safety standards, efficient use of resources, maintaining equipment in operational status, team communication and sharing responsibilities.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03
CD 7-1997, f. 5-19-97, cert. ef. 6-1-97
CD 21-1996(Temp), f. & cert. ef. 12-3-96

Division 78 COMMUNITY CASE MANAGEMENT

Or. Admin. R. 291-078-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to:

(a) Provide uniform business practices in accordance with evidence-based practices of case management for adults on supervision in the community;

(b) Establish a level of statewide consistency for the classification of adults on supervision based upon the risk of recidivism;

(c) Operate on the principle of limited risk control and utilize an objective risk assessment tool for making classification decisions;

(d) Quantify workload, including both investigative and supervision services;

(e) Assign levels of supervision;

(f) Provide the data necessary for policy decisions, program planning, effective utilization of resources, research, and evaluation;

(g) Enhance corrections system credibility by providing a means of accountability through established auditing methods; and

(h) Provide workload data which may be used for resource allocation.

(3) Policy:

(a) It is the policy of the Department of Corrections to target resources to those who are most likely to recidivate using evidence-based practices in a comprehensive case management approach.

(b) All agencies are required to comply with these rules to access Community Corrections Act funds.

(c) These rules shall apply to all individuals being supervised or investigated due to a felony or designated drug-related misdemeanor conviction or designated person misdemeanor conviction as well as diversions and deferred sentences, but not to game violations.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2024, amend filed 04/02/2024, effective 05/01/2024
DOC 3-2013, f. & cert. ef. 2-28-13
DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
CD 12-1997, f. 7-23-97, cert. ef. 8-1-97
CD 15-1991, f. & cert. ef. 6-14-91

Or. Admin. R. 291-078-0010 Definitions

(1) Adult on Supervision: Any person under the supervision of the Department of Corrections or a county community corrections agency who is on probation, parole, post-prison supervision or any form of temporary or transitional leave from custody.

(2) Agency: The Department of Corrections or county community corrections agencies.

(3) Behavior Change Plan: A component of the case plan used to address the criminogenic needs of an adult on supervision. The behavior change plan is developed collaboratively with the officer and the adult on supervision to include the identified criminogenic need area, stage of change, problem statement, SMART goal, strategies, barriers, strengths, action plan and progress notes. SMART is an acronym that stands for Specific, Measurable, Achievable, Realistic, and Timely.

(4) Case Management: A proactive and collaborative process which assesses, plans, implements, coordinates, monitors, and evaluates options and services to meet an adult on supervision’s risks, needs, and responsivity factors. Case management is the process that links all the elements involved in an adult on supervision’s management. The process of case management unifies procedures and personnel to balance resources, the adult on supervision’s needs, and community safety throughout the term of community supervision.

(5) Case Plan: A dynamic document created collaboratively with an adult on supervision that specifically identifies the evidence-based assessment of risk and needs, accompanied by risk reduction interventions, action plans, and behavior change plans, with timelines.

(6) Electronic Visit: A visit between the adult on supervision and the Community Corrections or Department of Corrections personnel involving meaningful case management contact by electronic means other than telephone in lieu of a face-to-face contact.

(7) Evidence-Based Practices: The body of research and clinical knowledge that describes correctional assessment, programming, and supervision strategies that lead to improved correctional outcomes, such as risk reduction and increased public safety. Such principles not only meet the public’s expectations for economical business strategies, efficiency, and effectiveness; but also reflect fairness and accountability.

(8) Intensive Supervision: An enhanced level of supervision exceeding a county's high risk level supervision standards. Intensive supervision may include, but not be limited to, electronic monitoring, house arrest, curfew, day reporting, supervised housing, multiple supervising officers, adjunct surveillance by law enforcement or other specialists, increased face-to-face adult on supervision contacts in the community, increased collateral contacts (such as with family, therapist or employer), community notification, geographic restrictions, mileage logs, medication monitoring (such as psychotropics, or Antabuse), intensive outpatient or residential treatment programming, urinalysis, and polygraph.

(9) Measurable Contact: Contact with an adult on supervision that supports public safety and aims to provide opportunities to affect positive behavior change.

(10) New Case: Any person received for supervision who is not already under community supervision at the time of admission to probation or at the time of release from custody due to revocation or a new conviction.

(11) Risk of Recidivism: The likelihood of an adult on supervision being either:

(a) Arrested for a new crime;

(b) Convicted of a new misdemeanor or felony; or

(12) Sexually Violent Dangerous Offender (SVDO): A special designation by the court or Board of Parole and Post-Prison Supervision as defined in ORS 144.635 subjecting the adult on supervision to intensive supervision for the full period of parole or post-prison supervision or post-parole supervision.

(13) Telephone Visit: A visit between the adult on supervision and the Community Corrections or Department of Corrections personnel involving meaningful case management contact by means of telephone in lieu of a face-to-face contact.

(14) Virtual Visit: A visit between the adult on supervision and the Community Corrections or Department of Corrections personnel involving some form of meaningful case management contact using an electronic device in which both parties can view and speak to each other by video.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2024, amend filed 04/02/2024, effective 05/01/2024
DOC 3-2015, f. & cert. ef. 2-25-15
DOC 19-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15
DOC 3-2013, f. & cert. ef. 2-28-13
DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
CD 12-1997, f. 7-23-97, cert. ef. 8-1-97
CD 15-1991, f. & cert. ef. 6-14-91

Or. Admin. R. 291-078-0020 Risk Assessment

(1)Proper assessment ensures the classification of adults on supervision according to risk and their assignment to specified levels of community supervision. The following risk assessment tools are utilized by the Department of Corrections and county community corrections agencies for risk assessment of adults on supervision:

(a) Public Safety Checklist (PSC-r) (version 2025): A statistical calculation developed by the Oregon Criminal Justice Commission in collaboration with Portland State University and the Department of Corrections to predict an individual’s risk to recidivate within three years of release from custody or admission to probation.

(b) Proxy (version 2005): A three-question validated risk assessment tool used to identify initial risk for individuals entering probation supervision.

(c) Level of Service/Case Management Inventory (LS/CMI) Section 1 General Risk/Need Factors (version Feb. 2013): A validated assessment tool used to determine an adult on supervision’s risk to recidivate and identify criminogenic risk factors across eight domains (Criminal History, Education/Employment, Family/Marital, Leisure/Recreation, Companions, Alcohol/Drug Problem, Pro-criminal Attitude/Orientation, Antisocial Pattern).

(d) Women’s Risk Need Assessment (WRNA) (version 6.0): A validated post-sentencing assessment instrument used to:

(A) Determine a woman’s risk to recidivate; and

(B) Identify criminogenic risk factors, strengths, and responsivity needs to provide comprehensive case planning and gender-responsive services.

(e) Ontario Domestic Assault Risk Assessment (ODARA) (version June 2004): Actuarial risk assessment tool to assess risk of committing future battering in cases where a male has assaulted his partner.

(f) Stable-2007 (version Sept. 2012): Actuarial risk assessment designed to assess risk of sexually recidivating over time using static risk factors used in conjunction with the Acute-2007.

(g) Acute-2007 (version Aug. 2012): Actuarial risk and needs scale for the assessment of an adult on supervision who has committed a sexual crime and the probability of sexual and violent recidivism based upon dynamic needs measured at each supervision contact.

(h) Static-99R and Definitions (version 2003, age coding August 2016): A ten-item actuarial assessment instrument for use with adult males who have committed a sex crime and who are at least 18 years of age at the time of admission to supervision.

(i) The risk assessment tools listed in (a) through (h) above are filed with this rule and are available on request from the Department of Corrections or at the Secretary of State’s Office.

(2) Risk Assessment:

(a) All applicable assessments must be completed on a new case within 60 days of admission to supervision.

(b) Except as otherwise provided in these rules, the assessment of risk will involve the use of the Public Safety Checklist, a validated risk assessment tool, which is an objective instrument that groups adults on supervision according to their likelihood to recidivate.

(d) The computer-generated score will place the adult on supervision in one of three risk levels: high, medium, or low.

(e) If an adult on supervision has no in-state arrest history or an extensive juvenile or out-of-state criminal history, the Proxy risk tool will be used. The Proxy is a manual risk assessment tool used in lieu of the Public Safety Checklist to determine risk level.

(3) Risk, Needs, and Responsivity Assessment:

(a) The ongoing assessment of an adult on supervision’s risk, needs, and responsivity relies on a combination of both static and dynamic risk factors to predict recidivism and identify criminogenic needs and responsivity issues.

(b) Within 60 days of admission to supervision, the risk, needs, and responsivity assessments will be completed on all adults on supervision determined to be high or medium risk either by the Public Safety Checklist, Proxy, or an approved override. The assessments will include any accompanying domain narratives and a case plan as described in OAR 291-078-0026.

(c) In cases where no assessment is possible, officers will create a case plan, enter a reason for no assessment and articulate in progress notes why the specific reason was chosen and next steps toward completing the risk, needs and responsivity assessment.

(d) High and medium level adults on supervision will be reassessed using the Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), or Stable-2007 a minimum of every 12 months or when a significant change occurs.

(e) The Level of Service/Case Management Inventory (LS/CMI) or Women’s Risk Need Assessment (WRNA) is not required on adults on supervision that are assessed at the low level either by the Public Safety Checklist, Proxy, or by an approved override. Low level adults on supervision may be reassessed using the Public Safety Checklist, Proxy, Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), or Stable-2007 when a significant change occurs.

(4) Overrides:

(a) The override feature is intended to address risk factors that may not be included in the objective risk assessment instruments. These factors are based upon:

(A) Dynamic risk factors which appear to impact the risk the adult on supervision poses to the community; or

(B) Written policy on the part of the agency regarding the delivery of correctional services.

(b) The override feature provides for either increases or decreases in the level of supervision from that determined through the initial risk assessment score.

(c) All overrides must be based upon static or dynamic risk factors identified by one of the following tools, special designation, or the adult on supervision’s availability for supervision:

(A) Level of Service/Case Management Inventory (LS/CMI);

(B) Women’s Risk Need Assessment (WRNA);

(D) Ontario Domestic Assault Risk Assessment (ODARA);

(E) Designation as a Sexually Violent Dangerous Offender (SVDO);

(F) Written agency policy; or

(G) Unavailable status, which includes:

(i) In custody;

(ii) Warrant or Abscond;

(iii) Residential Treatment;

(iv) Compacted Out of State; or

(v) Medical (hospice, state hospital, etc.)

(d) The assessing officer must indicate the single most appropriate category on the override screen.

(e) Approval of override requests by the officer’s supervisor is not required by this rule, however, a county community corrections agency may require this level of approval.

(f) All overrides must include a comment or a reason for the override.

(g) Supervision level changes due to an override shall remain in effect until:

(A) A change in circumstances warrants a reassessment and subsequent adjustment in the level of supervision; or

(B) The removal of the override is warranted and consistent with public safety and the reformation of the adult on supervision.

(5) In order to ensure a baseline of statewide consistency in the supervision of adults on supervision, three basic levels of supervision have been established: high, medium, and low. The risk instrument shall, in most cases, determine which supervision level is appropriate.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 28-2026, amend filed 08/27/2026, effective 09/01/2026
DOC 4-2024, amend filed 04/02/2024, effective 05/01/2024
DOC 3-2015, f. & cert. ef. 2-25-15
DOC 19-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15
DOC 3-2013, f. & cert. ef. 2-28-13
DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
DOC 4-2001, f. & cert. ef. 2-7-01
CD 12-1997, f. 7-23-97, cert. ef. 8-1-97
CD 15-1991, f. & cert. ef. 6-14-91

Or. Admin. R. 291-078-0021 Minimum Contact Standards

(1) General:

(a) The location, frequency, and manner of reporting for purposes of supervision must be focused on client success while seeking to minimize disruptions to the life of the supervised person, avoid unnecessary hardships, and offer a broad array of reporting options.

(b) The frequency of measurable contacts with adults on supervision shall be determined by the associated supervision level in accordance with these rules.

(2) High Supervision: Adults on supervision with a high supervision level shall receive a minimum of two measurable contacts every month.

(3) Medium Supervision: Adults on supervision with a medium supervision level shall receive a minimum of one measurable contact every month.

(4) Low Supervision:

(a) Adults on supervision with a low supervision level shall, at a minimum, be reviewed for any condition, action, or restitution requirement; receive quarterly communication regarding their progress towards achieving earned discharge; be reviewed prior to completing 50 percent of their supervision period for an earned discharge or a recommendation for early termination or bench probation, if applicable; and shall be contacted prior to the termination of their supervision for appropriate closure.

(b) Nothing in this rule prevents the supervisory authority from implementing a higher level of contact with low supervision level clients or from responding to the individual when they request support or assistance.

(5) Sexually Violent Dangerous Offenders (SVDO): An adult on supervision found to be a Sexually Violent Dangerous Offender (SVDO) shall be subject to intensive supervision for the full period of their parole and post-prison supervision.

(6) Manner and Location of Supervision Visits and Reporting Options (Measurable Contacts): The manner and location of supervision visits and reporting options for adults on supervision that are deemed measurable contacts include:

(a) Home Visits;

(b) Office Visits: When scheduling in-office contact, consideration should be given to the distance between the office and the individual’s approved housing, transportation challenges that may be present, documented medical concerns that make travel difficult, and the work schedule of the person on supervision;

(A) Contacts at the place of employment for persons on supervision should be limited to cases where it is in the best interest of the individual’s rehabilitation or when there is cause in the interest of public safety to do so.

(B) When making contact at a person’s place of employment, efforts should be taken to reduce disruption to the business and protect the privacy of the person on supervision. This may include working with the supervised person or employer to identify an appropriate plan should workplace contact become necessary.

(C) Nothing in these rules prevents a person on supervision from requesting to be contacted at their place of employment when determined to be mutually beneficial for the person on supervision and their employer.

(D) Nothing in these rules prevents a parole and probation officer from patronizing businesses where persons on supervision are employed. Such encounters are not considered official contact.

(d) Field Visits;

(e) Virtual Visits;

(f) Telephone Visits;

(g) Electronic Visits;

(h) Contact at a Day Reporting Center;

(i) Contact at Court;

(j) Contact at Jail;

(k) Contact at a Treatment Program;

(l) Reach-ins at Jail; and

(m) Mail-in reporting for low-risk supervision as approved by the local supervisory authority.

(7) The local supervisory authority shall maintain the discretion to determine the manner and location of supervision visits and reporting options for adults on supervision within the standards established by the department in these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 28-2026, amend filed 08/27/2026, effective 09/01/2026
DOC 4-2024, adopt filed 04/02/2024, effective 05/01/2024

Or. Admin. R. 291-078-0026 Community Case Management and Planning

(1) Individualized case plans shall be prepared on all high and medium risk adults on supervision within 60 days of admission to supervision or release from custody. Case plans may be prepared on all other adults on supervision at the discretion of the supervising county.

(2) The behavior change plan, a component of the case plan, will:

(a) Identify interventions, supervision strategies, programming, treatment, and educational or employment activities that are appropriate to the adult on supervision’s strengths and needs;

(b) Promote positive change and assist in developing pro-social behaviors;

(d) Be completed in the Offender Management System;

(e) Contain or identify:

(A) Primary criminogenic need(s);

(B) Stage of change;

(C) Prioritized goals based upon assessments such as the Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), Stable-2007 or Acute-2007 and Static 99R, Ontario Domestic Assault Risk Assessment (ODARA), mental health status, or any other instruments assessing need or risk to recidivate; and

(D) Desired outcomes for each goal;

(f) Identify strengths and weaknesses; and

(g) Include interventions or tasks linking the adult on supervision to the appropriate services that:

(A) Are specific, measurable, achievable, and realistic;

(B) Are time specific and should not be identified as a range (for example, 30-60 days) or as an unspecified period of time (for example, as needed);

(D) Are culturally specific or gender responsive whenever possible; and

(E) Prioritize completion dates.

(3) Agency staff should routinely review the case plan with the adult on supervision after each meaningful contact and updates should be made as indicated by the adult on supervision’s behavior, compliance with the plan, and responsivity to change. At a minimum, the case plan must be updated every six months.

(4) Progress should be outcome oriented, measurable, and recorded in the case plan.

(5) When goals and interventions identified in the behavior change plan are completed, they should be replaced by the next prioritized risk or need areas identified.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2024, amend filed 04/02/2024, effective 05/01/2024
DOC 3-2015, f. & cert. ef. 2-25-15
DOC 19-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15
DOC 3-2013, f. & cert. ef. 2-28-13
DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13

Or. Admin. R. 291-078-0031 Validation and Evaluation

(1) The Department of Corrections will perform periodic validation to the Public Safety Checklist to ensure that the tool is predicting risk within acceptable ranges.

(2) Each agency is responsible for quality assurance measures within their county.

(a) A sample of case plans should be reviewed by supervisors a minimum of every six months for high and medium cases and as needed for all other cases;

(b) Internal quality assurance measures such as peer review and supervisor audits should be used to maximize consistency and reliability of case management tasks. These reviews should be conducted on a regular basis as determined by the agency.

(A) Spot checks of assessments, which may include the Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), Stable-2007 or Acute-2007 and Static 99R (as referenced in this rule division);

(B) Review of case plan development and maintenance;

(C) Observation, review, and feedback of Level of Service/Case Management Inventory (LS/CMI) or Women’s Risk Need Assessment (WRNA) scores, interviews, and supporting documentation (as referenced in this rule division);

(D) Proper use of supervision overrides;

(E) Accurate and appropriate case documentation; or

(F) Adherence to case plan policies and procedures.

(d) External quality assurance measures, including peer review and formal audits, may be used to ensure a statewide case management practice.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2024, amend filed 04/02/2024, effective 05/01/2024
DOC 3-2015, f. & cert. ef. 2-25-15
DOC 19-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15
DOC 3-2013, f. & cert. ef. 2-28-13
DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13

Division 81 PRIVATE SECTOR/PRISON INDUSTRIES ENHANCEMENT PROGRAM

Or. Admin. R. 291-081-0010 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.440, 423.020, 423.030, 423.075, Oregon Laws 1997, ch 851, and Article I, Section 41 of the Oregon Constitution.

(2) Purpose:

(a) The purpose of this rule is to establish Department of Corrections policy and procedures governing the operation and administration of its Private Sector/Prison Industries Enhancement (PSI/PIE) Program and work projects certified under the federal Prison Industry Enhancement Certification Program (PIECP).

(b) These rules apply only to adults in custody (AIC) working on PS/PIE Program work projects when the goods manufactured will be transported in interstate commerce, except as follows. These rules do not apply to AICs involved in the production of agricultural commodities or parts for the repair of farm machinery, nor do they apply to AICs involved in the production of commodities intended for use by the federal government, the District of Columbia, any state or political subdivisions thereof, or not-for-profit organizations. These rules also do not apply to AICs who produce goods solely for intrastate transport, and AICs on parole, supervised release or probation.

(3) Policy: The Department of Corrections recognizes the value of fully engaging AICs in productive activities, such as PS/PIE Program work projects, if AICs are to successfully re-enter society with practical skills and a viable work ethic. Consistent with the mandate of Article I, section 41 of the Oregon Constitution requiring sufficient work and training programs to ensure that eligible AICs are productively involved in work and training programs, the Department of Corrections will seek opportunities to enter into agreements with private business concerns to accomplish the production or marketing of goods produced by AICs

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98, Renumbered from 291-705-0005
Reverted to CD 26-1989, f. & cert. ef. 12-20-89
CD 16-1997(Temp), f. & cert. ef. 9-17-97, Renumbered from 291-705-0005
CD 26-1989, f. & cert. ef. 12-20-89

Or. Admin. R. 291-081-0025 Definitions

(1) Adult In Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(2) Assistant Director: The Assistant Director with oversight of AIC Work Programs or the Assistant Director’s designee.

(3) Compensation: Payment by the Department of Corrections to an AIC for labor or other services rendered while working on a Private Sector/Prison Industry Enhancement Program work project.

(4) Locality: The geographic area impacted by the presence of a PS/PIE Program work project.

(5) Piece Work Compensation: Compensation paid on the basis of the quantity of work completed.

(6) Prison Industry Enhancement Certification Program or PIECP: The federal program authorized under 18 USC § 1761(c) that requires certification of an AIC work program through the U.S. Department of Justice via the Bureau of Justice Assistance before goods produced through that program can be shipped in interstate commerce.

(7) Private Sector/Prison Industry Enhancement Program or PS/PIE Program: The Department of Corrections AIC work program that is certified under the Prison Industry Enhancement Certification Program.

(8) PS/PIE Program Work Project: A specific AIC work project that is part of the Private Sector/Prison Industry Enhancement Program.

(9) Work Week: An AICs work week shall consist of seven consecutive days, beginning on Monday and ending on Sunday, except as otherwise designated by the Department

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98

Or. Admin. R. 291-081-0030 Adult in Custody Compensation

(1) AICs participating in a Private Sector/Prison Industries Enhancement Program shall be paid compensation as determined and established by the Director in accordance with these rules.

(2) In accordance with 18 USC § 1761, AICs participating in a PS/PIE Program work project shall be paid compensation for actual work performed that is not less than the amount paid for work of a similar nature in the locality in which the work is to be performed. In no case shall compensation paid be less than federal minimum wage. AICs who work more than 40 hours per work week shall be paid compensation for additional hours worked at a rate equal to 1½ times their base hourly compensation rate. If the Director or designee determines that the Department shall pay AICs piece work compensation for their participation in a particular PS/PIE Program work project, the piece work compensation rate shall be determined and established by converting the piece work compensation to an hourly compensation equivalent.

(3) Prior to implementation of a PS/PIE Program work project, the Assistant Director or designee shall request from the Oregon Employment Division, or other appropriate agency, data regarding compensation paid for work of a similar nature to the PS/PIE Program work project in the locality in which the work is to be performed. The Director may rely upon this data and on other available information to determine and establish compensation for AICs participating in a PS/PIE Program work project. The Assistant Director or designee shall, on an annual basis, request the Oregon Employment Department, or other appropriate agency, to review and provide updated compensation data to the Department of Corrections.

(4) In the absence of available, relevant rate information, the Director may establish compensation at the federal minimum wage rate, or its piece work compensation equivalent.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98, Renumbered from 291-705-0015
Reverted to CD 26-1989, f. & cert. ef. 12-20-89
CD 16-1997(Temp), f. & cert. ef. 9-17-97, Renumbered from 291-705-0015
CD 26-1989, f. & cert. ef. 12-20-89

Or. Admin. R. 291-081-0040 Labor Analysis

(1) Prior to implementation of a PS/PIE Program, the Assistant Director or designee shall submit a request to the Oregon Employment Department, or other appropriate agency, to provide a written analysis of the potential impact the proposed project may have on private labor in the locality in which the project will be performed.

(2) The Assistant Director or designee shall not implement a PS/PIE Program work project that would result in significant displacement of employed workers, utilize skills or trades in which there is a surplus of available gainful labor in the locality, or impair existing private sector contracts for services.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98, Renumbered from 291-705-0045
Reverted to CD 26-1989, f. & cert. ef. 12-20-89
CD 16-1997(Temp), f. & cert. ef. 9-17-97, Renumbered from 291-705-0045
CD 26-1989, f. & cert. ef. 12-20-89

Or. Admin. R. 291-081-0050 Local Business and Labor Union Consultation

(1) Prior to implementing a PS/PIE Program work project, the Assistant Director or designee shall consult with representatives of local businesses and local union central bodies or similar labor organizations that would potentially be affected by the project. If there is no local union body or similar labor organization, the Assistant Director or designee shall consult with the state’s union body or similar state-wide labor organization.

(2) The Assistant Director or designee shall:

(a) Provide a notice of intent to the local Chamber of Commerce, appropriate trade organizations and appropriate local or state labor union central bodies or similar labor organizations requesting comments, concerns, recommendations and names of private businesses and local labor organizations that would potentially be affected by the project. The notice of intent shall include a general description of the PS/PIE Program work project, a description of the project location, the type and quantity of goods to be produced, the number of AICs expected to be employed, the potential market for the goods, the project initiation date, and an explanation that federal law requires this consultation; and

(b) Maintain a file of all replies and Department of Corrections responses, if applicable, and submit them to the Prison Industries Board and the Director of Department of Corrections for their consideration prior to final approval of the PS/PIE Program work projec.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98, Renumbered from 291-705-0035
Reverted to CD 26-1989, f. & cert. ef. 12-20-89
CD 16-1997(Temp), f. & cert. ef. 9-17-97, Renumbered from 291-705-0035
CD 26-1989, f. & cert. ef. 12-20-89

Or. Admin. R. 291-081-0060 Conditions of AIC Participation in the PS/PIE Program

(1) AIC participation in a Private Sector/Prison Industries Program shall be voluntary. Prior to acceptance for participation in a PS/PIE Program work project, all AIC applicants shall sign a form indicating the AICs voluntary participation in the work project and acknowledging the AICs consent to the Department's PS/PIE Program requirements, including the compensation disposition procedure set forth in these rules.

(2) The following deductions shall be made from a participating AIC’s gross compensation, which shall not in the aggregate exceed 80% of the AIC’s gross compensation:

(a) State, federal, and local taxes if required to be withheld from the AIC’s compensation by law;

(b) Family support obligations pursuant to state statute or court order, including income withholding orders and garnishments for family support;

(c) Five percent of the AIC’s gross compensation shall be contributed to the Victims Compensation Fund established pursuant to ORS 147.005 through ORS 147.415;

(d) Room and board shall be as follows: The amount deducted from an AIC's monthly gross compensation for room and board charges shall equal the amount of compensation remaining after deductions from 80% of gross compensation are made as required under subsections (a) through (c) of this section.

(3) An AIC shall receive 20% of gross compensation for personal use, which shall be deposited into the AIC's trust account. In no instance shall the AIC retain more than 20% of gross compensation for personal use.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98, Renumbered from 291-705-0030
Reverted to CD 26-1989, f. & cert. ef. 12-20-89
CD 16-1997(Temp), f. & cert. ef. 9-17-97, Renumbered from 291-705-0030
CD 26-1989, f. & cert. ef. 12-20-89

Or. Admin. R. 291-081-0085 AIC Injury Fund

AICs participating in a PS/PIE Program work project shall receive benefits under the AIC Injury Fund set forth in ORS 655.505 - ORS 655.555.

History

Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 6-1998, f. & cert. ef. 3-26-98

Division 82 ASSESSMENT, ASSIGNMENT, AND SUPERVISION OF ADULTS IN CUSTODY FOR WORK ASSIGNMENTS AND UNFENCED MINIMUM HOUSING

Or. Admin. R. 291-082-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.445, 423.020, 423.030, 423.075 and Article I, Section 41 of the Oregon Constitution.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures relating to the assessment, assignment, and supervision of adults in custody assigned to community custody work crews, on-site work assignments, and unfenced minimum housing.

(3) Policy: It is the policy of the department to establish specific eligibility criteria for adults in custody who are assigned to community custody work crews, on-site work assignments, and unfenced minimum housing.

(a) Consistent with the mandates and purposes of Article I, section 41 of the Oregon Constitution, the Department of Corrections will seek opportunities to enter into cooperative agreements with local, state, or federal governmental agencies, and private entities, to include non-profit entities, for the use and supervision of adults in custody to provide labor and services for work projects.

(b) The department will enforce the following procedures for adult in custody work crew supervision to support the safety and security of the community, employees, supervisors, and adults in custody.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0010
DOC 10-2005, f. & cert. ef. 8-1-05
DOC 1-2005(Temp), f. & cert. ef. 1-7-05 thru 7-6-05
DOC 3-2002, f. & cert. ef. 1-16-02
DOC 13-1998, f. & cert. ef. 6-10-98
CD 29-1997(Temp), f. & cert. ef. 12-12-97 thru 6-11-98

Or. Admin. R. 291-082-0105 Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision, or probation status.

(3) Agency Work Crew: One or more adults in custody assigned to work on a community or on-site work crew.

(4) Agency Work Crew Supervisor: An employee or agent of the local, state, or federal governmental agency, responsible to supervise adults in custody assigned to an agency work crew pursuant to an intergovernmental agreement entered by the agency and the Department of Corrections.

(5) Behavioral Health Unit: An intensive behavioral management and skills training unit for adults in custody with serious mental illness who have committed violent acts or disruptive behavior.

(6) Corrections Information System: A computer system dedicated to tracking information critical to the management of adults in the custody or under the supervision of the Department of Corrections.

(7) Custody Classification Level: One of five levels of supervision assigned to an adult in custody through initial and classification review procedures.

(a) Level 5: An adult in custody assigned at this custody classification level meets one of the following criteria:

(A) Has demonstrated behaviors causing serious management concerns, as defined in OAR 291-104, or has demonstrated behaviors that in the judgment of the department present a threat sufficient to require special security housing on intensive management status;

(B) Has a sentence of death or is pending retrial in a case in which a sentence of death may be re-imposed;

(D) Is under investigation for or has been charged with the in-custody murder of another adult in custody or employee.

(b) Adults in custody who have a sentence of death, pending trial, or pending retrial in a case in which a sentence of death may be imposed will be reviewed by the Special Population Management Committee for housing placement.

(c) Level 4: An adult in custody assigned at this custody classification level presents a serious risk of escape or institutional violence, has time remaining of more than 120 months to life with or without parole or released from the Intensive Management Unit or Intensive Management Unit diversion in the Behavioral Health Unit during the past year.

(d) Level 3: An adult in custody assigned at this custody classification level presents a moderate risk of escape, has a High-Level detainer as defined in the Custody Classification Guide (OAR 291-104-0111, Attachment 1), has demonstrated behavior causing moderate management concern, or has time remaining of 61 to 120 months.

(e) Level 2: An adult in custody assigned at this custody classification level presents a limited risk of escape, has a Low-Level detainer as defined in the Custody Classification Guide (OAR 291-104-0111, Attachment 1), or has demonstrated behavior causing limited management concern, and has time remaining of 60 months or less.

(f) Level 1: An adult in custody assigned at this custody classification level presents a minimal risk of escape, meets the criteria for Detainer-Not Applicable, has demonstrated behavior causing minimal management concern and has time remaining of 60 months or less.

(8) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(9) Designator: Information, alerts, or statutory designations important for sentence computation and crucial to determining work crew eligibility, unfenced housing assignment, and the management of adults in custody and adults on supervision.

(10) Direct Supervision: The responsibility of authorized supervisors to ensure the on-site presence of an adult in custody while outside the institution secure perimeter, and to immediately report any unauthorized absence or departure.

(11) Escape: For purposes of these rules, escape:

(a) Means an unlawful departure of a person from custody (as defined herein); or escape, attempted escape, or conspiracy to escape from any correctional facility, including state, federal, county, or juvenile facilities; or departure and failure to return to any facility or housing in which a person was court ordered to reside; and

(b) Includes the unauthorized departure or absence from this state by a person who is under the jurisdiction of the Psychiatric Security Review Board, or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351; abscond while on temporary release or transitional leave from a facility; or escape, attempted escape, or conspiracy to escape from the custody of officials while in a legitimate criminal justice building for a court appearance or from full custody of law enforcement, correctional employee, or employee from any partner agency assigned to supervise a person in custody for any of the reasons a person may be in custody while in the community.

(12) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(13) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.

(14) Intensive Management Unit: Special security housing and programs separate from general population housing units in Department of Corrections facilities for adults in custody demonstrating serious security or safety concerns.

(15) Intensive Management Unit Diversion: The placement of an adult in custody who is determined to be seriously mentally ill into mental health special housing in lieu of the Intensive Management Unit for the duration of the program or until there is a change in status.

(16) Office of Population Management: A functional unit of the department that has administrative responsibility for a variety of systems including overall planning and management of adult in custody capacity requirements for correctional facilities statewide.

(17) Protection Order or Restraining Order: Any valid court order intended to protect one person from another and restraining one person from any form of contact with another person.

(18) Special Population Management Committee: A committee that is chaired by a representative from the Office of Population Management and is composed of at least two additional department employees from institution operations and Behavioral Health Services who are responsible for reviewing referrals to the Intensive Management Unit, mental health special housing, or administrative housing.

(19) Stalking Conviction: Any court conviction for stalking as described in ORS 163.732 and 163.750.

(20) Stalking Order: Any court order prohibiting one person from stalking another as described in ORS 163.732 and 163.750.

(21) Static-99R: A ten-item actuarial assessment instrument designed to determine a sex offender’s risk of reoffense. Scoring ranges between -3 (low) and 10 (high).

(22) Unfenced Housing Assignment: A housing assignment to a Department of Corrections facility that does not have a secure perimeter fence.

(23) Work Assignment Levels:

(a) Inside Work Assignment: A work assignment restricted to inside the perimeter fence of a Department of Corrections facility.

(b) On-Site Work Assignment: A work assignment on the grounds of the facility in which an adult in custody is housed, but outside the perimeter fence of the facility.

(c) Community Work Assignment: A work assignment located outside the perimeter fence and off the grounds of the Department of Corrections facility in which an adult in custody is housed.

(24) Work Housing Assignment Level Evaluation: The automated assessment program in the Corrections Information System used by the Department of Corrections to determine an adult in custody’s work assignment levels or unfenced housing assignment or both.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 16-2026, temporary amend filed 05/26/2026, effective 05/26/2026 through 11/21/2026
DOC 20-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 5-2012, f. & cert. ef. 3-1-12
DOC 21-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0020
DOC 10-2005, f. & cert. ef. 8-1-05
DOC 1-2005(Temp), f. & cert. ef. 1-7-05 thru 7-6-05
DOC 3-2002, f. & cert. ef. 1-16-02
DOC 13-1998, f. & cert. ef. 6-10-98
CD 29-1997(Temp), f. & cert. ef. 12-12-97 thru 6-11-98

Or. Admin. R. 291-082-0110 Work Housing Assignment Level Evaluation Eligibility

(1) Inside Work Assignment: All adults in custody at custody classification Level 1 or 2 are minimally eligible for an inside work assignment.

(2) On-Site Work Assignment: An adult in custody must meet the following criteria to be considered for an on-site work assignment:

(a) Meets Work Housing Assignment Level Evaluation criteria for an inside work assignment on;

(b) Has served more than 90 days in Department of Corrections custody;

(c) Has no predatory sex offender designation in Oregon or any other state, and if a sex offender, score 5 or below on the Static 99R (see Static 99R and Definitions available under OAR 291-062-0130, Attachment B) or is not classified as a Level III sex offender under OAR 255-085-0020 Sex Offender Risk Assessment Methodology;

(d) Has not been sentenced under the sexually violent dangerous offender law; and

(e) Is approved by the functional unit manager or designee.

(3) Community Work Assignment: An adult in custody must meet the following criteria to be considered for a community work assignment:

(a) Has served more than 90 days in Department of Corrections custody;

(b) Has no active designator for conviction for Arson I or Attempted Arson I;

(d) Has no active protection order or restraining order;

(e) Has no Stalking Conviction;

(f) Has no active Stalking Order;

(g) Has not been found in violation of Sexual Assault or Sexual Coercion as described in OAR 291-105-0015 Rules of Misconduct;

(h) Is a minimal escape risk as defined in the Custody Classification Guide (OAR 291-104-0111, Attachment 1) and the department’s rules on Classification (Adult in Custody) (OAR 291-104);

(i) Has no felony detainer(s) that are untried or expire after the adult in custody’s projected release date; and

(j) Has no active designators that make a community assignment inappropriate.

(4) Unfenced Housing: An adult in custody must meet the following criteria to be considered for an unfenced housing assignment:

(a) Is Custody Classification Level 1.

(b) Meets all community work assignment criteria listed in subsection (3) above.

(c) Has no active designator for conviction for Arson II, Attempted Arson II, or other related arson crimes, including attempts.

(d) Has no current active escape designator or any active moderate escape risk (ESMO) or severe escape risk (ESSV) designators, as defined in the Custody Classification Guide (OAR 291-104-0111, Attachment 1).

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 16-2026, temporary amend filed 05/26/2026, effective 05/26/2026 through 11/21/2026
DOC 24-2018, minor correction filed 08/15/2018, effective 08/15/2018
DOC 23-2018, minor correction filed 08/15/2018, effective 08/15/2018
DOC 20-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 4-2016, f. & cert. ef. 3-8-16
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 5-2012, f. & cert. ef. 3-1-12
DOC 21-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08

Or. Admin. R. 291-082-0115 Initial Work Housing Assignment Level Evaluation

(1) A Work Housing Assignment Level Evaluation shall be completed on all adults in custody who have been classified as Level 1 or Level 2 for the adult in custody to be considered for a community work assignment or for housing in an unfenced facility.

(2) The assigned counselor shall initiate the automated Work Housing Assignment Level Evaluation, review to determine information was imported from the Corrections Information System accurately and enter any additional information from file review or other sources.

(3) The Work Housing Assignment Level Evaluation shall be forwarded to the Correctional Rehabilitation Manager for approval. An evaluation is not considered official until approved by the Correctional Rehabilitation Manager or designee.

(4) All approved Work Housing Assignment Level Evaluation actions are recorded in the Corrections Information System and the records maintained in accordance with the department’s retention schedule.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08

Or. Admin. R. 291-082-0120 Work Housing Assignment Level Evaluation Review

(1) An adult in custody’s Work Housing Assignment Level Evaluation shall be reviewed when new information is received that affects the work assignment level.

(2) The adult in custody’s assigned counselor will receive an automated alert when new information is received that will affect the work assignment level.

(3) The new Work Housing Assignment Level Evaluation action shall be forwarded to the Correctional Rehabilitation Manager or designee for approval. No Work Housing Assignment Level Evaluation action is official until approved by the Correctional Rehabilitation Manager or designee.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08

Or. Admin. R. 291-082-0125 On-site Work Assignment Exception

(1) Recommendation of an adult in custody for an on-site work assignment exception may be requested by the assigned counselor. Reasons a counselor may recommend an on-site work assignment exception include, but are not limited to, positive program and work history, positive behavior, or no victim concerns.

(2) Final approval of an on-site work assignment exception will be made by the Department of Corrections facility functional unit manager or designee.

(3) Approval of on-site work assignment exception is only valid at the Department of Corrections facility where the decision was made and will automatically expire if the adult in custody is transferred to any other Department of Corrections facility.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08

Or. Admin. R. 291-082-0130 Work Housing Assignment Level Evaluation Quality Assurance Review

(1) The Office of Population Management is responsible for reviewing institution Work Housing Assignment Level Evaluation procedures and decisions.

(2) Reviewing shall consist of routine review of Work Housing Assignment Level Evaluations at each Department of Corrections facility. Such reviews shall be conducted to ensure:

(a) The policies and procedures set forth in this rule are followed; and

(b) The actions taken by the Department of Corrections facility are adequately documented.

(3) Findings inconsistent with rule and established procedures shall be documented and reported to the appropriate functional unit manager or to the appropriate Institution Administrator for corrective action.

(4) The Office of Population Management is responsible to review the last Work Housing Assignment Level Evaluation for any adult in custody who is involved in an escape or escape attempt from a Department of Corrections facility and to submit a report to the appropriate Institution Administrator.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08

Or. Admin. R. 291-082-0135 Adult in Custody Work Crews Agreements

(1) The Department of Corrections may, at its discretion, assign adult in custody work crews to work in the community on work projects for local, state, or federal governmental agencies, and private entities, to include non-profit entities.

(2) Department of Corrections facility functional unit managers will use private partnership review guidelines in determining appropriateness of private sector agreement requests.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0021
DOC 10-2005, f. & cert. ef. 8-1-05, Renumbered from 291-082-0030
DOC 1-2005(Temp), f. & cert. ef. 1-7-05 thru 7-6-05
DOC 3-2002, f. & cert. ef. 1-16-02
DOC 13-1998, f. & cert. ef. 6-10-98
CD 29-1997(Temp), f. & cert. ef. 12-12-97 thru 6-11-98

Or. Admin. R. 291-082-0140 Supervision and Security Provisions for Adult in Custody Work Crews

(1) If the Department of Corrections assigns an adult in custody work crew within 1500 feet of a school, the functional unit manager or designee will ensure notification is made to the affected school(s) with dates, times, and location of the adult in custody work crew.

(2) When an adult in custody work crew is scheduled to work within city limits, a designee of the institution will notify the appropriate local law enforcement agency prior to the project start date.

(3) Adult in custody work crews working outside within a city or working in a residential community located outside of a city will be supervised by a minimum of one supervisor for every ten (10) adults in custody. The Department of Corrections facility functional unit manager or designee may, with the approval of the Assistant Director of Operations or designee, assign additional adults in custody without an additional supervisor if an unforeseen or unique circumstance arises.

(4) The provisions specified in sections (2) and (3) of this rule are not required for adult in custody work crews deployed during natural disasters including, but not limited to, floods and forest fires.

(5) The provisions specified in sections (2) and (3) of this rule do not apply to adult in custody work crews assigned to work in programs operated by Oregon Corrections Enterprises under ORS 421.344 to 421.367.

(6) All assigned adults in custody will be dressed uniformly in clothing clearly stenciled in orange writing, or black writing for better contrast, that designates them as adults in custody.

(7) Upon arrival at a worksite, signs stating an adult in custody work crew is present will be posted in or near the work area in a place that is visible to the public.

(8) While at the work site, supervisors will maintain direct supervision of all assigned adults in custody, unless the nature of a work task requires the supervisor to monitor all assigned adults in custody by physically moving throughout the worksite.

(9) At a minimum, the adult in custody work crew supervisor will account for each adult in custody once every 30 minutes.

(10) All adult in custody work crews will be supervised by an employee of the Department of Corrections or Oregon Corrections Enterprises, unless performing a work project for a local, state, or federal governmental agency. The crew may be supervised by an employee of a governmental agency pursuant to an intergovernmental agreement entered by that agency and the Department of Corrections.

(11) The department will require, in its intergovernmental agreements with local, state, or federal governmental agencies, that any employees of the governmental agency assigned as agency work crew supervisor receive appropriate training in accordance with OAR 291-082-0145.

(12) Institution post orders will be maintained in support of this rule.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0035
DOC 3-2002, f. & cert. ef. 1-16-02

Or. Admin. R. 291-082-0145 Work Crew Supervision Training

(1) Before supervising a community adult in custody work crew, all employees of the Department of Corrections and local, state, or federal governmental agencies designated to supervise adults in custody assigned to community work crews will minimally receive eight hours of supervisory training. This training shall be developed and approved by the Department of Corrections Professional Development Unit and provided by the Department of Corrections Professional Development Unit or designee.

(2) The department will provide the designated employees periodic follow-up training at least annually. Training may be provided by the department more frequently if the department determines additional training to be necessary or advisable.

History

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075
DOC 23-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0045
DOC 3-2002, f. & cert. ef. 1-16-02

Division 83 CONTROLLED FEEDING

Or. Admin. R. 291-083-0005 Authority and Purpose

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 423.020 and 423.075.

(2) Purpose: To establish criteria and procedure for placement of an inmate on controlled feeding status.

History

Statutory/Other Authority: ORS 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
CD 28-1989, f. & cert. ef. 12-29-89
CD 13-1989(Temp), f. & cert. ef. 7-11-89

Or. Admin. R. 291-083-0010 Definitions

(1) Acceptable Behavior: Behavior that does not include throwing or misusing food or human waste or misuse of eating trays or utensils.

(2) Controlled Feeding Status: Status in which the form of food is modified and served as Nutra Loaf in order to reduce the use of food, eating utensils and human waste as weapons against staff and others.

(3) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or the coordination of program operations. In a correctional setting, the functional unit manager or designee is the superintendent.

(4) Human Waste: Materials issued from the human body, including but not limited to, blood, feces, urine, and other potentially infectious materials.

(5) Nutra Loaf: A product made from a combination of food items used in the preparation of mainline meals or medically assigned diets using standardized portion sizes and nutritionally balanced recipes. Recipes are kept on file by the Food Services Manager. The dietician is responsible for updating recipes and retaining nutritional information.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2011, f. & cert. ef. 10-6-11
CD 28-1989, f. & cert. ef. 12-29-89
CD 13-1989(Temp), f. & cert. ef. 7-11-89

Or. Admin. R. 291-083-0015 Procedures

(1) Inmates may be placed immediately on controlled feeding status with the approval of the functional unit manager or designee t for the following behavior:

(a) Throwing or misusing food or human waste.

(b) Failure to voluntarily return the eating utensils and tray to staff after each meal.

(2) The staff member who observes the adverse behavior shall prepare a disciplinary report as outlined in the Department of Corrections Rule on Inmate Prohibited Conduct and for Processing Disciplinary Actions (OAR 291-105), containing the charges and other appropriate information.

(3) The housing unit officer in charge shall recommend to the functional unit manager or designee that an inmate be placed on controlled feeding status.

(4) Upon approval of the functional unit manager or designee, the housing unit officer in charge shall submit, prior to the end of the shift, a copy of the controlled feeding order form to the Food Services Manager or designee and retain the original form in the housing unit.

(5) Upon receipt of the controlled feeding order, the Food Services Manager or designee shall provide Nutra Loaf for the inmate on controlled feeding to coincide with the regular meal schedule.

(6) A review of the controlled feeding order shall be conducted by the functional unit manager or designee and the housing unit officer in charge every 24 hours from the reported misconduct. The 24 hour review shall be noted on the controlled feeding form and in the housing unit log. The completed original feeding form will be sent to the functional unit manager for archival disposition. A copy of the completed from, retained as part of the housing unit log, will suffice as documentation within the housing unit.

(7) Return to normal feeding and the outcome of the disciplinary hearing process are not necessarily related. Controlled feeding status shall be rescinded when the inmate demonstrates a return to acceptable behavior for a period of 24 hours. Return to normal feeding status does not affect the disciplinary process or the application of sanctions for rule violations.

(8) Seven days shall be the maximum length of time that an inmate shall remain on controlled feeding status per incident.

(9) If, after returning to regular feeding status, the disruptive behavior recurs, the inmate may be returned to controlled feeding status as outlined in this rule.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2011, f. & cert. ef. 10-6-11
CD 13-1994, f. 7-19-94, cert.ef. 8-1-94
CD 28-1989, f. & cert. ef. 12-29-89
CD 13-1989(Temp), f. & cert. ef. 7-11-89

Division 86 AIC ACCESS TO INFORMATION TECHNOLOGY

Or. Admin. R. 291-086-0010 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policies and procedures for authorizing adults in custody access to and use of certain approved information technology while incarcerated in a Department of Corrections facility, and for appropriate supervision and management standards and practices to ensure adequate security safeguards for the same.

(3) Policy:

(a) Access to and use of information technology in Department of Corrections facilities is increasingly important for adults in custody to access and participate in education programs, Career and Technical Education (CTE) programs, re-entry programs, work programs, food services, law library services, general library services, recreation programs, and other programs and facility operations, and for successful transition into the community upon release from incarceration.

(b) Accordingly, within the inherent limitations of resources and the need for facility security, safety, health, and good order, it is the policy of the Department of Corrections to authorize adults in custody to access and use approved information technology while incarcerated in Department of Corrections facilities in accordance with these rules.

(c) When authorized by the department, adult in custody access to and use of approved information technology is permitted neither as a matter of right nor as a privilege of the adult in custody; rather, adult in custody access to and use of information technology may be authorized when in the judgment of the department it furthers the adult in custody’s programming and rehabilitation, the department’s correctional goals and mission, and is consistent with the safe, secure, orderly, and efficient management and operation of Department of Corrections facilities.

(d) Appropriate supervision and management practices associated with adult in custody access to and use of approved information technology shall be maintained at all times to ensure adequate security safeguards.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, amend filed 10/14/2024, effective 10/14/2024
DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05
DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05
DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99

Or. Admin. R. 291-086-0020 Definitions

(1) Adult in Custody (AIC): Any person under the custody or supervision of the Department of Corrections and who is not on parole, probation, or post-prison supervision.

(2) Adult in Custody Supervisor: Any employee of the Department of Corrections or of Oregon Corrections Enterprises (OCE), or any Department of Corrections or Oregon Corrections Enterprises contractor, that is responsible for supervising an adult in custody.

(3) Approved Information Technology: Any information technology that has, through proper procedure, been requested, verified, vetted, and approved by the Assistant Director of Operations or their designee and the Chief Information Officer or their designee. Approved information technology may include the material physical components or logical software components of an information system for the use of education, Career and Technical Education, re-entry, work, food services, law library, general library, recreation, or other programs.

(4) Designated Committee: An institution’s Special Needs Inmate Evaluation Committee (SNIEC) or Multi-Disciplinary Team (MDT) that meets on a regular basis to review and make decisions on special cases involving adults in custody.

(5) Functional Unit Manager: Any person within the Department of Corrections or Oregon Corrections Enterprises who reports to either a Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations.

(6) Information Security Officer (ISO): The individual within the Department of Corrections who has the responsibility to establish and maintain information security policy, assess threats and vulnerabilities, perform risk and control assessments, oversee the governance of security operations, and establish information security training and awareness programs. The Information Security Officer also interfaces with security operations to manage implementation details and with auditors to verify compliance to established policies. The Information Security Officer is responsible for coordinating program requirements throughout the agency with designated points of contact and project managers.

(7) Information Technology (IT): Any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For purposes of the preceding sentence, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency which: (i) requires the use of such equipment; or (ii) requires the use, to a significant extent, of such equipment in the performance of a service or the furnishing of a product. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

(8) Information Technology Services (ITS): The Department of Corrections unit that is responsible for providing technology services and support to the agency, employees, contractors, volunteers, or adults in custody.

(9) Institution Assignment Office: The person or unit within an institution responsible for maintaining adult in custody work or program assignments.

(10) Operations Technology Liaison: The individual within the Department of Corrections, who reports to the Operations Unit Budget and Policy Administrator, fulfilling the role of liaison between the Operations Unit and Information Technology Services.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, amend filed 10/14/2024, effective 10/14/2024
DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05
DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05
DOC 15-2000, f. & cert. ef. 6-19-00
DOC 27-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99

Or. Admin. R. 291-086-0030 General

(1) Adult in Custody Access to Approved Information Technology:

(a) Adults in custody may only be granted access to approved information technology and only for purposes approved by the functional unit manager or designee and Information Technology Services in accordance with these rules.

(b) Approved purposes may include but are not limited to education programs, Career and Technical Education programs, re-entry programs, work and program assignments, food services, law library services, general library services, recreation programs, and other approved programs.

(2) IT Security Measures: The Department of Corrections shall employ IT security measures to ensure adults in custody only have access to approved information technology, systems, applications, or websites. These measures may include but not be limited to operating system usage restrictions, firewalls, log aggregation, keystroke logging, or session mirroring.

(3) Requests for Purchase, Acquisition, or Implementation of Adult in Custody Information Technology: All proposed requests for the purchase, acquisition, or implementation of adult in custody information technology shall be reviewed by the Information Security Officer, Information Technology Services Technical Services Manager, and the Assistant Director of Operations to ensure all adult in custody accessible devices and systems are researched and approved as meeting any security protocols established by the Department of Corrections Information Security Officer and Department of Administrative Services (DAS) Cyber Security Services.

(4) Donations: No Department of Corrections facility or office shall accept any donated information technology from any individual or organization without the prior written approval of the Assistant Director of Administrative Services and the Assistant Director of Operations.

(5) All employees responsible for acquiring information technology for adults in custody shall follow Department of Corrections policies on procurement and contracting. Employees who are requesting new acquisition of, or upgrades to, information technology should familiarize themselves with the aforementioned policies.

(6) Employees shall observe all state and federal requirements regarding the handling and sharing of confidential legal work and education records.

(7) Employees shall be responsible for the control and security of any media, Wi-Fi, wired connectivity or telephone line used within an area where adults in custody are allowed to access information technology.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, amend filed 10/14/2024, effective 10/14/2024
DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05
DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05
DOC 15-2000, f. & cert. ef. 6-19-00
DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99

Or. Admin. R. 291-086-0036 Management of Approved Information Technology

(1) The Chief Information Officer (CIO) or designee is responsible for the overall management of information technology authorized for approved use by adults in custody, which shall include, but is not limited to:

(a) Installation and maintenance of information technology systems;

(b) Installation and maintenance of information technology software;

(d) Implementation of security controls;

(e) Securing and maintaining appropriate licenses;

(f) Updating information technology systems, software, and security controls, as necessary;

(g) Setting up network folders and authorizing access to appropriate internet sites;

(h) Blocking access to certain internet sites;

(i) Ensuring that adults in custody cannot use information technology to access any confidential information, Departmental sites or programs, or unapproved external sites or entities;

(j) Maintaining a list of authorized internet sites and notifying applicable employees of any changes to the list;

(k) Managing adult in custody user accounts to include expiration dates, size limitations, etc.;

(l) Ensuring appropriate employees monitor information technology access by adults in custody to improve service levels and prevent unauthorized use or access by adults in custody;

(m) Ensuring that any security breaches related to adult in custody information technology access are reported and appropriately investigated;

(n) Overseeing audits of information technology access by adults in custody; and

(o) Providing any necessary technical assistance to employees that are responsible for supervising information technology access by adults in custody.

(2) Service or repair work to be performed on information technology must not be performed in the presence of an adult in custody unless authorized by the Information Technology Services Technical Services Manager or designee.

(3) Information technology systems and adult in custody accounts must be routinely audited no less than once every six months by employees who are familiar with the usage of the system and trained to look for security issues or violations.

(4) Audits will be logged and provided to work or program supervisors on a quarterly basis. Audits highlighting or identifying security issues will be provided to the Information Security Officer immediately. Work or program supervisors will submit an annual report containing the previous year’s audit reports to the Information Security Officer and the Assistant Director of Operations.

(5) All information technology approved for adult in custody access will be identified as such with highly visible, conspicuous labeling.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024

Or. Admin. R. 291-086-0040 Process for Authorizing Adult in Custody Access to Approved Information Technology

(1) All requests for adult in custody access to information technology must be submitted to the functional unit manager or designee for approval, depending on the area of responsibility, prior to granting access to the adult in custody.

(2) The functional unit manager or designee may only grant access to approved information technology. Any request for access to information technology that is not approved information technology must be denied.

(3) All requests for adult in custody access to information technology shall be submitted on an AIC access to information technology form (CD 1426A). The adult in custody supervisor shall submit the request to the functional unit manager or designee for approval. If approved, the adult in custody supervisor and the functional unit manager or designee shall sign the request form and forward it to the technical support unit responsible for implementation of the requested system (Information Technology Services or Oregon Corrections Enterprises). If a USB drive is required for the program or assignment, an accompanying AIC USB Drive Acknowledgement form (CD 1426C) must be submitted to the technical support unit responsible for the implementation.

(4) Information Technology Services or Oregon Corrections Enterprises technical support will configure access as specified in the submitted AIC access to information technology form (CD 1426A).

(a) A domain user account and network storage location will be created for any approved adult in custody specified on the form who does not already have such.

(b) The network storage location is the only authorized data storage location for adult in custody use.

(5) No adult in custody shall be granted access to information technology which contains data deemed inappropriate for adult in custody access by the Department of Corrections Information Technology Services Information Security Officer or is connected in any way to the Department of Corrections information system network.

(6) The adult in custody supervisor shall review the standards for information technology use listed in OAR 291-086-0050 with the adult in custody prior to allowing the adult in custody to use information technology.

(7) The functional unit manager or designee shall maintain a file of all approved requests for adult in custody access to information technology.

(8) Adult in custody supervisors shall abide by all department rules and standards governing adult in custody access to information technology. Adult in custody supervisors are responsible for all work done by adults in custody on information technology and shall:

(a) Perform periodic audits of software and data on the equipment to ensure appropriateness;

(b) Perform routine review of AIC access to information technology forms (CD 1426A) no less than annually to ensure ongoing necessity.

(9) As appropriate, Information Technology Services or Oregon Corrections Enterprises technical support will perform random reviews of Department of Corrections or Oregon Corrections Enterprises information technology systems respectively to ensure configurations conform to the approved configuration of the system. The functional unit manager may contact Information Technology Services or Oregon Corrections Enterprises technical support to request an audit of specific information technology systems.

(10) Suspension or Restriction of an Adult in Custody’s Access to Information Technology:

(a) Any Department of Corrections or Oregon Corrections Enterprises manager may suspend the authorization for an adult in custody to access and use information technology if rule violations are suspected.

(b) The institution assignment office will be notified of the suspension and remove the adult in custody from any assignment related to information technology and place the adult in custody on “Review” status.

(d) As provided in this rule, the adult in custody supervisor(s) will audit the usage of the system and may request Information Technology Services or Oregon Corrections Enterprises to investigate the system by sending a formal request to Information Technology Services Security or Oregon Corrections Enterprises management. Department of Corrections requests will be submitted to the Information Technology Services Security Confidential email distribution list. Oregon Corrections Enterprises requests will be through Oregon Corrections Enterprises support services. Findings will be reported to the functional unit manager who signed the investigation request form.

(e) If rule violations are found to have occurred, appropriate actions will be taken including but not limited to disciplinary misconduct reports, program failures, and permanent restriction from access to and use of information technology.

(f) As part of this process, Information Technology Services or Oregon Corrections Enterprises technical support may recommend to the functional unit manager or designee a course of action to mitigate any problem which arises because of an adult in custody’s use of information technology.

(g) A decision to suspend or otherwise restrict an adult in custody’s access to information technology resulting from a misconduct report or disciplinary order issued in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) is subject to review only as provided in OAR 291-105.

(11) Any changes from the original AIC access to information technology form (CD 1426A) must follow the same approval process as a new request.

(12) Adult in custody access to and use of information technology is not guaranteed and may be affected by technological limitations, system updates or failures, hardware malfunctions, facility security necessities, or acts of nature.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, amend filed 10/14/2024, effective 10/14/2024
DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05
DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05
DOC 15-2000, f. & cert. ef. 6-19-00
DOC 27-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99

Or. Admin. R. 291-086-0045 Approval Process for Adult in Custody Information Technology User Accounts

(1) Supervisors submitting an AIC access to information technology form (CD 1426A) shall submit the request through the institution assignment office. The assignment office will screen the adult(s) in custody for appropriateness of the assignment or eligibility of the adult(s) in custody and report findings to the requestor.

(2) Criterion that will exclude an adult in custody from using information technology includes but is not limited to computer-related crime(s), identity theft crime(s), or documented violation of this rule.

(3) Adults in custody approved for access to information technology must sign an AIC access to information technology acknowledgement statement (CD 1426B) prior to using any information technology system.

(4) Adults in custody approved for access to information technology will need to obtain an adult in custody domain user account from Information Technology Services or Oregon Corrections Enterprises.

(a) The supervisor shall request a domain user account for the adult in custody by forwarding a copy of the AIC access to information technology acknowledgement statement (CD 1426B) to Information Technology Services or Oregon Corrections Enterprises.

(b) Information Technology Services or Oregon Corrections Enterprises will follow their standard procedures for creating a user account.

(c) Adult in custody user accounts will be created using username and password requirements matching current Department of Corrections standards, a standardized storage size limit, and an expiration date to not exceed their release date.

(d) The adult in custody supervisor shall inform Information Technology Services or Oregon Corrections Enterprises of any changes in an adult in custody’s approved access to information technology. Information Technology Services or Oregon Corrections Enterprises will update the adult in custody user account to reflect the change, up to and including deletion of the account.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, amend filed 10/14/2024, effective 10/14/2024
DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05
DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05
DOC 15-2000, f. & cert. ef. 6-19-00

Or. Admin. R. 291-086-0049 Process for Requesting Information Technology to Assist With a Disability

(1) To request information technology to assist with a disability, an adult in custody should contact the institution ADA Coordinator to make an accessibility request. All information technology requested through the accessibility request process are subject to Information Technology Services or Oregon Corrections Enterprises review and approval.

(2) In the event of non-use, improper use, or abuse of information technology described in this rule, an adult in custody’s access to approved information technology may be modified, suspended, or restricted.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024

Or. Admin. R. 291-086-0050 Standards for Use of Information Technology by Adults in Custody

(1) No adult in custody shall be permitted to enter, view, update, or manipulate information within information technology systems except as authorized by the functional unit manager or designee and their specific AIC access to information technology form (CD 1426A).

(2) Once an adult in custody has been granted access to an information technology system, the adult in custody shall not be allowed to use the system without specific assignment by supervising employees. No adult in custody shall create, modify, or change programs or scripts that will be used on the department’s adult in custody network without the approval of the Assistant Director of Operations and the Information Security Officer or their designees.

(3) An adult in custody shall be supervised at all times while using information technology.

(4) An adult in custody shall only use approved information technology which has been approved and authorized in accordance with these rules.

(5) An adult in custody shall not repair or modify information technology systems except as part of an approved and authorized program.

(6) An adult in custody shall not be allowed direct access to printers or multi-function devices. Printers and multi-function devices for adult in custody use shall be caged or secured to eliminate direct adult in custody access. All print outs shall be reviewed by supervising employees.

(7) An adult in custody shall not view, gather, or store personal data relating to any person other than themselves, unless authorized by the program that are participating in.

(8) An adult in custody shall not control or possess any computer media except that which has been reviewed, approved, and authorized by supervising employees.

(9) An adult in custody shall not utilize information technology outside of the unit or area for which they are approved.

(10) An adult in custody shall not share or divulge their user account password for any reason. When performing routine system checks, the adult in custody supervisor will have the adult in custody enter their password into the system.

(11) An adult in custody shall not be allowed to manage any programs that affect adult in custody assignments or allocations.

(12) No adult in custody shall create or maintain content that is published to an official department website, Oregon Corrections Enterprises website, or external website unless reviewed by supervising employees prior to publishing and as part of an approved and authorized program.

(13) Adults in custody approved for information technology access shall have no expectation of privacy or confidentiality when using information technology. Department of Corrections shall monitor all aspects of Department of Corrections IT systems and such monitoring may occur at any time, without notice, and without the user’s permission.

(14) No adults in custody will be present in any room with information technology systems without supervising employees being present.

(15) Adults in custody are prohibited from password protecting files.

(16) Adults in custody shall not use information technology to conduct or otherwise operate a business without authorization.

(17) Adults in custody are prohibited from accessing any wireless network used in the administrative operations of the Department of Corrections or any wireless network used by individuals, organizations, or other entities outside of the Department of Corrections.

(18) Adults in custody are prohibited from consuming food or beverages when using or around information technology.

(19) Adults in custody approved for access are prohibited from using information technology for the following:

(a) To violate copyright laws;

(b) To harass or threaten anyone;

(d) To commit any violation of the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105);

(e) To access pornography;

(f) To access any materials that would not be allowed to be received via the mail in accordance with the department’s rules on Mail (AIC) (OAR 291-131);

(g) To upload any program or introduce any virus into any information technology system;

(h) To impersonate any other person, falsely represent themself, or make any other false statement in connection with information technology use;

(i) To intentionally or negligently destroy, damage, or cause a malfunction of any information technology system;

(j) To contact anyone with whom they have a no contact order or who is a victim of a crime committed by them;

(k) To contact anyone on behalf of another adult in custody for any reason; or

(l) To allow another adult in custody access to the individual’s user account, user ID, password, or storage locations.

(20) Adults in custody who violate any of these aforementioned prohibitions are subject to any or all of the following: termination of approval for information technology access, disciplinary or other administrative action, or criminal prosecution.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, amend filed 10/14/2024, effective 10/14/2024
DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05
DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05
DOC 15-2000, f. & cert. ef. 6-19-00
DOC 4-2000, f. & cert. ef. 1-13-00 thru 6-19-00
DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99

Or. Admin. R. 291-086-0070 Review of Access Restrictions

Upon being notified of the department’s decision to restrict an adult in custody’s access to information technology, the adult in custody may request review of the decision through:

(1) The administrative hearings process as governed by the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), if a misconduct report has been submitted for the action;

(2) The grievance review system as governed by the department’s rules on Grievance Review System (OAR 291-109), if no misconduct report has been submitted for the action; or

(3) The ADA grievance process as governed by the department’s rules on Accessibility for Adults in Custody with Disabilities (OAR 291-111), if the adult in custody’s access restriction is for information technology described in OAR 291-086-0049.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024

Or. Admin. R. 291-086-0071 Removal of Access Restriction

(1) An adult in custody may request that their restriction from access to information technology be removed after one year from the restriction date.

(a) To request removal of a restriction from access to information technology an adult in custody must send an AIC communication form requesting removal of the access restriction, together with any supporting documentation, to the designated committee at the facility where the adult in custody is currently housed. Documentation submitted as part of this review process will not be returned to the adult in custody. The request should support that the adult in custody has demonstrated significant positive behavior change and no longer poses a threat to the security of the facility, the department, or the community through access to information technology.

(b) The designated committee may gather information pertinent to the restriction review. The review will include a recommendation from Information Technology Services.

(c) The designated committee shall complete its review within 30 days after receiving the adult in custody’s request for removal of the access restriction. If the review takes longer than 30 days, the reason for the delay will be documented with the resulting recommendation. The committee will forward their recommendation to the Department of Corrections Operations Technology Liaison.

(2) The Department of Corrections Operations Technology Liaison or designee shall review and track the recommendation provided by the designated committee. The Department of Corrections Operations Technology Liaison will forward the recommendation to the Institutions Administrators or their designees for decision. The decision will ordinarily be issued within 30 days of receipt. If the review takes longer than 30 days, the reason for the delay will be documented.

(3) The Institutions Administrators or their designees shall notify the adult in custody of the decision in writing. The decision shall be final and is not subject to further review for a period of one year from the date of the decision.

(4) Requests for removal of restrictions from access to information technology described in OAR 291-086-0049 must be submitted and processed through the ADA accessibility request process as governed by the department’s rules on Accessibility for Adults in Custody with Disabilities (OAR 291-111).

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024

Division 93 DEATH ROW HOUSING UNIT

Or. Admin. R. 291-093-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish procedures and standards for the management of adults in custody (AIC) assigned by the Department to the Death Row Housing Unit and to designated Death Row status cells, and for the assignment of AICs with the sentence of death to appropriate housing.

(3) Policy: It is the policy of the Department of Corrections to assign AICs with a sentence of death to appropriate housing, which may include Death Row Housing Unit or a Death Row status cell or other housing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018
DOC 4-2013, f. & cert. ef. 4-15-13
DOC 11-2012(Temp), f. & cert. ef. 11-5-12 thru 5-4-13
CD 24-1994, f. 12-21-94, cert. ef. 1-3-95
CD 14-1989(Temp), f. & cert. ef. 7-11-89

Or. Admin. R. 291-093-0006 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) AIC on Death Row Status: An AIC under sentence of death who has been assigned by the Department to the Death Row Housing Unit or to a Death Row status cell.

(3) Functional Unit Manager (FUM): Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or the coordination of program operations. In a correctional facility, the superintendent is the functional unit manager.

(4) Office of Population Management: A functional unit of the department that oversees capacity and resource management, long term prison planning, the AIC classification system, high risk AIC placement, Interstate Corrections Compact, treatment and program screening, Oregon Youth Authority/Oregon State Hospital/ghost caseloads, transgender AICs, centralized Static 99R assessments, centralized transfer authority, and staff and AIC conflict review.

(5) Special Population Management Committee (SPM): A committee that is chaired by a representative from the Office of Population Management and is composed of at least two additional Department staff from institution operations, and Behavioral Health Services who are responsible for reviewing referrals to the Intensive Management Unit (IMU), mental health special housing, or administrative housing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-093-0007 Housing Assignment

(1) The SPM Committee may reclassify and assign an AIC with a sentence of death to appropriate housing, which may include the Death Row Housing Unit or a Death Row status cell or other housing.

(2) All cell moves, within the housing type designated by the SPM Committee, shall be approved by the housing unit officer in charge and the FUM or designee.

History

Statutory/Other Authority: ORS 423.075, ORS 179.040, 423.020 & 423.030
Statutes/Other Implemented: ORS 423.075, ORS 179.040, 423.020 & 423.030
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018
CD 27-1989, f. & cert. ef. 12-29-89
CD 17-1989(Temp), f. & cert. ef. 8-29-89

Or. Admin. R. 291-093-0010 Property

(1) AICs on death row status shall be allowed the same property in their cells as AICs assigned to general population housing, except for specific items determined by the FUM or designee to be inconsistent with the maintenance of internal security, discipline or order in the institution, or the health or safety of staff or AICs.

(2) All property in cells must be stored in issued containers and on assigned shelves. No items shall be stored in other than designated areas.

(3) AICs on death row status shall be allowed minimally one set of clothes in the cell as designated by the FUM or designee.

(4) Electronic Devices (Television, radio, handheld media device, et cetera)

(a) Headphones/earphones shall be worn in the traditional manner when individual AIC electronic devices are in use in housing units or designated cells.

(b) Output volume will be kept at a level that cannot be heard outside the AIC’s cell.

(d) No repairs on electronic devices will be allowed except as directed by the FUM or designee.

(5) Property shall not be placed on cell bars or be used to obstruct security.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018
CD 24-1994, f. 12-21-94, cert. ef. 1-3-95
CD 14-1989(Temp), f. & cert. ef. 7-11-89

Or. Admin. R. 291-093-0013 Sanitation

AICs on death row status are responsible for cleanliness of their cells. All cells must be maintained in a clean and sanitary condition at all times. No food items shall be stored except those purchased from commissary or authorized by the FUM or designee.

History

Statutory/Other Authority: ORS 423.075
Statutes/Other Implemented: ORS 423.075, ORS 179.040, 423.020 & 423.030
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018
CD 27-1989, f. & cert. ef. 12-29-89
CD 17-1989(Temp), f. & cert. ef. 8-29-89

Or. Admin. R. 291-093-0015 Services and Activities

(1) Commissary:

(a) AICs on death row status may be allowed to purchase such commissary items that are made available to general population as determined by the FUM or designee.

(b) When permitted, access to the commissary will be on a weekly basis. Each week commissary is permitted, commissary slips shall be handed out based on a schedule to be determined by the FUM or designee.

(2) Clothing:

(a) A clean set of clothing shall be provided on an exchange basis at least three times per week.

(b) Coats or other protective clothing may be issued for yard, transport or escort purposes only, in the case of inclement weather. Issued coats shall not be permitted in the cell, unless authorized by FUM or designee.

(3) Exercise: AICs on death row status shall have an opportunity for inside and outside exercise.

(a) Inside Exercise: AICs on death row status may be provided an opportunity for inside exercise a minimum of 40 minutes per day, seven days per week. The 40 minutes may include shaving and showering.

(b) Outside Exercise: AICs on death row status may be provided an opportunity for outside exercise for one hour per day a minimum of five days per week, if they choose to participate,

(c) Exercise shall be permitted in designated areas and conducted in a manner specified by staff except as authorized by the FUM or designee due to security, staff availability, safety or other considerations.

(4) Mail: AICs on death row status shall be allowed to correspond in accordance with the Department of Corrections rules on Mail (AIC) (OAR 291‑131). Legal mail shall be opened in the presence of the AIC except as outlined in the rules on Mail (AIC) (OAR 291‑131).

(5) Telephone Services: AICs on death row status will be provided telephone services in accordance with the Department of Corrections rules on Telephones (AIC) (OAR 291-130), except as directed by the FUM/designee. Legal and staff‑assisted phone calls shall be allowed as provided in the Department of Corrections rule on Telephones (AIC) (OAR 291‑130).

(6) Visiting:

(a) AICs on death row status who are approved for visiting shall be permitted two basic visits per week with approved visitors on their visiting list. The maximum length of visits is limited to two hours, depending upon space availability. Visits shall be scheduled in advance.

(b) Visiting shall occur in accordance with the Department of Corrections rules on Capital Punishment (Death by Lethal Injection) (OAR 291‑024) and Visiting (AIC) (OAR 291‑127).

(7) Religious Services: AICs on death row status will be afforded Religious Activities in accordance with the Department of Corrections rules on Religious Activities (OAR 291-143).

(8) Education Services: AICs on death row status may request and obtain access to authorized educational materials by submitting an AIC Communication to the housing unit supervisor. Once the request is approved, the housing unit supervisor shall forward it to the appropriate education resource.

(9) Food:

(a) Except when under a special diet specifically prescribed by the medical officer, AICs on death row status shall receive food prepared in accordance with the sanitation standards specified in the Department of Corrections rule on Food Service Programs (OAR 291-061) . AICs on death row status will receive food of the same quality and standard ration as AICs assigned to general population housing, unless security circumstances dictate otherwise or theAIC has been placed on a special medically approved diet. Partial meals will not be served.

(b) AICs on death row status may request religious dietary accommodations in accordance with Religious Activities (OAR 291-143).

(10) Linen: AICs on death row status will be provided with clean linen in accordance with a cleaning or exchange schedule established in accordance with the Department of Corrections rule on Hygiene, Grooming and Sanitation (AIC OAR 291-123).

(11) Personal Hygiene:

(a) AICs on death row status will have the opportunity to shower and shave at least three times weekly.

(b) AICs on death row status will be afforded haircuts on a schedule as designated by the FUM or designee.

(12) Medical/Dental/Mental Health Care and Services:

(a) AICs on death row status will be provided access to medical, dental, and mental health care and services in accordance with the Department of Corrections rules on Health Services (AIC) (OAR 291-124).

(b) AICs on death row status will be provided regular access to pill line and sick call in accordance with a schedule established by the FUM/designee in consultation with the institution Medical Services Manager.

(13) Request forms will be provided as authorized by the FUM or designee.

(14) Reading material will be available and exchanged as scheduled.

(15) Work Assignments: AICs on death row status may be afforded work assignments within the housing unit and related outside areas as authorized by the FUM or designee.

(16) Legal Materials and Activities: AICs assigned to death row status shall be permitted to possess and access their own legal materials and pursue their legal activities in accordance with these rules, and as prescribed in the Department of Corrections rules on Legal Affairs (AIC) (OAR 291-139) and Personal Property (AIC) (OAR 291-117) .

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018
CD 24-1994, f. 12-21-94, cert. ef. 1-3-95
CD 27-1989, f. & cert. ef. 12-29-89
CD 17-1989(Temp), f. & cert. ef. 8-29-89
CD 14-1989(Temp), f. & cert. ef. 7-11-89

Or. Admin. R. 291-093-0020 Suspension of Services or Activities

(1) If an AIC is using any service or activity in a destructive manner, or in a manner that is deemed by staff to be inconsistent with the AIC’s rehabilitation or with the maintenance of internal security, discipline or order of the institution, or the health or safety of staff or AICs, that service or activity may be suspended or modified as determined by the housing unit officer‑in‑charge and approved by the FUM or designee. A written report will follow within 24 hours.

(2) Activities or services suspended or modified are to be reinstated at the earliest possible time when the basis for suspension or modification has ceased to exist.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2020, amend filed 10/01/2020, effective 10/01/2020
DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020
DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018
CD 24-1994, f. 12-21-94, cert. ef. 1-3-95
CD 14-1989(Temp), f. & cert. ef. 7-11-89

Division 97 PRISON TERM MODIFICATION

Or. Admin. R. 291-097-0200 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120, 421.121, 421.122, 423.020, 423.030 and 423.075.

(2) The purpose of this rule is to establish procedures for calculating, applying, retracting, and restoring earned time, statutory good time and extra good time credits, and for recommending modifications of parole release dates to the Board of Parole and Post-Prison Supervision, for AICs sentenced for crimes committed on or after November 1, 1989 (sentencing guidelines), and for AICs sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines).

(3) Policy:

(a) It is the policy of the Department of Corrections that AICs serving sentences for crimes committed on or after November 1, 1989 (sentencing guidelines), may be considered for a reduction in their term of incarceration pursuant to ORS 421.121, as set forth in these rules.

(A) AICs sentenced under sentencing guidelines may be eligible to earn sentence reduction credits (earned time credits) up to a maximum of 20 percent or 30 percent of each sentencing guidelines sentence, pursuant to ORS 421.121, as set forth in these rules.

(B) Earned time credits are designed to provide incentive for appropriate institutional behavior, program participation, and for certain AICs, obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010.

(b) It is the policy of the Department of Corrections that AICs serving sentences for crimes committed prior to November 1, 1989 (pre-sentencing guidelines sentences), may be eligible for prison term reduction credits (statutory good time and extra good time credits) pursuant to ORS 421.120, as set forth in these rules.

(c) It is the policy of the Department of Corrections that AICs sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines sentences), may be eligible to receive a recommendation from the Department to the Board of Parole and Post-Prison Supervision that the AIC receive prison term reduction credits for an earlier date, as set forth in these rules.

(d) It is the policy of the Department of Corrections to develop case plans on all AICs assigned to a Department of Corrections facility.

(e) It is the policy of the Department of Corrections to not calculate earned time for boarders from another state or those AICs serving only pre-sentencing guidelines sentences.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
Renumbered from 291-097-0005 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0005 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0210 Definitions

(1) Adult In Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(2) Case Plan: A dynamic document created by Department of Corrections counselors collaboratively with an AIC that specifically identifies the AIC’s evidence-based assessed risk and needs, accompanied by risk reduction strategies and plans of action, with timelines.

(3) Certificate or Degree from a Post-Secondary Education Institution: A certificate or degree awarded by a post-secondary education institution as defined in ORS 337.511 for satisfactory completion of a course of study, which has been approved by the State Board of Education.

(4) Earned Time Credits: Sentence reduction credits (days), up to 30 percent of the sentence imposed, that can be earned by an AIC sentenced under sentencing guidelines, pursuant to ORS 421.121, and these rules.

(5) Earned Time Release Date: The release date that has been achieved by an AIC calculated by subtracting the earned time credits accrued from the maximum date.

(6) Extra Good Time Credits: Sentence reduction credits (days) that can be earned by an AIC sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines), for satisfactory work assignment or participation in an educational program, pursuant to ORS 421.120(2)(c),(d),(e) [former ORS 421.120(1)(c), (d), (e)] and 421.122, and these rules. Days earned reduce the statutory good time date. Methods of computation are delineated in OAR 291-097-0070.

(7) Facesheet: Document that shows a summary of sentences for which an AIC is incarcerated by the Department of Corrections.

(8) Final Review Period: An increment of at least four months prior to an AIC’s projected release date.

(9) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(10) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, or an Assistant Director and has responsibility for the delivery of program services or coordination of program operations.

(11) Judgment: Document issued by the court that commits an AIC to the legal and physical custody of the Department of Corrections and reflects the AIC's term of incarceration, any applicable statutes, term of post-prison supervision (for crimes committed on or after November 1, 1989), and court-ordered supervision conditions, if any.

(12) Multi-disciplinary Team (MDT): Stakeholders from different divisions within a functional unit who come together to provide comprehensive assessment, consultation and perspectives concerning an AIC’s incarceration and successful reentry to the community.

(13) Non-Prison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program. Non-prison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751, ORS 421.508, ORS 421.510 and the department’s rule on Alternative Incarceration Programs (OAR 291-062).

(14) Offender: Any person under the supervision of the Department of Corrections, local supervisory authority or community corrections who is on probation, parole or post-prison supervision status.

(15) Offender Information & Sentence Computation Unit (OISC): The functional unit charged to administrate applicable statutes pertaining to sentencing; develop, implement and revise applicable processes for AIC and offender sentence computation; respond to public information requests with regard to AICs and offenders; certify an AIC's release date; and provide supportive services to department facilities with regard to AIC sentencing.

(16) Parole Release Date: The date on which an AIC is ordered to be released from an indeterminate prison sentence(s) to parole by the Board of Parole and Post-Prison Supervision. Parole release may be to the community, detainer or to another Department of Corrections sentence.

(17) Post-Secondary Education Institution: An education institution as defined in ORS 337.511.

(18) Post-Prison Supervision: A period of community supervision ordered by the sentencing judge for offenders convicted of a crime(s) committed on or after November 1, 1989.

(19) Pre-Sentence: That period of time a defendant spends in physical custody or incarceration from the point of arrest to the date of delivery to the Department to serve that sentence.

(20) Pre-sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989. May also be referred to as “Matrix” sentences.

(21) Prison Term:

(a) Sentencing Guidelines Sentences: The length of incarceration time within a Department of Corrections facility as established by the court in the judgment for each crime of conviction.

(b) Pre-Sentencing Guidelines Sentences: The length of required incarceration time within a Department of Corrections facility as established by the order of the Board of Parole and Post-Prison Supervision setting of a parole release date.

(22) Projected Release Date: The date upon which an AIC is anticipated to complete service of the prison term.

(23) Restoration of Earned Time, Statutory Good Time, Extra Good Time Credits: Where previously retracted earned time, statutory good time, extra good time and previously forfeited statutory good time and extra good time for parole violators are granted and applied back to the AIC's sentence.

(24) Retraction: Where previously granted earned time, statutory good time or extra good time credits are forfeited by an AIC as a result of a significant negative action on the part of the AIC, in accordance with the rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), or forfeiture of program earned time credits, advanced at the beginning of the final review period, for failure to comply with the case plan during the final review period.

(25) Review Period: A six-month increment, beginning with an AIC’s admission date, used to determine an AIC’s compliance with institution behavior and their case plan.

(26) Sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after November 1, 1989.

(27) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide AICs with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave shall be granted in accordance with ORS 421.168 and the department’s rules on Short-Term Transitional Leave, Emergency Leaves and Supervised Trips (OAR 291-063).

(28) Statutory Good Time Credits: Prison term reduction credits (days) applicable to sentences for crimes committed prior to November 1, 1989 (pre-sentencing guidelines) , pursuant to ORS 421.120(2)(a),(b) [former ORS 421.120(1)(a), (b)], and these rules.

(29) Supplemental Judgment: The form of judgment prepared by and transmitted to a sentencing court pursuant to Oregon Laws 2009, Chapter 660, §18 (House Bill 3508) which authorizes the Department to consider the AIC for a reduction in the term of incarceration under ORS 421.121 that may not exceed 30 percent of the total term of incarceration in a DOC facility.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
Renumbered from 291-097-0010 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0010 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 7-2011, f. & cert. ef. 4-8-11
DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
DOC 18-2000, f. & cert. ef. 6-26-00
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0215 Earned Time Credits for Crimes Committed on or after November 1, 1989 through June 30, 2009 and Sentenced Prior to July 1, 2009

(1) Pursuant to ORS 421.121, AICs with eligible crimes committed on or after November 1, 1989 through June 30, 2009 and sentenced prior to July 1, 2009, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post-prison supervision; or

(g) Subject to any other Oregon statutes restricting earned time credits.

(2) Pursuant to ORS 421.121, AICs sentenced under the sentencing guidelines prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department of Corrections to consider the AIC eligible for additional earned time credits, may earn sentence reduction credits up to 30 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs described in 291-097-0215(1)(a-g) or AICs:

(a) Whose prison term reached its earned time release date prior to or on August 31, 2009;

(b) Whose prison term reached its earned time release date prior to the date the sentencing court enters a supplemental judgment;

(c) Whose supplemental judgment approving a reduction in the term of incarceration under ORS 421.121 that may not exceed 30 percent is:

(A) Dated after February 17, 2010 at 10 a.m.; or

(B) Dated on or after February 17, 2010, and the court made the order on the record in open court after February 17, 2010, at 10 a.m.; or

(d) Serving a sentence for the following crimes:

(A) Rape in the Third Degree under ORS 163.355;

(B) Sodomy in the Third Degree under ORS 163.385;

(D) Criminally Negligent Homicide under ORS 163.145;

(E) Assault in the Third Degree under ORS 163.165;

(F) Assault in the Fourth Degree under ORS 163.160(3);

(G) A crime listed in ORS 137.700; or

(H) An attempt to commit a crime described in this subsection.

(3) Pursuant to ORS 475.930(2) and as outlined in OAR 291-097-0235, for eligible crimes committed on or after January 1, 2009, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence imposed under ORS 164.061, 475.907, 475.924 or 475.925.

(4) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
Renumbered from 291-097-0015 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0015 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
DOC 19-1998, f. & cert. ef. 8-14-98
DOC 3-1998(Temp), f. & cert. ef. 2-20-98 thru 8-17-98
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0220 Earned Time Credits for Crimes Committed on or after November 1, 1989 through February 16, 2010 and Sentenced on or after July 1, 2009

(1) Pursuant to ORS 421.121, AICs with eligible crimes committed on or after November 1, 1989 through February 16, 2010 and sentenced on or after July 1, 2009, may earn sentence reduction credits up to 30 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except for AICs:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post prison supervision; or

(g) Subject to any other Oregon statutes restricting earned time credits.

(2) If otherwise eligible for earned time, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence for the following crimes:

(a) Rape in the Third Degree under ORS 163.355;

(b) Sodomy in the Third Degree under ORS 163.385;

(d) Criminally Negligent Homicide under ORS 163.145;

(e) Assault in the Third Degree under ORS 163.165;

(f) Assault in the Fourth Degree under ORS 163.160(3);

(g) A crime listed in ORS 137.700; or

(h) An attempt to commit a crime described in this subsection.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13

Or. Admin. R. 291-097-0225 Earned Time Credits for Crimes Committed on or after February 17, 2010 through June 30, 2011

(1) Pursuant to ORS 421.121, AICs with eligible crimes committed on or after February 17, 2010 through June 30, 2011, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post-prison supervision;

(g) Serving a mandatory minimum incarceration term of 90 days under ORS 813.011(3) for Felony Driving under the Influence of Intoxicants under ORS 813.010(5)(a) and ORS 813.011 committed on or after December 2, 2010; or

(h) Subject to any other Oregon statutes restricting earned time credits.

(2) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13

Or. Admin. R. 291-097-0230 Earned Time Credits for Crimes Committed on or after July 1, 2011 and through June 30, 2013

(1) Pursuant to ORS 421.121, AICs with eligible crimes committed on or after July 1, 2011 and through June 30, 2013, may earn sentence reduction credits up to 30 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except for AICs:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post-prison supervision;

(h) Subject to any other Oregon statutes restricting earned time credits.

(2) If otherwise eligible for earned time, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration for crimes in which:

(a) The judgment states earned time may not exceed 20 percent;

(b) The AIC is convicted of an offense that was committed less than five years after the AIC completed serving a sentence for:

(A) A person felony; or

(B) A crime described in paragraph (e) of this subsection;

(d) The AIC is convicted of an offense involving the use or threatened use of a firearm; or

(e) The AIC is convicted of any of the following crimes:

(A) Subjecting another person to involuntary servitude in the second degree under ORS 163.263;

(B) Subjecting another person to involuntary servitude in the first degree under ORS 163.264;

(D) Coercion under ORS 163.275;

(E) Online sexual corruption of a child in the second degree under ORS 163.432;

(F) Online sexual corruption of a child in the first degree under ORS 163.433;

(G) Aggravated theft in the first degree under ORS 164.057, if:

(i) The victim of the theft was 65 years of age or older at the time of the commission of the offense; and

(ii) The value of the property stolen from the victim described in sub-subparagraph (i) of this subparagraph, in a single or aggregate transaction, is $10,000 or more;

(H) Treason under ORS 166.005;

(I) Abuse of a corpse in the second degree under ORS 166.085;

(J) Racketeering activities under ORS 166.720;

(K) Luring a minor under ORS 167.057;

(L) Assaulting a law enforcement animal under ORS 167.339;

(M) A sex crime as defined in ORS 163A.005(5) (former 181.594 and 181.805);

(N) Causing another person to ingest a controlled substance under ORS 475.908;

(O) Applying a controlled substance to the body of another person under ORS 475.910;

(P) Driving while under the influence of intoxicants under ORS 813.010 (5); or

(Q) An attempt, conspiracy or solicitation to commit an offense described in this paragraph or in paragraph (c) or (d) of this subsection.

(3) As used in this section:

(a) “Completed serving a sentence” includes the completion of any term of probation, parole or post-prison supervision.

(b) “Person felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

(4) Pursuant to ORS 475.930(2) and as outlined in OAR 291-097-0235, for eligible crimes committed on or after January 1, 2009, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence imposed under ORS 164.061, 475.907, 475.924 or 475.925.

(5) In determining whether an AIC will receive earned time credits for the review period under consideration, AIC performance will be evaluated in two areas: half credit for compliance with the case plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13

Or. Admin. R. 291-097-0231 Earned Time Credits for Crimes Committed on or after July 1, 2013

(1) Pursuant to ORS 421.121, AICs with crimes committed on or after July 1, 2013, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except AICs:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the AIC may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post-prison supervision;

(h) Subject to any other Oregon statutes restricting earned time credits.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
DOC 12-2014, f. & cert. ef. 5-5-14
DOC 4-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14
DOC 17-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14

Or. Admin. R. 291-097-0235 Earned Time Credits for Crimes Impacted by ORS 475.930(2)

(1) Pursuant to ORS 475.930(2), for eligible crimes committed on or after January 1, 2009, the maximum amount of earned time credits may not exceed 20 percent of the total term of incarceration if serving a sentence imposed under ORS 164.061, 475.907, 475.924 or 475.925 for any of the following crimes:

(a) Aggravated Theft I under ORS 164.057 if the victim is at least 65 years of age (per ORS 164.061);

(b) Unlawful Delivery or Manufacture of a Schedule I Controlled Substance under former ORS 475.840(1)(a) or 475.752(1)(a) if the controlled substance and quantities are as follows:

(A) Heroin of 50 grams or more; or

(B) 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or capsules.

(c) Unlawful Delivery or Manufacture of a Schedule II Controlled Substance under former ORS 475.840(1)(b) or 475.752(1)(b) if the controlled substance and quantities are as follows:

(A) Cocaine of 100 grams or more; or

(B) Methamphetamine of 100 grams or more.

(d) Unlawful Delivery or Manufacture of a Controlled Substance within 1000 Feet of a School under ORS 475.904 if the controlled substance and quantities are as follows:

(A) Heroin of 50 grams or more;

(B) 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) of 50 grams or more or 250 or more pills, tablets, or capsules;

(D) Methamphetamine of 100 grams or more;

(e) Unlawful Delivery of a Schedule I or II Controlled Substance to a Minor under ORS 475.906(1) if the controlled substance is Heroin, 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy), Cocaine or Methamphetamine;

(f) Unlawful Delivery of Cocaine to a Minor under ORS 475.880(3);

(g) Unlawful Delivery of Methamphetamine to a Minor under ORS 475.890(3);

(h) Unlawful Manufacture of Heroin under ORS 475.846 if 50 grams or more;

(i) Unlawful Manufacture of Heroin within 1000 Feet of a School under ORS 475.848 if 50 grams or more;

(j) Unlawful Delivery of Heroin under ORS 475.850 if 50 grams or more;

(k) Unlawful Delivery of Heroin within 1000 Feet of a School under ORS 475.852 if 50 grams or more;

(l) Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.866 if 50 grams or more or 250 pills, tablets or capsules;

(m) Unlawful Manufacture of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School under ORS 475.868 if 50 grams or more or 250 pills, tablets or capsules;

(n) Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) under ORS 475.870 if 50 grams or more or 250 pills, tablets or capsules;

(o) Unlawful Delivery of 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) within 1000 Feet of a School under ORS 475.872 if 50 grams or more or 250 pills, tablets or capsules;

(p) Unlawful Manufacture of Cocaine under ORS 475.876 if 100 grams or more;

(q) Unlawful Manufacture of Cocaine within 1000 Feet of a School under ORS 475.878 if 100 grams or more;

(r) Unlawful Delivery of Cocaine under ORS 475.880(2) if 100 grams or more;

(s) Unlawful Delivery of Cocaine within 1000 Feet of a School under ORS 475.882 if 100 grams or more;

(t) Unlawful Manufacture of Methamphetamine under ORS 475.886 if 100 grams or more;

(u) Unlawful Manufacture of Methamphetamine within 1000 Feet of a School under ORS 475.888 if 100 grams or more;

(v) Unlawful Delivery of Methamphetamine under ORS 475.890(2) if 100 grams or more;

(w) Unlawful Delivery of Methamphetamine within 1000 Feet of a School under ORS 475.892 if 100 grams or more

(2) For crimes described in subsections (e)-(g) above, section (1) does not apply to a person who is less than three years older than the person under 18 years of age to whom the controlled substance was delivered, unless the person has a previous conviction for Delivery of Cocaine, Methamphetamine, Heroin or 3,4-Methylenedioxymethamphetamine (MDMA/Ecstasy) to a person under 18 years of age.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13

Or. Admin. R. 291-097-0236 Earned Time Credits for Life Sentences for Aggravated Murder, Murder in the First Degree and Murder in the Second Degree (formerly Murder for sentences imposed prior to September 29, 2019) (ORS 163.105, 163.107 and 163.115)

(1) Earned Time Credits for Life Sentences for Murder and Aggravated Murder committed on or after November 1, 1989 and prior to July 1, 2015:

(a) Life sentences for Murder and Aggravated Murder are not eligible for earned time unless otherwise eligible as outlined in OAR 291-097-0215 through 291-097-0231.

(b) Life sentences for Murder and Aggravated Murder otherwise eligible for earned time are limited to 20% earned time pursuant to ORS 421.121.

(c) Life sentences for Murder and Aggravated Murder are not eligible for earned time until and unless the Board of Parole and Post-Prison Supervision sets the initial prison term.

(d) For Life Sentences for Murder and Aggravated Murder otherwise eligible for Earned Time Credits:

(A) OISC will provide the calculated earned date to the Board of Parole and Post-Prison Supervision only after the initial prison term has been established;

(B) OISC’s calculation of earned time on the initial prison term will not generate either a “parole release date” or a “projected earned time release date” on the life sentence as the parole release date is still determined by the Board of Parole and Post-Prison Supervision;

(D) OISC will not calculate earned time on any post-prison supervision revocation sanctions;

(E) OISC will not capture or record earned time on the AIC’s electronic facesheet; and

(F) Earned time calculated on the initial prison term may be retracted pursuant to OAR 291-105.

(2) Life Sentences for Murder I, Murder II (formerly Murder) and Aggravated Murder committed on or after July 1, 2015 are not eligible for earned time pursuant to ORS 421.121.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16

Or. Admin. R. 291-097-0240 Calculation and Application of Earned Time Credits

(1) Case plan compliance is defined as acceptable participation in work and self-improvement programs required within the case plan. The required activities within the case plan are determined by ongoing assessment and evaluation, which begins at the inception of the AIC prison term.

(a) An AIC will be considered to be compliant if they were not failed from the required program activity during the review period under consideration, nor did the AIC refuse to participate in required programming during the review period under consideration.

(b) As needed, the counselor or multi-disciplinary team will evaluate an AIC’s compliance with the required program activity.

(c) If the AIC’s counselor or multi-disciplinary team determines the AIC is non-compliant with the case plan, they will approve a program failure for documentation in the AIC’s computer record.

(2) Institution conduct compliance is defined as maintaining Level I or Level II major misconduct-free behavior during the review period. Major misconduct is documented in accordance with the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Any finding of a Level I or Level II major misconduct violation during the review period will be considered as noncompliance. The date of the adjudication, not of the incident, will be used for the date of the violation.

(3) At the end of each review period, the OISC staff will review the AIC’s computer records for information reflecting the AIC's compliance with the current case plan and institution conduct. Based on the information contained in the AIC’s computer records, the OISC staff will apply either:

(a) An effective 0, 10, or 20 percent reduction to the sentencing guidelines sentence proportional for the review period under consideration for sentences eligible for a maximum of 20% earned time, or

(b) An effective 0, 15, or 30 percent reduction to the sentencing guidelines sentence proportional for the review period under consideration for sentences eligible for a maximum of 30% earned time.

(4) For AICs housed in non-Oregon Department of Corrections facilities, the staff, as designated by the Correctional Services Division will review the AIC’s institution file including any reports received from the housing facility to determine compliance with the current case plan and institution conduct.

(a) Case plan compliance will be determined by the AIC's reported compliance with requirements as determined by Department staff or the housing facility staff.

(b) Due process comparable to the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) shall be applied. Institution conduct non-compliance will be determined by substituting the rule of prohibited conduct, for the rule violated at the housing facility, with the most equivalent charges as defined in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). The functional unit manager or designee may impose sanctions, in addition to that imposed by the housing facility, related to sentence reductions.

(5) For each review period under consideration for AICs housed in Department of Corrections facilities, the OISC staff will list the reasons for applying or not applying earned time credits and record the corresponding percentage of earned time applied to the AIC’s sentence on the Earned Time Computation Form (CD 1154D).

(6) For AICs housed in non-Oregon Department of Corrections facilities, the staff, as designated by the Correctional Services Division, will list the reasons for applying or not applying earned time credits and record the corresponding percentage of earned time applied on the Earned Time Computation Form (CD 1154D).

(7) Upon the application of earned time credits toward an AIC’s sentence for the review period under consideration, the OISC Unit will re-compute the AIC's new earned time release date, file the Earned Time Computation Form (CD 1154D) in the institution file, and provide a copy of the determination to the AIC.

(8) Determination of Earned Time Credits During Pre-sentence Incarceration: For crimes committed on or after November 1, 1989, earned time credits will be computed for the period in which an AIC is in custody in a non-Department of Corrections facility prior to sentencing and admission to the Department of Corrections, based solely on the AIC's conduct in the facility.

(a) Conduct compliance will be assumed, unless the Department receives documentation of adjudicated misconduct from the facility.

(A) For sentences eligible for a maximum of 20% earned time credits, the AIC will be granted an effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional for the length of pre-sentence incarceration.

(B) For sentences eligible for a maximum of 30% earned time credits, the AIC will be granted an effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional for the length of pre-sentence incarceration.

(b) Any verified major misconduct equivalent to a Level I or Level II major misconduct violation as defined in the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) during any of the pre-sentence incarceration credits applied to the sentence will result in an effective 0 percent reduction toward the sentencing guidelines sentence proportional for the total length of pre-sentence incarceration. The date of the adjudication, not of the incident, will be used for the date of the violation.

(9) If the AIC escapes, the OISC staff will close out the current earned time review period, changing the current review period to end the day after escape. An AIC that is returned from an escape to a Department of Corrections facility will have the starting date of the new earned time credit cycle begin with the date of return. The escape will constitute a program failure for the period up to the escape.

(10) Alternative Incarceration Program:

(a) If, during any review period, the AIC is assigned to an Alternative Incarceration Program, the AIC will be considered as participating in the case plan. If the AIC, for sufficient justification as determined by the functional unit manager’s committee, is unsuccessful and fails to complete any portion of the program or requests to be voluntarily removed, the AIC will be considered noncompliant with the case plan and receive a program failure during that review period.

(b) If the AIC fails to successfully complete the non-prison leave granted through the Alternative Incarceration Program, the AIC will be considered a program failure and non-compliant with institution conduct for the length of the AIC’s non-prison leave. The failure to successfully complete the non-prison leave will not result in a retraction of the portion of earned time credits for program compliance advanced at the beginning of the final review period as outlined in OAR 291-097-0250(2).

(11) Determination of earned time credits for AICs on short-term transitional leave:

(a) Earned time credits will be computed for the period in which an AIC is serving the remainder of their sentencing guidelines term of incarceration on short-term transitional leave (OAR 291-063).

(A) Institution conduct and case plan compliance will be assumed while an AIC is released on short-term transitional leave.

(B) Earned time credits for the period on transitional leave will be applied at a rate of 20 percent or 30 percent, in accordance with the applicable rate for the sentence at the time of release onto short-term transitional leave.

(b) A revocation of an AIC’s short-term transitional leave is deemed non-compliance with the AIC’s case plan and non-compliance with institution conduct. Upon revocation of short-term transitional leave, an AIC will receive an effective 0 percent reduction for case plan compliance and 0 percent reduction toward the sentencing guidelines sentence for institutional conduct proportional for the length of the AIC’s short-term transitional leave.

(c) The failure to successfully complete the short-term transitional leave will not result in a retraction of the portion of earned time credits for program compliance advanced at the beginning of the final review period as outlined in OAR 291-097-0250(2).

(12) If all of an AIC's sentence(s) is vacated, reversed and remanded for new trial, or conviction affirmed and remanded for resentencing, the OISC staff will close out the current earned time review period to end the day after release to the sentencing court. An AIC that is returned on a resentence will start a new review period, effective the date of return to a Department of Corrections facility. The new earned time credit cycle date will be reflected on the AIC's facesheet.

(13) Determination of earned time credits for AICs serving the remainder of a sentencing guidelines sentence on conditional release (Second Look):

(a) Earned time credits will be computed for the period in which an AIC is serving the remainder of their sentencing guidelines term of incarceration in the community on conditional release, based solely on the AIC’s compliance with their conditional release plan.

(b) Earned time credits for the period on conditional release (Second Look) will be applied at a rate of 20 percent or 30 percent, in accordance with the applicable rate for the sentence at the time of release onto conditional release (Second Look).

(d) Any suspension or revocation of an AIC’s conditional release prior to the AIC reaching their projected earned time date will result in an effective 0 percent reduction in the sentencing guidelines prison term for the length of the AIC’s sentence being served in the community on conditional release.

(14) If an AIC is incarcerated in an Oregon county jail prior to the AIC’s return to a Department of Corrections facility following an escape, second look conditional release revocation, or violation of short-term transitional leave or non-prison leave, earned time credits will be computed for the period in which the AIC is in custody based solely on the AIC’s conduct in the county jail. If an AIC is incarcerated in an Oregon county jail, serving a jail sanction imposed by the courts as a result of a second look conditional release suspension, earned time credits will be computed for the period in which the AIC is in custody based solely on the AIC’s conduct in the county jail.

(a) Conduct compliance will be assumed, unless the Department receives documentation of adjudicated misconduct from the facility.

(b) Any verified major misconduct equivalent to a Level I or Level II major misconduct violation as defined in the Department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) during the incarceration will result in an effective 0 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration. The date of the adjudication, not of the incident, will be used for the date of the violation.

(15) Work Release: A revocation of an AIC’s work release is deemed noncompliant with the AIC’s case plan.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
Renumbered from 291-097-0020 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0020 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 7-2011, f. & cert. ef. 4-8-11
DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
DOC 18-2000, f. & cert. ef. 6-26-00
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0245 Earned Time Credit for Education or Apprenticeship Certifications

(1) Pursuant to ORS 421.121 and this rule, consideration for earned time credit may also be given for crimes committed prior to July 1, 2015 for an AIC who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010, on or after January 1, 2010.

(2) Determination of Earned Time Credits for Education or Apprenticeship Certifications:

(a) AICs who obtain a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 prior to January 1, 2010 or whose crime was committed on or after July 1, 2015 are not eligible to be considered for earned time credits for education or apprenticeship certifications.

(b) Subject to OAR 291-097-0250 (Retraction of Earned Time Credits), 291-097-0255 (Restoration of Earned Time Credits), and 291-097-0260 (Determination of Earned Time Credits During Final Review Period for Sentencing Guidelines Sentences), at the time an AIC obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010 and whose crime was committed prior to July 1, 2015, the OISC staff will apply the amount of earned time credits, not to exceed 60 days, to the amount of earned time credits actually received by the AIC for either maintaining appropriate institution conduct or compliance with their case plan, in order to bring the AIC’s total earned time credits up to the amount of earned time credits the AIC would have received if the AIC maintained appropriate institution conduct and was in full compliance with their case plan as of the date the AIC obtained the education or apprenticeship certification.

(A) The department may apply up to 60 days earned time credits for education or apprenticeship certifications toward prior earned time not credited to the sentence due to adjudicated misconduct during the pre-sentence incarceration or while an AIC is incarcerated in an Oregon county jail prior to the AIC’s return to a Department of Corrections facility following an escape, revocation of second look conditional release, or violation of short-term transitional leave or non-prison leave, or toward non-compliance with institutional conduct or the case plan, and toward earned time previously retracted during the service of the sentence.

(B) In no event will an AIC be credited with more earned time credits than the amount of earned time credits the AIC would have received toward the sentence if the AIC maintained appropriate institutional behavior and was in full compliance with their case plan as of the date the AIC obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.

(C) The earned time credits for education or apprenticeship certifications may not be applied to a sentence whose prison term reached its earned time release date prior to the date the AIC obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.

(D) An AIC may be credited with multiple education or apprenticeship certifications as long as no individual sentence receives more than 60 days total earned time credit for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.

(E) The date the AIC successfully meets the total score requirements for the GED certificate is the date the AIC is deemed to have obtained their GED certificate.

(F) For AICs housed at OYA, the date the AIC receives the high school diploma or GED certificate is the date the AIC is deemed to have obtained their diploma unless DOC receives documentation that the AIC completed the requirements for the diploma or GED at an earlier date.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13

Or. Admin. R. 291-097-0250 Retraction of Earned Time Credits

Time credits previously earned or applied will be retracted as follows:

(1) The AIC is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the AIC's right to a hearing, and the disciplinary order directs that earned time credits earned or applied be forfeited in accordance with the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(a) A recommendation for retraction of earned time shall be within the range corresponding to the violation level as set forth in Table 1.

(b) A recommendation for retraction of earned time credits may not exceed the amount previously applied, including any amount credited to the AIC for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010.

(2) Failure to comply with the case plan during the final review period will result in a retraction of the portion of the earned time credits for program compliance advanced at the beginning of the final review period. The OISC staff will document the retraction on the Earned Time Computation form (CD 1154D).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0025 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0025 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 7-2011, f. & cert. ef. 4-8-11
DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0255 Restoration of Earned Time Credits

(1) Time credits that have been retracted may be restored upon recommendation of staff and approval of the functional unit manager or designee only for an AIC who has been involved in saving a life or through the Adjustments to Final Order process outlined in the Department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Time credits restored may not exceed those previously retracted.

(2) Restoration of time credits must be approved in writing by the functional unit manager or designee.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0030 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0030 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0260 Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences

(1) Four months prior to an AIC’s projected release date, OISC staff (or the ODOC staff, as designated by the Correctional Services Division, for AICs housed in non-Oregon Department of Corrections facilities) will conduct a final review of AICs’ earned time compliance.

(a) Final reviews will be conducted only for AICs serving a sentencing guidelines sentence. OISC staff will advance and apply earned time credits for the final review period .

(b) An AIC’s full compliance with the case plan and institutional behavior will be assumed during the final review period.

(A) For AICs sentenced on or after November 1, 1989, with sentences eligible for a maximum of 20 percent earned time credits, the OISC staff will apply an effective 20 percent reduction in sentence for the final review period and the OISC Unit will re-compute the AIC’s new earned time release date.

(B) For AICs sentenced on or after November 1, 1989 with sentences eligible for a maximum of 30 percent earned time credits, the OISC staff will apply an effective 30 percent reduction in sentence for the final review period and the OISC Unit will re-compute the AIC’s new earned time release date.

(2) If, after the completion of a final review and advancement of earned time credits for the final review period, the AIC’s prison term is extended as a result of a new sentence or an adjustment in pre-sentence time, the OISC staff will delete the final review and any earned time credits advanced for the final review period. The OISC staff will complete a new Earned Time Computation form (CD 1154D) to assure that the extended prison term is reviewed in accordance with these rules.

(3) If, after the completion of a final review and advancement of earned time credits for the final review period, the AIC’s prison term is reduced, the OISC Unit will adjust the final review period and any earned time credits advanced for the final review period provided the AIC was in full compliance with their case plan and institutional behavior at the time of the final review.

(a) If the AIC was in partial compliance with their case plan or institutional behavior at the time of the final review, the OISC staff will delete the final review and any earned time credits advanced for the final review period.

(b) The OISC staff will complete a new Earned Time Computation form (CD 1154D) to assure that the reduced prison term is reviewed in accordance with these rules.

(4) If, after the completion of a final review and advancement of earned time credits for the final review period, the AIC obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010 and whose crime was committed prior to July 1, 2015, the OISC Unit will adjust the final review period and any earned time credits advanced for the final review period in accordance with OAR 291-097-0245.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
DOC 10-2016, f. & cert. ef. 9-15-16
Renumbered from 291-097-0040 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0040 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 7-2011, f. & cert. ef. 4-8-11
DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11
DOC 9-2010, f. & cert. ef. 7-14-10
DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1990, f. & cert. ef. 7-2-90

Or. Admin. R. 291-097-0265 Administrative Review

(1) An AIC may obtain an independent review of the determination of their case plan performance as documented by the OISC staff or the ODOC staff as designated by the Correctional Services Division, (for AICs housed in non-Oregon Department of Corrections facilities) for each review period by writing to the Office of Population Management and requesting an administrative review of the determination.

(a) The review request must be in writing on an AIC Communication form (CD 214), and must state the reason(s) why the AIC believes the determination is not correct. A copy of the Earned Time Computation form (CD 1154D) under review must also be submitted.

(b) Requests for administrative review must be received by the Office of Population Management no later than 30 days after final determination as indicated on the Earned Time Computation form (CD 1154D).

(2) If an AIC submits a proper and timely request for administrative review, the Office of Population Management shall review the determination and either approve or modify the determination, in writing, within 30 days after receipt of the request. A copy of the order shall be provided to the AIC, their assigned counselor, and OISC.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0050 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0050 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 7-2011, f. & cert. ef. 4-8-11
DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0270 Statutory Good Time Credits

(1) Pursuant to ORS 421.120(2)(a),(b) [former ORS 421.120 (1) (a), (b)], and these rules, each AIC confined in execution of the judgment of sentence upon any conviction for a crime committed prior to November 1, 1989, for any term other than life, who has acceptably participated in the requirements of their case plan and has maintained appropriate conduct, shall be entitled to a deduction from the term of sentence.

(2) The deduction shall be computed as follows:

(a) From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of such sentence actually served in the Department of Corrections facility.

(b) From the term of a sentence of more than one year, one day shall be deducted for every two days of such sentence actually served in the Department of Corrections facility.

(3) No statutory good time or extra good time credits earned or applied prior to acceptance and release on parole shall be granted to an AIC upon return to a Department of Corrections facility for a service of a term of incarceration as a sanction for violation of any condition of parole, except when authorized by the Board of Parole and Post-Prison Supervision upon recommendation of the functional unit manager thereof.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0060 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0060 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0275 Extra Good Time Credits

(1) Pursuant to ORS 421.120(2)(c), (d), (e) [former ORS 421.120(1)(c), (d), (e)], 421.122, and these rules, each AIC confined in execution of the judgment of sentence upon any conviction for a crime committed prior to November 1, 1989, for any term other than life, who has acceptably participated in their case plan and has maintained appropriate institutional conduct shall be entitled to a deduction from the term of sentence to be computed as follows:

(a) From the term of any sentence:

(A) One day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity; and

(B) One day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified; and

(C) One day for every six days of such work actually performed or educational activity certified after the fifth year of prison employment.

(b) From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of such work actually performed thereafter.

(c) From the term of any sentence one day shall be deducted for every six days of work performed at work camp during the first year of prison employment and one day for every four days thereafter. Once the four-day rate is achieved, it may be applied to subsequent work or release programs while the AIC is serving the same term.

(2) Extra good time credits applied pursuant to ORS 421.120(2)(c), (d), (e) [former ORS 421.120 (1)(c), (d), (e)], 421.122, and these rules, shall be in addition to statutory good time credits granted pursuant to ORS 421.120(2)(a),(b) [former ORS 421.120 (1)(a), (b)], and these rules. For purposes of this rule, “meritorious” is synonymous with satisfactory performance.

(3) For purposes of these rules, "prison employment" includes actual work in Oregon Correctional Enterprises, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp. Performance shall be considered meritorious unless removed from the work assignment for unsatisfactory performance.

(4) No statutory good time or extra good time credits earned or applied prior to acceptance and release on parole shall be granted to an AIC upon return to a Department of Corrections facility for a service of a term of incarceration as a sanction for violation of any condition of parole, except when authorized by the Board of Parole and Post-Prison Supervision upon recommendation of the functional unit manager thereof.

(5) Rate attained for calculation of extra good time credits prior to release on parole shall be voided upon an AIC’s return to a Department of Corrections facility for violation of any condition of parole, except when authorized by the Board of Parole and Post-Prison Supervision.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0070 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0070 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0280 Retraction of Statutory Good Time and Extra Good Time Credits

Statutory good time and extra good time credits previously earned or applied may be retracted as a result of a disciplinary action as follows:

(1) The AIC is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the AIC's right to a hearing, and the disciplinary order directs that time credits earned are forfeited in accordance with the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) and Table 2 attached.

(2) A recommendation for retraction of statutory good time and extra good time credits may not exceed the amount previously earned or applied.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0080 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0080 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0285 Restoration of Statutory Good Time and Extra Good Time Credits

(1) Statutory good time and extra good time credits that have been retracted may be restored upon recommendation of staff and approval of the functional unit manager or designee only for an AIC who has been involved in saving a life.

(2) Restoration of statutory good time and extra good time credits must be approved in writing by the functional unit manager or designee.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 to 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0090 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0090 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0290 AICs With Indeterminate Sentences of More Than Thirty-Six Months

(1) The functional unit manager may recommend to the Board of Parole and Post-Prison Supervision that an AIC receive prison term reduction credits in those cases where the AIC has received a parole release date set from the Board of Parole and Post-Prison Supervision of 36 months or more, if:

(a) The AIC has applied for a reduction and the period under review falls within the established prison term;

(b) The AIC has completed a three-year period of good conduct; and

(c) The AIC has complied with case plan efforts to address problems associated with the AIC's criminal conduct present at the time of incarceration.

(d) Notwithstanding (b) and (c) above, the functional unit manager may consider significant improvement in AIC behavior and case plan efforts during the last 12 months of the three-year period and recommend that the parole release date be reset.

(2) Three-Year Period of Good Conduct: For purposes of these rules, an AIC shall be considered to have maintained a three-year period of good conduct if:

(a) The AIC has not received any Level I - II rule violations as defined in the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) during the three years under review.

(b) Notwithstanding (a) above, upon finding that an AIC has committed a Level III or IV rule violation as defined in the Department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), after a formal disciplinary hearing or upon waiver of the AIC's right to hearing, the hearings officer may recommend to the functional unit manager that the AIC not be considered for a positive recommendation for prison term reduction within a three-year period from the date of the rule violation.

(3) Demonstrable Achievement in Addressing Problems Associated with the AIC's Criminal Conduct Present at the Time of Incarceration: For purposes of these rules, an AIC shall be considered to have made demonstrable achievement in addressing problems associated with the AIC's criminal conduct present at the time of incarceration if the AIC has received favorable reports for their successful participation in one or more self-improvement programs appropriate to their need as determined by departmental assessment captured in the case plan (to the extent these specific programs are available to the AIC). An AIC will be considered to be successfully participating in a self-improvement program if they are documented to be registered on a waiting list for the program within 30 days of the development of the case plan.

(4) AICs serving a term of incarceration in a Department of Corrections facility as a sanction for violation of parole or post-prison supervision are ineligible for consideration for a positive recommendation.

(a) AICs sentenced for aggravated murder or as dangerous offenders, and those whose parole the Board of Parole and Post-Prison Supervision denied are not subject to personal reviews.

(b) Dangerous offenders may be eligible for personal reviews upon receipt of a positive recommendation from the Department of Corrections, if the Board of Parole and Post-Prison Supervision has found their condition absent or in remission and has set a parole release date.

(5) The functional unit manager or designee will review the recommendation of the counselor, approve/deny or otherwise modify the recommendation, and send the determination to the Board of Parole and Post-Prison Supervision on an action sheet and supplemental report for the Board's consideration.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0100 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0100 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 23-2009, f. & cert. ef. 11-20-09
DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0295 AICs With Indeterminate Sentences of Thirty-Six Months or Less

(1) The functional unit manager may recommend to the Board of Parole and Post-Prison Supervision that an AIC's parole release date be reset to an earlier date in those cases where the AIC has received a parole release date set from the Board of Parole and Post-Prison Supervision of 36 months or less, if:

(a) The AIC has been incarcerated in a Department of Corrections facility for at least six months; and

(b) The AIC's performance in two areas, the case plan and institution conduct, as set forth in the criteria for calculation and application of earned time credits in OAR 291-097‑0240 warrants a positive recommendation.

(2) AICs serving a term of incarceration in a Department of Corrections facility as a sanction for violation of parole or post-prison supervision are ineligible for consideration for a positive recommendation.

(3) AICs sentenced to a minimum term of incarceration pursuant to ORS 144.110 (judicial minimum) or 161.610 (gun minimum), are ineligible for consideration for a positive recommendation, until such minimum incarceration term has been served.

(4) AICs serving an enhanced sentence pursuant to ORS 161.725 and 161.735 (dangerous offender), or pursuant to ORS 426.675 (sexually dangerous person), are ineligible for consideration for a positive recommendation.

(5) At the end of the review period, based upon six-months increments beginning with the AIC’s admission date, a counselor will evaluate the AIC's eligibility, consistent with OAR 291-097-0240, for a positive recommendation based on the criteria set forth above. Based upon the AIC's performance, the counselor will recommend to the functional unit manager or designee that the AIC be considered by the Board of Parole and Post-Prison Supervision for a 0, 10 or 20 percent reduction in the prison term set by the Board, and a corresponding parole release date.

(6) The functional unit manager or designee will review the recommendation of the counselor, approve/deny or otherwise modify the recommendation, and send the determination to the Board of Parole and Post-Prison Supervision on an action sheet for the Board's consideration.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0120 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0120 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0300 Extension of Parole Release Date (Recommendations)

The Department of Corrections may recommend to the Board of Parole and Post-Prison Supervision that an AIC's parole release date be reset to a later date as a result of a disciplinary action, as follows:

(1) The AIC is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the AIC's right to a hearing, and the final disciplinary order directs that the Board of Parole and Post-Prison Supervision be notified that the department recommends that the AIC's parole release date be extended in accordance with the department's rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(2) In order to qualify the AIC for a parole release date extension recommendation, the rule violation must involve misconduct that can be classified within one of four categories as follows:

(a) Hazard to human life/health;

(b) Hazard to security;

(d) Third in series of rule violations within a three-month period while assigned to any Department of Corrections facility or program.

(3) A parole release date extension shall not be recommended without consideration of the following:

(a) Effectiveness of the sanction as a disciplinary measure, both to the AIC and to the general AIC population;

(b) Degree of hazard posed by the misconduct to human health and/or life, facility security, or to property;

(d) Circumstances of the misconduct; and

(e) The AIC's prior record of institution conduct.

(4) A recommendation for extension of an AIC's parole release date shall be within the range corresponding to the violation classification category, as set forth in Table 3.

(5) A parole release date extension recommendation will not be made that, if followed by the Board of Parole and Post-Prison Supervision, will result in a parole release date beyond the AIC’s statutory good time date.

(6) If an AIC is found guilty of a major rule violation, before a parole release date has been set, that qualifies the AIC for a parole release date extension recommendation in accordance with these rules, the department will recommend to the Board of Parole and Post-Prison Supervision that the AIC's parole release date be adjusted when set to reflect the department's recommended extension, if any.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0130 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0130 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Or. Admin. R. 291-097-0305 Administrative Review

(1) An AIC may obtain an independent review of the determination of their referral to the Board of Parole and Post-Prison Supervision for a modification of the parole release date set by writing to the Counselor Case Management Unit and requesting an administrative review of the determination.

(a) The review request must be in writing on an AIC communication form (CD 214) and must state the reason(s) why the AIC believes the functional unit manager's or designee's decision not to refer the request to the Board of Parole and Post-Prison Supervision is not correct.

(b) Requests for administrative review must be received by the Counselor Case Management Unit no later than 30 days after the date of the determination.

(2) If an AIC submits a proper and timely request for administrative review, the Counselor Case Management Unit shall review the determination and either approve or modify the determination in writing to the AIC and functional unit manager within 30 days after the receipt of the request for administrative review.

History

Statutory/Other Authority: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
DOC 5-2021, amend filed 04/07/2021, effective 04/07/2021
Renumbered from 291-097-0140 by DOC 5-2013, f. 5-30-13, cert. ef. 6-1-13
Renumbered from 291-097-0140 by DOC 13-2012(Temp), f. & cert. ef. 12-28-12 thru 6-25-13
Renumbered from 291-097-0110, DOC 2-2009, f. & cert. ef. 3-10-09
DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09
DOC 18-2001, f. & cert. ef. 10-12-01
CD 11-1996, f. 8-27-96, cert. ef. 9-1-96
CD 17-1993, f. 6-7-93, cert. ef. 6-9-93

Division 100 ADMISSION, SENTENCE COMPUTATION AND RELEASE

Or. Admin. R. 291-100-0005 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 18.038, 137.071, 137.120, 137.123, 137.124, 137.315, 137.320, 137.370, 137.372, 137.373, 137.375, 137.540, 137.545, 137.550, 137.635, 137.637, 137.700, 137.707, 137.750, 137.751, 144.108, 144.110, 144.245, 144.390, 161.085, 161.610, 161.515, 169.005, 169.110, 169.120, 179.040, 421.120, 421.121, 421.122, 421.508, 423.020, 423.030, 423.075, and 430.450 to 430.555.

(2) Purpose: To establish department policy and procedures for the computation of sentences, and for the admission and release of adults in custody.

(3) Policy: It is the policy of the Department of Corrections to admit and release adults in custody and to compute sentences in accordance with ORS 137.315; 137.320; 137.370; 137.372; 137.375; 137.635; 144.108; 144.110; 144.245; former 144.390 repealed by 1989 Oregon Laws, Chapter 790, §47a; 161.610; 421.120; 421.121; 421.122; and 426.675.

History

Statutory/Other Authority: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
CD 7-1989, f. & cert. ef. 5-25-89
CD 45-1986, f. & ef. 10-21-86
CD 51-1985, f. & ef. 8-16-85
Renumbered from 291-020-0005, CD 23-1983, f. & ef. 5-2-83
CD 1-1978, f. & ef. 2-1-78
CD 42(Temp), f. 10-3-77, ef. 10-4-77

Or. Admin. R. 291-100-0008 Definitions

(1) Abscond: Unauthorized absence from parole or post-prison supervision.

(2) Adult In Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Adult on supervision: Any person under the supervision of the Department of Corrections, local supervisory authority or community corrections who is on probation, parole, or post-prison supervision status.

(4) Commitments: A sentence of incarceration to the legal and physical custody of the Department of Corrections.

(5) Concurrent and Consecutive Ghosts: AICs with Oregon Department of Corrections sentences who are housed in a federal or another state’s jurisdiction (not physically housed in an Oregon Department of Corrections facility) and their Oregon sentence is ordered to be served either concurrently or consecutively or both to a sentence from the federal or other state’s jurisdiction.

(6) Conduct: Unless the context requires otherwise, “conduct” has the meaning provided in ORS 161.085.

(7) Court/Legal Name: As referenced on facesheets used within institutions, defined as follows:

(a) Court Name: The AIC name based on the name provided in the first judgment of the custody cycle sentencing an AIC to the custody of the Department of Corrections, as established and used by the Department of Corrections for use on an AIC’s case file, identification card, medical file, etc.

(b) Legal Name: an alternative AIC name requested by an AIC that is:

(A) Materially different from the court name;

(B) Supported by legal documentation; and

(8) Crime: Unless the context requires otherwise, “crime” has the meaning provided in ORS 161.515.

(9) Custodial Authority: The authority holding physical custody of the AIC, who is responsible for certifying time served while in that authority’s custody.

(10) Custody Cycle: The time period during which a person begins incarceration with the Department of Corrections, including the time period when the person is under the supervision of community corrections, until discharge from all Department of Corrections and community corrections incarceration and supervision.

(11) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(12) Earned Time Credits: Reduction in the term of incarceration, up to 30 percent of the term of incarceration imposed, that can be earned by an AIC sentenced under sentencing guidelines, pursuant to ORS 421.121 and the department’s rules on Prison Term Modification (OAR 291-097).

(13) Escape: Unauthorized departure of an AIC from the physical or legal custody of the Department of Corrections. Escape includes “constructive escape” where an AIC has any unserved Department of Corrections felony sentence(s) and, by no effort of the AIC, is voluntarily absent from the Department of Corrections (for example, where an AIC is released from custody after serving a local supervisory sentence despite the AIC having an unserved Department of Corrections felony sentence(s)).

(14) Extra Good Time Credits: Reduction in the term of sentence that can be earned by an AIC sentenced for crimes committed prior to November 1, 1989 pursuant to ORS 421.120(2)(c), (d), (e) and 421.122, and the department’s rules on Prison Term Modification (OAR 291-097).

(15) Facesheet: A document used within institutions that shows a summary of sentences for which an AIC is incarcerated by the Department of Corrections.

(16) Good Time Date: An indeterminate sentence’s release date calculated for AICs serving a sentence(s) for a crime(s) committed prior to November 1, 1989 achieved through reduction in the sentence due to the granting of statutory good time credits and extra good time credits.

(17) Inoperative Time: Time spent on abscond, escape, or unauthorized departure from custody, any form of temporary or transitional leave, or parole or post-prison supervision, which does not count toward service of the sentence(s).

(18) Intake Facility: A Department of Corrections facility designated by the department to receive AICs upon commitment to the legal and physical custody of the department and conduct intake evaluations of AICs including custody classification, needs assessment, and some program assessments.

(19) Jail Good Time and Work Time Credits: Time credits for good behavior and work performed as allowed for AICs in a county local correctional facility pursuant to ORS 169.110 and 169.120, which are included as time thus served toward a probation revocation sentence if certified as part of the probationary sentence.

(20) Judgment: Document issued by the court that commits an AIC to the legal and physical custody of the Department of Corrections, and reflects the AIC’s term of incarceration, any applicable statutes, term of post-prison supervision for crimes committed on or after November 1, 1989, and court-ordered supervision conditions, if any.

(21) Maximum Sentence Expiration Date: The very latest date that a person can be held or supervised by the department on a particular sentence.

(22) Offender Information & Sentence Computation Unit (OISC): The functional unit charged to administer applicable statutes pertaining to sentencing; develop, implement, and revise applicable processes for sentence computation; respond to public information requests regarding AICs and offenders; certify an AIC’s release date; and provide supportive services to department facilities regarding AIC sentencing.

(23) ORS 137.635 Sentence: A determinate sentence resulting from a conviction of at least one of ten listed felony crimes (for example, Murder in any degree, including any aggravated form of Murder, Manslaughter I, Assault I, Kidnapping I, Rape I, Sodomy I, Unlawful Sexual Penetration I, Burglary I, Arson I or Robbery I) if the AIC also has a prior conviction for at least one of those ten listed felony crimes.

(24) Parole Release Date: The date on which an AIC is ordered to be released from an indeterminate prison sentence(s) to parole by the Board of Parole and Post-Prison Supervision. Parole release may be to the community, detainer, or to another Department of Corrections sentence.

(25) Parole Suspend Warrant: Issuance of an arrest and detain warrant by the Board of Parole and Post-Prison Supervision which ceases an AIC’s parole supervision.

(26) Parole Violator: Any person whose parole supervision has been revoked by the Board of Parole and Post-Prison Supervision.

(27) Post-Prison Supervision: A period of community supervision ordered by the sentencing judge for persons convicted of a crime(s) committed on or after November 1, 1989.

(28) Post-Prison Supervision Violator: Any person whose post-prison supervision has been revoked by the Board of Parole and Post-Prison Supervision.

(29) Predicate Crime: Pursuant to ORS 137.635(2), a felony crime in which a prior conviction qualifies an AIC to be sentences as an ORS 137.635 felon.

(30) Pre-sentencing Guidelines Sentences: Indeterminate sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989, pursuant to ORS 137.120(1). May also be referred to as “Matrix” sentences.

(31) Prison Term:

(a) Sentencing Guidelines Sentences: For sentences imposed for crimes committed on or after November 1, 1989, the length of incarceration time within a Department of Corrections facility as established by the court in the judgment for each crime of conviction.

(b) Pre-Sentencing Guidelines Sentences: For indeterminate sentences imposed for crimes committed on or after October 4, 1977 and prior to November 1, 1989, the length of required incarceration time within a Department of Corrections facility as established by the order of the Board of Parole and Post-Prison Supervision setting of a parole release date.

(32) Projected Release Date: The date upon which an AIC is anticipated to complete service of the term of incarceration.

(33) Qualifying ORS 137.635 Conviction: Conviction of a crime listed in ORS 137.635 that was committed following a predicate conviction of any of the ten crimes listed in ORS 137.635(2).

(34) Release Date Adjustment Form (CD 1417): A standardized form used by the Department of Corrections for documentation of the request and approval or disapproval for early release as authorized by the Department of Corrections.

(35) Revocation Sanction: A term of incarceration or confinement designated by the Board of Parole and Post-Prison Supervision or its designee for violation of conditions of parole and post-prison supervision.

(36) Sentence: The punishment given to a person who has been convicted of a crime.

(a) Sentencing Guidelines Sentences: For purposes of these rules and Department of Corrections sentence computation, “sentence” means the length of incarceration time within a Department of Corrections facility, as established by the court in the judgment for each crime of conviction for crimes committed on or after November 1, 1989.

(b) Pre-Sentencing Guidelines Sentences: For the purposes of these rules and Department of Corrections sentence computation, the length of time an AIC is ordered to the legal and physical custody of the Department of Corrections, up to the maximum indeterminate amount authorized by Oregon law, as established by the court in the judgment and reduced by statutory good time credits and extra good time credits for crimes committed on or after October 4, 1977 and prior to November 1, 1989.

(37) Sentencing Guidelines Sentences: Sentences imposed for crimes committed on or after November 1, 1989 pursuant to ORS 137.120(2).

(38) Statutory Good Time Credits: Prison term reduction credits applicable to sentences for crimes committed prior to November 1, 1989, pre-sentencing guidelines), pursuant to ORS 421.120(2)(a), (b), and the department’s rules on Prison Term Modification (OAR 291-097).

(39) Time Served Certification: A signed statement by a sheriff of the number of days an AIC was imprisoned prior to delivery of the AIC to a Department of Corrections facility.

(40) Time Served Credits: Pre-sentence time an AIC is confined in a county jail prior to sentencing, as certified in accordance with these rules. Time served credits also include time confined in jail between sentencing and arrival at a Department of Corrections intake facility.

(41) True Name: An alternative name added to an inmate’s case file and used as an additional identifier when supporting documentation is received (for example, legal name change, birth certificate, marriage license) to the satisfaction of the department. This name may also be entered as a “Court/Legal Name” upon receipt of request from the AIC.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 1-2007, f. 1-31-07, cert. ef. 2-1-07
DOC 9-2006(Temp), f. & cert. ef. 8-7-06 thru 2-3-07
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
CD 7-1989, f. & cert. ef. 5-25-89
CD 45-1986, f. & cert. ef. 10-21-86
CD 51-1985, f. & cert. ef. 8-16-85
CD 23-1983, f. & cert. ef. 5-2-83

Or. Admin. R. 291-100-0013 Admissions

(1) In-State Commitments:

(a) Intake Facility: The Coffee Creek Correctional Facility is the general intake facility for male and female AICs committed to the Oregon Department of Corrections except as outlined in (e), (f), and (j) through (l) below.

(b) Pursuant to ORS 137.124(1) and (2), an AIC sentenced on or after January 1, 1997 to a sentence that exceeds 12 months will be delivered to the appropriate Department of Corrections intake facility and an AIC sentenced to 12 months or less will be committed to the custody of the supervisory authority of the county in which the crime of conviction occurred.

(c) Pursuant to ORS 137.320(1), the sheriff shall deliver with the AIC a copy of the judgment and a time served certification. Pursuant to ORS 137.315, the sentencing court or the sheriff may transmit a notice of the judgment by electronic telecommunication, as long as the notice is followed by a duplicate or photographic copy of the judgment.

(d) Youths committed to the legal custody of the Department of Corrections will follow the department’s rules on Transfers and Responsibilities Between Oregon Youth Authority and Department of Corrections (OAR 291-052).

(e) Male AICs sentenced to death will be delivered by the sheriff to the Oregon State Penitentiary. Female AICs sentenced to death will be delivered by the sheriff to the Coffee Creek Correctional Facility.

(f) In extraordinary circumstances where intensive confinement or special immediate treatment of an AIC is essential (for example, medical or mental health problems) the sheriff may deliver the AIC directly to an approved department facility other than the designated department intake facility. In such cases, the sheriff must obtain prior approval by contacting the Department of Correction’s Population Management Administrator or designee.

(g) Upon receipt of the judgment and the time served certification, OISC staff will establish a case file and compute the AIC’s sentence. After the case file is established and the AIC’s sentence is computed, OISC staff will send a copy of the facesheet to the Board of Parole and Post-Prison Supervision.

(A) The court name used by the Department of Corrections on an AIC’s case file and other documents (for example, identification cards, medical files) will be established and based on the name provided in the first judgment sentencing an AIC to the custody of the Oregon Department of Corrections. This court name remains the same as long as an AIC remains in the same custody cycle.

(B) Alternately, an AIC may request an alternative name to be their Department of Corrections name of record if it is materially different from the court name, is supported by legal documentation of their legal name, and is authorized for use by the Department of Corrections on the AIC’s case file, identification card, medical file, etc.

(h) In the event the sheriff does not deliver a time served certification with the AIC, the department will accept a time served certification by email, fax, mail, or teletype at OISC.

(i) If a time served certification is received after admission of the AIC, the OISC staff designated to perform sentence calculation shall amend the sentence computation pursuant to ORS 137.370 and send a copy of the amended facesheet to the Board of Parole and Post-Prison Supervision.

(j) Parole violators will be accepted at the designated Department of Corrections intake facility with a revocation order issued by the Board of Parole and Post-Prison Supervision chairperson, or for a Board of Parole and Post-Prison Supervision warrant from out-of-state.

(k) A post-prison supervision violator is to be returned to the appropriate Department of Corrections intake facility by Community Corrections staff or the county sheriff upon receipt of authorization from the Board of Parole and Post-Prison Supervision. The authorization must include the arrest date; suspend and detain date; revocation date; the days to be served on the violation sanction; and the sanction release date or pending future disposition hearing.

(l) AICs being returned from escape will be accepted at the Department of Corrections intake facility or other designated Department of Corrections facility, as approved, upon verification of escape status and positive identification.

(2) Concurrent and Consecutive Ghosts:

(a) Pursuant to ORS 137.320(2), if an AIC is surrendered to another state or federal authority after sentencing, the sheriff shall forward to the OISC unit at the Department of Corrections intake facility a copy of the judgment, a statement of the number of days the AIC was imprisoned in the county jail prior to surrender and an identification of the authority to whom the prisoner was surrendered.

(b) Upon receipt of the judgment and the time served certification, OISC staff will establish a case file and compute the AIC’s sentence(s). After the case file is established and the AIC’s sentence(s) is computed, OISC staff will send a copy of the facesheet and judgment to the Board of Parole and Post-Prison Supervision.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
CD 7-1989, f. & cert. ef. 5-25-89
CD 45-1986, f. & ef. 10-21-86
CD 51-1985, f. & ef. 8-16-85
CD 44-1983, f. & ef. 11-4-83
CD 24-1983(Temp), f. & ef. 7-11-83
CD 23-1983, f. & ef. 5-2-83

Or. Admin. R. 291-100-0027 Computing Sentences under ORS 137.320

(1) When computing a sentence under ORS 137.320, OISC staff will review the judgment document for information that is necessary to properly compute the sentence and to determine if it complies with ORS 137.071 and ORS 18.038 by considering whether the judgment document:

(a) Is identified as a “judgment;”

(b) Identifies the court and case number;

(d) Specifies the determination for each charged crime in the information, indictment, or complaint (for example, whether the charge resulted in acquittal, dismissal, conviction, or merger with another conviction);

(e) Specifies the crime of conviction and sentence imposed for each charge that resulted in a conviction;

(f) Includes any information required by statute or court rules. Examples of this type of information include:

(A) The imposition of any applicable mandatory minimum sentence;

(B) For crimes committed on or after December 5, 1996, as required under ORS 137.750, includes a statement regarding whether the defendant may be considered by the executing or releasing authority for any form of temporary leave from custody, reduction in sentence, work release, or program of conditional or supervised release authorized by law for which the defendant is otherwise eligible at the time of sentencing; and

(g) Contains the judge’s signature, or the signature of the court administrator is authorized by law to sign the judgment document, and the date the judgment document is signed.

(2) Consecutive sentences: As provided under ORS 137.123, the department will compute sentences with concurrent terms unless the judgment expressly provides for consecutive sentences.

(a) When a judgment provides that a sentence is partly or completely consecutive to another sentence, the department will presume that the terms “consecutive” or “consecutively” refer to being in a series with one another (that is, sequential,) unless the judgment requires or provides a different meaning.

(b) Unless otherwise provided or required by law or in the judgment, when computing consecutive sentences, the department may order the sequence of consecutive sentences in any manner that best effectuates the court’s intent expressed in the judgment.

(c) As provided in ORS 137.123, a court may impose a sentence that is consecutive to any other sentence which has been previously imposed or is simultaneously imposed.

(A) Unless the judgment or law provides otherwise, when a judgment provides that a sentence will be served “consecutive to sentences previously imposed” or “consecutively to sentences previously imposed,” or includes similar language to that effect, the department will compute that sentence as being consecutive to any sentences imposed by any court on or before the date of sentencing, including other counts in the same case number.

(B) Unless the judgment or law provides otherwise, when a judgment provides that a sentence will be served “consecutive to sentences simultaneously imposed” or “consecutively to sentences simultaneously imposed,” or includes similar language to that effect, the department will compute that sentence as being consecutive to any other sentences imposed by any court on the date of sentencing, including other counts in the same case number.

(C) Unless the judgment or law provides otherwise, when a judgment provides that a sentence will be served “consecutive to sentences currently being served” or “consecutively to sentences currently being served,” or includes similar language to that effect, the department will compute that sentence as being consecutive to any sentences imposed by any court on or before the date of sentencing, including other counts in the same case number.

History

Statutory/Other Authority: ORS 423.020, 423.030, 423.075, 179.040, 137, 144, 161.610 & 421
Statutes/Other Implemented: ORS 423.020, 423.030, 423.075, 179.040, 137, 144, 161.610 & 421
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 4-2021, adopt filed 04/06/2021, effective 04/06/2021
DOC 26-2020, temporary adopt filed 12/28/2020, effective 12/28/2020 through 06/25/2021

Or. Admin. R. 291-100-0070 First and Last Day Credit

(1) An AIC will receive a full day of credit for the date of commitment to the department.

(2) An AIC will receive a full day of credit for the last day of the sentence in a department facility.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0075 Definition of a Month

(1) Upon receipt of a judgment imposing a certain number of months to be served, the Department of Corrections will complete the calculation by adding that number of months to the begin date. The actual number of days served will vary slightly depending on whether the corresponding months have 28, 29, 30 or 31 days.

(2) For persons sentenced to a term of imprisonment that includes a commitment to the legal and physical custody of the Department of Corrections, there is no statutory definition of a month. ORS 169.005(6) is applicable to local correctional and juvenile facilities only.

History

Statutory/Other Authority: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, adopt filed 01/16/2019, effective 01/16/2019

Or. Admin. R. 291-100-0080 Credit for Pre-sentence Time Served (ORS 137.370)

(1) OISC must receive time served certifications directly from the county sheriff or other qualified certifying authority. Time served certifications will not be accepted from an AIC. Time served must be certified by the custodial authority.

(2) It is the AIC’s responsibility to direct inquiries to OISC regarding pre-sentence time served certified by the county if they believe it does not include all the time they were confined in that county’s jail. Forms for this purpose will be available at the institution law library.

(3) Pursuant to ORS 137.320(3) and 137.370:

(a) For Sentences Imposed Prior to August 1, 2015: An AIC will receive time served credit only for the actual number of days confined after arrest in a county jail or other non-Department of Corrections facility, as authorized by statute, as a result of the crime for which the sentence is imposed. A conviction for a lesser included offense may receive pre-sentence time while confined on the greater inclusive crime. Credit will be given only for the pre-sentence time the AIC was confined in the county jail or other non-Department of Corrections facility, as authorized by statute. The days must be certified by the county sheriff or other qualified certifying authority and then verified by OISC (for example, days certified when the AIC was not actually confined in that county’s jail cannot be applied).

(b) For Sentences Imposed on or after August 1, 2015: An AIC will receive time served credit only for the actual number of days confined by any authority after the arrest for the crime for which sentence is imposed; a lesser or greater inclusive offense of the crime for which sentence was imposed; and any other crime constituting a violation of Oregon law within the same county if designated by the sentencing court in the judgment as having been committed as part of the same criminal episode as the crime for which sentence was impose.

(c) An AIC will receive time served credit for time confined in a county jail or other non-Department of Corrections facility, as authorized by statute, against only the first of multiple consecutive sentences unless different dates are indicated for the consecutive sentences.

(d) An AIC will receive time served credit for time confined in a county jail or other non-Department of Corrections facility, as authorized by statute, against each of multiple concurrent sentences, if certified individually by case number.

(e) An AIC will not receive time served credit for the time the AIC is incarcerated in a Department of Corrections facility while awaiting trial and sentencing on additional criminal charges against the incarceration term arising out of those additional charges.

(f) Pursuant to ORS 137.370(4):

(A) For a sentence imposed prior to August 1, 2015, an AIC will not receive time served credit on a department sentence for time served in jail if that person also was confined as the result of a sentence for a crime or conduct that is not directly related to the crime for which the sentence is imposed, or for violation of the conditions of probation, parole, or post-prison supervision.

(B) For a sentence imposed on or after August 1, 2015, unless the sentencing court orders otherwise, an AIC will not receive time served credit on a department sentence for time served in jail if that person also was confined as the result of a sentence for a crime or conduct that is not directly related to the crime for which the sentence is imposed, or for violation of the condition of probation, parole, or post-prison supervision, unless the court expressly orders otherwise.

(g) An AIC will not receive time served credit for time in custody on a warrant or detainer unless that custody is the sole result of the warrant or detainer.

(h) An AIC will not receive time served credit for time not confined in the county jail, such as time spent on house arrest, electronic monitoring, or in a county work release program.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030, 423.075, Oregon Laws 1995, Chapter 657, section 20 & Oregon Laws 2015, Chapter 508, section 1
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 14-2024, minor correction filed 07/18/2024, effective 07/18/2024
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0085 Credit for Time Served as Part of a Probationary Sentence (ORS 137.372(2))

An AIC who has been ordered confined as part of a probationary sentence for a crime committed on or after July 18, 1995, shall receive credit for time served in jail after arrest and before commencement of the probationary term unless the sentencing judge orders otherwise.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05

Or. Admin. R. 291-100-0090 Credit for Time Served Toward a Probation Revocation Sentence

(1) Time served as a condition of probation:

(a) Crimes committed prior to November 1, 1989: Pursuant to ORS 137.545 (formerly ORS 137.550), an AIC will receive credit for time served as a condition of probation pursuant to ORS 137.540 against the incarceration term of any subsequent sentence resulting from revocation of probation. Time served includes jail good time and work time credits as certified.

(b) Crimes committed on or after November 1, 1989 and judgments entered prior to July 18, 1995: Pursuant to ORS 137.372 and former 137.550(6), an AIC will receive credit for time served as a condition of probation pursuant to ORS 137.540, or as part of a probationary sentence pursuant to the rules of the Oregon Criminal Justice Commission, against the incarceration term of any subsequent sentence resulting from revocation of probation only if ordered by the sentencing judge in the judgment. Time thus served includes jail good time and work time credits as certified.

(c) Crimes committed on or after November 1, 1989 and judgments entered on or after July 18, 1995 and before August 1, 2015: Pursuant to ORS 137.372, former ORS 137.550(6), and ORS 137.545(7), an AIC will receive credit for time served as a condition of probation pursuant to ORS 137.540, or as part of a probationary sentence pursuant to the rules of the Oregon Criminal Justice Commission, against the incarceration term of any subsequent sentence resulting from revocation of probation unless the sentencing judge orders otherwise in the judgment. Time thus served includes jail good time and work time credits as certified.

(d) Crimes committed on or after November 1, 1989 and judgments entered on or after August 1, 2015 and imposed as a downward dispositional departure, as defined in the Oregon Criminal Justice Commission rules, OAR 213-003, including optional probation: Pursuant to ORS 137.372(1)(a), an AIC will receive time served on a sentence, imposed as a downward dispositional departure under the rules of the Oregon Criminal Justice Commission, for time served credit served in jail for time after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence up to 90 days. If the time served credit is greater than 90 days, the sentencing judge may limit or deny credit for any of the time that exceeds 90 days.

(e) Crimes committed on or after November 1, 1989 and judgments entered on or after August 1, 2015 and imposed as a presumptive probation: Pursuant to ORS 137.372(1)(b), an AIC will receive time served on a sentence, imposed as a presumptive probationary sentence under the rules of the Oregon Criminal Justice Commission, for time served credit served in jail for time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

(f) Crimes committed on or after November 1, 1989 and judgments entered on or after April 13, 2018 and imposed as an optional probation: Pursuant to ORS 137.372(1)(b), an AIC will receive time served on a sentence, imposed as an optional probation sentence under the rules of the Oregon Criminal Justice Commission, for time served credit served in jail for the time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

(2) Time served prior to commencement of probation:

(a) Pursuant to ORS 137.370(2)(a), an AIC who has been revoked from a probationary sentence for a crime committed on or after November 1, 1989 and prior to July 18, 1995, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence.

(b) Pursuant to ORS 137.370(2)(a), former ORS 137.372(1), and ORS 137.372(1)(b), an AIC who has been revoked from a presumptive probationary sentence for a crime committed on or after July 18, 1995, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence unless the sentencing judge orders otherwise.

(c) Pursuant to ORS 137.370(2)(a) and ORS 137.372(1)(a), an AIC who has been revoked from a downward dispositional departure probationary sentence, including optional probation under the rules of the Oregon Criminal Justice Commission for a crime committed on or after November 1, 1989 and judgment entered on or after August 1, 2015, will receive credit for the time served in jail after arrest and before commencement of the probationary sentence and for the time served in jail as part of the probationary sentence up to 90 days. If the time served credit is greater than 90 days, the sentencing judge may limit or deny credit for any of the time that exceeds 90 days.

(d) Pursuant to ORS 137.370(2)(a) and ORS 137.372(1)(b), an AIC who has been revoked from a presumptive probationary sentence under the rules of the Oregon Criminal Justice Commission for a crime committed on or after November 1, 1989 and judgment entered on or after August 1, 2015, will receive credit for the time served in jail for the time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

(e) Pursuant to ORS 137.370(2)(a) and ORS 137.372(1)(b), an AIC who has been revoked from an optional probationary sentence under the rules of the Oregon Criminal Justice Commission for a crime committed on or after November 1, 1989 and judgment entered on or after April 13, 2018 will receive credit for the time served in jail for the time after arrest and before the commencement of the probationary sentence and for the time served in jail as part of the probationary sentence unless the sentencing judge orders otherwise.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0095 Credit for Time Served Following Failure of Diversion or Specialty Court Program (ORS 137.373(2))

For judgments imposed on or after August 1, 2015, a person who is ordered to the custody of the Department of Corrections following the failure to complete a diversion program (ORS 430.450 to 430.555) or a specialty court program (for example, drug court) in which the person was not on probation shall receive credit for the time served in jail after arrest and before commencement of the program and for the time served in jail as a sanction for violating the terms of the program, unless the sentencing judge orders otherwise.

History

Statutory/Other Authority: ORS 137, 144, 421, 161.610, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 421, 161.610, 179.040, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, adopt filed 01/16/2019, effective 01/16/2019

Or. Admin. R. 291-100-0100 Prison Term and Sentence Reduction Credits

(1) Statutory Good Time and Extra Good Time Credits: Statutory Good Time and Extra Good Time Credits may be applied in accordance with ORS 421.120(2), 421.122, and the department’s rules on Prison Term Modification (OAR 291-097).

(2) Earned Time Credits: Earned Time Credits may be applied in accordance with ORS 421.121 and the department’s rules on Prison Term Modification (OAR 291-097).

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0105 Convictions Under ORS 137.700 and 137.707

When a person is convicted of an offense listed in ORS 137.700 or 137.707 for a crime committed on or after the effective dates listed in ORS 137.700 and 137.707, the person shall serve the entire sentence imposed by the court and is not eligible for earned time, work release, alternative incarceration programs, release on post-prison supervision, or any form of temporary leave from custody during the service of the mandatory minimum sentence imposed by the court in accordance with ORS 137.700; ORS 137.707; the department’s rules on Prison Term Modification (OAR 291-097); the department’s rules on Work Release Programs (OAR 291-149); the department’s rules on Alternative Incarceration Programs (OAR 291-062); and the department’s rules on Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips (OAR 291-063).

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05

Or. Admin. R. 291-100-0110 Convictions Under ORS 137.635 (Ballot Measure 4 Sentences)

(1) Prior Convictions for ORS 137.635 Predicate Crimes:

(a) For purposes of ORS 137.635, a person has a prior conviction for an ORS 137.635 predicate crime if the person committed and was previously convicted for one of the crimes listed in ORS 137.635 prior to the commission of an ORS 137.635 crime for which the person is currently sentenced.

(b) A prior conviction for an ORS 137.635 predicate crime may have occurred either before, on, or after January 1, 1990, the effective date of ORS 137.635.

(c) A prior conviction for an ORS 137.635 predicate crime may be a prior conviction from another state or federal jurisdiction that is the equivalent of a listed ORS 137.635 felony crime.

(d) Determination of a prior conviction for an ORS 137.635 predicate crime:

(A) For crimes committed on or after January 1, 1990 with judgments entered prior to August 23, 1993, OISC staff will determine whether an AIC has a qualifying prior conviction for an ORS 137.635 predicate crime and whether an AIC is subject to the sentencing provisions of ORS 137.635. If a prior conviction for an ORS 137.635 predicate crime is from another state or federal jurisdiction, OISC staff will obtain documents necessary to verify that the elements of the predicate felony crime for which the AIC was previously convicted are identical to the elements of one or more of the ten felony crimes listed in ORS 137.635.

(B) For crimes committed on or after January 1, 1990 with judgments entered on or after August 23, 1993, the court will determine whether an AIC has a qualifying prior conviction for an ORS 137.635 predicate crime and whether an AIC is subject to the sentencing provisions of ORS 137.635.

(2) Qualifying ORS 137.635 Convictions:

(a) An AIC who is currently convicted of one or more ORS 137.635 crimes committed on or after January 1, 1990, who is sentenced by the court to a determinate sentence and who has a prior conviction for an ORS 137.635 predicate crime is subject to the sentence computation requirements of ORS 137.635 on the qualifying second or repeat conviction.

(b) An AIC who receives two or more qualifying ORS 137.635 convictions arising out of the same criminal episode (such as, convictions that are separate counts in the same criminal case or convictions that arise in the same court appearance), is not subject to an ORS 137.635 sentence as a result of the convictions, unless the AIC has a prior conviction for an ORS 137.635 predicate crime.

(3) Sentence Computation of ORS 137.635 Sentences:

(a) The incarceration term of a current determinate ORS 137.635 sentence is determined by the court as indicated in the judgment committing the person to the legal and physical custody of the Department of Corrections.

(b) An AIC that is determined to be subject to an ORS 137.635 sentence shall serve the entire sentence imposed by the court and is not eligible to earn sentence reduction credits (such as, earned time) during service of the qualifying ORS 137.635 sentence.

(c) An AIC that is determined to be subject to an ORS 137.635 sentence is not eligible for parole, earned time, work release, alternative incarceration programs, release on post-prison supervision, or any form of temporary leave from custody, including medical leave, during the service of the entire sentence imposed by the court in accordance with ORS 137.635, and the department’s rules on Prison Term Modification (OAR 291-097); the department’s rules on Work Release Programs (OAR 291-149); the department’s rules on Alternative Incarceration Programs (OAR 291-062); and the department’s rules on Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips (OAR 291-063).

(d) An AIC serving a sentence for a predicate conviction for a crime committed on or after November 1, 1989, may be eligible for earned time credits on that prior sentence pursuant to ORS 421.121.

(e) An AIC serving a sentence for a predicate conviction for a crime committed prior to November 1, 1989, may be eligible for statutory good time and extra good time credits on that prior sentence pursuant to ORS 421.120(1) and 421.122 and in accordance with the department’s rules on Prison Term Modification (OAR 291-097).

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05
DOC 6-1999, f. 3-26-99, cert. ef. 4-1-99
DOC 22-1998(Temp), f. & cert. ef. 12-23-98 thru 6-21-99
CD 5-1994, f. 2-18-94, cert. ef. 3-1-94
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0115 Sentencing Pursuant to ORS 137.750 and ORS 137.751

(1) Sentences imposed for crimes committed on or after December 5, 1996 and before January 1, 2009: Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after December 5, 1996 and before January 1, 2009, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, alternative incarceration program, or program of conditional or supervised release authorized by law unless the court finds substantial and compelling reasons to order a defendant not be considered for such leave, release or program.

(2) Sentences imposed for crimes committed on or after January 1, 2009:

(a) Pursuant to ORS 137.750, when the court sentences a defendant for any crime committed on or after January 1, 2009, the court must order on the record in open court if the defendant may be eligible for any form of temporary leave from custody, reduction in sentence, work release, or program of conditional or supervised release authorized by law unless the court finds substantial and compelling reasons to order a defendant not be considered for such leave, release or program.

(b) Pursuant to ORS 137.751, when the court sentences a defendant for any crime committed on or after January 1, 2009, the court must make certain findings and must order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.508(4) for a defendant to be eligible for an Alternative Incarceration Program.

(3) The Department of Corrections may consider the AIC for any form of temporary leave, sentence reduction credits, work release, alternative incarceration programs, or programs of conditional or supervised release, only upon order of the sentencing court appearing in the judgment.

(4) The Department of Corrections will not consider an AIC eligible for a ORS 137.750 or 137.751 program unless a sentencing court specifically orders, in writing, that the AIC is eligible for such program(s) in the judgment.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421, 423.020, 423.030, 423.075, ORS 137, 144 & 161.610
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05

Or. Admin. R. 291-100-0120 ORS 161.610 Use of Firearm (Gun) Minimums

(1) Pre-Sentencing Guidelines:

(a) Pursuant to ORS 161.610, AICs serving a sentence(s) for crime(s) committed prior to November 1, 1989 containing an ORS 161.610 minimum incarceration term will begin the minimum incarceration term on the begin date of the sentence, less eligible time served credits.

(b) AICs serving a minimum incarceration term pursuant to ORS 161.610 shall not become eligible for work release or parole until the minimum incarceration term, less reductions for statutory good time, is served.

(c) AICs shall be released upon completion of the minimum incarceration term pursuant to ORS 161.610, or upon the parole release date, whichever is longer.

(2) Sentencing Guidelines Sentences:

(a) Pursuant to ORS 137.637, AICs serving a sentence(s) for crime(s) committed on or after November 1, 1989 containing an ORS 161.610 enhancement penalty shall have their sentence release date computed on the determinate sentence imposed less earned time under ORS 421.121, or the presumptive sentence as provided by the rules of the Oregon Criminal Justice Commission, whichever is longer.

(b) AICs serving a minimum incarceration term pursuant to ORS 161.610 will not be eligible for work release, alternative incarceration programs, release on post-prison supervision or any form of temporary leave from custody during the service of the term of imprisonment in accordance with the department’s rules on Prison Term Modification (OAR 291-097); the department’s rules on Work Release Programs (OAR 291-149); the department’s rules on Alternative Incarceration Programs (OAR 291-062); and the department’s rules on Short-Term Transitional Leaves, Emergency Leaves and Supervised Trips (OAR 291-063).

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0130 Computation of Inoperative Time

(1) Pursuant to 137.370(2), time on escape or on “suspend” status from transitional leave outside a Department of Corrections or other assigned facility status will not be credited toward service of a department sentence.

(2) An AIC’s service of a department sentence ceases on the date that the AIC escapes from a Department of Corrections or other assigned facility or on the date that transitional leave is suspended. A full day of credit will be given for the day of escape or for the day transitional leave is suspended. The AIC’s sentence commences to run again on the date the AIC is incarcerated in an Oregon county jail with a full day of credit given for the day of incarceration in an Oregon county jail, with earned time calculated in accordance with OAR 291-097-0240(9) and former OAR 291-097-0020(6). If Oregon county jail incarceration information cannot be obtained or verified by the department, the AIC’s sentence commences to run again on the date the AIC is incarcerated in a Department of Corrections facility.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 1-2007, f. 1-31-07, cert. ef. 2-1-07
DOC 9-2006(Temp), f. & cert. ef. 8-7-06 thru 2-3-07
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0140 Computation of Sentences for Parole Violators

(1) Upon parole revocation, the suspend, revocation, and arrest dates provided by the Board of Parole and Post-Prison Supervision will be used by OISC staff to calculate new good time and maximum sentence expiration dates.

(2) A new sentence received by a parolee who has been returned to the Department of Corrections without revocation will be calculated in the same manner as a new commitment.

(3) AICs paroled before September 13, 1975 who are revoked and returned to a Department of Corrections facility will not receive any credit toward their indeterminate sentence(s) for time served on parole prior to the revocation.

(4) Pursuant to former ORS 144.390 (repealed 1975 Oregon Laws, Chapter 589), AICs paroled on or after September 13, 1975 who are revoked and returned to a Department of Corrections intake facility will receive credit toward their indeterminate sentence for time served on parole prior to revocation, except inoperative time.

(5) Absconders from parole will cease to accrue time served on parole toward their indeterminate sentence as of the date of issuance of the parole suspend warrant. Parole time resumes upon arrest in Oregon for the abscond warrant. If the absconder is arrested out of state, parole time resumes upon return to the Department of Corrections intake facility or placement in an Oregon local correctional facility, as approved.

(6) All previously granted statutory good time and extra good time credits are forfeited upon revocation of parole.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 5-2005, f. & cert. ef. 4-13-05
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0150 Release

(1) An AIC shall not be released from confinement in a Department of Corrections facility except as authorized in writing by an appropriate releasing authority.

(2) AICs serving a sentence(s) for crime(s) committed on or after November 1, 1989 shall be released from confinement on that sentence(s) only upon completion of their incarceration term, or upon receipt and verification of:

(a) A court order or judgment requiring the AIC’s release;

(b) A commutation or pardon order issued by the Governor requiring the AIC’s release; or

(c) An order of release to post-prison supervision issued by the Board of Parole and Post-Prison Supervision for those sentences, in accordance with statutes, the Board has release authority over.

(3) AICs serving a sentence(s) for crime(s) committed prior to November 1, 1989 shall be released from confinement on that sentence(s) only upon:

(a) Receipt and verification of:

(A) An order of parole release issued by the Board of Parole and Post-Prison Supervision; or

(B) An order of parole-like release six months prior to the AIC’s good time date in the event an AIC refuses parole for crimes committed prior to September 20, 1985; or

(D) A commutation or pardon order issued by the Governor requiring the AIC’s release

(b) Discharge of a sentence, upon:

(A) The good time date when the good time date is reached on or before a parole release date set by the Board of Parole and Post-Prison Supervision; or

(B) For crimes committed prior to September 20, 1985, upon the good time date when the good time date is reached and the AIC has refused parole; or

(C) Compelled parole pursuant to ORS 144.245(2) for crimes committed on or after September 20, 1985 and prior to November 1, 1989.

(4) OISC staff shall receive and distribute to the Department of Corrections facility having physical custody of the AIC, any verified court order or judgment requiring the AIC’s release.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 5-2005, f. & cert. ef. 4-13-05
DOC 9-2002, f. & cert. ef. 7-12-02
DOC 2-2002(Temp), f. & cert. ef. 1-15-02 thru 7-14-02
CD 23-1993, f. 9-16-93, cert. ef. 9-20-93

Or. Admin. R. 291-100-0160 Adjusted Release Date

(1) Pursuant to ORS 137.375, when an AIC’s release date falls on a Saturday, Sunday, or legal holiday, the AIC shall be released at the discretion of the releasing authority on the first, second, or third day preceding the date of release which is not a Saturday, Sunday, or legal holiday. The AIC may be released on the Wednesday or Thursday immediately prior to the release date if the release date interferes with community supervision or transitional planning.

(2) The release counselor may request an adjusted release by submitting a Release Date Adjustment form (CD 1417) to the designated Reentry and Release Services staff. The designated Reentry and Release Services staff will approve or deny the request. This will be done on a case-by-case basis and documented on the Release Date Adjustment form (CD 1417).

(3) Once approved or denied and upon receipt of the Release Date Adjustment form (CD 1417), the release counselor will notify the appropriate staff of the decision and provide a copy of the Release Date Adjustment form (CD 1417) to the facility’s OISC institution records office.

(4) If a release date changes and there is no longer a need for an adjusted release date, the designated Reentry and Release Services staff will write “canceled” across the top of the Release Date Adjustment form (CD 1417) and send a copy to the release counselor who will forward a copy to the appropriate staff.

History

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075
DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024
DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019
DOC 5-2005, f. & cert. ef. 4-13-05

Division 104 CLASSIFICATION (AIC)

Or. Admin. R. 291-104-0106 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Establish Department of Corrections policy and procedures for identifying and assigning an appropriate custody level to each adult in custody committed to serve a term of incarceration in or transferred to the Department of Corrections and housed in a Department of Corrections-operated or Department of Corrections-contracted facility or those adult-sentenced youths in the custody of Oregon Youth Authority;

(b) Provide information for population management and planning; and

(c) Provide information to support the appropriate distribution of correctional resources for both adult in custody and agency needs.

(3) Policy:

(a) Custody Level: It is the policy of the Department of Corrections to assign each adult in custody committed to serve a term of incarceration in or transferred to the custody of the department the lowest custody level deemed appropriate and to:

(A) Provide the amount of supervision necessary to account for the adult in custody’s whereabouts;

(B) Provide for the safe, secure, and orderly operation of Department of Corrections facilities;

(D) Allow each adult in custody to exercise independent responsibility equal to their demonstrated ability and behavior; and

(E) Ensure the delivery of appropriate adult in custody health care, mental health treatment, education, and work programs.

(b) Housing Assignments: It is the policy of the Department of Corrections to assign an adult in custody to housing consistent with their custody level, demonstrated behavior, and special needs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2026, amend filed 07/29/2026, effective 08/01/2026
Renumbered from 291-104-0005 by DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06
CD 20-1994, f. 9-21-94, cert. ef. 10-1-94
CD 18-1993, f. 6-7-93, cert. ef. 6-9-93
CD 14-1991, f. & cert. ef. 6-7-91
CD 2-1989, f. & cert. ef. 2-6-89

Or. Admin. R. 291-104-0111 Definitions

(1) Administrative Review: A review of classification scoring, classification level, or classification override requested by an adult in custody and completed by the designated institution committee, institution functional unit manager, or Classification Manager.

(2) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(3) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision, or probation status.

(4) Arrest: For the purposes of these rules, arrest means placing a person under full custody (that is, being fully restrained or after being placed in a law enforcement vehicle for transport) for the purpose of charging that person with an offense.

(5) Behavioral Health Services (BHS): A unit within Oregon Department of Corrections Health Services with primary responsibility for the assessment and treatment of adults in custody with mental illness and intellectual disabilities.

(6) Behavioral Health Unit: An intensive behavioral management and skills training unit for adults in custody with serious mental illness that have committed violent acts or disruptive behavior.

(7) Classification Action: Initiation of initial custody classification level, reclassification, or classification override to determine an adult in custody’s custody classification level.

(8) Classification Manager: A Department of Corrections employee responsible for the development, implementation, training, auditing, oversight, and management of the classification function within the department.

(9) Corrections Information System: A computer system dedicated to tracking information critical to the management of adults in the custody or under the supervision of the Department of Corrections.

(10) Custody: As it relates to escape, a person is in custody if a peace officer has placed the person under arrest for the purpose of charging that person with an offense, or taking the person into custody for a parole, post-prison supervision or probation violation.

(11) Custody Classification Guide (Attachment 1): Criteria and guidelines that assist in understanding an adult in custody assigned custody classification level utilizing scoring elements determined by the Department of Corrections.

(12) Custody Classification Level: One of five levels of supervision assigned to an adult in custody through initial custody classification level and classification review procedures.

(a) Level 5 (Maximum): An adult in custody assigned at this custody classification level meets one of the following criteria:

(A) Has demonstrated behaviors causing serious management concerns or has demonstrated behaviors that in the judgment of the department present a threat sufficient to require special security housing on intensive management status;

(B) Has a sentence of death or is pending retrial in a case in which a sentence of death may be re-imposed;

(D) Is under investigation for or has been charged with the in-custody murder of another adult in custody or employee.

(b) Adults in custody who have a sentence of death, pending trial, or pending retrial in a case in which a sentence of death may be imposed will be reviewed by Special Population Management Committee for housing placement. The Special Population Management Committee will determine housing placement and if general population is recommended can override the Level 5 classification to Level 4.

(c) Level 4 (Close): An adult in custody assigned at this custody classification level presents a serious risk of escape or institutional violence or has time remaining of more than 120 months to life with or without parole or released from the Intensive Management Unit or Intensive Management Unit diversion in the Behavioral Health Unit during the past year.

(d) Level 3 (Medium): An adult in custody assigned at this custody classification level presents a moderate risk of escape, has a High-Level detainer, has demonstrated behavior causing moderate management concern, or has time remaining of 61 to 120 months.

(e) Level 2 (Minimum): An adult in custody assigned at this custody classification level presents a limited risk of escape, has a Low-Level detainer, or has demonstrated behavior causing limited management concern, and has time remaining of 60 months or less.

(f) Level 1 (Minimum): An adult in custody assigned at this custody classification level presents a minimal risk of escape, meets the criteria for Detainer-Not Applicable, has demonstrated behavior causing minimal management concern, and has time remaining of 60 months or less.

(13) Department of Corrections (DOC) Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(14) Designators: Information, alerts, or statutory designations important for sentence computation and crucial to determining work crew eligibility, unfenced housing assignment (as defined in OAR 291-082-0105), and the management of adults in custody and adults on supervision.

(15) Escape: For purposes of these rules, escape:

(a) Means an unlawful departure of a person from custody; or escape, attempted escape, or conspiracy to escape from any correctional facility, including state, federal, county, or juvenile facilities; or departure and failure to return to any facility or housing in which a person was court ordered to reside; and

(b) Includes the unauthorized departure or absence from this state by a person who is under the jurisdiction of the Psychiatric Security Review Board, or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351; abscond while on temporary release or transitional leave from a Department of Corrections facility; or escape, attempted escape, or conspiracy to escape from the custody of officials while in a legitimate criminal justice building for a court appearance or from full custody of law enforcement, correctional employee, or employee from any partner agency assigned to supervise a person in custody for any of the reasons a person may be in custody while in the community.

(16) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(17) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.

(18) Initial Custody Classification Level: The process used by the department to assign an adult in custody a custody level upon their admission to the physical custody of the department.

(19) Intensive Management Unit: Special security housing and programs separate from general population housing units in Department of Corrections facilities for adults in custody demonstrating serious security or safety concerns.

(20) Intensive Management Unit Diversion: The placement of an adult in custody who is determined to be seriously mentally ill into mental health special housing in lieu of the Intensive Management Unit for the duration of the program or until there is a change in status.

(21) Law Enforcement: Government agencies and individuals designated to enforce laws and maintain public order (such as, sheriff, police officer, or parole officer).

(22) Office of Population Management: A functional unit of the department that has administrative responsibility for a variety of systems including overall planning and management of adult in custody capacity requirements for correctional facilities statewide.

(23) Override: An option utilized when there is a documented issue(s) not addressed in the automated classification scoring, or a degree of seriousness in a classification factor that justifies a higher or lower custody classification level than indicated by the classification action.

(24) Reclassification: The process used by the department to re-evaluate an adult in custody's assigned custody classification level after they have been in the department’s custody for at least six (6) months. The assigned custody classification level may be changed as a result of the review.

(25) Serious Management Concerns: Participation, either individually or in a group, in behavior which poses a significant threat to the safe and secure operation of the Department of Corrections facility including, but not limited to:

(a) Threatening or inflicting bodily injury on another person;

(b) Posing an immediate risk of escape;

(d) Promoting security threat group activities; or

(e) Being involved in any other activity that could significantly threaten the safe and secure operation of the Department of Corrections facility, and that such behavior poses a sufficient threat that, in the judgment of the department, can only be adequately controlled in appropriate special housing.

(26) Special Population Management Committee: A committee that is chaired by a representative from the Office of Population Management and is composed of at least two additional department employees from institution operations and Behavioral Health Services who are responsible for reviewing referrals to the Intensive Management Unit, mental health special housing, or administrative housing.

(27) Violence Predictor Score: A score based on a mathematical equation, see Attachment 2 Violence Predictor Score Formula, used to determine an adult in custody’s potential risk for violence in an institutional setting during the first twelve (12) months of incarceration. The equation includes calculations based on an adult in custody’s age, gender, prior incarcerations, type of crime, aggression, drug history, and certain personality disorders.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 15-2026, temporary amend filed 05/26/2026, effective 05/26/2026 through 11/21/2026
DOC 5-2015, f. & cert. ef. 5-21-15
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 11-2014, f. & cert. ef. 5-1-14
DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14
DOC 9-2013(Temp), f. & cert. ef. 10-23-13 thru 4-21-14
DOC 4-2013, f. & cert. ef. 4-15-13
DOC 11-2012(Temp), f. & cert. ef. 11-5-12 thru 5-4-13
DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06

Or. Admin. R. 291-104-0116 Initial Custody Classification Level

(1) The Department of Corrections shall assign adults in custody an initial custody classification level in accordance with the Custody Classification Guide (Attachment 1) or the adult in custody’s Violence Predictor Score, whichever is higher. An adult in custody will generally be assigned an initial custody classification level within 30 days of admission to the physical custody of the Department of Corrections.

(2) The Violence Predictor Score is used as a classification scoring element only during the first twelve (12) months of an adult in custody’s incarceration in the Department of Corrections and may be applied by the Department of Corrections counselor after thorough review of the adult in custody’s records.

(3) Upon admission to the physical custody of the Department of Corrections, the adult in custody’s assigned counselor will determine an adult in custody’s initial custody classification level and forward the classification action to the functional unit manager or designee for approval.

(4) No classification action is official until the functional unit manager or designee approves the classification action.

(5) Final approval for any override of one step will be made by the Intake Manager, institution Correctional Rehabilitation Manager, or their designee, and shall be documented on the classification override comment screen describing the override reason.

(6) A custody classification level override of more than a single step is not official until approved by the Intake Manager or institution Correctional Rehabilitation Manager or their designee, and the Classification Manager or designee.

(7) A custody classification level of Level 5 is not official until approved by the designated Intake or institution employee, the Special Population Management Committee, and the Office of Population Management Operations Manager or designee.

(8) An adult in custody may request a copy of their official classification action.

(9) All official classification actions are recorded in the Corrections Information System and the records maintained in accordance with the department’s retention schedule.

(10) The Office of Population Management may modify any classification. In such cases, the affected Department of Corrections facility will be notified of the reason(s) for the modification.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 5-2015, f. & cert. ef. 5-21-15
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 11-2014, f. & cert. ef. 5-1-14
DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14
DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06

Or. Admin. R. 291-104-0125 Custody Classification Level Review

(1) An adult in custody’s custody classification level will be reviewed when new information is received that affects a classification scoring policy element or when an adult in custody’s Violence Predictor Score has expired.

(2) Custody Classification Levels 1- 4: When new information is received that affects the adult in custody’s custody classification level, the adult in custody’s assigned counselor will review the classification action for accuracy and forward it to the Correctional Rehabilitation Manager for approval.

(a) No classification action is official until the Correctional Rehabilitation Manager or designee approves the classification action.

(b) Final approval for any override of one step will be made by the Intake Manager, Correctional Rehabilitation Manager or their designee and shall be documented on the classification override comment screen describing the override reason.

(c) Overrides of more than a single step are not official until approved by the Intake Manager or institution Correctional Rehabilitation Manager or their designee, and the Classification Manager or designee.

(d) An adult in custody may request a copy of their official classification action.

(e) All official classification actions are recorded in the Corrections Information System and the records maintained in accordance with the department’s retention schedule.

(f) The Office of Population Management may modify any classification action. In such cases, the affected Department of Corrections facility will be formally notified of the reason(s) for the modification.

(3) Custody Classification Level 5:

(a) No Level 5 (maximum security) adults in custody shall be housed in a general population housing unit.

(b) When an adult in custody’s behavior creates serious management concerns, the classification will be reviewed by the designated institution committee. If the designated institution committee approves a change in the classification, a “Pending IMU” (PIMU) designator will be placed by the institution and a referral will be forwarded to the Special Population Management Committee for review. If the Special Population Management Committee approves an adult in custody’s classification at Level 5, the Office of Population Management will approve the “Intensive Management Unit Level 5” (IMU5) designator and generate a new classification action, which will be scored as custody classification Level 5.

(c) Once an adult in custody is assigned to custody classification Level 5, the automated classification program will maintain the adult in custody’s Level 5 custody classification status until the “Intensive Management Unit Level 5” (IMU5) designator is closed. Upon completion of Intensive Management Unit programming, the designator will be closed using the code of Intensive Management Unit Release (IMUR) and a new classification is generated. The new classification will be scored at custody classification Level 4 for one year.

(d) If an adult in custody releases from custody with an Intensive Management Unit-related designator (PIMU or IMU5) and later returns to the department’s custody, a determination will be made by Special Population Management Committee regarding completion of Intensive Management Unit programming. If the adult in custody is not returned to the Intensive Management Unit, a determination will be made regarding how long they will remain at classification Level 4.

(e) If an adult in custody successfully challenges their Intensive Management Unit placement and related classification Level 5 designation, a new classification action will be completed to determine appropriate classification.

(4) Discretionary Override to Lower Custody: Factors that may cause override to a lower custody classification level can include, but are not limited to:

(a) Low concern of management problems;

(b) Minimal escape threat;

(d) Criminal History less serious than the score;

(e) Mental health status; and

(f) Other factors as determined by professional discretion.

(5) Discretionary Override to Higher Custody: Factors that may cause override to higher custody classification level can include, but are not limited to:

(a) Known management problem;

(b) Escape threat;

(d) Criminal history more serious than the score;

(e) Mental health status;

(f) Security Threat Group activity; and

(g) Other factors as determined by professional discretion.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 15-2026, temporary amend filed 05/26/2026, effective 05/26/2026 through 11/21/2026
DOC 5-2015, f. & cert. ef. 5-21-15
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 11-2014, f. & cert. ef. 5-1-14
DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14
DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06

Or. Admin. R. 291-104-0135 Administrative Review

(1) An adult in custody may request an administrative review of their classification action by completing and submitting the Department of Corrections Request for Administrative Review form (CD1120aD) or Request for Administrative Review of Intensive Management Unit Level 5 Custody form (CD1120aE).

(2) Issues Subject to Administrative Review: Administrative review is available to an adult in custody to contest three aspects of their classification action:

(a) The accuracy of custody classification levels 1–4 scoring;

(b) An upward override of a scored custody classification level initiated by an institution; or

(3) Custody Classification Level 1-4 Accuracy of Scoring:

(a) To obtain an administrative review of the scoring accuracy of a Level 1-4 custody classification, an adult in custody must complete the top portion of a Request for Administrative Review form (CD1120aD) and send the completed form and any supporting documentation to the designated institution committee at the Department of Corrections facility where the adult in custody is currently housed. The institution committee must receive the request within 30 calendar days of the adult in custody receiving a copy of their official classification action. The institution committee should complete its review within 30 days after receiving an adult in custody’s administrative review request.

(b) If an adult in custody is not satisfied with the decision of the designated institution committee, the adult in custody may obtain further review of the custody classification Level 1-4 score by sending another completed Request for Administrative Review form (CD1120aD) and any supporting documentation plus a copy of the designated institution committee's decision to the functional unit manager or designee of the institution where the adult in custody is currently housed. The functional unit manager or designee must receive the review request within 30 calendar days of the designated institution committee's review decision. The functional unit manager or designee should complete their review within 30 days after receiving the adult in custody’s administrative review request. There shall be no further administrative review of a custody classification Level 1-4 score.

(c) Requests for review of a custody classification Level 1-4 in which an adult in custody is requesting downward override of a custody classification action must be submitted to the designated institution committee at the institution where the person is currently housed. Review procedures are listed in (a) and (b) above.

(d) An adult in custody engaged in the intake process may not submit a request for review of their custody classification score until they are no longer housed at the Intake Center.

(4) Override of a Scored Custody Classification Level 1-4: To obtain an administrative review of classification that has been overridden upward at the institution level, an adult in custody must complete the bottom portion of a Request for Administrative Review form (CD1120aD) and send the completed form and any supporting documentation to the Classification Manager. The Classification Manager must receive the review request within 30 calendar days of the classification action approval date. The Classification Manager should complete the review within 30 days after receiving an adult in custody’s review request. There shall be no further administrative review of an override decision.

(5) Custody Classification Level Five:

(a) To obtain an administrative review of a Level 5 custody classification, an adult in custody must complete a Request for Administrative Review form (CD1120aD) and send it to the Classification Manager. The request for review by the adult in custody shall include any supporting documentation to be considered in reviewing the appropriateness of the Level 5 custody classification.

(b) If an adult in custody has been assigned to the Intensive Management Unit, the matter shall be reviewed only once while the adult in custody is completing Intensive Management Unit programming or Intensive Management Unit Diversion in the Behavioral Health Unit.

(c) If an adult in custody has been assigned to the Intensive Management Unit or Intensive Management Unit Diversion in the Behavioral Health Unit and retained at custody classification Level 5 due to serious management concerns, the adult in custody will be provided a packet containing a Request for Administrative Review of Retention at Custody Classification Level 5 form (CD1120aE). An adult in custody may request further review of the Level 5 custody classification once annually.

(d) It is the role of the Classification Manager to review whether the adjudicated misconduct or documented behavior that caused referral to the Intensive Management Unit (custody classification Level 5) as stated in the referral documents justifies the custody classification Level 5. It is not the role of the Classification Manager to determine the accuracy of documented misconduct. To request review of an adjudicated misconduct, an adult in custody may write to the Office of the Inspector General.

(6) A copy of administrative review decisions will be provided to the adult in custody and retained in the adult in custody’s institution file.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 5-2015, f. & cert. ef. 5-21-15
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 11-2014, f. & cert. ef. 5-1-14
DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14
DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06

Or. Admin. R. 291-104-0140 Custody Classification Level Quality Assurance Review

(1) The Classification Manager is responsible for reviewing the Department of Corrections facility classification procedures and decisions.

(2) Routine reviews shall be completed for custody classification Level 1 and 2 placements and review of individual classification actions at each Department of Corrections facility. Such reviews shall be conducted to ensure:

(a) The policies and procedures set forth in this rule are followed; and

(b) The actions taken by the Department of Corrections facility are adequately documented.

(3) Findings inconsistent with rule and established procedures shall be documented and reported to the appropriate functional unit manager or the Institution Administrator(s) for corrective action.

(4) The Classification Manager is responsible to review the last classification action for any adult in custody who is involved in an escape or escape attempt from a Department of Corrections facility and to submit a report to the Assistant Director of Operations and Eastside and Westside Institution Administrators.

(5) The Classification Manager is responsible to review all classification actions for any adult in custody who dies in the Department of Corrections custody, when the Department of Justice requests an internal death review, and to submit a report to the Office of Population Management Administrator.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 24-2026, amend filed 07/29/2026, effective 08/01/2026
DOC 5-2015, f. & cert. ef. 5-21-15
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 11-2014, f. & cert. ef. 5-1-14
DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14
DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08

Division 105 PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS

Or. Admin. R. 291-105-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.068, 421.180, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to define the rules of conduct governing adults in custody and outline the procedures to be followed in processing disciplinary action(s).

(3) Policy:

(a) It is the policy of the Department of Corrections to hold adults in custody accountable for misconduct while incarcerated, and to promote and reinforce pro-social behavior by adults in custody, through a system of disciplinary rules and procedures that embrace the Oregon Accountability Model and Correctional Case Management.

(b) Adults in custody under Department of Corrections supervision shall be disciplined for violation of specified rules of prohibited conduct in accordance with the procedures set forth in these rules. The primary objectives of these rules are:

(A) To provide for the safe, secure, orderly, and efficient management of Department of Corrections facilities, the safety and security of department employees, the public, adults in custody, and property of the Department of Corrections;

(B) To establish norms of acceptable conduct and consistent and fair procedures for the processing of misconduct reports for adults in custody;

(C) To allow a range of appropriate disciplinary sanctions for violation of the rules of prohibited conduct for adults in custody; and

(D) To encourage positive behavioral change.

(c) To promote these objectives, adults in custody found in violation of the rules of prohibited conduct are issued individualized sanctions based upon the totality of the circumstances (including input from stakeholders, and the adult in custody’s behavior, strengths, and needs, subject to modification upon order of the Hearings Officer and functional unit manager or designee.

(d) The department intends that the authorization in OAR 291-105-0100 to withdraw an order and direct the disciplinary hearing to be reopened applies retroactively to disciplinary orders issued on, before, or after these rules.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 11-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79
CD 7-1979, f. & ef. 3-14-79

Or. Admin. R. 291-105-0010 Definitions

(1) Adjudicate: To determine the disposition of a misconduct report.

(2) Adjudicator: The assigned employee within the facility responsible for the disposition of all informal hearings and minor misconduct reports that are to be adjudicated without a formal hearing.

(3) Adult in Custody (AIC): A person incarcerated or detained in a correctional facility who is accused of, convicted of, or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision, or a diversion program. For the purposes of these rules, AIC includes individuals who are in the legal custody of the Department of Corrections but are temporarily outside of the physical custody of the Department of Corrections for reasons that include, but are not limited to, transport, court proceeding, medical appointments, work assignment, programs, or interstate compact. AIC also includes those who have been released onto Short-Term Transitional Leave, Non-Prison leave, or emergency leave.

(4) Attempt: Conduct that constitutes a substantial step towards the commission of a rule violation.

(5) Calendar Day: All weekdays, weekends, and holidays.

(6) Conduct Order: An Oregon Department of Corrections form that allows for various interventions to affect positive behavioral change, and without the need for a disciplinary hearing, in accordance with OAR 291-105-0021(1). Restriction of an AIC’s privileges through a conduct order can be for no more than 72 hours.

(7) Conspiracy: An agreement between an AIC and one or more persons to engage in, cause, or conceal a rule violation.

(8) Contraband: Any article or thing that an AIC is prohibited by statute, rule, or order from obtaining or possessing, that the AIC is not specifically authorized to obtain or possess, or that the AIC alters without authorization.

(9) Controlled Substance: A drug or its precursor as listed in ORS 475.005 through 475.999.

(10) Dangerous or Deadly Weapon: Any instrument, article, or substance specifically designed for or readily capable of causing death or serious physical injury.

(11) Deadly Force: Physical force that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(12) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(13) Digital Currency: Any currency or stored value (including cryptocurrency) commonly held by a financial institution, payment service, or digital wallet, and that may be transferred to another person by electronic or other means. Payment services or digital wallets include but are not limited to; CashApp, Venmo, Paypal, and Zelle. Digital currency excludes funds maintained by ODOC in an AIC trust account)

(14) Disciplinary Segregation Unit (DSU): A housing unit or program status which separates the AIC from the general population of the facility.

(15) Distribution: The transfer of contraband from one person to another. This term includes smuggling or the deliberate destruction of evidence.

(16) Drugs: Any controlled substance as listed in ORS 475.005 through 475.999.

(17) Drug Paraphernalia: Any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substances or intoxicants. This includes but is not limited to pipes, bongs, roach clips, miniature spoons, various types of pipes, and syringes.

(18) Electronic Communication Device: A device designed to be used for or is readily capable of being used for making or receiving wireless communication transmissions.

(19) Employee: Any person who is employed full time, part time, or under temporary employment by the Department of Corrections or Oregon Corrections Enterprises.

(20) Escape Device: Any item designed for, physically altered for, or readily capable of being used to facilitate an escape from a secure housing unit, a facility, or from custody.

(21) Facility: Any institution, facility, or employee office, including the grounds, that an AIC under the supervision of the Department of Corrections is assigned.

(22) Fine: A monetary sanction imposed in accordance with these rules (OAR 291-105.) AIC fines shall be deposited as established under ORS 421.068 as confiscated funds.

(23) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(24) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, the Deputy Director, an Assistant Director, or an administrator, and has responsibility for delivery of program services or coordination of program operations. In a correctional setting the functional unit manager is the Superintendent.

(25) Good Cause: Adequate or substantial grounds or reason to take (or not take) an action prescribed by law. What constitutes good cause is usually determined on a case-by-case basis and is thus relative.

(26) Hearings Officer: A DOC employee assigned to review and adjudicate misconduct reports through a formal hearing.

(27) Intoxicant: Any substance, including but not limited to, unauthorized medication, alcoholic beverages, and inhalants, which causes a disturbance of mental or physical capacity resulting from the introduction of the substance in the body.

(28) Lesser Included Violation: Any violation which is a lesser degree of the charged violation (for example, AIC Assault III is a lesser included violation of AIC Assault II.)

(29) Local Jail: Any city or county lock‑up or local correctional facility.

(30) Loss of Privilege (LOP): A sanction that restricts an AICs access to privileged activities. Privileged activities may include, but are not limited to, canteen, recreation yard, dayroom, telephone, tablet, and kiosk.

(31) Money: Cash, money orders, personal checks, warrants, certified checks, and other remittances.

(32) Non-Employee Service Provider (NSP): An individual who provides services or programs to the Department or to AICs, including an individual who provides services or programs remotely, but not as a paid employee of the Department. Examples of non-employee service providers include contractors, volunteers, mentors, criminal justice partners, and government agency partners.

(33) Non-Prison Leave: A period of leave preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program. Non-Prison Leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751, ORS 421.508, ORS 421.510 and the Department’s rule on Alternative Incarceration Programs (OAR 291-062).

(34) Officer-in-Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or Officer-of-the-day are not readily available.

(35) Order: Any direction given to an AIC that directs or forbids the doing of some act over which the AIC has control. An order may be written, verbal, or gestured communication (including all Department of Corrections rules; functional unit rules, and procedures; all federal, state, and local laws; conditions of leave; and court-ordered terms and conditions).

(36) Oregon Corrections Enterprises (OCE): A semi-independent state agency established under ORS 421.344 that is a non-Department of Corrections agency or division. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(37) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, electronic devices, firearms, or other physical methods used to restrain, subdue, control, or intimidate another person, or to compel another person to act in a particular way or to stop acting in a particular way.

(38) Physical Injury: Impairment of physical condition or substantial pain. An impairment of physical condition can include, but is not limited to, an abrasion, scrape, scratch, bruise, contusion, or swelling.

(39) Possession: To have physical possession of or otherwise exercise dominion or control over property.

(40) Public Safety Officer: Corrections officers, emergency medical dispatchers, emergency medical technicians, firefighters, parole and probation officers, police officers, certified reserve officers, reserve officers, telecommunicators, and regulatory specialists.

(41) Restitution: A monetary amount ordered in accordance with these rules (OAR 291-105). Restitution funds will be credited to the institution or program suffering fiduciary loss or cost from the AIC misconduct and shall be the actual cost incurred.

(42) Security Device: Any fixture, device, or tool, the purpose of which is to assist with safety or security.

(43) Security Threat Activity: AIC behavior that poses a significant threat to the safe and secure operation of a facility.

(44) Security Threat Group (STG): Any group of two or more individuals who:

(a) Have a common name, identifying symbol, or characteristic, which serves to distinguish themselves from others; and

(b) Have members, affiliates, or associates who individually or collectively engage, or have engaged, in a pattern of illicit activity or acts of misconduct that violate Department of Corrections rules; and

(c) Have the potential to act in concert to present a threat, or potential threat, to employees, non-employee service providers, public, visitors, AICs, or the secure and orderly operation of the institution.

(45) Serious Physical Injury: Injury that creates a substantial risk of death, causes protracted disfigurement, impairment of health, loss or impairment of any bodily organ function, or death.

(46) Sexual Activity: Sexual contact includes, but is not limited to: contact between the penis and the vulva or the penis and the anus, including penetration, however slight; contact between the mouth and the penis, vulva, or anus; penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person or of oneself, in a manner likely to cause abuse, humiliation, harassment, or degradation to another person, or to cause sexual arousal, gratification, or desire excluding contact incidental to a physical altercation; and any other intentional touching to include kissing and fondling.

(47) Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature directed toward another, including, but not limited to, demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

(48) Short-Term Transitional Leave: A period of leave preceding an established release date granted in accordance with ORS 421.168 and the Department’s rule on Short-Term Transitional Leave and Emergency Leaves (OAR 291-063) to AICs for transitional opportunities that promote successful reintegration into the community.

(49) Working Day: Monday through Friday, excluding Saturday, Sunday, or legal holidays.

(50) Working File: Those documents maintained in a Department of Corrections facility, Community Corrections office, or functional unit for administrative, operational, or case management purposes.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030, 423.075 & 475.005
DOC 24-2024, amend filed 10/22/2024, effective 10/22/2024
DOC 8-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 8-2022, amend filed 09/06/2022, effective 09/06/2022
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 14-2018, amend filed 06/07/2018, effective 06/07/2018
DOC 2-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & ef. 10-2-87
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79
CD 7-1979, f. & ef. 3-14-79

Or. Admin. R. 291-105-0013 AIC Access to the Rules of Prohibited Conduct

During the admission and orientation process, AICs will be provided with the Rules of Misconduct (291-105-0015) and Rights in Formal and Informal Hearings (291-105-0056). Spanish‑speaking AICs will receive copies in Spanish; other AICs with a language barrier will receive assistance from an individual who speaks their language. AICs with a visual, speech, or hearing disability shall be provided with assistance appropriate to the degree of their disability. In addition, OAR 291‑105 will be available for review in the legal library or general library of each facility. Copies also may be obtained in accordance with DOC rule 291-037 Release of Public Records, or from the library coordinator upon request at the AIC’s expense in accordance with DOC rule 291-139 Legal Affairs.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86

Or. Admin. R. 291-105-0015 Rules of Misconduct

(1) Violations Involving Property

(a) 1.01 Arson: An AIC commits arson when that AIC starts an unauthorized fire or causes an explosion.

(b) 1.05 Property I: An AIC commits Property I when that AIC, except as authorized by an employee, destroys, abuses, alters, damages, defaces, misuses, tampers with, or wastes materials or property, or fails to properly protect or produce issued property in a timely manner; and:

(A) 1.05.01 The state-owned or employee-owned property involved exceeds $100 in value; or

(B) 1.05.02 The misconduct involves the functioning of a security device; or

(D) 1.05.04 The misconduct includes possession of an unauthorized or altered blade, such as a razor blade or pencil sharpener; or

(E) 1.05.05 The property involved exceeds $100 in value, is not state-owned property, and is owned by or belongs to any person or agency that provides services to the state.

(c) 1.06 Property II (minor violation): An AIC commits Property II when that AIC, except as authorized by an employee, destroys, alters, abuses, damages, defaces, misuses, tampers with, or wastes materials or property, or fails to properly protect or produce issued property in a timely manner.

(d) 1.10 Contraband I: An AIC commits Contraband I when that AIC:

(A) 1.10.01 Possesses any intoxicant or is intoxicated; or

(B) 1.10.02 Possesses any drug paraphernalia; or

(C) 1.10.03 Has gone through any authorized screening process such as urinalysis, breathalyzer, oral swabs, etc. and has been found to have any controlled substance or intoxicant in urine, blood, or other body parts; or

(D) 1.10.04 Fails to provide or refuses to submit an acceptable sample for testing or submits an unacceptable sample for testing; or

(E) 1.10.05 Alters, substitutes, contaminates, or destroys a urine sample; or

(F) 1.10.06 Possesses money in the amount of $10 or more (this excludes trust account funds); or

(G) 1.10.07 Possesses illegitimately obtained items or trust account funds valuing $100 or more.

(e) 1.11 Contraband II: An AIC commits Contraband II when that AIC possesses contraband, including that listed in Contraband I and Contraband III, that creates a threat to the safety, security, or orderly operation of a facility, including but not limited to:

(A) 1.11.01 Tobacco or smoking paraphernalia, unauthorized medication, items of barter, checks, money under $10, or unauthorized sexually explicit material; or

(B) 1.11.02 Items that were obtained by threats of or actual theft, forgery, or coercion.

(f) 1.12 Contraband III (minor violation): An AIC commits Contraband III when that AIC possesses contraband, including that listed in Contraband I and Contraband II, or un-cancelled stamps, expired self-medication, legal material belonging to another AIC, or property in excess of that authorized.

(g) 1.14 Unauthorized Transfer of Digital Currency: An AIC commits Unauthorized Transfer of Digital Currency when that AIC, directly or through a third party, transfers digital currency to another for the benefit of any AIC. This rule does not apply to funds maintained by DOC in an AIC trust account or to a transfer that has been previously authorized by the functional unit manager or designee.

(h) 1.15 Drug Possession: An AIC commits Drug Possession when that AIC possesses a controlled substance.

(i) 1.20 Possession of Body Modification Paraphernalia: An AIC commits Possession of Body Modification Paraphernalia when that AIC possesses items capable of being used in body modification, including but not limited to, motors, needles, and ink.

(j) 1.25 Unauthorized Use of Information Systems I: An AIC commits Unauthorized Use of Information Systems I when that AIC operates or uses any information system equipment (including terminals, personal computers, tablet computers, minicomputers, workstations, controllers, printers, copiers, fax machines, or phones) if the usage exceeds the conditions of use or access granted by the Director, functional unit manager, or designee in the following manner:

(A) 1.25.01 To send, receive, or read messages or e-mails, access the Internet, or access any employee-only programs or computer systems; or

(B) 1.25.02 To conduct illegitimate business activity; or

(k) 1.26 Unauthorized Use of Information Systems II: An AIC commits Unauthorized Use of Information Systems II when that AIC operates or uses any information system equipment (including terminals, personal computers, tablet computers, minicomputers, workstations, controllers, printers, copiers, fax machines, or phones) if the usage exceeds the conditions of use or access granted by the Director, functional unit manager, or designee in the following manner:

(A) 1.26.01 To prepare a letter or other unauthorized document; or

(B) 1.26.02 To make copies, view video, or listen to audio files for personal use; or

(C) 1.26.03 To use the phone, Video Interactive Phone system, or any incentive level electronic device in excess of, or outside, the parameters permitted under the department’s rules.

(2) Violations Against Persons

(a) 2.01 Staff Assault I: An AIC commits Staff Assault I when that AIC:

(A) 2.01.01 Causes physical injury to or commits a physical attack on an employee, public safety officer, or non-employee service provider in a manner that has potential to cause physical injury; or

(B) 2.01.02 Causes bodily fluids (human or animal) to come in contact with an employee, public safety officer, or non-employee service provider; or

(C) 2.01.03 Commits a physical attack on an employee, visitor, public safety officer, or non-employee service provider and uses a dangerous or deadly weapon; or

(D) 2.01.04 Harms or endangers the well-being of an animal in the care and custody of DOC or used to conduct DOC affairs; or

(E) 2.01.05 Refuses to stop any assaultive behavior after being ordered to do so, which necessitates an employee to use physical force to stop the behavior and which results in employee injury.

(b) 2.02 Staff Assault II: An AIC commits Staff Assault II when that AIC commits a physical attack on an employee, public safety officer, non-employee service provider, or animal in the care and custody of DOC.

(c) 2.03 Assault of a Member of the Public: An AIC commits Assault of a Member of the Public when that AIC commits a physical attack, endangers the well-being of, or causes bodily fluids (human or animal) to come into contact with any person or animal who is not an employee, a non-employee service provider, AIC in the care and custody of DOC, or an animal in the care and custody of DOC.

(d) 2.05 AIC Assault I: An AIC commits AIC Assault I when that AIC:

(A) 2.05.01 Causes serious physical injury to another AIC or causes injury to another AIC that requires transporting the AIC to an outside agency for medical care; or

(B) 2.05.02 Causes physical injury to another AIC and uses a dangerous or deadly weapon; or

(C) 2.05.03 Commits a unilateral attack in a location or under circumstances that create a threat to the safety, security, or orderly operation of a facility; or

(D) 2.05.04 Refuses to stop assaultive behavior after being ordered to do so which necessitates an employee to use physical force to stop the assaultive behavior; or

(E) 2.05.05 Causes bodily fluids (human or animal) to come into contact with another AIC; or

(F) 2.05.06 Engages in assaultive behavior acting in concert with one or more AIC(s).

(e) 2.06 AIC Assault II: An AIC commits AIC Assault II when that AIC:

(A) 2.06.01 Commits a unilateral attack or is involved in a mutual fight that causes physical injury to another AIC; or

(B) 2.06.02 Is involved in a mutual fight in a location or under circumstances that create a threat to the safety, security, or orderly operation of a facility.

(f) 2.07 AIC Assault III: An AIC commits AIC Assault III when that AIC commits a unilateral attack or is involved in a mutual fight with another AIC.

(g) 2.10 Disrespect I: An AIC commits Disrespect I when that AIC directs hostile, sexual, abusive, or threatening language or gestures (verbal or written) toward or about another person that involves racial, religious, or sexual harassment or a physical threat to the other person.

(h) 2.11 Disrespect II: An AIC commits Disrespect II when that AIC directs hostile, sexual, abusive, or threatening language or gestures (verbal or written) toward or about another person, in a manner or circumstances that create a threat to the safety, security, or orderly operation of a facility.

(i) 2.12 Disrespect III (minor violation): An AIC commits Disrespect III when that AIC directs hostile, sexual, abusive, or threatening language or gestures (verbal or written) toward or about another person.

(j) 2.15 Extortion I: An AIC commits Extortion I when that AIC compels or induces any person, who is not an AIC, to act or refrain from acting, by threats, force, or intimidation.

(k) 2.16 Extortion II: An AIC commits Extortion II when that AIC:

(A) 2.16.01 Compels or induces another AIC to act or refrain from acting by threats, force, or intimidation; or

(B) 2.16.02 Compels or induces an employee to act, to refrain from acting, or to refrain from performing a job duty through use of demands.

(l) 2.20 Sexual Assault/Abuse: An AIC commits Sexual Assault/Abuse when that AIC engages in sexual activity and the victim does not consent, is unable to consent or refuse consent, or is coerced into such activity by expressed or implied threats of violence.

(m) 2.25 Sexual Harassment: An AIC commits Sexual Harassment when that AIC:

(A) 2.25.01 Makes repeated and unwelcomed sexual advances or requests for sexual favors, or

(B) 2.25.02 Makes repeated and unwelcomed verbal comments, gestures, or actions of a derogatory or offensive sexual nature, directed toward or about another, including demeaning references to gender; or

(C) 2.25.03 Makes repeated and unwelcomed sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

(n) 2.30 Non-Assaultive Sexual Activity: An AIC commits Non‑Assaultive Sexual Activity when that AIC solicits or engages in sexual activity and the sexual activity is conducted without violence, threat of violence, coercion, or use of a weapon.

(o) 2.40 Hostage Taking: An AIC commits Hostage Taking when that AIC seizes, holds, or otherwise significantly deprives the liberty of another person.

(p) 2.45 Body Modification: An AIC commits body modification when that AIC alters or allows any person to be altered by tattooing, piercing, puncturing, scarring, etc., including modifying or perpetuating any previous modification.

(3) Violations Involving Fraud or Deception

(a) 3.01 False Information to Employees I: An AIC commits False Information to Employees I when that AIC presents or causes the presentation of false or misleading information to an employee or non-employee service provider that creates a threat to the safety, security, or orderly operation of a facility. False or misleading information shall include gestures, verbal, or written communications.

(b) 3.02 False Information to Employees II (minor violation): An AIC commits False Information to Employees II when that AIC presents or causes the presentation of false or misleading information to an employee or non-employee service provider. False or misleading information includes gestures, verbal, or written communications.

(c) 3.05 Forgery: An AIC commits Forgery when that AIC falsely makes, completes, alters, or presents a written instrument.

(d) 3.10 Gambling: An AIC commits Gambling when that AIC wagers anything of value in games of chance, possesses paraphernalia associated with gambling, or possesses the proceeds of gambling activity.

(e) 3.15 Fraud: An AIC commits fraud when that AIC deceives another person or business in order to obtain money, property, or something of value.

(4) Violations Against the Orderly Operation of the Department or a Facility:

(a) 4.01 Disobedience of an Order I: An AIC commits Disobedience of an Order I when that AIC overtly refuses to promptly or in a timely manner comply with a valid order, which creates a threat to the safety, security, or orderly operation of a facility.

(b) 4.02 Disobedience of an Order II: An AIC commits Disobedience of an Order II when that AIC fails to comply with a valid order, which creates a threat to the safety, security, or orderly operation of a facility.

(c) 4.03 Disobedience of an Order III (minor violation): An AIC commits Disobedience of an Order III when that AIC fails to comply with a valid order.

(d) 4.04 Leave Violation: An AIC commits a Leave Violation when that AIC:

(A) 4.04.01 Refuses or fails to follow a valid order or condition of Short-Term Transitional Leave.

(B) 4.04.02 Refuses or fails to follow a valid order or condition of Non-Prison Leave.

(e) 4.05 Disturbance: An AIC commits a Disturbance when that AIC advocates, incites, creates, engages in, maintains, or promotes a situation characterized by unruly, noisy, or violent conduct, or unauthorized group activity, which disrupts the orderly administration of or poses a direct threat to the security of a facility, facility programs, or the safety of an employee or another person.

(f) 4.10 Distribution I: An AIC commits Distribution I when that AIC:

(A) 4.10.01 Distributes or receives any controlled substance, intoxicant, drug paraphernalia, or money in the amount of $10 or more (not including funds maintained by DOC in an AIC trust account); or

(B) 4.10.02 Possesses any controlled substance, intoxicant, drug paraphernalia, or money in the amount of $10 or more (not including funds maintained by DOC in an AIC trust account), which have been packaged for distribution.

(g) 4.11 Distribution II: An AIC commits Distribution II when that AIC:

(A) 4.11.01 Distributes or receives contraband that creates a threat to the safety, security, and orderly operation of a facility; or

(B) 4.11.02 Possesses contraband that has been packaged for distribution and that creates a threat to the safety, security, and orderly operation of a facility; or

(h) 4.15 Compromising an Employee: An AIC commits Compromising an Employee when that AIC knowingly engages an employee, public safety officer, non-employee service provider, or any person involved in DOC programs or activities in a personal relationship or business transaction, excluding AICs or visitors approved under DOC visiting rules.

(i) 4.20 Escape I: An AIC commits Escape I when that AIC departs without authorization from:

(A) 4.20.01 Within the security perimeter of a facility; or

(B) 4.20.02 The immediate control of an employee or public safety officer while in secure physical custody and outside a secure facility perimeter; or

(j) 4.21 Escape II: An AIC commits Escape II when that AIC departs without authorization from:

(A) 4.21.01 The grounds of a facility without a secure perimeter; or

(B) 4.21.02 The direct supervision of personnel authorized to supervise AICs while outside a facility secure perimeter; or

(C) 4.21.03 Short-Term Transitional Leave or Non-Prison Leave and a warrant or an order for arrest and return of the AIC has been issued.

(k) 4.25 Possession of an Escape Device: An AIC commits Possession of an Escape Device when that AIC possesses any item specifically designed for, physically altered for, or readily capable of being used to facilitate an escape from a facility or from custody.

(l) 4.30 Possession of a Weapon: An AIC commits Possession of a Weapon when that AIC possesses an instrument, article, or substance specifically designed for, physically altered for, or readily capable of causing death or serious physical injury to a person or animal.

(m) 4.33 Possession of an Electronic Device: An AIC commits Possession of an Electronic Device when that AIC possesses an unauthorized electronic communication device.

(n) 4.35 Racketeering: An AIC commits Racketeering when that AIC engages in illicit activity that is carried out for the purpose of personal or financial gain through unlawful acts.

(o) 4.40 Unauthorized Area I: An AIC commits Unauthorized Area I when that AIC fails to be present in any location designated by assignment, programmed activity, call out, or employee or non-employee service provider directive (or is in any location not designated by assignment, programmed activity, call out, or employee or non-employee service provider directive) that creates a threat to the safety, security, or orderly operation of a facility.

(p) 4.41 Unauthorized Area II (minor violation): An AIC commits Unauthorized Area II when that AIC fails to be present in any location designated by assignment, programmed activity, call out, or employee or non-employee service provider directive (or is in any location not designated by assignment, programmed activity, call out, or employee or non-employee service provider directive).

(q) 4.45 Unauthorized Organization I: An AIC commits Unauthorized Organization I when that AIC is part of a group of two or more persons (whether formal or informal), who collectively, or in concert, create or actively promote, recruit, participate in, or is involved in security threat activity.

(r) 4.46 Unauthorized Organization II: An AIC commits Unauthorized Organization II when that AIC:

(A) 4.46.01 Supports, displays, or endorses through verbal, visual, or written acts or communication any club, association, or organization that is a security threat group; or

(B) 4.46.02 Engages in a petition drive without specific authorization from the functional unit manager.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 8-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 8-2022, amend filed 09/06/2022, effective 09/06/2022
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 9-2009, f. 6-24-09, cert. ef. 7-1-09
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-14-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & ef. 10-2-87
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80, Renumbered from 291-040-0050
CD 19-1979(Temp), f. & ef. 10-19-79, Renumbered from 291-040-0050
CD 7-1979, f. & ef. 3-14-79
CD 36, f. 11-5-76, ef. 11-15-76
CD 34(Temp), f. & ef. 7-19-76
CD 33, f. 6-16-76, ef. 7-1-76
CD 12(Temp), f. & ef. 10-20-72 thru 2-16-73
CD 11(Temp), f. & ef. 10-20-72 thru 2-16-73
CD 8(Temp), f. & ef. 10-20-72 thru 2-16-73

Or. Admin. R. 291-105-0021 Procedures for Handling Misconduct by AICs

(1) Corrective Action: Employees shall be expected to use less formal procedures if the act or acts of misconduct do not constitute an immediate and continued threat to life, health, facility security, employee authority, or serious property damage or destruction, and in a manner that promotes and embraces the Oregon Accountability Model. Less formal corrective action may include: a reprimand, a warning, counseling, a conduct order, or as otherwise authorized by the functional unit manager, Officer-in-Charge, or designee.

(a) Employees issuing a conduct order shall promptly complete the conduct order and forward it to the Officer-in-Charge or designee for review.

(b) The Officer-in-Charge or designee shall review and approve, cancel, or modify the conduct order as soon as practicable or within four hours of it being issued. If the Officer-in-Charge or designee determines that the incident warrants a misconduct report rather than a conduct order, the Officer-in-Charge or designee will ensure the conduct order is cancelled and a misconduct report submitted. If the Officer-in-Charge or designee determines a conduct order is necessary to immediately address safety and security concerns, and a misconduct report is warranted, the misconduct report shall reflect the reason(s) for issuing both a conduct order and a misconduct report.

(c) The AIC shall be notified a conduct order is being issued as soon as practicable. A copy of the conduct order shall be delivered to the AIC as soon as practicable or within four hours of it being approved, cancelled, or modified.

(2) Misconduct Reports:

(a) When the behavior justifies submission of a misconduct report, the employee shall legibly print, sign, and file a misconduct report with an immediate supervisor or the Officer‑in‑Charge, no later than 24 hours after sufficient evidence or information is gathered, discovered, or observed to support a rule violation. Determination of the sufficiency of evidence shall be a matter of judgment for the employee submitting the report and the immediate supervisor reviewing the report. The misconduct report will reflect the reason(s) for delay of submission if submitted after the 24-hour period.

(b) The reviewing supervisor will ensure the report is accurate, appropriate, and supported by sufficient information. If not supported or appropriate, the reviewing supervisor will refer the report back to the author for additional investigation or for less formal action. The report will have a printed, legible name and signature of the author and reviewing supervisor. The reviewing supervisor or designee shall be responsible for providing the AIC with a legible copy of the misconduct report, Rules of Misconduct (291-105-0015), and the Notice of Hearing and Rights within 24 hours of the filing of the report, unless the AIC is unavailable to be served. If the report is not served to the AIC within 24 hours, the reviewing supervisor or designee shall notify the Hearings Unit of the reason for delay, which will be made part of the record.

(c) The AIC will be allowed 24 hours, after being served the misconduct report, before a hearing is conducted to prepare a defense unless the AIC waives this right.

(d) The misconduct report shall be submitted to the Hearings Unit on an approved Department of Corrections form and shall be as specific and comprehensive as possible. Upon receipt of the misconduct report, the Hearings Unit shall note the date received on the form.

(A) The misconduct report shall include a description of any unusual or relevant AIC behavior and information regarding how the employee became aware of the behavior. The report shall identify all discovered information related to the incident (including video, memos, etc.). The misconduct report must contain sufficient and complete facts to support the alleged rule violation(s), including a description of what the restitution is for and the amount of restitution to be ordered, if applicable. The misconduct report must contain sufficient information to allow the AIC to prepare a defense.

(B) Attempt or Conspiracy: If an AIC attempts to commit or enters into a conspiracy to commit an act of prohibited conduct, it shall be considered the same as if the AIC had completed or accomplished the prohibited act.

(e) The misconduct report must specifically allege all the rule violations the AIC is alleged to have violated and demonstrate conduct constituting an attempt or conspiracy.

(f) Reports from all employee and non-employee service provider witnesses shall also be submitted.

(g) When the alleged misconduct occurs while the AIC is in the temporary physical custody of a jurisdiction other than the Department of Corrections, employees from that jurisdiction may provide a written description of the misconduct to the Officer-in-Charge:

(A) On review of such written information, the Officer-in-Charge at the facility receiving the AIC back into the physical custody of the department may determine that the described action violates a rule or rules of prohibited conduct and direct that an employee submit a conduct order, misconduct report, or both.

(B) The written description provided by the temporary custody jurisdiction shall accompany the misconduct report. A misconduct report shall not be submitted absent a written description of the allegation from the temporary physical custody jurisdiction.

(C) If it is determined that the other jurisdiction maintained the AIC in a similarly restrictive status, the AIC shall receive credit for the number of days held in segregation-type status by the other jurisdiction.

(3) Placement on Disciplinary Segregation Status: An AIC charged with committing a rule violation may be placed on disciplinary segregation status pending resolution of the charge through a formal hearing. This action will be taken when the functional unit manager or designee or the Officer‑in-Charge determines that the alleged rule violation(s) are of such seriousness that the safety and security of a facility is at risk and requires immediate removal of the AIC from the general population or determines that the AIC is a threat to the community, or determines that the AIC is likely to escape or abscond.

(a) If disciplinary segregation status is ordered, the Officer‑in‑Charge must document specifying the reason(s) why immediate disciplinary segregation of the AIC was deemed necessary.

(b) A completed copy of the Department of Corrections misconduct report will be forwarded to the functional unit manager or designee who will review the AIC’s pre‑hearing disciplinary segregation placement within 72 hours of the AIC’s placement on disciplinary segregation status. If approved, the functional unit manager or designee will initial the report. If the AIC is temporarily confined in a local jail while on Short‑Term Transitional Leave, Non-Prison Leave, or Emergency Leave, the functional unit manager or designee will be notified for review of the AIC’s status, within 72 hours of the AIC’s confinement or as soon as practicable after the AIC’s confinement.

(4) Scheduling a Hearing:

(a) An AIC charged with a rule violation through a misconduct report shall be scheduled for a hearing as soon as practicable.

(b) If the AIC is transferred to another facility before the hearing is complete, the misconduct report shall be forwarded to the other facility for processing.

(5) Initiating a Hearing: A hearing will be considered initiated when the misconduct report has been received by the Hearings Unit, numbered, and scheduled.

(a) A hearing shall be initiated and conducted within 10 calendar days if the AIC is placed on disciplinary segregation status pending a formal hearing. For significant delays, the reasons for the delay shall be made part of the hearing record.

(b) All other hearings shall be initiated and conducted as soon as practicable. For significant delays, reasons for longer timeframes shall be made part of the hearing record.

(c) When an AIC charged with violating any level I rule, Escape II, Short-Term Transitional Leave, or Non-Prison Leave is released from custody prior to a hearing being held, a hearing will be initiated as soon as practicable upon return to DOC custody.

(d) The hearing may be postponed or continued for a reasonable period for good cause as provided in OAR 291‑105‑0064. The reason(s) for the postponement or continuance shall be made part of the record.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & ef. 10-2-87
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0026 Hearings Officers Responsibilities

(1) Unless waived by the AIC, a formal hearing shall be conducted by the Hearings Officer on all misconduct reports charging a major rule violation(s) and included minor violation(s), and on all misconduct reports charging a minor rule violation(s) for which an AIC requests a formal hearing. Requests for a formal hearing for a misconduct report charging a minor rule violation(s) should be submitted to the adjudicator in writing in advance of the informal hearing or made verbally prior to the start of the informal hearing at the latest.

(2) Prior to the formal hearing, the Hearings Officer shall review the misconduct report alleging major rule violation(s). If there is no prima facie case for a major rule violation, the Hearings Officer may dismiss the major violation(s) and refer the minor violations back to the adjudicator for an informal hearing. The Hearings Officer may substitute minor violations as lesser included violations.

(3) The Hearings Officer shall not have been a witness to the event or alleged conduct that gives rise to the misconduct report or have participated in the case as a charging or investigating officer.

(4) The Hearings Officer will conduct the hearing and shall decide, based upon the evidence, whether the AIC has violated the rule(s) as charged in the misconduct report. The Hearings Officer may not add or change the violation(s) in the misconduct report. The Hearings Officer may find for a lesser included violation or refer for less formal disciplinary action.

(5) The Hearings Officer may dismiss any alleged rule violation at any stage of the proceedings, with or without prejudice, stating in writing the reason for the dismissal. Any alleged rule violation dismissed without prejudice or due to insufficient evidence may be resubmitted in another misconduct report utilizing the same process as provided in OAR 291-105-0021(2).

(6) The Hearings Officer or other employees as requested by the Hearings Officer shall report disciplinary actions which involve security threat activity to the facility's Officer-in-Charge or security threat manager and a Suspected Security Threat Intelligence Report (SSTIR) shall be completed.

(7) Behavioral Health Services will be notified when an AIC receives a misconduct report or is placed in disciplinary segregation if that AIC has a mental health concern or intellectual disability that makes the AIC eligible to receive services (coded as MH2, MH3, DD2, or DD3) or if that AIC has engaged in self-harm activity or a suicide attempt.

(a) Behavioral Health Services will then determine whether an evaluation shall be submitted to the Hearings Unit in the institution housing the AIC.

(b) If an evaluation is to be provided, Behavioral Health Services will submit the evaluation to the Hearings Unit within two working days of receiving notification or submit a postponement request to complete the evaluation. Behavioral Health Services will include the timeline for submission of the postponed evaluation.

(c) The Hearings Officer will postpone the hearing, as requested, to ensure that such an evaluation is considered in the case at issue.

(d) The evaluation shall address the following questions:

(A) Did this AIC’s actions constitute an act of self-harm?

(B) Does this AIC have a Serious Mental Illness?

(8) If an evaluation is not provided by Behavioral Health Services prior to the AIC’s hearing, the Hearings Officer may request an evaluation be completed on the AIC prior to disposition of the hearing.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 29-1987, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0028 Conduct of Formal Hearings

(1) Unless waived by the AIC, a formal hearing shall be conducted by the Hearings Officer on all misconduct reports charging any major rule violation and any included minor violation, on all misconduct reports charging a minor rule violation(s) for which an AIC requests a formal hearing, and on all misconduct reports referred by the adjudicator for a formal hearing in accordance with OAR 291-105-0041(6).

(2) The findings must be on the merits. Technical and clerical errors in the writing or processing of the misconduct report should not be grounds for dismissal, unless there is substantial prejudice to the AIC.

(3) Standard of Proof: Rule violation(s) shall be found upon proof by a preponderance of the evidence. The term "preponderance of the evidence" means the greater weight of evidence, not necessarily established by the amount of evidence or number of witnesses, but by that evidence that has the most convincing force.

(4) The Hearings Officer shall consider such evidence as would be considered by a reasonable person in the conduct of their serious affairs.

(5) Once the formal hearing has begun, if the Hearings Officer determines that the violations are not supported by the facts as written in the misconduct report, the Hearings Officer may substitute a lesser included violation or refer back to the author for less formalized discipline.

(6) At the hearing, the AIC will be allowed to exercise rights as allowed in OAR 291-105-0056.

(7) The Hearings Officer may pose questions during the hearing.

(8) An investigation shall be conducted in a formal hearing upon the AIC’s request if the information sought, when viewed in a light most favorable to the AIC, and with all reasonable inferences drawn in the favor of the AIC, would constitute a defense to the charge or substantially mitigate the violation. The information sought must be within the ability of the facility to procure. If a request for investigation is denied, the reason(s) for denial shall be made a part of the record.

(9) Testimony of Witnesses:

(a) The Hearings Officer shall direct the scheduling and taking of testimony of witnesses at the hearing. Witnesses may include AICs, employees, or other persons. Testimony may be taken in person, by telephone, or by written report or statement.

(b) The AIC may request that the Hearings Officer schedule witnesses to present testimony at the hearing. The request should be submitted to the Hearings Officer in writing in advance of the hearing and include a list of all persons the AIC requests be called to testify, and the questions sought to be posed to each person. Requests for witnesses must minimally be made to the Hearings Officer at the time of the hearing. The AIC must provide sufficient evidence for the Hearings Officer to conclude that the results of the testimony provided by witnesses will either constitute a defense to the alleged violation(s) or substantially lessen the severity of the violation(s). The Hearings Officer shall arrange for the taking of testimony from such witnesses as properly requested by the AIC, subject to the exclusions and restrictions provided in these rules. Requests for witnesses made or received after a hearing is decided will not be considered.

(d) The Hearings Officer may limit testimony when it is cumulative or irrelevant.

(e) The Hearings Officer may exclude a specific witness upon finding that the witness' testimony, together with all reasonable inferences to be drawn from that testimony, would not constitute a defense to the charge, would not substantially mitigate the violation, or would not assist the Hearings Officer in the resolution of the disciplinary action. The Hearings Officer may exclude a specific witness upon finding that the appearance of the witness at the hearing would present an immediate undue risk to the safe, secure, or orderly operation of the facility, specifically including the safety and security of employees and AICs. If a witness is excluded, the reason(s) shall be made a part of the record.

(f) The Hearings Officer may call witnesses to testify as deemed necessary.

(g) Persons requested as witnesses, other than employees, may refuse to testify.

(h) All questions that may assist in eliciting evidence that would constitute a defense to the alleged rule violation(s) or substantially mitigate the violation(s) shall be posed. The reason for not posing a question will be made part of the record.

(i) Confidential Informants:

(A) When confidential informant testimony is submitted to the Hearings Officer, the identity of the informant and the verbatim statement of the informant shall be submitted to the Hearings Officer in writing using an approved Department of Corrections form but shall remain confidential in accordance with OAR 291-105-0036(3).

(B) Information must be submitted supporting the informant is a person who can be believed or that the information provided is believable in order for the Hearings Officer to rely on the testimony of the confidential informant.

(10) Documents and Physical Evidence:

(a) An AIC participating in a formal disciplinary hearing may present documents and physical evidence during the hearing, subject to the exclusions and restrictions provided in these rules. Any evidence submitted by the AIC will be added to the record and will not be returned or photocopied for the AIC by the Hearings Officer. In instances where the AIC does not have the ability to procure the evidence (for example, obtaining surveillance video footage), the Hearings Officer may assist.

(b) Any person who is knowledgeable of any rule violation charged in the misconduct report(s) may submit documents and physical evidence in advance of or during the hearing.

(c) The Hearings Officer may exclude documents and physical evidence upon finding that such evidence would not assist the Hearings Officer in the resolution of the disciplinary action or that such evidence would present an undue risk to the safe, secure, or orderly operation of a facility, specifically including the safety and security of employees and AICs. The reason(s) for exclusion shall be made a part of the record.

(d) The Hearings Officer shall classify documents and physical evidence as confidential upon finding that disclosure would present an undue risk to the safe, secure, or orderly operation of any facility, specifically including the safety and security of employees and AICs, or that disclosure would interfere with an ongoing official investigation. The reason(s) for classifying documents and physical evidence as confidential shall be made a part of the record. Documents and physical evidence classified as confidential by the Hearings Officer shall not be shown or otherwise provided to the AIC.

(e) The Hearings Officer may show to the AIC or read into the record any evidence submitted. However, the Hearings Officer will not provide copies of the evidence to the AIC. AICs may request and obtain copies of nonexempt records in accordance with the department's rule on Release of Public Records (OAR 291-037).

(11) The Hearings Officer shall determine whether any rule violations occurred.

(a) The Hearings Officer may postpone the rendering of a decision for a reasonable period of time, not to exceed seven working days, for the purpose of reviewing the evidence to determine if there is a violation(s). The decision will be based solely upon information obtained in the hearings process, including employee reports, the statements of the AIC charged, and evidence derived from witnesses and documents.

(b) Attempt or Conspiracy: An AIC who attempts or conspires to commit a rule violation shall be found in violation of the rule and shall be subject to appropriate sanctions on the same basis as if the AIC had committed the rule violation.

(12) At the formal hearing the Hearings Officer shall decide:

(a) No Violation: The Hearings Officer may find that the AIC did not commit the violation(s) charged, in which case the AIC may be restored to similar status and privileges as before being charged, as allowed by other rules, policies, etc.

(b) Violation: The Hearings Officer may find that the AIC committed the violation(s) charged, in which case, the Hearings Officer will so inform the AIC.

(A) There is insufficient evidence to support the alleged violation(s); or

(B) Corrective action using less formalized procedures would be more appropriate. The Hearings Officer may refer back to the author for less formalized discipline; or

(d) Violation Not Responsible: An AIC is deemed not to be responsible for their actions.

(e) Violation of Leave: When conduct constitutes a violation of the AIC’s condition(s) of Short-Term Transitional Leave or Non-Prison Leave, the Hearings Officer may also recommend retraction of earned time, statutory good time, or extra good time credits in accordance with the department's rule on Prison Term Modification (OAR 291-097).

(13) If no violation is found or all of the alleged rule violation(s) are dismissed on the misconduct report(s), the report(s) shall not be placed in the AIC’s institution file but may be retained for statistical or litigation purposes in the Hearings records.

(14) Upon the finding of violation(s) by the Hearings Officer, the Hearings Officer:

(a) Shall determine the location of the violation(s) on the major or minor grids (Exhibits 1 and 2).

(b) Shall determine the AIC’s prior misconduct history as recorded on the Disciplinary Misconduct System. Evidence of the AIC’s prior misconduct history shall be placed in the record either orally or in writing.

(d) Determine if a deviation of disciplinary segregation sanction (upward or downward) is appropriate. The Hearings Officer shall document in writing the substantial reasons for the deviation of disciplinary segregation sanction in accordance with OAR 291-105-0072.

(e) Determine if consecutive sanctions are appropriate for separate rule violations arising from a single misconduct report. The Hearings Officer must document in writing the substantial reasons for consecutive sanctions, in accordance with OAR 291-105-0066.

(15) The Hearings Officer may also consider imposing the additional sanctions that are available per OAR 291-105-0069.

(16) The Hearings Officer may suspend imposition of any or all of the imposed disciplinary sanctions, informing the AIC of expected conduct to avoid imposition and the length of time for which the sanction will be suspended.

(17) The Hearings Officer may impose any or all sanctions previously suspended after finding that the AIC has failed to comply with the conditions of the suspension.

(18) At the conclusion of the hearing, the AIC shall be informed of the rule violations the Hearings Officer found the AIC committed and any sanctions imposed.

(19) A verbatim record of the hearing shall be made. A written record will be made of the decision and the supporting reasons.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 6-2025, minor correction filed 05/12/2025, effective 05/12/2025
DOC 25-2024, minor correction filed 10/23/2024, effective 10/23/2024
DOC 24-2024, amend filed 10/22/2024, effective 10/22/2024
DOC 10-2024, temporary amend filed 05/22/2024, effective 06/01/2024 through 11/27/2024
DOC 8-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 19-2001(Temp), f. & cert. ef. 12-3-01 thru 6-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & cert. ef. 10-2-87
CD 29-1986, f. cert. ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, cert. ef. 4-15-86
CD 30-1985, f. & cert. ef. 8-16-85
CD 8-1985(Temp), f. & cert. ef. 6-19-85
CD 25-1982, f. & cert. ef. 11-19-82
Formerly Exhibit 2 to OAR 291-105-026

Or. Admin. R. 291-105-0031 Processing of the Formal Record

(1) Within 10 working days following the conclusion of the hearing, the Hearings Officer shall prepare and deliver to the functional unit manager or designee a Preliminary Order containing the Hearings Officer's finding of fact and conclusions of law and recommendations for review.

(2) The Hearings Officer may issue an amended order for restitution purposes. In all such instances, the Hearings Officer shall convene or reconvene a hearing with the AIC regarding the restitution issue(s), in accordance with the provision of OAR 291-105-0028 and 291-105-0056. In such cases the AIC shall be provided a Notice of Hearing in accordance with OAR 291-105-0056, a brief written description of what the restitution is for, and the amount of restitution to be ordered.

(3) Upon receipt of the Preliminary Order, the functional unit manager or designee shall note the date received on the order. Within five working days after receipt of the Preliminary Order, the functional unit manager or designee shall do one of the following:

(a) Approve and sign the Preliminary Order without amendment, upon which the Preliminary Order becomes the Final Order; or

(b) Issue an amended order dismissing the misconduct report(s) or changing the disciplinary sanction(s) or their imposition in the Preliminary Order, for one or more of the reasons specified in OAR 291‑105‑0031(5), upon which the amended order becomes the Final Order; or

(c) Order the Hearings Officer to reopen the hearing to receive and consider additional evidence not submitted in the original hearing, and to issue an amended Preliminary Order after consideration of the additional evidence.

(4) If the functional unit manager or designee fails to act on the Preliminary Order within seven working days following its receipt, the Preliminary Order shall become the Final Order.

(5) Grounds for Issuance of Amended Orders: The functional unit manager or designee may issue an amended order for one or more of the following reasons:

(a) The evidence in the record is insufficient to support the violation(s) found, in which case the functional unit manager or designee may find a violation of a lesser included violation or order the dismissal of the misconduct report(s);

(b) The sanction(s) imposed by the Hearings Officer was not within the range of sanction(s) in the correct box on the grid, in which case the functional unit manager or designee may impose appropriate sanction(s) from the correct grid box;

(c) The deviation of disciplinary segregation sanction ordered by the Hearings Officer was not supported by written substantial reasons, in which case the functional unit manager or designee may impose the appropriate sanctions without the deviation of disciplinary segregation sanction or order the deviation of disciplinary segregation sanction upon written substantial reasons found by the functional unit manager or designee;

(d) The deviation of disciplinary segregation sanction ordered by the Hearings Officer included a segregation sanction in excess of 50 percent, in which case the functional unit manager or designee shall impose a sanction that does not exceed 50 percent;

(e) The consecutive segregation sanctions imposed by the Hearings Officer for multiple rule violations from the same misconduct report were not supported by written reasons, in which case the functional unit manager or designee may impose the segregation sanctions served concurrently or order the segregation sanctions served consecutively upon written reasons;

(f) To order a deviation of disciplinary segregation sanction not ordered by the Hearings Officer upon written substantial reasons found by the functional unit manager or designee;

(g) To impose mandatory consecutive sanction(s) not imposed by the Hearings Officer for multiple rule violations from two or more misconduct reports;

(h) To impose consecutive sanctions not imposed by the Hearings Officer for multiple rule violations from the same misconduct report, upon written reasons;

(i) To suspend imposition of any or all sanction(s) imposed by the Hearings Officer, informing the AIC of expected conduct to avoid imposition of the sanction(s);

(j) To impose any or all sanctions ordered suspended by the Hearings Officer. The reasons for imposing the previously suspended sanctions shall be explained in writing in the order; or

(k) To amend sanction(s) imposed or to impose sanction(s) not imposed by the Hearings Officer, within the range of sanctions listed in the appropriate grid box and OAR 291-105-0066, OAR 291-105-0069, or OAR 291-105-0071.

(6) Within seven working days after the Final Order is signed by the functional unit manager or designee or after a Preliminary Order becomes the Final Order under OAR 291‑105‑0031(3) and (4), a copy of the Final Order shall be sent to the AIC.

(7) Clerical errors on the written Findings of Fact, Conclusions, and Order may be rectified by correcting that document to accurately reflect the results of the hearing, without actually reconvening the hearing. The AIC shall be notified in writing of such corrections.

(8) The record of the hearing and all supporting documents shall be maintained in the Hearings Unit’s records as per retention schedules. A copy of the misconduct report(s) and the Final Order (Findings of Fact, Conclusions, and Order) shall be permanently retained in the AIC’s institution file, except in those instances where all major charges have been reduced to minor violations or dismissed by the Hearings Officer.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 7-2025, minor correction filed 05/12/2025, effective 05/12/2025
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0036 Preparation of the Formal Record

(1) The record of the formal hearing shall include:

(a) The misconduct report(s);

(b) The Notice of Hearing and Rights;

(d) The Final Order (Findings of Fact, Conclusions, and Order) issued by the Hearings Officer and the functional unit manager or designee.

(2) A recording of the hearing shall not be a part of the record; however, it shall be prepared and provided to the Inspector General, Attorney General, or their designees or to the court, upon request. A copy of the recording of the hearing shall not be provided directly to the AIC by the Hearings Office.

(3) Information received that is determined to be confidential shall be clearly labeled “confidential” and shall not be shared with or provided to AICs.

(a) Confidential information may be summarized for the AIC at the time of the hearing, without releasing the confidential information verbatim or the name of a confidential informant.

(b) Confidential information may be shared with the functional unit manager or designee. Confidential information may also be shared with department employees, the Attorney General, or the courts, with approval of the Inspector General or the Assistant Inspector General(s). Employee requests for confidential information shall be approved by the functional unit manager prior to being forwarded to the Inspector General or the Assistant Inspector General(s).

(c) Such confidential information shall be archived in a secure area as determined by the Inspector General or Assistant Inspector General(s).

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 421.185, 421.190, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 11-1988, f. & cert. ef. 8-19-88
CD 38-1987, f. & cert. ef. 10-2-87
CD 32-1987(Temp), f. & cert. ef. 8-5-87
CD 29-1986, f. & cert. cert. ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, cert. ef. 4-15-86
CD 30-1985, f. & cert. ef. 8-16-85
CD 25-1982, f. & cert. ef. 11-19-82
CD 13-1980, f. & cert. ef. 4-15-80
CD 19-1979(Temp), f. & cert. ef. 10-19-79

Or. Admin. R. 291-105-0041 Adjudicator Responsibilities

(1) An adjudicator shall be appointed by the functional unit manager in each Department of Corrections facility.

(2) The adjudicator will receive all minor misconduct reports, once they have been entered into the disciplinary system and assigned a case number. The adjudicator shall conduct an informal hearing on minor misconduct reports in accordance with OAR 291-105-0046.

(3) The adjudicator shall not have been a witness of or participated in the event in any manner.

(4) The adjudicator shall conduct the informal hearing and decide whether the AIC has violated the rule(s) as charged. The adjudicator may not add or change the violations in the misconduct report.

(5) The adjudicator may dismiss the misconduct report(s) at any stage of the proceedings, with or without prejudice, stating in writing the reason(s) for the dismissal. A new misconduct report may be resubmitted utilizing the same process as provided in OAR 291-105-0021 if dismissed without prejudice or dismissed for insufficient evidence.

(6) The adjudicator may decline to conduct an informal hearing and refer the case to the Hearings Officer for a formal hearing when the AIC’s mental competency is an issue.

(7) Requests for a formal hearing for a misconduct report charging a minor rule violation(s) should be submitted to the adjudicator in writing in advance of the informal hearing or made verbally prior to the start of the informal hearing at the latest.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 8-2025, minor correction filed 05/12/2025, effective 05/12/2025
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0046 Conduct of the Informal Hearings

(1) An informal hearing shall be conducted by the adjudicator on all misconduct report(s) that do not charge a major violation(s), unless the AIC requests a formal hearing in writing on the Notice of Hearing and Rights form or verbally prior to the start of the informal hearing.

(2) Findings by the adjudicator must be on the merits. Technical and clerical errors in the writing or processing of the misconduct report shall not be grounds for dismissal.

(3) The adjudicator shall consider such evidence as would be considered by a reasonable person in the conduct of their serious affairs.

(4) Standard of Proof: Rule violation(s) shall be found upon proof by a preponderance of the evidence. The term preponderance of the evidence means the greater weight of evidence, not necessarily established by the amount of evidence or number of witnesses, but by that evidence that has the most convincing force.

(5) The AIC shall be given the opportunity to provide testimony, to submit evidence, or to waive the right to participate in the hearing as set forth in OAR 291‑105‑0056. AICs shall not be permitted to call witnesses in an informal hearing.

(6) Assistance by an employee, AIC, or other person approved by the adjudicator will be utilized in cases where it is found that assistance is necessary based upon language barriers or capacity of the AIC.

(7) The adjudicator may pose questions during the hearing.

(8) Documents and Physical Evidence:

(a) An AIC participating in an informal disciplinary hearing may present documents and physical evidence during the hearing, subject to the exclusions and restrictions provided in these rules.

(b) Any person who is knowledgeable of the rule violation(s) charged in the misconduct report(s) may submit documents and physical evidence in advance of or during the hearing.

(c) The adjudicator may exclude documents and physical evidence upon finding that such evidence would not assist in the resolution of the disciplinary action or that such evidence would present an undue risk to the safe, secure, or orderly operation of a facility, specifically including the safety and security of employees and AICs. The reason(s) for exclusion shall be made a part of the record.

(d) The adjudicator may classify documents and physical evidence as confidential, and not disclose such evidence to the AIC, upon finding that disclosure would present an undue risk to the safe, secure, or orderly operation of a facility, specifically including the safety and security of employees and AICs or that disclosure would interfere with an ongoing official investigation or criminal prosecution. The reason(s) for classifying documents and physical evidence as confidential shall be made a part of the record.

(9) At the informal hearing the adjudicator shall decide:

(a) No Violation: The adjudicator may find that the AIC did not commit the violation charged, in which case the AIC may be restored to the same status and privileges as before being charged as allowed by other rules, policies, etc.

(b) Violation: The adjudicator may find that the AIC did commit the violation charged, in which case, the adjudicator will so inform the AIC.

(A) There is insufficient evidence to support the alleged violation(s); or

(B) Corrective action using less formalized procedures would be more appropriate; or

(10) At the conclusion of the hearing the AIC shall be informed of the finding and any sanctions imposed.

(11) If the AIC is found in violation, the record of the decision shall be retained in the Hearings Unit records as per retention schedules.

(12) Upon finding that a violation occurred as charged, the adjudicator shall impose sanctions within the appropriate range of the minor disciplinary grid (Exhibit 2).

(13) The adjudicator may also consider imposing the additional sanctions that are available per OAR 291-105-0071.

(14) The adjudicator may suspend imposition of any or all of the ordered disciplinary sanctions, informing the AIC of expected future conduct to avoid imposition and the length of time for which the sanction will be suspended.

(15) The adjudicator may impose any or all sanctions previously suspended after finding that the rule violation in question was also a violation of the conditions of the suspension.

(16) The adjudicator may give a verbal warning and reprimand in lieu of sanctions on the minor grid, informing the AIC of expected future conduct.

(17) No verbatim recording of the hearing shall be made.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 421.185, 421.190, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 16-2000, f. & cert. ef. 6-19-00
DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 30-1985, f. & ef. 8-16-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0056 AIC Rights in Formal and Informal Hearings

(1) Hearing: The AIC shall be entitled to a hearing whenever a misconduct report has been filed. An AIC receiving a minor misconduct report shall not receive a formal hearing, unless specifically requested.

(2) Waiver of Hearing:

(a) The AIC may waive the right to a hearing. Waiver of the right must be made in writing, verbally, or through behavior and must be documented on the record. An AIC’s refusal to attend the hearing will constitute a waiver.

(b) If the AIC waives the right to a hearing, the case will be reviewed on its merits by the Hearings Officer or adjudicator in accordance with the procedures outlined in these rules (OAR 291-105).

(3) Notice of Hearing:

(a) The AIC shall be given written notice of the hearing no less than 24 hours prior to the hearing. The AIC may consent to holding the hearing sooner either verbally or in writing.

(b) The notice shall include a statement of the AIC’s rights with respect to the hearing.

(4) Representation:

(a) In all cases, the AIC shall be entitled to:

(A) Provide a defense through written or oral testimony.

(B) Be present at all evidentiary stages of the hearing process, except when the Hearings Officer or adjudicator finds that to have the charged AIC present would constitute an immediate threat to facility security or the AIC’s behavior during the hearing warrants exclusion. The reason(s) for the finding shall be part of the record.

(C) AICs shall be excluded during the testimony of any witness whose testimony must be given in confidence. The reasons for the AIC’s absence or exclusion shall be made part of the record.

(b) Assistance by an employee, AIC, or other person approved by the Hearings Officer or adjudicator will be ordered in cases where it is found that assistance is necessary based upon language barriers, the AIC’s capacity to prepare a defense, or the AIC’s ability to understand the charge(s), surrounding facts, or rights available to the AIC.

(5) AICs shall be allowed to submit evidence, except when the Hearings Officer or adjudicator finds that to have the evidence present would constitute an immediate threat to a facility or not assist in the resolution of the hearing, as provided in OAR 291-105-0028 or OAR 291-105-0046.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 421.180, 423.020, 423.030, 423.075, ORS 179.040 & 421.068
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 16-2000, f. & cert. ef. 6-19-00
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0058 Investigations in Formal and Informal Hearings

(1) The Hearings Officer or adjudicator may order an investigation.

(2) The investigator shall not have been a witness to the event or have participated in the case as a charging officer.

(3) The Hearings Officer or adjudicator shall disclose the results of the investigation to the AIC unless disclosure of the investigative results would constitute a threat to the safety, security, or orderly operation of a facility. The reason(s) for nondisclosure shall be made a part of the record. The Hearings Officer or adjudicator shall not provide the AIC with copies of supplemental documents that comprise the case against the AIC.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & cert. ef. 10-2-87
CD 30-1985, f. & cert. ef. 8-16-85
CD 8-1985(Temp), f. & cert. ef. 6-19-85
CD 25-1982, f. & cert. ef. 11-19-82
CD 13-1980, f. & cert. ef. 4-15-80
CD 19-1979(Temp), f. & cert. ef. 10-19-79

Or. Admin. R. 291-105-0064 Postponements and Continuances of Hearings

(1) A hearing may be postponed or continued by the Hearings Officer or the adjudicator for a reasonable period of time for good cause.

(2) "Good cause" includes, but is not limited to:

(a) Preparation of defense; or

(b) Illness or unavailability of the AIC charged; or

(c) Gathering of additional evidence (for example, calling of witnesses, gathering of witness statements, investigation, acquisition of physical evidence); or

(d) Avoiding interference with an ongoing police investigation or pending prosecution; or

(e) Determination of appropriate sanctions.

(3) The reason for the postponement in a formal hearing shall be made part of the record.

(4) If an AIC has been placed on disciplinary segregation status pending a hearing and a continuance or postponement is ordered on the motion of the Hearings Officer, the Hearings Officer shall consider retention of the AIC on disciplinary segregation status and:

(a) Determine that the AIC no longer presents a threat to security and recommend to the functional unit manager or designee of the facility where the AIC is on disciplinary segregation status, that the AIC be released from disciplinary segregation status pending conclusion of the hearing; or

(b) Determine that the rule violation(s) alleged is so serious that, if proven, the AIC would present an immediate and continuing threat to the safety, security, or orderly operation of the facility. The Hearings Officer will recommend to the functional unit manager or designee of the facility where the AIC is on disciplinary segregation status that the AIC be retained on disciplinary segregation status. The written approval of the functional unit manager or designee of the facility where the AIC is on disciplinary segregation status shall be made a part of the record. The AIC may be retained on disciplinary segregation status for a period no longer than allowed for the alleged rule violation(s). In no case shall an AIC be retained on disciplinary segregation status for a period in excess of 90 consecutive days.

(5) If an AIC has been placed on disciplinary segregation status pending a hearing and a continuance or postponement is requested by the AIC, the Hearings Officer shall not consider retention of the AIC on disciplinary segregation status; the AIC will be retained on disciplinary segregation status. The AIC will be retained on disciplinary segregation status for a period no longer than allowed for the alleged rule violation(s). The AIC may not be retained on disciplinary segregation status under this provision for more than 90 days.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 16-2022, temporary amend filed 11/22/2022, effective 01/01/2023 through 06/29/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & ef. 10-2-87
CD 29-1986, f. & ef. 8-20-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0066 Principles of Application of Disciplinary Sanctions

(1) A single act of misconduct may violate more than one misconduct rule.

(2) Loss of Privilege: If the AIC’s misconduct involves the abuse or misuse of a specific privilege (for example: recreation yard, canteen, etc.), the Hearings Officer or adjudicator may order a loss of that specific privilege and may increase the loss of that specific privilege sanction up to twice the amount listed in the appropriate grid box.

(3) If an AIC receives a conduct order and a misconduct report that results in a recommended loss of privileges sanction, the AIC will receive credit for the length of the conduct order toward the loss of privilege sanction.

(4) If an AIC is placed in disciplinary segregation pending a misconduct report and the formal hearing results in a recommended disciplinary segregation sanction, the AIC will receive credit for the length of time in disciplinary segregation awaiting the hearing toward the recommended disciplinary segregation sanction.

(5) For rule violations arising from separate misconduct reports, disciplinary segregation sanctions shall be served consecutively, up to 90 days.

(6) For rule violations arising from the same misconduct report:

(a) Concurrent disciplinary segregation sanctions may be imposed by the Hearings Officer or functional unit manager or designee, up to 90 days. The AIC shall be ordered to only serve the sanction for the most serious violation in the misconduct report.

(b) Consecutive sanctions may be imposed by the Hearings Officer or functional unit manager or designee. The reasons for consecutive sanctions shall be supported by written substantial reasons outlining the factor(s) supporting the consecutive sanctions. No aspect of the misconduct that serves as a necessary element of misconduct may be used as an aggravating factor if that factor is also used to impose discipline.

(7) The department's rule on Prohibited Rules of Conduct and Processing Disciplinary Actions for Adults in Custody (OAR 291-105) contains two disciplinary grids. One grid governs disciplinary action for major violations (Exhibit 1). The other grid governs disciplinary action for minor violations (Exhibit 2).

(8) Each of the disciplinary grids shall outline the available sanctions within each box, which includes fines, disciplinary segregation time, and the loss of privileges.

(9) There are additional sanctions available to the Hearings Officers and adjudicators for major violation(s) and minor violations (OAR 291‑105‑0069 and 291-105-0071). These sanctions shall be applied in proportion to the violation, the AIC’s prior misconduct, and institutional behavior.

(10) Merged and Consecutive Sanctions: In the case of multiple rule violations, a Hearings Officer or adjudicator shall impose any sanctions for only the single most severe or most applicable rule violation found as charged in a single misconduct report, except as specifically allowed by OAR 291-105-0066(6)(b). The applicable sanction(s) for the remaining rule violations shall be deemed to have merged with the sanction(s) imposed for the single rule violation unless consecutive sanctions are imposed as authorized in OAR 291-105-0066(6)(b).

(11) The Hearings Officer may consider input regarding appropriate sanction(s) from stakeholders involved with the AIC (for example, Behavioral Health Services (BHS), housing unit employees, counselor(s), Security Threat Management, etc.). If:

(a) Input provided by BHS indicates the AIC’s actions constitute an act of self-harm, the misconduct shall be dismissed with prejudice.

(b) Input provided by BHS indicates the AIC has a Serious Mental Illness, the AIC may be sanctioned up to 30 consecutive days in disciplinary segregation. The AIC may receive loss of privileges, fines, and other sanctions as allowed by OAR 291-105-0069.

(12) Limitations on the Length of Confinement in Disciplinary Segregation for Rule Violations:

(a) No AIC shall be confined in disciplinary segregation for more than 90 consecutive days. On the 90th consecutive day of confinement in disciplinary segregation, an AIC shall be reassigned and ordered to other housing. Once reassigned and ordered to other housing, the AIC shall be subject to additional confinement in disciplinary segregation (up to a maximum of another 90 days) as a sanction for a new rule violation(s).

(b) Once an AIC has received the maximum sanction of 90 consecutive days, the Hearings Officer is not required to impose any additional disciplinary segregation sanction. The Hearings Officer is also not required to order additional loss of privileges sanctions to an AIC who has already received the maximum 90 days disciplinary segregation sanction if the Hearings Officer determines that the sanction would not be meaningful to the AIC. Such action shall be made a part of the written record of the hearing.

(c) New violations committed while assigned to disciplinary segregation: If an AIC is ordered to serve an additional disciplinary segregation sanction for committing a new rule violation(s) while assigned to disciplinary segregation, the additional disciplinary segregation sanction may be served consecutively or concurrent, to any prior disciplinary segregation sanction(s), up to a maximum of 90 days.

(d) New violations committed while assigned to Intensive Management Unit (IMU) Status or Behavioral Health Unit (BHU) Status: An AIC who commits a new rule violation(s) while assigned to IMU status or to the BHU under OAR 291-048-280, shall not be ordered to serve a disciplinary segregation sanction for the violation(s). The AIC shall be subject to the range of additional sanctions described in OAR 291-105-0069 and OAR 291-105-0071, including but not limited to fines and loss of privileges.

(13) When an AIC has been assigned to disciplinary segregation as part of a disciplinary sanction that is considered a Level I or Level II violation and the AIC is temporarily transferred to the custody of a jurisdiction other than the department or is released from prison, the AIC shall not be given credit for time served in disciplinary segregation while out of department custody unless it is determined that the other jurisdiction maintained the AIC in a similarly restrictive status, in such cases the AIC shall be credited with the number of days held in disciplinary segregation-type status.

(a) If the AIC is returned to the department’s custody within three years, the case will be reviewed by the functional unit manager or designee of the institution where the behavior occurred. The review will consider the number of days already served of the disciplinary segregation sanction and will determine if the remaining disciplinary segregation sanction or any portion of it will be served.

(b) If the AIC is returned to the department’s custody after three years, the remaining disciplinary segregation sanction will be considered served.

(14) In those instances where the functional unit manager or designee under the authority of OAR 291-011-0030, determines it is appropriate, the AIC may be released from disciplinary segregation.

(a) At that point, the current disciplinary segregation sanction will be deemed to have been completed and the remaining disciplinary segregation sanction will not be served as loss of privileges while the AIC resides in the general population.

(b) Any loss of privileges sanction ordered to be served upon the AIC’s release from disciplinary segregation, shall begin at the time the AIC is actually released from disciplinary segregation.

(c) Notification of an early release from disciplinary segregation will be provided to appropriate sections for necessary action, including the Hearings Unit, where the early release will be entered into the disciplinary system.

(15) AICs who commit a rule violation may be subject to classification review in accordance with the department's on Classification (OAR 291-104).

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 421.185, 421.190, 423.020, 423.030 & 423.075
DOC 9-2025, minor correction filed 05/12/2025, effective 05/12/2025
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 16-2022, temporary amend filed 11/22/2022, effective 01/01/2023 through 06/29/2023
DOC 8-2022, amend filed 09/06/2022, effective 09/06/2022
DOC 1-2022, amend filed 03/28/2022, effective 03/28/2022
DOC 13-2021, temporary amend filed 10/13/2021, effective 10/13/2021 through 04/10/2022
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 4-2018, amend filed 05/04/2018, effective 05/04/2018
DOC 1-2018, temporary amend filed 01/24/2018, effective 01/24/2018 through 07/22/2018
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 29-1986, f. & ef. 8-20-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0069 Additional Sanctions for Major Violations

The additional sanctions available to the Hearings Officer for major violations include, but are not limited to:

(1) Restitution: AICs shall be responsible for making full restitution for any damage or loss of property. In addition, AICs shall be financially responsible for all costs associated with or resulting from the violation. These shall include the costs of any drug urinalysis testing and other costs incurred by the Department of Corrections as a result of the AIC’s actions. There is no limit on the amount of restitution which can be imposed. There must always be a factual basis in the record to support the restitution amount. The Hearings Officer may recommend a freeze on the AIC’s trust account for the sum of the restitution as per OAR 291-158.

(2) Confiscation of property or contraband: If the property or contraband confiscated is in the AIC’s trust account, the Hearings Officer may recommend a freeze on the AIC’s trust account for the sum of the contraband, or the balance of the AIC’s account, whichever is lower as per OAR 291-158.

(3) Reduction to Basic Visiting Status (non‑contact): For any major violation, basic visiting status may be imposed up to a maximum of 180 days for any one violation. Any AIC found in violation of Distribution I or Possession of an Electronic Device, including attempt or conspiracy, within the past two years may be restricted to basic visits for each violation as follows:

(a) First violation: up to 1 year (365 days)

(b) Second violation: up to 2 years (730 days)

(A) Basic visiting sanctions shall be served upon return to general population housing.

(B) Basic visiting sanctions shall be served consecutively up to 7 years (2,555 days). No AIC shall serve more than 7 years (2,555 days) of consecutive basic visiting sanctions at any one time.

(4) Extra Work Detail: For a major violation, the limit on extra work detail is a maximum of 80 hours, to be completed within 30 days after the Final Order has been signed.

(5) Recommendation for no Favorable Future Consideration of Parole Release Date.

(6) Recommendation for an extension of parole release date in accordance with the rule on Prison Term Modification (OAR 291-097).

(7) Recommendation for reduction in earned time, statutory good time, or extra good time credits in accordance with the rule on Prison Term Modification (OAR 291‑097).

(8) Other sanctions as deemed appropriate by the Hearings Officer and approved by the functional unit manager or designee.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 421.185, 421.190, 423.020, 423.030 & 423.075
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 38-1987, f. & ef. 10-2-87
CD 29-1986, f. & ef. 8-20-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0071 Additional Sanctions for Minor Violations

The additional sanctions available to the Hearings Officer or adjudicator for minor violations include, but are not limited to:

(1) Restitution: AICs shall be responsible for making full restitution for any damage or loss of property. In addition, AICs shall be financially responsible for all costs associated with or resulting from the misconduct. There is no limit on the amount of restitution which can be ordered. There must always be a documented factual basis in the record to support the restitution amount.

(2) Confiscation of property or contraband.

(3) Reduction to basic visiting status (non‑contact): For a minor violation, basic visiting status may be imposed up to a maximum of 28 days for any one violation.

(4) Extra work detail: For a minor violation, the limit on extra work detail is a maximum of 40 hours, to be completed within 30 days after the hearing.

(5) Other sanctions as deemed appropriate by the Hearings Officer or adjudicator and approved by the functional unit manager or designee.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 6-1993, f. 3-10-93, cert. ef. 4-1-93
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
Reverted to CD 25-1982, f. & ef. 11-19-82
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0072 Deviation Sanctions for Major Violations

(1) Once the level of discipline has been determined according to the disciplinary grid, the Hearings Officer or functional unit manager or designee may deviate, either upward or downward, on major violations in formal hearings. This deviation of disciplinary segregation sanction, under no circumstances, may exceed 50 percent of the segregation sanction in the appropriate box on the grid. All deviated sanctions shall be supported by written substantial reasons outlining the mitigating or aggravating factors which support the deviation of disciplinary segregation sanction. All deviations of disciplinary segregation sanction shall be subject to review by the functional unit manager or designee.

(2) There may be only one deviation of disciplinary segregation sanction ordered for each sanction imposed. The Hearings Officer and functional unit manager or designee may not both order a separate deviation of disciplinary segregation sanction for one violation.

(3) Deviations of disciplinary segregation sanction may only be ordered for major violations.

(4) Substantial reasons will be separated into mitigating and aggravating factors.

(5) The following list of mitigating and aggravating factors may be considered when determining substantial reasons for a deviation of disciplinary segregation sanction. Other factors not listed may also constitute substantial reasons for mitigation or aggravation.

(a) Mitigating factors:

(A) The AIC acted under duress or compulsion (not sufficient as a complete defense).

(B) The AIC’s mental capacity was diminished (excluding diminished capacity due to voluntary drug or alcohol abuse).

(C) The misconduct was principally accomplished by another, and the AIC exhibited extreme caution or concern for the victim.

(D) The victim (if any) was an aggressor or participant in the behavior associated with the misconduct.

(E) The AIC played a minor or passive role in the misconduct.

(F) The AIC cooperated with the department with respect to the current misconduct or any other misconduct by the AIC or other AICs.

(G) The degree of harm or loss attributed to the current misconduct was significantly less than typical for such misconduct.

(b) Aggravating factors:

(A) Threat of or actual violence toward a witness or victim.

(B) Persistent involvement in similar misconduct or repetitive assaults.

(D) Deliberate cruelty to victim.

(E) The AIC knew, or had reason to know, of the victim's particular vulnerability, such as, the age, disability, or ill health of victim, which increased the harm or threat of harm caused by the misconduct.

(F) The misconduct involved multiple victims or incidents.

(G) The misconduct was part of an organized operation.

(H) The misconduct resulted in a permanent injury to the victim.

(I) The degree of harm or loss attributed to the current violation was significantly greater than typical for such misconduct.

(J) The misconduct was motivated entirely, or in part, by the race, sex, color, religion, ethnicity, or national origin of the victim.

(K) The timing and location of the misconduct directly threatened the safety, security, or orderly operation of the facility significantly more than typical for such misconduct.

(c) No aspect of the misconduct that serves as a necessary element of misconduct may be used as an aggravating factor if that aspect is also used to impose discipline.

History

Statutory/Other Authority: ORS 179.040, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 9-1995, f. 5-23-95, cert. ef. 6-1-95
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92

Or. Admin. R. 291-105-0081 Adjustments to Final Orders

(1) Adjustments to Final Orders shall be initiated by an employee and documented using the Adjustment to Final Order form. Adjustments to Final Orders must pertain to a specific disciplinary case.

(2) In recommending adjustments to Final Orders, the designated institution committee will consider each individual AIC’s particular circumstances and significant positive behavior change. Recommendations will be made by the designated institution committee to the functional unit manager or designee to make adjustments to the Final Orders regarding fines, basic visiting, earned time, statutory good time, extra good time credits, or LOP sanctions greater than 29 days.

(a) Generally, the AIC should have served/completed at least 50% of the sanction imposed and demonstrated a significant positive behavior change before an adjustment to that sanction would be considered. If the recommendation for the adjustment would be more than 50%, the recommendation to the functional unit manager or designee shall include factors that justify more than a 50% adjustment.

(b) Generally, a restoration of earned time, statutory good time, or extra good time credits should not cause an AIC’s release date to move within 60 days of the date of adjustment. If the restoration of earned time, statutory good time, or extra good time credits should cause an AIC’s release date to move within 60 days of the date of adjustment, the recommendation for restoration must also go through the Department’s Release Services Manager, who must also approve the restoration of retracted time.

(3) The functional unit manager or designee will approve, deny, or amend the recommendations of the designated institution committee.

(4) Copies of the approved Adjustment to Final Order will be provided to appropriate sections for necessary action, including the Hearings section, where the amendment will be entered into the disciplinary system.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 24-2024, amend filed 10/22/2024, effective 10/22/2024
DOC 10-2024, temporary amend filed 05/22/2024, effective 06/01/2024 through 11/27/2024
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 4-2018, amend filed 05/04/2018, effective 05/04/2018
DOC 1-2018, temporary amend filed 01/24/2018, effective 01/24/2018 through 07/22/2018
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05

Or. Admin. R. 291-105-0085 Administrative Review

(1) An AIC may direct concerns or issues regarding a hearing to the functional unit manager or designee as soon as possible after the conclusion of the hearing. Upon receipt of the Preliminary Order, the functional unit manager or designee will: approve the order, amend the order, dismiss the order, or reopen to consider new evidence not submitted in the original hearing.

(2) Disciplinary actions subject to review by the Inspector General or designee are:

(a) Level I or Level II rule violations; or

(b) Recommendations for extension of the AIC’s parole release date, retraction of earned time, statutory good time, or extra good time credits; or

(d) Any case deemed appropriate by the Inspector General or designee.

(3) Petitions for administrative review must be filed by the AIC and received by the Inspector General within 60 calendar days after the Preliminary Order becomes the Final Order under OAR 291‑105‑0031. Filing a petition for administrative review shall not stay the imposition of a sanction.

(4) An AIC shall request an administrative review by completing the Department approved Petition for Administrative Review form and submitting it to the Inspector General. Petition for Administrative Review forms shall minimally state the following:

(a) The date the hearing was completed and the case number (for example, 1503 EOCI 0001 EOCI 01).

(b) The rule violation(s) which the AIC was found in violation or sanction(s) which meets the review criteria listed in (2) above.

(c) Sufficient information to show why there was not substantial compliance with OAR 291-105, that the finding was not based upon a preponderance of the evidence, or that the sanction(s) imposed was not in accordance with provisions set forth in OAR 291-105.

(d) An AIC who attempts to file for an administrative review by use of any written communication other than the approved Petition for Administrative Review form shall have the communication returned with instructions that the AIC resubmit the request on the proper form. The AIC will have 14 days from the date the communication is returned or 60 calendar days after the Final Order is signed, whichever is longer, to make the request on the approved form.

(e) Duplicate petitions for the same case will not be considered or responded to.

(f) A separate Petition for Administrative Review must be filed for each case number for which an administrative review is requested.

(5) Upon receipt of the Petition for Administrative Review, the Inspector General or designee shall review the case to determine:

(a) Was there substantial compliance with OAR 291-105?

(b) Was the finding based upon a preponderance of evidence?

(6) If the Inspector General or designee determines there was substantial compliance with OAR 291-105, the finding was based on a preponderance of evidence, and the sanction(s) imposed were in accordance with the provisions set forth in OAR 291-105, the AIC will be informed. The Inspector General or designee may order the case reopened to address technical and clerical errors that do not substantially prejudice the AIC.

(7) If the Inspector General or designee determines there was not substantial compliance with OAR 291-105, the finding was not based on a preponderance of the evidence, or the sanction(s) imposed were not in accordance with provisions set forth in OAR 291-105, the case shall be reopened to address non-compliance. The order may be dismissed or vacated, in whole or in part, by the Inspector General or designee.

(8) Upon receipt of the order to reopen a case, the Hearings Officer shall reopen and complete the case and notify the Inspector General or designee of completion within 10 business days. If completing the case takes longer than 10 business days, the reason for delay shall be made part of the record.

(9) Upon completing the case, the Hearings Officer shall prepare and issue an updated Preliminary Order containing the Hearings Officer’s Findings of Fact and Conclusions of law per OAR 291-105-0031.

(10) The Inspector General or designee shall provide the AIC with a written response to the Petition for Administrative Review within 60 days from the date it is received. Documentation submitted to the Inspector General shall not be returned to the AIC. Requests for updates during the 60-day period will not receive a response.

(11) Petitions that are outside the criteria listed in OAR 291-105-0085 shall be returned.

(12) Cases that are not eligible for review by the Inspector General or designee are subject to review by the functional unit manager or designee, if requested by the AIC. If the functional unit manager or designee determines the case was not incompliance with OAR 291-105, the Inspector General or designee will be contacted to request the case be reopened.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 14-2008, f. & cert. ef. 6-2-08
Renumbered from 291-105-0073, DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
CD 16-1996, f. 11-13-96, cert. ef. 11-15-96
CD 8-1992, f. 3-27-92, cert. ef. 4-15-92
CD 5-1989, f. & cert. ef. 4-21-89
CD 38-1987, f. & ef. 10-2-87
CD 32-1987(Temp), f. & ef. 8-5-87
CD 29-1986, f. & ef. 8-20-86
CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
CD 30-1985, f. & ef. 8-16-85
CD 8-1985(Temp), f. & ef. 6-19-85
CD 25-1982, f. & ef. 11-19-82
CD 13-1980, f. & ef. 4-15-80
CD 19-1979(Temp), f. & ef. 10-19-79

Or. Admin. R. 291-105-0100 Vacating or Withdrawing the Final Order in the Interest of Justice

The Inspector General, Assistant Director for Operations, or their designees may, in the interest of justice, vacate all or part of a final disciplinary order or withdraw the order and direct that a disciplinary hearing be reopened for consideration of new evidence.

History

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020
DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11
DOC 11-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11
DOC 14-2008, f. & cert. ef. 6-2-08
DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99

Division 107 PETITIONS (CIRCULATION IN FACILITIES)

Or. Admin. R. 291-107-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to set guidelines to govern the circulation of petitions by inmates within a Department of Corrections facility.

(3) Policy: It is the policy of the Department of Corrections to assure that effective channels of communication between inmates, community, and staff exist. Suggestions for improvements are welcome and encouraged. Those inmates who have not been able to resolve problems through other available channels (i.e., the Inspector General, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the facility manager in accordance with the procedures included in this rule.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2019, amend filed 01/22/2019, effective 01/22/2019
CD 38-1986, f. & ef. 10-17-86
CD 22-1985, f. & ef. 8-5-85
CD 32-1978, f. 10-24-78, ef. 10-25-78

Or. Admin. R. 291-107-0010 Definitions

(1) Department of Corrections Facility: An institution or its satellite, release center, or office, including the grounds, operated by the Department of Corrections.

(2) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(3) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director or an administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(4) Inmate: Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision or probation status.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2019, amend filed 01/22/2019, effective 01/22/2019
CD 38-1986, f. & ef. 10-17-86
CD 22-1985, f. & ef. 8-5-85
CD 32-1978, f. 10-24-78, ef. 10-25-78

Or. Admin. R. 291-107-0015 Procedures

(1) Those inmates who have not been able to resolve problems through other available channels (i.e., the Inspector General, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the functional unit manager as directed in this rule. Any inmate or other person desiring to circulate a petition will present the petition to the functional unit manager adding any supporting information that would justify its approval. Permission to circulate petitions within a Department of Corrections facility will be approved if:

(a) There is factual information;

(b) All other available avenues to remedy a problem or seek a solution to the issue or subject of the petition have been exhausted;

(c) The outcome of circulating the petition has the potential to benefit or improve the facility population or the people of the State of Oregon;

(d) Circulation of the petition would not seriously disrupt the order and security of the facility.

(2) The functional unit manager will respond, in writing, within ten days and will:

(a) If the petition is approved, advise the petitioner of the manner in which the petition may be circulated;

(b) If the petition is denied, advise the petitioner of reason for denial.

History

Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 3-2019, amend filed 01/22/2019, effective 01/22/2019
CD 22-1985, f. & ef. 8-5-85
CD 32-1978, f. 10-24-78, ef. 10-25-78

Division 109 GRIEVANCE REVIEW SYSTEM (AIC)

Or. Admin. R. 291-109-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish department policy and procedures for adults in custody (AIC) to communicate with employees, and the administration of the department’s internal grievance review and grievance appeal system for individuals in the custody of the Department of Corrections.

(3) Policy:

(a) It is the policy of the Department of Corrections to encourage adults in custody to address their concerns informally with appropriate employees and managers through dialog or in writing by utilizing communication forms. Adults in custody having information or concerns regarding the conduct or behavior of employees that may directly threaten the life, health, and safety of employees or adults in custody are also encouraged to communicate their information and concerns to the department using such other systems as the department may develop, for example, the Inspector General’s hotline.

(b) Recognizing that due to the complex nature of the correctional setting some disputes between employees and adults in custody may not be readily resolved at an informal level, it is the policy of the Department of Corrections to permit and encourage adults in custody to seek resolution of disputes with employees, contractors, or volunteers of the Department of Corrections or Oregon Corrections Enterprises using the department’s internal grievance review and appeal system established in these rules.

(c) Within the inherent limitations of resources and the need for facility security, safety, health, and good order, it is the policy of the Department of Corrections that all adults in custody be treated fairly and equitably, and that employee actions and decisions be consistent with the rules, policies, and procedures of the department.

History

Statutory/Other Authority: 423.020, 423.030, 423.075 & ORS 179.040
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2019, amend filed 10/18/2019, effective 10/18/2019
DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11
DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06
DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03

Or. Admin. R. 291-109-0110 Definitions

(1) Active Complaint: A grievance, discrimination complaint, or appeal of either, that is awaiting a response or is within the available timelines for appeal or return for correction.

(3) Adult in Custody Complaint Review Committee (AICCRC): A multi-disciplinary team chaired by the Agency Grievance and Discrimination Complaint Coordinator designated by the Inspector General and made up of institution grievance coordinators, institution discrimination complaint coordinators, and department subject matter experts.

(5) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.

(7) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public-sector agencies who is serving under any department-sanctioned assignment to provide services or support to department programs.

(8) Court Name: For the purposes of these rules, the definition of “court name” is defined in OAR 291-100 Admission, Sentence Computation, and Release.

(9) Department of Corrections Employee (Employee): Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.

(10) Directive: A term generally used to describe a Department of Corrections administrative rule or policy signed by the Director or designee, or other procedural guidelines, orders, or official instruction.

(11) Discrimination Complaint: A written complaint submitted by an adult in custody in accordance with the department’s rules on Discrimination Complaint Review System (OAR 291-006).

(12) Emergency Grievance: A grievance alleging actual or significant risk of immediate physical harm.

(14) Grievance: A written complaint submitted by an adult in custody in accordance with the department’s rules on Grievance Review System (OAR 291-109).

(15) Inspector General’s Hotline: A toll-free phone number where adults in custody may report misconduct by other adults in custody, and abuse of lawful authority or criminal activity of department employees in order to protect the life, health, and safety of both employees and adults in custody.

(16) Institution ADA Coordinator: The department employee or designee assigned by the functional unit manager to coordinate compliance with and carry out responsibilities under the Americans with Disabilities Act regarding access to department programs, services, and activities for adults in custody with disabilities, and to communicate about ADA matters within their respective functional unit.

(17) Institution Discrimination Complaint Coordinator: The department employee or designee assigned by the functional unit manager to coordinate discrimination complaint processes and communicate about discrimination complaint related matters within their respective functional unit.

(18) Institution Grievance Coordinator: The department employee or designee assigned by the functional unit manager to coordinate grievance processes and communicate about grievance related matters within their respective functional unit.

(19) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections.

(20) Sexual Harassment: Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one adult in custody directed toward another: and repeated verbal comments or gestures of a sexual nature to an adult in custody by an employee, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

(21) Vendor: A person or company contracted to provide services directly for sale to adults in custody through the department (for example, companies providing telephone services).

(22) Volunteer: A person who, with prior approval from the department, donates time, knowledge, skills, or effort to the department, Oregon Corrections Enterprises, or other state agency to enhance the mission, activities, and programs of the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2019, amend filed 10/18/2019, effective 10/18/2019
DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11
DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06
Renumbered from 291-109-0010 by DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03
DOC 17-2000, f. & cert. ef. 6-19-00
DOC 29-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00
CD 13-1992, f. 6-15-92, cert. ef. 6-26-92
CD 56-1986, f. & ef. 12-5-86
CD 53-1985, f. & ef. 8-16-85
CD 6-1984, f. & ef. 4-9-84
CD 39-1983(Temp), f. & ef. 10-14-83
CD 5-1982, f. & ef. 1-29-82
CD 34-1981(Temp), f. & ef. 8-7-81
CD 3-1979, f. 1-18-79, ef. 1-25-79

Or. Admin. R. 291-109-0205 Grievance and Grievance Appeal Timelines

(1) Grievances must be received by the institution grievance coordinator within 14 calendar days from the date of the incident or issue being grieved unless the adult in custody can satisfactorily demonstrate why the grievance could not be timely filed. Untimely grievances will be denied and returned to the adult in custody with a statement of the rule.

(2) Initial grievances will be responded to within 35 calendar days from the date the initial grievance was accepted, unless further review is necessary to fully respond to the adult in custody’s initial grievance, in which case the adult in custody will be notified that the department will respond within an additional 14 calendar days.

(3) Initial grievance appeals must be received by the institution grievance coordinator within 14 calendar days from the date the initial grievance response was sent to the adult in custody unless the adult in custody can satisfactorily demonstrate why the initial grievance appeal could not be timely filed. Untimely initial grievance appeals will be denied and returned to the adult in custody with a statement of the rule.

(4) Initial grievance appeals will be responded to within 35 calendar days from the date the initial grievance appeal was accepted, unless further review is necessary to fully respond to the adult in custody’s initial grievance appeal, in which case the adult in custody will be notified that the department will respond within an additional 14 calendar days.

(5) Final grievance appeals must be received by the institution grievance coordinator within 14 calendar days from the date the initial grievance appeal response was sent to the adult in custody unless the adult in custody can satisfactorily demonstrate why the final grievance appeal could not be timely filed. Untimely final grievance appeals will be denied and returned to the adult in custody with a statement of the rule.

(6) Final grievance appeals will be responded to within 35 calendar days from the date the final grievance appeal was accepted, unless further review is necessary to fully respond to the adult in custody’s final grievance appeal, in which case the adult in custody will be notified that the department will respond within an additional 14 calendar days.

(7) If the deadline for submitting a grievance or grievance appeal falls on a weekend or legal holiday, that grievance or grievance appeal will be deemed timely if the grievance or grievance appeal form is timely dated by the adult in custody and the institution grievance coordinator receives the grievance or grievance appeal during the first business day following the weekend or legal holiday in which the deadline passed.

(8) Grievances, grievance appeals, or responses may be consolidated by the department.

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0210 Permissible Grievance Issues

(1) An adult in custody may only request review of one issue, action, or incident per grievance.

(a) If multiple employees or functional units are involved in a single incident or issue, each should be included in a single grievance and one grievance response will be prepared from the most appropriate individual, at the discretion of the institution grievance coordinator.

(b) For the purposes of a specialty committee, only one grievance shall be submitted for the incident or issue.

(2) An adult in custody may not file more than one accepted grievance or discrimination complaint regarding a single incident or issue, regardless of incident date, unless substantial new information is available about the incident or issue.

(3) An adult in custody may file a single grievance concerning any incident or issue regarding institutional life that directly and personally affects that adult in custody, including but not limited to:

(a) Misapplication of departmental policies, rules, or other directives;

(b) Unprofessional actions of employees, volunteers, or contractors of the Department of Corrections or Oregon Corrections Enterprises;

(d) Excessive use of force by department employees.

(4) An adult in custody cannot file a grievance regarding the following:

(a) Any matter that does not directly and personally affect the adult in custody;

(b) Any matter in which the adult in custody lacks personal knowledge of the incident or issue;

(c) Any matter that is outside of the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision);

(d) Any matter that may be reviewed through a separate review process under the department’s rules. Examples include, but are not limited to, the review processes set out in the following department rules:

(A) Segregation (Administrative) – (OAR 291-046)

(B) Alternative Incarceration Programs – (OAR 291-062)

(D) Cost of Care Reimbursement – (OAR 291-203)

(E) Discrimination Complaint Review System – (OAR 291-006)

(F) Informed Consent to Treatment with Psychotropic Medication – (OAR 291-064)

(G) Mail – (OAR 291-131)

(H) Prison Term Modification – (OAR 291-097)

(I) Security Threat Management – (OAR 291-069)

(J) Trust Accounts – (OAR 291-158)

(K) Visiting – (OAR 291-127)

(e) Daily fails as defined in the DOC rule on Performance Recognition and Award System - (OAR 291-077-0033);

(f) Conduct orders, investigations leading to a conduct order, or conduct order sanction(s);

(g) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings, and sanctions;

(h) Claims the adult in custody has pursued or is pursuing in pending litigation in state or federal courts;

(i) The processing of, response to, or late response to grievances, grievance appeals, discrimination complaints, discrimination complaint appeals, or other separate review processes; and

(j) Group grievances representing other adults in custody, or acts where an adult in custody is a spokesperson for other adults in custody.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0215 Grievance and Grievance Appeal Submission Limits

(1) An adult in custody shall not have more than four active complaints (grievances, discrimination complaints, or appeals of either) at any time. Any grievance or grievance appeal submitted exceeding that limit will be found to be an improper use of the grievance review and discrimination complaint review systems and returned to the adult in custody with a statement of the rule.

(2) An adult in custody may not submit more than a combined total of four initial grievances and discrimination complaints per calendar month.

(3) For purposes of these rules, an emergency grievance, as defined in OAR 291-109-0110(12), or any appeal regarding an emergency grievance, is not counted when determining the number of active complaints or the number of submitted grievances or discrimination complaints within any calendar month.

(4) Any grievance or discrimination complaint (or appeal of either) received that causes the adult in custody to exceed the limits described in OAR 291-109-0215(1) or (2) will be considered an improper use of the grievance review and discrimination complaint review systems.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0220 Grievance and Grievance Appeal Submission Requirements

(1) An adult in custody who is unable to resolve a dispute with an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises through informal communication, may seek resolution of their grievance through the department’s internal grievance review system by submitting a written grievance to the institution grievance coordinator using a department-approved grievance form in accordance with these rules. As with informal communications, adults in custody shall use a civil and respectful tone and manner in their written grievances to attempt to resolve the problem or concern.

(a) Instructions for filing grievances and grievance appeals are found on the reverse side of the forms, or the adult in custody may contact the institution grievance coordinator or the law library for assistance.

(b) Functional unit managers or designees shall ensure the approved AIC grievance and grievance appeal forms are readily available to adults in custody in Department of Corrections facilities.

(2) An adult in custody must use their court name when submitting a grievance or grievance appeal, which must be entered in the designated “Name” portion of the form. A secondary name an adult in custody is known by may also be listed underneath their court name on the form by adding “aka” (or “also known as”) before the additional name.

(3) Grievances and grievance appeals must be legible and written within the appropriate space provided. A grievance or grievance appeal may be up to three pages (single-sided) in length. An adult in custody must use a form for each page of the grievance or grievance appeal. Grievances and grievance appeals that are not legible or contain multiple sentences per line will be returned to the adult in custody for correction.

(4) An initial grievance must include a complete description of the incident, issue, or action being grieved, including date and time of the incident, issue, or action being grieved, and the individual responsible for the incident, issue, or action.

(5) An adult in custody may only submit supporting documentation if it directly relates to the incident or issue being grieved, such as program failures, AIC communications, etc. Any supporting documentation should be attached and submitted with the grievance and grievance appeals. An adult in custody may submit no more than five pages (single-sided) of supporting documentation per grievance or grievance appeal. Communication forms seeking a response should not be attached to a grievance and should be submitted separately.

(6) If an adult in custody cannot complete the grievance or grievance appeal form due to physical or mental impairments or language barriers, the adult in custody may contact the law library, institution grievance coordinator, or institution ADA coordinator to request assistance.

(7) An adult in custody may not write a grievance or grievance appeal for another adult in custody unless authorized by the institution grievance coordinator or institution ADA coordinator. However, the adult in custody submitting the grievance or grievance appeal must still sign the form(s).

(8) An adult in custody may submit only their signature on grievance or grievance appeal forms and all pages of the grievance or grievance appeal forms must be signed and dated.

(9) Grievance and grievance appeal forms with foreign substances or potential biological hazards on them will not be processed. They will be disposed of in accordance with the institution’s procedure on biological hazards. If the adult in custody’s name and state identification number (SID) is known, the institution grievance coordinator will notify the adult in custody of the actions taken.

(10) Grievance and grievance appeal forms containing sexually explicit, derogatory, or offensive artwork, drawings, or other sexually explicit material will be returned to the adult in custody for correction.

(11) Grievance and grievance appeal forms containing hostile, sexual, abusive, or threatening language or gestures towards or about another person will be returned to the adult in custody for correction.

History

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0225 Grievance and Grievance Appeals General Processing Standards

(1) The institution grievance coordinator shall date stamp the grievance or grievance appeal form upon receipt. After the grievance or grievance appeal form has been date stamped and recorded, the adult in custody will be issued a return receipt, and if accepted, the grievance or grievance appeal will be forwarded to the appropriate employee or manager for review and response.

(2) Grievances and Grievance Appeals Returned for Correction:

(a) An adult in custody may elect to resubmit a grievance or grievance appeal that has been returned to the adult in custody for correction because the grievance or grievance appeal does not comply with these rules.

(b) The grievance or grievance appeal may only be resubmitted twice and must be received by the institution grievance coordinator within 14 calendar days from the date when the grievance or grievance appeal was originally returned to the adult in custody.

(c) If corrected and resubmitted by the adult in custody, the return receipt and original grievance or grievance appeal must also be attached.

(3) If at any time the institution grievance coordinator determines the adult in custody has pursued or is pursuing the claim through pending litigation in state or federal courts, the grievance process will cease and the grievance or grievance appeal will be closed and returned to the adult in custody. The institution grievance coordinator will retain a copy of the adult in custody’s grievance or grievance appeal and document the date and reason for closure of the grievance.

(4) An adult in custody may withdraw an accepted grievance or grievance appeal by submitting a written request to the institution grievance coordinator at any time during the grievance process. Grievances or grievance appeals that have been withdrawn may only be reopened upon written request within 14 calendar days from when the adult in custody requested to withdraw the grievance or grievance appeal.

(5) A denied grievance or grievance appeal cannot be appealed.

(6) Once an adult in custody’s request for resolution is granted, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing of the grievance or grievance appeal and notify the adult in custody of the conclusion of the administrative review process.

(7) If an adult in custody has filed a Notice of Tort Claim with the Oregon Department of Administrative Services while the adult in custody has an active grievance or grievance appeal on the same incident or issue, and the primary remedy sought is monetary relief, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing and notify the adult in custody of the conclusion of the administrative review process.

(8) The Assistant Director or designee, who is responsible for providing a response in a final grievance appeal under OAR 291-109-0235, may upon approval of the Inspector General or designee, discontinue further processing of the final grievance appeal after the department’s review and response to the initial grievance, or after the department’s review and response to the initial grievance appeal. In such a case, the department will include in its response to the adult in custody’s initial grievance or initial grievance appeal that the department’s response is final, and that no further response or appeal will be provided.

(9) Once an adult in custody has released from the custody of the Department of Corrections, any active grievances or grievance appeals will be responded to and held on file unless other arrangements have been made with the institution grievance coordinator prior to release. No further grievances or grievance appeals will be accepted.

(10) If a grievance or grievance appeal is received by the institution grievance coordinator after the adult in custody has released from the custody of the Department of Corrections, the grievance or grievance appeal no longer complies with these rules and will be denied.

History

Statutory/Other Authority: ORS179.040, 179.321, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS179.040, 179.321, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 2-2021, amend filed 02/01/2021, effective 02/01/2021
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0230 Initial Grievance Appeals

(1) An adult in custody may appeal the initial grievance response using the grievance appeal form.

(a) The initial grievance appeal must include the original grievance, attachments, and employee response(s).

(b) The initial grievance appeal must comply with the timeframes set forth in OAR 291-109-0205.

(d) No new information may be submitted with the initial grievance appeal unless the information was unavailable to the adult in custody at the time the original grievance was filed or if the initial grievance response noted that the information was missing and the submitted information is directly related to the alleged issue or incident being grieved.

(2) After the initial grievance appeal has been date stamped and recorded, the adult in custody will be issued a return receipt. If accepted, the initial grievance appeal will be forwarded to the functional unit manager or designee for review and response.

(3) If an initial grievance appeal is returned to the adult in custody because it does not comply with these rules, the adult in custody may elect to resubmit the initial grievance appeal to the institution grievance coordinator. In order to be accepted, the initial grievance appeal must be received by the institution grievance coordinator within 14 calendar days from the date the initial grievance appeal was sent back to the adult in custody for correction and have the required corrections to bring the initial grievance appeal into compliance with these rules. The return receipt must accompany the resubmitted initial grievance appeal. If corrected and resubmitted, the original grievance appeal and complete packet must also be attached to the initial grievance appeal. Multiple resubmissions may not exceed the initial 14-day timeline.

(4) The functional unit manager or designee shall respond to the adult in custody’s initial grievance appeal within the timeframes set forth in OAR 291-109-0205.

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0235 Final Grievance Appeals

(1) An adult in custody may appeal a functional unit manager’s or designee’s response to an initial grievance appeal using the grievance appeal form:

(a) The final grievance appeal must include the original grievance, initial grievance appeal, attachments and employee response(s).

(b) The final grievance appeal must comply with the timeframes set forth in OAR 291-109-0205.

(d) No new information may be submitted with the final grievance appeal unless the information was unavailable to the adult in custody at the time the original grievance was filed or if the initial grievance response or initial grievance appeal response noted that the information was missing and the submitted information is directly related to the alleged issue or incident being grieved.

(2) After the final grievance appeal has been date stamped and recorded, the adult in custody will be issued a return receipt. If accepted, the final grievance appeal will be forwarded to the Assistant Director or designee having authority to review and resolve the problem or concern.

(3) If a final grievance appeal is returned to the adult in custody because it does not comply with these rules, the adult in custody may elect to resubmit the final grievance appeal to the institution grievance coordinator. In order to be accepted, the final grievance appeal must be received by the institution grievance coordinator within 14 calendar days from the date the final grievance appeal was sent back to the adult in custody for correction and have the required corrections to bring the final grievance appeal into compliance with these rules. The return receipt must accompany the resubmitted final grievance appeal. If corrected and resubmitted, the original grievance appeal and complete packet must also be attached to the final grievance appeal. Multiple resubmissions may not exceed the initial 14-day timeline.

(4) The Assistant Director or designee shall respond to the adult in custody’s final grievance appeal within the timeframes set forth in OAR 291-109-0205.

(5) The Assistant Director’s or designee’s decision on an adult in custody’s final grievance appeal is final and is not subject to further review.

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0240 Improper Use of Grievance Review System

(1) An adult in custody improperly uses the grievance system when they:

(a) Include language that is identified as posing a criminal threat;

(b) Repeatedly submit grievances, discrimination complaints, or appeals of either, that do not comply with the requirements set forth in these rules, including, but not limited to, multiple resubmissions of the same grievance or grievance appeal, multiple untimely grievances, and multiple resubmissions of uncorrected grievances; or

(c) Submit grievances, discrimination complaints, or appeals of either, in excess of the allowed limitations set forth in OAR 291-109-0215.

(2) Administrative Action for Improper Use of the Grievance Review System:

(a) If an adult in custody demonstrates a pattern of improper use of the grievance review system, the functional unit manager or designee will notify the adult in custody in writing that their actions are not in compliance with the department’s rules on Grievance Review System (OAR 291-109) or Discrimination Complaint Review System (OAR 291-006). From the date of the notice, the adult in custody will have 35 calendar days to bring their grievance submissions into compliance with the rules or the adult in custody will be subject to restriction of their access to the grievance review and discrimination complaint review systems as specified in this rule.

(b) Adults in custody who continue to improperly use the grievance review system will be notified by the Inspector General or designee, in writing, that such actions are creating an administrative burden at the expense of legitimate complaints. From the date of this notification, due to their continued improper use of the grievance review or discrimination complaint review systems, the adult in custody will be limited to submitting no more than two active grievances or discrimination complaints at a time, excluding emergency grievances. Any grievances or discrimination complaints submitted that are not in compliance with this restriction will not be processed.

(c) Once the adult in custody has demonstrated compliance for 35 calendar days, the adult in custody may request removal of the administrative restriction by writing to the institution grievance coordinator who will forward the request to the Adult in Custody Complaint Review Committee (AICCRC) for review.

(e) Administrative restrictions are not subject to review through the grievance review or discrimination complaint review systems.

(f) Records of active and inactive notifications of improper use of the grievance review system will be maintained by the institution grievance coordinator or institution discrimination complaint coordinator and will be enforced throughout the department, regardless of the adult in custody’s facility.

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0245 Grievances Related to Sexual Abuse or Sexual Harassment

(1) A grievance related to a claim of sexual harassment or sexual abuse will be immediately subject to investigation that is outside the department’s administrative remedies process.

(3) For purposes of these rules, the term “sexual abuse” is defined as sexual abuse of an adult in custody by another adult in custody and sexual abuse of an adult in custody by an employee.

(a) The term “sexual abuse” includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence or is unable to consent or refuse.

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Contact between the mouth and any body part where an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises has the intent to abuse or arouse.

(H) Voyeurism by an employee, contractor or volunteer of the Department of Corrections or Oregon Corrections Enterprises. Voyeurism by an employee, contractor or volunteer means an invasion of the adult in custody’s privacy by an employee, contractor or volunteer for reasons unrelated to official duties, such as peering at an adult in custody who is using a toilet in their cell to perform bodily functions; requiring an adult in custody to expose their buttocks, genitals, or breasts; or taking images of all or part of an adult in custody’s naked body or of an adult in custody performing bodily functions.

(4) A grievance related to a claim of sexual harassment or sexual abuse will not be considered or counted as a grievance or discrimination complaint under the department’s rules on Grievance Review System (OAR 291-109) or Discrimination Complaint Review System (OAR 291-006).

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Or. Admin. R. 291-109-0250 Retention of Adult in Custody Grievances

(1) The institution grievance coordinator will retain a file copy of grievances with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records.

(2) Grievances will not be filed in the adult in custody’s working file.

(3) Grievances will not be filed in the employee’s working file.

History

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Division 111 ACCESSIBILITY FOR ADULTS IN CUSTODY WITH DISABILITIES

Or. Admin. R. 291-111-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 179.360, 423.020, ORS 423.030, and ORS 423.075.

(2) Purpose: The purpose of these rules is to establish procedures consistent with state and federal law that ensure that qualified adults in custody (AICs) are not excluded from participation in, or denied the benefits of DOC programs, services, or activities, or otherwise subjected to discrimination, because of a disability.

(3) Policy:

(a) It is the policy of the Department of Corrections to ensure that qualified AICs are not excluded from participation in, or denied the benefits of department programs, services, or activities, or otherwise subject to discrimination, because of a disability.

(b) Due to the complex nature of the correctional setting, an AIC who believes they are or have been excluded from participation in, or denied the benefits of, programs, services, or activities, may use the department’s grievance review system.

(c) Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that all AICs be treated fairly and equitably, and that staff actions and decisions be consistent with the rules, policies, and procedures of the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 19-2020, adopt filed 11/09/2020, effective 11/09/2020

Or. Admin. R. 291-111-0110 Definitions

(1) Accessibility request: A request to modify department rules, policies, or practices, to remove architectural, communication, or transportation barriers, or to provide auxiliary aids and services for a qualified AIC with a disability to participate in or access the benefits of department programs, services, or activities.

(2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(3) Americans with Disabilities Act (ADA): The federal law, Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq ., as amended by the ADA Amendments Act of 2008 (Public Law 110-325.)

(4) Auxiliary Aids and Services: Auxiliary aids and services are defined in 28 CFR § 35.104 and include:

(a) Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;

(b) Qualified readers; taped texts; audio recordings; braille materials and displays; screen reader software; magnification software optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;

(d) Other similar services and actions.

(5) Disability: As defined in ORS 659A.104, disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of that individual, a record of such an impairment, or being regarded as having such an impairment. This term shall be construed consistently with ORS 659A.104, including any exceptions and rules of construction.

(6) Institution AIC ADA Coordinator: DOC employee(s) at each institution or facility who are assigned to ensure compliance with state and federal law governing access to department programs, services, and activities for individuals with disabilities, and to respond to AIC ADA grievances.

(7) Major Life Activities: This term shall be construed consistently with ORS 659A.104, including any exceptions and rules of construction, and otherwise includes but is not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(8) Statewide AIC ADA Coordinator: A DOC employee or designee who is designated to carry out the Department’s responsibilities to comply with state and federal anti-discrimination laws concerning incarcerated persons with disabilities, including investigation and resolution of accessibility requests.

History

Statutory/Other Authority: ORS 179.040, 423.030, 423.020, 423.075 & 179.360
Statutes/Other Implemented: ORS 179.040, 423.030, 423.020, 423.075 & 179.360
DOC 19-2020, adopt filed 11/09/2020, effective 11/09/2020

Or. Admin. R. 291-111-0115 Accessibility Requests

(1) An AIC may, at any time while in custody at a DOC facility or under the supervision of DOC while in the community, make an accessibility request to ensure the AIC is not excluded from participation in, or denied the benefits of DOC programs, services, or activities equal access to programs, services, and activities they are otherwise qualified to benefit from or participate in. An accessibility request may include a request for modification of DOC rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services.

(2) DOC programs, services, and activities include, but are not limited to, the following: academic and vocational education, work programs, work release programs, activities, mail, telephone, visiting, library, law library, religious programs, orientation, transportation services, classification, food service, sanitation and hygiene, health care, release, discipline, grievance procedure, and disciplinary hearings, safety and emergency procedures access to court, canteen, and psychological or psychiatric services.

(3) To make an accessibility request, an AIC shall complete and submit an Accessibility Request form as provided in this rule.

(a) An Accessibility Request form may be obtained from any DOC employee.

(b) An AIC who is unable to complete the Accessibility Request form because of disability or inability to write in the English language, may request assistance from an institution AIC ADA coordinator (with the assistance of an interpreter when appropriate).

(4) Staff will refer AICs who are unable to make their needs known to the institution AIC ADA coordinator or correctional counselor for assistance. The institution AIC ADA coordinator will assist the AIC in filling out the Accessibility Request form.

(5) The Accessibility Request form must specify:

(a) The AIC’s specific accessibility request;

(b) What program, service, or activity the AIC is trying to participate in; and

(6) By signing the Accessibility Request form, the AIC is agreeing to cooperate with the entire process and is consenting to an investigation by the institution AIC ADA coordinator(s) which may include review of related protected health information.

(7) Institution AIC ADA coordinators are not health care providers and cannot order medical treatment, medication, surgical procedures, medical or housing restrictions, or health care equipment. An institution AIC ADA Coordinator will deny accessibility requests for those items and will direct the AIC to contact Health Services regarding those items.

(8) The information provided by the AIC, health care providers, or other persons qualified to evaluate the AIC’s disability and needs may be used to determine what accessibility requests, if any, should be approved.

(9) All accessibility requests are reviewed on a case-by-case basis. The institution AIC ADA coordinator will investigate the request prior to making a determination.

(10) An institution AIC ADA coordinator may approve an accessibility request in full, or with an alternative that is agreed to by the AIC. In the event that an institution AIC ADA coordinator does not approve an accessibility request in full or with an alternative that is agreed to by the AIC, the institution AIC ADA coordinator will refer the accessibility request to:

(a) Health Services, or Behavioral Health Services, and the Statewide ADA Coordinator; and

(b) The Statewide ADA Coordinator will review the request to determine whether to approve the accessibility request in full or in part, or to deny the accessibility request.

(11) For any accessibility request, an institution AIC ADA coordinator and/or the Statewide AIC ADA Coordinator shall take into account any legitimate safety or security concerns presented should the request be approved or denied in full or in part, and with or without modifications. The institution AIC ADA coordinator shall also consider any known and existing alternatives that may present lesser safety and security concerns.

(12) An AIC ADA Coordinator may approve an accessibility request even if state or federal anti-discrimination laws do not require it.

(13) The Department may deny an accessibility request that would create an undue burden on DOC or fundamentally alter the nature of the program, service, or activity that would be affected by the accessibility request.

(14) The Statewide AIC ADA Coordinator may request a health services assessment and schedule a meeting or phone conference with the AIC and any involved staff in order to facilitate an interactive process with the AIC.

(15) The assessment process will be interactive and include staff observations, AIC reports, or documentation of an AIC’s disability. Referrals will be made to Health Services or institution AIC ADA coordinators for evaluation.

(16) The accessibility request may be approved, denied, or denied with approval of a reasonable alternative.

(17) AICs will receive a written response to all requests and the institution AIC ADA coordinator will distribute and implement any approved accommodation.

(18) AICs may refuse or discontinue an approved or offered disability accessibility, whether that is a modification to DOC rules, policies, or practices, removal of architectural, communication, or transportation aids, or the provision of auxiliary aids or services.

(19) For a refused accessibility to be reinstated, the AIC must resubmit an accessibility request.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659A.142 & 42 USC § 12132
Statutes/Other Implemented: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659A.142 & 42 USC § 12132
DOC 22-2020, minor correction filed 11/12/2020, effective 11/12/2020
DOC 19-2020, adopt filed 11/09/2020, effective 11/09/2020

Or. Admin. R. 291-111-0125 Americans with Disability Act Grievance process

(1) Allegations regarding alleged ADA accessibility claims will be filed utilizing the process outlined in OAR 291-109 (Grievance Review System). The institution AIC ADA Coordinator will be assigned to assist in the review and investigation of the claim. The grievance will be responded to by the Statewide AIC ADA Coordinator in consultation with the institution AIC ADA Coordinator. Grievance appeals will be processed in accordance with OAR 291-109.

(2) Allegations of inappropriate comments to or about an AIC’s disability will be filed utilizing the process outlined in OAR 291-006 (Discrimination Complaint Review System). The Institution Discrimination Complaint Coordinator, or other assigned staff, will coordinate the investigation. The discrimination complaint will be responded to by the appropriate Functional Unit Manager. The discrimination complaint appeal will be processed in accordance with OAR 291-006.

(3) AICs have the right to correspond with and receive a response from an institution AIC ADA Coordinator or the Statewide AIC ADA Coordinator regarding concerns of disability discrimination or any ADA related matter.

(4) The institution AIC ADA Coordinator cannot be grieved for claims involving medical treatment or the scope and quality of medical care. Grievances claiming such issues shall be made against the appropriate Health Services provider.

History

Statutory/Other Authority: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659a.142 & 42 USC § 12132.
Statutes/Other Implemented: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659a.142 & 42 USC § 12132.
DOC 19-2020, adopt filed 11/09/2020, effective 11/09/2020

Division 113 EDUCATION AND TRAINING PROGRAMS

Or. Admin. R. 291-113-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 421.084, 423.020, 423.030, 423.075, and 423.085.

(2) Purpose: The purpose of this rule is to establish uniform requirements for the correctional education programs offered in Department of Corrections facilities.

(3) Policy: It is the policy of the Department of Corrections, within the resources available, to provide educational programs that are responsive to the assessed needs of adults in custody (AICs).

(a) Pursuant to ORS 179.750(2), there will be no discrimination in the provision of education facilities and services in state institutions, including those administered by the Department of Corrections, on the basis of age, race, religion, gender, gender identity, marital status, national origin, disability, or any other protected class. Criteria for selection and assignment to these programs shall be equitable and nondiscriminatory for all participants based on the adult in custody’s interest, academic need, aptitude, prior academic record, and career goals as identified at the time of admission to a Department of Corrections facility.

(b) Pursuant to ORS 421.084, adult basic skills development education is mandatory for all adults in custody testing below the 8.0 grade equivalency on a standardized reading test approved by the National Reporting System for Adult Education of the United States Department of Education and by the Adult Basic Skills Program of the Office of Community Colleges and Workforce Development except for adults in custody:

(A) Sentenced to or otherwise confined by the Department of Corrections for less than one year;

(B) Sentenced to life imprisonment without parole;

(D) With developmental disabilities; or

(E) Who are specifically exempted by the Department of Corrections for security or health reasons.

(c) Participation in educational programs is by mutual agreement between the adult in custody and the appropriate institutional staff including, but not limited to, admission and orientation, education, and security. Reassessment may also be conducted at the request of the AIC, educational staff, or the AIC's counselor at any subsequent time.

History

Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 7-2003, f. & cert. ef. 4-2-03
CD 9-1994, f. 3-18-94, cert. ef. 4-1-94
CD 24-1986, f. & ef. 8-5-86
CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86
CD 56-1981, f. & ef. 12-10-81
CD 27-1981(Temp), f. & ef. 6-30-81
CD 4-1980, f. & ef. 3-28-80
CD 14-1978, f. & ef. 7-21-78
CD 10-1978(Temp), f. & ef. 5-5-78

Or. Admin. R. 291-113-0010 Definitions

(1) Adult Basic Education (ABE): Also known as Adult Basic Skills Development (ABSD), includes reading, writing, math, speaking and listening in English, and the adult secondary education general education development test (GED).

(2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(3) Assessment: As applied in this rule, a test designed to measure the grade-level or scaled score achievement of the person tested as approved by the Oregon Higher Education Coordinating Commission (HECC).

(4) Correspondence Courses: A course provided by an accredited college, university, or industry-recognized vocational program, under which the program provides instructional materials by mail, including examinations on the materials, to students who are separated from the instructor.

(5) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(6) Post-Secondary Education: A post-secondary course of studies offered through a college, university, trade school, vocational school, or correspondence courses and approved by the department’s Education and Training Administrator.

(7) Reading Literacy: A program targeted to those AICs scoring below an 8.0 grade equivalency reading level on a HECC-approved standardized assessment.

(8) Work-Based Education (WBE): Programs that provide academic and technical skills, knowledge, and hands-on training that can assist adults in custody in obtaining employment after release. These programs, if successfully completed, provide industry-recognized certification or college credit.

History

Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 12-2004, f. & cert. ef. 10-21-04
DOC 7-2003, f. & cert. ef. 4-2-03
CD 9-1994, f. 3-18-94, cert. ef. 4-1-94
CD 24-1986, f. & ef. 8-5-86
CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86
CD 19-1983, f. & ef. 5-2-83
CD 56-1981, f. & ef. 12-10-81
CD 27-1981(Temp), f. & ef. 6-30-81
CD 4-1980, f. & ef. 3-28-80
CD 14-1978, f. & ef. 7-21-78
CD 10-1978(Temp), f. & ef. 5-5-78

Or. Admin. R. 291-113-0015 Post-Secondary Education Program

(1) Post-secondary college and university programs are not funded by the department. Post-secondary programs are provided by community colleges or universities or through correspondence courses and must be approved by the department’s Education and Training Administrator.

(2) Correspondence courses:

(a) AICs must follow the institution rules regarding mailroom and package authorization.

(b) All correspondence courses must be reviewed and approved by both the institution Education Manager or designee and the department’s Education and Training Administrator or designee before an AIC may enter into a correspondence course.

(c) If the resources are available, the institution education unit or other department staff may assist with proctoring tests and preparing callouts for viewing media. Resources will differ from facility to facility.

(3) DOC will work together with colleges and universities to provide post-secondary education opportunities as resources allow. All classes offered by colleges and universities must be approved by and coordinated through the department’s Education and Training Administrator or designee.

(4) New students will complete and apply for the college or university program that is offering department-approved classes.

(5) The college or university along with the department’s Education and Training Administrator or designee will select students for the program based on the following selection criteria including, but not limited to:

(a) High school diploma or GED;

(b) Prior institutional behaviors or conflicts; and

(6) Classes may be cancelled at any time due to safety, security, staffing, or other conditions that impact institution operations.

(7) Program Removals:

(a) An AIC may be removed from the class or the program based on:

(A) Class or institution conduct;

(B) Their grades, per the college’s or university’s policy on academic performance; or

(b) The AIC may be allowed to return to class after a review by the college or university program director, an institution representative, and the department’s Education and Training Administrator.

(c) An AIC may reapply for the college or university program after at least one year has passed since their program removal.

History

Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 7-2003, f. & cert. ef. 4-2-03
CD 9-1994, f. 3-18-94, cert. ef. 4-1-94
CD 24-1986, f. & ef. 8-5-86
CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86
CD 19-1983, f. & ef. 5-2-83
CD 56-1981, f. & ef. 12-10-81
CD 27-1981(Temp), f. & ef. 6-30-81
CD 4-1980, f. & ef. 3-28-80
CD 14-1978, f. & ef. 7-21-78
CD 10-1978(Temp), f. & ef. 5-5-78

Or. Admin. R. 291-113-0021 Work-Based Education (WBE) Training Programs

(1) Selection criteria for entry into WBE training programs:

(a) A high school diploma or GED;

(b) Level 5 or higher educational functional level for reading and math as defined by the National Reporting System for Adult Education; and

(2) Exceptions to the selection criteria will be considered on a case-by-case basis and must be approved by the institution education director and the department’s Education and Training Administrator.

(3) Priority will be given to candidates who are no more than three years and no less than one year from their projected release date and have not participated in another WBE training program at any time during any incarceration.

(4) An AIC’s continuing participation in any WBE program in a Department of Corrections facility is contingent upon satisfactory and timely progress as evaluated by the instructor(s) and the WBE training program education director on an ongoing monthly basis.

(5) Program Removals:

(a) An AIC may be removed from a WBE training program based on:

(A) Program or institution conduct;

(B) Performance; or

(b) An AIC may be returned to the program after a review by the WBE training program education director, the instructor, and the institution Correctional Rehabilitation Manager or Assistant Superintendent of Security Operations or their designee.

History

Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 7-2003, f. & cert. ef. 4-2-03

Or. Admin. R. 291-113-0030 Vocational and Apprenticeship Programs

(1) Selection criteria for entry into an apprenticeship or vocational program is based upon the specific program and may include the following:

(a) Oregon BOLI (Bureau of Labor and Industry) or industry requirements for the training in accordance with OAR 839-011 Apprenticeship and Training Council;

(b) Conduct history, security issues, or conflicts; and

(2) An AIC’s continuing participation in any vocational or apprenticeship program is contingent upon satisfactory and timely progress.

(3) An AIC may be removed from a vocational or apprenticeship program based on class or institution conduct or safety and security concerns. The decision to remove an AIC from the program will be made by the instructor of the class and DOC facility staff.

History

Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 7-2003, f. & cert. ef. 4-2-03
CD 9-1994, f. 3-18-94, cert. ef. 4-1-94
CD 24-1986, f. & ef. 8-5-86
CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86
CD 19-1983, f. & ef. 5-2-83
CD 56-1981, f. & ef. 12-10-81
CD 27-1981(Temp), f. & ef. 6-30-81
CD 4-1980, f. & ef. 3-28-80
CD 14-1978, f. & ef. 7-21-78
CD 10-1978(Temp), f. & ef. 5-5-78

Or. Admin. R. 291-113-0035 Adult Basic Education (ABE) Programs

(1) The ABE program is available to AICs based on identified need. Need will be determined through a recognized assessment as required by 291-113-0005 to determine the reading and math literacy level or scaled score achievements of the AIC. The assessment level or scaled score will be used for correct placement of the individual in the ABE program. Those unable to test will be given further assessment at the facility in which they reside and will be recommended for appropriate programming.

(2) ABE program participation will be based on AIC need as identified in their case plan.

(a) AICs who do not have a high school diploma or GED credential will be entered into the ABE program.

(b) In accordance with ORS 421.084, the reading literacy program is mandatory for AICs scoring below the 8.0 grade equivalency on a standardized reading test approved by the National Reporting System for Adult Education of the United States Department of Education and by the Adult Basic Skills Program of the Office of Community Colleges and Workforce Development. AICs who have their high school diploma or GED but score below the 8.0 grade equivalency will be placed into a reading program until the student achieves a reading score at or above the 8.0 grade equivalency reading level.

(3) After one year without a level gain, an initial review will be completed by the facility education team including, but not limited to, the instructor(s), the Education Director, and the student’s institution counselor. This review will identify what prevented the student from achieving a level gain (for example, outside factors or instructional practices). After this initial review, the student will be included in developing an education plan for moving forward. These reviews will continue each year of no level gains.

History

Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 7-2003, f. & cert. ef. 4-2-03
CD 9-1994, f. 3-18-94, cert. ef. 4-1-94
CD 24-1986, f. & ef. 8-5-86
CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86
CD 56-1981, f. & ef. 12-10-81
CD 27-1981(Temp), f. & ef. 6-30-81
CD 4-1980, f. & ef. 3-28-80
CD 14-1978, f. & ef. 7-21-78
CD 10-1978(Temp), f. & ef. 5-5-78

Division 117 PERSONAL PROPERTY (AIC)

Or. Admin. R. 291-117-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish policy and procedures for inmates in Department of Corrections facilities, to acquire, possess, store and dispose of property consistent with sound correctional practices and the safe, secure, orderly and efficient operation and management of Department facilities.

(3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that inmates are authorized to acquire, possess, store and dispose of property in accordance with and subject to the procedures and restrictions set forth in these rules. Primary objectives of these rules are:

(a) To provide for the processing of inmate personal property in a prompt, orderly and efficient manner;

(b) To prevent the introduction and creation of contraband or articles which could constitute a safety and/or security hazard;

(c) To limit the amount of personal property which may be acquired and retained consistent with sound correctional practices, taking into consideration available space, accountability, fire, health, safety, sanitation, and security needs;

(d) To provide for the safekeeping, storage, or disposal of inmate personal property; and

(e) To allow personal property to transfer with an inmate from one Department of Corrections facility to another Department of Corrections facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04
CD 22-1992, f. & cert. ef. 10-9-92
CD 11-1992(Temp), f. 3-31-92, cert. ef. 4-15-92
CD 14-1987, f. & ef. 2-6-87
CD 21-1985, f. & ef. 8-2-85
CD 11-1983, f. & ef. 2-18-83
CD 9-1981, f. & ef. 5-5-81
CD 3-1981(Temp), f. & ef. 2-5-81
CD 18-1978, f. 8-21-78, ef. 8-23-78

Or. Admin. R. 291-117-0008 Definitions

(1) Authorized Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other necessary documents (including discovery and exhibits), in or directly pertaining to an inmate's own pending and active case(s), lawsuit(s) before the courts or paroling authorities.

(2) Contraband: Any article or thing which an inmate is prohibited by statute, rule or order from obtaining, possessing, creating, or which the inmate is not specifically authorized to obtain or possess or which the inmate alters without authorization.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations.

(5) General Population Housing: Cell or dormitory housing for general population inmates whose assignment is not restricted or segregated for disciplinary or programming reasons.

(6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(7) Special Housing: Housing for inmates whose assignment is administrative segregation, disciplinary segregation, Special Management Unit, Infirmary, Intensive Management Unit, and Death Row.

(8) Staff Chaplain: A person employed full-time or contracted by the Department of Corrections to provide religious services to inmates in Department of Corrections facilities.

(9) State-Issued Property: Items that are issued to the inmate by the department for his/her personal use.

History

Statutory/Other Authority: ORS 170.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04
CD 22-1992, f. & cert. ef. 10-9-92
CD 11-1992(Temp), f. 3-31-92, cert. ef. 4-15-92
CD 14-1987, f. & ef. 2-6-87

Or. Admin. R. 291-117-0070 Inmate Property (General)

(1) Each Department of Corrections facility shall have a specific location(s) where inmate property may be securely stored when not in the possession of the inmate and where property records are maintained.

(2) Property Limit: Inmate property shall not exceed the capacity of storage space located in the inmate’s assigned housing area and designated by the functional unit manager/designee for the storage of inmate personal property. Designated storage space includes, but is not limited to, drawers, storage box(es), cabinet(s), shelf(ves), clothing hook(s), or under the bunk. Inmates shall be informed of the storage space capacity of the facility where they are assigned.

(3) All inmate property shall be stored neatly in designated storage space(s) when not in use.

(4) All unbound paper products shall be cleared from open areas when not in use, and placed in designated storage, except as authorized by the functional unit manager/designee.

(5) Inmates are solely responsible for the care and safekeeping of their personal property while it is in their possession.

(6) All personal property must be acquired through authorized means.

(7) Property items offered as part of a non-cash incentive program will be handled in accordance with theses rules and the department’s rule on Performance Recognition and Award System (Inmate) (OAR 291-077).

(8) Inmates are responsible for retaining canteen receipts for property purchased after the effective date of this rule. Receipts shall be retained as proof of purchase for as long as the property is in the inmate’s possession.

(9) Inmates are required to retain authorization slips for property acquired though any other approved process after the effective date of this rule. Slips shall be retained as proof of authorization for as long as the property is in the inmate’s possession.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0080 Authorized Inmate Property

(1) Each inmate may possess authorized personal property and state-issued clothing not to exceed the capacity of the designated storage space located in the inmate’s assigned housing area. Each inmate is authorized to possess only the following personal property items:

(a) One television;

(b) One CD player;

(d) One radio/tape player (boom box): An existing radio/tape player (boom box) acquired through authorized means and possessed by the inmate prior to the effective date of this rule may be retained by the inmate until transfer or release.

(e) One alarm clock;

(f) Jewelry: One plain, smooth wedding band, without stones or protrusions (must be married to possess), and one watch purchased through the canteen;

(g) Religious Items: Items authorized for religious use by inmate in accordance with the rule on Religious Activities (Inmate) (OAR 291-143) that are purchased through the canteen or authorized in writing by the staff chaplain;

(h) One acoustic guitar or other stringed instrument similar to and no larger than a guitar ordered/purchased through the canteen, and supporting equipment as appropriate (e.g., instrument strap, case, pitch pipe, and plastic picks),

(A) Instrument strings will be available for purchase through the facility canteen on a one for one exchange basis.

(B) Existing electric guitar and supporting equipment acquired through authorized means and possessed by the inmate prior to the effective date of this rule may be retained by the inmate until transfer or release.

(i) Personal and authorized books, magazines, newspapers, photos, personal mail, and any item purchased through the canteen or another approved process;

(j) Authorized legal material;

(k) Medical prosthesis approved by Health Services;

(l) Cosmetic Appliances (where authorized pursuant to subsection (4) of this rule): One electric hair dryer, one electric curling iron/brush, and one electric flat iron for hair;

(m) Oregon driver’s license (for individual inmates assigned to minimum security facilities who have received written authorization from the functional unit manager/designee for work-related activity); and

(n) Personal Clothing: An inmate participating in an approved work release program at a minimum security facility may be authorized by the functional unit manager/designee to possess additional items of personal clothing necessary for the approved work activity.

(2) The following items are not subject to the space restrictions listed in this rule:

(a) One electric guitar and supporting equipment;

(b) One acoustic guitar and supporting equipment;

(d) One radio/tape player (boom box); and

(e) Medical prosthesis approved by Health Services.

(f) Other items may be exempted from designated storage limits as approved by the functional unit manager/designee.

(3) Inmate personal property authorized at one Department of Corrections facility is authorized at all Department of Corrections facilities, except for the following items that are not allowed to transfer: 13-inch television, radio/tape player (boom box), electric guitar and supporting equipment, cosmetic property (unless also authorized at the facility to which the AIC is transferred pursuant to subsection (4) of this rule), or other property approved as an institution-specific incentive property item (pilot project) until such time as the item is approved for all facilities departmentwide.

(4) Certain inmate personal property items may be authorized at only specific Department of Corrections facilities, based on facility infrastructure or physical plant design and capacity considerations.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2023, amend filed 02/08/2023, effective 02/08/2023
DOC 9-2022, temporary amend filed 10/25/2022, effective 10/25/2022 through 04/22/2023
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0090 Authorized Inmate Property at Initial Intake

(1) Each inmate received at intake shall possess only the following personal property items while awaiting assignment to an appropriate facility within the state system:

(a) Medical prosthesis as approved by Health Services (includes prescription eyeglasses);

(b) One plain smooth wedding band, without stones or protrusions (must be married to possess); and

(2) All property received will be inspected and inventoried. Unauthorized property or excess property will be handled in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140)

(3) Money in the inmate’s possession shall be received and processed in accordance with the Department of Corrections rule on Trust Accounts (Inmate).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0100 Authorized Legal Property

(1) Each inmate is authorized to possess in his/her living quarters, and in the facility law library, legal material in or directly pertaining to his/her own pending and active case(s)/lawsuit(s) before the courts or paroling authorities. The authorized legal material shall not exceed the capacity of storage container(s) designated by the functional unit manager/designee for storage of inmate personal property. If an inmate exceeds the capacity of available storage in his/her living quarters, additional authorized legal storage container(s) will be available for purchase (limit two). Additional legal storage containers shall only be used to store an inmate’s authorized legal materials.

(2) Prior to an inmate being allowed to purchase additional legal storage container(s), the inmate must send a written request to the staff member(s) designated by the functional unit manager/designee.

(a) The staff member will verify the requesting inmate has authorized legal materials that exceed the designated storage capacity of the inmate’s living quarters. The staff member will also verify the number of legal storage containers the inmate needs for the storage of his/her authorized legal materials.

(b) Once verified, the inmate will follow the procedure designated by the functional unit manager/designee regarding the purchase of authorized legal storage containers.

(3) Indigent Inmates: An inmate lacking sufficient funds in his/her trust account to pay for an additional storage container(s) for storage of authorized legal material in his/her living quarters will be provided with additional storage container(s) upon written request to the staff member(s) designated by the functional unit manager/designee. The written request must be accompanied by a signed Inmate Withdrawal Request form (CD 28). The inmate’s trust account will be debited for collection of the cost(s) of the container(s) as funds become available.

(4) Excess Authorized Legal Material: If an inmate accumulates large amounts of authorized legal material that exceeds the capacity of storage available to the inmate in his/her living quarters, a reasonable amount of secure space for storage of excess authorized legal material will be provided for inmate use, on an as-needed and availability basis, in storage areas designated by the functional unit manager/designee. The following procedures will be utilized to provide for the inmate's access to and security of such materials:

(a) Inmate Organizes His/Her Own Legal Materials: The inmate shall organize and inventory his/her authorized excess legal material by case name and number, and place the material in storage containers approved by the department. All approved storage containers shall be labeled with the inmate's name, SID number, and with the case name and number. Designated staff will secure the storage containers. The inmate shall complete an Excess Authorized Legal Material Inventory List (CD 1242a). The original shall be retained with the library coordinator/designee, one copy shall be retained by the inmate, and one copy shall be placed with the stored material. Upon completion of the inventory list, the material shall be collected by designated staff and placed in a designated storage area(s).

(b) Only legal material in or directly pertaining to the inmate's own pending and active case(s)/lawsuit(s) before the courts or paroling authorities, shall be authorized for storage. The inmate may not store case law, legal texts or books, or multiple copies of legal material as excess active legal material. Any material which is determined by staff, with the assistance of legal counsel where necessary, to not directly pertain to the inmate's own pending and active case(s)/lawsuit(s) shall be collected by designated staff and placed in a standard storage box(es) for storage pending disposition as directed and approved in writing by the functional unit manager.

(c) Staff Orders Inmate to Organize His/Her Own Legal Materials: Upon receiving a written order from staff, an inmate shall have a reasonable period of time, not to exceed one week (seven calendar days), except as authorized by the functional unit manager/designee, within which to organize and inventory his/her legal material, and complete an Excess Authorized Legal Material Inventory List (CD 1242a).

(A) In the event the inmate refuses to organize and inventory his/her excess authorized legal material as ordered, the inmate shall receive a misconduct report and the material will be collected by designated staff and placed in a standard storage box(es) for storage. The box(es) will be labeled with the inmate's name and SID number and marked "Legal Material" and stored in a designated storage area.

(B) The inmate shall not have access to the stored material until he/she agrees to properly organize and inventory the material as ordered. In such event, the inmate will be permitted a reasonable amount of time for this activity, not to exceed one week (seven calendar days).

(C) In no event will such material be destroyed or removed from the facility by staff except as authorized and directed in writing by the inmate, in accordance with procedures for disposition of inmate personal property provided in this rule, or as directed and approved in writing by the functional unit manager.

(d) An inmate will be permitted reasonable access to his/her stored excess authorized legal material. An inmate may request his/her authorized legal material from designated storage at any time upon showing written documentation that an imminent court deadline (within 30 days) exists, or once each month, on an exchange basis, (e.g., by trading an equivalent amount of authorized legal material from his/her assigned cell or housing area or from the facility law library). The request must be directed to and approved by the facility library coordinator, and identify the specific material(s) requested by case number and name. Removal and exchange of excess authorized legal material from designated storage outside the facility law library shall be documented on the Excess Authorized Legal Material Inventory List (CD 1242a) and a Legal Material Transaction form (CD 1242). Both the inmate and the responsible staff shall sign the inventory list and transaction forms.

(e) Approved storage containers are property of the department. The approved storage containers will not be removed from the designated storage areas. Inmates will only be allowed to remove their own legal materials under staff supervision.

(5) Possession of Authorized Legal Material by Assigned Inmate Legal Assistants: Assigned inmate legal assistants are authorized to receive and possess legal material pertaining to another inmate's pending and active case(s)/lawsuit(s), only in the facility law library, at the request of the inmate seeking assistance. Possession of such legal material shall be for purposes of assisting the inmate with legal research and the preparation and filing of legal documents with the courts and paroling authorities.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0110 Transfers

(1) Authorized inmate personal property items shall be allowed to transfer with the inmate to any Department of Corrections facility, except for the following items:

(a) 13-inch television;

(b) Radio/tape player (boom box);

(d) An item approved as an institution specific ‘incentive property’ item (pilot project) until such time as the item is approved for use at all department facilities.

(2) State-issued property shall not transfer with the inmate.

(3) Responsibility of the Sending Facility:

(a) Designated staff shall order an inmate in general population housing to prepare his/her property for transport. In such case, the property will not be inventoried until the time it reaches the receiving facility.

(b) If the inmate is in special housing, unable, or refuses to prepare the property for transfer, staff will inventory and prepare the property for transport. The designated staff shall fill out a Personal Property Inventory List CD 611 (male inmate) or CD 306 (female inmate). The form will be signed by the staff inventorying the property. Time and date shall be logged on the form. The form will be kept on file for a period of three years. A copy of the form shall be placed with the property in the designated bag/container for transporting of property.

(4) Responsibility of the Receiving Facility:

(a) Designated staff will inspect all property received. If a Personal Property Inventory List is included with the property, staff will verify the property received against that listed on the inventory list. Any discrepancy shall be noted.

(b) If an inventory list is not included with the property, staff shall inventory the property. The designated staff shall fill out the Personal Property Inventory List. Time and date shall be logged on the form. The form will be signed by the staff recording the inventory. The form will be signed by the inmate when the property is released.

(c) If the inmate refuses to sign the form, that fact will be noted on the form by the staff taking the inventory and by a second staff present. The inmate will receive a copy of the inventory form. The form will be kept on file for a period of three years.

(d) Any property received that is in excess of the allowed storage capacity of the receiving facility shall be considered excess property and shall be handled in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140).

(5) Generally, property will be transferred at the same time the inmate is transferred. Property that does not fit on the department’s transport vehicle at the time of transfer will be transferred at a later date. Transport officers are responsible for inmate property from the time the property is picked up at the sending facility until it is dropped off at the receiving facility.

(6) Transfers to Facilities Other Than Department of Corrections: If the inmate is transferred to a facility other than the Department of Corrections, it shall be the responsibility of the inmate to make arrangements to have the property mailed out or picked up by a designated individual. The inmate shall be responsible for the cost of postage to mail the item(s). If the inmate has not made these arrangements 45 days from the date of transfer, the property shall be disposed of as excess property in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0120 Control of Property

(1) Property must be kept in authorized areas. Property in unauthorized areas shall be considered contraband and unauthorized property, and shall result in confiscation of the item and/or disciplinary action.

(2) There shall be no pictures/drawings of nudity, genitalia, or depictions of sexual acts displayed in an inmate’s living quarters.

(3) An inmate shall not alter or otherwise tamper with or use any personal property item for other than the item’s intended purpose. Unauthorized alteration or use of an authorized personal property item for other than its intended purpose may result in confiscation of the item and/or disciplinary action.

(4) An inmate shall not give, receive, loan, sell, or otherwise exchange property with another inmate, except as authorized in OAR 291-117-0100 (Possession of Authorized Legal Material by Assigned Inmate Legal Assistants).

(5) When an inmate is moved from general population to special housing, his/her personal property shall be inventoried, secured, and stored until such time that the inmate is released back to general population or transferred. Staff shall utilize the Personal Property Inventory List CD 611 (male inmate) and CD 306 (female inmate) for such purposes.

(6) When an inmate is transported from the facility for court appearances, medical trip or other authorized trip for a period longer than 24 hours, his/her personal property shall be inventoried, secured, and stored until such time the inmate returns to the facility. Staff shall utilize the Personal Property Inventory List CD 611 (male inmate) or CD 306 (female inmate) for such purposes.

(7) An inmate may arrange through designated staff to dispose of personal property at the inmate’s expense. Disposition may include arrangements for pick up at the facility by a designated individual, or donation to an organization, if authorized by the functional unit manager/designee. Any costs associated with disposition of the property will be the responsibility of the inmate.

(8) Any inmate being released on parole, post-prison supervision, or expiration of sentence shall take all personal property with him/her at the time release. The inmate shall confirm in writing receipt of the property.

(9) The department may dispose of property only within the context of these rules. Disposition of property may include destruction or donation of such property.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0130 Limitations on Value/Liability/Inmate Personal Property Claims

(1) No inmate may possess any single item of personal property that exceeds $100 in value, excluding one television, one approved musical instrument, one approved graphing calculator; and approved medical prosthesis. No inmate may possess personal property the aggregate value of which exceeds $1000, excluding approved medical prosthesis. When determining the aggregate value of inmate property, the inmate may be required to produce receipts or authorization slips for any item valued at $75 or greater.

(2) Each inmate is responsible for his/her own authorized property. In permitting inmates to retain items of personal property while incarcerated, the Department of Corrections accepts no liability for the theft, loss, damage, or destruction of such property resulting from the intentional, willful, reckless or negligent act or activities of any inmate which exposes such property to loss, damage, theft or destruction.

(3) An inmate’s authorized personal property that may have been lost, damaged, or destroyed because of operations of the department shall be reported by the inmate immediately upon discovery. Upon receiving an inmate’s report or grievance, the department shall conduct an investigation. Following completion of the investigation, the department may in its sole discretion, and without admission of liability, replace an inmate’s personal property that is lost, damaged or stolen while the inmate is incarcerated in a department facility, subject to the following limitations:

(a) The department may replace an item with an identical or similar item when the value of the item that is lost, damaged or stolen may reasonably be determined by the department.

(b) The department will not replace an inmate’s personal television or musical instrument.

(4) Nothing in this rule is intended to preclude an inmate from seeking resolution to a personal property claim through the Oregon Tort Claims Act administered by the Oregon Department of Administrative Services Risk Management Division.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2006, f. 10-18-06, cert. ef. 11-1-06
DOC 6-2004, f. & cert. ef. 7-19-04

Or. Admin. R. 291-117-0140 Disposition of Inmate Property

(1) Disposition of Unauthorized/Excess Property at Intake:

(a) Items that are not authorized and considered not dangerous shall be packaged and mailed out at the inmate’s expense. If the inmate lacks sufficient funds to mail out the property, arrangements may be made for the property to be picked up at the facility by a person designated by the inmate. Otherwise, the department shall mail out the property to a person designated by the inmate, and the inmate’s trust account shall be debited.

(b) To permit the department to mail out an inmate’s property, the inmate must provide staff with the name and street address of the person designated by the inmate to receive the property. If the property is returned because it is undeliverable, e.g., mail refused or no such address, the department shall make a second attempt to mail out the property if the inmate provides staff with an alternate address. If the property is returned to the facility a second time, the department shall confiscate the property and discard it.

(c) The department will not mail out any item(s) considered dangerous or hazardous including, but not limited to, ammunition, knives, lighters, and batteries. Oregon Trail cards will not be mailed out. Oregon Trail cards shall be processed as agreed upon by the department and the Department of Human Services.

(d) All items identified for mailing out/disposal shall be noted on the Personal Property and Clothing Inventory List (CD 353-C). The form shall be signed by the staff inventorying the property and the inmate.

(e) The form will be kept on file for a period of three years. A copy of the inventory form will accompany the item(s) mailed out.

(2) Disposition of Excess Property:

(a) Inmate personal property that exceeds the capacity of the facility’s designated storage space shall be considered excess property. Excess property shall be mailed out at the inmate’s expense or discarded. Excess property that is not mailed out or discarded at the direction of inmate shall be considered contraband, and may result in confiscation of the item(s) and/or disciplinary action.

(b) Staff shall direct inmates in writing to bring their aggregate property within the capacity of designated storage space. The facility will hold an inmate’s excess property for no more than 45 days following the date of staff’s written order directing the inmate to mail out or dispose of the inmate’s excess property. If after 45 days the inmate has not made arrangements to mail out or dispose of the item(s), the department shall confiscate the property as contraband and discard it.

(3) Disposition of Unclaimed Property: Inmate personal property items that the department cannot identify as the property of a specific inmate shall be confiscated and held by the department for no more than 45 days. If after 45 days the property items remain unclaimed, the department shall discard the items.

(4) Disposition of Abandoned Property:

(a) Upon the Inmate’s Release or Death: Inmate personal property that is left with the department upon an inmate’s release from a department facility or death shall be processed and disposed of as follows:

(A) Staff will secure, inventory, and place the inmate’s property in a secure area.

(B) Staff will attempt to contact the person(s) on the inmate’s notification record to take possession of the property. If contact is made with the person(s), and if the person decides to claim and take possession of the inmate’s property, the person must make arrangements with the designated staff to pick up the property at the facility or for the property to be mailed to the person. If the person picks up the property at the facility, the person must sign and provide staff with a property receipt before taking possession of the property. If the person makes arrangements to take delivery of the property by mail, the property will be mailed to the person certified mail, return receipt requested. Staff will document the property transfer, and place and maintain the property inventory and signed property receipt (or, in the case of mailing, the certified mail return receipt) in the inmate’s institution file and such other files, if any, that the facility maintains for such records.

(C) The department will store the inmate’s property for no more than 45 days following the inmate’s release or death. If after 45 days the property remains unclaimed, the department shall confiscate the property and discard it.

(b) Upon the Inmate’s Escape:

(A) The department is not responsible for any loss or damage to inmate personal property that is left with the department upon an inmate’s escape from an ODOC confinement or custody.

(B) In the event of escape, the inmate’s property shall be confiscated, searched, inventoried and placed in evidence or property room in a secure area.

(C) If the inmate is not returned to the custody of the department within 45 days, and the property is not being held for evidence, the department shall discard the property.

(c) Voluntary Abandonment: Inmate personal property that is voluntarily abandoned by an inmate during confinement in an ODOC facility shall be disposed of as excess property.

(d) Funds held in the inmate’s trust account shall be disposed of in accordance with the department’s rule on Trust Account (Inmate) (OAR 291-158).

(e) Books and Shoes: Abandoned books will be stamped as department property and placed in the facility library. Abandoned shoes will be discarded.

(5) Disposition of Property Held as Evidence: Inmate personal property items that have been confiscated and held by the department as evidence in a disciplinary investigation shall be returned to the inmate upon conclusion of the investigation and any subsequent disciplinary hearing/case, if the inmate is found not to have violated the rules of prohibited inmate conduct, and the property item(s) is not classified as contraband.

(6) Disposition of Certain “Valuable” Property Items: Notwithstanding the dispositional rules set forth above, the department shall hold jewelry, approved religious items, and any other functional inmate property item that cost $75 or more, excluding books and shoes, for a period of no more than two years. If after two years the property remains unclaimed, the department shall confiscate and dispose of the item(s).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2006, f. 10-18-06, cert. ef. 11-1-06
DOC 6-2004, f. & cert. ef. 7-19-04

Division 119 INVENTIONS, MANUSCRIPTS AND/OR COMPOSITIONS (AIC)

Or. Admin. R. 291-119-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 147.275, 179.040, 421.095, 423.020, 423.030 and 423.075.

(2) Purpose: To support and encourage inmate efforts to patent, copyright, publish, exhibit and sell products which are constructive and contribute positively to the quality of life. Other efforts by the inmate which involve profit from criminal activity will neither be supported nor encouraged.

(3) Policy: In accordance with ORS 421.095, the Department of Corrections shall facilitate, if requested to do so, and in no way inhibit, if assistance is not requested, an inmate’s efforts to patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or composition(s) or any rights thereto. An inmate’s activities toward the development of an invention, manuscript, and/or composition will be controlled by other Department of Corrections rules or procedures governing the security and control of a Department of Corrections facility. No employee of the Department of Corrections may profit or benefit in any way from the development and/or the patenting, copyrighting, publishing, exhibiting, sale, or other disposition of an inmate’s invention(s), manuscript(s), and/or composition(s).

History

Statutory/Other Authority: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075
CD 32-1993, f. 12-16-93, cert. ef. 1-3-94
CD 15-1987, f. & ef. 2-6-87
CD 54-1985, f. & ef. 8-16-85
CD 59-1981, f. & ef. 12-21-81
CD 21-1981(Temp), f. & ef. 6-30-81
CD 38-1978, f. & ef. 12-12-78

Or. Admin. R. 291-119-0010 Definitions

“Inmate”: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

History

Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075
CD 32-1993, f. 12-16-93, cert. ef. 1-3-94
CD 15-1987, f. & ef. 2-6-87
CD 54-1985, f. & ef. 8-16-85
CD 59-1981, f. & ef. 12-21-81
CD 21-1981(Temp), f. & ef. 6-30-81
CD 38-1978, f. & ef. 12-12-78

Or. Admin. R. 291-119-0015 Resources

(1) Any inmate may patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or documents, providing the material utilized in its production is the property of the inmate.

(2) Equipment, supplies, and other resources that are the property of the State of Oregon cannot be utilized in the production of items offered for sale or other disposition by the inmate, except as may be authorized by other Department of Corrections rule and/or procedure.

(3) Before attempting to patent, copyright, publish, exhibit, sell, or otherwise dispose of an invention, manuscript, or composition, an inmate shall obtain a written statement from the functional unit manager or designee, that the item(s) to be so used or disposed of is, to the best knowledge and belief of the manager, the property of the inmate, and not of another person within the facility.

History

Statutory/Other Authority: ORS 179, 421 & 423
Statutes/Other Implemented: ORS 179.040, 421.095, 423.020, 423.030 & 423.075
CD 15-1987, f. & ef. 2-6-87
CD 54-1985, f. & ef. 8-16-85
CD 38-1978, f. & ef. 12-12-78

Or. Admin. R. 291-119-0020 Staff Assistance

(1) Assistance from staff in a facility may be provided by the functional unit manager if the inmate requests.

(2) Such assistance may include, but is not limited to:

(a) The establishment of appropriate lines of communication with persons or agencies who may be of assistance to the inmate;

(b) Attempting, when requested, to direct the inmate to such resource persons as he/she may require for specialized information; and/or

(c) Arranging such meetings and workspace as may be required to facilitate these efforts, in accordance with such rules and procedures of the Department of Corrections as may apply.

(3) All direct costs incurred through these efforts will be paid by the inmate involved.

(4) Inmates are not required to seek assistance from the staff in patenting, copyrighting, publishing, exhibiting, selling, or otherwise disposing of inventions, manuscripts, and/or compositions; however, the inmate must have prior approval from the responsible functional unit manager for all such items to be developed within the facility.

(5) If staff assistance is not requested, no effort shall be made by any Department of Corrections employee to inhibit or hinder the inmate in legitimate efforts to patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or composition(s).

History

Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.095, 423.020, 423.030 & 423.075
CD 32-1993, f. 12-16-93, cert. ef. 1-3-94
CD 15-1987, f. & ef. 2-6-87
CD 54-1985, f. & ef. 8-16-85
CD 38-1978, f. & ef. 12-12-78

Or. Admin. R. 291-119-0025 Proceeds from Invention(s), Manuscript(s), and/or Composition(s)

All proceeds received by the facility in which the inmate is confined from the sale, exhibition, or other disposition of patents, copyrights, inventions, manuscripts, and/or compositions will be deposited in the inmate’s trust account in accordance with the law and the Department of Corrections rule on Trust Accounts (Inmate).

History

Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.095, 423.020, 423.030 & 423.075
CD 32-1993, f. 12-16-93, cert. ef. 1-3-94
CD 54-1985, f. & ef. 8-16-85
CD 38-1978, f. & ef. 12-12-78

Or. Admin. R. 291-119-0027 Escrow Accounts

(1) Whenever any person or other legal entity contracts with a representative or assignee of an inmate for the payment of money in return for the right to reenact a crime or to describe the individual’s thoughts, opinions or emotions regarding the crime in a motion picture, book, magazine, article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind, the person or legal entity shall promptly submit a copy of the contract to the Department of Justice and pay to the Department any monies which would otherwise, under the terms of the contract, be paid to the accused or convicted individual, the person found guilty except for insanity or the representative or assignee of the individual in accordance with provisions of ORS 147.275.

(2) The Department of Justice in accordance with ORS 147.275 shall deposit monies received in an escrow account established for the benefit of the victims or dependents of the victims of the crime for which the individual whose earnings are placed in escrow account is convicted or found guilty except for insanity. Monies in the escrow account shall be paid to satisfy judgments as provided in 147.275 or restitution orders under 137.103 to 137.109.

History

Statutory/Other Authority: ORS 147.275, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075
CD 32-1993, f. 12-16-93, cert. ef. 1-3-94
CD 15-1987, f. & ef. 2-6-87

Division 123 HYGIENE, GROOMING AND SANITATION (AIC)

Or. Admin. R. 291-123-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to set forth standards governing the personal appearance, personal hygiene, clothing, and sanitation of adults in custody confined in a Department of Corrections facility.

(3) Policy: It is the policy of the Department of Corrections that each adult in custody be allowed to maintain their appearance within the guidelines established by these rules. It is also the policy of the Department of Corrections that safety and security considerations be given priority over individual choices.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2020, amend filed 04/30/2020, effective 04/30/2020
DOC 1-2020, temporary amend filed 01/07/2020, effective 01/07/2020 through 07/04/2020
DOC 5-2019, amend filed 02/07/2019, effective 02/07/2019
DOC 12-2013, f. & cert. ef. 11-1-13
CD 22-1993, f. 9-15-93, cert. ef. 10-1-93
CD 17-1990, f. & cert. ef. 9-17-90
CD 5-1987, f. & ef. 1-20-87
CD 17-1985, f. & ef. 8-2-85
CD 40-1981, f. & ef. 10-30-81
CD 17-1981(Temp), f. & ef. 6-30-81
CD 25-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-123-0010 Definitions

(1) Adult in custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(2) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Oregon Department of Corrections.

(3) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(4) Proper Hygiene Standards: Practicing a level of personal cleanliness and grooming necessary to maintain good health and to avoid body odor or bad breath.

History

Statutory/Other Authority: ORS 423.020, 423.030, 423.075 & ORS 179.040
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2020, amend filed 04/30/2020, effective 04/30/2020
DOC 1-2020, temporary amend filed 01/07/2020, effective 01/07/2020 through 07/04/2020
DOC 5-2019, amend filed 02/07/2019, effective 02/07/2019
DOC 12-2013, f. & cert. ef. 11-1-13
CD 22-1993, f. 9-15-93, cert. ef. 10-1-93
CD 17-1990, f. & cert. ef. 9-17-90
CD 5-1987, f. & ef. 1-20-87
CD 17-1985, f. & ef. 8-2-85
CD 40-1981, f. & ef. 10-30-81
CD 17-1981(Temp), f. & ef. 6-30-81
CD 25-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-123-0015 Procedures

(1) Personal Appearance:

(a) A new identification photograph will be taken whenever an adult in custody's appearance substantially varies from the current photograph.

(b) Fingernails will be neatly trimmed and clean and will not be of a length that presents a hazard to safety and security. When looking at the hand palm side up, the fingernails will not extend past the fingers and shouldn’t be visible from that view or otherwise.

(2) Personal Hygiene:

(a) Head and facial hair must be maintained daily in a clean and neat manner.

(b) If a hair search needs to be conducted by staff, it may be necessary to require that the adult in custody unbraid, loosen, or cut the hair to complete the search. If an adult in custody’s hair must be cut it requires the review and approval of the Officer-in-Charge.

(c) Adults in custody who work with machinery and whose hair length, in the judgment of staff, poses a safety or health problem must wear protective hair covering when performing their job assignment in conformance with OSHA guidelines.

(d) Head and facial hair must be worn in a manner that does not draw undue attention or otherwise compromise internal order and discipline, institutional security, or the health and safety of the adult in custody, other adults in custody, and staff. Haircuts and styles that are associated with an unauthorized organization will not be permitted.

(e) The only hair styling items permitted shall be those purchased through the commissary or issued by the supervisor of the Barber/Cosmetology Program. Hair styling items will only be used in the adult in custody's assigned cell/bunk housing area or the Barber/Cosmetology area.

(f) Eyebrows will not be removed or their appearance altered in a manner that draws undue attention to an individual.

(3) Showers:

(a) Adults in custody will be afforded the opportunity to shower at least three times weekly unless security staff availability, space limitations, or safety considerations dictate otherwise as authorized by the functional unit manager. Facility standards may require more frequent showering for adults in custody on specific program or work assignments. Shower schedules and instructions for use will be posted at each institution.

(A) Adults in custody shall maintain proper hygiene standards. Adults in custody who fail to maintain proper hygiene standards may be directed by staff to correct deficiencies in order to maintain a minimally acceptable level of personal hygiene and to protect the health and safety of the adult in custody, other adults in custody, and staff.

(B) Adults in custody with medical conditions may require more or less frequent showering than the rest of the adult in custody population based upon documented medical need and directive or Behavioral Health Services need and directive.

(b) Towels and shower caps will be worn only in the shower area or assigned cell/bunk area.

(4) Personal Hygiene Supplies:

(a) Toiletry items for showering and other personal hygiene requirements will be issued to each adult in custody.

(b) Adults in custody will be permitted to possess personal hygiene items authorized for purchase from the commissary or from another approved source.

(5) Clothing:

(a) Adults in custody will be issued DOC clothing that is properly fitted, durable, presentable, and suitable for the activity in which the adult in custody may be involved.

(b) Adults in custody must be properly attired in a manner that does not draw undue attention or compromise internal order and discipline, institutional security, or the health and safety of the adult in custody, other adults in custody, and staff.

(c) Adults in custody may be permitted to wear department-approved personally owned or other non-uniform civilian type clothing as approved by the functional unit manager.

(d) Non-uniform clothing designated for release will be secured by the institution in the receiving and release area as determined by each facility.

(e) Any clothing that is associated with an unauthorized organization will not be permitted.

(f) All clothing must be worn in a manner for which it was designed.

(g) Clothing will not be altered unless authorized by the functional unit manager/designee.

(h) Adults in custody shall ensure their clothing is in good repair and neat appearance.

(i) Information regarding issue, exchange, repairs, and proper wearing will be provided to Adults in custody at each institution.

(6) Sanitation:

(a) Each adult in custody is responsible for maintaining an acceptable level of sanitation of his/her living area and be prepared for scheduled sanitation inspections.

(b) Any condition conducive to harboring or breeding insects, rodents, or other vermin will be referred immediately to the physical plant for immediate corrective action. Licensed pest control professionals will be used when necessary to clean or fumigate the facility.

(c) Liquid and solid wastes will be collected, stored, and disposed of in a manner that will avoid nuisance and hazards and protect the health and safety of adults in custody and staff.

(d) Provisions will be made for, at least, weekly exchange of linen. A cleaning schedule for linen and bedding will be published in adult in custody newsletters as appropriate. Each facility will ensure the issue of bedding and linen is sufficient to provide comfort under existing temperature conditions.

(e) A cleaning or exchange schedule for linens will be established for each institution.

(f) All areas will be inspected daily by those responsible to ensure that the work performed is consistent, proper and thorough, and the equipment and supplies are not wasted.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2020, amend filed 04/30/2020, effective 04/30/2020
DOC 1-2020, temporary amend filed 01/07/2020, effective 01/07/2020 through 07/04/2020
DOC 5-2019, amend filed 02/07/2019, effective 02/07/2019
DOC 12-2013, f. & cert. ef. 11-1-13
DOC 9-2001, f. & cert. ef. 3-21-01
CD 22-1993, f. 9-15-93, cert. ef. 10-1-93
CD 17-1990, f. & cert. ef. 9-17-90
CD 5-1987, f. & ef. 1-20-87
CD 17-1985, f. & ef. 8-2-85
CD 40-1981, f. & ef. 10-30-81
CD 17-1981(Temp), f. & ef. 6-30-81
CD 25-1978, f. 9-13-78, ef. 9-15-78

Division 124 HEALTH SERVICES (AIC)

Or. Admin. R. 291-124-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of this rule is to:

(a) Specify the level of healthcare services to be provided to adults in custody (AIC) under the custody of the Department of Corrections; and

(b) Establish department policies and procedures for reimbursement to those hospitals and community based healthcare professionals providing inpatient and outpatient services to AICs.

(3) Policy: It is the policy of the Department of Corrections to:

(a) Provide professional, quality, essential, and important healthcare services that support the health status of AICs during incarceration, including end of life care.

(b) Deliver constitutionally mandated healthcare using an efficient managed care system in support of the mission of the department.

(c) Ensure there is an organized system in place to provide AICs with access to care to meet their serious medical, dental, and mental health needs.

(d) Conduct procedures in a clinically appropriate manner using appropriately credentialed personnel in an appropriate setting consistent with the standards for similar care provided in the community.

(e) Death with Dignity Act: It is the policy of the department not to participate in or allow other health care providers to participate on its premises in the Death with Dignity Act (ORS 127.800 to 127.897). Consistent with this policy, AICs will not be permitted to access end of life counseling or drugs under the DWDA, However, the department will continue to offer AICs medically appropriate end of life care, including counseling, hospice and palliative care, through Health Services.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10
CD 19-1996, f. 11-20-96, cert. ef. 12-1-96
CD 6-1996(Temp), f. 6-28-96, cert. ef. 7-1-96
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Department of Corrections Facility: Any institution, facility or employee office, including the grounds, operated by the Department of Corrections.

(3 Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections; any person employed under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services or support to department programs within any Department of Corrections facility.

(4) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director or an administrator and has responsibility for the delivery of services or coordination of programs. In a correctional setting the superintendent is the functional unit manager.

(6) Healthcare Provider: Any professional who is licensed or certified to provide health care services, including physicians and hospitals (and the various entities/forms in which they do business), and public, quasi-public and private organizations and entities that contract with direct service providers to furnish health care services, such as insurance companies and managed care organizations.

(7) Health Services Eyeglasses Review Committee: A committee normally of the local management group, Medical Services manager or designee, or a combination management representatives and the individual involved in the eyeglass program at the institution.

(8) Treating Provider: Any Health Services employee who by licensure is authorized to prescribe treatment, including but not limited to, physicians, dentists, nurse practitioners, optometrists and physician assistants.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10
DOC 16-1998, f. & cert. ef. 7-1-98
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0016 Delivery of AIC Healthcare

(1) The Health Services Assistant Director is responsible for directing AIC healthcare services in the Department of Corrections. These activities include:

(a) Developing standards for the organization, coordination and delivery of AIC healthcare;

(b) Ensuring the organization and delivery of AIC healthcare meets established standards; and

(c) Ensuring the operation of all areas of AIC healthcare, including medical, dental, mental health care and pharmacy services comply with appropriate professional standards, statutory requirements, and administrative rules and policies of the department.

(2) The Health Services Chief of Medicine is responsible for professional oversight of clinical healthcare providers.

(a) The Health Services Chief of Medicine has authority for all decisions requiring medical judgment and directly affecting outcomes of clinical practice.

(b) The Health Services Chief of Medicine shall appoint a chief medical officer to provide oversight for professional clinical services to AICs for each Department of Corrections facility.

(3) The Pharmacy and Stores administrator is responsible for the overall organization and delivery of Pharmacy services.

(4) The Behavioral Health Services administrator is responsible for the overall organization and delivery of mental health services to AICs.

(5) The Chief Psychiatrist shall have clinical oversight of the professional services of behavioral health prescribers.

(6) The Medical Services Administrator is responsible for the overall organization and delivery of institutional clinical care.

(7) The administrator for Business Operations is responsible for the overall organization and coordination of business functions, including fiscal management and organizational development.

(8) The Dental Program director, a licensed dentist, is responsible for the overall organization, delivery, and professional oversight of dental services.

(9) Health Services administration shall appoint a Medical Services manager to organize and coordinate delivery of healthcare services to AICs for each Department of Corrections facility.

(10) AICs are prohibited from performing any healthcare duties reserved for licensed or certified health professionals. AICs may be assigned to assist other AICs with activities of daily living as are commonly done in the community by family or friends.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10

Or. Admin. R. 291-124-0017 Professional Credentials

(1) Treating providers who provide medical, dental, mental healthcare or pharmacy services to AICs shall be appropriately licensed to practice in their respective professions. Specialists providing healthcare, mental healthcare or dental services shall be board certified in the specialty field or recognized as specialists in the medical community.

(2) All other employees of Health Services requiring licensure, registration or certification shall be licensed, registered, or certified to practice as stipulated by the regulatory agency of their respective discipline.

(3) Employees providing health services shall practice within the scope defined by statute and administrative rule of the respective regulatory professional licensing or certification board.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10

Or. Admin. R. 291-124-0020 Facilities and Equipment for Provision of Health Care

(1) Space, Equipment and Supplies:

(a) Sufficient space, equipment, and supplies will be available to provide the level of healthcare designated at each state operated correctional facility.

(b) Health Services administrators are responsible for evaluation of the adequacy of space allocated, review of major equipment purchases, and the system for distribution of healthcare services and supplies within their individual scope of authority.

(2) Level of Service at Each Facility:

(a) The assigned Medical Service Manager is responsible for coordinating AIC access to healthcare services either at the site, in the community, or at another correctional facility.

(b) Healthcare services at correctional facilities shall at a minimum include instruction and supervision of self-care, ambulatory care, emergency care, and referrals for specialty services.

(c) Inpatient infirmary beds, on site dental clinics, optometry clinics and mental health treatment are not available at each correctional facility. AICs needing these services may be transferred to the most appropriate correctional facility to receive the needed service.

(d) AICs with complex medical conditions who cannot be referred to providers in the immediate community may be transported to a correctional facility in another geographic area to receive medically necessary care and treatment.

(e) At correctional facilities with patients occupying inpatient infirmary beds, healthcare staff shall be on duty 24 hours per day with a physician on call 24 hours per day. At correctional facilities without 24 hour on duty coverage, a registered nurse and a treating provider shall be designated and on call to provide 24 hours per day coverage.

(f) Health Services staff will make provisions for hospital access and specialty care as necessary for the healthcare of the AIC.

(g) Each health services program shall have a written plan and maintain readiness to provide basic emergency healthcare services to anyone in emergency situations. This plan shall be in accordance with the emergency response plan for the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0030 Health Evaluation and Screening

(1) Health Screening at Intake: During the admission process each AIC shall receive a baseline medical, dental, and mental health evaluation.

(a) The medical evaluation shall consist of a physical examination and medical history including a review of available information and verification of any medication, care, or treatment requirements. The evaluation should include consideration of an AIC’s potential need for eyeglasses, hearing aids, or other devices that may be necessary to perform activities of daily living or to participate in Department programs, services, or activities. The evaluation should occur within seven days of admission.

(b) A dental screening will be performed by authorized Health Services staff within seven days of admission that includes visual examination of the teeth and gums with any obvious abnormalities or AIC complaints noted.

(A) A baseline dental intake examination shall be completed by a fully licensed dentist within 30 days of admission to include review of the dental and medical history, charting of the teeth including identification of decayed, missing, or filled teeth, examination of the oral cavity, diagnostic X-rays (as indicated), oral hygiene instructions, access to care instructions, inquiry regarding emergent or urgent dental problems, and documentation of procedures performed in the dental record by the dentist. If there is documented evidence of an examination of the AIC's dental condition within the previous year, a dental exam is not required unless determined to be clinically necessary by the treating dentist.

(B) Access-to-care instructions are given such that AICs are aware of how to follow up with dental care at the receiving institution. Formal treatment plans are not provided as part of the intake examination. They are performed at the receiving institution per AIC request.

(c) The mental health evaluation will include a screening for the presence of mental illness and suicide history. AICs who have a history of mental illness, or suicide attempts, or who report current suicidal ideations will be referred for further evaluation by a mental health treatment provider. AICs with mental illness will be housed in a facility with services appropriate for their treatment needs.

(d) A clinical record will be initiated at the time of initial admission into the Department of Corrections.

(e) If the AIC has a documented baseline evaluation from the department within the previous 90 days, the prior evaluation and health record is reviewed and updated as clinically necessary.

(f) AICs will be informed of relevant recommendations based on the baseline health evaluations and will be provided with self-care instruction.

(2) Health Screening at Transfer: A brief health screening shall be completed on all AICs received on intra-department transfers by Health Services staff at the receiving facility. This shall include review of medical, dental, and mental health records information transferred with the AIC and verification of any care or treatment requirements prearranged by the sending facility Medical Services manager. This information will be used to determine disposition of the AIC.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, amend filed 08/13/2024, effective 08/13/2024
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0035 Emergency Services

(1) Health Services employees will be trained to respond to health emergency situations involving AICs, employees, visitors, and others on the facility’s premises or worksites.

(2) Health Services will work with the Department Emergency Response Command Structure in declared emergencies.

(3) Each facility Medical Services manager shall assure that healthcare employees are trained and prepared to provide emergency medical assistance.

(4) Emergency medical care exceeding the scope or capacity of the facility or staff will be supplemented by emergency medical response agencies in the community.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0041 Healthcare and Treatment

(1) Health care procedures will be conducted in a clinically appropriate manner by appropriately credentialed personnel in an appropriate setting.

(2) Health care and treatment is authorized and provided according to priorities established by the Health Services Chief of Medicine and is subject to peer review. The department is not obligated to carry out any recommendations or treatment plans formulated by any outside providers if ongoing care is required. Medical care and treatment is generally prioritized into the following four levels of care and treatment:

(a)Level 1 Care and Treatment (Medically Mandatory Care and Treatment): Level 1 care and treatment is defined as care and treatment that is essential to life and health, without which rapid deterioration may be an expected outcome and where medical or surgical intervention makes a very significant difference or has a very high cost-effectiveness.

(A) Level 1 care and treatment may include, but is not limited to:

(i) Acute problems, potentially fatal, where treatment prevents death and allows full recovery, (for example, appendectomy for appendicitis, repair of deep open wound in neck, myocarditis, myocardial infarction);

(ii) Acute problems, potentially fatal, where treatment prevents death but does not necessarily allow for full recovery (for example, burn treatment, treatment for severe head injuries, myocardial infarction); or

(iii) Maternity care (for example, monitoring, delivery, hypertension in pregnancy)

(B) Level 1 care and treatment is generally provided to all AICs by the department. A treating provider may authorize Level 1 care and treatment. In emergency situations, any qualified licensed DOC health professional may authorize Level 1 care and treatment.

(b) Level 2 Care and Treatment (Presently Medically Necessary Care and Treatment): Level 2 care and treatment is defined as care and treatment without which an AIC could not be maintained without significant risk of either further serious deterioration of the condition or significant reduction in the chance of possible repair after release or without significant pain or discomfort.

(A) Level 2 care and treatment may include, but is not limited to:

(i) Chronic, usually fatal conditions where treatment improves life span and quality of life, (for example, medical management of insulin dependent diabetes mellitus, surgical treatment for treatable cancer of the uterus, medical management of asthma, hypertension, etc.);

(ii) Immunizations;

(iii) Comfort care such as pain management and hospice type care for the end stages of diseases such as cancer and acquired immunodeficiency syndrome (AIDS);

(iv) Proven effective preventive care for adults, e.g., preventive dental care, mammograms, pap smears, blood pressure screenings;

(v) Acute but non-fatal conditions where treatment causes a return to previous state of health, (for example, fillings for dental cavities, medical treatment of various infectious disorders); or

(vi) Acute non-fatal conditions where treatment allows the best approximation of return to previous health (for example, reduction of dislocated elbow, repair of corneal laceration).

(B) Level 2 care and treatment may be provided to AICs and, when not of an emergency nature, subject to periodic utilization review and appropriateness by the Health Services Chief of Medicine. A treating practitioner may authorize Level 2 care or treatment.

(c)Level 3 Care and Treatment (Medically Acceptable or Appropriate but Not Medically Necessary): Level 3 care and treatment is defined as care and treatment for non-fatal conditions where treatment or intervention may improve the quality of life for the AIC.

(A) Level 3 care and treatment may include but is not limited to routine hernia repair, treatment of non-cancerous skin lesions, corneal transplant for cataract, and hip replacement.

(B) Level 3 care and treatment may be authorized on an individual-by-individual basis or on a case-by-case basis as follows:

(i) Medical or surgical care and treatment that can be appropriately done on premises in a routine clinic and that is within the skills of the attending provider may be offered at the discretion of the treating provider or may be referred by an attending provider to the Health Services Chief of Medicine for clinical review under this rule to determine whether to authorize the medical or surgical care and treatment.

(ii) Other medical or surgical care and treatment, including offsite procedures and therapies for chronic diseases may be referred to the Health Services Chief of Medicine for clinical review under this rule to determine whether to authorize the medical or surgical care and treatment.

(iii) Care and treatment described in OAR 291-124-0043 (eyeglasses), OAR 291- 124-0044 (hearing aids, and OAR 291-124-0045 (durable medical equipment) may be authorized as provided in those rules.

(d) Level 4 Care and Treatment (Of Limited Medical Value): Level 4 care and treatment is defined as care and treatment that may be valuable to a certain individual but is significantly less likely to be cost-effective or to produce substantial long-term gain or improvement.

(A) Level 4 care and treatment may include care and treatment of minor conditions where treatment merely speeds recovery, where treatment gives little improvement in quality of life, offers minimal palliation of symptoms, or is exclusively for the convenience of the individual. Examples of Level 4 care and treatment include but is not limited to tattoo removal, minor nasal reconstruction, oral aphthous ulcers, elective circumcision, care or treatment for the common cold or infectious mononucleosis, surgery for gynecomastia.

(B) Level 4 care and treatment will not be routinely provided. AICs may be eligible to pay for Level 4 care and treatment as provided in OAR 291-124-0085.

(3)Exceptions to Levels of Care and Treatment: The four Levels of Care and Treatment are general categories of diagnoses, therapies, or procedures. Depending on the individual circumstances, the department may consider additional factors in deciding whether to provide particular care and treatment. Also, there may be circumstances in which the level of care or treatment for a certain condition or disorder may be unclear, or in which it may not be appropriate to apply a specific level of care and treatment. In any case, a provider may refer an individual case to the Health Services Chief of Medicine for clinical review under this rule to determine whether to authorize care or treatment.

(4)Clinical Review: Under appropriate circumstances, individual cases may be referred to the Health Services Chief of Medicine for clinical review. The Health Services Chief of Medicine may form a review committee (sometimes referred to as a “Therapeutic Levels of Care Committee” or “TLC Committee”,) which may include one or more department providers, the Medical Services Manager, and other appropriate Department staff. The TLC Committee review care and treatment requests on a case-by-case basis, with the Health Services Chief of Medicine (or designee) as the final authority in any review. Factors that the TLC Committee may consider include, but are not limited to:

(a) The urgency of the care and treatment, and the length of the AIC's remaining sentenced stay. Whether the care and treatment could be or could not be reasonably delayed without causing a significant progression, complication, or deterioration of the condition and would not otherwise be in clear violation of sound medical principles.

(b) The necessity of the care or treatment, including:

(A) Any relevant functional disability and the degree of functional improvement to be gained;

(B) Medical necessity, or the overall morbidity and mortality of the condition if left untreated;

(C) Pre-existing conditions, whether the condition existed prior to the AIC’s incarceration and, if treatment was not obtained previously, the reasons for not obtaining earlier treatment;

(D) The probability the procedure or therapy will have a successful outcome along with relevant risks;

(E) Alternative therapy or procedures that may be appropriate;

(F) The AIC's desire for the procedure and the likelihood of the AIC's cooperation in the treatment efforts;

(G) Any known risks or benefits relative to those risks;

(H) Any known costs or benefits relative to those costs;

(I) Pain complaints or pain behaviors; and

(J) Any other factors that are relevant or pertinent in light of the circumstances presented.

(c) When considering whether to provide devices described in OAR 291-124-0043 (eyeglasses), OAR 291-124-0044 (hearing aids), or OAR 291-124-0045 (durable medical equipment), the TLC Committee shall consider the AIC’s ability to engage in activities of daily living and ability to access programs, services, and activities of the institution.

(5) Therapeutic Diets: Therapeutic diets may be ordered by a treating provider for an AIC with a medical condition requiring nutritional adjustment that is not obtainable from the regular food services menu. Diets to achieve weight loss are the responsibility of the individual AIC.

(6) Work Limitations: Health Services will screen AICs for work limitations at the assignment supervisor’s request. Ongoing daily review of AIC workers for symptoms of illness that would interfere with the work assignment is the responsibility of the on-site work supervisor.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, amend filed 08/13/2024, effective 08/13/2024
DOC 5-2023, amend filed 03/10/2023, effective 03/10/2023
DOC 4-2022, amend filed 04/21/2022, effective 04/21/2022
DOC 14-2021, temporary amend filed 10/28/2021, effective 10/28/2021 through 04/25/2022
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95

Or. Admin. R. 291-124-0042 Dental Care and Treatment

(1) Dental care procedures will be conducted in a clinically appropriate manner by appropriately credentialed personnel in an appropriate setting.

(2) Dental care and treatment is authorized and provided according to priorities established by the chief of medicine and the dental director. Dental care is subject to peer review. Dental care and treatment will be provided, authorized, and prioritized based on four levels of care.

(3) Level 1 Dental Care:

(a) Level 1 Dental Care (or medically mandatory dental care) is defined as care that is essential to life and health, without which rapid deterioration may be an expected outcome and where medical or surgical intervention makes a very significant difference or has a very high cost-effectiveness. Level 1 care and treatment may include but is not limited to:

(A) Acute problems, potentially fatal, where treatment prevents rapid deterioration of health (for example, treatment for severe cellulitis, osteomyelitis, or serious oral pathology);

(B) Acute problems, potentially fatal, where treatment prevents deterioration but does not necessarily allow for full recovery (for example, treatment for severe oral pathology); or

(b) Level 1 dental care shall be routinely povided to all AICs by the department. A treating provider may authorize Level 1 dental care. In emergency situations, nursing staff may authorize Level 1 dental care.

(4) Level 2 Dental Care:

(a) Level 2 dental care (or presently medically necessary dental care) is defined as care without which an AIC could not be maintained without significant risk of further serious deterioration of the condition, or significant reduction of the chance to repair the condition after release or without significant pain or discomfort. Level 2 dental care may include but is not limited to:

(A) Acute or chronic conditions where treatment facilitates a return to oral health e.g., exodontic procedures, treatment for infected or inflamed oral structures, fillings for dental cavities;

(B) Upper or lower dentures for those who have no remaining teeth;

(C) Chronic conditions where treatment causes a return to previous state of health, e.g., fillings for dental cavities, treatment of various infectious disorders;

(D) Comfort care such as pain management, except chronic pain management that may be referred to institution physicians;

(E) Proven effective preventive care for adults, e.g., debridement of calculus, home care instructions; or

(F) Other conditions or care and treatment identified as Level 2 dental care in Exhibit 1.

(b) Level 2 dental care may be routinely provided to AICs upon request and may be authorized by any institution staff dentist. Treatment decisions are subject to periodic review by the chief medical officer or dental director for utilization review and appropriateness.

(5) Level 3 Dental Care:

(a) Level 3 dental care (or medically acceptable but not medically necessary care and treatment) is defined as care for conditions where treatment may improve the quality of life for the AIC but with minimal overall medical impact, e.g., dental prosthetic appliances, removal of impacted wisdom teeth. Level 3 dental care may include, as an example, dental prosthetic devices and other conditions or care and treatment identified as Level 3 dental care in Exhibit 1.

(b) Level 3 dental care may be authorized on a case-by-case basis. Level 3 dental care procedures, whether performed onsite or offsite, require review and authorization by the Therapeutic Levels of Care (TLC) Committee as provided in OAR 291-124-0042(8).

(6) Level 4 Dental Care (Of Limited Medical Value):

(a) Level 4 dental care (or care and treatment of limited medical value) is defined as elective care that may be valuable to a certain individual but significantly less likely to be cost-effective or to produce substantial long-term gain or improvement, or care that does not result in a reliable outcome that is corroborated by evidence-based data. Level 4 Care includes conditions where alternate treatments are available or where treatment gives little improvement in the overall quality of life, offers minimal palliation of symptoms, or is exclusively for the convenience of the individual. Examples may include: fixed bridgework; TMJ surgery; orthodontics; endodontics (root canals); custom crowns; and dental prostheses that are considered predominately cosmetic in nature. Other Level 4 dental care is identified in Exhibit 1.

(b) Level 4 dental care is generally not provided. However, Level 4 dental care may be approved by the TLC Committee if significant and compelling overriding circumstances exist, Refer to OAR 291-124-0042 (14)(a).

(A) If level 4 dental care is not authorized by the TLC Committee, the AIC may obtain Level 4 dental care as provided in OAR 291-124-0085.

(B) The department is not obligated to carry out any recommendations or treatment plans formulated by any outside providers if ongoing care is required.

(7) Exceptions:

(a) The four defined Levels of dental care are general categories of diagnoses, therapies, or procedures.

(b) Depending on the individual circumstances, the department may consider additional factors in deciding whether to provide particular care, or whether it is appropriate to apply a specific level of care to an individual AIC.

(c) Any individual case may be referred for further clinical review pursuant to OAR 291-124-0042(8) to determine whether to authorize or not authorize dental care and treatment.

(8) Clinical Review:

(a) For all Level 3 and Level 4 dental care, individual cases must be referred to the dental director for clinical review. The dental director may form a review committee (Therapeutic Levels of Care Committee or TLC Committee) comprised of one or more department dentists, and the Health Services Chief of Medicine to review care and treatment requests on a case-by-case basis. The final authority in any review is the Health Services Chief of Medicine or designee, e.g., dental director.

(b) Factors that the Health Services dental director and a review committee may consider, either singularly or in combination, when deciding whether specified care and treatment should be provided include:

(A) The urgency of the care and the length of the AIC's remaining sentence. Whether the care could be delayed without causing a significant progression, complication, or deterioration of the condition;

(B) The necessity of the care, including:

(i) Any relevant functional disability and the degree of functional improvement to be gained; and

(ii) Medical necessity, or the overall morbidity and mortality of the condition if left untreated.

(iii) Pre-existing Conditions: Whether the condition existed prior to the AIC’s incarceration. If no treatment was provided in the community, the reasons for not obtaining prior treatment should be ascertained;

(iv) The probability the procedure or therapy will have a successful outcome along with relevant risks;

(v) The availability of clinically acceptable alternative treatments;

(vi) The AIC's desire for the procedure and the likelihood of the AIC's cooperation in the treatment efforts;

(vii) A risk-benefit analysis; and

(viii) A cost-benefit analysis.

(c) After completion of a review, dental staff will schedule an appointment with the AIC to discuss the review decision and next steps, as applicable.

(9) Emergency Dental Treatment: Emergency dental treatment is available to all AICs during hours that Health Services staff members are on duty and may include treatment for pain, swelling, infection, bleeding, and suspected injuries.

(10) Non-emergency Dental Treatment: Non-emergent dental treatment may be accessed and acquired by AIC request, by referrals from the initial dental screening and exam, periodic or emergency dental examinations, and Health Services staff. Treatments will be prioritized as provided by the following criteria:

(a) All Level 1 and Level 2 procedures may be indicated and completed by the attending dentist upon recommendation. If any Level 1 or Level 2 procedures require referral to an outside provider, the TLC Committee must review the referral. However the review may take place after the referral if the treatment is of an urgent nature.

(b) Level 3 and Level 4 procedures will only be performed after approval from the Therapeutic Levels of Care Committee.

(11) Periodontal Treatment: Periodontal treatment will be provided upon recommendation of the dentist and will be prioritized according to the severity of the condition.

(a) Emergent periodontal treatment will be available to all AICs and may be scheduled by the dentist after evaluation of the AIC, or by an interview request from an AIC stating an urgent condition (i.e., pain, swelling, and/or bleeding.)

(A) AICs will be scheduled on an emergency basis and the specific problem will be addressed. The initial treatment will usually consist of gross debridement.

(B) The need for follow-up treatment will be documented and the AIC will be scheduled as time permits.

(b) Routine Treatment is divided into two classes.

(A) Class I includes AICs whose periodontal conditional has progressed to the point that surgical intervention is needed. Health Services will try and stabilize the condition, maintain the AIC’s dentition until extraction of the affected teeth becomes necessary. The treatment may consist of gross debridement or hand scaling or both. AICs may go to an outside provider for surgical intervention pursuant to OAR 219-124-0085.

(B) Class II includes AICs with good oral hygiene and minor periodontal conditions. AICs will be scheduled, time permitting for preventative treatment. These appointments will be scheduled by an AIC sending in a written request for treatment.

(12) Periodic dental exams will be available to AICs serving more than a one-year sentence. Exams will be made available on an annual basis; however, the interval may vary depending on the specific needs of the AIC as determined by the attending dentist.

(13) Dental Prostheses: Dental prosthetic appliances are generally considered elective care; however, they may be made available to AICs as a co-pay service if certain criteria are met.

(a) Dental prosthetic appliances or procedures may include:

(A) Complete Denture: A dental prosthetic appliance that replaces all teeth in upper or lower arch.

(B) Partial Denture: A dental prosthetic appliance that replaces some teeth in the upper or lower arch. A “cast partial denture” is made on a frame that is cast metal. An “acrylic partial denture” does not have a cast metal frame and is used when the remaining natural teeth are not strong enough to support a cast partial denture. A “flipper” is an acrylic partial denture designed predominately as a cosmetic appliance, replacing one to four teeth missing in the front part of the mouth.

(b) To be eligible for the co-pay service, an AIC must demonstrate two years remaining on their DOC sentence from the date of their first request for the prosthesis.

(A) Approval for Partial Denture:

(i) If an AIC meets the two-year threshold and requests a partial, the request must be submitted for review and approval by the TLC Committee.

(ii) Partial dentures will generally not be provided if the TLC Committee determines the AIC demonstrates sufficient existing occlusion, or if the remaining teeth are not sound enough to sustain a partial denture adequately.

(iii) Partial dentures also will not be provided if the TLC Committee determines the appliance is predominately cosmetic in nature, unless the TLC Committee determines that overriding circumstances allow approval, e.g., an AIC who entered DOC physical custody with all upper anterior teeth present, and then requires removal of one or more of those anterior teeth during incarceration.

(B) Approval for Complete Denture: If an AIC meets the two-year threshold and requests a denture, no review or approval by the TLC Committee is required.

(c) If an AIC fails to meet the two-year threshold, the TLC Committee may review the request for approval and may approve the request if overriding circumstances exist. Overriding circumstances may include an AIC who entered DOC physical custody completely edentulous requiring no extractions or prep work, or an AIC requiring minimal prep work who falls one or two months short of the two-year threshold.

(d) Health Services may participate in a co-pay service for dental prostheses or relines for each AIC a maximum of once every five years. If replacement is necessary prior to five years, the case must be sent to the TLC Committee for review.

(e) An AIC who requests a dental prosthesis must sign a request for withdrawal of funds for the following amounts:

(A) Complete Denture - $280

(B) Partial Denture (Cast or Flex) - $310

(D) Flipper - $150

(E) Reline Partial or Denture - $110

(F) Occlusal Splint - $40

(G) Denture or partial repairs - By reported cost

(f) An AIC shall be responsible to pay laboratory fees for any repairs unless provider or laboratory error can be demonstrated.

(14) Dental Root Canals and Custom Crowns: Dental root canals and custom crowns are not generally provided by the department.

(a) The department may approve an AIC request for a dental root canal or custom crown on a co-pay basis if a sufficient number of compelling overriding circumstances are present. Examples of overriding circumstances include the following:

(A) Required for Approval: For new AICs, a dental examination that reveals a low decay rate with no deep caries on any specific teeth; for other AICs, recall examinations that reveal a low decay rate and good oral hygiene.

(B) Required for Approval: An absence of significant periodontal disease on the tooth in question.

(i) If the AIC is new to the department, the AIC demonstrated good dental care prior to incarceration, including regular trips to the dentist for check-ups.

(ii) The tooth is in an arch displaying no missing teeth.

(iii) The tooth has an opposing tooth in the opposite arch placing it firmly in function.

(iv) The tooth has a specific and significant strategic purpose with regard to overall function.

(v) The tooth is an upper anterior and all other upper anteriors are present and in good shape.

(vi) Treatment is required due to a previous trauma and not gross neglect of the teeth.

(vii) The tooth deteriorated while in DOC custody, despite repeated requests for treatment.

(viii) The tooth has a favorable long-term prognosis.

(ix) The AIC expended considerable resources on their dentition prior to incarceration.

(x) For custom crown requests, the AIC has more than five years remaining to serve. Stainless steel crowns are a clinically acceptable alternative for those with less than five years remaining.

(b) All requests for root canals and custom crowns (a full coverage dental crown that is custom-made for a specific tooth by a dental laboratory) must be reviewed and approved by the TLC Committee.

(c) A request for a stainless steel crown (a full coverage crown that is prefabricated, and is not custom-made in a dental laboratory) does not require approval by the TLC Committee.

(d) The department charges a co-pay amount for any root canals and custom crowns that are approved by the TLC Committee. An AIC who is approved for a root canal or custom crown must sign a request for withdrawal of funds for the following amounts:

(A) Custom Crown Full Metal - $120

(B) Custom Crown Porcelain / Metal - $120

(D) Root Canal Anterior Tooth - $100

(E) Root Canal Bicuspid Tooth - $140

(F) Root Canal Molar Tooth - $180

(15) Elective Dental Treatment:

(a) Pursuant to OAR 291-124-0085, AICs may utilize the services of outside providers for any elective dental treatment that has not been authorized for completion within the department. Requests to purchase outside dental care require review and approval from the TLC Committee to ensure the procedures are medically appropriate and are consistent with community standards for dental care and the department’s concerns for institution security.

(b) An AIC may initiate a request for elective dental treatment.

(c) A staff dentist will assess the AIC to substantiate the dental procedure in question and submit the case to the TLC Committee for approval and review prior to referral to an outside provider.

(d) If the requested elective dental procedure is approved, the AIC may purchase and receive the treatment pursuant to the procedures set forth in OAR 291-124-0085.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, adopt filed 05/03/2018, effective 05/03/2018
DOC 18-2017, temporary adopt filed 11/08/2017, effective 11/08/2017 through 05/05/2018
DOC 17-2017, temporary adopt filed 11/07/2017, effective 11/07/2017 through 05/05/2018

Or. Admin. R. 291-124-0047 Refractive Eye Examinations and Eyeglasses

(1)Eye Examinations: Health Services shall approve a refractive eye examination at least once every two years. Health Services may authorize refractive eye examinations or eyeglass purchases on a different schedule or frequency on a case-by-case basis. In making any variation or authorization, Health Services may consider the AIC’s release date, past optical information, current visual acuity, and the AIC’s effort and compliance with a correctional case management plan.

(2) Eyeglasses: Health Services shall authorize and provide one pair of eyeglasses when clinically indicated, at state expense, at least once every two years.

(a) AICs are responsible for routine or daily maintenance of eyeglasses provided under this rule. Health Services will provide for necessary repairs or replacement of eyeglasses. In the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted,) or destroys a pair of eyeglasses provided under this rule, Health Services may require the AIC to incur debt or pre-pay to provide for necessary repairs or replacement. Any decision pursuant to this subsection shall be made after consulting with Behavioral Health Services, and the institution or statewide ADA coordinator, where appropriate, prior to declining to pay for a repair or replacement.

(b) An AIC may purchase additional elective care under OAR 291-124-0085, including, eyeglasses, eyewear, eyewear accessories, or optional features for eyeglasses provided under this rule.

(3) Contact Lenses: Health Services does not provide contact lens examinations. AICs may purchase contact lenses and lens solution as elective care under OAR 291-124-0085.

(4) All healthcare provided under this rule remains subject to OAR 291-124-0041, including clinical review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, adopt filed 08/13/2024, effective 08/13/2024

Or. Admin. R. 291-124-0048 Audiogram Examinations and Hearing Aids

(1) Audiogram Examination: Health Services, after conducting a medical evaluation to identify possible medically or surgically correctable causes of the reported hearing loss, shall refer an AIC who reports subjective hearing loss for an audiogram evaluation. Health Services shall authorize an audiogram examination and hearing aid or hearing aids for an AIC who reports subjective hearing loss that meets the requirements of Level 3 Care or Treatment under OAR 291-124-0041.

(2) Hearing Aids: Health Services shall authorize and provide a monoaural hearing aid or binaural hearing aids, when clinically indicated, at least once every five years.

(a) Health Services will provide an authorized hearing aid within sixty (60) days of that determination (subject to the availability and scheduling of any outside vendors or suppliers.) Necessary repairs or recalibration of a hearing will occur within sixty (60) days of delivery to an audiologist for repair or recalibration (subject to the availability and scheduling of any outside vendors or suppliers).

(b) Any AIC provided hearing aids will receive at least one follow-up appointment with an audiologist within six (6) months of receiving their hearing aids (subject to audiologist availability and scheduling), and as many subsequent as are necessary to ensure the hearing aids are properly balanced.

(c) An AIC with an authorized hearing aid shall have annual evaluations to ensure the hearing aids remain effective. If there is a threshold shift of 10dB or more across any tested frequency, the AIC will be referred to an audiologist.

(d) Health Services shall authorize and provide the repair or replacement of a hearing aid provided under this rule, as clinically indicated and appropriate. If an AIC’s hearing aids are sent out for repairs, if practicable, the AIC will be provided with any available hearing aid substitutes, and referred to institution ADA Coordinator to ensure the AIC has necessary accommodations for effective communication.

(e) Health Services shall authorize and provide for replacement batteries at state expense and at no cost to the adult in custody, on a schedule that is consistent with ordinary use of the hearing aid.

(f) Health Services may decline to provide a hearing aid, repair, replacement, or battery under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted,) or intentionally destroys another previously issued or approved hearing aid or hearing aid battery. Any decision pursuant to this subsection shall be made after consulting with Behavioral Health Services, and the institution or statewide ADA coordinator, where appropriate, prior to declining to pay for a repair or replacement.

(3) All healthcare provided under this rule remains subject to OAR 291-124-0041, including clinical review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, adopt filed 08/13/2024, effective 08/13/2024

Or. Admin. R. 291-124-0049 Durable Medical Equipment

(1) The following definitions apply in this rule:

(a) “Activities of Daily Living” (or “ADLs”) means activities related to personal care (including, but not limited to, tasks such as eating, toileting, grooming, dressing, and bathing,) which are necessary to maintain or improve the AIC's health.

(b) “Durable Medical Equipment” (or “DME”) means equipment that:

(A) Is furnished by a durable medical equipment, prosthetics, orthotics and supplies provider;

(B) Is primarily and customarily used to serve a medical purpose;

(D) Can withstand repeated use;

(E) Can be reusable or removable;

(F) Is appropriate for use in any non-institutional setting in which normal life activities take place;

(G) May include prosthetic and orthotic devices, orthopedic footwear, a fitted wheelchair, or a power wheelchair that meets the criteria in this definition;

(H) Includes supplies and accessories that are necessary for the effective use of the associated durable medical equipment; and

(I) Excludes dental equipment or devices described in the Dental Treatment and Care rule, OAR 291-124-0042.

(c) “Orthopedic footwear” means shoes, shoe modifications, or shoe additions which are used to correct, accommodate or prevent a physical deformity or range of motion malfunction in a diseased or injured part of the ankle or foot; or to support a weak or deformed structure of the ankle or foot.

(d) “Medically Appropriate” means that health services, items, or medical supplies that are:

(A) Recommended by a licensed health provider practicing within the scope of their license;

(B) Safe, effective, and appropriate for the AIC based on standards of good health practice and generally recognized by the relevant scientific or professional community based on the best available evidence;

(D) The most cost-effective of the alternative levels or types of health services, items, or medical supplies that can be safely and effectively provided to an AIC;

(e) “Prosthetic and orthotic devices” means devices that replace or augment all or part of an internal body organ, including ostomy bags and supplies directly related to ostomy care and replacement of such devices and supplies. Prosthetic and orthotic devices also include leg, arm, back, and neck braces, and artificial legs, arms, and eyes, including replacements if required because of a change in the client's physical condition. This term excludes devices or items described in the Dental Care and Treatment rule, OAR 291-124-0042.

(2) Health Services shall authorize and provide DME when clinically indicated because of a substantial functional deficit, when there is a demonstrable and substantial inability to perform activities of daily living (ADLs), or when provision of the DME may be necessary to provide access to one or more Department programs, services, or activities.

(a) When assessing whether the provision of DME is necessary to access Department programs, services, or activities, any such assessment shall consider the disability related accessibility and functional needs of the individual requesting the DME, and shall be based on documented assessments by persons trained in disability-related functional and accessibility needs of the AIC.

(b) Health Services may consider the following when determining whether to authorize DME:

(A) Urgency of need;

(B) Time left on sentence;

(D) Morbidity;

(E) Mortality;

(F) Functional disability;

(G) Expected improvement;

(H) Alternatives;

(I) Risks and benefits;

(J) Ability to engage in ADL and access programs, services, and activities;

(K) Costs and benefits; and

(L) Security concerns.

(c) A recommendation to provide DME will be based upon the AIC’s ability to function in the correctional environment with or without a proposed medical prosthesis, and as necessary to access programs, services, or activities.

(d) The Department shall pay for DME if it meets all the criteria in this rule, including all of the following conditions:

(A) The item is approved for marketing and registered or listed as a medical device by the Food and Drug Administration (FDA) and is otherwise generally considered to be safe and effective for the intended purpose;

(B) The item is reasonable and medically appropriate for the client;

(D) The item is clinically indicated because of a substantial functional deficit, or because of a demonstrable and substantial inability to perform ADLs, or, because the Department has determined, after consultation between Health Services and the institution and statewide ADA coordinators, that the item is necessary or appropriate to provide to an otherwise qualified AIC to access Department programs, services, or activities;

(E) The item is generally not useful to an individual in the absence of medical disability, illness, or injury;

(F) The item is suitable for use in any non-institutional setting in which normal life activities take place;

(G) The item can withstand repeated use and can be reusable or removable;

(H) The item is the least costly, medically appropriate item that meets the medical needs of the client; and

(I) The item is not otherwise excluded under this rule.

(e) The Department may not pay for durable medical equipment when the item, or the use of the item:

(A) Is not primarily medical in nature;

(B) Is for personal comfort or convenience of the client or caregiver;

(D) Is not therapeutic or diagnostic in nature;

(E) Is not expected to significantly improve the basic health status of the AIC;

(F) Is inappropriate for client use in a non-institutional setting;

(G) Is for a purpose where the medical effectiveness is not supported by evidence- based clinical practice guidelines; or

(H) Presents a legitimate risk to the safety and security of Department facilities.

(f) Restriction or confiscation of a medical prosthesis for any non-emergent reason (other than a medical reason) should occur with prior consultation with Health Services and the institution or statewide ADA coordinators, and when appropriate, Behavioral Health Services. Any restriction or confiscation for any emergent reason should occur, when practicable, with prior consultation with Health Services and the institution or statewide ADA coordinators, and when appropriate, Behavioral Health Services. No DME shall be restricted or confiscated for any non-emergent reason without an individualized assessment of the AIC by the appropriate medical professional and a face-to-face discussion with the AIC to determine whether the AIC can access programs, services, and activities without the DME. This process shall be documented with the reasons why the DME was removed, and an explanation of the how the AIC will access programs, services, and activities without the DME.

(3) The frequency of monitoring of DMEs will be determined by Health Services. Monitoring shall include review for any alterations, natural wear, destruction, or disrepair.

(4) Health Services shall authorize and provide the repair or replacement of a DME provided under this rule, as clinically indicated and appropriate.

(5) Health Services may decline to authorize or pay for DME, or repair or replacement of DME provided under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted,) or intentionally destroys any previously issued or approved DME. Health Services will consult with Behavioral Health Services and the institution or statewide ADA coordinators where appropriate prior to declining to pay for DME or repairs or replacement.

(6) The authorization and provision of DME under this rule is subject to clinical review as provided under OAR 291-124-0041.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, adopt filed 08/13/2024, effective 08/13/2024

Or. Admin. R. 291-124-0055 Health Education

(1) Each facility health services program shall provide AIC health education, including information on self-care.

(2) AICs with chronic diseases will be provided with information designed to increase their ability to monitor and manage their health status.

(3) Material provided by community health education groups, public health departments, or developed by other correctional facilities may be used with appropriate citation.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0060 Transfer, Travel, or Release Arrangements

(1) Transfers Between Oregon Department of Corrections Facilities:

(a) Information about an AIC's health status shall be provided to Office of Population Management to consider for institution assignments and continuity of care of AICs.

(b) Health Services staff shall provide instructions to the Transport Unit regarding any AIC that requires medication or medical care during transport or any other special precautions that are recommended during transport.

(c) The AIC's healthcare record shall be transferred in a confidential manner to the health services program responsible for health care at the receiving facility simultaneously with the AIC.

(2) Coordination of medical and mental healthcare for release:

(a) Prior to release, the facility Medical Services manager or Behavioral Health Services manager shall identify AICs with severe medical or severe mental health conditions that will require ongoing treatment in the community.

(b) Designated staff may assist with referrals to agencies, programs or providers in the community to facilitate continuity of care and ongoing treatment of AICs with severe medical or mental health conditions.

(c) The department is not responsible for medical evaluations or diagnostic workups that are required for admission to treatment facilities in the community.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: OL 433, ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0065 Communicable Disease Control

(1) The department shall have a communicable disease screening program.

(2) Management of communicable diseases shall be in accordance with Oregon Health Division recommendations and department administrative rules and policies.

(3) Standard precautions shall be made known and available to correctional employees working in department facilities to prevent transmission of communicable diseases. Health service employees shall provide specific instructions if additional precautions are necessary for a particular AIC.

(4) Communicable disease control precautions as required by OR-OSHA or recommended by the Oregon Health Division shall be followed.

(5) Information about communicable disease prevention shall be provided to AICs as part of health education.

(6) Immunization and preventative treatment shall be made available to AICs as medically indicated.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0070 Management of Pharmaceuticals

(1) Pharmacy services shall be provided under the professional direction of registered pharmacists.

(2) A central pharmacy(ies) shall be established in accordance with the Oregon Board of Pharmacy regulation for the appropriate and secure purchase, packaging, labeling and distribution of medications needed for AIC healthcare.

(3) Medications shall be made available for the treatment of AIC patients;

(a) Upon prescription by appropriately licensed staff or

(b) From non-prescription stock made available for such purposes.

(4) An organized and regulated system shall be in place in each institution for the secure receipt, storage, accounting and distribution of prescription and non-prescription medications.

(5) Medications shall be administered by appropriately trained healthcare personnel in accordance with professional standards and the laws and regulations governing drug administration.

(6) Psychotropic medications shall be prescribed only when clinically indicated and as one facet of a treatment program in accordance with the department’s rule on Informed Consent to Treatment with Psychotropic Medication (OAR 291-064)

(7) AICs may be allowed to administer their own medication:

(a) As part of a self-care program;

(b) When the medication is on an approved self medication list;

(c) When in the opinion of the health services professional, the AIC is appropriately able to manage his/her own medication; and

(d) In conformance with institutional security practice.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0075 Healthcare Records

(1) A healthcare record shall be established for each AIC received at a DOC facility.

(2) AIC healthcare records shall be maintained separately from the AIC's custody file.

(3) The healthcare record shall be transferred at the time an AIC is transferred to another Department of Corrections facility.

(4) Personally identifiable confidential health Information contained in the healthcare record may be released to other parties only according to ORS 179.495 through 179.505 and other Oregon statutes relevant to medical confidentiality.

(5) Inactive healthcare records shall be retained in accordance with the authorized retention schedules established in accordance with OAR 166-030.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.495-505, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0080 Patient Rights

(1) Medical Research: The use of AICs for medical, psychiatric, or psychological experimentation or research is prohibited as stipulated in ORS 421.085.

(2) Informed Consent:

(a) The AIC's written informed consent or refusal shall be obtained prior to a healthcare procedure that is invasive or with major adverse health risks or prior to beginning non-emergent mental health or medication services.

(A) Examples of such healthcare procedures include: incision and drainage; skin removal, including biopsy; cauterization; contraception methods/prescription; all major and minor surgical procedures; immunizations; psychotropic/neuroleptic medication; articular and bursa injections; other procedures in which there is a probability of major adverse risks; and all invasive dental procedures.

(B) An AIC may change their informed consent or refusal.

(b) Informed consent shall include providing the AIC with information about:

(A) The nature, purpose, and benefits of the procedure or treatment;

(B) The risks, if any, of the procedure or treatment; and

(D) Supplemental written information may be incorporated as part of the informed consent process.

(A) A medical emergency if the AIC is unable to give or to refuse consent and there is an immediate threat to the life of, or irreversible bodily harm to, the AIC;

(B) A medical or psychiatric emergency if the AIC does not have the mental capacity to make an informed decision;

(D) Informed consent given by the legal guardian; and

(E) Certain public health matters.

(3) Confidentiality:

(a) The AIC's healthcare record, which includes medical, dental, and mental health information obtained by Health Services employees, is confidential and shall not be released except as provided in ORS 179.495 through 179.509, and other Oregon statutes.

(b) Health Services employees shall communicate to correctional employees pertinent information that has a direct impact on the safety and security of the facility or is relevant to the AIC's ability to function.

(4) AICs may use the AIC grievance system as outlined in OAR 291-109 for health related issues.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0085 Charges for Elective Care or Treatment

(1) An AIC may request approval to purchase elective care or treatment, including a request to purchase a healthcare service from a healthcare provider in the community. The department will only approve those requests that in the department’s judgment are medically appropriate and are otherwise consistent with the department’s concerns for institution security and order, public safety, and sound correctional practice.

(a) The AIC's trust account must have sufficient funds to pay for the purchase of the elective care before the requested service is scheduled or before the requested item is ordered, unless other financial arrangements have been made. The cost of elective care includes expenses associated with providing the treatment, including follow-up care, as well as all costs associated with transport and security. To obtain an elective service or item under this rule, an AIC must sign a withdrawal request form for their trust account before the Department will provide the service or item. The AIC's trust account will be charged for the estimated or actual cost of the service or item. If an AIC must pre-pay before obtaining the service or item, the AIC must sign a withdrawal request form with sufficient funds available and debited before the service or item is provided. Upon delivery of the device, any variance from the actual cost will be indebted or credited to the AIC's trust account accordingly.

(b) For medical requests, the chief medical officer of the facility must review and approve follow-up care and treatment recommended by community providers. Any requests to purchase elective dental care from community providers must be reviewed and approved by the department’s dental director.

(c) Health Services may consider the following when determining whether to authorize an AIC to purchase a service or item, or whether an AIC must pre-pay or may incur indebtedness to obtain the service or item:

(A) Urgency of need;

(B) Time left on sentence;

(D) Morbidity;

(E) Mortality;

(F) Functional disability;

(G) Expected improvement;

(H) Alternatives;

(I) Risks and benefits;

(J) Costs and benefits; and

(K) Security concerns.

(d) Except as provided in OAR 291-124-0041, OAR 291-124-0043 (eyeglasses), OAR 291-124-0044 (hearing aids) and OAR 291-124-0045 (durable medical equipment), an AIC is generally required to pay for elective devices that become the personal property of the AIC. An AIC is not generally required to pay for medical items that are provided for limited-term medical condition (casts, splints, ace wraps,) for short-term use (canes, crutches, or braces), or for a medically necessary procedure (heart valves, cardiac stent, inter-ocular lens implants.)

(e) Footwear: Health Services may approve footwear that is not subject to OAR 291-124-0045, on a case-by-case basis.

(f) Health Services may decline to authorize elective devices that are of minimal proven medical value, and authorization decisions must be weighed against safety and security concerns. Examples of items that are not generally authorized include, but are not limited to, high-top tennis shoes, soft pillows, heating pads, and knee sleeves for sports.

(g) Items for self-care are available on the commissary list. An AIC may be advised to purchase a particular self-care item by Health Services employees. Such advice is intended as education in self-care and is not a directive that the item is considered medically necessary.

(2) Expenses for Medical Care for AICs on Escape, Short-Term Transitional Leave, Non-Prison Leave, Parole, Post-Prison Supervision, or Emergency Leave:

(a) Expenses incurred for healthcare of offenders on parole or post-prison supervision are the responsibility of the offender.

(b) Expenses incurred for healthcare of AICs on escape status are not the responsibility of the department.

(c) Expenses incurred for healthcare of AICs on short-term transition leave and non- prison leave are the responsibility of the AIC.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, amend filed 08/13/2024, effective 08/13/2024
DOC 5-2023, amend filed 03/10/2023, effective 03/10/2023
DOC 10-2022, temporary amend filed 10/26/2022, effective 10/26/2022 through 04/23/2023
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018
DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018
DOC 16-2010, f. & cert. ef. 11-19-10
CD 18-1995, f. 9-25-95, cert. ef. 10-1-95
CD 3-1990, f. & cert. ef. 1-29-90

Or. Admin. R. 291-124-0086 Provision of Specified Elective Durable Medical Equipment at State Expense

(1) Notwithstanding 291-124-0085, Health Services may provide certain elective durable medical equipment described in this rule, and repairs, replacement, and supplies for that durable equipment, at state expense. The authorization and provision of durable medical equipment under this rule is subject to TLC Committee review and approval as provided under OAR 291-124-0041.

(2) Medical prostheses: Health Services may authorize and provide a medical prosthesis, which is defined as an artificial device to replace or augment a missing or impaired part of the body, at state expense, when the medical prosthesis is clinically indicated because of a substantial functional deficit, or when there is a demonstrable and substantial inability to perform activities of daily living (ADL). A recommendation to provide a medical prosthesis will be based upon the AIC’s ability to function in the correctional environment with or without a proposed medical prosthesis.

(a) Restriction or confiscation of a medical prosthesis for any non-emergent reason (other than a medical reason) should occur with prior consultation with Health Services when practicable. Any restriction or confiscation for any emergent reason should occur with prior consultation with Health Services, when practicable, or as soon as practicable in the event that prior consultation, as soon as practicable. The functional unit responsible for restriction or confiscation of a medical prosthesis shall notify the institution or statewide ADA coordinator regarding the restriction or confiscation as soon as practicable.

(b) The frequency of monitoring of prostheses will be determined by Health Services, and upon request, by security. Monitoring shall include review for any alterations, natural wear, destruction, or disrepair.

(c) Health Services may authorize and provide the repair or replacement of a medical prosthesis provided under this rule, as clinically indicated and appropriate.

(d) Health Services may decline to provide a medical prosthesis, repair, or replacement under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted), or destroys any previously issued or approved medical prosthesis.

(3) Hearing aids: Health Services may authorize and provide, at state expense, a monoaural hearing aid or binaural hearing aids, following the criteria provided under ORS 291-124-0041 and 291-124-0085.

(a) Health Services may authorize and provide the repair or replacement of a hearing aid provided under this rule, as clinically indicated and appropriate.

(b) Health Services may authorize and provide for replacement batteries at state expense and at no cost to the AIC, on a schedule that is consistent with ordinary use of the hearing aid.

(c) Health Services may decline to provide a hearing aid, repair, replacement, or battery under this rule, in the event an AIC misuses, alters, abuses, damages (ordinary wear and tear excepted), or destroys another previously issued or approved hearing aid or hearing aid battery.

(4) Eyeglasses: Health Services may authorize and provide eyeglasses as provided in OAR 291-124-0041 and 291-124-0085.

(a) Health Services may authorize and provide one pair of eyeglasses, at state expense, once every two years. An AIC may purchase additional eyeglasses as provided in OAR 291-124-0085.

(b) All repair and maintenance of eyeglasses provided under this rule shall remain the responsibility of the AIC.

(5) Durable medical equipment subject to this rule is limited to:

(a) A medical prosthesis; or

(b) A monoaural or binaural hearing aid; or

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 5-2023, adopt filed 03/10/2023, effective 03/10/2023
DOC 10-2022, temporary adopt filed 10/26/2022, effective 10/26/2022 through 04/23/2023

Or. Admin. R. 291-124-0090 Reporting and Evaluation

Health Services shall prepare a report each quarter listing the deaths which have occurred in Department of Corrections facilities, including the age of the deceased, cause of death, and disposition of remains. This report shall be submitted to the President of the Senate and the Speaker of the House of Representatives according to ORS 179.509 by the 30th of the month following the end of the quarter.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2010, f. & cert. ef. 11-19-10

Or. Admin. R. 291-124-0100 Access to AIC Healthcare Records

(1) The department will provide each AIC, upon request by the AIC, a single paper copy of that AIC’s healthcare record established under OAR 291-124-0075. The free copy provided in this rule is limited to only paper records that may be readily photocopied, and will not include, among other records, electronic documents, x-ray film, oversized records (exceeding 11 inches in width or 17 inches in length, or both), or other non-paper records.

(a) An AIC may obtain a free copy of the healthcare records provided under this rule by submitting a written request to a Medical Services Manager or institution medical records specialist. A former AIC, within one year from release from DOC custody, may request the free copy provided under this rule by submitting a written request to Paroled Medical Records staff. In a written request under this rule, the AIC may request a complete copy of all paper records. The AIC must include with that written request an authorization to disclose protected health information that complies with ORS 179.505(3) and, when necessary, ORS 192.566.

(b) The free copy provided in this rule will be provided only to the AIC, is not subject to the disclosure timeline provided in ORS 179.505(9)(a) and will be provided only after the department has waived fees the department may otherwise charge under ORS 192.563. Nothing in this rule shall be construed as limiting an AIC to separately obtain healthcare records under ORS 179.505, subject to an obligation to pay charges authorized under ORS 192.563, or to obtain a copy of healthcare records as provided under ORS 192.576.

(c) An AIC who has previously obtained a free copy of any paper records under this rule may make additional requests for paper records that the AIC has not previously requested under this rule. For example, an AIC may submit a request for paper records the AIC did not request in a prior request under this rule, or an AIC may request new or updated records created since the AIC’s prior request under this rule.

(d) Notwithstanding any other provision in this rule, the AIC will remain responsible for following any administrative rules and institutional limits on the storage of paper records, including any limits on the number of paper records that may be physically stored within a cell or designated storage areas. The AIC will remain responsible for any postage or shipping costs necessary to mail any records out of a correctional facility in order to comply with any applicable storage limits.

(2) Except as provided in subsection (1), a request for health records will be processed in accordance with ORS 179.505 and ORS 192.563. The cost of duplication of health records with a signed written disclosure authorization will be assessed as follows:

(a) Pages 1 through 10 - $1.25 each;

(b) Each additional page $.25 each;

(d) Actual costs for duplication of diagnostic x-rays.

(e) Actual costs for preparing explanation or summary of protected health information as requested by individual or personal representative of the individual.

(3) When processing a request under this rule, the Department of Corrections may withhold disclosure of healthcare records as provided under ORS 179.505(9) or other healthcare records as provided by law.

History

Statutory/Other Authority: 192.563, 192.318, 192.324, 192.576, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 192.505, 192.324, 192.576, 423.020, 423.030 & 423.075
DOC 5-2023, amend filed 03/10/2023, effective 03/10/2023
DOC 3-2022, adopt filed 04/14/2022, effective 04/14/2022

Or. Admin. R. 291-124-0110 Medication for Opioid Use Disorder

(1) Health Services may provide a form of medication for opioid use disorder (MOUD) to an AIC diagnosed with opioid use disorder.

(2) Health Services may continue MOUD for an AIC who has been recently admitted to DOC and who has a release date within six to thirteen months. A review committee established under this rule may consider whether to continue a form of MOUD for an AIC with a release date longer than thirteen months.

(3) Health Services may operate a program in which a form of MOUD may be continued or induced for an AIC who has a release date within thirteen months. As a part of that program, a review committee established under this rule, consisting of the Chief of Medicine, the Chief of Psychiatry, and the Behavioral Health Services Administrator or their designees, may consider whether to approve a form of MOUD for continuation or induction for an AIC with a release date longer than thirteen months.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 17-2024, adopt filed 08/13/2024, effective 08/13/2024

Or. Admin. R. 291-124-0200 Doula Services

Health Services shall operate a doula program for pregnant and postpartum adults in custody at Coffee Creek Correctional Facility. Doula services are available to an adult in custody who is pregnant, or who has been pregnant or has given birth in the preceding 12 months. Doula services include those set forth in ORS 421.173(4) including, but not limited to, one-on-one patient visits and assistance, preparation of the birth plan, on-site support at the birth, education, and group work.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 421.173
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 421.173
DOC 17-2024, adopt filed 08/13/2024, effective 08/13/2024
DOC 11-2024, temporary adopt filed 06/13/2024, effective 06/13/2024 through 12/09/2024

Or. Admin. R. 291-124-1000 Purpose and Policy

(1) Purpose: The purpose of these rules OAR 291-124-1000 through -1040 is to establish standards for the Department of Corrections to certify employees that provide mental health services to AICs in DOC facilities as qualified mental health professionals or qualified mental health associates.

(2) Policy: It is the policy of the Department of Corrections that employees providing mental health services to AICs meet the standards established in these rules and be certified accordingly by the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 19-2011, f. & cert. ef. 10-11-11
DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11

Or. Admin. R. 291-124-1010 Definitions for Rules OAR 291-124-1000 through 291-124-1050

(1) Behavioral Health Services Administrator: The person responsible for the overall organization and delivery of mental health services to AICs.

(2) Behavioral Health Services (BHS): A Health Services unit with primary responsibility for the assessment and treatment of AICs with mental illness and developmental disabilities.

(3) Case Management: Delivery of mental health services to AICs. Case management activities include:

(a) Identifying, screening and evaluating AICs to determine their eligibility for services;

(b) Implementing individualized service plans, assistance in applying for financial benefits;

(d) Participating in case staffing;

(e) Providing emotional support and counseling;

(f) Crisis intervention for immediate safety concerns; and

(g) Daily structure, support, supervision, and skills training;

(4) Clinical Director: The person responsible to monitor clinical operations statewide who reports to the Behavioral Health Services Administrator. The clinical director must have a minimum of eight years of experience providing mental health services, a Master’s degree, two years of post-graduate clinical supervision and licensure in the State of Oregon.

(5) Clinical Supervisor: The Behavioral Health Services program manager that supervises mental health treatment services provided by mental health specialists to AICs. The clinical supervisor must meet the requirements of a qualified mental health professional and have a minimum of five years of experience providing mental health services, with at least one year that includes supervision of staff.

(6) Crisis: An urgent or emergency situation that occurs when an AIC’s stability or functioning is disrupted and there is an immediate need to resolve the situation to prevent serious deterioration or self injury.

(7) Diagnosis: A diagnosis consistent with the current “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association.

(8) Mental Health Assessment: A process in which an AIC’s need for mental health services is determined through an evaluation of the AIC’s strengths, goals, needs, and current level of functioning.

(9) Mental Status Examination: An overall assessment of an AIC’s mental functioning and cognitive abilities.

(10) Mental Health Specialist: A Behavioral Health Services employee responsible for the delivery of mental health services to AICs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 19-2011, f. & cert. ef. 10-11-11
DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11

Or. Admin. R. 291-124-1020 Credentialing and Certification Process

(1) The clinical director is responsible for credentialing employees hired as mental health specialists.

(2) A mental health specialist must meet the requirements established in OAR 291-124-1030 as a qualified mental health associate (QMHA) or qualified mental health professional (QMHP).

(3) The clinical director shall review the employee’s education, experience and competencies to determine if the employee can be certified as meeting the professional standards of a qualified mental health associate or qualified mental health professional.

(4) Personnel Documentation: A copy of transcripts, academic degrees, licenses, certifications, and a verification form used to record the credentialing and certification information shall be retained in the employee’s personnel file.

(5) The employee will be provided with a position description that includes a description of duties that a qualified mental health associate or qualified mental health professional are certified to provide.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
DOC 19-2011, f. & cert. ef. 10-11-11
DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11

Or. Admin. R. 291-124-1030 Qualified Mental Health Associate and Qualified Mental Health Professional Standards

(1) A qualified mental health associate (QMHA) must meet the following minimum qualifications:

(a) Bachelor's degree in a behavioral sciences field; or

(b) A combination of at least three years relevant work, education, training or experience; and

(c) Demonstrate the competency necessary to communicate effectively; understand mental health assessment, treatment and service terminology and apply these concepts; provide psychosocial skills development; implement interventions as assigned on an individual plan of care; and provide behavior management and case management duties.

(2) A qualified mental health professional (QMHP) is a licensed medical practitioner or any other person who holds any of the following educational degrees and meets the following minimum qualifications:

(a) Graduate degree in psychology;

(b) Bachelor's degree in nursing and licensed by the State of Oregon;

(d) Graduate degree in a behavioral science field;

(e) Graduate degree in recreational, music, or art therapy

(f) Bachelor's degree in occupational therapy and licensed by the State of Oregon; and

(g) Whose education and experience demonstrate the competency to identify precipitating events; gather histories of mental and physical disabilities, alcohol and drug use, past mental health services and criminal justice contacts; assess family, social and work relationships; conduct a mental status examination; document a multiaxial DSM diagnosis; write and supervise an individual plan of care; conduct a mental health assessment and provide individual, family or group therapy within the scope of their training.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
DOC 19-2011, f. & cert. ef. 10-11-11
DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11

Or. Admin. R. 291-124-1040 Supervision of Qualified Mental Health Associates and Qualified Mental Health Professionals

(1) A qualified mental health associate shall deliver mental health services to AICs under the direct supervision of a qualified mental health professional.

(2) A qualified mental health professional shall deliver mental health services to AICs under the direct supervision of a clinical supervisor.

(3) Clinical Supervisor: A clinical supervisor shall demonstrate the competency to oversee and evaluate the mental health treatment services provided by qualified mental health professionals and qualified mental health associates.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
DOC 6-2020, amend filed 04/10/2020, effective 04/10/2020
DOC 19-2011, f. & cert. ef. 10-11-11
DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11

Or. Admin. R. 291-124-1050 Variances

(1) The Behavioral Health Services Administrator has the authority to grant a variance to the criteria used to determine the status of a qualified mental health professional or a clinical supervisor.

(2) The clinical director must document the reason for the variance and propose a timeline for the duration of the variance.

(3) Signed documentation from the Behavioral Health Services Administrator indicating support of the proposed variance shall be retained in the employee’s personnel file.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2011 OL ch 333
DOC 19-2011, f. & cert. ef. 10-11-11
DOC 12-2011(Temp), f. & cert. ef. 6-16-11 thru 12-13-11

Division 127 VISITING

Or. Admin. R. 291-127-0400 Authority, Purpose and Policy

(1) The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) The purpose of these rules is to establish department policy and procedures regarding adult in custody visitation, and the administration of visitation programming in the Department of Corrections facilities.

(3) Policy:

(a) Visiting is an integral component of facility management, adult in custody habilitation, and community safety. Visiting can improve public safety, encourage responsible familial relationships, and reduce the risk of future criminal behavior.

(b) Within the inherent limitations of resources and the need for facility security, safety, health, and good order, it is the policy of the Department of Corrections to permit, promote, facilitate, and encourage approved visitation of adults in custody with their families, friends, and others in the Department of Corrections facilities in accordance with these rules.

(c) When authorized, visitation in a Department of Corrections facility is permitted neither as a matter of right nor as a privilege of the adult in custody or the adult in custody’s visitor; rather, visitation in Department of Corrections facilities is permitted by the department when it furthers the adult in custody’s correctional planning and the department’s correctional goals and mission and is consistent with the safe, secure and orderly management and operation of the facility.

(d) The department encourages productive relationships between families and adults in custody and sees adult in custody visitation as a positive means to strengthen ties and increase the likelihood of success upon release.

(e) The department intends that its rule prescribing eligibility criteria for prospective visitors set forth in OAR 291-127-0415(2)(i) apply retroactively to all persons who have submitted or will submit a visiting application prior to, on, and after the effective date of the rule.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 9-2021, amend filed 06/04/2021, effective 06/04/2021
DOC 3-2021, temporary amend filed 04/01/2021, effective 04/01/2021 through 09/27/2021
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0405 Definitions

(1) Accompanied Visit: A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody is permitted to visit with a minor child who remains in the company of an approved adult visitor with the written consent of the custodial parent or guardian.

(2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Adult on Supervision: Any person under the supervision of a local community corrections agency who is on probation, leave, parole, or post-prison supervision.

(4) Basic Visiting: A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody and an approved visitor are permitted to see and talk with each other on a scheduled basis for a reasonable period of time with no physical contact.

(5) Co-Defendant: A person who has been convicted of a crime in which the adult in custody had some involvement in the same criminal incidents which gave rise to the conviction, or who is currently the subject of a criminal prosecution for the same criminal incidents involving the adult in custody.

(6) Conspiracy: An agreement between an adult in custody and one or more persons to engage in, cause, or conceal a rule violation or criminal activity.

(7) Contraband: Any article or thing which an adult in custody is prohibited by statute, rule, or order from obtaining, possessing, or which the adult in custody is not specifically authorized to obtain or possess or which the adult in custody alters without authorization.

(8) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under any department-sanctioned assignment to provide services or support to department programs.

(9) Department of Corrections Facility: Any institution, facility or employee office, including the grounds, operated by the Department of Corrections.

(10) Disrespect: Where a visitor directs hostile, sexual, abusive, or threatening language or gestures, verbal or written, towards or about another person.

(11) Disturbance: Conduct or activity which unnecessarily interferes with visitation operations, or which advocates, encourages, promotes or otherwise creates or poses a threat to the safety, security, health and good order of the facility, or the safety and security of adults in custody, employees, visitors, contractors or the community. A visitor commits a disturbance if they advocate, create, engage in, maintain or promote an annoying condition or disorder characterized by unruly, noisy, or violent conduct which disrupts the orderly administration of the visiting process.

(12) Domestic Partner: An individual joined in a domestic partnership.

(13) Domestic Partnership: A civil contract between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon, which has been filed with the County Clerk and entered in the domestic partnership registry.

(14) Electronic Communication Device: A device designed to be used for or is readily capable of being used for making or receiving wireless communication transmissions.

(15) Employee: Any person employed full-time, part-time or on temporary appointment by the Department of Corrections.

(16) Excessive Contact: Prolonged or frequent contact between a visitor and an adult in custody which exceeds the brief embrace and kiss upon meeting and leaving. Excessive is not casual contact, but rather a pattern of contact beyond rule limits. Hand-holding or holding of children is specifically allowed.

(17) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(18) Holiday: A day recognized and announced annually as a holiday. If the actual and generally recognized holiday differs from the day recognized by the Department of Administrative Services, the holiday recognized for purposes of this rule is the date indicated on the calendar.

(19) Inflammatory: Material whose presence in the facility is deemed by the department to constitute a direct and immediate threat to the security, safety, health, good order, or discipline of the facility because it incites or advocates physical violence against others.

(20) Immediate Family Member: Spouse, domestic partner, parent or guardian, sibling, child, aunt, uncle, niece, nephew, grandchildren, and grandparents, including foster, in-law, and step relationships.

(21) Inappropriate Relationship: A personal relationship between an adult in custody or adult on supervision and any employee or non-employee service provider of any state, county, or federal correctional facility that developed during the course of employment or as a non-employee service provider or as a result of same.

(22) Intake Status: The period of time following delivery of an adult in custody to the custody of the Department of Corrections in which the department conducts its intake processing of the adult in custody including, but not limited to, the conduct of medical and mental health assessments, custody classification, and identification of programming needs and assignments.

(23) Non-Employee Service Providers (NSP): An individual who provides services or programs to the department and or to adults in custody, including an individual who provides services or programs remotely, but not as a paid employee of the department. Examples of non-employee service providers include contractors, volunteers, mentors, criminal justice partners, and government agency partners.

(24) Official Records: Police Reports, indictments, judgement orders, or other official government records.

(25) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(26) Privileged Visiting: A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody and an approved visitor are permitted to see and talk with each other on a scheduled basis for a reasonable period of time with limited physical contact, consisting of a brief embrace and kiss upon meeting and leaving, hand holding, and holding of children.

(27) Professional Visits: Visitation for nonsocial purposes by attorneys, representatives for criminal justice agencies, state or local agencies, other public government agencies or for therapeutic or programming purposes.

(28) Search: A close inspection, including touching in an impartial manner, of a person, vehicle, possessions, or other property, or buildings or premises. For purposes of entering a correctional facility, searches often require the removal and separate inspection of shoes, belts, jackets, and other accessories during processing. Types of searches include the following:

(a) Clothed: To search a person for something by running the hands over the clothed person, through the hair, inspecting pockets and cuffs, and other items in their possession.

(b) Hand-Wand Inspection: A search procedure wherein the person will be asked to stand with feet and legs apart and arms out to the side while a wand is passed in close proximity to all areas of the visitor’s body.

(c) Unclothed: A search procedure wherein the person being searched removes all of their clothing and is visually examined and clothing removed is carefully inspected before return and redressing, for the purpose of detecting contraband.

(29) Service Animal: A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act (ADA).

(30) Sexual Activity: Sexual contact including, but not limited to sexual intercourse, kissing, fondling, or manipulation of the genitalia, buttocks, and breasts of another person, or of oneself, in a manner which produces or is intended to produce sexual stimulation or gratification.

(31) Sex Crime Involving a Minor Child: Any conviction (including juvenile adjudications) of a sexual crime committed, attempted, or conspired in which a minor child was involved, victimized, or the intended victim.

(32) Special Visits: Those visits listed below:

(a) A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody is permitted to visit with a person who is not on the adult in custody’s approved visiting list;

(b) An extra visit by an adult in custody and a person who is on the adult in custody’s approved visiting list that is permitted beyond the limits on the number of visits established by these rules and the facility; and

(33) Spouse: A person who is legally married to an adult in custody.

(34) Termination of Visiting: The end of visiting privileges for the day by order of a visiting area employee or other authorized employee.

(35) Visitor: Any person, not a department or Oregon Corrections Enterprises employee, non-employee service provider, or other agency liaison who is within the secure perimeter of a Department of Corrections facility.

(36) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities, and programs of the Department (includes practicums and interns). Volunteers serve at the pleasure of the department and are not considered employees. Volunteers are subject to the provisions of the department’s rules on Volunteers and Students Interns (OAR 291-015).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 7-2024, temporary amend filed 05/16/2024, effective 05/16/2024 through 11/11/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0410 Eligibility of Adults in Custody

(1) All adults in custody, except those adults in custody on intake status or as specifically provided in these rules, are eligible to apply for visits while confined in a Department of Corrections facility.

(2) Adults in Custody Convicted of Sexual Crimes Involving Minor Children:

(a) Adults in custody who have a current or prior conviction for a sexual crime involving a minor child are ineligible to visit with any minor child, other than their own child or grandchild. Adults in custody who have a current or prior conviction or who have a documented history of a sex crime involving a minor member of their immediate family are ineligible to visit with any minor child, including their own child or grandchild.

(b) An adult in custody who is eligible to visit with their own child or grandchild must provide the department with a birth certificate and other such documentation as may be necessary for employees to confirm that the child is the adult in custody’s child or grandchild in order to receive approval to visit with the child or grandchild.

(3) Restriction to Basic Visiting: An adult in custody who has been found in violation of the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), including attempt or conspiracy to commit a violation of the department’s rules, may have their visits restricted to basic visiting as a sanction in the final order in accordance with the rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0415 Eligibility of Prospective Visitors

(1) All persons, except as specifically provided in these rules, are eligible to be considered by the department for approval to visit an adult in custody confined in a Department of Corrections facility, upon application and request by the adult in custody or prospective visitor.

(2) A person is ineligible to visit an adult in custody confined in a Department of Corrections facility if the person:

(a) Has been convicted of, or has criminal charges pending against them for the following crimes or criminal activities:

(A) Introduction or supplying, attempting or conspiring to introduce or supply contraband;

(B) Possession, control or delivery of an explosive device or substance, including attempt or conspiracy to do the same; or

(C) Assisting an adult in custody in an escape or unlawful departure from a correctional facility, including an attempt or conspiracy to do the same.

(b) Has any pending criminal charges;

(d) Has been determined by the department to have introduced or conspired to introduce contraband into any state, county, or federal correctional facility as defined in the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) and the person was permanently removed from the adult in custody’s visiting list;

(e) Is identified in official records reviewed by the Department of Corrections as a victim of the adult in custody’s crime(s) of conviction for which the adult in custody is currently serving a sentence of incarceration to the legal and physical custody of the Department of Corrections, and the sentence is for conviction of a person felony or person misdemeanor crime as defined in the Oregon Criminal Justice Commission’s rules on Definitions (OAR 213-003-0001);

(f) Has been convicted of a person felony or person Class A misdemeanor as defined in the Oregon Criminal Justice Commission’s rules on Definitions (OAR 213-003-0001) within five years of the application date in which the adult in custody was a victim;

(g) Is or has been a co-defendant with the adult in custody in any criminal prosecution, within five years of the application date;

(h) Has been convicted of the unlawful possession, delivery, or manufacture of a controlled substance as defined in ORS 475.005(6) within the last three years;

(i) Has been incarcerated for conviction of a felony crime in a state, county or federal corrections facility at some time in the past three years;

(j) Is a former Department of Corrections employee, non-employee service provider, or law enforcement personnel who resigned from their position in lieu of termination as a result of an inappropriate relationship with an adult in custody, or who was discovered after their resignation, retirement, or termination to have been engaged in an inappropriate relationship with an adult in custody housed at any state, county, or federal correctional facility; or

(k) Is a former non-employee service provider whose facility access has been denied as a result of an inappropriate relationship with an adult in custody housed at any state, county, or federal correctional facility.

(3) Minor Children Who Qualify as Victims of Designated Crimes: Notwithstanding OAR 291-127-0415(2), a minor child who is identified in official records reviewed by the Department of Corrections as a victim of a person felony or person Class A misdemeanor as defined in the Oregon Criminal Justice Commission’s rules on Definitions (OAR 213-003-0001) may be approved by the Assistant Director of Correctional Services or designee to visit with their incarcerated parent in custody if the Department of Human Services provides the Department of Corrections written support for the visitation to take place or notifies the Department of Corrections that a juvenile court order has been issued that approves or recommends the visitation.

(4) A person who is on probation, parole, or post-prison supervision will be eligible to apply for visiting with the written consent of the person’s parole or probation officer, or in the case of court-supervised probation, with the written consent of the supervising judge, and the approval of the institution’s functional unit manager or designee, subject to all eligibility requirements in this rule.

(5) Current Department of Corrections employees and non-employee service providers are ineligible to visit an adult in custody unless the adult in custody is a member of the employee’s or non-employee service provider’s immediate family as defined in these rules.

(6) A prospective visitor may not be on more than one adult in custody approved visiting list at the facility where the adult in custody is confined, unless the prospective visitor is an immediate family member to both adults in custody.

(7) Non-employee service providers may be approved to visit more than one adult in custody in the same facility if approved by the functional unit manager or designee.

(8) Non-employee service providers may not visit any adults in custody at the same facility in which they are volunteering or providing services unless approved by the functional unit manager or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 7-2024, temporary amend filed 05/16/2024, effective 05/16/2024 through 11/11/2024
DOC 9-2021, amend filed 06/04/2021, effective 06/04/2021
DOC 3-2021, temporary amend filed 04/01/2021, effective 04/01/2021 through 09/27/2021
DOC 14-2019, minor correction filed 07/01/2019, effective 07/01/2019
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0420 Visiting Application

(1) Adults in custody or prospective visitors must submit a completed visiting application (CD 50D) to Visiting Services for each prospective visitor regardless of their age.

(2) All prospective visitors aged 15 years and older shall be subject to a criminal record check as part of the visitation approval process.

(3) If the prospective visitor is an un-emancipated minor child, a notarized letter of custodial consent (Visiting Services Form 3 or Form 4) signed by the custodial parent or legal guardian must be submitted to Visiting Services as part of the visitation approval process.

(4) After review of an application, Visiting Services will notify the adult in custody in writing whether the application has been approved or denied.

(a) The adult in custody is responsible for informing their prospective visitors whether the visiting application has been approved or denied.

(b) The adult in custody can decline the visitor being added to their list by submitting a written request to Visiting Services.

(5) The Department of Corrections may, in its sole discretion, deny applications to visit if it is determined that permitting the visitation would jeopardize the safety, security, health or good order of the facility, or the safety and security of other adults in custody, employees, visitors, contractors, or the community. Specific reasons for denial include, but are not limited to, the following:

(a) The adult in custody or prospective visitor has previously introduced contraband into a jail or other corrections facility, or there is suspicion that the adult in custody or prospective visitor will introduce contraband into a Department of Corrections facility through the visiting process.

(b) The adult in custody or prospective visitor has previously disrupted the visiting process or violated visiting rules and procedures within a jail or other corrections facility by words or acts, or there is suspicion that the adult in custody or prospective visitor will disrupt the visiting process or violate visiting rules and procedures within a Department of Corrections facility by words or acts.

(c) There is suspicion that the adult in custody or prospective visitor is engaged in any form of criminal activity in the community or within a Department of Corrections facility.

(d) The prospective visitor has refused to consent to a search based upon reasonable suspicion during a prior visit to any Department of Corrections facility.

(6) If visiting is denied, the notice shall include the specific grounds for denial upon which the decision is based and inform the adult in custody that they may request an administrative review by submitting a completed administrative review for denial of visiting application form (CD 1594) as specified in this rule.

(7) All inquiries regarding a visiting application must be in writing and directed to Visiting Services. Department of Corrections employees will not respond to telephone inquiries by prospective visitors regarding department decisions to approve or deny an adult in custody’s visiting application.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0425 Adult in Custody Visitor List Maintenance

(1) A visitor shall be removed from an adult in custody's approved visiting list upon written request by either the adult in custody or the approved visitor.

(a) Once removed, the visitor may not request an administrative review of this decision and the visitor shall not be eligible to be placed on the adult in custody's visiting list or on any other adult in custody's approved visiting list at the same correctional facility for a minimum of 90 days.

(b) If a visitor is removed from a visiting list prior to visiting the adult in custody, the visitor will not be subject to the 90-day waiting period to apply to visit another adult in custody.

(2) If a visitor has not visited the adult in custody within the previous two years, the visitor will be automatically removed from the adult in custody’s visiting list and the adult in custody will be notified.

(a) In such an event, the visitor must submit a new application to be added to the list.

(b) A criminal record check will be conducted every two years on all visitors remaining on the adult in custody’s list. If deemed ineligible per these rules, the visitor will be removed from the adult in custody’s visiting list and the adult in custody notified.

(3) Visitors are responsible for notifying the department in writing of a change of address or a name change. In the case of a name change, the visitor must provide verification of the name change (for example, marriage certificate).

(4) Adults in custody who are returned to a Department of Corrections facility following an escape or a period of parole or post-prison supervision in the community shall have all visitors automatically removed. A new visiting application (CD 50D) must be submitted for each prospective visitor to be added to the list.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0430 Visiting Points System

(1) The number of visits approved in any calendar month for adults in custody in a Department of Corrections facility shall be limited in accordance with the following point value system:

(2) Each adult in custody who is permitted visiting (privileged or basic) shall be allocated visiting points each calendar month in accordance with their incentive level as outlined in the department’s rules on Performance Recognition and Award System (OAR 291-077).

(3) Visiting points shall not be deducted for a child under the age of 3 years old, as long as the child is held during the visiting session. Visiting points shall not be deducted for visitors aged 65 years and older.

(4) On weekdays, one point shall be deducted for each visitor per visiting session.

(5) On weekends and holidays, two points shall be deducted for each visitor per visiting session, except in those Department of Corrections facilities with weekend visiting only, in which case one point shall be deducted for each visitor per visiting session.

(6) Visitation periods when points are not deducted may be permitted at the discretion of the functional unit manager or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0435 Visiting for Adults in Custody Assigned to General Population

(1) The time, length, and place of visits shall be posted at the visiting desk and visiting room of each Department of Corrections facility.

(2) Visitors will be accommodated on a first-come, first-served basis unless a different process is approved by the functional unit manager.

(3) Visiting hours normally occur five days per week, including state holidays, except at minimum-security facilities. Due to physical plant design, work environment, or employee level, facilities may limit or expand number of days, length, and time of visits at the discretion of the functional unit manager.

(4) Due to physical plant design, facilities may limit the number of visitors to no more than three or four persons at one time at the discretion of the functional unit manager or designee. Children under the age of three shall not be counted as part of the maximum number of visitors. Those with minor children exceeding these limitations may appeal to the functional unit manager or designee for approval in advance of the visiting.

(5) Adults in custody assigned to general population in a Department of Corrections facility may be permitted only one visiting session per visitor per day on weekends and holidays. Department of Corrections facilities shall take into consideration hours the visitors have traveled and any other extraneous situations that may warrant permitting two visiting sessions per day on weekends and holidays at the discretion of the functional unit manager or designee.

(6) An adult in custody assigned to general population in a Department of Corrections facility whose visits are restricted to basic visiting shall be permitted the following:

(a) No more than eight visiting sessions per month.

(b) Only two visitors per visit shall be allowed. A third person may be permitted if they are under three years of age and is held. Exceptions may be specifically authorized by the functional unit manager or designee.

(c) Duration of visits shall be established by the functional unit manager or designee and shall be a minimum of one hour, depending on space availability.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0440 Visiting for Adults in Custody Assigned to Special Housing

(1) All visits with adults in custody assigned to a special housing unit must be scheduled in advance with the housing facility. The type of visit, number of visitors, and duration of the visit for each housing unit is dependent upon space availability.

(2) Adults in custody assigned to a Disciplinary Segregation Unit (DSU) or Administrative Segregation Unit (ASU) may be permitted one basic visit per week, for a minimum of one hour with up to any two persons from their approved visitor list. A third person may be permitted depending on space availability.

(3) Adults in custody assigned to an Administrative Housing Unit may be permitted basic visits with any person from their approved visitor list.

(4) Adults in custody assigned to an Intensive Management Unit (IMU) may be permitted basic visits with up to any two persons from their approved visitor list. Visits will be based on the adult in custody’s program level.

(5) Adults in custody assigned to a Mental Health Infirmary (MHI) may be permitted visits with any person on their approved visitor list. Visits may occur on the housing unit or in the facility’s visiting area, upon recommendation from the functional unit manager or designee and in consultation with Behavior Health Services. No minor children are allowed to visit on the housing unit.

(6) Adults in custody who are permanently or temporarily assigned to the infirmary may be permitted visiting in the facility’s visiting area with approved visitors from their visiting list, upon recommendation the functional unit manager or designee and in consultation with Health Services. Adults in custody unable to reach the main visiting area may be permitted visits with the approved visitor in the infirmary upon recommendation of the functional unit manager or designee in consultation with Health Services.

(7) Adults in custody assigned to community hospitalization may be permitted visits as follows:

(a) Adults in custody assigned to a general population unit or to the infirmary prior to their current hospital admission may be permitted visiting during the course of their hospital stay, upon authorization of the functional unit manager and with consent from the attending physician or hospital administration. Visits must be scheduled in advance with facility personnel. Visits shall be during normal hospital visiting hours.

(b) Adults in custody assigned to a special housing unit prior to their current hospital admission will only be permitted visits on a case-by-case basis, upon recommendation of Health Services, and as authorized by the functional unit manager or designee.

(8) Adults in custody participating in a Department of Corrections hospice program may be permitted extended visitation on a case-by-case basis, upon recommendation of Health Services, and as authorized by the functional unit manager or designee. Visitation in the hospice program is not a part of the regular visitation program.

History

Statutory/Other Authority: ORS 423.020, 423.030, 179.040 & 423.075
Statutes/Other Implemented: ORS 423.020, 423.030, 179.040 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0445 Special Visits

(1) Adults in custody confined in a Department of Corrections facility may be afforded additional visitation opportunities at the discretion of the functional unit manager or designee.

(2) Adults in custody may request a special visit as defined in this rule.

(a) Adult in custody requests for special visits shall be made in writing to the functional unit manager or designee and received at least 30 days prior to the date of the requested special visit. The 30-day requirement may be waived if emergency or unusual circumstances exist.

(b) Special visits shall be restricted to basic visiting if a criminal background check cannot be made.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0450 Professional Visits

(1) Professional visits shall be approved in advance by the functional unit manager or designee. Such visits should be made by appointment during regular visiting hours or hours designated for professional visits by the facility.

(2) Persons approved for these types of visits with an adult in custody must present credentials or identification at the facility visiting desk or reception area sufficient to identify themselves.

(3) These types of visits are not subject to a point deduction.

(4) Professional visitors may be permitted to bring necessary documents or paperwork into the visiting area for exchange with the adult in custody with prior approval of facility employees.

(5) Computers, tape recorders, and other electronic devices may be permitted upon the approval of the functional unit manager or designee. All articles shall be searched for contraband.

(6) These types of visits shall be permitted with only one adult in custody at a time, except as otherwise authorized in advance by the functional unit manager or designee.

(7) Professional visits will not be approved for individuals who have applied and been approved or denied through the visitation application process for the adult in custody with whom they are seeking a professional visit.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0455 Enhanced and Event Visits

(1) Enhanced and event visits may be offered at the discretion of the functional unit manager.

(2) Event visits allow friends and family to participate in significant celebrations and accomplishments that take place inside a correctional facility. Examples include program graduations, banquets, sporting events, etc.

(3) Enhanced visits create purposeful environments where friends and family can naturally interact and create meaningful bonds that directly support reentry success and family wellbeing.

(4) Eligibility for these types of visitations is determined in conjunction with the non-cash incentives program outlined in the department’s rule on Performance Recognition and Award System (OAR 291-077).

(5) Additional eligibility for participation may be determined by the functional unit manager or designee.

(6) Visitors must be on the adult in custody’s approved visitor list for these visits. Persons not on an adult in custody’s approved visitor list may be given approval to attend an enhanced or event visit at the discretion of the functional unit manager or designee.

(7) Visiting points are not deducted for enhanced or event visits.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0460 Visitor Clothing

(1) In order to maintain a positive environment for all adults in custody and visitors, a reasonable clothing standard must be established. Visitors are encouraged to wear clothing that is conservative in nature in order to maintain a family friendly visiting environment.

(2) All visitors are required to wear:

(a) Undergarments, including non-underwire bras, which are not visible through outer clothing; and

(b) Footwear.

(3) The following clothing may be allowed:

(a) Dresses, skirts, jumpers, culottes, and shorts that are knee level or lower when standing;

(b) Tank tops as long as the undergarment is not visible;

(c) Light-weight sweaters, jackets, sport or suit coats, hooded sweatshirts and lined jackets or coats as long as they are worn by the visitor during the entire visiting session;

(d) Umbrellas, hats, outer garments such as raincoats, ski jackets and other garments that protect against rain and other inclement weather are normally prohibited within the main visiting room. Some visiting rooms require outside travel once checked in. In these cases, the facility will provide a designated area for the garment; or

(e) Headwear, if worn for religious reasons. All headwear is subject to inspection for security purposes.

(4) The following clothing is prohibited:

(a) Underwire bras;

(b) Blue denim or blue colored clothing of any kind;

(d) Clothing that is provocative as it may draw undue attention;

(e) Wraparound skirts;

(f) Dresses, skirts, jumpers, culottes, and shorts that end above the knee when standing or have slits more than one (1) inch above the knee;

(g) Clothing that exposes an undue amount of flesh (for example, exposing chest, back, thighs, or midsection). Examples of this type of clothing include, but is not limited to, halter tops, dresses, tube tops, see-through clothing, sheer fabrics, mini-skirts, shirts with low cut neck lines, and crop tops;

(h) Clothing, hairstyles, insignias, or other paraphernalia associated with security threat groups or that are inflammatory in nature; or

(i) Hats or headwear of any kind except as described in section in (3)(e) above.

(5) Children eight years old and under must be appropriately clothed and are not subject to the clothing restrictions listed in section (4) above.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0465 Facility Entry

(1) Facility employees will make every effort to ensure that visitors have an opportunity to visit on the day they arrive. Visitors are encouraged to view the agency website at http://www.oregon.gov/DOC or contact the facility for the institution’s restrictions and regulations for visiting hours, number of visitors, restroom use, parking, etc.

(2) Visitors are expected to arrive at a reasonable time prior to the session and leave immediately afterward. Loitering on facility grounds is not permitted. Attempts to communicate with adults in custody from the grounds before or after the visiting session may lead to suspension or removal from adult in custody's visiting list..

(3) Visitors shall park and secure their automobiles in the designated visitor parking lot. Parking for visitors with disabilities will be available in designated areas.

(4) Minor children or animals shall not be left unattended in cars or on facility property.

(5) Minor children may visit on any of the regular visiting days when accompanied by an adult visitor on the adult in custody 's approved visiting list. Both visitors must be visiting the same adult in custody at the same time. Exceptions may be specifically authorized by the functional unit manager or designee.

(6) Each visitor is allowed to bring up to $25 in change. Tokens, tickets, bank cards or other authorized cash substitute devices may be allowed in the visiting area at certain facilities. All are subject to inspection and approval.

(7) Visitors are allowed to bring in five non-polaroid photographs or five sheets of photographs. All documents and items shall be searched prior to entering or leaving the visiting area.

(8) Visitors are allowed to bring in only the following baby-care items for each infant. All items are subject to search:

(a) Two diapers;

(b) One clear plastic bottle;

(d) One pacifier; and

(e) Diaper wipes (in clear plastic bag).

History

Statutory/Other Authority: ORS 179.040, 423.030, 423.020 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.030, 423.020 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0470 Prohibited Contraband

(1) Contraband is prohibited on Department of Corrections facility grounds. Contraband includes, but is not limited to, explosive devices, firearms, ammunition, alcoholic beverages, marijuana, marijuana products, narcotics, dangerous drugs, or objects or material of any kind which might be used to compromise the safety and security of the facility.

(2) Tobacco and vaping products are not permitted on any Department of Corrections facility grounds.

(3) Electronic devices of any kind (for example, cell phones, smartwatches, pagers, tablets), whether worn or hand-held, that have the capability of audio or video recording, photography, or cell phone capabilities are not permitted.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0475 Identification Requirements

(1) Upon arrival at the visiting desk or reception area, the visitor shall sign a registration form and present valid photo identification (ID).

(2) One of the following will be required as identification for visitors aged 15 years and older to enter a Department of Corrections facility for privileged visiting:

(a) Driver’s license;

(b) Passport;

(d) Military identification;

(e) Student identification card; or

(f) Other official governmental identification.

(3) If you do not have the proper identification listed above for privileged visiting, you may be allowed a basic visit. Two of the following will be required as identification for visitors aged 15 and older to enter a Department of Corrections facility for basic visiting:

(a) Social Security Card;

(b) Birth certificate or registration;

(d) Current bank cards with a signature.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0480 Security Screening

(1) Visitors must be processed through a security checkpoint to access the visiting area within all Department of Corrections facilities. Security employees screen all visitors and search any authorized hand-carried items.

(2) Lockers may be provided for visitor use to store purses, carrying cases, or other personal items until the visit is over.

(3) Visitors are encouraged to let employee know of any personal needs or concerns due to religious or cultural considerations, disability, or other medical reasons.

(4) Any visitor who exhibits indication of use or appears to be under the influence of alcohol, marijuana, narcotics, or other intoxicants shall not be permitted to visit.

(5) Processing may require the removal of shoes, jackets, sweaters, suspenders, belts or other accessories for closer inspection or separate processing of the item.

(6) Excessive jewelry, areas of the body that have body piercings or undergarments with metal clasps or adjusters often alarm metal detectors and may delay or even prevent visiting. Visitors may be asked to remove body piercings or excessive jewelry to expedite the screening process.

(7) For security purposes, initial screening of visitors will be done by metal detector. For most visitors, successfully completing the scan by metal detector and the related inspection of clothing and authorized personal items will alleviate the need for additional screening.

(a) At facilities equipped with a functioning walk-through metal detector, all visitors must successfully pass through the detector unless a visitor has a documented medical condition or disability that would prevent the visitor from passing through the detector.

(b) At facilities without a functioning walk-through metal detector, a hand-wand type of metal detector may be used.

(8) Additional screening will occur when a metal detector alarms, a visitor is selected for additional screening, or the visitor has provided documentation to substantiate a condition that prevents successful screening by metal detector. Additional screening may include:

(a) A hand-wand inspection in conjunction with a clothed search of the visitor’s body, including the torso;

(b) A clothed search alone; or

(9) Clothed and unclothed searches will be conducted by an employee of the same gender.

(10) No visitor will be asked to submit to a search except upon consent as provided in OAR 291-041-0035.

(11) Should a visitor withdraw consent at any time once a search has been initiated, the searching officer shall discontinue the search immediately. The visit will not be allowed.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0485 Persons with Disabilities, Medical Conditions or Medical Devices

(1) Visitors with documentation regarding a medical condition or disability shall present this information to facility employees to help inform facility employees of the visitor’s circumstances. This documentation will not exempt the visitor from the security screening process.

(2) Medical devices and medications necessary for a visitor’s health (for example, inhalers, nitroglycerin) may be brought into the facility and left at the visiting officer’s desk.

(3) Visitors with a medical device (for example, pacemaker, defibrillator, device that operates under magnetic calibration, metal implants, wheelchair, bone growth stimulator, or other internal or external medical device) should check with their doctor prior to arriving at the facility to determine if it is safe to go through the metal detector or be screened with a hand-wand.

(4) Visitors must provide proper documentation of a disability, medical condition, or medical device that would prevent their passing through a walk-through metal detector, being screened with a hand-wand, or both. Visitors with proper documentation will be offered a clothed search as an alternative.

(5) To expedite the processing of visitors, the Department of Corrections recommends but does not require a visitor to advise facility employees that they have a pacemaker, implanted medical device, or metal implant and where that implant is located.

(6) Facility employee will need to resolve all security alarms associated with metal implants. Most alarms will be able to be resolved during a clothed search and should not typically require the lifting or removal of clothing.

(7) A modified clothed search will be used for visitors confined to wheelchairs or electric scooters as the reliability of hand-held metal detectors is limited by the structure of the chair itself. Visitors in wheelchairs or electric scooters shall limit their accessories and personal possessions during the visiting session to only those items medically necessary and allowed within this rule.

(8) If a visitor chooses not to consent to a clothed search, the visit may not be allowed.

(9) Should a visitor withdraw consent at any time once a search of any kind has been initiated, the searching officer shall discontinue the search immediately. The visit will not be allowed.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0490 Service Animals

(1) Visitors arriving with a service animal will be responsible to ensure that the service animal is properly controlled and behaved at all times.

(2) Visitors may be asked the following in relation to the service animal:

(a) To remove any apparel the service animal is wearing;

(b) If the animal is required because of a disability; and

(3) Adults in custody are not allowed to touch service animals.

(4) A person will not be asked to remove the service animal from the premises unless:

(a) The animal is out of control and the handler does not take effective action to control it.

(b) The animal is not housebroken.

(5) Where there is a legitimate reason to ask that the service animal be removed, facility employees shall offer the person with the disability an opportunity to visit without the animal’s presence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0495 Visiting Room Protocol

(1) Facility employees will assign seating appropriate for the size and make-up of the group, and space availability. Once visitors and adults in custody have been assigned seating in the visiting area, changing location requires approval of the visiting room supervisor.

(2) Visitors approved for privileged visiting may briefly embrace and briefly kiss the adult in custody at the beginning and end of the visits. Hand-holding and holding of minor children is permitted during the visit.

(3) Children shall be supervised at all times while in the visitation or play area. Visitors are responsible to ensure that children are not disruptive to the point it interferes with other visits or jeopardizes the security of the visiting environment. If this occurs, a visit may be ended prematurely to remove the child.

(4) Visitors shall be allowed to breastfeed their child in a suitable location as to minimize the impact on the visit.

(5) Restrooms are available for visitor use. For the safety of the child, only the visitor may accompany a child to the restroom.

(6) Once a visitor or an adult in custody leaves the visiting area, other than to access the restroom or to breastfeed, the visit shall be terminated.

(7) If the facility does not have a restroom designated for adult in custody use, the visit shall terminate if the adult in custody leaves to use a restroom. Adults in custody with a medical condition documented and verified by Health Services, may be permitted restroom privileges in those facilities where adult in custody restrooms are not available.

(8) Visitors shall not engage in a disturbance, as defined in this rule. Visitors who engage in a disturbance or other inappropriate conduct as defined in these rules, or who loiter in or about a Department of Corrections facility, shall be subject to removal from the facility. The officer-in-charge of the facility may contact law enforcement officials for assistance if the visitor refuses to leave the facility when requested by department employees.

(9) Visitors and adults in custody are not permitted to visit with a person who is not specifically authorized for the current visit.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0500 Exchanging Items with Adults in Custody

(1) Visitors will not exchange or give any object or article to an adult in custody other than vending machine items if approved by the visiting facility.

(2) Paper items produced by children during the visiting session with provided materials may be taken out by the child or displayed in the visiting room. All documents shall be searched prior to leaving the visiting area.

(3) All items purchased from the vending machines must be consumed or disposed of in the visiting facility, unless authorized by the functional unit manager or designee.

(4) Adults in custody are prohibited from handling money, tokens, or bank cards.

(5) Adults in custody are prohibited from approaching or operating the vending machines.

History

Statutory/Other Authority: ORS 179.040, 423.030, 423.020 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.030, 423.020 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0505 Early Termination of Visits

(1) The functional unit manager or designee may terminate a visit at any time due to space limitations or as deemed necessary to maintain the safety, security, health, and good order of the facility, or the safety and security of other adults in custody, employees, visitors, contractors, or the community.

(a) Factors to be considered before a visit is terminated due to space limitations will include, but are not limited to, distance visitors travel, frequency of visits, and time of arrival.

(b) Visiting room personnel will maintain a log of visits terminated due to space limitations to avoid having an adult in custody’s visits terminated consecutively.

(2) Violation of visiting room protocol by a visitor, or violation of rules of prohibited conduct by an adult in custody may result in termination of the visit.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0510 Suspension or Removal from Adult in Custody Visiting List

(1) Visitors found in violation of one or more of these rules are subject to sanctions as directed by the functional unit manager or designee. Sanctions for visitors found in violation of these rules are listed in Exhibit Consequences for Visitors in Violation of Visiting Rules to these rules.

(2) The functional unit manager or designee may suspend the adult in custody's visits with the visitor, restrict visitation to basic visiting, or remove a visitor from an adult in custody's approved visiting list for any violations of these rules. Basic visits may also be imposed if the Department of Corrections believes, in its sole discretion, that continued visitation between the visitor and the adult in custody poses a threat to the safety, security, health, and good order of the facility, and or the safety and security of other adults in custody, employees, visitors, contractors, or the community.

(a) The functional unit manager or designee may temporarily suspend an adult in custody's visits for 14 days in the event of an on-going investigation.

(b) A written report (Notice of Suspension/Removal/Termination of Visiting CD 704D) documenting the suspension, restriction, removal, or termination shall be prepared and sent to the adult in custody and to the adult in custody's visitor within seven days of the action. The report shall contain a short and concise statement of the reasons for the suspension and a recommendation for the action to be taken. The recommended action may be assignment to basic visiting, suspension of visiting for a limited duration, or permanent removal.

(c) The visitor may request review of the recommended action by submitting a written administrative review request to the functional unit manager or designee. An administrative review request must be received no later than 30 days following the date of the notification of suspension.

(d) If the visitor does not submit a timely, written administrative review request, the recommended action contained in the written report shall be accepted by the functional unit manager or designee and serve as the final decision.

(e) If the visitor submits a timely, written administrative review request, the functional unit manager or designee shall issue a final decision on the recommended action within 45 days of the receipt of the written request, absent a pending administrative or criminal investigation or other extraordinary circumstance which in the sole judgment of the functional unit manager or designee requires or warrants additional time.

(3) The visitor may request an administrative review of the functional unit manager's or designee’s final decision by submitting a written administrative review request to the Assistant Director of Operations or designee at the department’s Central Administrative offices. The request must be received within 30 days of the issuance of the functional unit manager’s or designee’s final decision. The administrative review request should specify the reasons why the visitation action should not be sustained.

(a) Upon receipt of a timely, written request for administrative review, the Assistant Director of Operations or designee will review the visitation action, and affirm, reverse or otherwise modify the action as circumstances warrant.

(b) The decision of the Assistant Director of Operations or designee shall be final and not subject for further review for a five-year period. A copy of the decision shall be provided to the person requesting the administrative review, the affected adult in custody, and the functional unit manager.

(4) Visitors who have been permanently removed from any adult in custody’s approved visiting list may request reconsideration five years after the date of the removal action by completing an administrative review for denial of visiting application form (CD 1594) and submitting it to Visiting Services.

(5) Administrative reviews will not be provided to visitors for adult in custody misconduct resulting in disciplinary sanctions imposed upon adults in custody in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Or. Admin. R. 291-127-0515 Administrative Review

(1) Request for Administrative Review by Director’s Designee:

(a) An adult in custody or prospective visitor may request administrative review of a decision denying a visiting application by submitting a completed administrative review for denial of visiting application form (CD 1594) to Visiting Services. The administrative review request must include information supporting reversal or modification of the decision and be submitted with copies of any documents or official records in support of the same. The administrative review request must be received by Visiting Services within 60 days of the date of the visiting application denial letter.

(b) Upon the timely receipt by Visiting Services of a completed administrative review for denial of visiting application form (CD 1594) together with copies of any supporting documents or updated official records, the Director’s designee will review the decision denying the visiting application and either affirm, reverse, or otherwise modify the decision as circumstances warrant. The Director’s designee may request additional information from the adult in custody, prospective visitor, law enforcement agency, or other reliable resource in order to complete the review.

(c) Reversal or Modification of a Decision Denying a Visiting Application: A decision denying a visiting application may be reversed or modified by the Director’s designee in the following circumstances:

(A) The initial decision is determined by the Director’s designee to have been made in error based on incorrect information or an incorrect application of these rules; or

(B) Circumstances impacting visiting eligibility changed since the date of the decision denying the visiting application under review.

(d) The Director’s designee’s decision on administrative review shall be applied consistently to all department facilities unless otherwise stated in the decision and will be noted in the Department of Corrections Visitor Tracking System.

(e) The Director’s designee’s decision shall be final and not subject to further review.

(2) Administrative Review by Assistant Director of Correctional Services for Extraordinary Circumstances:

(a) Notwithstanding any other provision of these rules, the Assistant Director of Correctional Services may, in their sole discretion, reverse or modify a decision denying an application for visiting between an adult in custody and an immediate family member of the adult in custody for extraordinary circumstances based upon recommendation of the functional unit manager or designee.

(b) The Assistant Director’s decision shall be final and not subject to further review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024
DOC 7-2024, temporary amend filed 05/16/2024, effective 05/16/2024 through 11/11/2024
DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019

Division 130 CORRECTIONAL COMMUNICATION SYSTEMS

Or. Admin. R. 291-130-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish policy and procedures governing the use of the inmate telephone system.

(3) Policy: The department encourages productive relationships between inmates and their families and recognizes telephone services are a positive means to strengthen ties and increase the likelihood of success upon release.

(a) It is the policy of the Department of Corrections to allow inmates to make telephone calls in accordance with the procedures outlined in this rule.

(b) It is the policy of the Department of Corrections that video interactive phone calls are a part of the inmate telephone system, and such calls are governed by the same policy and procedures as telephone calls.

(c) Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections to permit, promote, facilitate, and encourage authorized use of telephone systems between inmates and their families, friends, and others in Department of Corrections facilities.

(d) When authorized, use of the inmate telephone system in a Department of Corrections facility is permitted neither as a matter of right nor as a privilege of the inmate or the inmate’s contact party; rather, use of the telephone system in Department of Corrections facilities is permitted by the department when it furthers the inmate’s correctional planning and the department’s correctional goals and mission and is consistent with the safe, secure, and orderly management and operation of the facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2015, f. & cert. ef. 8-31-15
Reverted to CD 8-1993, f. 3-10-93, cert. ef. 4-1-93
DOC 25-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15
DOC 18-2014(Temp), f. 7-7-14, cert. ef. 7-8-14 thru 12-31-14
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93
CD 5-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-130-0006 Definitions

(1) Access to Inmate Telephone System: An inmate’s use of a personal identification number (PIN) and validated voice recognition to connect to the inmate telephone system.

(2) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an assistant director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. In these rules, the functional unit manager is the superintendent of an institution or the Inspector General.

(3) Inmate Telephone System: The system authorized by the Department of Corrections to facilitate inmate telephone calls and video interactive phone (VIP) calls.

(4) Legal Telephone Calls: Telephone calls between an inmate and his/her attorney or the attorney’s documented representative(s), legal aid bureaus, or other organizations as deemed appropriate by the department.

(5) Media Representatives:

(a) Persons whose principal employment is with an accredited media organization;

(b) Unaffiliated persons who produce credentials or other written documentation from an accredited media organization evidencing that the media organization has contracted with the person to purchase his/her completed work or project;

(c) Unaffiliated persons who are affiliated with a department contractor or volunteer in connection with a department program or service; or

(d) Authors of books who produce credentials or other written documentation that a commercial publisher has contracted to purchase their completed work/project.

(6) Officer in Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with policy, rule or procedure during periods when the functional unit manager or officer of the day are not readily available.

(7) Personal Identification Number (PIN): An assigned number used by an inmate to access the inmate telephone system.

(8) Prepaid Call: A telephone call placed by an inmate using funds paid in advance from a telephone account.

(9) Telephone Services: Telephone calls, VIP calls, and voice messages afforded to inmates through the inmate telephone system.

(10) Third Party VIP Call: Any VIP call wherein the original called party logs out of the established session and provides another party with a different IP address and sufficient information to log into the established VIP call. This includes any communication between the inmate and a third party utilizing the IP address.

(11) Three-Way Call: Any call that uses an intermediary call to bridge communication to a third party. This includes any communication between the inmate or the original called party with a third party not in the same location.

(12) Unaffiliated persons: Freelance writers, independent filmmakers, producers, and other persons who do not meet the definition of media representatives.

(13) Video Interactive Phone (VIP) Call: A call that has video interactive capabilities in which the parties are able to see and hear one another.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2015, f. & cert. ef. 8-31-15
Reverted to DOC 2-2013, f. & cert. ef. 2-22-13
DOC 25-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15
DOC 18-2014(Temp), f. 7-7-14, cert. ef. 7-8-14 thru 12-31-14
DOC 2-2013, f. & cert. ef. 2-22-13
DOC 10-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93

Or. Admin. R. 291-130-0011 Operation of Inmate Telephones

(1) Inmates shall provide their personal identification number (PIN) and validated voice recognition to gain access to the inmate telephone system.

(a) Inmates are responsible to maintain the security of their access information.

(b) An inmate may not use another inmate’s access information.

(c) The department is not responsible for theft, loss, or costs related to an inmate lending his/her access information or failing to provide for its safekeeping.

(d) An inmate’s PIN will be terminated if it has been lost, stolen, or if in the sole judgment of the functional unit manager or his/her designee, the PIN has been used by the inmate or another person to:

(A) Engage in activity that violates department rule, state or federal law; or

(B) Engage in other activity that poses a threat or is detrimental to the security, safety, health, good order or discipline within a Department of Corrections facility, inmate rehabilitation, or that facilitates criminal activity.

(e) If an inmate’s PIN is terminated, the department will issue the inmate a new PIN. The department may assess the inmate a PIN replacement fee.

(2) Prepaid Calls: The department will establish a telephone account for each inmate.

(a) Inmates may transfer funds from their trust account to their telephone account. Availability of funds in the inmate’s trust account will be verified before any transfer of funds to the telephone account.

(b) An inmate shall address any issues regarding funds in his/her telephone account directly to the inmate telephone service provider.

(d) Inmates may obtain their individual telephone account balance through the inmate telephone system.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2015, f. & cert. ef. 8-31-15
Reverted to DOC 2-2013, f. & cert. ef. 2-22-13
DOC 25-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15
DOC 18-2014(Temp), f. 7-7-14, cert. ef. 7-8-14 thru 12-31-14
DOC 2-2013, f. & cert. ef. 2-22-13
DOC 10-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06

Or. Admin. R. 291-130-0016 General Provisions for Inmate Telephones

(1) All calls must be placed as collect or prepaid. Only collect or prepaid calls can be made from telephones designated for inmate use.

(2) The functional unit manager or designee has the authority to restrict telephone calls by an inmate if the safety of the public would be involved, or the security of the facility, or safety and welfare of any person would be jeopardized.

(3) Inmates shall not participate in three way calls or any form of call forwarding. An inmate may be assessed a service fee from the inmate telephone service provider if it is verified he/she has participated in a three-way call or any form of call forwarding.

(4) Inmates shall not place charges to third party numbers, motels, hotels, places of business, credit cards or to telephone company calling card numbers.

(5) If the telephone call cannot be completed because no one answers or the line is busy, the inmate shall hang up and attempt another call at another time.

(6) Inmates shall not loiter in the surrounding area where telephones are located.

(7) Only one inmate at a time shall be permitted access to a telephone. The inmate who initiates a call is the only person authorized to converse with the contact party during that call.

(8) Inmates may be required to sign up on the telephone log (CD755) to reserve a time to use a telephone in a housing unit or activity area when there are a large number of inmates who want access to a telephone and there are a limited number of telephones.

(9) A set of Oregon telephone directories for major cities shall be located in the facility library.

(10) Special Housing: Inmates in special housing may be allowed telephone services as established by the functional unit manager. Special housing includes administrative housing, disciplinary segregation, Intensive Management Unit, Death Row housing, mental health special housing, and facility infirmaries.

(a) Inmates in special housing may have restricted telephone services, and be allowed only emergency calls, legal calls as specified in OAR 291-130-0021, or other calls as authorized by the functional unit manager or designee.

(b) Inmates in mental health special housing may have limited access to telephones if the access interferes with the inmate’s treatment.

(11) The department may prohibit an inmate from calling a particular person or phone number when requested by the person, or in the case of a minor child, by the child’s parent or legal guardian.

(12) Telephone calls between inmates and staff, volunteers, or contractors; or calls between inmates and former staff, volunteers, or contractors are not allowed without express written authorization by the functional unit manager or designee.

(13) Other inmate telephone services or restrictions, not specifically addressed in this rule, may be implemented for safety and security reasons or as authorized by the functional unit manager.

(14) Inmates shall report all inmate phone repair issues as directed by the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2015, f. & cert. ef. 8-31-15
DOC 25-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15
DOC 18-2014(Temp), f. 7-7-14, cert. ef. 7-8-14 thru 12-31-14
DOC 2-2013, f. & cert. ef. 2-22-13
DOC 10-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06, Renumbered from 291-130-0040
DOC 7-2002, f. & cert. ef 6-12-02
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93, Renumbered from 291-130-0010(5)
CD 5-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-130-0021 Legal Calls

(1) The department shall maintain a list of legal telephone numbers entitled the “legal call list.” Inmate calls to attorneys whose telephone numbers appear on the legal call list will not be monitored or recorded by the department. The legal call list shall include the official telephone numbers of all attorneys registered with and provided to the Oregon State Bar Association, official telephone numbers of attorneys who have requested and been added to the list as specified in subsection (2) below and business telephone numbers of other organizations as deemed appropriate by department and whose communication with inmates shall be considered confidential. The list of official numbers of attorneys registered with the Oregon State Bar will be updated twice a year.

(2) Upon request of an attorney whose official telephone number is not on the legal call list or upon request of the attorney’s inmate client, the department will verify the number with the appropriate state bar and add the attorney’s official telephone number to the list. However, the department will not include an attorney’s home, cell or other telephone number on the department’s legal call list that is not the attorney’s contact telephone number provided to the appropriate state bar. Inmate calls to telephone numbers not on the legal call list will be subject to monitoring or recording by the department.

(3) An inmate with an active or pending case with an imminent court deadline of ten business days or less who does not have regular access to the inmate telephone system (e.g., the inmate is in disciplinary segregation or Intensive Management Unit) may be permitted a legal call to his/her attorney as approved by the officer-in-charge or the inmate’s counselor.

(a) Use of Inmate Telephone System: Designated staff will make arrangements for the inmate to make the call.

(b) Use of Staff Phones: Designated staff will facilitate the call and verify the identity of the person called. The staff member shall leave the area where the call is taking place; however, the inmate shall be kept under observation. The call should be placed as collect, if possible. Use of staff phones for such calls shall be held to a minimum.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06

Or. Admin. R. 291-130-0025 Operation and General Provisions of VIP Calls

(1) Inmates are required to provide their personal identification number (PIN) and comply with a validation process to gain access to the inmate telephone system to make VIP calls.

(2) The same provisions that apply to telephone calls as specified in OAR 291-130-0011 apply to VIP calls (security of PIN and access).

(3) Inmates are responsible to schedule VIP calls through the inmate telephone system via kiosks located throughout each institution.

(a) Accessibility to VIP calls will differ by institution given the uniqueness of each institution.

(b) Inmates will be allowed to make VIP calls during designated times based on a first-come, first-served basis to access their accounts with staff authorization.

(4) Inmates must place VIP calls as prepaid. The inmate telephone system does not allow collect VIP calls.

(5) The functional unit manager or designee has the authority to restrict or revoke VIP calls by an inmate if the safety of the public would be involved, or the security of the facility, or safety and welfare of any person would be jeopardized.

(6) If the inmate cannot complete the VIP call because the called party is not available or for other reasons, the inmate shall terminate the call and reschedule at another time.

(7) Inmates shall not loiter in the surrounding area where kiosks are located.

(8) Only one inmate at a time shall be permitted access to a VIP call. The inmate who initiates a VIP call is the only person authorized to converse with the contact party during that call. An inmate may be assessed a fee from the inmate telephone service provider if it is verified that more than one inmate participated in a VIP call.

(9) Family VIP Calls: The functional unit manager or designee, at their sole discretion, may authorize more than one inmate to participate in a VIP call to encourage and promote responsible familial relationships.

(10) Appropriate Clothing/Dress:

(a) Inmates must be properly attired consistent with standards set forth in OAR 291-123-0015(5) and the inmate handbook.

(b) The caller or contacted party is encouraged to wear clothing that is conservative in nature; e.g., clothing that is not unduly suggestive or form fitting. The caller or contacted party shall not display male or female genitalia, the pubic area or anus, or expose the female breasts.

(11) VIP calls between inmates and staff, volunteers, or contractors; or between inmates and former staff, volunteers, or contractors are not allowed without express written authorization by the functional unit manager or designee.

(12) Special Housing: Inmates in special housing are not allowed access to VIP calls, unless authorization is given by the functional unit manager. Special housing includes administrative housing, disciplinary segregation, Intensive Management Unit, Death Row housing, mental health special housing, and facility infirmaries.

(13) The department may prohibit an inmate from participating in a VIP call with a particular person or phone number when requested by the person, or in the case of a minor child, by the child’s parent or legal guardian.

(14) Inmates shall not participate in VIP calls with two or more parties using different IP addresses during the same VIP call. An inmate may be assessed a service fee from the inmate telephone service provider if it is verified he/she has participated in a VIP call with participants using more than one IP address.

(15) Inmates shall not use VIP calls for interviews with media representatives or unaffiliated persons. Media representatives or unaffiliated persons may request an interview with an inmate in accordance with the department’s rules on Media Access (OAR 291-204).

(16) Inmates shall not use VIP calls as an outlet for public performances to individuals or organizations.

(17) Neither the inmate or contact party may record, re-broadcast, reproduce, duplicate, copy, sell, trade, or resell either the audio or video of the VIP call.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2015, f. & cert. ef. 8-31-15

Or. Admin. R. 291-130-0026 Monitoring, Termination and Blocking of Telephone and VIP Calls

(1) All telephone calls and VIP calls are subject to monitoring and recording by the department except for legal telephone calls.

(a) Directly above each group of monitored telephones, a sign shall be posted stating in English and Spanish, "Phone calls are subject to being monitored and recorded."

(b) Directly above each VIP kiosk, a sign shall be posted stating in English and Spanish, “VIP calls are monitored and recorded.”

(2) An inmate’s use of the inmate telephone system to engage in activity that is a violation of department rules, state, or federal law may result in disciplinary action and possible restriction of telephone services.

(3) The department may block access to phone numbers used to commit a crime or violate department rules, including any attempt to place a three-way call or use any form of call forwarding. The owner of a telephone number that has been blocked for participation in a three-way call or call forwarding may request an administrative review by writing to the Inspector General.

(4) An inmate’s telephone services may be suspended by the functional unit manager or his/her designee, in his/her sole discretion, when the functional unit manager or designee has reason to believe the inmate has used or may use inmate telephone services to:

(a) Engage in activity that violates department rule, state or federal law; or

(b) Engage in other activity that poses a threat or is detrimental to the security, safety, health, good order or discipline within a Department of Corrections facility, inmate rehabilitation, facilitates criminal activity, or jeopardizes the safety and welfare of any person.

(c) The guidelines for suspension of VIP services for inmates and callers are found in Exhibit A. The functional unit manager or designee may consider mitigating or aggravating factors in administering a less or more severe sanction than indicated in the grid, including the issuance of a misconduct report for inmates.

(d) If the activity is deemed to be a severe violation by the inmate of department rules, state, or federal law, disciplinary action will result; and the inmate will be held accountable in accordance with the provisions of the inmate disciplinary rules (OAR 291-105).

(5) A “high alert” inmate under the management of the Security Threat Management Unit may have his/her telephone services or individual telephone calls suspended, restricted, or modified in accordance with OAR 291-069-0270, Management of High Alert Inmates.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Renumbered from 291-130-0020, DOC 12-2015, f. & cert. ef. 8-31-15
DOC 25-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15
DOC 18-2014(Temp), f. 7-7-14, cert. ef. 7-8-14 thru 12-31-14
DOC 2-2013, f. & cert. ef. 2-22-13
DOC 10-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93, Renumbered from 291-130-0010(3)
CD 5-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-130-0030 Emergency Access

(1) All requests for emergency telephone calls from inmates, or a member of the public due to a death or serious illness of a person with a substantial relationship to an inmate may be approved by the officer-in-charge, inmate's counselor, or the chaplain upon verification of the emergency. Designated staff will facilitate the call and verify the identity of the person called. Calls shall be monitored by staff.

(2) The functional unit manager or staff specifically designated by the functional unit manager may approve other emergency calls as necessary for issues specific to the inmate. Such calls will be handled in the same manner as in section (1) above.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93, Renumbered from 291-130-0010(4)
CD 5-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-130-0050 Use of Institution Telephones (Inside Lines)

(1) Inmates inside a facility will not answer outside lines unless specifically authorized in writing by the functional unit manager/designee.

(2) Inmates authorized and assigned by a staff member may answer an institution telephone in an assigned area. Inmates so assigned shall answer by stating their title, last name, location, and saying, "May I help you." Example: "Inmate Jones, unit one, may I help you?"

(3) Inmates may be assigned to make telephone calls as part of their job assignment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93
CD 5-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-130-0060 Location of Telephones and Hours of Telephone Use

(1) The functional unit manager/designee shall designate hours for inmate telephone use.

(2) Telephones located in recreational areas; i.e., yard, multi-purpose, shall normally be available during the normal hours inmates are allowed access to the respective area.

(3) Locations of telephones and hours for use of telephones shall be posted on unit bulletin boards and included in inmate admission and orientation material or in inmate handbooks at all Department of Corrections facilities.

(4) The functional unit manager may restrict the times telephones are available to inmates to conform to line movements, scheduled inmate activities, meals, and staff availability.

(5) Call durations may vary based on the physical locations of phones as established by the functional unit manager/designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06
CD 8-1993, f. 3-10-93, cert. ef. 4-1-93
CD 5-1988, f. & cert. ef. 3-21-88

Or. Admin. R. 291-130-0080 Remaining Telephone Fund Balances Upon Release

Remaining funds balances received from the inmate telephone service provider will be deposited to individual inmate trust accounts as per the department’s rule on Trust Accounts (OAR 291-158-0045) less a processing fee imposed by the department. Funds deposited on behalf of inmates who are indebted to the department are subject to collection as per 291-158-0065. Any remaining funds are disbursed to the inmate through the Oregon Trail card or by check.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 2-2013, f. & cert. ef. 2-22-13
DOC 10-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06

Division 131 MAIL (AIC)

Or. Admin. R. 291-131-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures governing the sending, receipt, and processing of adult in custody mail in Department of Corrections facilities.

(3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health, order, and discipline, and adult in custody rehabilitation, it is the policy of the Department of Corrections (DOC) to permit adults in custody to send and receive mail in the manner, and under the circumstances, set forth in these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88)
CD 57-1985, f. & ef. 8-16-85
CD 13-1984, f. & ef. 4-11-84
CD 27-1983, f. & ef. 7-11-83
CD 22-1983(Temp), f. & ef. 6-3-83
CD 43-1981, f. & ef. 10-30-81
CD 31-1981(Temp), f. & ef. 6-30-81
CD 28-1980, f. & ef. 8-22-80
CD 16-1980(Temp), f. & ef. 4-18-80
CD 11-1980(Temp), f. & ef. 4-10-80
CD 1-1979, f. & ef. 1-4-79

Or. Admin. R. 291-131-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Adults on Supervision: Any person under the supervision of the Department of Corrections who is on parole, probation, or post-prison supervision status.

(3) Business Transaction: A transaction involving the purchase, sale, or delivery of merchandise, commodities, or services.

(4) Central Administration: The Director, Deputy Director, Assistant Directors, administrators, or other Department of Corrections officials whose offices or mailboxes are in the central office.

(5) Confiscate: To remove the item or that portion of the item which violates these rules.

(6) Contraband: Any article or thing that an adult in custody is prohibited by statute, rule, or order from obtaining or possessing, or which the adult in custody is not specifically authorized to obtain or possess, or which the adult in custody alters without authorization.

(7) Court Name: The adult in custody name as established and used by the Department of Corrections for use on the adult in custody’s case file, identification card, medical file, etc., based on the name provided in the first judgment in the custody cycle sentencing an adult in custody to the Department of Corrections.

(8) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(9) Electronic Messages: Correspondence exchanged between adults in custody and subscribers through a department approved third-party electronic messaging vendor by means of computers equipped for internet access.

(10) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of program operations.

(11) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and who has responsibility for delivery of program services or coordination of program operations.

(12) Government Entity: An agency, board, commission, department, or other instrumentality of Federal, State, local, or tribal government (including multijurisdictional governmental agencies and other instrumentalities).

(13) Individual Photograph: Any image or any duplication thereof. Individual photographs include any photograph scanned and printed from the Internet or other photographs where the identity of the person is unknown to the department. Any graphic image sent with or attached to an electronic message will be considered an individual photograph.

(14) Inflammatory Material: Material whose presence in the facility is deemed by the department to constitute a direct and immediate threat to the security, safety, health, good order, or discipline of the facility because it incites or advocates physical violence against others. No publication shall be considered inflammatory solely based on its appeal to a particular ethnic, racial or religious audience. No material shall be considered inflammatory solely because it criticizes the operation, programs, or personnel of the Department of Corrections, the State Board of Parole and Post Prison Supervision, or any other government agency.

(15) Inspection: To examine or view, including but not limited to reading, photocopying, scanning, and x-raying.

(16) Inter Agency Mail System: A system of delivering mail between or among certain state agencies and other units of government generally located in the greater Salem and Portland areas.

(17) Legal Mail: Incoming or outgoing mail to or from an attorney, court, or court official which is clearly worded "legal mail" on the addressee side of the envelope. The legal mail designation should be set apart from the return address and mailing address for ease of recognition.

(18) Mail: Incoming or outgoing mail, including electronic messages, authorized by these rules to be sent or received by an adult in custody and delivered by the United States Postal Service or any other carrier approved by the department including, but not limited to, parcel service enterprises or electronic messaging services.

(19) Money: Cash, money orders, personal checks, warrants, certified checks, and other remittances.

(20) Non-AIC Sender: The organization or person who is not residing at a Department of Corrections facility who sends mail to an adult in custody who is residing in a Department of Corrections facility. The non-AIC sender or recipient name must match the identity of the sender.

(21) Official Mail: Incoming and outgoing mail addressed to Department of Corrections officials, the Governor, the Secretary of State, Oregon's state legislators, Oregon's United States Congressional delegation, tribal governments, administrators of grievance systems, foreign embassy consulate, members of the paroling authority, sexual abuse advocacy programs, and Oregon’s designated Protection & Advocacy (P&A) System, that is clearly worded "official mail" on the addressee side of the envelope. The official mail designation should be set apart from the return address and mailing address for ease of recognition.

(22) Package: A completely wrapped parcel received that is more than ¼-inch thick regardless of other dimensions, received directly from the source with authorized postage, and legal mail and official mail up to three inches.

(23) Photo Company: A vendor that delivers images, bound or individual, to adults in custody either electronically or through the mail for a fee.

(24) Portrayal: The act or process by which an idea or message is depicted or represented, usually by written words or images.

(25) Publication: A book or single issue of a magazine or newspaper, plus such other materials addressed to a specific adult in custody as flyers, and catalogs, received directly from the publisher.

(26) Publisher, Distributor, or Book Vender: A business, organization, or firm that issues and makes available to the public (generally for sale and wide distribution) magazines, newspapers, new and used books, and other publications.

(27) Refused Mail: Mail delivered by a carrier that violates these rules and is refused before opening on that basis.

(28) Rejected Mail: Mail delivered by a carrier that upon opening and inspection is found to violate these rules and is rejected on that basis.

(29) Security Threat Group (STG): Any group of two or more individuals who:

(a) Have a common name, identifying symbol, or characteristic that serves to distinguish themselves from others;

(b) Have members, affiliates, or associates who individually or collectively engage, or have engaged, in a pattern of illicit activity or acts of misconduct that violates Department of Corrections rules; or

(c) Have the potential to act in concert to present a threat or potential threat to employees, public, visitors, adults in custody, adults on supervision, or the secure and orderly operation of the institution.

(30) Security Threat Group Paraphernalia: Any material, documents, or items evidencing security threat group involvement or activities (for example, rosters, constitutions, structures, codes, pictures, training material, clothing, communications, or other security threat group-related contraband).

(31) Sexual Abuse Advocacy Program: A community-based organization that offers advocacy, support, crisis intervention, information, and referrals to a victim of sexual abuse.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 19-2025, amend filed 10/24/2025, effective 10/24/2025
DOC 13-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 11-2021, amend filed 10/07/2021, effective 10/07/2021
DOC 10-2021, temporary amend filed 07/20/2021, effective 07/20/2021 through 01/15/2022
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 1-2008, f. & cert. ef. 1-25-08
DOC 5-2007(Temp), f. & cert. ef. 8-1-07 thru 1-27-08
DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02
DOC 4-2002(Temp), f. & cert. ef. 3-25-02 thru 9-21-02
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 12-2001(Temp), f. & cert. ef. 6-20-01 thru 12-17-01
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88
CD 57-1985, f. & cert. ef. 8-16-85
CD 13-1984, f. & cert. ef. 4-11-84
CD 27-1983, f. & cert. ef. 7-11-83
CD 22-1983(Temp), f. & cert. ef. 6-3-83
CD 43-1981, f. & cert. ef. 10-30-81
CD 31-1981(Temp), f. & cert. ef. 6-30-81
CD 28-1980, f. & cert. ef. 8-22-80
CD 16-1980(Temp), f. & cert. ef. 4-18-80
CD 11-1980(Temp), f. & cert. ef. 4-10-80
CD 1-1979, f. & cert. ef. 1-4-79

Or. Admin. R. 291-131-0015 General

(1) The functional unit manager or designee will ensure employees responsible for mailroom operations are properly trained prior to assignment.

(2) Adults in custody shall not send, receive, transfer, or possess mail that violates the provisions of these rules.

(3) Adults in custody shall not send, receive, transfer, or possess mail to or from the victim(s) of their crime(s) of conviction for which the adult in custody is currently serving a sentence of incarceration to the legal and physical custody of the Department of Corrections, and the sentence is for conviction of a person felony or person misdemeanor crime as defined in the Oregon Criminal Justice Commission’s rules on Definitions (OAR 213-003-0001); except as authorized in writing by the functional unit manager or designee.

(4) Adults in custody shall not conduct business transactions by mail without the prior written consent of the functional unit manager or designee.

(5) Excluding weekends and holidays, incoming and outgoing correspondence should be processed within two days of receipt; publications and packages within four days of receipt, unless the mail is being reviewed for possible violations. There are no time frames for conducting reviews.

(6) All incoming and outgoing mail, except legal mail and official mail, is subject to inspection or examination as provided in this rule. Legal mail and official mail are subject to inspection or examination as provided in OAR 291-131-0030.

(7) Each month an adult in custody who in the previous month has not accumulated the cost of five postage-paid envelopes (for less than one ounce) in their trust account, will be issued five postage paid envelopes by the facility if they request.

(8) Adult in Custody-to-Adult in Custody Mail Restriction:

(a) An adult in custody may be prohibited from corresponding with another adult in custody when directed by the Department of Corrections facility functional unit manager or designee, and approved by the Assistant Director of Operations or designee, based on specific circumstances or information which, in their judgment, indicates that the adult in custody has or may use correspondence with the other adult in custody in order to violate provisions of law, department administrative rules, or to otherwise engage in activity that threatens or impairs the security, good order, or discipline of the facility, adult in custody rehabilitation, or the health or safety of adults in custody, employees, or the public, or to engage in other activity that threatens or is detrimental to other legitimate penological objectives.

(b) The affected adult in custody will be notified of the restriction through written directive. A decision to order an adult in custody-to-adult in custody mail restriction under these rules shall be final and not subject to administrative review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 19-2025, amend filed 10/24/2025, effective 10/24/2025
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 1-2008, f. & cert. ef. 1-25-08
DOC 5-2007(Temp), f. & cert. ef. 8-1-07 thru 1-27-08
DOC 7-2005, f. & cert. ef. 7-1-05
DOC 16-2004(Temp), f. & cert. ef. 12-28-04 thru 6-26-05
DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02
DOC 4-2002(Temp), f. & cert. ef. 3-25-02 thru 9-21-02
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 8-1999, f. 5-24-99, cert. ef. 6-1-99
DOC 23-1998(Temp), f. & cert. ef. 12-23-98 thru 6-21-99
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88
CD 57-1985, f. & cert. ef. 8-16-85
CD 27-1983, f. & cert. ef. 7-11-83
CD 22-1983(Temp), f. & cert. ef. 6-3-83
CD 28-1980, f. & cert. ef. 8-22-80
CD 16-1980(Temp), f. & cert. ef. 4-18-80
CD 11-1980(Temp), f. & cert. ef. 4-10-80, Renumbered from 291-010-0300
CD 1-1979, f. & cert. ef. 1-4-79
CD 22, f. 6-27-74, cert. ef. 7-25-74
CD 18(Temp), f. & cert. ef. 12-18-73 thru 4-17-74

Or. Admin. R. 291-131-0020 Outgoing Mail

(1) Outgoing mail must be written with lead or color pencil, pen, nontoxic markers or be typewritten or photocopied.

(2) Outgoing mail shall be enclosed in an approved Department of Corrections envelope with U.S. Postage. The envelope shall contain the adult in custody’s court name, state identification number (SID), and return address, and the recipient’s name and address on the front of the envelope free from obstruction. Official or legal mail must be labeled as such in accordance with OAR 291-131-0030. If the sender cannot be identified, the mail will be destroyed.

(3) Business mail to Department of Corrections officials in Central Administration requires the adult in custody’s court name, state identification number (SID), and return address, and the official’s name or title and address. Business mail sent to Central Administration may be sent through the interagency mail system.

(4) Adults in custody shall not send any item "prohibited from receipt by mail" as described under OAR 291-131-0035, except as authorized by the functional unit manager.

(5) Adult in Custody-to-Adult in Custody Correspondence:

(a) Adults in custody are authorized to correspond with other adults in custody if the correspondence is otherwise in compliance with department rules.

(A) Adults in custody may send only the following items to another adult in custody:

(i) Correspondence;

(ii) One drawing per envelope; and

(ii) One photograph per envelope.

(B) Adults in custody shall not send newspaper or magazine clippings, photocopies, printed web pages, or any other material not listed in subsection (A) above to another adult in custody through the mail.

(b) All adult in custody-to-adult in custody correspondence shall be routed through the U.S. Postal Service.

(c) Adults in custody shall not enclose correspondence other than from the adult in custody sender whose name and return address appears on the front of the envelope. Adults in custody shall not request another adult in custody to forward correspondence beyond the immediate addressee.

(d) Adults in custody shall not send a package to another adult in custody.

(6) Adults in custody shall not send correspondence or any item to themselves through the mail.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 15-2011, f. & cert. ef. 8-15-11
DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11
DOC 1-2008, f. & cert. ef. 1-25-08
DOC 5-2007(Temp), f. & cert. ef. 8-1-07 thru 1-27-08
DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88
CD 57-1985, f. & cert. ef. 8-16-85
CD 27-1983, f. & cert. ef. 7-11-83
CD 22-1983(Temp), f. & cert. ef. 6-3-83
CD 28-1980, f. & cert. ef. 8-22-80
CD 16-1980(Temp), f. & cert. ef. 4-18-80
CD 11-1980(Temp), f. & cert. ef. 4-10-80, Renumbered from 291-010-0305
CD 1-1979, f. & cert. ef. 1-4-79
CD 22, f. 6-27-74, cert. ef. 7-25-74
CD 18(Temp), f. & cert. ef. 12-18-73 thru 4-17-74

Or. Admin. R. 291-131-0021 Outgoing Mail Restriction

(1) The department may prohibit an adult in custody from sending unwanted mail to a particular person or address when requested by the person or, in the case of a minor child, by the child's parent or legal guardian.

(2) A request for outgoing mail restriction may be made by writing to the functional unit manager or designee at the Department of Corrections facility where the adult in custody is incarcerated. The written request should include any information that would assist the functional unit manager or designee in determining whether to order the outgoing mail restriction.

(3) The functional unit manager or designee will notify the person requesting the outgoing mail restriction of their decision. The decision will be final and will not be subject to administrative review. If an outgoing mail restriction is ordered, the adult in custody and the person requesting the outgoing mail restriction shall be provided with a copy of the outgoing mail restriction notice (CD 618d).

(4) Adults in custody may not request an outgoing mail restriction.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 20-2001, f. & cert. ef. 12-17-01, Renumbered from 291-131-0020(6)

Or. Admin. R. 291-131-0025 Incoming Mail

(1) Incoming mail shall have on the front of the envelope free from obstruction, the sender's first and last name or organization name and return address, and shall be addressed to the adult in custody using their court name and state identification number (SID).

(a) Adults in custody who legally change their name while in custody must verify the change and may seek approval to include their new name under the court name, labeled as a.k.a.

(b) If the adult in custody recipient cannot be positively identified, the mail will be returned to the sender. A reasonable attempt will be made to identify the adult in custody recipient.

(c) Mail with no return address shall be refused and returned to the U.S. Postal Service or other authorized mail service provider. No notice will be given to the adult in custody.

(d) The placement of the return address for international mail shall be in accordance with the sending country’s postal regulations.

(2) Incoming mail must be in pen, pencil, or be typewritten, photocopied, or printed. Examples of writing substances that will not be accepted include, but are not limited to, the following:

(a) Gel pen;

(b) Marker;

(d) Abnormally thick ink.

(3) Incoming mail must be written on standard weight (20 pound or less) white paper.

(4) Authorized Envelopes:

(a) Except for mail that is addressed and received directly from the Corrections Ombudsman, a government entity, an approved vendor, publisher, treatment facility, health care provider, or is properly marked as “legal” or “official” mail, incoming mail must be enclosed in a commercially produced envelope using standard weight white paper that is no larger than 9” x 12”.

(b) Examples of envelopes that will not be accepted include, but are not limited to, the following:

(A) Any non-white envelope.

(B) Envelopes larger than 9” by 12” (except as provided in subsection (4)(a) of this rule).

(D) Envelopes made of cardstock, cardboard, padded, corrugated, or tear-resistant material.

(E) Envelopes constructed of heavy weight paper or with security screening features.

(5) Transfers and Work Crews:

(a) Incoming mail to adults in custody not residing in the receiving facility will be forwarded to the adult in custody if they reside at another Department of Corrections facility.

(b) Incoming mail for adults in custody temporarily transferred to another criminal justice agency will be held at the facility for seven consecutive days. If the adult in custody does not return to the facility within seven days, the facility will forward to the criminal justice agency all accumulated and subsequent mail received at the facility. If the criminal justice agency refuses the forwarded mail, it will be held at the department facility until the adult in custody has been returned.

(c) Work Crews: Incoming first-class mail for adults in custody temporarily residing at an off-site work location, such as a fire crew, should be held at the facility for no more than ten consecutive days. After ten days, the facility should arrange for first class mail delivery to the off-site work location.

(6) Mail received for an adult in custody who has been released, discharged, or has escaped shall be refused and returned to the U.S. Postal Service or other authorized mail service provider.

(7) New and used books, magazines, newspapers, and blank journals shall only be received directly from the publisher or distributor.

(a) Multiple copies of the same publication to an adult in custody shall be prohibited.

(b) Publications that have been previously rejected by the department and altered (that is, offending pages removed) shall be prohibited.

(8) Adults in custody may receive catalogs, advertisements, brochures, promotional materials, pamphlets, sweepstakes, and contest materials solicited by the adult in custody provided the materials are properly addressed with the adult in custody’s court name and state identification number (SID) and are received directly at the correct address where the adult in custody is currently housed. These materials must conform to any content restrictions contained within this rule.

(9) Calendars shall only be received directly from a publisher or distributor. Calendars must:

(a) Be no longer than 12” wide and 24” long when unfolded;

(b) Meet the no freestanding nude or partially nude standards and have no security threat group imagery or graphic violent content; and

(10) No notice or administrative review will be provided to the sender or intended adult in custody recipient for mail refused under subsections (5), (6), and (7) above of this rule.

(11) Packages, except books, magazines, and newspapers received directly from the publisher or distributor, require prior authorization from the functional unit manager or designee. The package authorization form must be attached to the outside of the package.

(12) Central Administration Review of Publications:

(a) Facility mailroom employees shall stamp approval of all accepted books, magazines, and other publications (except newspapers) on the front or inside front cover of the publication, together with the adult in custody’s name and state identification number (SID). Books and magazines without the completed stamp on the front or inside front cover shall be unauthorized and considered contraband.

(b) Unauthorized attachments, enclosures, merchandise, or materials in publications may be removed and destroyed to allow the publication to be delivered to the intended adult in custody recipient if the publication is otherwise in compliance with these rules and doing so would not drastically alter or destroy the publication.

(c) If mailroom employees determine a publication contains material that is prohibited under these or other department administrative rules, a mail violation notice or publication violation notice and the prohibited material shall be reviewed by a designated Central Administration official, who will affirm, reverse, or otherwise modify the original rejection decision in writing.

(13) General correspondence is authorized up to ¼-inch thickness.

(a) Legal mail and official mail received directly from the original source are authorized up to three inches thick. Legal mail and official mail that is more than three inches thick require prior approval from the functional unit manager or designee through a package authorization form.

(b) Mail received directly from a government entity that is not considered legal mail or official mail is authorized up to three inches thick. Mail received from a government entity that is more than three inches thick requires prior approval from the functional unit manager or designee through a package authorization form.

(14) Unauthorized Attachments and Enclosures:

(a) Only the canceled postage stamp, package authorization form, address label, and return address stamp (if used) attached to the front of an envelope or package shall be glued, taped, or otherwise affixed to an envelope or package or its contents.

(b) Only written correspondence, newspaper and magazine clippings, small pamphlets, photocopies, carbon copies, handmade drawings, printed web pages, and photographs that meet the content restrictions in these rules may be enclosed in the envelope.

(c) Unauthorized items with minimal monetary value (for example, paper clips, rubber bands, uncancelled stamps, bookmarks, envelopes, blank paper, blank cards, or blank postcards, etc.) may be removed and destroyed, and the remaining mail sent to the adult in custody if the remaining contents are otherwise in compliance with department rules.

(d) Freestanding Nude or Partially Nude Images: Newspaper and magazine clippings, photocopies, printed web pages, drawings, photographs, and other media with nude or partially nude subjects, whether human or anime (that is, cartoon) that depict or display male or female genitalia, pubic area, anus, or female areola may not be attached to or enclosed in correspondence to adults in custody.

(15) All images received from a photo company through first-class mail will be treated as individual photos, not publications. Such images are subject to the same content standards as described in the freestanding nude or partially nude images guidelines.

(16) The department is not responsible for the loss or damage of individual photographs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 19-2025, amend filed 10/24/2025, effective 10/24/2025
DOC 13-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
CD 18(Temp), f. & ef. 12-18-73 thru 4-17-74; CD 22, f. 6-27-74, ef. 7-25-74; CD 1-1979, f. & ef. 1-4-79; Renumbered from 291-010-0310, CD 11-1980(Temp), f. & ef. 4-10-80; CD 16-1980(Temp), f. & ef. 4-18-80; CD 28-1980, f. & ef. 8-22-80; CD 22-1983(Temp), f. & ef. 6-3-83; CD 27-1983, f. & ef. 7-11-83; CD 41-1983(Temp), f. & ef. 10-14-83; CD 13-1984, f. & ef. 4-11-84; CD 57-1985, f. & ef. 8-16-85; CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 1-1992, f. & cert. ef. 1-29-92; CD 10-1993, f. 5-5-93, cert. ef. 7-1-93; DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98; DOC 12-2001(Temp) f. & cert. ef. 6-20-01 thru 12-17-01; DOC 20-2001, f. & cert. ef. 12-17-01; DOC 4-2002(Temp), f. & cert. ef. 3-25-02 thru 9-21-02; DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02; DOC 5-2007(Temp), f. & cert. ef. 8-1-07 thru 1-27-08; DOC 1-2008, f. & cert. ef. 1-25-08; DOC 17-2008, f. 7-18-08, cert. ef. 7-21-08; DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11; DOC 15-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-131-0026 Electronic Messaging

(1) Availability and Adult in Custody Access:

(a) The Department of Corrections may, in its sole discretion, authorize eligible adults in custody in certain Department of Corrections facilities to exchange electronic messages with friends and family as a non-monetary incentive, subject to the conditions and circumstances set forth in these rules and in the department’s rules on Performance Recognition and Award System (PRAS) (OAR 291-077).

(b) Adults in custody that are eligible to access electronic messaging may do so in accordance with these rules, contingent upon the payment of a fee to the third-party vendor.

(2) Processing of Electronic Messages:

(a) Except as otherwise provided in these rules, electronic messages will be processed in the same manner and be subject to the same standards established in these rules for the sending, receipt, and processing of other adult in custody mail. Electronic messages should be processed within two days of receipt.

(b) Incoming electronic messages will be processed by an approved third-party vendor and delivered electronically to department mailrooms. Staff will review, and when necessary, print and deliver the messages to adults in custody. Outgoing electronic messages from adults in custody will be reviewed, scanned, and processed by department mailroom employees and forwarded to the approved third-party vendor for review, scanning, and posting.

(c) All electronic messages will be subject to regular mail inspection and examination. No electronic message will be afforded special processing by department employees as legal mail or official mail.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16

Or. Admin. R. 291-131-0030 Examination and Inspection of Legal Mail and Official Mail

(1) Legal mail and official mail shall be afforded special processing as provided in subsections (2) and (3) of this rule.

(a) To qualify for special processing, mail that otherwise qualifies as legal mail or as official mail under OAR 291-131-0010(17) or (21), respectively, must have affixed to the addressee side of the envelope or parcel the words "LEGAL MAIL" or "OFFICIAL MAIL", as appropriate. The "LEGAL MAIL" or "OFFICIAL MAIL" designation should be set apart from both the return address and the mailing address, and should be of sufficient size, to permit easy recognition by facility mailroom employees.

(b) Mail that otherwise qualifies as legal mail or as official mail but lacks the proper designation shall be processed as ordinary mail (that is, shall be subject to inspection; for example, opening, examination, reading or photocopying) outside the adult in custody’s presence.

(2) Legal mail and official mail sent from or received in a Department of Corrections facility in sealed envelopes or parcels shall be opened and examined for contraband in the presence of the adult in custody, but shall not be read or photocopied, except as authorized in subsection (3) of this rule.

(3) Legal mail and official mail may be inspected (that is, opened, examined, read or photocopied) outside of the adult in custody’s presence only when directed by the Department of Corrections facility functional unit manager or designee, and approved by the Assistant Director of Operations or the Inspector General, based on specific circumstances or specific information indicating that an adult in custody or other person has or may be in the process of violating provisions of law, department administrative rules, or may otherwise be engaged in activity that threatens or impairs the security, good order, or discipline of the facility and officials, employees, or adults in custody.

(4) Legal mail and or official mail may include a single, postage-paid return envelope that meets the following criteria:

(a) White, standard weight;

(b) Pre-printed address and return address; and

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 4-2026, minor correction filed 03/04/2026, effective 03/04/2026
DOC 19-2025, amend filed 10/24/2025, effective 10/24/2025
DOC 13-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 1-2008, f. & cert. ef. 1-25-08
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88)
CD 57-1985, f. & ef. 8-16-85
CD 27-1983, f. & ef. 7-11-83
CD 22-1983(Temp), f. & ef. 6-3-83
CD 28-1980, f. & ef. 8-22-80
CD 16-1980(Temp), f. & ef. 4-18-80
CD 11-1980(Temp), f. & ef. 4-10-80
CD 1-1979, f. & ef. 1-4-79
CD 22, f. 6-27-74, ef. 7-25-74
CD 18(Temp), f. & ef. 12-18-73 thru 4-17-74

Or. Admin. R. 291-131-0032 Corrections Ombudsman Mail

Mail that is addressed to or from the Corrections Ombudsman shall be processed in accordance with the requirements of ORS 423.440. Specifically, a letter to the Corrections Ombudsman from an adult in custody shall be forwarded immediately, unopened, to the Corrections Ombudsman. A letter from the Corrections Ombudsman to the adult in custody shall be immediately delivered, unopened, to the adult in custody.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.400
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.400
DOC 27-2024, adopt filed 12/20/2024, effective 01/13/2025

Or. Admin. R. 291-131-0035 Prohibited Mail

The following materials constitute prohibited mail that shall be confiscated or returned to the sender:

(1) Sexually Explicit Material:

(a) Sexually explicit material that by its nature or content poses a threat or is detrimental to the security, good order, or discipline of the facility, adult in custody rehabilitation, or facilitates criminal activity including, but not limited to, the following:

(A) Individual photographs in which the subject is nude or exposes male or female genitalia, the pubic area, anus, or female areola.

(B) Freestanding nude or partially nude images that include clippings from newspapers and magazines, photocopies, electronic images, printed web pages, drawings, photographs, and other media. Such images, whether human or anime (that is, cartoon), may not include nude subjects, or depict or display male or female genitalia, the pubic area, anus, or female areola.

(i) Portrayal of actual or simulated sexual acts or behaviors between human beings including, but not limited to, intercourse, sodomy, fellatio, cunnilingus, or masturbation.

(ii) Portrayal of actual or simulated penetration of the vagina or anus, or contact between the mouth and the breast, genitals, or anus.

(iii) Portrayal of actual or simulated stimulation of the breast, genitals, or anus.

(iv) Portrayal of actual or simulated acts or threatened acts of force or violence in a sexual context, including but not limited to forcible intercourse (rape) or acts of sadomasochism emphasizing the infliction of pain.

(v) Portrayal of actual or simulated sexual acts or behaviors in which one of the participants is a minor or appears to be under the age of 18.

(vi) Bestiality: Portrayal of actual or simulated sexual acts or behaviors between a human being and an animal.

(D) Excretory Functions: Portrayal of actual or simulated human excretory functions including, but not limited to, urination, defecation, or ejaculation.

(b) No distinction shall be made between depictions of heterosexual and homosexual activity in applying these standards.

(c) Sexually explicit material does not include material of a news or information type, for example, publications covering the activities of gay rights or gay religious groups.

(d) Literary publications shall not be excluded solely because of homosexual themes or references, except for violations of these rules.

(e) Sexually explicit material may be admitted if it has scholarly value, or general social or literary value.

(2) Material That Threatens or is Detrimental to the Security, Safety, Health, Good Order or Discipline of the Facility, Adult in Custody Rehabilitation, or Facilitates Criminal Activity: Material that by its nature or content poses a threat or is detrimental to the security, safety, health, good order or discipline of the facility, adult in custody rehabilitation, or facilitates criminal activity including, but not limited to, material that meets one or more of the following criteria:

(a) It incites, advocates, aids, or abets criminal activity such as illegal drug use, or instructs in the manufacture, use, or conversion of weapons.

(b) It incites, advocates, aids, or abets escape, such as picking locks or digging tunnels.

(d) It contains or concerns sending contraband within, into, or out of the facility.

(e) It concerns plans for activities in violation of other Department of Corrections administrative directives.

(f) It contains code that directly threatens or is detrimental to the security, safety, health, good order, or discipline of the facility, adult in custody rehabilitation, or facilitates criminal activity.

(g) It contains information which, if communicated, would create a clear and present danger of violence and physical harm to a human being.

(h) It contains contraband material.

(i) It contains security threat group-related paraphernalia.

(j) It contains inflammatory material.

(k) It contains detailed maps of areas within 50 miles of correctional facilities or workstations.

(3) Credit or Deferred Billing Transactions: Mail involving credit or deferred billing (for example, "bill me later" or "payment after delivery") transactions for the purchase of or subscription to publications (for example, books, newspapers, magazines) or other items or merchandise is prohibited. Mail prohibited under this subsection includes:

(a) Outgoing adult in custody requests or purported agreements to enter a credit or deferred billing transaction.

(b) Incoming publications or other items or merchandise, including promotional (for example, free gift or premium) items given in exchange for purchase or subscription, received in a Department of Corrections facility that are accompanied by a billing or other statement requiring payment upon delivery or at a later date.

(4) Unauthorized Business Transactions: Mail involving a business transaction not previously approved by the functional unit manager or designee.

(5) Items Prohibited from Receipt by Mail:

(a) Any item or material that an adult in custody shall not possess within the Department of Corrections facility to which the adult in custody is assigned.

(b) Material that an adult in custody shall not possess within the facility or that meets one of the following criteria:

(A) Weapons or explosives;

(B) Narcotics or narcotics paraphernalia;

(D) Escape devices;

(E) Money, negotiable instruments, deposit and withdrawal slips, un-cancelled stamps, and stamp collections;

(F) Any item larger than 18" x 18" except subscription newspapers;

(G) Any electronic items, including batteries;

(H) Any substance that is unauthorized, including lipstick, crayon, watercolors, paint, correction fluid, wax, glitter, foam etc.; or

(I) Polaroid type photographs with a chemical substance on the back of the photograph.

(6) Mail Subject to Outgoing Mail Restriction: Outgoing mail to a person or address to which the adult in custody has been ordered by the functional unit manager or designee not to send mail.

(7) Any other material that the department deems to pose a threat or to be detrimental to legitimate penological objectives.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 15-2011, f. & cert. ef. 8-15-11
DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11
DOC 1-2008, f. & cert. ef. 1-25-08
DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 16-2001(Temp), f. 7-9-01, cert. ef. 7-11-01 thru 1-7-02
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88
CD 57-1985, f. & cert. ef. 8-16-85
CD 13-1984, f. & cert. ef. 4-11-84
CD 27-1983, f. & cert. ef. 7-11-83
CD 22-1983(Temp), f. & cert. ef. 6-3-83
CD 28-1980, f. & cert. ef. 8-22-80
CD 16-1980(Temp), f. & cert. ef. 4-18-80
CD 11-1980(Temp), f. & cert. ef. 4-10-80, Renumbered from 291-010-0315
CD 1-1979, f. & cert. ef. 1-4-79
CD 22, f. 6-27-74, cert. ef. 7-25-74
CD 18(Temp), f. & cert. ef. 12-18-73 through 4-17-74

Or. Admin. R. 291-131-0037 Disposition of Prohibited Mail

(1) Mail, if not confiscated, will be returned to the U.S. Postal Service or other authorized mail service provider for not meeting requirements provided in these rules.

(2) Contraband:

(a) Illegal contraband or evidence of a crime shall be confiscated and turned over to the Oregon State Police. No notice of confiscation shall be given.

(b) Non-AIC Sender:

(A) Contraband (including unauthorized attachments or enclosures) that is not illegal or evidence of a crime shall be returned to the non-AIC sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice.

(B) Unauthorized items with minimal monetary value (for example, paper clips, rubber bands, uncancelled stamps, bookmarks, envelopes, blank paper, blank cards, blank postcards, etc.) may be removed and destroyed and the remaining mail sent to the adult in custody if the remaining contents are otherwise in compliance with department rules. No notice shall be provided to the sender or adult in custody recipient for the removal and destruction of minimally valued items.

(c) Adult in Custody Sender: Any enclosures (that is, photographs, hand-made drawings in excess of that allowed) that are not illegal or evidence of a crime, or that are otherwise not prohibited in outgoing mail under these rules shall be returned to the adult in custody sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice. Any item that poses a threat or is a detriment to the security, good order, or discipline of the facility, or that would encourage or instruct in criminal activity, may be confiscated and retained pending an investigation. If appropriate, the adult in custody may be issued a misconduct report, in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(3) Money:

(a) Cash contained in mail shall be confiscated and deposited to the Adult in Custody Welfare Fund. Notice of the confiscation shall be provided to the sender on a mail confiscation notice. A copy of the mail confiscation notice shall also be provided to the intended adult in custody recipient.

(A) If the cash was concealed in the mail, a written entry shall be made on a mail confiscation notice to document the method of concealment. If, after an administrative review of the confiscation, it is determined that the sender did not conceal the cash, the money shall be returned to the sender.

(B) Correspondence received in an envelope from which cash has been confiscated shall be delivered to the intended adult in custody recipient if the correspondence is otherwise in compliance with department rules.

(b) Monies other than cash (for example, money orders, warrants, personal checks, prepaid cards, and certified checks) contained in mail shall be returned to the sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice. A copy of the mail violation notice or publication violation notice shall be provided to the intended adult in custody recipient. The appropriate Assistant Director or Central Office Administrator may waive this requirement and provide further instructions during the annual holiday buying period.

(A) Prior to returning the mail to the sender, the offending money item shall be photocopied together with the addressee side of the envelope or package.

(B) The photocopy shall be retained by the facility according to the applicable record retention schedule.

(4) Mail with unauthorized or insufficient postage shall be refused and returned to the U.S. Postal Service. Notice of the reason for the mail rejection shall be provided on a form label or stamp affixed to the outside of the envelope or package.

(5) Unauthorized Attachments, Enclosures, or Envelopes:

(a) Mail received that is in violation of 291-131-0025(4), or mail that is determined without opening to contain unauthorized attachments or enclosures, shall remain unopened, be refused, and returned to the U.S. Postal Service or other authorized mail service provider. Notice to the sender of the reasons for the mail refusal shall be provided on a form label or stamp affixed to the outside of the envelope or package.

(b) Mail received with unauthorized attachments affixed to the inside of an envelope or package or affixed to the contents of an envelope or package, or mail received with unauthorized enclosures, except for that with minimal monetary value as described in section (2)(b) above, shall be rejected and returned to the sender with the contents of the envelope or package intact, together with a mail violation notice or publication violation notice.

(6) Correspondence and Publications: When, after opening, mail is rejected for violation of these or other department rules the following procedures shall be followed:

(a) Rejected Mail:

(A) Non-AIC sender: The sender and intended adult in custody recipient shall be notified of the rejection of mail, including the reasons, on a mail violation notice or publication violation notice for correspondence or for a publication. If the rejection is based upon written or pictorial content, the notice shall advise that an independent review of the rejection may be obtained by writing to the functional unit manager within 30 days of the date of the notice. Mail rejected based on written or pictorial content shall be returned intact to the sender. The rejected portion of the mail shall be photocopied and retained pending any administrative review. If no administrative review is requested, the photocopy shall be maintained according to the applicable record retention schedule.

(B) Adult in Custody Sender: The adult in custody sender shall receive the same standards as the non-AIC sender. However, the intended recipient shall not be notified of the rejection for any mail sent by an adult in custody in a Department of Corrections facility and shall not be eligible for an administrative review.

(b) No administrative review shall be available if the rejection is based on the presence of an unauthorized attachment, substance, or enclosure on or with the mail, or if the rejection is based on any violation not related to the written or pictorial content.

(A) Non-AIC Sender: If the mail is confiscated, notice shall be made to the sender and intended adult in custody recipient on a mail confiscation notice, unless it includes plans for a discussion or commission of a crime or evidence of a crime. In such cases, no notice shall be given, and the mail shall be turned over to the Special Investigations Unit of the department or the Oregon State Police. Confiscated mail not involving evidence of a crime shall be retained intact pending any administrative review. If no administrative review is requested, the mail shall be maintained according to the applicable record retention schedule.

(B) Adult in Custody Sender: If the mail is confiscated, no notice shall be given to the sender or the intended adult in custody recipient. Mail that includes plans for a discussion or commission of a crime or evidence of a crime shall be turned over to the Special Investigations Unit of the department or the Oregon State Police. Confiscated mail that poses a threat or detriment to the security, good order, or discipline of the facility, or would encourage or instruct in criminal activity shall be retained intact pending an investigation. The adult in custody may be issued a misconduct report in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Otherwise, after the investigation is completed, the adult in custody will be notified of the confiscation. If no administrative review is requested, the mail shall be maintained according to the applicable record retention schedule.

(7) Packages: When a package is rejected, the following procedures shall be followed:

(a) Packages received without prior authorization of the functional unit manager or designee, or which have unauthorized attachments affixed to the outside of the package, shall be refused and returned to the U.S. Postal Service or other authorized mail service provider.

(b) Prior authorized packages which after opening are found to contain contraband that is not illegal (including unauthorized attachments or enclosures) or evidence of a crime or otherwise to be in violation of these or other department rules, shall be returned to the sender with the contents of the package intact, together with a mail violation notice or publication violation notice.

(c) Intended Adult in Custody Recipient: If a prior authorized package is returned to the sender after opening, the intended adult in custody recipient shall be promptly notified in writing of the rejection, along with the reason for the rejection, on a mail violation notice or publication violation notice. No administrative review shall be available to the intended adult in custody recipient.

(d) Sender: The sender shall be notified in writing of the rejection of any package received in a Department of Corrections facility and addressed to an adult in custody, along with the reason for rejection, on a form label or stamp affixed to the outside of the package if the package is refused without opening, or if the package is returned to the sender after opening, on a mail violation notice or publication violation notice inserted into the package. No administrative review shall be available to the sender.

(8) Mail from Vendors that Repeatedly Violate Mail Rule Standards:

(a) Mail violation for vendors will be tracked in the mailroom database.

(b) Vendors that repeatedly send prohibited content to adults in custody after multiple violation notices informing them of mail rule standards may be restricted.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 19-2025, amend filed 10/24/2025, effective 10/24/2025
DOC 13-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 15-2011, f. & cert. ef. 8-15-11
DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11
DOC 1-2008, f. & cert. ef. 1-25-08
DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02
DOC 4-2002(Temp), f. & cert. ef. 3-25-02 thru 9-21-02
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 25-1994, f. 12-21-94, cert. ef. 1-3-95
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93
CD 1-1992, f. & cert. ef. 1-29-92
CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88)

Or. Admin. R. 291-131-0050 Administrative Review

(1) Correspondence and Publications:

(a) Non-AIC Sender:

(A) A non-AIC sender who has received a mail violation and publication violation notice or a mail confiscation notice for written or pictorial content may obtain an independent review of the rejection of mail by writing to the functional unit manager or designee and requesting an administrative review within 30 days of the date of the notice. The review request shall specify in writing the reason why the rejection should not be sustained and include the mail violation and publication violation notice or the mail confiscation notice. The rejected mail, if returned to the sender, must be submitted with the mail violation and publication violation notice or the mail confiscation notice along with the review request.

(B) An intended adult in custody recipient who has received a mail violation and publication violation notice or a mail confiscation notice for written or pictorial content may obtain an independent review by writing to the functional unit manager or designee and requesting an administrative review within 30 days of the date of the notice. The review request shall specify type of violation (mail, publication, or confiscation), date of violation, and name and issue date of any involved publication.

(b) Adult in Custody Sender: An adult in custody sender who has received a mail violation and publication violation notice or a mail confiscation notice for written or pictorial content may obtain an independent review with the same provisions as a non-AIC sender. The intended recipient shall not be eligible for an administrative review.

(c) No administrative review shall be afforded if the rejection is based on the presence of an unauthorized attachment, substance, or enclosure on or with the mail, or if the rejection is based on any violation not related to the written or pictorial content.

(2) Packages: No administrative review shall be available to the sender or intended adult in custody recipient of a package.

(3) Administrative Review Process:

(a) The functional unit manager shall appoint an official or employee, other than the employee who originally rejected the correspondence or publication, to conduct the administrative review.

(b) The administrative review shall consist of an informal review of the original mail rejection decision and shall include a review of the mail violation and publication violation notice or the mail confiscation notice, the request for administrative review, and where necessary, the rejected mail, article, or material for compliance with department rules. No formal hearing shall be conducted.

(c) The functional unit manager or designee shall permit the intended adult in custody recipient an opportunity to review the rejected mail for purposes of administrative review, unless such review may provide the adult in custody with information of a nature which is deemed to pose a threat or detriment to the security, good order, or discipline of the facility, or to encourage or instruct in criminal activity.

(A) The intended adult in custody recipient shall specify in writing the reason why the rejection should not be sustained within five days after reviewing the rejected material, or within five days of receiving notice that the adult in custody was not allowed to review the rejected material for the reasons stated above.

(B) If the adult in custody refuses to review the material, the administrative review will be considered dismissed.

(d) The official or employee assigned to review the original mail rejection decision shall deliver a written recommended decision together with a copy of the mail violation and publication violation notice or the mail confiscation notice, the request for administrative review, and where necessary, the rejected mail, article, and material to the functional unit manager or designee for their review and approval.

(e) The functional unit manager or designee shall review the recommended decision and either affirm, reverse, or otherwise modify the original mail rejection decision in writing. The administrative review shall be completed within 45 days after receipt of the request for administrative review. A copy of the functional unit manager or designee's decision shall be provided to the party who requested the administrative review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025
DOC 9-2016, f. & cert. ef. 5-10-16
DOC 20-2001, f. & cert. ef. 12-17-01
DOC 8-1999, f. 5-24-99, cert. ef. 6-1-99
DOC 23-1998, f. & cert. ef. 12-23-98 thru 6-21-99
DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98
CD 25-1994, f. 12-21-94, cert. ef. 1-3-95
CD 10-1993, f. 5-5-93, cert. ef. 7-1-93

Division 133 MARRIAGES AND DOMESTIC PARTNERSHIP SOLEMNIZATION CEREMONIES (AIC)

Or. Admin. R. 291-133-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.285, 179.040, 423.020, 423.030, and 423.075, and 2007 Or Laws, Chapter 99.

(2) Purpose: To establish Department of Corrections policies and procedures regarding inmate marriages or solemnization ceremonies for inmates that have established a domestic partnership, conducted in a Department of Corrections facility.

(3) Policy: Within the inherent limitations of resources, and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections to permit an inmate to marry a person Department of Corrections facility, including another inmate, and to permit an inmate that has established a domestic partnership to participate in a solemnization ceremony in a Department of Corrections facility, provided that the marriage or domestic partnership is otherwise legal under Oregon law, and is not inconsistent with the safe, secure and orderly operation of a Department of Corrections facility, inmate rehabilitation, or other penological interest.

History

Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
DOC 7-2016, f. & cert. ef. 4-20-16
DOC 25-2008, f. & cert. ef. 9-26-08
DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
CD 28-1993, f. 10-22-93, cert. ef. 10-23-93
CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93
CD 22-1991, f. & cert. ef. 9-20-91
CD 48-1986, f. & ef. 11-20-86
CD 58-1985, f. & ef. 8-16-85
CD 50-1981, f. & ef. 10-30-81
CD 18-1981(Temp), f. & ef. 6-30-81
CD 31-1978, f. 10-24-78, ef. 10-25-78

Or. Admin. R. 291-133-0010 Definitions

(1) Applicant: For the purposes of these rules, "applicant" refers to an inmate incarcerated in a Department of Corrections facility who submits a Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form.

(2) Death Row Status: An inmate who has received a sentence of death and is assigned to Death Row Housing.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Domestic Partner: An individual joined in a domestic partnership.

(5) Domestic Partnership: A civil contract entered into in person between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon, which has been filed with the County Clerk and entered in the domestic partnership registry.

(6) Immediate Family Member: As defined in the DOC rule for Visiting, OAR 291-127-0210.

(7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post prison supervision, or probation status.

(8) Solemnization Ceremony: A ceremony to celebrate the establishment of a domestic partnership.

History

Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
DOC 25-2008, f. & cert. ef. 9-26-08
DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
DOC 8-2002, f. & cert. ef. 6-12-02
CD 28-1993, f. 10-22-93, cert. ef. 10-23-93
CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93
CD 22-1991, f. & cert. ef. 9-20-91
CD 48-1986, f. & ef. 11-20-86
CD 58-1985, f. & ef. 8-16-85
CD 50-1981, f. & ef. 10-30-81
CD 18-1981(Temp), f. & ef. 6-30-81
CD 31-1978, f. 10-24-78, ef. 10-25-78

Or. Admin. R. 291-133-0015 Marriage or Domestic Partnership Solemnization Ceremony Application, Approval, and Eligibility Requirements

(1) An inmate incarcerated in a Department of Corrections facility wishing to marry or have a domestic partnership solemnization ceremony may obtain necessary forms from designated staff.

(2) The department will not transport inmates for the purpose of participating in a marriage or domestic partnership solemnization ceremony.

(3) Marriages and domestic partnership solemnization ceremonies in a Department of Corrections facility will occur two times per year on the fourth week of April and October.

(4) A Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form (CD1396) must be submitted for approval to designated staff at least six weeks prior to the scheduled marriage or ceremony date.

(a) An inmate requesting a solemnization ceremony must also submit a certified copy of the inmate’s Declaration of Domestic Partnership registered with the County Clerk’s Office.

(b) Designated staff shall approve or disapprove the request within 15 working days following receipt, except that approval or disapproval may be delayed for up to 30 working days if the accuracy of the information provided on the Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form (CD1396) is in doubt.

(5) An applicant and prospective spouse, and an applicant’s domestic partner, must meet the following eligibility requirements:

(a) The applicant is confined in a Department of Corrections facility at the time of the application and remains so until the marriage or domestic partnership solemnization ceremony.

(b) The applicant has no major disciplinary misconduct sanctions six weeks prior to the marriage or domestic partnership solemnization ceremony date and remains without any such sanctions until the marriage or domestic partnership solemnization ceremony.

(c) Neither the marriage applicant nor the applicant’s prospective spouse is currently married, mentally incapacitated, of blood relation of first cousins or closer.

(d) Both the applicant and prospective spouse, or the applicant’s domestic partner, are approved for privileged visitation under the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) at the time of the application, or if not at the time of the application, at least six weeks prior to the scheduled marriage or domestic partnership solemnization ceremony date and remain so qualified until the marriage or domestic partnership solemnization ceremony date. This eligibility requirement for privileged visiting may be waived for an applicant who is assigned to administrative housing for reasons of protective custody, or for an applicant who is on death row status.

(e) The applicant, whether indigent or not, accepts responsibility for all fees incurred related to the marriage or domestic partnership solemnization ceremony process, such as the marriage license fee and ceremony expenses.

(f) The necessary procedures for the issuance of a marriage license and performance of the marriage ceremony, or for the performance of the solemnization ceremony, is not inconsistent with the safe, secure and orderly operation of the Department of Corrections facility, inmate rehabilitation, or other penological interest.

(g) Approval may be withdrawn by the functional unit manager, or by designated staff, if the applicant later becomes ineligible.

History

Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
DOC 7-2016, f. & cert. ef. 4-20-16
DOC 25-2008, f. & cert. ef. 9-26-08
DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
DOC 8-2002, f. & cert. ef. 6-12-02
CD 28-1993, f. 10-22-93, cert. ef. 10-23-93
CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93
CD 22-1991, f. & cert. ef. 9-20-91
CD 48-1986, f. & ef. 11-20-86
CD 58-1985, f. & ef. 8-16-85
CD 28-1983, f. & ef. 7-11-83
CD 50-1981, f. & ef. 10-30-81
CD 18-1981(Temp), f. & ef. 6-30-81
CD 31-1978, f. 10-24-78, ef. 10-25-78

Or. Admin. R. 291-133-0025 Marriage or Domestic Partnership Solemnization Ceremony

(1) Staff will arrange for the marriage or domestic partnership solemnization ceremony to be scheduled in the area designated after all necessary forms are processed and confirmations have been made.

(2) All guests (including participants) attending the marriage or domestic partnership solemnization ceremony must be approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) on the day of the ceremony. In accordance with OAR 291-133-0015(5)(d), this requirement may be waived for an applicant who is assigned to administrative housing for reasons of protective custody, or for an applicant who is on death row status.

(a) All guests will be processed into the institution in accordance with procedures for regular privileged visiting.

(b) A maximum of ten guests (not including the official performing the marriage or individual conducting the domestic partnership solemnization ceremony) will be permitted to attend the ceremony with the applicants.

(3) An inmate who is an immediate family member of the bride or groom or domestic partner may attend the marriage or domestic partnership solemnization ceremony only if he/she is housed at the facility where the wedding or ceremony is being held.

(4) Designated staff will notify the inmate and appropriate staff when arrangements for the marriage or domestic partnership solemnization ceremony have been finalized.

(5) No food, cameras, flowers, or special clothing may be brought into a Department of Corrections facility for inmate marriages or domestic partnership solemnization ceremonies.

(6) Inmates will be permitted to wear a plain smooth band, which shall be recorded on the inmate's personal property list.

(7) The applicant or prospective spouse or applicant’s domestic partner will have the responsibility of contacting the clergy or other licensed person to perform the marriage or solemnization ceremony.

(8) The schedule of marriages or domestic partnership solemnization ceremonies will be arranged by designated staff.

(9) The designated staff member will assure that appropriate reports are submitted.

History

Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
DOC 7-2016, f. & cert. ef. 4-20-16
DOC 25-2008, f. & cert. ef. 9-26-08
DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
DOC 8-2002, f. & cert. ef. 6-12-02
CD 28-1993, f. 10-22-93, cert. ef. 10-23-93
CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93

Or. Admin. R. 291-133-0035 Inmate-to-Inmate Marriages and Domestic Partnership Solemnization Ceremonies

(1) An applicant satisfying the eligibility requirements of OAR 291-133-0015, except subsection (5)(d), may be permitted to marry or enter a domestic partnership with another applicant provided they reside in the same facility.

(2) The department will not transport inmates for the purpose of participating in a marriage or domestic partnership solemnization ceremony.

History

Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99
DOC 7-2016, f. & cert. ef. 4-20-16
DOC 25-2008, f. & cert. ef. 9-26-08
DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08
DOC 8-2002, f. & cert. ef. 6-12-02
CD 28-1993, f. 10-22-93, cert. ef. 10-23-93
CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93

Division 139 LEGAL AFFAIRS (AIC)

Or. Admin. R. 291-139-0100 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedure for affording inmates reasonable access to law library services and equipment and to necessary supplies for the preparation and filing of legal documents with the courts and paroling authorities.

(3) Policy: Within the inherent limitations of resources and the need to promote and maintain facility security, safety, health, and order, and subject to operational contingencies and needs, it is the policy of the Department of Corrections to afford inmates reasonable access to law library services and equipment, and to necessary supplies for the preparation and filing of legal documents with the courts and paroling authorities, on a prioritized basis, in accordance with these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0110 Definitions

(1) Active Case: A case or proceeding that is pending before a court or paroling authority.

(2) Cursory Review: A quick scan of documents conducted by the library coordinator or other corrections staff to verify that the documents belong to the inmate and are legal in nature.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and who has responsibility for delivery of program services or coordination of program operations.

(6) General Legal User: An inmate requesting access to law library services, equipment, or supplies in order to conduct legal research or to prepare a legal document in a matter that does not raise a legal challenge to the inmate’s conviction or sentence, or to the conditions of the inmate’s prison confinement, that is pending before or to be submitted to a court or paroling authority, including but not limited to the following matters: marriage dissolution(divorce), child custody, paternity, estate matters, DMV matters, social security benefits, wills, power of attorney, immigration, internal DOC administrative grievances, and general research

(7) Imminent Court Deadline: A deadline for the filing of a legal document with a court or paroling authority that must be received by the court or paroling authority within 30 calendar days.

(8) Indigent Inmate: An indigent inmate without sufficient funds in the inmate’s trust account at the time of request to pay for supplies or services needed to prepare or make required filings with a court or paroling authority.

(9) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(10) Legal Documents: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, or other necessary papers submitted to a court in connection with a legal action. For purposes of these rules "legal documents" include necessary papers submitted to the Oregon Board of Parole and Post-Prison Supervision and equivalent releasing authorities in other state and federal jurisdictions in connection with official actions and proceedings of such authorities.

(11) Legal Assistant: An inmate assigned to work in a facility law library to help guide and assist other inmates with legal research and preparation of legal documents for filing with a court or paroling authority.

(12) Library Coordinator: A department employee assigned to provide general and law library services to inmates in a Department of Corrections facility.

(13) Priority Legal User: An inmate requesting access to law library services, equipment, or supplies in order to conduct legal research or to prepare a legal document in a matter that raises a legal challenge to the inmate’s conviction or sentence, or to the conditions of the inmate’s prison confinement that is pending before or to be submitted to a court or paroling authority. Matters may include: direct appeals and collateral challenges to the inmate’s conviction or sentence in state or federal court (i.e., direct appeals in Oregon Court of Appeals and Oregon Supreme Court, and United States Supreme Court; petitions for post-conviction relief in Oregon Circuit Court, and appeals in the Oregon Court of Appeals, Oregon Supreme Court, and United States Supreme Court; petitions for habeas corpus in United States District Court, and appeals in United States Courts of Appeal and United States Supreme Court; petitions for habeas corpus in in Oregon Circuit Court, and appeals in Oregon Court of Appeals and Oregon Supreme Court; actions for violation of federal civil rights under 42 USC Section 1983 in United States District Court, and appeals in United States Courts of Appeal and United States Supreme Court; and actions for violation of federal civil rights under 42 USC section 1983 filed in Oregon Circuit Court, and appeals in Oregon Court of Appeals and Oregon Supreme Court).

(14) Removable Media: Any storage device that can be portable, accessible, or connected to any computing device with the ability to process the contents held on that media. Examples include but are not limited to USB-based memory sticks, removable memory cards, portable audio/media players that support data storage, removable memory-based media, such DVDs, CDs, or floppy disks.

(15) Special Housing: Inmate housing assignments other than general population.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0120 Access to Law Library Services and Equipment

(1) General:

(a) Within the inherent limitation of resources and the need for facility security, safety, health, and order, and subject to operational contingencies, all inmates will be afforded reasonable opportunities to access law library services and equipment, and necessary supplies for the preparation and filing of legal documents with the courts and paroling authorities, on a prioritized basis, in accordance with these rules.

(b) Inmates may be permitted access to law library services and equipment to prepare and file correspondence with the court or paroling authorities, and to communicate with counsel in the Attorney General’s Office or with the district attorney, in connection with a legal matter that is pending before the court or paroling authorities.

(2) Priority Access to Law Library Services and Equipment:

(a) Inmate access to law library services and equipment will be prioritized in the following order:

(A) Priority legal users with an imminent court deadline;

(B) General legal users with an imminent court deadline;

(D) General legal users without an imminent court deadline.

(b) Library coordinators will consider whether the inmate has assigned legal counsel when determining priority within these categories.

(3) Submission of Access Request Form Required: In order to obtain access to law library services and equipment and necessary supplies, an inmate must submit to the library coordinator a written request using the appropriate access request forms.

(4) Inmates may be allowed a reasonable amount of time to do legal research and to prepare legal documents in the facility law library or in the inmate’s assigned cell or living unit.

(a) A special time allowance for research and preparation of legal documents using law library services and equipment may be granted to a legal user who demonstrates such a need with verification of an imminent court deadline.

(b) In the event of extended facility operational modifications library staff will prioritize access to law library services and equipment for inmates in the order described in subsection (2) above.

(5) Inmates received from other state or federal jurisdictions who are incarcerated in a Department of Corrections facility will be afforded access to law library services and equipment and necessary supplies in the same manner as Oregon inmates; however, the department will not be responsible for providing inmates with legal research materials specific to other state jurisdictions other than those materials that are regularly made available to Oregon inmates. These inmates must contact their respective state or federal corrections authorities to acquire state-specific materials.

(6) Oregon inmates who are incarcerated in a correctional facility located in another state or in a federal correctional facility may request access to Oregon-specific legal research materials and assistance from an assigned inmate legal assistant through correspondence directed to the library coordinator at the Oregon facility they were last housed. Such requests will be processed with reasonable diligence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2026, amend filed 04/27/2026, effective 05/01/2026
DOC 3-2026, temporary amend filed 01/26/2026, effective 01/26/2026 through 07/24/2026
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0130 Law Library Services

(1) Operations and Procedures:

(a) Each facility will post normal law library hours of operation.

(b) Work space will be provided for inmate use in all facility law libraries.

(c) Assigned legal assistants will be provided work space and access to computer equipment for research and word processing.

(d) Commissary items, personal property, and other items that are unrelated to legal research or preparation of legal documents are not permitted in facility law libraries.

(2) Legal Research Materials: Legal research materials in either electronic or hard copy form will be maintained for inmate use in facility law libraries.

(3) Legal Assistants: Library coordinators may assign a legal assistant to help guide and assist another inmate in legal research and in the preparation of legal documents using available computerized and hard copy resources under the supervision and direction of the library coordinator in accordance with these rules.

(4) Legal Forms:

(a) Legal forms that are made available in facility law libraries for use by priority legal users will be provided upon request.

(b) Other legal forms may be made available in facility law library for use by general legal users at the discretion of the library coordinator, with the approval of the functional unit manager and Central Library Administrator.

(c) The department does not warrant or make any representation regarding the suitability of any legal form made available for inmate use in the facility law libraries for a particular legal matter or application or regarding the legal effect of any legal form. Inmates who request and use such forms do so at their own legal risk.

(d) An inmate may request and obtain access from the department to only those legal forms that are made available for inmate use in the facility law library where the inmate is housed.

(5) Word Processing and Other Equipment:

(a) The department may, in its discretion, make word processing and other equipment available for inmate use for conducting legal research, preparing legal documents, and for reviewing personal court records and discovery.

(b) When made available for inmate use, word processing and other equipment and its use must conform to the standards set forth in the department’s rules on Inmate Access to Automation (OAR 291-086), law library operations for word processing and usage, and the provisions of OAR 291-139-0190(2).

(c) The department, in its discretion, may make available for inmate use in facility law libraries software used by state and federal courts and paroling authorities for reviewing audio and video recordings of official proceedings before courts and paroling authorities. Electronic material sent into the facility by a court, paroling authority or attorney must be compatible with the software provided in the facility law library. Refer to OAR 291-139-0190(3) for storage, control, and disposition of audio and video recordings of courts and paroling authorities.

(6) Supplies: Supplies (e.g. pencil, paper, envelopes) will be available for inmate use in the facility law library only for legal research and the preparation of legal documents. Envelopes for mailing legal documents are available for purchase from the facility commissary or, at the discretion of the facility, may be made available for purchase through the facility law library. Envelopes will only be provided to indigent inmates for necessary court filings.

(7) Notary Services: Notary services for the notarizing of legal documents will be provided to inmates when necessary without charge in accordance with posted schedules. The requesting inmate must show that a notary is required by the court or paroling authority.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0140 Special Housing Law Library Services

(1) Inmates assigned to special housing will be afforded reasonable access to law library services through intra-facility telephone and loan systems, satellite law library materials, computer equipment in or near the special housing unit or some combination therein.

(2) Inmates assigned to special housing who do not have direct access to computerized legal research materials or to print legal research materials sufficient for their needs may request access to duplicated copies of specific reported cases or other legal research materials by using standard request forms.

(a) All loaned legal material items must be returned to the facility law library within the specified time period for the loan.

(b) Requests for legal research materials will be limited to five materials per inmate at any one time.

(3) Inmates assigned to special housing will be permitted to communicate with library coordinators or inmate legal assistants concerning legal research questions through writing, phone, or in person on a schedule that is posted at the facility.

(4) Inmates assigned to special housing with an active case may request a limited and reasonable amount of supplies. Necessary supplies will be made available for inmate use in accordance with security guidelines for the unit where the inmate is housed. No more than 30 pages of paper will be provided per month to inmates in special housing units, unless the requesting inmate can substantiate the need for more.

(5) Notary services, photocopying, and mailing services for legal work may be requested in accordance with these rules using the standard request forms. Mail and photocopy requests must be accompanied by a Request for Withdrawal of Funds (CD28).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0150 Library Coordinators

(1) Library coordinators are responsible for supervising facility legal libraries and the provision of law library services to inmates, including the activities of the assigned legal assistants.

(2) The library coordinator oversees the prioritization and assignment of legal services to an inmate, including the assignment of legal assistants.

(3) The library coordinator will track and manage the work of assigned legal assistants.

(4) The library coordinator may instruct inmates on how and where to access requested law library services and other resources, but may not offer advice or directly assist an inmate with their legal issues, case or matter.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0160 Legal Assistants

(1) Legal assistants are assigned to work in the facility law library by the library coordinator to help guide and assist other inmates in legal research and document preparation on a prioritized basis as assigned by the library coordinator. A minimum of one legal assistant will be assigned at each Department of Corrections facility that has a law library.

(2) Legal assistants may conduct legal research and prepare legal documents for another inmate only if the inmate is not capable of doing their own legal research and document preparation.

(3) Legal assistants may not discuss the details of another inmate’s legal work with other inmates.

(4) Legal assistants may not work for attorneys.

(5) Legal assistants may not charge or receive any form of compensation for assisting another inmate with legal work. Legal assistants who request or receive compensation for legal work are subject to discipline for violation of the department’s rules on Prohibited Inmate Conduct (OAR 291-105). Inmates found in violation of the rules of Prohibited Inmate Conduct related to their work in the library may be ineligible for future work assignment as a legal assistant.

(6) Legal assistants may be removed from their work assignment in a facility law library at the discretion of the functional unit manager or designee, in consultation with the Central Library Administrator, for misconduct or other behavior determined to be inconsistent with their work assignment as a legal assistant. Inmates removed from a work assignment as a legal assistant may be ineligible for consideration for future work assignment as a legal assistant.

(7) Possession of Another Inmate’s Legal Material:

(a) An inmate legal assistant may temporarily possess and store another inmate’s legal documents and other material in the facility law library for purposes of assisting the inmate with the approval of the library coordinator.

(b) The legal assistant must clearly label and store the inmate’s legal work in accordance with the library coordinator’s instructions.

(c) The legal assistant must return all legal documents and other materials belonging to the inmate upon the conclusion of the assistance or at the direction of the library coordinator. The legal assistant may not retain any copies (electronic or paper) of the inmate’s legal documents or other material.

(8) All files and documents prepared or compiled by the legal assistant, regardless of the form or format in which the file is created or maintained (i.e., computerized or hard copy), are subject to cursory review by the library coordinator, the library coordinator’s immediate supervisor, and by such other corrections staff as designated by the functional unit manager.

(9) Legal Assistant Eligibility Criteria and Selection:

(a) A GED or high school diploma, non-cash Incentive Level 2 or 3, and a genuine interest in helping inmates with their legal needs are required and determined by interviews conducted by the library coordinator or designated staff.

(b) Qualified applicants will be selected based on, but not limited to, their knowledge of the legal system, legal research abilities, legal writing skills, ability to communicate, and typing skills.

(10) Performance Recognition and Award System (PRAS) Awards: Assigned legal assistants are eligible to receive monthly performance awards in accordance with the department’s rules on Performance Recognition and Award System (OAR 291-077).

(11) Assignment and removal of inmate legal assistants by the library coordinator shall not be based upon retaliation for legitimate legal activities done in accordance with these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0170 Print, Photocopy, and Mailing Services

(1) Printing and Photocopy Services:

(a) Printing and photocopy services will be made available to inmates in the facility law library for duplication of legal documents at the inmate's expense. An inmate must have sufficient funds in the inmate’s trust account to cover the costs of duplication at the time of a request.

(b) Costs for Printing or Photocopying: Inmates receiving printing or photocopying services will be charged at the rate of 10 cents per page.

(c) Cursory Review: All documents, prior to photocopy or printing, may receive a cursory review by the library coordinator or other supervising staff.

(d) Duplication of materials provided to the inmate by the court, paroling authority or attorney may be approved only for inmates who have sufficient funds to pay for copies.

(e) Crime scene images and other inflammatory material from an inmate’s criminal case will not be duplicated. Misuse of such material in violation of the department’s rules of Prohibited Inmate Conduct (OAR 291-105) may result in discipline or in confiscation of the material.

(f) All inmate requests for photocopies must be approved by the library coordinator or other supervising staff member. Only legal documents in final form that are ready to be filed with the court or paroling authority will be approved for photocopying. Approval will be provided for only that number of copies needed to satisfy court or paroling authority filing requirements as established by applicable rules and procedures, and one additional copy for retention by the inmate for the inmate’s personal records. If the library coordinator or other supervising staff have questions about copy requirements, the requesting inmate is responsible for providing staff with the citation to the applicable court or paroling authority rules and procedures.

(g) Copies of Non-Legal Documents: The library coordinator, in consultation with an immediate supervisor, may approve at the inmate’s expense photocopying of non-legal documents in the facility legal library when doing so serves a legitimate correctional, rehabilitative or programming need.

(2) Mailing Services:

(a) Mailing services (i.e., envelopes and postage) will be made available to inmates in facility law libraries for mailing legal documents at the inmate's expense as provided in these rules and in the department's rules on Mail (Inmate) (OAR 291-131).

(b) Electronic Filing of Legal Documents with a Court: Envelopes and postage will not be provided to inmates for filing of legal documents with a court if the department has entered into an agreement with the court for electronic filing of legal documents by inmates, and the court has provided for electronic filing as the exclusive means of filing legal documents with the court by inmates.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0180 Indigent Inmates

(1) Two categories of inmates will qualify for indigent status:

(a) A Priority Legal User who is without sufficient funds in the inmate’s trust account to pay for the costs of necessary supplies, photocopies and mailing services at the time of the request will be provided necessary supplies, photocopies, and mailing services notwithstanding the inmate’s indigent status in accordance with these rules.

(b) A General Legal User with an imminent Court Deadline who can demonstrate the inability to acquire funds or purchase necessary supplies or mailing services within the court deadline will be provided necessary supplies, photocopies and mailing services notwithstanding the inmate’s indigent status in accordance with these rules

(2) A General Legal User without sufficient funds in the inmate’s trust account to pay for the costs of necessary supplies, photocopies, and mailing services at the time of the request will not be provided necessary supplies, photocopies, and mailing services notwithstanding the inmate’s indigent status in accordance with these rules.

(3) Costs for any supplies, photocopies, and mailing services provided to indigent inmates will be charged to the requesting inmate’s trust account and collected as funds become available in accordance with the department’s rules on Trust Accounts (Inmate) (OAR 291-158).

(4) If the library coordinator or other supervising staff have questions about the inmate’s eligibility for indigent supplies, photocopies, or mailing services the inmate is responsible for providing staff with sufficient information to verify the inmate’s eligibility.

(5) Under these rules, sufficient envelopes and postage will be provided to mail out the original legal documents for filing with the court or paroling authority and for mailing out any required service copies.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Or. Admin. R. 291-139-0190 Storage, Control, and Disposition of Legal Materials

(1) General:

(a) Each inmate may possess and store their own legal materials as authorized by the department in accordance with the department's rules on Personal Property (Inmate) (OAR 291-117).

(b) Each inmate is responsible for maintaining custody of their own authorized legal materials except for those authorized legal materials that are maintained on digital or electronic storage media, which will be maintained in the facility law library.

(2) Removable Media Devices:

(a) The department, in its discretion, may make removable media devices available for inmate use for saving and storing legal documents created using word processing equipment in the facility law library.

(b) When made available by the department for inmate use, removable media devices that are owned by the department may be assigned to an inmate by the library coordinator. To receive authorization for assignment and use of a department-owned removable media device an inmate must agree to the terms and conditions of use set forth in a Removable Media Use Acknowledgment Statement (CD1761).

(c) An assigned removable media device may only be used by the inmate for the creation and storage of legal documents and is subject to cursory review by the library coordinator and other correctional staff. Any material stored on an assigned removable media device that is not legal in nature, or which belongs to another inmate or pertains to another inmate’s legal affairs will be confiscated in accordance with the department’s rules on Personal Property (Inmate) (OAR 291-117). Misuse of removable media devices may result in loss of privileges.

(d) Assigned removable media devices will be securely stored in the facility law library or in another secure area designated by the functional unit manager or designee. Inmates may access their assigned removable media by checkout for use at an approved law library terminal.

(e) The use of removable media by inmates is governed by the department’s rules on Inmate Access to Automation (OAR 291-086) and the Removable Media Use Acknowledgment Statement (CD1761).

(3) Assigned Network Storage Space:

(a) The department, in its discretion, may make network storage space available for inmate use for saving and storing legal documents and authorized correspondence as provided under OAR 291-139-0120(1)(b) created using word processing equipment in the facility law library.

(b) When made available by the department for inmate use, network storage space that is owned by the department may be assigned to an inmate by the library coordinator. In order to receive authorization for assignment and use of a department-owned storage space an inmate must agree to the terms and conditions of use set forth in the AICNet Storage Use Acknowledgment Statement.

(c) Assigned network storage space may only be used by the inmate for the creation and storage of legal documents and is subject to cursory review by the library coordinator and other correctional staff. Any material stored on assigned storage space that is not legal in nature, or which belongs to another inmate or pertains to another inmate’s legal affairs will be confiscated in accordance with the department’s rules on Personal Property (AIC) (OAR 291-117). Misuse of assigned storage space may result in loss of privileges.

(d) Assigned network storage space will only be accessible at approved law library terminals.

(e) The use of assigned network storage space by inmates is governed by the department’s rules on AIC Access to Automation (OAR 291-086) and the AICNet Storage Use Acknowledgment Statement.

(4) Audio or Video Recordings of Court and Paroling Authority Hearings and Proceedings:

(a) Inmates in Department of Corrections facilities may be authorized by the library coordinator to access recordings of their official court and paroling authority hearings and proceedings sent in from the court, paroling authority, or the inmate’s attorney. Inmates can request access to those recordings by using the Law library Request Form for General Population (CD1714).

(b) Authorized audio or video recordings of hearings and proceedings sent into the facility from a court, paroling authority, or attorney will be securely stored in the law library.

(c) Authorized audio or video recordings hearings and proceedings sent into the facility from a court, paroling authority or attorney must be labeled to identify the inmate’s name and State Identification (“SID”) number, and the court and case caption and number that the records pertain to. The library coordinator may place additional labeling on electronic media sent in from a court, paroling authority, or the inmate’s attorney for purposes of storage and tracking.

(d) Authorized audio or video recordings of hearings and proceedings sent into the facility from a court, paroling authority, or the inmate’s attorney must be compatible with the media software made available for inmate use by the department. Any media that is not compatible with the department existing media software will be returned to the sender. Inmates are responsible for informing their attorney of department requirements.

(e) Only those inmates who are the subject of and a party to the court or paroling authority case or proceeding, or assigned legal assistants as requested by the inmate, will be authorized to review the audio or video recording of the court or paroling authority hearing or proceeding.

(5) Transfers Within the Department:

(a) Inmates who transfer to another Department of Corrections facility will have their legal property transferred with them.

(b) Electronic material stored on an assigned removable media device will be forwarded by the library coordinator or other supervising staff at the previous facility to the library coordinator at the receiving facility without charge to the inmate.

(6) Disposition of Legal Material:

(a) Department of Corrections staff will process the disposition of legal documents and materials in accordance with the provisions in the department's rules on Personal Property (Inmate) (OAR 291-117).

(b) Upon an inmate’s release from a Department of Corrections or other facility upon completion of the inmate incarceration term or sentence, or upon the death of an inmate, all stored legal materials of the inmate will be processed in accordance with the department’s rules on Personal Property (Inmate) (OAR 291-117.)

(c) Legal documents and other materials will be destroyed if department staff are unable to identify the inmate to which the materials belong in accordance with the rules on Personal Property (Inmate) (OAR 291-117).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2026, amend filed 04/27/2026, effective 05/01/2026
DOC 3-2026, temporary amend filed 01/26/2026, effective 01/26/2026 through 07/24/2026
DOC 14-2017, minor correction filed 10/23/2017, effective 10/23/2017
DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17

Division 141 LIBRARY SERVICES (AIC)

Or. Admin. R. 291-141-0005 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish uniform guidelines for the operation of general libraries and the provision for general library services in each Department of Corrections facility.

(3) Policy: It is the policy of the Department of Corrections to maintain institution general libraries for the literary enrichment of adults in custody.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 41-1981, f. & ef. 10-30-81
CD 22-1981(Temp), f. & ef. 6-30-81
CD 34-1978, f. & ef. 11-3-78

Or. Admin. R. 291-141-0010 Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(3) General Library: A collection of books and other materials, not including Law Library books or materials.

(4) Library Clerk: An adult in custody assigned to work in a Department of Corrections facility library.

(5) Library Coordinator: A department employee assigned to provide general and law library services to adults in custody in a Department of Corrections facility.

(6) Special Housing: Adult in custody housing assignments other than general population, including but not limited to, disciplinary segregation unit, administrative segregation, intensive management unit, mental health infirmary, behavioral health unit, intermediate care housing, and infirmary.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 41-1981, f. & ef. 10-30-81
CD 22-1981(Temp), f. & ef. 6-30-81
CD 34-1978, f. & ef. 11-3-78

Or. Admin. R. 291-141-0015 Services

(1) Information regarding general library services will be a part of the adult in custody's orientation to the Department of Corrections facility.

(2) Each Department of Corrections facility with a library coordinator shall provide adult in custody library services. Those facilities without a library coordinator shall provide a level and variety of general reading material.

(3) Books and materials acquired from inter‑library loan shall be subject to the procedures governing facility library books and materials unless the lending libraries have specific requirements.

(4) Library Coordinator Duties: The library coordinator or other employee assigned to the general library shall:

(a) Maintain a comprehensive variety of books and materials to reflect the varying interests, reading abilities, languages, and needs of adults in custody and will update the books and materials through donations and planned acquisition.

(b) Acquire books and reading materials that complement the facilities education and treatment programs.

(d) Coordinate and supervise general library services, including assisting adults in custody to obtain information and reference services either from that general library's own collection or from the Oregon State Library according to procedures established by the Oregon State Library for that purpose.

(e) Select, train, and supervise adults in custody as library clerks.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 34-1978, f. & ef. 11-3-78

Or. Admin. R. 291-141-0020 Schedule

(1) At facilities with a general library that allows in-person library book and material check out, a schedule of general library hours will be posted in areas convenient for adult in custody observation and notification.

(2) This schedule will afford adults in custody the opportunity to use the general library in accordance with available space and supervision.

(3) Adults in custody in special housing will be provided general library services in accordance with the department’s rules on Segregation (Disciplinary) (OAR 291-011) and Intensive Management Unit (OAR 291-055).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 34-1978, f. & ef. 11-3-78

Or. Admin. R. 291-141-0035 Returned, Overdue, Lost, and Damaged Library Books and Materials

(1) When transferring to another Department of Corrections facility, adults in custody shall make every effort to leave all general library books and materials at their originating facility. If an adult in custody inadvertently transfers to another correctional facility with any general library book or material, they shall immediately turn the item into the general library at the facility to which they have been transferred.

(2) General Library Books and Materials:

(a) Adults in custody who lose, damage, or fail to return general library books or materials may receive a conduct order for a cell-in. General library books or materials will be considered overdue if not returned within two weeks of due date. After three overdue notices the item will be considered lost, and a conduct order can be issued for the lost or damaged general library books or materials process outlined above. The adult in custody’s conduct history will be used to determine the length of cell-in.

(A) 1st time – Up to 24 Hours

(B) 2nd time – Up to 48 hours

(b) If an adult in custody has already received three conduct orders for losing, damaging, or failing to return a general library book or material, a misconduct report may be written. The offense on the misconduct report will be consistent with the criteria established in 1.06 Property II (Minor).

(3) Damage to or defects in general library books and materials shall be documented on the item before it is re‑issued.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 34-1978, f. & ef. 11-3-78

Or. Admin. R. 291-141-0040 Legal Library Services

Legal library services to adults in custody residing in Department of Corrections facilities will be provided in accordance with the department’s rules on Legal Affairs (AIC) (OAR 291-139).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 34-1978, f. & ef. 11-3-78

Or. Admin. R. 291-141-0045 General

(1) All general library books and materials entering Department of Corrections facilities and made available to adults in custody shall conform to the department’s standards for mail in OAR 291-131.

(2) The following information will be included in the general library services handout at the adult in custody’s orientation to the Department of Corrections facility:

(a) Days and times when the general library is open for use, depending on available space and supervision;

(b) The process for checking out, renewing, and returning books and materials;

(c) The maximum number of five general library books and materials that may be checked out from the general library at any given time; and

(d) The length of time books and materials may be kept before it is considered overdue.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025
CD 2-1995, f. & cert. ef. 1-18-95
CD 49-1986, f. & ef. 11-20-86
CD 60-1985, f. & ef. 8-16-85
CD 34-1978, f. & ef. 11-3-78

Division 143 RELIGIOUS ACTIVITIES (AIC)

Or. Admin. R. 291-143-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To establish department policy and procedures regarding inmate religious exercise and activities, and religious programming in Department of Corrections facilities.

(3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health and order, the department intends to:

(a) Offer inmates the opportunity to exercise their religion and integrate their religious faith into their life experience during their incarceration from intake through release and re-entry into the community;

(b) Provide for the orderly management and supervision of inmate religious activities through the use of chaplains, approved volunteers, and other department staff;

(c) Seek methods to encourage and foster understanding and respect for the diversity of religious beliefs and practices of Department of Corrections inmates, volunteers, and staff; and

(d) Ensure that departmental practices with regard to religious programming are consistent with relevant provisions of the state and federal constitutions, statutes, and regulations.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
CD 19-1992, f. 8-12-92, cert. ef. 8-20-92
CD 2-1987, f. & ef. 1-5-87
CD 20-1985, f. & ef. 8-2-85
CD 47-1981, f. & ef. 10-30-81
CD 19-1981(Temp), f. & ef. 6-30-81
CD 28-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-143-0010 Definitions

(1) Administrator of Religious Services: The Department of Corrections manager assigned responsibility for administering religious programming and services for the Department of Corrections.

(2) Chaplain: A person employed by the Department of Corrections to facilitate and provide religious programming and services to inmates in Department of Corrections facilities.

(3) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for delivery of program services or coordination of program operations.

(5) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post‑prison supervision, or probation status.

(6) Religious Activity: Any rite, ceremony, event, activity, or program that is customarily associated with the practices of a religion that are facilitated or administered by Religious Services including but not limited to corporate gatherings of adherents of a religion.

(7) Religious Representative: A person who is qualified to provide authoritative information to the Department of Corrections regarding their religion. For purposes of this rule, a religious representative must not be an inmate; a person who is on probation, parole, or post-prison supervision; or a person who is otherwise disqualified from acting as a volunteer in a Department of Corrections facility under department rules and policies.

(8) Religious Volunteer: A person who is qualified to direct, lead, or conduct others in the rites, ceremonies, or other practices of a religion who has been approved by the Department of Corrections to assist inmates in requested religious activities in Department of Corrections facilities.

(9) Special Housing: Inmate housing assignments other than general population.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
DOC 6-2007, f. & cert. ef. 8-17-07
Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
DOC 14-2006(Temp), f. & cert. ef. 12-18-06 thru 6-15-07
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
CD 19-1992, f. 8-12-92, cert. ef. 8-20-92
CD 2-1987, f. & ef. 1-5-87
CD 20-1985, f. & ef. 8-2-85
CD 47-1981, f. & ef. 10-30-81
CD 19-1981(Temp), f. & ef. 6-30-81
CD 28-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-143-0070 Chaplains/Religious Volunteers

(1) A chaplain in each Department of Corrections facility is responsible for coordination and facilitation of inmate religious activities.

(2) Chaplains shall attend to the religious requests of each inmate, regardless of the inmate's religious belief or affiliation.

(3) Religious activity leadership roles may include chaplains and approved religious volunteers.

(4) If a chaplain is not qualified to lead a particular religious activity and an approved volunteer is not available, the chaplain or designee, with the assistance of the Religious Services administrator or assistant administrator or others as needed, will:

(a) Seek out and invite a qualified individual from the community to conduct the religious activity as a religious volunteer; or

(b) Work with a religious representative to provide when possible alternative means for the conduct of the requested activity in a manner that is consistent with department rules and facility procedures. Alternative means may include, when determined appropriate by the chaplain, use of a script, liturgy, audio, video, or other available media.

(c) The chaplain will determine whether an approved activity will be accommodated in the context of a group activity or limited to individual practice, based on the availability of staff or volunteer resources.

(5) Inmates shall not be permitted to direct, lead, or conduct other inmates in religious activities. If a chaplain or a qualified religious volunteer approved by the department is unavailable to direct, lead, or conduct an approved religious activity requested by an inmate, an alternative means for the activity is not acquired, the inmate’s request will be denied until such time as a qualified religious volunteer or alternative means of accommodation becomes available.

History

Statutory/Other Authority: 423.020, 423.030, 423.075 & 179.040
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0080 Religious Activities

(1) Inmates should have the opportunity for reasonable access to religious activities which may include but are not limited to the following:

(a) Regular religious services and ceremonies;

(b) Special ceremonies, holiday services, and sacraments;

(d) Inmate religious group meetings; and

(e) Religious moral instruction.

(2) An inmate whose religious expression includes odor or smoke-producing substances (e.g., tobacco, sage, sweet grass, kinnik kinnik, and incense) may be authorized to burn small amounts of these substances as part of an approved religious activity in a manner consistent with facility security, safety, health and, order.

(3) Inmates Assigned to Special Housing: An inmate assigned to special housing may be authorized to participate in an approved religious activity in a manner consistent with facility security, safety, health, and order. An inmate assigned to special housing shall not be permitted to participate in group religious activities with other inmates.

(4) Each Department of Corrections facility will post a current schedule of religious activities available in the facility. The schedule will be posted in designated religious activities areas and other appropriate areas readily accessible to inmates.

(5) Inmate Requests to Participate in Religious Activity:

(a) Religious Activity Currently Available in the Facility: An inmate desiring to participate in a religious activity that is currently available in the facility where he/she is confined may obtain information on the scheduled activity, and how to participate in it, by submitting his/her request to the facility chaplain or designee using an Inmate Communication form (CD214) .

(b) Religious Activity Not Currently Available in the Facility: An inmate desiring to participate in a religious activity not currently available in the facility where he/she is confined may request to do so by submitting a request for religious accommodation as outlined in OAR 291-143-0115.

(6) Annual Religious Event: Inmates, at the discretion of the functional unit manager, may be allowed to invite one guest who is on the inmate’s visiting list to participate in an annual religious event. The number of guests may be increased at the functional unit manager’s discretion based on institution resources and event size.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 15-1997, f. & cert. ef. 9-4-97
Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
CD 3-1997(Temp), f. & cert. ef. 2-12-97
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0090 Religious Activity Areas

(1) Religious Activity Areas: The functional unit manager of each facility shall designate areas of sufficient size and quantity appropriate for the conduct of approved religious activities.

(2) Access to Religious Activity Areas: The use of religious activities areas within the facility will be scheduled by the chaplain or designee. In scheduling designated religious activities areas, the chaplain or designee will seek to accommodate religious beliefs including those that call for particular times and calendar or lunar dates.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0100 Provisions of Religious Items for Conduct of Religious Activities

Items required for the conduct of a religious activity may be supplied by the Department of Corrections or donated by a religious representative, religious volunteer, or other approved source at the discretion of the department. Items must be approved by the chaplain, may require security review, and are subject to search. Items not approved will be considered contraband and subject to confiscation.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0110 Inmate Religious Items

(1) An inmate may be authorized to express his/her religious customs and beliefs in appropriate ways, consistent with facility security, safety, health and order, through the use of approved religious items:

(a) While participating in individual and group religious activities; and

(b) While wearing or carrying a religious emblem, medal, medallion, pendant, or other religious item.

(2) Authorization for approved religious items may be restricted based on the inmate’s housing assignment.

(3) An inmate assigned to special housing, except Administrative Segregation and Death Row, may possess an approved religious emblem, medallion, or other religious item in his/her cell, but without a chain, thong, or other apparatus worn around the neck.

(4) Religious Items:

(a) Approved religious emblems, medallions, symbols, pendants, or other items authorized for inmates to possess in a Department of Corrections facility must generally be purchased from an approved vendor using the Package Authorization form (CD948).

(b) Specific approved religious items may be provided by a religious representative or religious volunteer with approval of the facility chaplain or designee and the institution security manager or designee.

(5) An inmate may request a religious item not currently approved by submitting a request for religious accommodation as outlined in OAR 291-143-0115.

(6) Inmates may obtain religious reading and study materials including correspondence courses through the mail in accordance with the rules on Mail (Inmate)(OAR 291-131).

(7) Department of Correction’s staff will treat all inmate religious property items with respect and will not destroy inmate religious property items without first consulting with the chaplain.

(8) As space allows, reasonable, accessible, secure, and separate storage space for group religious objects or symbols will be maintained or provided upon request.

History

Statutory/Other Authority: 179.040, 423.023, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0112 Religious Dietary Accommodations

(1) The department will satisfy the special religious dietary needs of inmates within the context of the Food Services cyclical menu.

(2) Requests for inmate religious dietary needs that cannot be satisfied within the context of the Food Services cyclical menu will be considered.

(a) Inmate requests for special religious diets must be rooted in religious exercise.

(b) The inmate must sign a religious diet participation agreement committing to adhere to the diet requested. Violation of the agreement may result in a re-examination of the inmate’s commitment to the religious tradition in which the diet is observed. An inmate may submit a request for religious accommodation as outlined in OAR 291-143-0115.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, adopt filed 11/01/2017, effective 11/01/2017

Or. Admin. R. 291-143-0115 Request for Religious Accommodation

(1) An inmate may make a request for religious accommodation for the following:

(a) A religious activity not currently available at the facility where the inmate is housed;

(b) A religious item not currently approved by the department; or

(2) The inmate shall submit the request for religious accommodation by writing to the facility chaplain or designee. The inmate shall clearly state the religious activity, religious item, or special religious diet requested.

(3) The chaplain or designee will review the request to determine if it is covered by established rule or operational practice and respond to the inmate accordingly.

(4) If the religious activity, religious item, or special religious diet is not covered by rule or operational practice, the chaplain or designee will have the inmate fill out a Religious Accommodation Request form (CD1571). The inmate must complete the form in the presence of the chaplain or designee.

(5) The chaplain or designee may conduct an interview with the inmate to gain a better understanding of the inmate’s specific request and to clarify the inmate’s written responses.

(6) The chaplain or designee will evaluate the request, and send written comments, together with the Religious Accommodation Request form and any necessary documents, to the Religious Services administrator.

(7) The Religious Services administrator shall review the documents, and either approve or deny the inmate’s request. The facility chaplain or designee and the inmate will be informed once a decision has been made.

(8) Religious Diet Program: If the inmate’s request for a special religious diet is approved, the following additional steps will be taken:

(a) The chaplain or designee will have the inmate read the diet participation agreement.

(b) The inmate must sign the participation agreement, indicating the inmate’s agreement to abide by the conditions of program participation. The chaplain or designee shall also sign the agreement. A copy of the signed participation agreement will be sent to the institution Food Services manager, Religious Services administration, the inmate’s file, and the inmate.

(A) An inmate may voluntarily terminate his/her participation in the diet program by submitting a written request to the facility chaplain or designee. The facility chaplain or designee will terminate the inmate from the religious diet program.

(B) An inmate who has voluntarily terminated from participation in the diet program, may request reinstatement to the program no sooner than 60 days following the date of termination by writing to the facility chaplain or designee. The facility chaplain or designee will reinstate the inmate to the religious diet program.

(d) Suspension/Termination:

(A) An inmate who violates the conditions of the participation agreement may be suspended temporarily from the program. After the suspension, the inmate will meet with the facility chaplain or designee.

(B) An inmate who has been temporarily suspended from the diet program, may request reinstatement to the program by submitting a written request to the facility chaplain or designee.

(C) An inmate who violations the conditions of the participation agreement after reinstatement from a suspension, may be permanently terminated from participation in the diet program, subject only to the decision of the Religious Services Administrator upon administrative review.

(e) Administrative Review:

(A) An inmate who has been permanently terminated from participation in the diet program, may request an independent review of the termination by writing to the Religious Services Administrator within 15 days of the date of termination from the program. The review request should specify the reason(s) why the inmate should be reinstated to the program.

(B) Upon review, the Religious Services Administrator may determine, in his/her sole discretion, to reinstate the inmate or to order the inmate’s permanent termination from the program. The Religious Services Administrator should l notify the inmate in writing of his/her decision within 60 days. The Religious Services Administrator’s decision is final and not subject to further review.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, adopt filed 11/01/2017, effective 11/01/2017

Or. Admin. R. 291-143-0120 Searches of Religious Activity Areas/Religious Items

(1) All designated religious activity areas and religious items shall be subject to search conducted in accordance with the department's rule on Searches (Institutions)(OAR 291-041).

(2) Staff shall conduct searches in a manner that reflects an awareness of and sensitivity to individual religious beliefs, practices, and respect for the objects or symbols used in the religious practice.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0125 Religious Grooming Requirements

Inmates may comply with religious practices relating to head or facial hair if the observance remains consistent with the department's rules on Hygiene and Grooming (OAR 291-123).

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, adopt filed 11/01/2017, effective 11/01/2017

Or. Admin. R. 291-143-0130 Restriction of Religious Activity/Items

An inmate's participation in approved religious activities and possession of approved religious items may be restricted by the Department of Corrections when deemed necessary to maintain facility security, safety, health and order, or to further inmate rehabilitation or other penological interest, consistent with applicable legal standards.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
DOC 6-2007, f. & cert. ef. 8-17-07
Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
DOC 14-2006(Temp), f. & cert. ef. 12-18-06 thru 6-15-07
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Or. Admin. R. 291-143-0140 Religious Exercise Dispute Resolution

If an inmate has a dispute regarding the denial of a request for a religious practice or property items, he/she may use the inmate grievance system as described in the rules on Inmate Grievance Review System (OAR 291-109).

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 423.030, 423.075, 179.040 & 423.020
DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017
DOC 6-2007, f. & cert. ef. 8-17-07
Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
DOC 14-2006(Temp), f. & cert. ef. 12-18-06 thru 6-15-07
CD 17-1995, f. 8-30-95, cert. ef. 9-11-95

Division 145 GROUP ACTIVITIES (AIC)

Or. Admin. R. 291-145-0005 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections (DOC) guidelines for authorizing adults in custody (AIC) access to and participation in AIC group activities within a DOC facility, and appropriate supervision and management practices to ensure fiscal accountability and safeguard DOC resources.

(3) Policy:

(a) It is the policy of the DOC to allow AIC access to and participation in AIC group activities within DOC facilities to further rehabilitative objectives. No person shall be denied the opportunity to have access to and participate in AIC group activities on the basis of race, color, religion, gender identity, marital status, national origin, age, physical or mental disability or any other protected class.

(b) Inherent limitations of resources and the need for facility security, safety, health, and good order shall take priority when considering the facilitation of AIC group activities.

(c) When authorized by the department, AIC access to and participation in AIC group activities is permitted neither as a matter of right nor as a privilege of the AIC; rather, AIC access to and participation in AIC group activities may be authorized when in the judgment of the department it furthers the AIC’s programming and rehabilitation, the department’s correctional goals and mission, and is consistent with the safe, secure, and orderly management and operation of DOC facilities.

(d) Approval for AIC access to and participation in authorized group religious activities shall be in accordance with the department’s rules on Religious Activities (OAR 291-143).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2023, amend filed 10/03/2023, effective 10/03/2023
CD 23-1992, f. 11-16-92, cert. ef. 12-1-92
CD 10-1988, f. & cert. ef. 5-26-88
CD 61-1985, f. & ef. 8-16-85
CD 23-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-145-0010 Definitions

(1) Functional Unit Manager (FUM): Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an Administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(2) Group: An approved AIC organization with common social, cultural, or educational goals. Types of groups include:

(a) Club: An approved AIC group with a constitution and elected club representatives that represents a segment of the AIC population.

(b) Special Interest Group: An approved AIC group that does not meet the standards of a club.

(3) Group Activity: Any group meeting, social event, banquet, or function.

(4) Member in Good Standing: An AIC who has been a member of the group for at least two months, is at non-cash incentive (NCI) level 2 or higher, as outlined in the department’s rule on Performance Recognition and Award System (OAR 291-077) and has attended at least 50 percent of the available meetings since becoming a member.

(5) Property: A thing, or things, belonging to an entity.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2023, amend filed 10/03/2023, effective 10/03/2023
CD 23-1992, f. 11-16-92, cert. ef. 12-1-92
CD 10-1988, f. & cert. ef. 5-26-88
CD 61-1985, f. & ef. 8-16-85
CD 23-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-145-0015 Recognition and Control

(1) All AIC group activities will be under the administrative control and responsibility of Department of Corrections staff. The FUM or designee must approve all groups and activities of groups.

(2) Before any group activity is approved, the sponsoring group or person must submit a brief written statement to the FUM or designee describing the proposed activity. All proposed group activities must outline the objectives, the planned number of AICs involved, frequency and time of the activity, needed equipment, space and furnishing requirements, funding requirements, qualifications for participation, anticipated special events, and publications related to the proposed activity.

(3) Any group designated as a club must meet the following criteria:

(a) Promotes the facility’s interest in safety and security; and

(b) If interaction with the public is approved, follows the purpose of the club.

(4) All clubs must have a constitution that is approved annually by the FUM or designee, and follow a format that includes, but is not limited to:

(a) Name;

(b) Community affiliation (if any);

(d) Membership qualifications: AICs will not be denied permission to participate on the basis of race, color, religion, gender identity, marital status, national origin, age, physical or mental disability, or any other protected class;

(e) Government structure: A minimum of three positions should be elected: President, Vice President, Secretary, Treasurer, or Sergeant at Arms;

(f) Club representatives duties;

(g) Elections: All AICs elected as club representatives must be a member in good standing with a NCI Level 3 or higher, and have the approval of the FUM or designee. All elections will be held by secret ballot. Designated facilitating staff will be present during all elections and supervise the counting of all ballots;

(h) Committee;

(i) Rules and regulations; and

(j) Proposed constitutional amendments: All constitutional changes shall be made by the club’s representatives and voted upon by the general body. The FUM will have final approval on all requested constitutional amendments.

(5) Any group designated as a special interest group must meet the following criteria:

(a) Have written approval from FUM to organize; and

(b) Not exceed available facilities and staff constraints.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2023, amend filed 10/03/2023, effective 10/03/2023
CD 23-1992, f. 11-16-92, cert. ef. 12-1-92
CD 10-1988, f. & cert. ef. 5-26-88
CD 61-1985, f. & ef. 8-16-85
CD 23-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-145-0020 Membership, Meetings, and Events

(1) A waiting list may be maintained for groups with limited membership.

(2) AICs nominated to be club representatives must have approval of the FUM or designee. An AIC will not be a club representative of more than one group. AICs will not be permitted to be a member of more than four groups at a time.

(3) Club representative elections will be conducted by secret ballot. The designated facilitating staff will be present during all elections and will supervise the counting of all ballots.

(4) AIC groups may be permitted by the FUM or designee to use monitored telephone for approved group business. These calls will be monitored by assigned staff.

(5) A schedule for group meetings will be adopted by designated facilitating staff and made available to the AIC population.

(6) The FUM or designee may limit what property may be used for a group meeting or brought by AICs to group meetings to property which is necessary and appropriate for the meeting.

(7) Attendance records will be maintained for all group meetings by designated facilitating staff. Failure to attend general meetings may result in loss of membership.

(8) All group events must be approved by the FUM or designee.

(a) The FUM or designee may deny, revoke, or suspend individual or group activities for AIC conduct that is disruptive.

(b) Group activities must follow an agenda approved by designated facilitating staff.

(9) AICs with insufficient funds will not be allowed to take part in a group activity that has a cost associated with participation.

(10) Frequency of events and activities

(a) Banquets:

(A) Groups may be allowed to hold annual banquets. Annual banquets must follow the standard approval process of any group activity.

(B) An AIC who participates in a banquet must be a member in good standing. Each AIC may invite up to one visitor per event with the approval of the FUM or designee.

(C) Food items for banquets must be obtained through the functional unit’s Food Service section unless otherwise approved by the FUM or designee.

(b) Fundraisers:

(A) With the approval of the FUM, clubs may facilitate a limited number of fundraising events each year. The FUM shall decide how many fundraisers a club may hold each year, not to exceed four fundraising events.

(B) Fundraising events must have a purpose approved by the FUM or designee. The purpose must align with a club’s stated purpose within the club constitution. If the fundraiser is approved, the purpose of the fundraiser will be advertised to the AIC population so that the intent is clear to those choosing to participate.

(C) If the purpose of a fundraiser is to make a monetary donation, then all revenue generated, minus event expenses, must be donated.

(D) If the purpose of a fundraiser is to generate money for a club’s future use, the FUM or designee shall consider if the club already has sufficient funds before approving the fundraiser request.

(E) The FUM or designee may deny a club fundraiser but still allow the club to hold the event as an at-cost event.

(F) Food items for fundraising events must be obtained through the functional unit’s Food Service section unless otherwise approved by the FUM or designee.

(A) With the approval of the FUM, clubs and special interest groups may facilitate a limited number of at-cost events each year. A club may not hold an at-cost event in the same month in which the club also holds a banquet or a fundraiser. The FUM shall decide how many at-cost events groups may hold each year, not to exceed one at-cost event each month per club or special interest group.

(B) Clubs and special interest groups should plan at-cost events so that money collected for the event is equal to or less than the cost of the event. The FUM or designee will review at-cost event plans to ensure the money collected will be equal to or less than the cost of the event and that funds will be available to cover the cost of the event. If money collected for a club at-cost event is less than cost of the event, the club is responsible to provide money to cover the remaining cost.

(C) All food items for at-cost events must be obtained through the functional unit’s Food Service section unless otherwise approved by the FUM or designee.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2023, amend filed 10/03/2023, effective 10/03/2023
CD 23-1992, f. 11-16-92, cert. ef. 12-1-92
CD 10-1988, f. & cert. ef. 5-26-88
CD 61-1985, f. & ef. 8-16-85
CD 23-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-145-0025 Volunteers and Guests

(1) Persons working with groups may be given volunteer status in accordance with the department’s rule on Volunteers/Student Interns (OAR 291-015).

(2) All guests at group activities must be approved in advance by the FUM or designee for each activity and supervised at all times.

(3) A person’s relationship status to any DOC AICs must be disclosed if seeking to be a guest at a group activity. Relatives of AICs and those on an AIC’s visitation list may not attend group activities as a guest unless approved by the FUM or designee. Refer to the department’s rules on Visiting (OAR 291-127) for additional direction.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2023, amend filed 10/03/2023, effective 10/03/2023
CD 23-1992, f. 11-16-92, cert. ef. 12-1-92
CD 10-1988, f. & cert. ef. 5-26-88
CD 61-1985, f. & ef. 8-16-85
CD 23-1978, f. 9-13-78, ef. 9-15-78

Or. Admin. R. 291-145-0045 Group Assets

(1) Money:

(a) Money generated on behalf of a club is held in trust by DOC for the benefit of a club to further their purpose, including money generated through fundraising events. At the request of the club, the FUM or designee may request a club trust account to receive contributions and make expenditures. All club trust accounts are created and approved by Central Trust. Management of the club trust account must be in accordance with the department’s rule on Trust Accounts (AIC) (OAR 291-158).

(A) Revenue may not be generated, and expenditures may not be made unless the club has an established trust account.

(B) DOC is responsible to provide oversight to ensure there are sufficient funds held in trust to cover club expenditures and that club expenditures are in alignment with the club purpose. Staff will not allow funds held in trust to be overspent.

(i) Clubs are responsible for managing the club trust account and making decisions on expenditures. Clubs are not allowed to run in a deficit.

(ii) Clubs may choose to donate from their club trust account to any entity with approval of the FUM or designee.

(iii) If the club is terminated, unobligated funds will be transferred to the institution's AIC Activities cost center.

(b) Special interest groups may not own money nor should DOC fundraise or generate revenue on their behalf. Any donations received on behalf of a special interest group is owned by DOC and will be recorded as revenue in an appropriate DOC Other Fund cost center. Donations received for a special interest group will be tracked and designated for the benefit of the special interest group.

(A) If a special interest group is disbanded, designated funds may be used for the benefit of other special interest groups with the approval of the FUM or designee.

(B) If a special interest group has not been disbanded, any exception to using donated funds other than for the benefit of the special interest group, must be approved by the Chief Financial Officer or designee.

(2) Property:

(a) Clubs may not own durable goods. All durable goods used and managed (e.g., books, banners, regalia, trophies, etc.) by a club must be approved by the FUM or designee. An exception to this is with approval from the FUM or designee, a club may acquire and temporarily own durable goods that will be donated, sold, or distributed to an entity other than DOC.

(b) With the approval of the FUM or designee, clubs may own other property not classified as a durable good including food for events and raw materials used to make items such as crafts that will be donated, sold, or distributed to an entity other than DOC.

(c) Special interest groups may not own durable goods or other property. Durable goods and other property used by a special interest group must be approved by the FUM or designee.

(3) Donations

(a) Clubs:

(A) Clubs are the only AIC group that may make monetary donations.

(B) The FUM and the Financial Services Administrator or their designee(s) must approve all club monetary donations whether the club is the donor or the recipient.

(C) Clubs may not accept grants. DOC may accept a grant with approval from the FUM and the Financial Services Administrator.

(D) Non-monetary donations may not be received by a club unless an exception is provided by the FUM and the Financial Services Administrator or their designee(s).

(E) Clubs may not donate durable goods or other property to DOC.

(F) Clubs may donate money to DOC for specific purposes.

(b) Special Interest Groups:

(A) Special interest groups may not accept donations. DOC may accept donations for a specified purpose, to include grants, on behalf of a special interest group with the approval of the FUM and the Financial Services Administrator or their designee(s).

(B) Special interest groups may not make donations.

(c) Miscellaneous: AICs may donate collectively from their individual trust account with the approval from the FUM or designee in accordance with the department’s rule on Trust Accounts (AIC) (OAR 291-158).

History

Statutory/Other Authority: ORS 179.040, 179.105, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2023, amend filed 12/06/2023, effective 12/06/2023
DOC 14-2023, adopt filed 10/03/2023, effective 10/03/2023

Or. Admin. R. 291-145-0050 Legal Entity Status

(1) Groups shall not be permitted to apply for non-profit status or any other incorporation status.

(2) Groups shall not be allowed to enter into contractual agreements or relationships.

(3) Groups shall not act in a manner that portrays themselves as representatives or agents of DOC.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 14-2023, adopt filed 10/03/2023, effective 10/03/2023

Division 149 WORK RELEASE PROGRAMS

Or. Admin. R. 291-149-0100 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040,ORS 421.170, ORS 423.020, ORS 423.030, ORS 423.075, OR Const., Article I, Section 42, and 1997 OR Laws, Chapters 313, 851 & 852.

(2) Purpose: To provide policy and procedures relating to the establishment, operation and administration of Department of Corrections work release programs.

(3) Policy:

(a) It is the policy of the Department of Corrections to establish and administer work release programs in which inmates are released from confinement in a Department of Corrections facility or are authorized to leave other assigned quarters for the purposes authorized in ORS 144.410 et seq.

(b) No inmate will be assigned to participate in work release activities outside the State of Oregon.

History

Statutory/Other Authority: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0110 Definitions

(1) Designated Outside Agency: A custody agency, other than the Oregon Department of Corrections, that houses inmates who are still under the legal supervision of the Oregon Department of Corrections, including an Oregon county.

(2) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(3) Program Staff: Any Department of Corrections, Oregon Corrections Enterprises, or County employee, contractor (and contractor's employees/staff), or volunteer who works with inmates in a Department approved program which includes work release.

(4) Work Release Approval Authority: A Department of Corrections employee designated by the Director to approve and assign inmates to work release programs.

(5) Work Release Program: A program in which an inmate may be released from confinement in a Department of Corrections facility or authorized to leave other assigned quarters for the purpose of:

(a) Participating in an inmate work program approved by the Director of the Department of Corrections, including work with public or private agencies or persons, with or without compensation,

(b) Obtaining additional education, including but not limited to vocational, technical and general education;

(d) Participating in mental health programs; or

(e) Specific treatment to develop independent living skills.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0120 Work Release Program Approval

(1) The Assistant Director of Correctional Services or designee will recommend for approval to the Director those Department programs which shall be designated to include work release as a program component.

(2) In making the recommendation, the Assistant Director of Correctional Services will review work release proposals. Each proposal shall contain:

(a) The purpose and goals of the program which are consistent with inmate participation in work release assignments;

(b) The specific activities permitted under this rule which will be part of that program's work release component;

(c) An outline of the general program requirements and time frame prerequisite to an inmate being considered for specific work release activities;

(d) A plan for sufficient program staff resources to supervise specific work release program activities;

(e) A description of training for program staff, appropriate to manage inmates assigned to work release;

(f) A description of resources sufficient to maintain a work release program consistent with the Department's mission; and

(g) A plan for communication with local law enforcement and community corrections.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 423.030, 423.075 & 1997 OL, Ch. 313, 851, 852, ORS 144.260, 144.410-525, 179.040, 421.440 & 423.020
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0130 Inmate Eligibility

(1) The Department will identify inmates who are eligible to be considered for participation in a work release program. To be eligible to participate in a program an inmate must:

(a) Be serving a sentence that does not disqualify the inmate from participation in a work release program;

(b) Be classified as minimum custody under the Department's rules on Classification (Inmate), OAR 291-104; and

(c) Meet criteria for ‘Unfenced’ work assignment pursuant to the Assessment, Assignment, and Supervision of Inmates for Work Assignments and Unfenced Minimum Housing (WHALE) rules, OAR 291-082-0110(4).

(2) If the work release program is for the purpose of participating in an inmate work program, the inmate must be within 18 months of their release date.

(3) If the work release program is for the purposes of alcohol and drug treatment; education, including but not limited to vocational, technical and general education; mental health programs; or specific treatment to develop independent living skills, the time period prior to the inmate’s release date may vary and will be determined at the time approval is granted for participation in a specific work release program.

(4) If otherwise eligible, an inmate serving a sentence for a crime committed on or after December 5, 1996, may be considered for participation in a work release program only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(5) An inmate will not be considered for participation in a work release program if the inmate:

(a) Is serving a sentence pursuant to:

(A) ORS 137.635;

(B) ORS 137.700 or ORS 137.707 (Ballot Measure 11) (until the minimum term has been served);

(D) ORS 163.105 (Aggravated Murder);

(E) ORS 163.115 (Murder) (until minimum term has been served); or

(F) ORS 161.725 – ORS 161.737 (Dangerous Offender), even if the Board of Parole and Post-Prison Supervision has set a parole or post-prison supervision release date.

(b) Has a current detainer or other charge that could result in incarceration if released from confinement.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0135 Approval Process

(1) The work release approval authority, in its sole discretion, may approve or deny assignment and participation of eligible inmates in a Department-approved work release program based on its determination that the inmate’s participation in a program is consistent with the safety of the community, the welfare of the inmate, the program objectives and the rules of the Department.

(2) Inmates Meeting criteria for “Community” Work Assignments:

(a) In addition to receiving approval from the work release approval authority for assignment and participation in a work release program, inmates meeting the criteria for ‘Community’ work assignment pursuant to OAR 291-082-0110(3) must also receive approval from either the Assistant Director of Correctional Services or designee, or from the Assistant Director of Operations or designee, as described below:

(A) Approval of the Assistant Director of Correctional Services or designee is required for placement of an inmate in a work release program for the purposes of alcohol and drug treatment; education, including but not limited to vocational, technical and general education; mental health programs; or specific treatment to develop independent living skills.

(B) Approval of the Assistant Director of Operations or designee is required for placement of an inmate in a work release program for the purpose of participating in an inmate work program.

(3) The work release approval authority may specify conditions for the inmate's assignment and participation in a work release program.

(4) Inmates approved for assignment and participation in a Department-approved work release program will be notified in writing of the approval, and of any conditions of participation specified by the work release approval authority.

History

Statutory/Other Authority: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851, 852
Statutes/Other Implemented: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851, 852
DOC 9-2019, adopt filed 06/17/2019, effective 06/17/2019

Or. Admin. R. 291-149-0140 Release Notification

Pursuant to ORS 144.260, the work release approval authority shall ensure that the proper authorities and persons are notified of an inmate's pending release to participate in a work release program.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0150 Inmate Status

(1) Inmates participating in a Department-approved work release program shall comply with all Department of Corrections administrative rules, or designated outside agency rules and policies as applicable, and with any special conditions of participation or standards of conduct established by the work release approval authority, program staff or housing facility.

(2) Inmates participating in a work release program retain their legal status as an inmate and are subject to all applicable laws and Department of Corrections administrative rules pertaining to inmates.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0160 Performance Awards

Inmates participating in a Department of Corrections work release program may be considered at the discretion of the Department for monetary awards and non-monetary incentives in accordance with the Department of Corrections rules on Performance Recognition and Award System (Inmate), OAR 291-077.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0180 Escort/Transport

(1) The work release approval authority may require that inmates participating in a work release program be escorted to and from specific activities by program staff. The mode of transportation must be approved in advance by the work release approval authority.

(2) Except as otherwise directed by the work release approval authority or program staff, an inmate assigned to participate in a work release program may be authorized to leave his/her place of confinement without escort if:

(a) The inmate has secured authorization to participate in an inmate work program in the community approved by the Department or has enrolled in an education or treatment program approved by the Department; and

(b) Program staff have verified all aspects of the work release assignment, including, where applicable, the terms and conditions of assignment and participation in the work release program contained in the Department/employer written agreement.

(3) An inmate authorized to participate in a department-approved work release program may be required to pay additional costs associated with that program, including but not limited to tuition, exams, clothes, tools, transportation or other costs necessary to secure and maintain placement in that work release assignment.

History

Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0200 Suspension or Termination from a Work Release Program

(1) Temporary Removal from Work Release Assignment: The work release approval authority or designee, program staff, or other designated Department of Corrections staff may, in their sole discretion, temporarily remove an inmate from his/her work release assignment, which may include returning the inmate to secure custody, at any time without a hearing.

(2) Suspension from Work Release Assignment: The work release approval authority or designee may, in the authority’s or designee’s sole discretion, suspend an inmate from his/her work release assignment, if the authority or designee believes that:

(a) The inmate has violated any law, Department of Corrections administrative rule, or any specific condition of program participation prescribed by the Department or designated outside agency applicable to the inmate;

(b) The inmate's continued participation in the work release program poses a threat to staff, other inmates, or to the general public; or

(c) The inmate's continued participation in the work release program is otherwise not in the best interest of the inmate or of the community.

(3) Program Continuation/Sanctions: The work release approval authority or designee may continue an inmate in a work release assignment with program sanctions if:

(a) Program staff determine that the inmate’s conduct/violation may appropriately be addressed with the inmate in the work release assignment with program sanctions; and

(b) The inmate admits to the conduct/violation that gave rise to the suspension, and consents to sanction(s).

(4) Disciplinary Sanctions: If a misconduct report is submitted, a hearing shall be conducted in accordance with the department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). An inmate found in violation of a rule of prohibited conduct while on work release, may be subject to suspension or termination from the work release program and may be subject to other sanctions in accordance with OAR 291-105.

(5) Status Changes: An inmate participating in a work release program whose status has changed in a manner that results in the inmate being ineligible to continue participating in the work release program may be immediately terminated from the program.

(6) Unauthorized Absences:

(a) An inmate participating in a work release program who is determined to be absent without documented permission from authorized work in the community, education or treatment, or a designated housing facility, will be immediately terminated from the work release program.

(b) An unauthorized absence constitutes an escape from a correctional facility under ORS 162.155, and shall be reported as an escape.

(7) Termination:

(a) If an inmate is suspended from a work release program, the work release approval authority or designee may either terminate or reinstate the inmate to a work release program assignment after reviewing the circumstances surrounding the inmate's suspension and any recommendation by program staff. Affected inmates will be notified in writing of the work release approval authority’s decision. If the decision is made to terminate the inmate from the work release program, the notice of termination will contain a statement of the reason(s) for the decision.

(b) Termination from a work release program will be considered program non-compliance and will result in a program failure and a loss of Earned Time Credits (ETC), applied to the review period in which the termination occurred, unless termination was for administrative reasons unrelated to the inmate’s conduct or participation in the work release program assignment.

History

Statutory/Other Authority: ORS 144.410 - 144.525, 179.040, ORS 144.260, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
Statutes/Other Implemented: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0205 Administrative Review

(1) An inmate who is terminated from a work release program may obtain review of his/her termination by requesting an administrative review in writing to:

(a) The Assistant Director for Correctional Services or designee, if participating in a work release program for the purpose of education or treatment or if participating in a work release program from a designated outside agency, or

(b) The Assistant Director for Operations or designee, if participating in an inmate work program as a work release program from a Department of Corrections facility.

(2) The request for administrative review must contain a statement by the inmate specifying the reason(s) for reinstatement along with any supporting documentation.

(3) The request for administrative review along with supporting documentation must be received by the Assistant Director within 20 business days of the date of the Notice of Work Release Removal form (CD 1700).

(4) The Assistant Director will conduct the administrative review within 20 business days after receiving the request.

(5) The Assistant Director or designee may, in their sole discretion, either affirm the work release approval authority’s decision, or reinstate the inmate to the work release program if there is enough time to complete the program, and may prescribe specific conditions of participation deemed appropriate to seek to ensure the inmate’s compliance with the general procedures and objectives of the work release program. If the program is conducted in a designated outside agency, reinstatement will require agreement from the designated outside agency. The Assistant Director or designee’s decision on administrative review is final.

History

Statutory/Other Authority: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 Ol, Ch. 313, 851, 852
Statutes/Other Implemented: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 Ol, Ch. 313, 851, 852
DOC 9-2019, adopt filed 06/17/2019, effective 06/17/2019

Or. Admin. R. 291-149-0210 Security Precautions for Work Release Program Staff

Program staff acting as escorts for inmates going to or returning from work release activities in the community must receive Department of Corrections or designated outside agency training on basic security and escort practices.

History

Statutory/Other Authority: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313
Statutes/Other Implemented: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Or. Admin. R. 291-149-0220 Written Agreements with Public and Private Agencies/Persons

(1) No inmate will participate in a work release program without a written agreement between the Department of Corrections or designated outside agency and the public or private agency or person with whom the inmate has secured authorized work or programming. The agreement will set forth any terms or conditions of the inmate's assignment and participation required by the Department or designated outside agency.

(2) A work release program may include inmates assigned to work under the supervision of public or private agencies or persons pursuant to a written inmate work program agreement with the Department of Corrections or designated outside agency.

History

Statutory/Other Authority: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313
Statutes/Other Implemented: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313
DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019
DOC 18-1998, f. & cert. ef. 8-6-98
DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98

Division 153 ACCESS TO BOARD OF PAROLE AND POST-PRISON SUPERVISION HEARINGS

Or. Admin. R. 291-153-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.123, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose:

(a) The purpose of these rules is to establish policies and procedures governing access to Board of Parole and Post-Prison Supervision hearings held within Department of Corrections facilities.

(b) A person’s physical access to a Department of Corrections facility is subject to the Department of Corrections rules on Facility Access (OAR 291-016), Visiting (Inmate) (OAR 291-127), and may be prohibited or restricted by the functional unit manager or designee of the facility in which the hearing is being conducted when deemed necessary or advisable to maintain the health, safety and security of staff, inmates, or the public, or to maintain the safe, secure, and orderly operation and management of the facility.

History

Statutory/Other Authority: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
DOC 8-2013, f. & cert. ef. 8-29-13
DOC 14-2004, f. & cert. ef. 11-2-04
DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04
CD 12-1993, f. 4-21-93, cert. ef. 5-1-93
CD 9-1990, f. & cert. ef. 5-29-90

Or. Admin. R. 291-153-0020 Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing

(1) Inmates are permitted to have a person accompany them in hearings before the Board of Parole and Post-Prison Supervision in accordance with ORS 144.123. This rule establishes jointly with the Board of Parole and Post-Prison Supervision policies and procedures governing who may accompany an inmate before the Board.

(2) When appearing before the Board of Parole and Post-Prison Supervision in a hearing, an inmate may be accompanied at the Department of Corrections facility in which the inmate is confined, subject to the prior approval of the facility functional unit manager or designee, by:

(a) A person who has been approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127);

(b) An assigned inmate legal assistant, selected in accordance with the Department of Corrections rule on Legal Affairs (Inmate) (OAR 291-139) from the Department of Corrections facility where the inmate is confined; or

(3)(a) In addition to those persons specified in subsection (2) of this rule, the inmate may be accompanied at the hearing via telephone or videoconference by such other person or persons, other than another inmate, as the Board of Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement.

(b) The inmate may select one person to speak on his/her behalf. The statement shall not exceed 15 minutes. The presiding Board member may grant the support person additional time upon finding that further testimony is likely to be relevant to the Board’s decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence.

(4) The Department of Corrections, if requested by the inmate or the Board, will assign an approved inmate legal assistant from the Department of Corrections facility where the inmate is confined to accompany an inmate at a Board hearing. The selection of the inmate legal assistant shall be governed by the policies and rules of the Department of Corrections.

History

Statutory/Other Authority: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
DOC 8-2013, f. & cert. ef. 8-29-13
DOC 14-2004, f. & cert. ef. 11-2-04
DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04

Or. Admin. R. 291-153-0025 Attendance at a Board of Parole and Post-Prison Supervision Hearing

(1) A person who may attend a Board of Parole and Post-Prison Supervision hearing in person at a Department of Corrections facility is subject to the approval of the functional unit manager or designee of the facility in which the hearing is being conducted.

(2) A person who attends a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility is subject to the rules of conduct and the terms and conditions set forth in the department’s rules on Facility Access (OAR 291-016) and Visiting (Inmate)(OAR 291-127).

(3) Who May Attend/Appear at a Board Hearing:

(a) The inmate and inmate accompaniment as specified in OAR 291-153-0020;

(b) Victim or his/her representative;

(d) Public: Members of the public may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings;

(e) Media Representatives: Approved media representatives may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings;

(f) Department of Corrections Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers, and contractors may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings except as requested or approved by the Board in order to provide testimony in the hearing; and

(g) Other persons as identified by the Board.

History

Statutory/Other Authority: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075
DOC 8-2013, f. & cert. ef. 8-29-13

Division 156 WELFARE FUND (AIC)

Or. Admin. R. 291-156-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 179.510 through 179.530, 421.068, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish general Department of Corrections policy and procedures governing deposits to and expenditures from the Adult in Custody Welfare Fund account established pursuant to ORS 421.068.

(3) Policy: It is the policy of the Department of Corrections (DOC) to deposit revenues, less operating expenses, from sources described in ORS 421.608 into an account for uses benefiting the general population of adults in custody (AIC), enhancing activities and programs including education programs, and providing for offender reentry programs and support. This dedicated account shall be known as the Adult in Custody Welfare Fund. Subject to legislative and executive department authorization through the normal budgeting and appropriation process, funds from the Adult in Custody Welfare Fund account will be allocated to DOC facilities for a variety of programs, services, and activities benefiting the general AIC population and enhancing AIC activities and programs, including capital construction and improvement projects in support of such programs, services, and activities.

History

Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.510-179.530, 421.068, 423.020, 423.030 & 423.075
DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023
CD 4-1994, f. 2-17-94, cert. ef. 3-1-94
CD 19-1990, f. & cert. ef. 9-28-90

Or. Admin. R. 291-156-0010 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the DOC who is not on parole, post-prison supervision, or probation status.

(2) Adult in Custody Welfare Fund: An account established under ORS 421.068 for uses benefiting the general AIC population, enhancing activities and programs including education programs, and providing for offender reentry programs and support.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Donated Funds: Monies received by the department for the express purpose of benefiting the general AIC population and enhancing AIC activities and programs, including education programs.

History

Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023
CD 4-1994, f. 2-17-94, cert. ef. 3-1-94
CD 19-1990, f. & cert. ef. 9-28-90

Or. Admin. R. 291-156-0015 Adult in Custody Welfare Fund Sources

DOC revenue, less operating expenses, from the following sources shall be deposited into the Adult in Custody Welfare Fund account:

(1) Operation of DOC canteens;

(2) Operation of the vending machines in the visiting area of correctional facilities;

(3) Operation of telephones for AICs in correctional facilities;

(4) Funds confiscated from AICs under existing disciplinary procedures;

(5) Donated funds as defined in these rules.

History

Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023
CD 4-1994, f. 2-17-94, cert. ef. 3-1-94
CD 19-1990, f. & cert. ef. 9-28-90

Or. Admin. R. 291-156-0020 Specific Uses of Funds

The department may use Adult in Custody Welfare Fund monies to fund a variety of programs, services, and activities. Specific uses of the fund may include, but are not limited to, operation, support, or enhancement of the following programs, services, and activities:

(1) Education programs;

(2) Alcohol and drug treatment and education programs;

(3) Provision of postage-paid envelopes for AICs that qualify in accordance with the department’s rule on Mail (AIC) (OAR 291-131);

(4) Provision of nonprescription, over-the-counter health aids made available for AIC use in housing units in DOC facilities;

(5) DOC facility libraries designated for AIC use;

(6) DOC facility visiting room equipment, services, and supplies; and

(7) AIC activities programs, including:

(a) Equipment, supplies, and services for entertainment including television viewing, music, activities, and performances;

(b) Visiting music or entertainment groups;

(d) Food or supplies for special occasions;

(e) AIC awards for the purpose of providing umpires, referees, and maintaining activity equipment and apparel;

(f) AIC tournaments and holiday events; and

(g) AIC club activities.

History

Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075
DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023
CD 4-1994, f. 2-17-94, cert. ef. 3-1-94

Division 157 RELEASE FUNDS

Or. Admin. R. 291-157-0005 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.105.

(2) Purpose: To ensure adults in custody have access to basic financial support for and upon release.

(3) Policy: It is the policy of the Department of Corrections to establish a program to provide releasing adults in custody with financial assistance to meet minimum release needs, in accordance with the requirements set by ORS 421.125(2)(b), and within funds appropriated for this purpose.

History

Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025
DOC 5-2010, f. & cert. ef. 4-6-10
DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10
CD 14-1994, f. 7-19-94, cert.ef. 8-1-94
CD 20-1988, f. & cert. ef. 11-18-88
CD 28-1986, f. & ef. 8-20-86
CD 19-1986(Temp), f. 6-30-86, ef. 8-15-86
CD 62-1985, f. & ef. 8-16-85
CD 5-1985(Temp), f. & ef. 6-17-85
CD 5-1984, f. & ef. 4-9-84
CD 42-1983(Temp), f. & ef. 10-14-83
CD 20-1983, f. & ef. 5-2-83
CD 32-1981, f. & ef. 6-30-81
CD 14-1981(Temp), f. & ef. 5-20-81
CD 21-1979, f. & ef. 11-29-79
CD 17-1979(Temp), f. & ef. 8-30-79

Or. Admin. R. 291-157-0010 Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Adult in Custody Trust Account: An account established and maintained in trust by the Department of Corrections for the deposit and safeguarding of monies that are the property of an adult in custody or associated on behalf of an adult in custody by their state identification number (SID).

(3) Discharge: Any lawful release from a state correctional institution pursuant to the expiration of a judicial sentence or other incarcerative sanction.

(4) Releasee: Any person released from the physical custody of the Department of Corrections to the community on leave, parole, post-prison supervision, or discharge status.

(5) Release Funds: Financial assistance allocated to a releasee by the Department of Corrections for the purpose of purchasing essential goods or services related to release needs.

(6) Release Services Manager: A Department of Corrections employee designated to supervise release processes and release services employees.

(7) Trust Account Funds: Monies deposited to an adult in custody’s trust account which may be used by the adult in custody to purchase authorized items or services during the adult in custody’s term of incarceration or be assessed by the functional unit to pay any debts incurred while under supervision of the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025
DOC 5-2010, f. & cert. ef. 4-6-10
DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10
DOC 7-1998, f. 3-26-98, cert. ef. 4-1-98
CD 14-1994, f. 7-19-94, cert.ef. 8-1-94
CD 20-1988, f. & cert. ef. 11-18-88
CD 28-1986, f. & ef. 8-20-86
CD 19-1986(Temp), f. 6-30-86, ef. 8-15-86
CD 62-1985, f. & ef. 8-16-85
CD 5-1985(Temp), f. & ef. 6-17-85
CD 5-1984, f. & ef. 4-9-84
CD 42-1983(Temp), f. & ef. 10-14-83
CD 20-1983, f. & ef. 5-2-83
CD 32-1981, f. & ef. 6-30-81
CD 14-1981(Temp), f. & ef. 5-20-81
CD 21-1979, f. & ef. 11-29-79
CD 17-1979(Temp), f. & ef. 8-30-79

Or. Admin. R. 291-157-0015 Procedures

(1) Notice to Adults in Custody: During the term of incarceration, each adult in custody is responsible for accumulating funds in anticipation of parole, post-prison supervision, or discharge. All monies received in the trust account during the term of incarceration will be calculated by Department of Corrections Central Trust, including any funds accumulated in a transition fund as provided in ORS 423.105, and the total amount may be the basis for approval or denial of release funds in accordance with ORS 421.125.

(2) Administration: The Assistant Director for Correctional Services or designee is responsible for the administration of the release funds program.

History

Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025
DOC 5-2010, f. & cert. ef. 4-6-10
DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10
DOC 7-1998, f. 3-26-98, cert. ef. 4-1-98
CD 14-1994, f. 7-19-94, cert.ef. 8-1-94
CD 20-1988, f. & cert. ef. 11-18-88
CD 28-1986, f. & ef. 8-20-86
CD 19-1986(Temp), f. 6-30-86, ef. 8-15-86
CD 62-1985, f. & ef. 8-16-85
CD 5-1985(Temp), f. & ef. 6-17-85
CD 5-1984, f. & ef. 4-9-84
CD 42-1983(Temp), f. & ef. 10-14-83
CD 20-1983, f. & ef. 5-2-83
CD 32-1981, f. & ef. 6-30-81
CD 14-1981(Temp), f. & ef. 5-20-81
CD 21-1979, f. & ef. 11-29-79
CD 17-1979(Temp), f. & ef. 8-30-79

Or. Admin. R. 291-157-0021 Distribution and Processing of Release Funds

(1) An adult in custody’s trust account will be calculated by Central Trust.

(2) A Release Services Manager will:

(a) Determine whether the adult in custody needs release funds to meet minimum release needs, in accordance with the requirements set by ORS 421.125(2)(b), and the amount of the release funds needed based on the calculated balance of the adult in custody’s trust account, the availability of funds being appropriated for this purpose, and any special considerations as approved by the Release Services Manager; and

(b) Will notify Central Trust of the need for release funds for the releasing adult in custody.

(3) Upon approval of the release funds, Central Trust will provide the release funds to the adult in custody.

History

Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105
DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025
DOC 5-2010, f. & cert. ef. 4-6-10
DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10

Division 158 TRUST ACCOUNTS (AIC)

Or. Admin. R. 291-158-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rulesis granted to the Director of the Department of Corrections (DOC) in accordance with ORS 30.643, 34.365, 34.370, 98.302, 138.590, 144.335, 179.040, 179.510 to 179.530, 421.068, 421.125, 423.020, 423.030, 423.075, and ORS 423.105.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policies and procedures for the administration of adult in custody trust accounts and financial information, and to safeguard adult in custody funds for authorized expenditures and assessments during incarceration, or, in anticipation of release.

(3) Policy:

(a)It is the policy of the Department of Corrections to restrict the use of adult in custody funds for authorized purposes. The department will control and safeguard adult in custody funds utilizing accepted accounting procedures. Moneys received not in accordance with these rules will be considered contraband and placed in the AIC Welfare Fund. Every person who is charged with processing adult in custody money ortrust funds shall follow these rules.

(b) It is the policy of the Department of Corrections to make appropriate assessments on an adult in custody’s account, as provided by statute or rule, including assessments for court-ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, and in other proceedings as authorized or required by law. The department intends that its rules authorizing assessments against an adult in custody’s account for these purposes apply retroactively to assessments made by the department prior to, on, and after the effective date of these rules.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075, 423.105, 179.510 - 179.530, 421.068 & 421.125
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075, 421.068 & 421.125
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93
CD 9-1991, f. & cert. ef. 4-3-91
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & ef. 8-16-85
CD 6-1985(Temp), f. & ef. 6-17-85

Or. Admin. R. 291-158-0010 Definitions

(1) Administrative Trust Account: An account created and approved by Central Trust that is in the adult in custody financial banking system. This type of account may be used for club accounts, group activities or special interest groups, and is not associated with an individual state identification number (SID).

(2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Adult in Custody Financial Banking System: A system for managing financial transactions for moneys held within Central Trust.

(4) Adult in Custody Trust Account: An account the Department of Corrections establishes and maintains in trust on behalf of an adult in custody for the deposit and safeguarding of moneys that are the property of an adult in custody or associated with an adult in custody by their SID number. An adult in custody trust account may include sub-accounts that hold funds for specific purposes or with restrictions or conditions on the manner or timing in which an adult in custody may use or access funds in those sub-accounts. The types of sub-accounts the Department of Corrections may establish include:

(a) General Spending Trust Account: The primary sub-account that holds funds that are not designated for any specific purpose. An adult in custody may use the funds in this account to make department-approved purchases.

(b) Protected Spending Trust Account: A sub-account containing funds that are not designated for any specific purpose and are not subject to collection by the Department of Corrections under state or federal law, including ORS 423.105. An adult in custody may use the funds in this account to make department-approved purchases.

(c) Reserve Account: A sub-account that holds funds that are not used for general spending or use by an adult in custody and may be subject to restriction or limitation on use by, for, or on behalf of an adult in custody. Types of reserve sub-accounts include, but are not limited to:

(A) Miscellaneous Reserve Account: A sub-account that holds funds, typically on a temporary basis, while an adult in custody’s interest in those funds are determined (for example, to confirm the legitimacy or completion of deposited moneys, to hold funds pending resolution of creditor claims in judicial proceedings like writs of garnishment or execution, or to resolve and correct errors associated with deposits into or withdrawals from the trust account).

(B) Protected Moneys Reserve Obligated Account: A sub-account containing funds that are designated and obligated to be used to pay for authorized specific goods, services, programs, or assistance including, but not limited to, dental, educational, medical, optical, religious purchases, and trips.

(d) Savings Accounts:

(A) General Release Savings Account: A sub-account that holds funds intended for release from Department of Corrections custody. Funds in this sub-account may be subject to the collection of any DOC debt as provided in these rules. Exceptions to use funds from this sub-account may be made with the approval of the Financial Services Administrator or designee.

(B) Transitional Savings Account: A sub-account established and protected under ORS 423.105 that holds funds for an adult in custody to use upon release from Department of Corrections custody.

(5) AIC Welfare Fund: An account established under ORS 421.068 and subject to OAR 291-156 of the department’s administrative rules. This account contains funds appropriated to the Department of Corrections for uses benefiting the general population of adults in custody, enhancing activities and programs including education programs and providing for offender reentry programs and support.

(6) Assessment: The collection of, or imposition of, a charge or claim against funds belonging to an adult in custody, including any fine, court order, judgment, money award, levy, tax, or fee.

(7) Central Trust: A unit within Financial Services in the Department of Corrections that is responsible for administering and managing adult in custody trust accounts.

(8) Court-Ordered Financial Obligation (COFO): A financial obligation as defined in ORS 423.105, which includes specified fines, awards or fees in a criminal action, child support obligations, and specified civil judgments.

(9) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(10) Designated Funds: Funds that are designated and obligated to pay for a specific service or item authorized by the Functional Unit Manager.

(11) DOC Debt: Any debt the Department of Corrections is authorized to place on the adult in custody’s trust account as debt owed to the Department of Corrections.

(12) Eligible Deposits: Deposits made into an adult in custody’s general spending account that are subject to the department’s debt collection procedures in these rules, including discretionary monetary awards made by the department to adults in custody under the Performance Recognition and Award System (PRAS).

(13) Financial Information: Trust account information that reflects the transactions associated with an adult in custody’s account listing transactions by type, dollar amount, and running balance.

(14) Financial Services: A unit within the Chief Financial Office that provides administration and oversight of adult in custody banking (Central Trust), Business Services, and Statewide Financial Programs.

(15) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(16) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director , an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(17) Garnishment: The procedure by which a creditor invokes the authority of a circuit court, justice court, or municipal court or, when authorized by law, its own statutory authority to acquire garnishable property of a debtor that is in the possession, control, or custody of a person other than the debtor.

(18) Moneys: Cash, money orders, personal checks, warrants, certified checks, and other remittances.

(19) Non-DOC Debt: Any debt incurred by an adult in custody that is not a “DOC Debt”.

(20) Non-Eligible Deposit: Protected funds defined in ORS 423.105 and OAR 291-158.

(21) Obligated Moneys: Moneys reserved for a specific purpose and that may have restrictions or conditions on the manner or authority for disbursing those moneys.

(22) Photo Identification (Photo ID): Any government-issued photo identification that contains a current home address.

(23) Protected Moneys: As provided in ORS 423.105, moneys deposited in an adult in custody trust account that are not subject to collection under state or federal law, including but not limited to:

(a) Disability benefits for veterans;

(b) Moneys received from a Native American tribe or tribal government;

(d) Railroad retirement benefits; or

(e) Moneys paid as compensation to an adult in custody in a prison work program established under the Prison Industries Enhancement Certification Program, or a successor program designated by the United States Director of the Bureau of Justice Assistance pursuant to 18 U.S.C. 1761.

(24) Receipts: Official Department of Corrections documents used to record money received on behalf of or for the use of adults in custody.

(25) SID Number: A unique state identification number (SID) assigned to each adult in custody and reported to the Oregon State Police Identification Services Section.

(26) Trust Funds: Funds that are the property of an adult in custody or held on behalf of an adult in custody that are deposited with the State Treasurer and administered by the Department of Corrections.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 179.510 - 179.530, 421.068, 421.125, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 179.510 - 179.530, 421.068, 423.020, 423.030, 423.075 & 423.105
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 9-1991, f. & cert. ef. 4-3-91
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & ef. 8-16-85
CD 6-1985(Temp), f. & ef. 6-17-85

Or. Admin. R. 291-158-0015 Trust Accounts

(1) The Central Trust Unit will establish one trust account for each adult in custody which corresponds to the SID number issued . A trust account may include one or more sub-accounts as described in these rules. The trust account will accrue interest at a rate determined by law. All moneys received for an adult in custody that are authorized for receipt in accordance with the provisions of these rules shall be credited to the adult in custody’s trust account.

(2) The department may assess an adult in custody’s trust account for the following non-exclusive reasons:

(a) Sanctions resulting from a disciplinary hearing;

(b) Garnishment or collection actions in a court proceeding, or by a state or federal agency with statutory authority to issue a warrant or levy against adult in custody property to collect taxes or other debts owed;

(c) Court–ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, or in other proceedings as authorized by law.

(d) Damages or destruction caused by willful misconduct;

(e) Costs associated with the facility, release, and programs;

(f) Photocopy or postage costs;

(g) Authorized medical, dental, or optical services or purchases;

(h) Authorized self-elected activities or purchases;

(i) To correct illegal or erroneous transactions; or

(j) As otherwise authorized by law.

(3) Adults in custody who are indebted to the department shall have their trust account debited, and funds disbursed in accordance with applicable law.

(4) An adult in custody may request to transfer funds from their General Spending Trust Account to their General Release Savings Account by submitting a completed Transfer Request form (CD1832) to Central Trust. Funds in this account may be subject to the collection of any DOC debt as provided in these rules. Exceptions to use funds from the General Release Savings Account may be made with the approval of the Financial Services Administrator or designee by submitting a General Release Savings Exception Request form (CD1910).

(5) If an adult in custody has less than $500.00 in their Transitional Savings Account, an adult in custody may request to transfer funds from their General Spending Trust Account to their Transitional Savings Account by submitting a completed Transfer Request form (CD1832) to Central Trust, provided that the transfer may not cause the Transitional Savings Account balance to exceed $500.00.

(6) Each month, Financial Services will provide each adult in custody with a trust account statement that shows a list of transactions by type, dollar amount, and running balance. This statement may be provided by paper or electronic means.

(a) Each adult in custody shall be responsible for monitoring their trust account balance by using the monthly account statements provided to them. Additional copies of the monthly account statement shall be available for purchase from Financial Services at a cost of $.50 per page.

(b) Questions regarding the statement shall be submitted to the institution business office. If an institution business office is not available, questions may be submitted to Central Trust.

(7) Funds held in an adult in custody’s trust account shall be disbursed to the adult in custody upon physical release from a Department of Corrections facility, unless otherwise provided by law. Prior to release, the department will collect against available trust account funds to satisfy any outstanding DOC debts. Within 14 days of the adult in custody’s scheduled release date, funds held in an adult in custody trust account may be unavailable to spend due to Central Trust preparing the funds for the adult in custody’s release.

(8) Any monetary transaction made on behalf of one adult in custody for the benefit of another adult in custody is prohibited. Exceptions may be allowed on a case-by-case basis by the Chief Financial Officer, and Assistant Director of Operations, or their designee.

(9) A transfer of funds from one adult in custody’s trust account to another adult in custody’s trust account, including transfers that are made or facilitated by a person who is not under the supervision of the Department of Corrections, or by a financial institution, is prohibited. Exceptions may be allowed on a case-by-case basis by the Chief Financial Officer and Assistant Director of Operations, or their designee.

(10) Funds received by the department for an adult in custody who is the subject of an investigation by the department or a law enforcement agency may be held by the department in the adult in custody’s Miscellaneous Reserve Account pending the outcome of the investigation.

(11) Funds received by the department for an adult in custody may be placed into the adult in custody’s Miscellaneous Reserve Account pending verification of the completion of a deposit, or to confirm the legitimacy and authorization for a deposit.

(12) Funds in a trust account that remain unclaimed two years after the adult in custody’s release from custody of the Department of Corrections or death shall be disposed of as provided in the Uniform Disposition of Unclaimed Property Act, ORS 98.302, et seq.

(13) Disbursed checks from an adult in custody’s trust funds that remain uncashed after two years may be returned to the adult in custody’s trust account.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 98.302 - 98.436, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 98.302 - 98.436, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Former sec. (7), (8), (9), (10), (11) & (12) Renumbered to 291-158-0025, 291-158-0035, 291-158-0045, 291-158-0055, 291-158-0065 & 291-158-0075
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & cert. ef. 8-16-85
CD 6-1985(Temp), f. & cert. ef. 6-17-85

Or. Admin. R. 291-158-0025 Designated Funds

(1) An adult in custody may receive and expend designated funds as authorized by the functional unit manager or designee.

(2) The functional unit manager or designee may authorize an adult in custody’s expenditure of designated funds for optical, medical, or dental expenses; emergency trips, programming, education-related expenses, religious items, or other purposes designated by the Department of Corrections policies, regardless of whether the adult in custody’s trust account is indebted.

(3) Unused designated funds totaling more than $10.00 shall be returned to the sender; unused designated funds totaling $10.00 or less may be deposited to the adult in custody’s General Spending Trust Account. Unused designated funds that originated from the adult in custody’s trust account shall be returned to the adult in custody’s trust account.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(7)
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & cert. ef. 8-16-85
CD 6-1985(Temp), f. & cert. ef. 6-17-85

Or. Admin. R. 291-158-0035 Interest Accruals

Any interest accrued on funds in an adult in custody’s protected money’s reserve account will be credited into that account monthly. Interest accrued on funds in any other account or sub-account will be credited monthly into the general spending trust account. Adults in custody may request, in writing, the exclusion of interest on their trust account.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 179.510, 421.068, 421.125, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 421.068, 421.125, 423.020, 423.030 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(8)
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & cert. ef. 8-16-85
CD 6-1985(Temp), f. & cert. ef. 6-17-85

Or. Admin. R. 291-158-0045 Authorized Receipts

(1) The department will accept and process authorized money items received by Central Trust only in the form prescribed by and in accordance with the provisions of these rules.

(a) Authorized money items include:

(A) Cashier’s check;

(B) Money order;

(D) Checks issued by an insurance company related to the settlement of a legal action or claim;

(E) Exceptions can be made with approval from the Chief Financial Officer or designee. For example, an exception may include a business check from a verified business for a legitimate reason.

(b) Authorized money items must be made payable to the Department of Corrections and must legibly include on the face of the remittance, the name of the adult in custody, the SID number of the adult in custody, the legal name of the sender, and the current address of the sender.

(c) Only one adult in custody trust account may be credited per authorized money item. Exceptions can be made with approval from the Chief Financial Officer or designee. Authorized money items should be mailed directly to the Department of Corrections, Central Trust, P.O. Box 14400, Salem, OR 97309-5077. An authorized money item mailed to the department must include the sender’s legal name and current residence address on the outside of the envelope that contains the authorized money item.

(d) Central Trust may provide an adult in custody with a receipt for authorized money items received and credited to the adult in custody’s trust account upon request.

(e) The department may require a copy of a photo ID be submitted along with any authorized money item for documentation purposes.

(2) Electronic Deposits

(a) The department may allow the deposit of funds to an adult in custody trust account via electronic deposit through an approved third-party vendor.

(b) Upon request by an adult in custody, Central Trust may provide that adult in custody with a receipt for authorized money items received and credited to that adult in custody’s trust account.

(3) Authorized money items requiring the adult in custody’s endorsement will be sent to the appropriate functional unit to obtain the adult in custody’s endorsement and then be returned to Central Trust.

(4) Central Trust will not forward or deliver any non-money items (for example, correspondence, notes, and photographs) sent with or accompanying an authorized monetary item, except for authorized non-money items received from a governmental agency with a verified SID number. Non-money items with no obvious and apparent monetary value will be discarded. Non-money items with obvious and apparent monetary value will be returned to the sender with a mail violation notice.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(9)
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & cert. ef. 8-16-85
CD 6-1985(Temp), f. & cert. ef. 6-17-85

Or. Admin. R. 291-158-0051 Unauthorized Receipts

(1) Money items in the form of cash or personal checks shall not be credited to an adult in custody’s trust account.

(a) Cash received in the mail by Central Trust shall be confiscated and deposited in the AIC Welfare Fund. If enough information is provided, a notice of the confiscation shall be provided to the sender, and a copy of the notice shall be provided to the intended adult in custody recipient. If the cash was concealed, the method of concealment will be documented. Only the sender may request an administrative review of confiscated cash. If an administrative review is requested and the department determines that the sender did not conceal the cash, the money shall be returned to the sender. If the department cannot determine the sender of the cash, it will remain in the AIC Welfare Fund.

(b) Personal checks shall be returned to the sender with the envelope and its contents, along with a mail confiscation notice or an explanation for the return of the items.

(2) Unidentifiable Funds:

(a) Any money item that is intended to be credited to an adult in custody’s trust account that lacks sufficient information for the department to identify the adult in custody, or the sender, will be placed in an Administrative Trust Account. The Administrative Trust Account will be reconciled on a quarterly basis.

(b) If the sender is unidentifiable but the adult in custody is identifiable, Central Trust shall give written notice to the identified adult in custody that a deposit was sent with insufficient information to be deposited into the adult in custody’s trust account. If sufficient information is not provided by the sender 60 days from notice, the funds shall be confiscated in violation of this rule and deposited into the AIC Welfare Fund.

(c) If the sender is identifiable but the adult in custody is unidentifiable, Central Trust shall return the funds to the sender. If the funds are undeliverable and returned to Central Trust, the funds will be confiscated in violation of this rule and will be deposited in the unidentified deposit account.

(d) Any unclaimed funds remaining in the unidentified deposit account for greater than 60 days shall be confiscated and deposited into the AIC Welfare Fund.

(e) If a sender wishes to claim funds that have been confiscated by Central Trust and can provide sufficient information according to this trust rule, they must do so within one calendar year from deposit date.

History

Statutory/Other Authority: ORS 34.365, 30.643, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 34.365, 30.643, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, adopt filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019

Or. Admin. R. 291-158-0055 Authorized Expenditures

(1) An adult in custody may request and authorize Central Trust or their designee to withdraw funds from the adult in custody’s trust account for authorized expenditures. Transactions will be recorded on the adult in custody’s monthly trust account statement by referencing the transaction description and transaction date.

(2) An adult in custody may initiate an authorized expenditure by submitting a completed Withdrawal Request form (CD28) to Central Trust or their designee. The adult in custody must sign the Withdrawal Request form in the presence of a designated employee as approved by the functional unit manager before sending the form to the functional unit manager or designee for approval.

(3) An adult in custody may initiate an authorized expenditure using their protected spending trust account by submitting a completed Withdrawal of Protected Reserve Funds form (CD28P) to Central Trust or their designee. The adult in custody must sign the Withdrawal of Protected Reserve Funds form in the presence of a designated employee as approved by the functional unit manager before sending the form to the functional unit manager or designee for approval.

(4) The department, in its sole discretion, may require that an adult in custody first accumulate sufficient funds in the adult in custody’s trust account to cover the entire cost of a requested purchase or payment before authorizing the transaction.

(5) Purchases: An adult in custody may use their general spending trust account funds or protected spending trust account to purchase authorized personal necessities, commissary items, photocopies, postage, and other such items as authorized for adult in custody purchase by the department.

(6) Payments or Disbursements: Unless otherwise provided by law, adults in custody may make the following types of payments or disbursements:

(a) Support Payments, Court Orders, and Judgments: Payments for child, spousal, or family support (whether court ordered or self-elected), and to satisfy court orders and judgments (for example, restitution orders, garnishment orders, judgments for filing fees and courts costs).

(b) Self-Elected Programs, Services and Assistance: Payments for self-elected programs, services, assistance, and Private Sector Prison Industries Programs, as authorized by the department (for example, education programs, adult in custody hair salon services, etc.).

(c) Disbursement of Excess Funds: Adults in custody who have no DOC debts may request Central Trust to disburse a portion of their general spending trust account funds in excess of their personal needs, and that of their dependents, to a third party (other than a Department of Corrections adult in custody or family member of another Department of Corrections adult in custody) for legitimate and verifiable purposes. The Withdrawal Request form (CD28) must be directed in writing to and approved by the Financial Services Administrator or designee.

(d) Disbursement of Protected Spending Trust Account Funds: At any time and regardless of debt status, an adult in custody may request that Central Trust disburse funds from their protected spending trust account using a Request for Withdrawal of Protected Reserve Funds form (CD28P).

(e) The department may require additional information prior to approving any payment or disbursement.

(7) Non-sufficient Funds: The department will return any Withdrawal Request form (CD28) if the adult in custody lacks sufficient trust account funds for the requested withdrawal amount, unless the adult in custody is specifically authorized to incur a debt in connection with the requested withdrawal.

(8) The department may assess a trust account establishment fee of $1.00 in accordance with ORS 421.125(2)(f). Once assessed, the department may collect the assessed fee from any accrued interest, up to $1.00, that is remaining or remaining to be deposited at the time of account closure due to release, transfer, or any other reason. The department may waive collection of any remaining uncollected portion of the assessed fee after account closure.

(9) Stop Payment Fees: If an adult in custody stops payment on a completed Withdrawal Request form (CD28), any costs associated with the stop payment, including any fees assessed by an issuing bank and any fees assessed by any other entity as a result of the stopped payment, are the responsibility of the adult in custody submitting the request for stop payment.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 421.125, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 421.125, 423.020, 423.030 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(10)
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & ef. 8-16-85
CD 6-1985(Temp), f. & ef. 6-17-85

Or. Admin. R. 291-158-0065 Indebted Funds

(1) Collection of DOC Debt;

(a) An adult in custody who has DOC debt may be permitted to spend one half of the first $80.00 (up to $40.00) of funds deposited into the adult in custody’s general spending trust account for authorized expenditures during that calendar month.

(b) Any additional deposits received by the adult in custody into their general spending account during the calendar month shall be applied to the adult in custody’s debt until such indebtedness is satisfied.

(c) Any unused funds remaining in an adult in custody’s general spending trust account at the end of the last business day of the calendar month shall be applied to the adult in custody’s indebtedness. Any changes to this scheduled date will be communicated by Central Trust.

(d) Holiday Period: During a designated holiday period, the Assistant Director of Operations or Institution Administrator may allow a standard increase in the amount of funds an adult in custody may spend from their trust account designated for the purchase of authorized items. The standard increase and holiday period will be the same for all functional units and will not be collected to pay DOC debts during that period. Adults in custody who receive new DOC disciplinary fines or fees during the holiday period will have that debt collected at the end of the holiday period. Any unused funds remaining in an adult in custody’s trust account at the end of the designated period will be applied to the adult in custody’s indebtedness.

(2) Collection of Non-DOC Debt: The Department of Corrections will comply with applicable state and federal law regarding the collection of non-DOC debt that has been established or that the Department of Corrections has been charged with collecting.

(3) Collection of DOC Debt After Release: The Department of Corrections will comply with all applicable state and federal law regarding the collection of DOC debt once an adult in custody is released.

History

Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019
DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018
DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08
CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(11)
CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92
CD 24-1991, f. & cert. ef. 10-8-91
CD 10-1991(Temp), f. & cert. ef. 4-22-91
CD 9-1991, f. & cert. ef. 4-3-91
CD 24-1990(Temp), f. & cert. ef. 11-2-90
CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90
CD 63-1985, f. & cert. ef. 8-16-85
CD 6-1985(Temp), f. & cert. ef. 6-17-85

Or. Admin. R. 291-158-0071 Restitution

(1) An adult in custody may be required to pay restitution to the department as a result of the adult in custody’s misconduct in accordance with the department’s rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105).

(2) An adult in custody may be required to pay restitution to an individual or other third party as determined by law.

(3) Restitution payments may be ordered paid from the adult in custody's trust account, or from any other trust accounts over which the department exercises control.

(4) Moneys confiscated via the disciplinary process will be deposited in the AIC Welfare Fund, unless otherwise directed by the hearings officer.

History

Statutory/Other Authority: ORS 423.020, 423.030, 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 293.450, 421.125, 423.075 & 423.105
Statutes/Other Implemented: ORS 423.020, 423.030, 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 293.450, 421.125 & 423.075
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, adopt filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019

Or. Admin. R. 291-158-0081 Administrative Review

(1) If an adult in custody is unable to resolve an issue regarding their account as stated in OAR 291-158-0015(6)(b), they may obtain an administrative review by writing to Central Trust on an AIC Communication form (CD214). The request must state the specific reason(s) why the adult in custody believes any errors occurred with their account. A request for administrative review must be received by Financial Services within 60 days of the statement issue date. An untimely request for administrative review will not be reviewed.

(2) If an adult in custody submits a timely request for administrative review, Central Trust will review relevant records to determine whether any error occurred. After review, Central Trust will issue a final decision in writing within 30 days after receipt of the request for administrative review. A copy of the final decision letter shall be provided to the adult in custody. First appeal letters go to the AIC Financial Services Administrator and second appeal letters go to the Chief Financial Officer.

(3) Final decisions are not grievable.

History

Statutory/Other Authority: ORS 423.020, 423.030, 423.075 & 179.040
Statutes/Other Implemented: ORS 423.020, 423.030, 423.075 & 179.040
DOC 14-2026, minor correction filed 05/14/2026, effective 05/14/2026
DOC 12-2026, amend filed 04/29/2026, effective 05/01/2026
DOC 11-2019, adopt filed 06/19/2019, effective 06/19/2019
DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019

Division 159 DOC PROCUREMENTS FOR INSTITUTIONS AND ADMINISTRATION

Or. Admin. R. 291-159-0010 Application

(1) Procurements conducted under ORS 179.040 and 279A.050(6)(i):

(a) OAR 291-159 rules apply to procurements of goods and services for Oregon Department of Corrections (DOC) institutions conducted under ORS 179.040 and 279A.050(6)(i) except as set forth in subsections (2)(b) and (2)(c) of this rule.

(b) For procurements conducted under subsection (1)(a) of this rule, DOC adopts:

(A) OAR 137-046-0100 through 137-046-0480 in effect as of January 1, 2023; and

(B) OAR 137-047-0000 through 137-047-0810 in effect as of January 1, 2023, with the exception of OAR 137-047-0330 and 137-047-0800. As applied to these procurements, references to OAR 137-047-0330 are replaced by OAR 291-159-0110 and references to OAR 137-047-0800 are replaced by OAR 291-159-0120.

(2) Other Procurements:

(a) OAR Chapter 291 Division 160 applies to Procurements of Goods and Services for the following programs conducted under ORS 421.438:

(A) Prison work and on-the-job training programs;

(B) Forest and work camps;

(D) Food Services Operations and Programs; and

(E) Facility or property maintenance operations and programs.

(b) OAR Chapter 125 Divisions 246, 247, 248, and 249, apply to:

(A) Procurements of Goods and Services for DOC institutions that DOC elects to conduct under OAR 125-247-0288 (Special Procurements; by Rule, including but not limited to client services);

(B) Procurements of Goods and Services not otherwise specified in this rule; and

(C) Intergovernmental and interagency agreements, but only to the extent they are specifically governed by OAR Chapter 125 Divisions 246, 247, 248, and 249.

(c) Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, Land Surveying Services and Related Services. For Procurements of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning, and Land Surveying Services and Related Services, DOC adopts OAR Chapter 125 Divisions 246, 247, 248, and 249 in effect as of January 1, 2023.

(3) In the event a conflict arises between these Division 159 rules and OAR Chapter 137 Division 46, the conflict will be resolved in the following order of precedence:

(a) The Public Contracting Code, ORS 279A, 279B, and 279C;

(b) OAR Chapter 291 Division 159;

(4) For the convenience of the user, pointer rules pertaining to preferences are found at OAR 291-159-0050 through 291-159-0070. A pointer rule pertaining to protests is found at OAR 291-159-0140.

(5) These Division 159 rules apply to Procurements that DOC first advertises or otherwise solicits on or after January 1, 2023, or, if DOC does not advertise or solicit the Procurement, to Contracts that DOC enters into on or after January 1, 2023.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.140(1) & 421.438
Statutes/Other Implemented: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.140(1), 421.438 & 279.030
DOC 1-2023, minor correction filed 01/02/2023, effective 01/02/2023
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0020 Definitions

(1) Food Services Operations and Programs: All material, equipment, food products, personal property, used equipment, and Services required for the handling, preparation, delivery, serving, consumption, and storage of food products for DOC’s adult in custody (AIC) population.

(2) Independent Contractor: A Person who provides Services to DOC in which DOC neither controls nor has the right to control the means or manner by which work is performed. DOC may control the results of the Services but will not control the means or manner of the Contractor’s performance of the work.

(3) The Public Contracting Code and Attorney General’s Model Rules contain general definitions applicable to capitalized terms in these Division 159 rules.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.075
Statutes/Other Implemented: 279A.065, 279A.070 & 279A.075
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0030 Delegation of Authority

The DOC Designated Procurement Officer may delegate in Writing, on a case-by-case basis, any Procurement for which DOC has independent statutory Contracting authority to the Oregon Department of Administrative Services (DAS). If DAS accepts a delegation, DAS shall process the delegated Procurement under OAR Chapter 125, Divisions 246, 247, 248, and 249. The DOC Designated Procurement Officer may at any time rescind any Written delegation issued under this rule.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.075
Statutes/Other Implemented: 279A.065, 279A.070 & 279A.075
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0040 Disabled Veteran Preference

(1) Generally. DOC may promote goals, policies, or programs for a Disabled Veteran-owned business by giving a preference to a Disabled Veteran-owned business when awarding a Contract. In carrying out this goal, policy, or program, DOC may:

(a) Solicit the Contract exclusively to entities owned or controlled by Disabled Veterans;

(b) Award the Contract directly to an entity owned or controlled by Disabled Veterans;

(2) Application. DOC may apply this preference as follows:

(a) For Procurements under OAR 291-159-0010(1)(a):

(A) DOC may give this preference for Contracts for Goods and Services estimated not to exceed $150,000; and

(B) DOC may give this preference for all other Contract types estimated not to exceed $50,000.

(b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0314.

(3) The DOC Designated Procurement Officer will make a Written determination supporting application of the preference including the estimation that a Contract will not exceed the applicable dollar thresholds specified in subsection (2) of this rule.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.100(1)
Statutes/Other Implemented: 279A.065, 279A.070 & 279A.100(1)
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0050 Resident Bidder Preference

(1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0310.

(2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0310.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.120
Statutes/Other Implemented: 279A.120
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0060 Oregon Goods or Services Preference

(1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0300.

(2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0300.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.128
Statutes/Other Implemented: 279A.128
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0070 Recycled Materials Preference

(1) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0320.

(2) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0322.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (i) & 279A.125
Statutes/Other Implemented: 279A.125
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0080 Federal Program Procurements

(1) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-246-0360.

(2) For Procurements under OAR 291-159-0010(1)(a), DOC may purchase supplies and Services through the General Service Administration (GSA) federal program or federal Contracts (Federal Program) without competitive sealed bidding, competitive sealed Proposals or other competition required under ORS 279B.050 to 279B.085, provided the following conditions are met:

(a) DOC has authority, including federal authorization, to purchase supplies and Services through Federal Programs;

(b) The purchase meets DOC’s needs;

(d) No mandatory Price Agreement for the supplies and Services exists, based upon DOC’s inquiry through the Electronic Procurement System;

(e) State and local preference programs, including but not limited to adult in custody labor in accordance with the Oregon Constitution, Article I, Section 41, products of disabled individuals program of ORS 279.835 to 279.850, and mandatory use Contracts under OAR 125-247-0296, are not waived or otherwise adversely affected by an acquisition through a Federal Program;

(f) DOC has complied with OAR 137-045-0010 to 137-045-0090, and if it is required, obtained a legal sufficiency review or exemption from the Department of Justice; and

(g) DOC has considered the following impacts upon local business:

(A) If the Procurement is in excess of $10,000, DOC has given notice through the Electronic Procurement System of its needs, reasons, and intent to procure through a Federal Program;

(B) DOC has provided a reasonable time period under the circumstances for individuals to respond to the notice and send Written comments to DOC; and

(C) DOC has considered any comments and replied, if appropriate, before proceeding with its Procurement through a Federal Program.

(3) When DOC purchases supplies or Services under this rule, a new Contract will be formed when a Contractor accepts an order from DOC. The Contract's terms and conditions will be incorporated by reference.

(4) DOC and Contractors participate voluntarily. Contractors providing Services and supplies under this administrative rule will make direct deliveries to DOC. DOC retains the right to decline orders on a case-by-case basis, for any reason, within a five-business day period of receipt of any DOC Contract order made under this administrative rule.

(5) DOC may add any significant and substantial Contract terms and conditions that are required by state statutes or rules to any Contract created under this rule, provided the additional Contract terms and conditions do not conflict with the Federal Program's Contract terms and conditions. Examples of such terms and conditions include, but are not limited to:

(a) Prompt Payment. DOC may apply the terms and conditions of Oregon's prompt payment law to its Contracts, but if DOC fails to make this addition, then DOC may be subject to the Federal Prompt Payment Act, 31 U.S.C. sec. 3901 et seq., as implemented at subpart 32.9 of the Federal Acquisition Regulation (FAR);

(b) Commercial Terms. Patent indemnity and other commercial terms and conditions may be added if they do not conflict with the Federal Program's terms and conditions; and

(c) Conflict Resolution. DOC may revise the Contract's dispute resolution provision to use Alternative Dispute Resolution (ADR) to the extent authorized by law.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070 & 279A.180
Statutes/Other Implemented: 279A.065, 279A.070 & 279A.180
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0090 Independent Contractor Status for Services Contracts

(1) DOC will Contract for Services with Persons who are Independent Contractors.

(2) DOC will develop a statement of work for Services that will not result in an employee relationship with the potential contractor.

(3) An Independent Contractor certification shall be completed for each Independent Contractor and will be included as a provision in each Contract.

(4) If the nature of the Services or project is such that an employee/employer relationship exists or will likely exist, DOC will hire the individual through normal personnel procedures.

(5) All Contracts shall include the Independent Contractor’s legal name and address. The Contractor shall provide DOC its federal Employer Identification Number (EIN) or Social Security Number (SSN), as applicable.

(6) All Contracts shall provide that the Independent Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the Contract payment.

(7) Violation of this administrative rule may result in DOC withdrawing an intent to Award a Contract, or termination of an existing Contract.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070
Statutes/Other Implemented: 279A.065 & 279A.070
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0100 Fragmentation

A Procurement may not be artificially divided or fragmented for the purpose of restricting competition or circumventing a legal requirement.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070
Statutes/Other Implemented: 279A.065 & 279A.070
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0110 Electronic Procurement and Submittals

(1) Electronic Procurement and Offers Authorized.

(a) DOC may conduct all phases of a Procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent DOC specifies in the Written instructions of a Solicitation Document how to participate in the Procurement.

(b) DOC shall open Electronic Offers in accordance with electronic security measures in effect at the time of its receipt of the Electronic Offer.

(c) DOC may use electronic or digital Signatures in issuing, awarding, or executing any Solicitation, Procurement or Contract. DOC’s use of electronic or digital Signatures shall be consistent with all applicable statutes and rules.

(d) If DOC determines that proposal security is or will be required, DOC shall not authorize Electronic Offers unless it has established methods for receipt of such security.

(2) Receipt of Electronic Offers.

(a) If DOC requires Electronic Offers in a Solicitation Document, the Offeror must submit an Electronic Offer in accordance with the Solicitation Document. DOC shall not consider Electronic Offers unless authorized by the Solicitation Document.

(b) When DOC conducts an electronic Procurement, all Electronic Offers must be submitted by the date and time identified in the Solicitation Document.

(c) A Person may withdraw an Electronic Offer at any time prior to the specified date and time in accordance with the Solicitation Document.

(3) Failure of the Electronic Procurement System. In the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Persons to submit Electronic Offers, to protest or to otherwise participate in the Procurement, DOC may cancel the Procurement or may extend the date and time for receipt of Electronic Offers by providing notice of the extension immediately after the Electronic Procurement System or electronic mail system becomes available.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070
Statutes/Other Implemented: 279A.065 & 279A.070
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0120 Amendments to Contracts

(1) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR Chapter 125, Divisions 246, 247, 248, and 249.

(2) For Procurements under OAR 291-159-0010(1)(a), DOC may amend a Contract without additional competition in any of the following circumstances:

(a) The amendment is within the scope of the Procurement as described in the Solicitation Document, if any, or if no Solicitation Document, as described in the sole source notice or the approved Special Procurement, if any, or in the absence of any of the preceding, the amendment is within the scope of the Contract. An amendment is not within the scope of the Procurement if DOC determines that if it had described in the Procurement the changes to be made by the amendment, it would likely have increased competition or affected the Award of the Contract.

(b) These Division 159 rules otherwise permit DOC to award a Contract without competition for the Goods or Services to be procured under the amendment.

(d) The amendment results from renegotiation of the terms and conditions, not exclusive to Contract price, of a Contract and the amendment is advantageous to DOC, subject to all of the following conditions:

(A) The Goods or Services to be provided under the amended Contract are the same as the Goods or Services to be provided under the unamended Contract.

(B) DOC determines that, with all things considered, the amended Contract is at least as favorable to DOC as the unamended Contract.

(C) The amended Contract does not have a total term greater than allowed in the Solicitation Document, if any, or if no Solicitation Document, as described in the sole source notice or the approved Special Procurement, if any, after combining the initial and extended terms. For example, a one-year Contract described as renewable each year for up to four additional years, may be renegotiated as a two to five-year Contract, but not beyond a total of five years.

(3) Contracts from Small or Intermediate Procurements. DOC may amend a Contract awarded as a Small or Intermediate Procurement pursuant to section (2) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 137-047-0265 for small Procurements or 137-047-0270 for intermediate Procurements.

(4) Price Agreements. DOC may amend a Price Agreement as follows:

(a) As permitted by the Price Agreement;

(b) For Price Agreements subject to ORS Chapter 279B, if the circumstances set forth in ORS 279B.140(2) exist; or

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070
Statutes/Other Implemented: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065 & 279A.070
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-159-0130 Protests

(1) Protests of Solicitation Documents.

(a) For Procurements under OAR 291-159-0010(1)(a), see OAR Chapter 137 Division 046.

(b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-247-0240, 125-248-0240, or 125-249-0450, as applicable.

(2) Protests of Notices of Intent to Award and Contract Awards.

(a) For Procurements under OAR 291-159-0010(1)(a), see OAR 137-046-0470.

(b) For Procurements under OAR 291-159-0010(2)(b) and (2)(c), see OAR 125-247-0700 to 125-247-0740.

History

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i) & 279A.120
Statutes/Other Implemented: 279A.120
DOC 12-2022, adopt filed 11/07/2022, effective 01/01/2023

Division 160 DOC PROCUREMENTS FOR OPERATIONAL SUPPORT AND ADULT IN CUSTODY PROGRAMS

Or. Admin. R. 291-160-0010 Applicability

These administrative rules apply to the Oregon Department of Corrections (DOC) procurement of goods and services for the following programs conducted under ORS 421.438:

(1) Prison work and on-the-job training programs;

(2) Forest and work camps;

(3) Farm and agricultural operations and programs;

(4) Food Services Operations and Programs; and

(5) Facility or property maintenance operations and programs.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0020 Definitions

(1) Addenda and Addendum: A subsequent DOC published or publicly noticed written addition or deletion to, a material change in, or general interest explanation of, a Solicitation Document.

(2) Advantageous: In DOC’s best interests, as assessed according to the judgment of DOC.

(3) Award: DOC’s identification of the Person with whom DOC intends to enter into a Contract following the completion of any solicitation selection criteria and Contract negotiations.

(4) Bid: A written response to an Invitation to Bid. A Bid is an Offer.

(5) Closing: The date and time specified in a Solicitation Document as the deadline for submitting Offers.

(6) Contract: A sale or other disposal, or a purchase, lease, rental, or other acquisition, of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement. Contract does not include grants.

(7) Contract Administration: All functions related to a given Contract between DOC and a Contractor from the time the Contract is awarded until the work is completed, accepted, and all payment has been made, or until the Contract is terminated, payment has been made, and disputes have been resolved.

(8) Contract Price: As the context requires, the maximum monetary obligation that a Contracting Agency either will or may incur under a Contract, including bonuses, incentives and contingency amounts, if the Contractor fully performs under the Contract.

(9) Contractor: The Person with whom DOC enters into a Contract.

(10) Descriptive Literature: Written information submitted with the Offer that addresses the goods and services included in the Offer.

(11) Service-Disabled Veteran Owned Business (SDVOB): A business that is formally verified as a Service-Disabled Veteran-Owned Small Businesses and must receive their verification through the federal Veteran’s Administration Center for Verification and Evaluation (CVE) as well as listed on the U.S. Department of Veteran’s Affairs Office of Small and Disadvantaged Business Utilization repository.

(12) Electronic Advertisement: A Solicitation Document, Request for Qualifications, or any other document inviting participation in procurements made available via electronic medium, including but not limited to the World Wide Web, the electronic procurement system approved by the Chief Procurement Officer, or electronic mail.

(13) Electronic Offer: A response to a Solicitation Document or other document inviting participation in a procurement, submitted to DOC via the World Wide Web, the electronic procurement system approved by the Chief Procurement Officer, or electronic mail.

(14) Emergency: Circumstances that:

(a) Could not have been reasonably foreseen;

(b) Create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety, or a threat to the safety or security of a correctional institution; and

(15) Entirely: As the context requires:

(a) To the full or entire extent, or completely; or

(b) To the exclusion of others, or solely (for example, an Offeror constructs a good “Entirely” by their own efforts).

(16) Food Services Operations and Programs: All material, equipment, food products, personal property, used equipment, and services required for the handling, preparation, delivery, serving, consumption, and storage of food products for DOC’s adult in custody population.

(17) Independent Contractor: In the context of a Contract for services, a Person who provides services to DOC in which DOC neither controls nor has the right to control the means or manner by which work is performed. DOC may control the results of the services but will not control the means or manner of Contractor’s performance of the work.

(18) Invitation to Bid (ITB): All documents, whether attached or incorporated by reference, used for soliciting Bids.

(19) Offer: A written offer to provide goods or services in response to a Solicitation Document.

(20) Offeror: A Person who submits an Offer.

(21) Opening: The date, time, and place specified in the Solicitation Document for the public opening of Offers.

(22) Opportunity Buy: An unsolicited offer to DOC by a Person to provide goods at a price that is lower than normal market price and is available for a short time.

(23) Oregon Offeror: An offeror that has paid unemployment taxes or income taxes in the State of Oregon during each of the 12 calendar months immediately preceding submission of the Offer, has a business address in the State of Oregon and has stated in the Offer whether the Offeror is an Oregon Offeror.

(24) Person: Any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

(25) Public Agency: Includes:

(a) Any county, city, special district or other public corporation, commission, authority or entity organized and existing under laws of this state, or any other state, or under the city or county charter of any county or city of this or any other state;

(b) Any agency of this state or any other state; and

(26) Price Agreement:

(a) A Contract for the procurement of goods or services at a set price with:

(A) No guarantee of a minimum or maximum purchase; or

(B) An initial order or minimum purchase combined with a continuing Contractor obligation to provide goods or services in which DOC does not guarantee a minimum or maximum additional purchase.

(b) The set price may exist at the outset or be determined later by an ordering instrument.

(27) Processed: As the context requires:

(a) Performed a particular process (for example, used cooking oil from any origin is processed in Oregon to create biofuel is considered “Processed”); or

(b) Treated with a substance (for example, wood products from any origin, treated in Oregon, and used for adults in custody art supplies are considered “Processed”).

(28) Produced: Goods that are:

(a) Formed into a whole by uniting its parts, framed, constructed, or built (for example, a solar panel built in Oregon and composed of parts from any origin was “Produced”);

(b) Formed by art or skill and labor, manufactured, or fabricated (for example, computer chips manufactured in Oregon and composed of parts from any origin were “Produced”); or

(29) Product Sample: The exact goods or a representative portion of the goods offered in an Offer, or the goods requested in the Solicitation Document as a sample.

(30) Proposal: A written response to a Request for Proposals. A Proposal is an Offer.

(31) Recycled Material: Any material that would otherwise be a useless, unwanted or discarded material except for the fact that the material still has useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled. “Recycled Material” includes, but is not limited to, Recycled Paper, Recycled PETE products, and other recycled plastic resin products and Recycled Products.

(32) Recycled Paper: A paper product with not less than:

(a) Fifty percent of its fiber weight consisting of secondary waste materials; or

(b) Twenty-five percent of its fiber weight consisting of post-consumer waste.

(33) Recycled PETE: Post-consumer polyethylene terephthalate material.

(34) Recycled Product: All materials, goods, and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. Recycled Product includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

(35) Request for Proposals: All documents, whether attached or incorporated by reference, used for soliciting Proposals.

(36) Request for Qualifications: A written document to which contractors respond in Writing by describing their experience with and qualifications for the services, personal services or architectural, engineering or land surveying services, or related services, described in the document.

(37) Request for Quotes: A written or oral request for prices, rates or other conditions under which a potential Contractor would provide goods or perform services, personal services or public improvements described in the request.

(38) Responsible: Meeting the standards of responsibility as described in OAR 291-160-0190.

(39) Responsible Offeror: As the context requires, a bidder or proposer who DOC determines meets the standards of responsibility set forth in OAR 291-160-0190.

(40) Responsive: Having the characteristic of substantial compliance in all material respects with applicable solicitation requirements.

(41) Reverse Auction: A process for the purchase of goods or services by DOC from the lowest bidder as provided in OAR 291-160-0320(5).

(42) Signature: Any written mark, word, or symbol that is made or adopted by a Person with the intent to be bound and that is attached to or logically associated with a Written document to which the Person intends to be bound.

(43) Signed: As the context requires, that a Written document contains a Signature or that the act of making a Signature has occurred.

(44) Solicitation Document: An invitation to Bid, Request for Proposals, Request for Quotes, or other similar document issued to invite Offers from prospective Contractors. The following are not Solicitation Documents unless they invite Offers from prospective Contractors: a Request for Qualifications, a prequalification of bidders, a request for information, a sole-source notice, a specialty procurement, or a request for product prequalification. A project-specific selection document under a Price Agreement that has resulted from a previous Solicitation Document is not itself a Solicitation Document.

(45) State Chief Procurement Officer: The Chief Procurement Officer of the Oregon Department of Administrative Services.

(46) Used Personal Property or Equipment: Property or equipment that has been placed in its intended use by a previous owner or user for a period of time recognized in the relevant trade or industry as qualifying the personal property or equipment as used at the time of DOC purchase. Used Personal Property or Equipment generally does not include property or equipment where DOC was the previous user, whether under a lease, as part of a demonstration, trial or pilot project, or similar arrangement.

(47) Writing: Letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. Writing, when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

(48) Written: Existing in Writing.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0030 Competitive Sealed Bidding

(1) Generally. DOC may procure goods or services by competitive sealed Bids. An Invitation to Bid is used to initiate a competitive sealed bidding solicitation. DOC shall provide public notice of the competitive sealed bidding solicitation as set forth in OAR 291-160-0060.

(2) Invitation to Bid. An Invitation to Bid shall include the following:

(a) General information.

(A) Notice of any pre-Offer conference;

(B) The form and instructions for submission, withdrawals, modifications, and corrections of Bids as set forth in the Solicitation Document;

(C) A statement that if the bidder is seeking application of the Oregon Offeror preference, the bidder must identify whether the bidder is an Oregon Offeror, as defined in OAR 291-160-0020; and

(D) The manner in which DOC will notify Offerors of Addenda and how DOC will make Addenda available (See OAR 291-160-0110).

(b) Need to purchase. The character of the goods or services DOC is purchasing including, if applicable, a description of the acquisition, specifications, delivery or performance schedule, inspection, and acceptance requirements that:

(A) Identify the scope of the work to be performed under the resulting Contract, if DOC awards one;

(B) Outline the anticipated duties of the Contractor under any resulting Contract; and

(A) Set forth the anticipated solicitation schedule, deadlines, and evaluation process;

(B) Set forth objective evaluation criteria. Evaluation criteria need not be precise predictors of actual future costs, but to the extent possible, the evaluation factors must be reasonable estimates DOC has available concerning future use; and

(C) If DOC intends to award Contracts to more than one bidder pursuant to OAR 291-160-0200, identify the manner in which DOC will determine the number of Contracts DOC will award.

(d) Contractor’s certification of compliance with the Oregon tax laws in accordance with ORS 305.385.

(e) All contractual terms and conditions in the form of Contract provisions DOC determines are applicable to the procurement. The Contract terms and conditions must specify the consequences of the Contractor’s failure to perform the scope of work or to meet the performance standards established by the resulting Contract. Those consequences may include, but are not limited to:

(A) DOC’s reduction or withholding of payment under the Contract;

(B) DOC’s right to require the Contractor to perform, at the Contractor’s expense, any additional work necessary to perform the statement of work or to meet the performance standards established by the resulting Contract; and

(C) DOC’s rights, which DOC may assert individually or in combination, to declare a default of the resulting Contract, to terminate the resulting Contract, and to seek damages and other relief available under the resulting Contract or applicable law.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0040 Competitive Sealed Proposals

(1) Generally. DOC may procure goods or services by competitive sealed Proposals. DOC shall use a Request for Proposal to initiate a competitive sealed Proposal solicitation. DOC shall provide public notice of the Request for Proposal as set forth in OAR 291-160-0060.

(2) Request for Proposal. The Request for Proposal must include the following:

(a) General information.

(A) Notice of any pre-Offer conference;

(B) The form and instructions for submission, withdrawals, modifications, and corrections of Proposals as set forth in the Solicitation Document;

(C) The manner in which DOC will notify proposers of Addenda and how DOC will make Addenda available. (See OAR 291-160-0110).

(A) Identify the scope of the work to be performed under the resulting Contract, if DOC awards one;

(B) Outline the anticipated duties of the Contractor under any resulting Contract; and

(A) The anticipated solicitation schedule, deadlines, and evaluation process; and

(B) Selection criteria. Evaluation criteria need not be precise predictors of actual future costs and performance, but to the extent possible must:

(i) Afford DOC the ability to compare the Proposals and proposers, applying the same standards of comparison to all proposers;

(ii) Rationally reflect proposers’ abilities to perform the resulting Contract in compliance with the Contract’s requirements; and

(iii) Permit DOC to determine the relative pricing offered by the proposers, and to reasonably estimate the costs to DOC of entering into a Contract based on each Proposal, considering information available to DOC and subject to the understanding that the actual Contract costs may vary as a result of the statement of work ultimately negotiated or the quantity of goods or services for which DOC Contracts.

(d) The proposers’ certification of compliance with the Oregon tax laws in accordance with ORS 305.385.

(e) All contractual terms and conditions that DOC determines are applicable to the procurement. DOC’s determination of contractual terms and conditions that are applicable to the procurement may take into consideration, those contractual terms and conditions DOC will not include in the Request for Proposal because DOC either will reserve them for negotiation or will request proposers to offer or suggest those terms or conditions.

(f) The Contract terms and conditions must specify the consequences of the Contractor’s failure to perform the scope of work or to meet the performance standards established by the resulting Contract. Those consequences may include, but are not limited to:

(A) DOC’s reduction or withholding of payment under the Contract;

(B) DOC’s right to require the Contractor to perform, at the Contractor’s expense, any additional work necessary to perform the scope of work or to meet the performance standards established by the resulting Contract; and

(3) DOC may include the applicable contractual terms and conditions in the form of Contract provisions, or legal concepts to be included in the resulting Contract.

(4) For multiple award Contracts, DOC may enter into Contracts with different terms and conditions with each Contractor to the extent those terms and conditions do not materially conflict with the applicable contractual terms and conditions.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0050 Electronic Procurement and Submittal Process

(1) DOC may conduct all phases of a procurement under these rules, including without limitation the posting of Electronic Advertisements and the receipt of Electronic Offers, by electronic methods if and to the extent DOC specifies in the Written instructions of any Solicitation Document, Request for Qualifications or any other document inviting participation in procurements how to participate in the procurement.

(2) DOC shall open Electronic Offers in accordance with electronic security measures in effect at the time of its receipt of the Electronic Offer.

(3) DOC may use electronic or digital Signatures in issuing, awarding, or executing any solicitation, procurement, or Contract. DOC’s use of electronic or digital Signatures shall be consistent with all applicable statutes and rules.

(4) If DOC determines that Proposal security is or will be required, DOC shall not authorize Electronic Offers unless it has established methods for receipt of such security.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020 & 423.030
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0060 Public Notice of Solicitation Documents

(1) Notice of Solicitation Documents. DOC shall provide public notice of every Solicitation Document in accordance with section (2) of this rule. DOC may give additional notice using any method it determines appropriate to foster and promote competition, including placing notice on the electronic procurement system approved by the State Chief Procurement Officer.

(2) Content of Public Notice. All public notices of Solicitation Documents shall set forth:

(a) Where, when, how, and for how long the Solicitation Document may be obtained;

(b) A general description of the goods or services to be acquired;

(c) The interval between the first date of notice of the Solicitation Document and Closing and Opening which shall not be less than 72 hours unless DOC makes a Written determination that circumstances exist that justify a shorter time period;

(d) The name, title, and contact information of the individual authorized by DOC to receive Offers; and

(e) Any other information DOC deems appropriate.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0070 Bids or Proposals are Offers

(1) Offer and Acceptance. The Bid or Proposal is the Offeror’s Offer to enter into a Contract.

(a) In competitive bidding and competitive Proposals, the Offer is always a Firm Offer, i.e., the offer shall be held open by the offeror for DOC’s acceptance for the period specified in the solicitation document. DOC may elect to accept the Offer at any time during the specified period, and DOC’s Award of the Contract constitutes acceptance of the Offer and binds the Offeror to the Contract at the prices contained in the Offeror’s Offer.

(b) Notwithstanding the fact that a competitive Proposal is a Firm Offer for the period specified in the Solicitation Document, DOC may elect to discuss or negotiate certain contractual provisions, as identified in these rules or in the Solicitation Document, with the Offeror. Where negotiation is permitted by the rules or the Solicitation Document, Offerors are obligated to negotiate in good faith and only on those terms or conditions that the rules or the Solicitation Document have reserved for negotiation.

(2) Contingent Offers. Except to the extent the Offeror is authorized to propose certain terms and conditions pursuant to the Solicitation Document, an Offeror shall not make its Offer contingent upon DOC’s acceptance of any terms or conditions (including specifications) other than those contained in the Solicitation Document.

(3) Offeror's Acknowledgment. By signing and returning the Offer, the Offeror acknowledges it has read and understands the terms and conditions contained in the Solicitation Document and that it accepts and agrees to be bound by the terms and conditions of the Solicitation Document. If the Solicitation Document permits Offerors to propose alternative terms or conditions, the Offeror's Offer must include all nonnegotiable or non-negotiated terms and conditions required by the Solicitation Document, any proposed terms and conditions offered for negotiation upon and to the extent accepted by DOC in Writing, and Offeror's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0080 Offer Preparation

(1) Instructions. An Offeror shall submit and sign its Offer in accordance with the instructions set forth in the Solicitation Document. An Offeror shall submit any correction or erasure to its Offer prior to Opening in accordance with the requirements as set forth in the Solicitation Document.

(2) Forms. An Offeror shall submit its Offer on the form(s) provided in the Solicitation Document, unless an Offeror is otherwise instructed in the Solicitation Document.

(3) Documents. An Offeror shall provide DOC with all documents and Descriptive Literature required by the Solicitation Document.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0090 Pre-Offer Conferences

(1) Purpose. DOC may hold pre-Offer conferences with prospective Offerors prior to Closing, to explain the procurement requirements, obtain information, or to conduct site inspections.

(2) Required Attendance. DOC may require attendance at the pre-Offer conference as a condition for making an Offer.

(3) Scheduled Time. If DOC holds a pre-Offer conference, it shall be held within a reasonable time after the Solicitation Document has been issued, but sufficiently before the Closing to allow Offerors to consider information provided at that conference.

(4) Statements not Binding. Statements made by DOC’s representative at the pre-Offer conference do not change the Solicitation Document unless DOC confirms such statements with a Written Addendum to the Solicitation Document.

(5) Agency Announcement. DOC will set forth notice of any pre-Offer conference in the Solicitation Document.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0100 Offer Submission

(1) Product Samples and Descriptive Literature. DOC may require Product Samples or Descriptive Literature if DOC determines either is necessary or desirable to evaluate the quality, features or characteristics of an Offer. DOC will dispose of Product Samples or make them available for the Offeror to retrieve in accordance with the Solicitation Document.

(2) Identification of Offers.

(a) To ensure proper identification and handling, Offers shall be submitted as follows:

(A) For procurements conducted through the electronic procurement system approved by the State Chief Procurement Officer, Offerors shall submit Offers through that system unless otherwise provided in the Solicitation Document.

(B) For all other procurements, Offerors shall submit Offers as set forth in the Solicitation Document.

(b) DOC is not responsible for Offers submitted in any manner, format, or to any delivery point other than as required in the Solicitation Document or as provided in these Division 160 rules.

(3) Receipt of Offers. The Offeror is responsible for ensuring DOC receives its Offer at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Offer.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0110 Addenda to Solicitation Document

(1) Issuance; Receipt. DOC may change a Solicitation Document only by Written Addenda. An Offeror shall provide Written acknowledgment of receipt of all issued Addenda with its Offer, unless DOC otherwise specifies in the Addenda.

(2) Notice and Distribution. DOC shall notify prospective Offerors of Addenda in a manner intended to foster competition and to make prospective Offerors aware of the Addenda. The Solicitation Document shall specify how DOC will provide notice of Addenda and how DOC will make the Addenda available before Closing.

(3) Timelines; Extensions. DOC shall issue Addenda within a reasonable time to allow prospective Offerors to consider the Addenda in preparing their Offers. DOC may extend the Closing if DOC determines prospective offerors need additional time to review and respond to Addenda.

(4) Request for Change. Unless a different deadline is set forth in the Addendum, an Offeror may submit a Written request for change to the Addendum by the close of the DOC’s next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change as set forth in the Solicitation Document, whichever date is later. If the date established in the previous sentence falls after the deadline for receiving changes to the Solicitation Document as set forth in the Solicitation Document, then DOC may consider an Offeror's request for change to the Addendum only, and DOC shall not consider a request for change to matters not added or modified by the Addendum.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0120 Pre-Closing Modification or Withdrawal of Offers

(1) Modifications. An Offeror may modify its Offer in Writing prior to the Closing. An Offeror shall prepare and submit any modification to its Offer to DOC in accordance with OAR 291-160-0080 and 291-160-0100 and in accordance with the requirements as set forth in the Solicitation Document.

(2) Withdrawals. An Offeror may withdraw its Offer in Writing prior to Closing. An Offeror must submit any withdrawal of its Offer prior to Closing in accordance with the requirements as set forth in the Solicitation Document.

(3) Documentation. DOC shall include all documents relating to the modification or withdrawal of Offers in the appropriate procurement file.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0130 Late Offers, Late Withdrawals and Late Modifications

Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an Offer received after Closing is late. DOC shall not consider late Offers, withdrawals or modifications except as permitted in OAR 291-160-0140.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0140 Mistakes

(1) Generally. To protect the integrity of the competitive procurement process and to ensure fair treatment of Offerors, DOC will carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes.

(2) DOC’s Treatment of Mistakes. DOC shall not allow an Offeror to correct or withdraw an Offer for an error in judgment. If DOC discovers certain mistakes in an Offer after Opening, but before award of the Contract, DOC may take the following action:

(a) DOC may waive, or permit an Offeror to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Offerors. Examples of minor informalities include an Offeror's failure to:

(A) Return the correct number of Signed Offers or the correct number of other documents required by the Solicitation Document;

(B) Sign the Offer in the designated block, provided a Signature appears elsewhere in the Offer, evidencing an intent to be bound; and

(C) Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Offer that the Offeror received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

(b) DOC may correct a clerical error if the error is evident on the face of the Offer or other documents submitted with the Offer, and the Offeror confirms the DOC’s correction in Writing. A clerical error is an Offeror's error in transcribing its Offer. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example, a missing unit price may be established by dividing the total price for the units by the quantity of units for that item, or a missing or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Offer). Unit prices shall prevail over extended prices in the event of a discrepancy between extended prices and unit prices.

(c) DOC may permit an Offeror to withdraw an Offer based on one or more clerical errors in the Offer only if the Offeror shows with objective proof and by clear and convincing evidence:

(A) The nature of the error;

(B) That the error is not a minor informality under this subsection or an error in judgment;

(D) That the Offeror acted in good faith in submitting an Offer that contained the claimed error and in claiming that the alleged error in the Offer exists;

(E) That the Offeror acted without gross negligence in submitting an Offer that contained a claimed error;

(F) That the Offeror will suffer substantial detriment if DOC does not grant the Offeror permission to withdraw the Offer; and

(G) That the Offeror promptly gave notice of the claimed error to DOC.

(d) The criteria in subsection (2)(c) of this rule shall determine whether DOC will permit an Offeror to withdraw its Offer after Closing.

(3) Rejection for Mistakes. DOC shall reject any Offer in which a mistake is evident on the face of the Offer and the intended correct Offer is not evident or cannot be substantiated from documents submitted with the Offer.

(4) Identification of Mistakes After Award. The procedures and criteria set forth above are Offeror's only opportunity to correct mistakes or withdraw Offers because of a mistake. Following Award, an Offeror is bound by its Offer, and may withdraw its Offer or rescind a Contract entered into pursuant to this Division 160 only to the extent permitted by applicable law.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0150 Receipt; Confidentiality of Offers

DOC shall electronically or mechanically timestamp or hand-mark each Offer and any modification upon receipt. DOC shall not open the Offer or modification upon receipt but shall maintain it as confidential and secure until Opening. If DOC inadvertently opens an Offer or a modification prior to the Opening, DOC shall return the Offer or modification to its secure and confidential state until Opening. DOC shall document the resealing for the procurement file ( e.g., “DOC inadvertently opened the Offer due to improper identification of the Offer.”).

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0160 Electronic Opening and Tiebreaker Processes

For any procurement conducted under these rules, DOC may elect to not hold Openings or tiebreaker events in-person. DOC, in its sole discretion and in lieu of an in-person Opening or tiebreaker event, may provide electronic options for viewing Opening or tiebreaker events, including, but not limited to, “real time” Microsoft Teams, or any other virtual electronic media available for the Opening or tiebreaker event. To the extent practicable, DOC will publish electronic Openings or tiebreaker events in the Solicitation Document or as an Addendum on the electronic procurement system approved by the State Chief Procurement Officer, or will directly notify Offerors in standing using other means available to DOC, or both.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0170 Time for Agency Acceptance

An Offeror's Offer is a Firm Offer, irrevocable, valid and binding on the Offeror for not less than 30 calendar days following Closing unless otherwise specified in the Solicitation Document.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0180 Extension of Time for Acceptance of Offer

DOC may request, orally or in Writing, that Offerors extend, in Writing, the time during which DOC may consider their Offer(s). If an Offeror agrees to such extension, the Offer shall continue as a Firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0190 Responsibility of Offerors

(1) Before awarding a Contract DOC shall determine whether the bidder submitting the lowest Bid, or the proposer submitting the most Advantageous Proposal, is Responsible. To be a Responsible Offeror, DOC must determine that the Offeror:

(a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to meet all contractual responsibilities;

(b) Has completed previous Contracts of a similar nature with a satisfactory record of performance. A satisfactory record of performance means that to the extent the costs associated with and time available to perform a previous Contract were within the Offeror’s control, the Offeror stayed within the time and budget allotted for the procurement and otherwise performed the Contract in a satisfactory manner. DOC should carefully scrutinize an Offeror’s record of Contract performance if the Offeror is or recently has been materially deficient in Contract performance. In reviewing the Offeror’s performance, DOC should determine whether the Offeror’s deficient performance was expressly excused under the terms of the Contract, or whether the Offeror took appropriate corrective action. DOC may review the Offeror’s performance on both private and public Contracts in determining the Offeror’s record of Contract performance. DOC shall make its basis for determining an Offeror non-Responsible under this subparagraph part of the procurement file;

(c) Has a satisfactory record of integrity. An Offeror may lack integrity if DOC determines the Offeror demonstrates a lack of business ethics, including but not limited to violation of state environmental laws or false certifications made to DOC. DOC may find an Offeror non-Responsible based on the lack of integrity of any person having influence or control over the Offeror (such as a key employee of the Offeror that has the authority to significantly influence the Offeror’s performance of the Contract or a parent company, predecessor or successor person. DOC may find an Offeror non-Responsible based on previous convictions of offenses related to obtaining or attempting to obtain a Contract or subcontract or in connection with the Offeror’s performance of a Contract or subcontract. DOC shall make its basis for determining that an Offeror is non-Responsible under this subparagraph part of the procurement file. The standards DOC may use to determine an Offeror’s integrity include, but are not limited to:

(A) The Offeror has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private Contract or subcontract or in the performance of a public or private Contract or subcontract.

(B) The Offeror has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the Offeror’s responsibility as a contractor.

(D) The Offeror has committed a violation of a Contract provision that is regarded by the contracting agency or the Construction Contractors Board to be so serious as to indicate lack of integrity. A violation may include but is not limited to a failure to perform the terms of a Contract or an unsatisfactory performance in accordance with the terms of the Contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis of non-integrity.

(E) The Offeror does not carry workers’ compensation or unemployment insurance as required by statute;

(d) Is legally qualified to contract with DOC;

(e) Has certified in Writing, under penalty of perjury, that the Offeror has complied with the tax laws of this state and its political subdivisions as required under ORS chapter 305; and

(f) Has supplied all necessary information in connection with the inquiry concerning responsibility. If the Offeror fails to promptly supply information requested by DOC concerning responsibility, DOC shall base the determination of responsibility on any available information or may find the Offeror non-Responsible.

(2) Form of Business Entity. DOC may investigate any Person submitting an Offer. The investigation may include that Person’s officers, directors, owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule.

(3) In the event DOC determines a bidder or proposer is not Responsible it shall prepare a Written determination of non-responsibility, reject the Offer, and document the determination in the procurement file.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0200 Offer Evaluation and Award for Competitive Sealed Procurements

(1) DOC Evaluation. DOC shall accept and evaluate Offers using only the criterion as set forth in the Solicitation Document. DOC shall not evaluate Offers using any other requirement or criterion.

(2) Preferences.

(a) SDVOB Preference. When awarding a Contract that does not exceed $150,000, DOC may give a preference for a SDVOB.

(b) Oregon Goods and Services.

(A) When procuring goods or services, DOC may give a 5 percent preference for goods or services that are either Produced or Processed, or both, Entirely in Oregon.

(B) Determining if goods are Produced or Processed, or services are performed, Entirely in Oregon. In applying subsection (2)(b) of this rule, DOC shall determine whether a procurement is predominantly for goods or services and then use the predominant purpose to determine if the goods are Produced or Processed, or the services are performed, Entirely in Oregon. DOC may request, either in a Solicitation Document, following Closing, or at any other time DOC determines is appropriate, any information or documentation DOC may need to determine if the goods are Produced or Processed, or services are performed, Entirely in Oregon. DOC may use any reasonable criteria to determine if goods are Produced or Processed, or services are performed, Entirely in Oregon, provided that the criteria reasonably relate to that determination, and provided that the DOC applies those criteria equally to each Offer.

(C) If DOC determines to give a preference for Oregon goods and Oregon services DOC shall set forth in the Solicitation Document the terms and conditions under which it will apply the preference.

(c) Oregon Offeror. When procuring goods, services, or both, DOC may give a 5 percent preference for Oregon Offerors. DOC may request, either in a Solicitation Document, following Closing, or at any other time DOC determines is appropriate, any information or documentation DOC may need to determine if the Offeror meets the definition of an Oregon Offeror. If DOC determines to give preference for Oregon Offerors, DOC shall set forth in the Solicitation Document the terms and conditions under which it will apply the preference.

(d) Recycled Materials.

(A) When procuring goods, DOC may give preference for Recycled Materials if:

(i) The Recycled Product is available;

(ii) The Recycled Product meets applicable standards;

(iii) The Recycled Product can be substituted for a comparable nonrecycled product; and

(iv) The Recycled Product’s costs do not exceed the costs of nonrecycled products by more than five percent, or a higher percentage if a Written determination is made by DOC.

(B) If DOC determines to give a preference for Recycled Materials, DOC shall set forth in the Solicitation Document the terms and conditions under which it will apply the preference.

(3) Award When Offers are Identical. If DOC determines that one or more Bids or Proposals are identical under OAR 291-160-0210, DOC shall award a Contract in accordance with the procedures set forth in OAR 291-160-0210.

(4) Clarification of Bids or Proposals. After Opening, DOC may conduct discussions with apparent Responsive Offerors for the purpose of clarification to assure full understanding of the Bids or Proposals. All Bids or Proposals, in the DOC’s sole discretion, needing clarification must be accorded such an opportunity. DOC shall document clarification of any Bid or Proposal in the procurement file.

(5) Negotiations.

(a) Invitations to Bid. DOC shall not negotiate with any bidder. After award of the Contract, DOC and Contractor may only modify the Contract as set forth in the Solicitation Document.

(b) Requests for Proposals. DOC may conduct discussions or negotiate with proposers only in accordance with Solicitation Document. After award of the Contract, DOC and Contractor may only modify the Contract in accordance with OAR 291-160-0370.

(6) Award.

(a) General. If Awarded, DOC shall Award the Contract to the Responsible bidder submitting the lowest, Responsive Bid or the Responsible proposer submitting the most Advantageous, Responsive Proposal. DOC may Award by item, groups of items or the entire Offer provided such Award is consistent with the Solicitation Document and in DOC’s interest as determined by DOC.

(b) Multiple items. An Invitation to Bid or Request for Proposals may call for pricing of multiple items of similar or related type with Award based on individual line item, group total of certain items, a “market basket” of items representative of DOC’s expected purchases, or grand total of all items.

(A) Notwithstanding subsection (6)(a) of this rule, DOC may Award multiple Contracts under an Invitation to Bid in accordance with the criteria set forth in the Invitation to Bid. Multiple Awards shall not be made if a single Award will meet DOC’s needs, including but not limited to adequate availability, delivery, service, or product compatibility. A multiple Award may be made if Award to two or more bidders of similar goods or services is necessary for adequate availability, delivery, service or product compatibility. Multiple Awards may not be made for the purpose of dividing the procurement into multiple solicitations, or to allow for user preference unrelated to utility or economy. A notice to prospective bidders that multiple Contracts may be Awarded for any Invitation to Bid shall not preclude DOC from Awarding a single Contract under such Invitation to Bid.

(B) If an Invitation to Bid permits the Award of multiple Contracts, DOC shall specify in the Invitation to Bid the criteria it will use to choose from the multiple Contracts when purchasing goods or services.

(d) Multiple Awards — Proposals.

(A) Notwithstanding subsection (6)(a) of this rule, DOC may Award multiple Contracts under a Request for Proposals in accordance with the criteria set forth in the Request for Proposals. Multiple Awards shall not be made if a single Award will meet the DOC’s needs, including but not limited to adequate availability, delivery, service or product compatibility. A multiple Award may be made if Award to two or more proposers of similar goods or services is necessary for adequate availability, delivery, service or product compatibility. Multiple Awards may not be made for the purpose of dividing the procurement into multiple solicitations, or to allow for user preference unrelated to obtaining the most Advantageous Contract. A notice to prospective proposers that multiple Contracts may be Awarded for any Request for Proposals shall not preclude DOC from Awarding a single Contract for such Request for Proposals.

(B) If a Request for Proposals permits the Award of multiple Contracts, DOC shall specify in the Request for Proposals the criteria it will use to choose from the multiple Contracts when purchasing goods or services, which may include consideration and evaluation of the Contract terms and conditions agreed to by the Contractors.

(e) Partial Awards. If after evaluation of Offers, DOC determines that an acceptable Offer has been received for only parts of the requirements of the Solicitation Document:

(A) DOC may Award a Contract for the parts of the Solicitation Document for which acceptable Offers have been received;

(B) DOC may reject all Offers and may issue a new Solicitation Document on the same or revised terms, conditions and Specifications; or

(f) All or none Offers. DOC may Award all or none Offers if the evaluation shows an all or none Award to be the lowest cost for Bids or the most Advantageous for Proposals of those submitted.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0210 Tiebreaker for Identical Offers

(1) Tiebreaker Preference and Award When Offers Are Identical. When DOC receives Offers identical in price, fitness, availability and quality, and chooses to Award a Contract, DOC shall Award the Contract based on the following order of precedence:

(a) DOC shall Award the Contract to the Offeror among those submitting identical Offers who is offering goods that are Produced or Processed, or services that are to be performed, Entirely in Oregon.

(b) If two or more Offerors submit identical Offers, and they all offer goods that are Produced or Processed, or services to be performed, Entirely in Oregon, DOC shall Award the Contract by drawing lots among the identical Offers. DOC shall provide the Offerors who submitted the identical Offers notice of the date, time and location of the drawing of lots and an opportunity for these Offerors to be present when the lots are drawn. See OAR 291-160-0160.

(c) If DOC receives identical Offers, and none of the identical Offers offer goods Produced or Processed, or services to be performed, Entirely in Oregon, then DOC shall Award the Contract by drawing lots among the identical Offers. DOC shall provide to the Offerors who submitted the identical Offers notice of the date, time and location of the drawing of lots and an opportunity for these Offerors to be present when the lots are drawn.

(2) Determining if Offers Are Identical. DOC shall consider Offers identical in price, fitness, availability and quality as follows:

(a) Offers received in response to an Invitation to Bid are identical in price, fitness, availability and quality if the Bids are Responsive, and offer the goods or services described in the Invitation to Bid at the same price.

(b) Offers received in response to a Request for Proposals are identical in price, fitness, availability and quality if they are Responsive and achieve equal scores when scored in accordance with the evaluation criteria set forth in the Request for Proposals.

(3) Determining if Goods Are Produced or Processed, or Services Are Performed, Entirely in Oregon. In applying this rule, DOC shall determine whether a procurement is predominantly for goods or services and then use the predominant purpose to determine if the goods are Produced or Processed, or the services are performed, Entirely in Oregon. DOC may request, either in a Solicitation Document, following Closing, or at any other time DOC determines is appropriate, any information or documentation DOC may need to determine if the goods are Produced or Processed, or services are performed, Entirely in Oregon. DOC may use any reasonable criteria to determine if goods are Produced or Processed, or services are performed, Entirely in Oregon, provided that the criteria reasonably relate to that determination, and provided that the DOC applies those criteria equally to each Offer.

(4) Procedure for Drawing Lots. When this rule calls for the drawing of lots, DOC shall draw lots by a procedure that affords each Offeror subject to the drawing a substantially equal probability of selection and that does not allow the person making the selection the opportunity to manipulate the drawing of lots to increase the probability of selecting one Offeror over another.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0220 Rejection of an Offer

(1) DOC may reject any Offer in whole or in part when the rejection is in the best interest of DOC as determined by DOC. The reasons for the rejection must be made a part of the procurement file.

(2) DOC shall reject an Offer upon DOC’s finding that the Offer:

(a) Is contingent on the DOC’s acceptance of terms and conditions (including specifications) that differ from the Solicitation Document;

(b) Takes exception to terms and conditions (including specifications) set forth in the Solicitation Document;

(c) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation Document or in contravention of applicable law;

(d) Offers goods or services that fail to meet the specifications of the Solicitation Document;

(e) Is late;

(f) Is not in substantial compliance with the Solicitation Document; or

(g) Is not in substantial compliance with all prescribed public procurement procedures.

(3) DOC shall reject an Offer upon DOC’s finding that the Offeror:

(a) Has not submitted properly executed Bid or Proposal security as required by the Solicitation Document; or

(b) Is non-Responsible. See OAR 291-160-0190.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0230 Rejection of All Offers

(1) Rejection. DOC, in its sole discretion, may reject all Offers in whole or in part when the rejection is in the best interest of DOC as determined by DOC. DOC shall notify all Offerors of the rejection of all Offers, along with the reasons for rejection of all Offers. The reasons for the rejection must be made part of the procurement file.

(2) Criteria. DOC may reject all Offers based upon the following criteria:

(a) The content of or an error in the Solicitation Document, or the procurement process unnecessarily restricted competition for the Contract;

(b) The price, quality or performance presented by the Offerors are too costly or of insufficient quality to justify acceptance of any Offer, or if the Offerors’ timing of performance does not meet DOC’s desired time-frame;

(c) Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process;

(d) Causes other than legitimate market forces threaten the integrity of the competitive process. These causes may include, without limitation, those that tend to limit competition, such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the Solicitation Document;

(e) DOC cancels the procurement or solicitation in accordance with OAR 291-160-0240; or

(f) Any other circumstance indicating that awarding the Contract would not be Advantageous to DOC.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0240 Cancellation of Procurement or Solicitation

(1) Cancellation in DOC’s Interest. DOC, in its sole discretion, may cancel a procurement or solicitation in whole or in part when the cancellation is in the best interest of DOC as determined by DOC. The reasons for the cancellation must be made a part of the procurement file.

(2) Notice of Cancellation Before Opening. If DOC cancels a procurement or solicitation prior to Opening, DOC shall provide Written notice of cancellation in the same manner that DOC initially provided notice of the solicitation. Such notice of cancellation shall:

(a) Identify the Solicitation Document;

(b) Briefly explain the reason for cancellation; and

(3) Notice of Cancellation After Opening. If DOC cancels a procurement or solicitation after opening, DOC shall provide Written notice of cancellation to all Offerors who submitted Offers.

(4) Disposition of Offers.

(a) Prior to Opening. If DOC cancels a procurement or solicitation prior to Opening, DOC shall return all Offers it received to Offerors unopened, provided the Offeror submitted its Offer in a hard copy format with a clearly visible return address. If there is no return address on the envelope, DOC shall open the Offer to determine the source and then return it to the Offeror. For Electronic Offers, DOC shall delete the Offers from any electronic procurement system approved by the State Chief Procurement Officer or DOC information technology system.

(b) After Opening. If DOC cancels a procurement or solicitation after Opening, DOC:

(A) May return Proposals; and

(B) Shall keep Bids in the procurement file.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0250 Notice of Intent to Award

(1) Notice of Intent to Award. DOC may provide Written notice of its intent to award to all Offerors at least seven calendar days before the Award of a Contract, unless DOC determines that circumstances justify prompt execution of the Contract, in which case DOC may provide a shorter notice period. DOC shall document the specific reasons for the shorter notice period in the procurement file.

(2) Finality. DOC’s Award shall be final.

(3) This rule does not apply to Contracts awarded as an Opportunity Buy, sole-source procurement, or specialty procurements.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0260 Documentation of Award

(1) Basis of Award. After Award, DOC shall make a record showing the basis for determining the successful Offeror part of DOC’s procurement file.

(2) Contents of Award Record. DOC’s record shall include:

(a) For Bids:

(A) Bids;

(B) Completed Bid tabulation sheet; and

(b) For Proposals:

(A) Proposals;

(B) The completed evaluation of the Proposals;

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0270 Availability of Award Decisions

(1) Contract Documents. To the extent required by the Solicitation Document, DOC shall deliver to the successful Offeror a Contract, Signed purchase order, Price Agreement, or other Contract document(s) as applicable.

(2) Availability of Award Decisions. A person may obtain tabulations of Awarded Bids or evaluation summaries through the electronic procurement system approved by the State Chief Procurement Officer.

(3) Availability of Procurement Files. After notice of intent to Award, DOC shall make procurement files available in accordance with applicable law.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0280 Small Procurements

(1) Generally. DOC may award a Contract as a small procurement with limited competitive process for goods or services less than or equal to $150,000 as provided in this rule.

(2) Amendments. DOC may amend a Contract awarded as a small procurement; however, the cumulative amendments to a Contract may not increase the total Contract Price to greater than $150,000, with the exception of renegotiated Contracts under OAR 291-160-0320(1).

(3) Small Procurements by Type.

(a) For goods or services that are equal to or less than $50,000, DOC may directly award a Contract.

(b) For goods or services that are more than $50,000 but less than $150,000, DOC may obtain three informal quotes. If three quotes are not reasonably available, fewer will suffice, but DOC shall make a written record of the effort made to obtain the quotes. If DOC awards a Contract, DOC shall award the Contract to the Offeror whose quote is most Advantageous to DOC.

(c) If the anticipated purchase exceeds $10,000 and a competitive process is used, DOC will post notice on the electronic procurement system approved by the State Chief Procurement Officer.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0290 Sole-source Procurements

(1) Generally. DOC may Award a Contract in any dollar amount without competition as a sole-source procurement.

(2) Public Notice. If DOC determines that it may enter into a Contract as a sole-source, DOC shall give public notice of its determination that the goods or services or class of goods or services are available from only one source. DOC shall publish such notice in accordance with OAR 291-160-0060. The public notice shall describe the goods or services to be acquired by a sole-source procurement and identify the prospective Contractor.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0300 Emergency Procurements

DOC may Award a Contract for any dollar amount as an Emergency procurement. When an Emergency procurement is authorized, the procurement shall be made with competition that is reasonable and appropriate under the circumstances. DOC shall document in its procurement file the nature of the Emergency and describe the method used for the selection of the particular Contractor. Nothing in this rule waives the Department of Justice legal sufficiency review, if applicable, under ORS 291.047.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0310 Opportunity Buys

(1) DOC may procure goods without a competitive process as an “Opportunity Buy” as set forth in this rule.

(2) DOC may procure goods up to $150,000.00 as an Opportunity Buy when all of the following conditions are present:

(a) The proposed unit price of the item(s) to be purchased is significantly less than a comparable item's price on an existing DOC mandatory use Contract or any recent Bid and the amount saved exceeds any additional administrative costs incurred to purchase the goods;

(b) The goods being purchased have limited availability ( i.e. , the goods may no longer be available upon completion of normal Bid processes);

(c) The purchase does not jeopardize fulfillment of a guaranteed minimum volume under an existing DOC mandatory use Contract; and

(d) The Director or designee approves the Opportunity Buy in Writing and documents the approval in the Contract file, if over $50,000.

(3) Documentation.

(a) DOC must ensure that all Opportunity Buy Contracts are in Writing.

(b) DOC must document in its procurement file:

(A) The Contract or Bid pricing used for comparison; or

(B) The last purchase price or current market price of the same or similar goods currently being purchased.

(4) DOC may not cancel a solicitation that has been released to the public in order to take advantage of an Opportunity Buy for the same goods.

(5) Nothing in this rule waives the Department of Justice legal sufficiency review, if applicable, under ORS 291.047.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0320 Specialty Procurements by Contract Type

(1) Renegotiations of Existing Contracts with Incumbent Contractors. DOC may renegotiate and amend an existing Contract with an incumbent Contractor within the term of the Contract, when market conditions have changed and it is in the best interest of the State.

(a) Process and criteria.

(A) DOC may renegotiate various items of the Contract, including but not limited to: price, term, delivery and shipping, order size, item substitution, warranties, discounts, on-line ordering systems, price adjustments, product availability, product quality, and reporting requirements.

(B) DOC will post notice on the electronic procurement system approved by the State Chief Procurement Officer. Nothing in this rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047 (public contract approval by the Oregon Attorney General).

(b) DOC will meet the following conditions in its renegotiations with incumbent Contractors:

(A) Favorable result. DOC will determine that, with all things considered, the renegotiated Contract is at least as favorable to DOC as the original Contract and document this in the procurement file. For example, DOC and the Contractor may adjust terms and conditions within the original Contract to meet different needs;

(B) Within the scope. The goods and services provided under the renegotiated Contract must be reasonably related to the original Contract’s solicitation. For example, DOC may accept functionally equivalent substitutes for any goods and services in the original Contract’s solicitation;

(C) Optional term or condition. If a Contractor offered to DOC during the original solicitation a term or condition that was rejected at that time, (for the purpose of this subsection only, Rejected Term or Condition), DOC may not renegotiate for a lower price based on this Rejected Term or Condition as a mandatory term or condition in the renegotiated Contract. If, however, a Contractor offers a lower price according to a Rejected Term or Condition without additional consideration from DOC and as only an option to DOC, then DOC may accept the option of a lower price under the Rejected Term or Condition. For example, if DOC initially rejected a Contractor’s proposed condition that the price required a minimum order, any renegotiated Contract may not mandate this condition; but DOC may agree to the option to order lesser amounts or receive a reduced price based upon a minimum order; and

(D) Market. In order to avoid encouraging favoritism or diminishing competition, DOC will research the accepted competitive practices and expectations of Offerors within the market for the specific Contract(s) or classes of Contracts to be renegotiated (Market Norm). DOC will document the results of the Market Norm research in the procurement file. Based upon this information, DOC will confirm that, if DOC follows the Market Norm, favoritism is not likely to be encouraged, competition is not likely to be diminished, and substantial cost savings may be realized. Under no condition will DOC accept or follow any Market Norm that likely encourages favoritism or diminishes competition, even if it is accepted or expected in the market.

(2) Equipment or Infrastructure/Facility Repair and Overhaul. DOC may enter into a Contract for equipment or repair and overhaul of its institutions’ infrastructure or facilities without competitive bidding.

(a) DOC may enter into Contracts for equipment or repair and overhaul of its institutions’ infrastructure or facilities under the following conditions:

(A) Service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing; or

(B) Service or parts required are for sophisticated equipment for which specially trained personnel are required and such personnel are available from only one source.

(b) Process and criteria. DOC will use competitive methods where practicable to achieve Advantageous results for DOC and will document in the procurement file the reasons why a competitive process was deemed to be impractical. If the anticipated purchase exceeds $10,000 and a competitive method is used, DOC will post notice on the electronic procurement system approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and DOC will document in the procurement file the use of this specialty procurement to identify the sourcing method. Nothing in this rule waives the Department of Justice legal sufficiency review if applicable under ORS 291.047 (public contract approval by the Oregon Attorney General).

(3) Contracts for Price Regulated Items. DOC may, regardless of dollar value and without competitive bidding, contract for the direct purchase of goods and services where the rate or price for the goods and services being purchased is established by federal, state, or local regulatory authority.

(a) DOC will use competitive methods where practicable to achieve Advantageous results for DOC. DOC will document in the procurement file the reasons why a competitive process was deemed to be impractical.

(b) If the anticipated purchase exceeds $10,000 and a competitive method is used, DOC will post notice on the electronic procurement system approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and DOC will document in the procurement file the use of this specialty procurement rule by number to identify the sourcing method.

(c) Nothing in this rule waives the Oregon Department of Justice legal sufficiency review if applicable under ORS 291.047 (public contract approval by the Oregon Attorney General).

(4) Purchase of Used Personal Property or Equipment. DOC may purchase Used Personal Property or Equipment without competitive bidding and without obtaining quotes, if, at the time of purchase, DOC determines and documents the purchase will be unlikely to encourage favoritism or diminish competition; and result in substantial cost savings or promote the public interest.

(a) For purchases of Used Personal Property or Equipment not exceeding $150,000, DOC will, where feasible, obtain three quotes, unless DOC determines and documents in the procurement file that a purchase without obtaining quotes will result in cost savings and Advantageous results for DOC and will not diminish competition or encourage favoritism. The cost of Used Personal Property or Equipment is inclusive of any freight, handling, and set up fees associated with the purchase of the property or equipment.

(b) For purchases of Used Personal Property or Equipment exceeding $150,000, DOC will obtain and keep a Written record of the source and number of quotes received.

(c) If an anticipated purchase exceeds $10,000 DOC will post notice on the electronic procurement system approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and DOC will document in the procurement file the use of this specialty procurement rule by number to identify the sourcing method.

(d) Nothing in this rule waives the Oregon Department of Justice legal sufficiency review if applicable under ORS 291.047 (public contract approval by the Oregon Attorney General).

(5) Reverse Auctions. DOC may purchase goods and services through the use of a Reverse Auction by publishing a Solicitation Document describing the Reverse Auction requirements and Contract terms and conditions and soliciting online Bids from all interested bidders through an Internet-based program.

(a) DOC’s Solicitation Document will set forth a start and end time for Bids and specify the following type of information to be disclosed to bidders during the Reverse Auction:

(A) The prices of the other bidders or the price of the most competitive bidder;

(B) The rank of each bidder ( e.g. , (i) “winning” or “not winning” or (ii) “1st, 2nd, or higher”); (C) The scores of the bidders if DOC chooses to use a scoring model that weighs non-price factors in addition to price; or

(D) Any combination of (A), (B) and (C) above.

(b) Prior to the start of a Reverse Auction, DOC will require all bidders to assent to the Contract terms and conditions, either in Writing or by an Internet “click” agreement. Thereafter, bidders will compete for the Award of a Contract by offering successively lower prices, being informed by the price(s), ranks, and scores, separately or in any combination thereof, disclosed by DOC. DOC will not disclose the identity of any bidders during the Reverse Auction process, and only the successively lower price(s), ranks, scores and related details, separately or in any combination thereof, will be revealed to the participants.

(c) DOC may cancel a Reverse Auction solicitation at any time if DOC determines that it is in DOC’s or the State’s best interest to do so, as determined by DOC.

(d) At the end of the Reverse Auction bidding process, DOC will Award a Contract to the lowest Responsible bidder or, in the case of multiple awards, to the lowest Responsible bidders according to OAR 291-160-0190, allowing DOC to test and determine the suitability of the goods and services before awarding the Contract.

(e) DOC will disclose the Reverse Auction process in the Solicitation Document. The Reverse Auction process will include the manner of giving notices of the price(s) offered, rank(s), score(s), and related details to the initial bidders.

(f) DOC will post notice of the Reverse Auction on the electronic procurement system approved by the State Chief Procurement Officer. The resulting Contract must be in Writing and DOC will document in the procurement file the use of this specialty procurement rule by number to identify the sourcing method.

(g) For each Reverse Auction solicitation, DOC may determine on a case-by-case basis whether prequalification of suppliers is needed. If prequalification is used, DOC will prequalify suppliers and provide an appeal process.

(h) Nothing in this rule waives the Oregon Department of Justice legal sufficiency review if applicable under ORS 291.047 (public contract approval by the Oregon Attorney General).

(6) SDVOB. Notwithstanding any other provision of these rules, DOC may directly Award a Contract that does not exceed $150,000 to a SDVOB.

(7) Federal Program Procurements. Notwithstanding any other provision of these rules, DOC may purchase goods and services through GSA Federal Programs or federal contracts (collectively, Federal Programs) without competitive sealed bidding, competitive sealed Proposals or other competition.

(a) Requirements. DOC will follow the following requirements in order to enter into Contracts through Federal Programs:

(A) DOC must have federal authority to purchase goods and services through Federal Programs;

(B) The purchase meets DOC’s needs;

(D) DOC has complied with OAR 137-045-0010 to 137-045-0090, and if it is required, obtained a legal sufficiency review or exemption from the Oregon Department of Justice; and

(E) DOC has considered the following impacts upon local business:

(i) If the procurement is in excess of $10,000, DOC has given notice through the electronic procurement system approved by the State Chief Procurement Officer of its needs, reasons, and intent to procure through a Federal Program;

(ii) DOC has provided a reasonable time period under the circumstances for response to the notice and submission of Written comments to DOC; and

(iii) DOC has considered any comments and replied, if appropriate, before proceeding with its procurement through a Federal Program. This rule provides for an informal opportunity to comment to and be considered by DOC, instead of the formal notice requirements for solicitations in excess of $10,000 according to ORS 200.035.

(b) When DOC purchases supplies or services under this rule, a new Contract will be formed when a Contractor accepts an order from DOC. The Contract's terms and conditions will be incorporated by reference.

(c) DOC and Contractors participate voluntarily. Contractors providing services and supplies under this administrative rule will make direct deliveries to DOC.

(d) DOC may add any significant and substantial Contract terms and conditions that are required by state statutes or rules to any Contract created under this rule, provided the additional Contract terms and conditions do not conflict with the Federal Program’s Contract terms and conditions. Examples of such terms and conditions include, but are not limited to:

(A) Prompt Payment. DOC may apply the terms and conditions of Oregon's prompt payment law to its Contracts, but if DOC fails to make this addition, then DOC may be subject to the Federal Prompt Payment Act, 31 U.S.C. sec. 3901 et seq ., as implemented at 48 CFR §32.9 of the Federal Acquisition Regulations (FARs);

(B) Commercial Terms. Patent indemnity and other commercial terms and conditions may be added if they do not conflict with the Federal Program's terms and conditions; or

(C) Conflict Resolution. DOC may revise the Contract's dispute resolution provision to use Alternative Dispute Resolution (ADR) to the extent authorized by law.

(8) Interstate, Interagency and Intergovernmental Agreements. Notwithstanding any other provision of these rules, DOC may purchase goods and services with a Public Agency, the United States, a United States governmental agency, an American Indian tribe or agency of an American Indian tribe as authorized under ORS chapter 190 without competitive sealed bidding, competitive sealed Proposals or other competition.

(9) Qualified Nonprofit Agencies for Individuals with Disabilities. Notwithstanding any other provision of these rules, DOC may purchase goods and services with qualified nonprofit agencies for individuals with disabilities as authorized under ORS chapter 279 without competitive sealed bidding, competitive sealed Proposals or other competition.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0330 Alternative Procurement Methods

(1) DOC may use an alternative procurement method if DOC determines that method will be more likely to:

(a) Achieve the specific business objective or business objectives of the procurement; or

(b) Aid the Director of DOC in fulfilling the statutory mandate to operate and administer DOC.

(2) Alternative procurement methods may include, but are not limited to, specialized vendor prequalification, multistep Bids or Proposals, single proposer negotiations, competitive negotiations between two or more proposers, and cooperative procurements. DOC shall conduct the alternative procurement method in accordance with the process set forth in the applicable Solicitation Document, if any.

(3) If DOC uses an alternative procurement method, DOC must document in the procurement file which alternative method was selected and why the alternative method was selected.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0340 Brand Name or Equivalent Specifications

(1) Brand Name: DOC may specify a brand name or equal specification when, in DOC’s sole determination, the use of a brand name or equal specification is Advantageous to DOC because a brand name or equivalent describes the standard of quality, performance, functionality and other characteristics of a product needed by DOC.

(2) DOC’s determination of when to use a brand name or equivalent specification, or what constitutes a product that is equal or superior to a product specified, is final.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0350 Independent Contractor Status for Services Contracts

(1) DOC will contract for services with Persons who are Independent Contractors.

(2) DOC will develop a statement of work for services that will not result in an employee relationship with the potential Contractor.

(3) An Independent Contractor certification shall be completed for each Independent Contractor and will be included as a provision in each Contract.

(4) If the nature of the services or project is such that an employee/employer relationship exists or will likely exist, DOC will hire the individual through normal personnel procedures.

(5) All Contracts shall include the Independent Contractor’s legal name and address. The Contractor shall provide to DOC its federal Employer Identification Number (EIN) or Social Security Number (SSN), as applicable.

(7) Violation of this administrative rule may result in DOC withdrawing an intent to Award a Contract, or termination of an existing Contract.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0360 Contract Administration; General Provisions

(1) Contract Administrator. DOC may appoint, in Writing, a Contract administrator as an DOC representative for each Contract. The Contract administrator may delegate in Writing a portion of the Contract administrator’s responsibilities to a technical representative for specific day-to-day administrative activities for each Contract.

(2) Documentation Requirements. Contract Administration documentation and level of detail should be directly related to the dollar value and risk of the procurement. Documentation of Contract Administration is a part of the procurement file, whether maintained with the procurement file or at a separate location. Contract Administration documentation must include:

(a) An executed Contract, if maintained separate from the procurement file;

(b) The record of the actions used to administer the Contract;

(d) The name and contact information for the Contract administrator and any technical representative delegates, together with a description of duties delegated to any technical representative;

(e) All executed amendments;

(f) Claims related to the Contract;

(g) Release of claims documents; and

(h) Copies of invoices, project status reports, receiving records and Contract close-out documents, as applicable.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0370 Amendments to Contracts

(1) Generally. DOC may amend a Contract without additional competition in any of the following circumstances:

(a) The amendment is within the scope of:

(A) The Solicitation Document or other document inviting participation in procurements, if any;

(B) The sole-source notice or the specialty procurement, if any; or

(b) These Division 160 rules otherwise permit DOC to Award a Contract without competition for the goods or services to be procured under the amendment.

(d) The amendment results from renegotiation of the terms and conditions, not exclusive to Contract Price, of a Contract and the amendment is Advantageous to DOC, subject to all of the following conditions:

(A) The goods or services to be provided under the amended Contract are the same as the goods or services to be provided under the un-amended Contract;

(B) DOC determines that, with all things considered, the amended Contract is at least as favorable to DOC as the un-amended Contract; and

(C) The amended Contract does not have a total term greater than allowed in the Solicitation Document or other document inviting participation in procurements, if any, or if no Solicitation Documents, as described in the applicable specialty rule, if any, after combining the initial and extended terms. For example, a one-year Contract described as renewable each year for up to four additional years, may be renegotiated as a two to five-year Contract, but not beyond a total of five years.

(2) For purposes of section (1) of this rule, an amendment is not within the scope of a Solicitation Document, other document inviting participation in procurements, a sole-source notice, specialty procurement, or a Contract if DOC determines that the changes contained in the amendment, had they been described in those procurement documents, would likely have increased competition or affected the award of the Contract.

(3) Contracts from Small Procurements. DOC may amend a Contract Awarded as a small procurement pursuant to section (1) of this rule, provided that the total increase in price does not exceed the amount set forth in OAR 291-160-0280 for small procurements. DOC may amend a Contract Awarded as a small procurement regardless of the dollar amount of the amendment as provided in subsection (1)(b) of this rule.

(4) Price Agreements. DOC may amend a Price Agreement as follows:

(a) As permitted by the Price Agreement;

(b) If DOC fails to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program operation authority, sufficient, as determined in the discretion of DOC, to sustain purchases at the levels contemplated at the time of contracting;

(c) Due to any change in law, program termination, or facility closure that makes purchases under the Price Agreement no longer authorized or appropriate for DOC’s use; or

(d) As otherwise permitted by applicable law.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Or. Admin. R. 291-160-0380 Termination of Price Agreements

DOC may terminate a Price Agreement as follows:

(1) As permitted by the Price Agreement;

(2) If DOC fails to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program operating authority, sufficient, as determined in the discretion of DOC, to sustain purchases at the levels contemplated at the time of contracting;

(3) Due to any change in law, program termination, or facility closure that makes purchases under the Price Agreement no longer authorized or appropriate for DOC’s use; or

(4) As otherwise permitted by applicable law.

History

Statutory/Other Authority: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.438, 423.020, 423.030 & 423.075
DOC 11-2022, adopt filed 11/07/2022, effective 01/01/2023

Division 163 PURCHASING — WORK PROGRAMS

Or. Admin. R. 291-163-0010 Authority and Purpose

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040(1)(d), 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030, and 423.075(5)(d).

(2) Purpose: The Department of Corrections is subject to the Department of Administrative Services purchasing rules unless otherwise excepted or exempted. ORS 421.438 provides that “ORS Chapter 279 and 291.021 do not apply” to certain prison operations and programs, as defined in OAR 291-163-0020(6). Additionally, Article I, Section 41(9) of the Oregon Constitution provides that “prison industry work programs shall be exempt from statutory competitive bid and purchase requirements.” Accordingly, the purpose of these rules is to set forth guidelines for the:

(a) Purchase of property and services for such inmate work programs;

(b) Disposal of surplus property for an inmate work program;

(d) Process to establish certain contractual relationships between Corrections Industries and private entities to generate and establish such inmate work programs.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0020 Definitions

(1) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director or administrator and has responsibility for delivery of services or coordination of operations.

(2) Industries: Department of Corrections, Corrections Industries.

(3) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(4) Inmate Product: Forming anew or transforming (e.g., creating, producing, manufacturing, or mining) of a tangible item by an inmate, and to which the inmate has added substantial value.

(5) Inmate Service: Labor or other services rendered directly by inmates that does not result in adding substantial value to the production of a tangible item, and which may include certain restoration activities, packaging, handling, dismantling, and incidental processing.

(6) Prison Operations and Programs: Inmate work programs, forest and work camps, farm and agricultural operations and programs, food services operations and programs, facility or property maintenance operations, and programs and vocational or work training programs defined as follows:

(a) Inmate Work Programs: The Department’s programs that sell inmate services or inmates products to other Department programs, other state agencies, local governments, private entities or the general public;

(b) Forest and Work Camps: Forest camp operations that are established and subject to the provisions of ORS 421.450 to 421.480, and work camp operations established under 421.490;

(c) Farm and Agricultural Operations and Programs: Operations and programs for the production, processing, packaging, sale, distribution or disposal of the Department’s agricultural products or by-products;

(d) Food Services Operations and Programs: Operations and programs for the purchase, distribution, preparation and delivery of food and food services to the Department’s institutions and facilities;

(e) Facility or Property Maintenance Operations and Programs: Operations and programs for the maintenance, janitorial, carpentry, landscaping and repair services for the Department’s administration buildings, institutions, offices and warehouses;

(f) Vocational or Work Training Programs: Programs for the education or occupational training of inmates.

(7) Private Entity: Person, corporation, partnership or other business or private party recognized by law.

(8) Property: Personal property, including inventory, goods or equipment. Property does not include real property.

(9) Purchase: Acquisition of property or services with cash or a cash equivalent, or an exchange of surplus property, inmate products, or inmate services. Purchase includes acquisition by true lease, but does not include acquisition by lease purchase or other financing agreements unless:

(a) The Director or his/her designee, in consultation with the Department of Justice, determines such financing agreement is lawful; and

(b) The financing agreement is approved, when necessary, by the Department of Administrative Services and the Prison Industries Board.

(10) Sale or Sell: Includes, but is not limited to a sale, transfer, lease, disposition, grant or other conveyance of inmate products, the provision of or leasing of inmate services, or the surplus property of a program.

(11) Services: Labor or services performed by an independent contractor for temporary labor, trade-related activities or in such contractor’s professional capacity.

(12) Surplus Property: All personal and real property, vehicles, and titled equipment excess to the state agency’s needs and available for sale. Surplus property does not include inmate products.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0030 Authority and Approval of Purchases and Sales for Programs

(1) Functional unit managers or their designees have authority to effect and must approve the purchase of property and services, sale of inmate products and inmate services, and the sale of surplus property in accordance with Department of Administrative Services rules governing such transactions and the Department of Corrections rule on Purchasing.

(2) The Inmate Work Programs Administrator or his/her designee has authority to effect and must approve the purchase of property and services, the sale of inmate products and inmate services, and the sale of surplus property for prison operations and programs in accordance with these rules.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0040 Purchases

(1) Solicitation: The Inmate Work Programs Administrator or the Fiscal Services Administrator, as appropriate, or their designees must obtain no fewer than three quotes from vendors, contractors, manufacturers, owners or suppliers of the subject purchase or class of purchases, unless they make written findings stating:

(a) There is insufficient time to obtain three or more quotes without negatively affecting the ability of a program to provide timely services; or

(b) Obtaining three or more quotes may negatively affect the value of the property or increase the cost of the services; or

(c) The property or services are only practicably available from one vendor, or a specific vendor is preferred due to availability, capacity, experience, reputation, performance history or other stated reasons; or

(d) The selection of the particular vendor, contractor, manufacturer, owner, or supplier will help achieve public policy objectives including, but not limited to the promotion of emerging small, disadvantaged, minority-owned and/or women-owned businesses and qualified rehabilitation facilities as defined in ORS 279.835;

(e) The requirement to obtain no fewer than three competitive quotations, unless exempted based upon criteria stated in (a) through (d) above, shall apply to purchases with cost estimates equal to or exceeding the minimum dollar values specified by the then current Department of Administrative Services Purchasing rule as requiring three or more competitive quotations.

(2) Negotiation: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may acquire property or services by negotiation. Upon identification of one or more potential vendors, contractors, manufacturers, owners, or suppliers, the Inmate Work Programs Administrator or functional unit manager, or their designees, may negotiate and execute a contract setting forth the substance, terms, and conditions of the purchase, subject to approval by the Prison Industries Board, where appropriate. (See OAR 291-163-0070).

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0050 Sales

(1) Offer: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may offer for sale or exchange personal property, equipment, inventory, or inmate services or inmate products. Offer for sale or exchange may take place through retail, wholesale, barter, auction, private treaty, or by any other lawful means.

(2) Negotiation: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may sell surplus property or inmate products or inmate services by negotiation. Upon identification of one or more potential purchasers, the Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may negotiate an agreement setting forth the substance, terms, and conditions of the sale, subject to approval by the Prison Industries Board, where appropriate. (See OAR 291-163-0070)

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0060 Surplus Property

(1) Property is only “surplus property” when designated in writing as such by the Inmate Work Programs Administrator or Fiscal Services Administrator, or their designees who will also make written findings that such property is no longer useable by or useful to a program.

(2) Trade: The Inmate Work Programs Administrator or Fiscal Services Administrator, as appropriate, or their designees may dispose of surplus property by trading in such property to purchase like property of comparable function. The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may negotiate and execute an agreement for trade setting forth the substantive terms and conditions of the trade.

(3) Sale: The Inmate Work Programs Administrator or Fiscal Services Administrator, as appropriate, or their designees may dispose of surplus property by sale of such property. Sale of surplus property shall be conducted so as to provide the highest sale price possible given market conditions and the value of the surplus property to be sold. The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may negotiate and execute an agreement for sale setting forth the substantive terms and conditions of the sale.

(4) Dedicated Funds: To the extent dedicated funds are used for the purchase of property, the Inmate Work Programs Administrator or Fiscal Services Administrator, as appropriate, or their designees will take steps to ensure that any property, cash or cash equivalent received for such surplus property by trade or sale shall remain in the program for which such surplus property was purchased.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0070 Prison Industries Board Approval

Under Article I, Section 41 of the Oregon Constitution, “agreements with private enterprise as to state prison work programs must be approved by the Prison Industries Board.” All such agreements obtained, negotiated, and executed under these rules (OAR 291-163-0010 through 291-163-0090) are subject to approval by the Prison Industries Board.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0080 Agreements With Private Enterprise

The Department will make efforts to establish contractual relationships with private entities to create, establish, and expand its inmate work programs. Any contractual relationship between the Department and a private entity to jointly produce, create, mine, manufacture, or use inmate products or inmate services in a manner that is reasonably designed and managed to achieve either net cost savings in maintaining the State of Oregon’s government operations, or a net profit for the Department’s private sector activities will be an agreement for purposes of its private enterprise program. Subject to approval by the Prison Industries Board, the Inmate Work Programs Administrator or his/her designee shall have authority to negotiate, approve, and execute a contract or agreement with a private entity under its private enterprise program.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Or. Admin. R. 291-163-0090 Application of Federal Law

Notwithstanding any provisions in these rules, the applicable federal laws, rules, and regulations shall govern if federal funds are used in the transaction and such laws, rules, or regulations conflict with these rules.

History

Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075
CD 13-1997, f. 7-23-97, cert. ef. 8-1-97
CD 6-1997(Temp), f. & cert. ef. 4-10-97

Division 167 JAIL INSPECTIONS

Or. Admin. R. 291-167-0005 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of Department of Corrections in accordance with ORS 169.070, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To provide coordinated state services to local governments with respect to local correctional facilities and juvenile detention facilities within the State of Oregon.

(3) Policy: It is the policy of the Department of Corrections to designate employees within the state to:

(a) Provide technical assistance to local governments in planning and operation of county correctional facilities.

(b) Inspect local facilities for compliance with standards established in ORS 169.070, 169.076 to 169.078, 169.740, 419A.052, 419A.061 and 419B.180.

(d) Review plans for new construction or major renovation of local correctional facilities, temporary holds, lockups, and juvenile detention facilities providing advisory recommendation on safety and security as provided in ORS 169.085.

(e) Develop, publish, distribute, and maintain a manual of recommended guidelines for the operation of local correctional facilities, lockups, temporary holds, and juvenile detention facilities as provided in ORS 169.090.

History

Statutory/Other Authority: ORS 169.070, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 169.070 - 169.750, 179.040, 419A.052, 419A.061, 419B.180, 423.020, 423.030 & 423.075
DOC 26-2026, amend filed 08/24/2026, effective 08/24/2026
DOC 3-2016, f. & cert. ef. 2-29-16
DOC 5-2001, f. & cert. ef. 2-7-01
CD 31-1986, f. & ef. 9-19-86
CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86

Or. Admin. R. 291-167-0010 Definitions

(1) Adult in Custody: For the purposes of these rules, a person held with criminal charges or sentenced to the facility.

(2) Detainee: A person held with no criminal charges.

(3) Juvenile Detention Facility: A facility as described in ORS 419A.050 and 419A.052 and which includes local correctional facilities and lockups where juveniles are detained.

(4) Local Confinement Facility: Any facility operated by local government entity for the purpose of holding or lodging adults in custody, detainees, or juveniles.

(5) Local Correctional Facility: A jail or prison for the reception and confinement of adults in custody that is provided, maintained, and operated by a county or city and holds people for more than 36 hours.

(6) Lockup: A facility for the temporary detention of arrested persons held up to 36 hours, excluding holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96 hours after booking.

(7) Major Renovation: A plan to alter a local confinement facility to the extent that security, supervision of adults in custody, or general operation is changed. Major renovation is the restructuring or adding to any portion of a building which is designed and used for confinement, that equals 50 percent of the total value of that area, or 50 percent of the total square feet of space.

(8) Temporary Hold: A facility, the principal purpose of which is the temporary detention of an adult in custody or detainee for four or less hours while awaiting court appearance or transportation to a local correctional facility.

History

Statutory/Other Authority: ORS 169.070, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 169.070 - 169.750, 179.040, 419A.052, 419A.061, 419B.180, 423.020, 423.030 & 423.075
DOC 26-2026, amend filed 08/24/2026, effective 08/24/2026
DOC 3-2016, f. & cert. ef. 2-29-16
DOC 5-2001, f. & cert. ef. 2-7-01
CD 31-1986, f. & ef. 9-19-86
CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86

Or. Admin. R. 291-167-0015 Procedures

The state jail inspector:

(1) Shall provide technical assistance, inspection of facilities, and review renovation and new construction plans for all confinement facilities within the state and take appropriate action to ensure compliance with standards established in ORS 169.076 to 169.078, 419A.052 and 419B.180.

(2) Will respond to requests for assistance from county commissioners, sheriffs, county legal counsel, mayors, chiefs of police, and city attorneys within a reasonable time frame agreed upon with the requesting parties.

(3) Will routinely inspect local confinement facilities and report their findings with respect to the appropriate statutory standards to the authorities responsible for the facility’s operation and control.

(a) County adult confinement facilities reports will be forwarded to the facility director, county commissions, and sheriff of the county.

(b) Juvenile confinement facility reports will be forwarded to the chair of the county commissioners, juvenile court director, or facility manager.

(4) Will establish and maintain a file for each of the confinement facilities within the state and for those contracted out of state which contains:

(a) Most recent inspection report;

(b) Fire Marshall inspection report;

(d) Other pertinent correspondence and information relevant to the facility.

(5) Will, for local confinement facilities found to be noncompliant with the applicable standards:

(a) Notify the appropriate authority responsible for the facility’s operation in writing, specifying the violation or condition of non-compliance and providing a reasonable timeframe for correction.

(b) If compliance is not met, the state jail inspector will notify the Director of the Department of Corrections who shall refer the matter to the Attorney General for action as authorized by ORS 169.080.

(6) Will review new construction and major renovation plans submitted by local government and make appropriate recommendations to the local government agency within 45 days of submission of the plans.

History

Statutory/Other Authority: ORS 169.070, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 169.070 - 169.750, 179.040, 419A.052, 419A.061, 419B.180, 423.020, 423.030 & 423.075
DOC 26-2026, amend filed 08/24/2026, effective 08/24/2026
DOC 3-2016, f. & cert. ef. 2-29-16
DOC 5-2001, f. & cert. ef. 2-7-01
CD 31-1986, f. & ef. 9-19-86
CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86

Division 171 GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS)

Or. Admin. R. 291-171-0005 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish department policy and procedures for offender communication with staff and the administration of the department’s internal grievance review and appeal system for offenders under the supervision of the Department of Corrections.

(3) Policy:

(a) It is the policy of the Department of Corrections to encourage offenders to address their concerns informally with appropriate staff and managers through either dialog or informal written communication.

(b) Recognizing that due to the complex nature of the community corrections setting some issues or disputes between staff and offenders may not be readily resolved at an informal level, it is the policy of the Department of Corrections to permit and encourage offenders to seek resolution of issues or disputes using the department’s offender grievance review and appeal system established in these rules.

(c) Within the inherent limitations of resources, it is the policy of the Department of Corrections that all offenders be treated fairly and equitably, and that staff actions and decisions be consistent with the rules, policies and procedures of the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0010 Definitions

(1) Administrative Directive: A term used to describe in general a Department of Corrections rule or policy signed by the Director or Deputy Director.

(2) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.

(3) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department sanctioned assignment to provide services or support to department programs.

(4) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.

(5) Deviate Sexual Intercourse: Sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.

(6) Grievance Coordinator: The Community Corrections Division staff member responsible for communicating directly with the offender about grievance related matters.

(7) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county.

(8) Offender: Any person under the supervision of the Department of Corrections who is on parole, probation, post-prison supervision, or for the purposes of this rule only, on non-prison or short-term transitional leave status.

(9) Sexual Contact: Any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

(10) Sexual Intercourse: Has its ordinary meaning and occurs upon any penetration, however slight, emission is not required.

(11) Volunteer: An approved person who donates time, knowledge, skills and effort to enhance the mission, activities and programs of the department.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0015 Offender-Staff Communications (General Principles)

(1) Proper and effective communication between offenders and staff is an essential component of community supervision.

(a) Offenders and staff communicate with each other not only with their choice of words (oral or written), but also non-verbally through their manner, tone, and approach (commonly referred to as "body language").

(b) Offenders and staff are jointly responsible for ensuring their choice of words, manner, tone and approach are appropriate to properly and effectively convey their intended information and ideas to one another.

(2) Offenders shall communicate with staff in a civil and respectful tone and manner.

(3) Staff shall communicate with offenders in a professional manner that fosters respect and confidence. Staff directives given to offenders should be clear and concise.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0020 Grievance Review System

(1) General Requirements:

(a) If an offender is unable to resolve an issue through informal communications, the department encourages the offender to seek resolution of the issue by submitting a written grievance using the Offender Grievance form (CD117 CC) in accordance with these rules. As with informal communications, offenders should use a civil and respectful tone and manner in their written grievances to attempt to resolve the issue or concern.

(b) An offender grievance must include a complete description of the incident, action, or application of the rule being grieved, including date and approximate time. Only supporting documentation that directly relates to the issue being grieved, such as official reports, action plans, etc., should be attached and submitted with the grievance.

(d) An offender may submit only his/her signature on a grievance form.

(e) If an offender attempts to grieve an issue by use of any written communication other than the department’s approved grievance form, the communication shall be returned to the offender with instructions to resubmit the grievance on the department’s approved grievance form.

(2) An offender may file a single grievance concerning any of the following matters:

(a) The misapplication of any administrative directive or operational procedure;

(b) The lack of an administrative directive or operational procedure;

(c) Any unprofessional behavior or action which may be directed toward an offender by an employee, contractor, or volunteer of the Department of Corrections;

(d) Any oversight or error affecting an offender;

(e) The loss or destruction of property as designated in ORS 144.404 to 144.409.

(f) Sexual contact, solicitation or coercion between an employee, contractor, volunteer of the department and an offender.

(3) An offender cannot grieve the following:

(a) Grievances relating to actions or decisions not within the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision).

(b) Incidents or actions for which there exists a separate appeal or review process as identified by statute or by an OAR that an offender may take part in. A use of force review, as described in OAR 291-022-0210, is not a separate appeal or review process for purposes of this rule.

(d) Claims or issues for which the offender has filed a Notice of Tort Claim with the Oregon Department of Administrative Services, Risk Management Division;

(e) Claims or issues the offender has pursued or is pursuing in pending litigation in state or federal courts; or

(f) Group grievances representing other offenders, or acts where an offender is a spokesperson for other offenders.

(5) An offender may not file more than one grievance regarding a single incident or issue unless more than one employee, volunteer, or contractor is directly involved in the incident. A separate grievance must be filed for each individual.

(6) An offender may file a grievance regarding the same issue as a previously filed grievance provided there is another incident and new information is available about the issue.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0025 Filing a Grievance

(1) Offender grievances must be submitted to the Community Corrections Division grievance coordinator on the Offender Grievance form (CD117 CC). Instructions for filing a grievance are found on the Offender Grievance Instruction form (CD117a CC).

(2) To obtain a grievance review, the Community Corrections Division grievance coordinator must receive an offender’s grievance within 30 calendar days of the date of the incident giving rise to the grievance.

(a) An offender may file a grievance past the 30 days of the incident if the offender can demonstrate why the grievance could not be filed within the timelines established by rule.

(b) Untimely grievances that fail to make that showing shall be returned to the offender with a statement of the rule.

(3) The grievance coordinator shall date stamp and log the grievance form upon receipt.

(4) If an offender cannot complete the grievance form due to language, physical, or competency and capacity barriers, another person may complete the form. However, the offender submitting the grievance must sign the grievance form. Translation services or other assistance for submission of a grievance form for non-English speaking offenders or offenders that have difficulty with reading and writing will be made available upon request.

(5) Local State Directors or designees shall ensure the approved offender grievance forms are readily available to offenders under the supervision of the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0030 Processing Offender Grievances

(1) Upon receiving an offender grievance, the grievance coordinator will assign the grievance a number, date stamp, and record its receipt in an offender grievance log.

(a) After the offender grievance has been logged, the grievance coordinator will send a grievance receipt to the offender.

(b) The grievance coordinator will coordinate with the appropriate staff or, if deemed more suitable, the appropriate manager by sending the grievance and a grievance response form (CD 117b CC) to the staff or manager respondent for reply.

(c) The respondent will complete the form and submit it to his/her manager for review and signature. The response shall be returned to the grievance coordinator for processing within 21 calendar days.

(2) After recording receipt of the receipt, the grievance coordinator will send the offender grievance and employee’s, contractor’s, or volunteer’s response to the offender and retain copies for the file.

(a) The grievance coordinator will complete processing of the grievance within 45 days from the date the grievance was received from the offender, unless further investigation is necessary.

(b) If the grievance is not processed within this timeframe, the grievance coordinator will make an effort to notify the offender of the status of the grievance. If the offender does not receive a response within the allotted time frame, he/she may contact the grievance coordinator.

(3) Grievance responses may be consolidated.

(4) If at any time the grievance coordinator determines the offender has pursued his/her issue through state or federal courts, or has filed a notice of tort claim, the grievance process will cease and the grievance will be returned to the offender. The grievance coordinator will retain a copy of the offender’s grievance and document the date and reason for return of the grievance.

(5) A grievance that has been returned to the offender by the grievance coordinator for procedural reasons cannot be appealed. If a grievance is returned to the offender because it does not comply with these rules, the offender may elect to resubmit the grievance to the grievance coordinator within 14 calendar days from the date the grievance was sent back to the offender if the procedural errors can be corrected.

(6) Once an offender is no longer under the supervision of the Department of Corrections, any pending grievances or pending appeal responses will be completed and held on file unless other arrangements have been made with the grievance coordinator. No further appeals will be accepted for processing once the offender is no longer under the supervision of the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0035 Grievance Appeals

(1) Appeals of the Initial Grievance (First Appeal Process):

(a) An offender may appeal the initial grievance response using the Grievance Appeal form (CD 117c CC). The appeal must be submitted to the grievance coordinator together with the original grievance, attachments and staff response(s).

(A) The scope of the original grievance cannot be expanded. No additional information may be submitted unless the information was unavailable to the offender at the time the original grievance was filed and the information is directly related to the alleged issue being grieved.

(B) After the appeal has been date stamped and logged, the offender will be issued a return receipt, and the grievance appeal will be forwarded to the Local State Director having authority to review and resolve the issue.

(b) Appeal Timelines: The grievance coordinator must receive an appeal within 14 calendar days from the date that the grievance response was delivered to the offender from the grievance coordinator.

(c) A grievance appeal that has been returned to the offender by the grievance coordinator for procedural reasons cannot be appealed. If a grievance appeal is returned to the offender because it does not comply with these rules, the offender may elect to resubmit the grievance appeal to the grievance coordinator within 14 calendar days from the date the grievance appeal was sent back to the offender if the procedural error can be corrected.

(d) The Local State Director shall respond to the offender’s grievance appeal within 30 calendar days from the date the appeal was received by the Local State Director. The Local State Director will return the grievance appeal and the response back to the grievance coordinator.

(2) Appeal of the Local State Director Decision (FINAL Appeal Process):

(a) An offender may appeal the Local State Director’s decision using the Grievance Appeal form (CD 117c CC). The appeal must be submitted to the grievance coordinator together with the original grievance, attachments, staff responses and documentation related to the first grievance appeal.

(A) The scope of the original grievance cannot be expanded. No additional information may be submitted unless the information was unavailable to the offender at the time the original grievance or first-level appeal was filed and the information is directly related to the alleged issue being grieved.

(B) After the appeal has been date stamped and logged, the offender will be issued a return receipt. The grievance appeal will be forwarded to the Assistant Director of Community Corrections to review and resolve the issue.

(b) The Assistant Director of Community Corrections or designee shall review the final grievance appeal. If is determined additional facts should have been gathered or additional witnesses interviewed, the grievance appeal will be referred back to the functional unit grievance coordinator. Upon completion of the investigation, the Assistant Director of Community Corrections or designee shall complete the review.

(c) Final Appeal Timelines: The grievance coordinator must receive the final appeal within 14 calendar days from the date that the first grievance appeal response was sent to the offender from the grievance coordinator.

(A) An offender may file a grievance appeal past the 14 day timeline if the offender can demonstrate why the grievance appeal could not be filed within the timelines established by rule.

(B) Untimely grievances that fail to make that showing shall be returned to the offender with a statement of the rule.

(d) A grievance appeal that has been returned to the offender by the grievance coordinator for procedural reasons cannot be appealed. If a grievance appeal is returned to the offender because it does not comply with these rules, the offender may elect to resubmit the grievance appeal to the grievance coordinator within 14 calendar days from the date the grievance appeal was sent back to the offender if the procedural errors can be corrected.

(e) The Assistant Director or designee shall respond to the offender’s grievance appeal within 30 calendar days from the date the appeal was received by the Assistant Director.

(f) The Assistant Director’s or designee’s decision on an offender’s grievance appeal is final, and is not subject to further review.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0040 Sexual Misconduct Grievances

(1) For purposes of this rule, sexual misconduct is defined as an employee, contractor, or volunteer of the Department of Corrections engaging in sexual intercourse or deviate sexual intercourse with another person or penetrates the vagina, anus, or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is:

(a) Participating in a work crew or work release program; or

(b) On probation, parole, post-prison supervision or other form of conditional or supervised release.

(2) Grievances alleging sexual misconduct must be submitted to the grievance coordinator on the Offender Grievance form (CD117 CC). The grievance should have the words “sexual misconduct grievance” clearly written on the top of the grievance form.

(3) There is no time limit on when an offender may submit a grievance regarding an allegation of sexual misconduct.

(4) Third parties, including staff members, family members, attorneys, and outside advocates, shall be permitted to assist offenders in filing requests for administrative remedies relating to allegations of sexual misconduct, and shall also be permitted to file such requests on behalf of offenders.

(a) If a third party files such a request on behalf of an offender, the department may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.

(b) If the offender declines to have the request processed on his or her behalf, the department shall document the offender’s decision.

(5) The grievance coordinator may not refer a grievance alleging sexual misconduct to a staff member who is the subject of the grievance. The grievance coordinator will coordinate with the appropriate manager by sending the grievance and a grievance response form (CD 117b CC) to the manager respondent for reply.

(6) An offender may appeal the initial grievance response using the Grievance Appeal form (CD 117c CC). The appeal must be submitted to the grievance coordinator together with the original grievance, attachments and manager’s response.

(7) The department shall issue a final decision on the merits of any portion of a grievance alleging sexual misconduct within 90 days of the initial filing of the grievance.

(a) Computation of the 90-day time period shall not include time consumed by offenders in preparing any administrative appeal.

(b) The department may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The department shall notify the offender in writing of any such extension and provide a date by which a decision will be made.

(c) At any level of the administrative process, including the final level, if the offender does not receive a response within the time allotted for reply, including any properly noticed extension, the offender may consider the absence of a response to be a denial of the allegations made by the offender at that level.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2020, amend filed 11/09/2020, effective 11/09/2020
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0045 Abuse of Grievance Review System

(1) An offender shall submit no more than two initial offender grievances in any one week or six in any calendar month. This will not apply to grievances regarding allegations of sexual misconduct. A week is defined as Sunday through Saturday.

(a) Initial grievances submitted in excess of two grievances in any one week or six in any calendar month will be denied and returned to the offender, noting that offender has abused the grievance review system.

(b) Grieving multiple staff involved in one incident counts as filing one grievance.

(2) If a life, health or safety situation arises whereby there is valid reason to submit more than two grievances in one week or six in a calendar month, the offender must clearly state in writing the reason for submission of the grievance above the number allowed. If the grievance coordinator determines that these reasons are not clear, concise or valid for submission of an additional grievance, the grievance will be returned to the offender denied.

(3) Actions taken against an offender who has abused the grievance review system under these rules are not grievable.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Or. Admin. R. 291-171-0050 Retention and Filing of Offender Grievances

(1) The grievance coordinator will retain a file copy of grievances with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records.

(2) Offender grievances will not be filed in the offender’s working file.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018

Division 172 LEAP – LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION

Or. Admin. R. 291-172-0100 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.142, 423.020, 423.030, and 423.075.

(2) Purpose: To expand opportunities for adults in custody to constructively use non-programming time to engage in a positive learning experience with the possibility to earn funds for use during incarceration or after release.

(3) Policy:

(a) It is the policy of the Department of Corrections (DOC) that program eligible adults in custody within participating facilities may be allowed to create and sell or otherwise dispose of items of authorized handiwork.

(b) It is the policy that the price of handiwork products for sale will be market-based. ORS 421.405 prohibits officers and employees of the state from receiving the use or profit of the labor or services of any adult in custody.

(c) It is the policy that LEAP participants purchase all raw materials and tools used for the creation of handiworks, receive the net profits from any sales of those handiworks, and reimburse DOC for state resources used in the creation of those handiworks and to operate the LEAP program.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0110 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Approved vendor: A vendor approved by a Department of Corrections participating facility to send raw materials, supplies, or tools to an AIC who is participating in a LEAP program.

(3) Bench fee: A program fee charged to an AIC LEAP participant to have access to and use a bench and associated workspace, and which is used to cover part of the cost associated with operating a LEAP program. Bench fees shall be collected monthly through the submission of a request for withdrawal of funds and deposited in an appropriate administration trust account within Central Trust.

(4) Business transaction: A transaction involving the purchase, sale, or delivery of merchandise, commodities, or services.

(5) Consignment: A business transaction in which a seller sends goods to a buyer or reseller who pays the seller only when the goods are sold.

(6) Customer:Any person or organization soliciting an arrangement of services or goods that may be provided through a work program, LEAP program, or work-based education program. Examples include, but are not limited to, DOC staff, the public, other agencies, internal DOC units, and outside entities.

(7) Department of Corrections facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(8) E-commerce portal: A DOC-approved internet website that allows for the purchase of products created by an AIC LEAP participant or DOC created goods.

(9) Expense: Something spent, frequently money, to secure a benefit or bring about a result.

(10) Functional unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(11) Functional Unit Manager (FUM): Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an Administrator and has responsibility for the delivery of program services or coordination of program operations.

(12) Handiwork (products): Craftwork or items that are made from raw materials purchased by the AIC LEAP participant in an approved LEAP program.

(13) Learning Entrepreneurship, Arts and Production (LEAP): A program in which an AIC LEAP participant is authorized to operate a sole proprietorship for the purpose of creating products by hand using their own resources, artistic talents, and skills, and selling those products to customers within Oregon, and depositing net profit from those sales into the participant’s trust account in accordance with DOC rule 291-158 Trust Accounts (AIC).

(14) LEAP participation agreement: An agreement that outlines responsibilities between DOC and a LEAP AIC LEAP program participant.

(15) LEAP program supervisor: DOC manager responsible for the overall operation of a LEAP program.

(16) Market-based pricing: A price established for a product created in the LEAP program that is based on: the actual cost of materials used to create the product; the estimated or actual labor cost to create the product (determined by multiplying the estimated or actual number of hours by the state minimum wage rate); other overhead incurred to create the product; and any additional markup so as to not be sold below market value.

(17) Net profit: Revenue(s) minus transactional expense(s) and fee(s), including but not limited to credit card merchant fees.

(18) Non-employee service provider (NSP): An individual who provides services or programs to the department or to adults in custody or adults on supervision, but not as a paid employee of the department. Examples of non-employee service providers include contractors, volunteers, mentors, criminal justice partners, and government agency partners.

(19) Non-programming time: Time outside of qualified work or educational programming.

(20) Participating facility: Prison facilities approved by the Assistant Director of Operations and the Chief Financial Officer to participate in the LEAP program.

(21) Program fee: Any fee that is charged to an AIC LEAP participant that is related to participation in a LEAP program. These fees are to assist with offsetting costs incurred by DOC to operate a LEAP program within a Department of Corrections facility and to provide the adults in custody with an opportunity to pay business expenses normally associated with operating a business that they would have to pay for directly if their business was not inside a Department of Corrections Facility. Program fees may include, but are not limited to, bench fees, and any additional or miscellaneous fees for expenses an AIC may incur during the creation, marketing, or sale of products.

(22) Revenue: Money generated from the sale of goods or services.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0120 General

(1) A participating facility shall be approved by the Assistant Director of Operations and the Chief Financial Officer (CFO).

(2) The FUM or designee of each DOC facility offering a LEAP program to AICs shall establish a facility LEAP procedure and LEAP program participation agreement.

(a) The participation agreement will cover specific program standards and protocols.

(b) The participation agreement will be signed by designated staff and the participating AIC annually and kept on file at the facility.

(3) The FUM or designee will designate any area where handiwork items may be created. If the designated area is a housing unit, AIC LEAP participants shall be issued a designated storage container in which to store their handiwork materials.

(4) The FUM or designee shall determine the number of adults in custody that may participate in the LEAP program. If necessary, assignment to a LEAP program may be rotated to accommodate a greater number of AICs.

(5) AIC LEAP participants shall only work on their own approved handiwork, unless approved by the LEAP program supervisor or designee for educational or skill-building purposes.

(6) All business transactions must be completed using approved department practices.

(7) All handiwork must be approved by the functional unit manager or designee.

(8) Handiworks must be manufactured in designated areas with tools authorized and approved by the institution security manager (ISM) or designee.

(a) Materials for handiwork shall not exceed space availability.

(b) AIC LEAP participants will be held responsible for safety and sanitation of their assigned areas.

(c) AIC LEAP participants are expected to abide by DOC safety and sanitation standards. Safety data sheets shall be maintained in each LEAP program area.

(d) The LEAP Program Supervisor has the authority to approve or deny handiworks.

(9) Participation in a LEAP program is voluntary, and not part of the Performance Recognition and Award System (PRAS).

(10) DOC may assess the following program fees:

(a) Bench fees;

(b) E-Commerce portal fees; and

(c) Other miscellaneous fees that may be appropriate to assess in order to reimburse DOC as business expenses for an AIC LEAP participant, (e.g., postage or shipping costs).

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0130 Program Availability, Program Eligibility, Participation Standards, Program Dismissal, and Reapplication

(1) Program Availability. At the discretion of each facility, an AIC at a participating facility who wishes to participate in a LEAP program shall apply for admission by submitting a written communication to the FUM or designee.

(2) Program Eligibility. In order to participate in a LEAP program, an AIC must meet the following criteria:

(a) Achieve non-cash incentive Level III as described in DOC rule OAR 291-077 Performance Recognition and Award System.

(b) Show sufficient resources are available to pay the program fee and procure needed tools and materials.

(c) Demonstrate behavior that is not a threat to others or to the safe, secure, and orderly operation of the facility. All behavior contradicting DOC established standards may lead to denied participation in a LEAP program.

(d) Sign a LEAP Program Participation Agreement that lists the guidelines of participating in a LEAP program. The signed agreement will be kept on file by the LEAP program supervisor.

(e) Other criteria the FUM may develop to manage LEAP program availability specific to the participating facility are, facility space limitation, and safety and security of the facility, as stipulated in the LEAP program participation agreement.

(3) Participation Standards

(a) Conduct and appearance: Rule violations while participating in a LEAP program can lead to program termination. Participants will abide by the rules for adults in custody regarding conduct and appearance, including OAR 291-105 Prohibited Conduct and Processing Disciplinary Actions and OAR 291-123 Hygiene, Grooming, And Sanitation (AIC).

(b) Business Responsibilities:

(A) AIC LEAP participants may operate as a sole proprietorship. AIC LEAP participants who use an assumed business name must register and maintain the registration of that assumed business name with the Oregon Secretary of State Corporations Division. AIC LEAP participants may not establish corporate business entities (e.g., profit or not-for-profit corporations, limited liability companies, limited partnerships, and limited liability partnerships).

(B) AIC LEAP participants are responsible for understanding and upholding all standards and expectations of applicable federal, state, and local laws regulating the AIC’s business or handicraft activities, including proper bookkeeping, tax payments, or other obligations. Failure to comply with those standards and expectations may result in removal from the LEAP program.

(D) An AIC LEAP participant or agent shall not represent that they act on behalf of or are affiliated with DOC.

(4) Program Dismissal

(a) Lack of attendance, participation, or failure to abide by the LEAP program participation agreement may lead to removal from the program.

(b) An AIC LEAP participant who is no longer producing approved handiworks or benefiting from the program may be removed at the discretion of the functional unit manager or designee.

(c) An AIC LEAP participant may be removed from the LEAP program for violating rules of conduct per OAR 291-105 Prohibited Conduct and Processing Disciplinary Actions, violating LEAP program standards, or failing to comply with applicable federal, state, or local laws regulating the AIC LEAP participant’s business or LEAP activities.

(d) If an AIC LEAP participant becomes a threat to the safety, security, or orderly operation of the facility, the AIC will be removed from participation in the LEAP program. An AIC LEAP participant who is removed from a LEAP program because they have been deemed a threat to the safety, security, or orderly operation of the facility may be permanently removed at the discretion of the FUM.

(e) When an AIC LEAP participant is no longer eligible for, leaves, or is removed from the program, the AIC has a period of 90 days to arrange for the removal of handicraft personal property from the institution. Ninety days after an AIC is no longer in the LEAP program, any remaining handicraft property will be disposed of or removed in accordance with the DOC rule Personal Property (AIC) OAR 291-117.

(f) An AIC LEAP participant may be suspended or terminated from the LEAP program if the department receives notice of a claim of intellectual property right infringement against the AIC LEAP participant.

(g) In the event an AIC LEAP participant is found to have conducted unauthorized sales, the AIC LEAP participant may be permanently prohibited from participation in LEAP Programs.

(5) Reapplication. Unless otherwise prohibited, an AIC may reapply to a LEAP Program six months after removal, discontinuing, or leaving a LEAP program, in accordance with eligibility and admission criteria established in sections (1) and (2) above. Exceptions may be allowed and approved by the FUM.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0140 Procurement and Management of Materials

(1) AIC LEAP participants are responsible for all costs associated with operating their business, including the purchase of raw materials, supplies, and tools.

(2) All raw materials, supplies, and tools must be preauthorized and purchased from an approved vendor. Any supplies received without prior approval will be returned at the AIC LEAP participant’s expense.

(3) AIC LEAP participants shall not sell, trade, or otherwise dispose of raw materials, supplies, and tools to another AIC LEAP participant.

(4) An up-to-date tool and material inventory list shall be maintained by the LEAP program supervisor or designee and stored in the AIC LEAP participant’s designated storage space.

(5) Each participating facility will establish protocols for property storage. Inventory storage may vary based on space available at the participating facility.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0150 Security of Tools, Equipment, and Workspace

(1) AIC LEAP participant control of tools and equipment, including hazardous materials, shall be in accordance with the LEAP participation agreement. The AIC LEAP participant shall be responsible for producing written authorization for handiwork materials upon request.

(2) AIC LEAP participants may not manufacture tools or equipment in DOC facilities without prior approval from the ISM or designee. All approved tools manufactured will be added to the AIC LEAP participant’s inventory by the LEAP program supervisor or designee.

(a) All raw materials, tools, and supplies purchased by an AIC LEAP participant are AIC property and subject to DOC rule Personal Property (AIC) OAR 291-117.

(b) AIC LEAP participants are responsible for the care and maintenance, and any costs therein, for tools and supplies.

(3) Workspace

(a) AIC LEAP participants must follow all safety and security protocols within the institution regarding maintenance of their workspace.

(b) Workspaces will be organized, free of excess clutter, and tools will be secured when not in use.

(c) AIC LEAP participant’s property that exceeds the designated storage space will be disposed of in accordance with DOC rule Personal Property (AIC) OAR 291-117.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0160 Personnel Supervision

(1) LEAP program staff shall retain a copy of each LEAP participation agreement.

(2) Designated staff may make unannounced inspections and monitor the physical area of the program, as well as the program activities. Periodic review and inspection of inventories may be made of tools and materials.

(3) The primary responsibility for supervision of the LEAP program will be with the LEAP program supervisor. Any security staff member may monitor or search program materials in accordance with DOC rule Searches (Institutions) OAR 291-041.

(4) The LEAP program supervisor or designee will observe and verify the content of all packages being prepared for mailing or pickup.

(5) The LEAP program supervisor or designee will ensure that items sent to the mail room for mailing or pickup were made by the AIC LEAP participant and correspond with the AIC LEAP participant’s approved handicraft.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0170 Product Assurance and Disposition

(1) Product Assurance

(a) AIC LEAP participants are responsible for maintaining appropriate documentation that establishes finished goods are, in fact, products of legitimately acquired materials.

(b) The AIC LEAP participant is responsible for ensuring accuracy of product authenticity and descriptions.

(c) It is the responsibility of the AIC LEAP participant to conduct their business under full compliance with federal and state laws regulating patents, copyrights, trademarks, or other intellectual property rights.

(2) Disposition

(a) Completed handiwork items may be mailed out in compliance with DOC rule Mail (AIC) OAR 291-131 or kept if in compliance with DOC rule Personal Property (AIC) OAR 291-117.

(b) DOC will not be responsible for lost, stolen, or damaged handiwork items, or monies.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Or. Admin. R. 291-172-0180 Product Sales and E-Commerce Portal

(1) Pricing and Transactions

(a) All sales must be in full compliance with local, state, and federal laws, and therefore goods may not be sold outside of Oregon.

(b) An AIC LEAP participant may conduct sales in the community pursuant to all local, state, and federal laws.

(d) AIC LEAP participants are not allowed to make special deals or offers to customers.

(e) All sales are final, and no refunds will be given. Exceptions are at the discretion of the LEAP program supervisor and must be approved by the FUM or designee.

(2) E-Commerce Portal

(a) All sales using e-commerce shall be made pursuant to all local, state and federal laws.

(b) AIC LEAP participants in good program standing at facilities participating in e-commerce may advertise their products using the secure DOC sponsored e-commerce portal.

(d) The LEAP program supervisor or designee will review and approve items before placing them on the e-commerce portal.

(e) The LEAP program supervisor or designee will decide where and when to add items on the e-commerce portal.

(f) AIC LEAP participants cannot advertise products through DOC sponsored e-commerce portal that contain profanity or nudity, are sexually explicit, promote or glorify hatred, violence, intoxicants or intolerance of race, gender, religious, or cultural heritage. Content decisions are at the discretion of the LEAP Program Supervisor in consultation, if necessary, with the FUM.

(3) Sales other than E-Commerce Portal

(a) All sales other than e-commerce portal shall be made pursuant to all local, state, and federal laws.

(b) An AIC LEAP participant may sell their products through DOC-approved consignments. It is the AIC LEAP participant’s responsibility to ensure consignment agreements are in place prior to sending their items to non-department entities. It is the responsibility of the AIC LEAP participant to ensure that all consignments are compliant with local, state, and federal regulations and that all outgoing mail is in compliance with DOC rule Mail (AIC) OAR 291-131.

(d) Other sales events:

(A) An AIC LEAP participant may participate in facility or DOC-approved LEAP program sales events (visitation, community events, etc.). It is the responsibility of the AIC LEAP participant to manage product inventory and maintain accurate records. The FUM or designee and LEAP program supervisor may control the quantities and types of products for approved events.

(B) Sales of LEAP Program goods can occur at institution or DOC-sponsored public sales events, independently through an agent.

(4) AIC LEAP participants cannot make representations of the Department of Corrections and may not contain images of DOC staff, AICs, or any contact info for DOC to promote or sell products unless specifically approved by the LEAP program supervisor designee.

History

Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023

Division 180 INTERSTATE COMPACT

Or. Admin. R. 291-180-0106 Authority, Purpose, Policy, and Applicability

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.600, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: Together with ORS 144.600, these rules establish Oregon’s participation in the Interstate Compact for Adult Offender Supervision (ICAOS) and the processing and management of adults on supervision transferring into or out of Oregon under the provisions of this compact. They provide guidance to county community corrections agencies and Department of Corrections institutions regarding the transfer and management of adults on supervision sent or received from other states under this compact.

(3) Policy: It is the policy of the Department of Corrections to fully participate in the Interstate Compact for Adult Offender Supervision in accordance with ORS 144.600 and comply with rules lawfully promulgated by the National Interstate Commission within the inherent limitations of resources.

(4) Applicability: These rules apply to all adults on supervision relocating to other states or applying for or receiving interstate compact services under the Interstate Compact for Adult Offender Supervision (ICAOS).

History

Statutory/Other Authority: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025
DOC 2-2005, f. & cert. ef. 2-24-05

Or. Admin. R. 291-180-0107 Definitions

Adult on Supervision: Any person under the supervision of the Department of Corrections or a county community corrections agency who is on probation, parole, post-prison supervision, leave, or any other form of supervision.

History

Statutory/Other Authority: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
DOC 1-2025, adopt filed 01/14/2025, effective 01/14/2025

Or. Admin. R. 291-180-0252 Standards for Interstate Transfer of Supervision

The Department of Corrections adopts by this reference standards for the interstate transfer of supervision set out in the official Interstate Compact for Adult Offender Supervision (ICAOS) rules, published by the Interstate Commission for Adult Offender Supervision, as updated to reflect amendments to the rules effective April 1, 2026. The rules may be viewed at the Interstate Compact for Adult Offender Supervision (ICAOS) website at www.interstatecompact.org.

History

Statutory/Other Authority: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
DOC 8-2026, amend filed 03/26/2026, effective 03/26/2026
DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025
DOC 14-2020, amend filed 07/24/2020, effective 07/24/2020
DOC 2-2019, amend filed 01/22/2019, effective 01/22/2019
DOC 2-2016, f. 2-29-16, cert. ef. 3-1-16
DOC 25-2011, f. 12-5-11 cert. ef. 12-7-11

Or. Admin. R. 291-180-0262 Travel Permits

(1) Adults on supervision shall not relocate to another state except as provided by the Interstate Compact for Adult Offender Supervision (ICAOS) rules. Travel permits may be issued for up to 30 days, with a subsequent extension of 15 days in emergency situations. Adults on supervision shall be transferred pursuant to Interstate Compact for Adult Offender Supervision (ICAOS) rules if their need exceeds 45 consecutive days in another state. The adult on supervision shall return and remain in Oregon pending the Interstate Compact transfer process.

(2) Adults on supervision shall not be allowed to travel out of state for treatment or programming purposes that exceeds 45 consecutive days unless they have been accepted through the Interstate Compact transfer process.

(3) This rule applies retroactively to all adults on supervision relocating to other states, applying for, or receiving interstate compact services under the Interstate Compact for Adult Offender Supervision (ICAOS) rules on or after August 31, 2011.

History

Statutory/Other Authority: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025
DOC 25-2011, f. 12-5-11 cert. ef. 12-7-11

Or. Admin. R. 291-180-0265 Fugitives From Justice

Transfer investigations shall not be requested or accepted for adults on supervision with outstanding warrants who are non-residents of the receiving state. Fugitive status is inconsistent with a proper “valid plan of supervision” and compliance with conditions of supervision. Exceptions may be granted by the Compact Administrator or designee.

History

Statutory/Other Authority: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025
DOC 2-2005, f. & cert. ef. 2-24-05

Or. Admin. R. 291-180-0274 Application Fee for Interstate Compact Transfers

(1) Payment of Nonrefundable Application Fee:

(a) Adults on supervision who request transfer of their supervision to another state under the compact are required to submit a nonrefundable application fee of $50.00 to the supervisory authority. The fee must be received by the supervisory authority before the Department of Corrections will process the adult on supervision’s transfer request.

(b) Payment of an additional application fee will not be required of adults on supervision for processing revised or subsequent requests for transfer of their supervision to the same state. However, adults on supervision who request transfer of their supervision to the same state after being returned to Oregon from the receiving state from a previous compact transfer and adults on supervision that make a subsequent request for transfer of their supervision to a different state must pay a new nonrefundable application fee.

(2) The supervisory authority shall collect the application fee and forward it to the Governor’s Office for deposit in the Arrest and Return Account as defined in ORS 133.865.

(a) The fee shall be paid and collected in the form of a bank money order or cashier’s check made payable and mailed to “State of Oregon, c/o Director of Extradition Services, Governor’s Office, State Capitol Building Suite 254, Salem, OR 97310”

(b) The payment should be identified as an interstate compact application fee and include the adult on supervision’s name and state identification number (SID).

(3) The application fee is not subject to waiver; however, upon the recommendation of the supervisory authority, the Department of Corrections may reduce the amount of the fee by up to 50 percent. In determining if a fee reduction is warranted, the supervisory authority shall consider:

(a) The adult on supervision’s financial resources;

(b) The burden the application fee will impose in light of the adult on supervision’s overall obligations;

(d) The community’s interests in the transfer of the adult on supervision.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.030, 144.600 & 144.605
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.030, 144.600 & 144.605
DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025
DOC 7-2010, f. & cert. ef. 6-10-10
DOC 1-2010(Temp), f. & cert. ef. 1-4-10 thru 7-3-10

Or. Admin. R. 291-180-0275 Retaken Adults on Supervision

(1) An adult on supervision who was previously retaken and returned to this state from another state at cost to the State of Oregon, whether by formal or informal means, shall not be approved by the Department of Corrections for an interstate compact supervision transfer under these rules until such time as the adult on supervision repays to the State of Oregon all costs incurred by the State of Oregon in effecting the adult on supervision’s return to this state. Limited exceptions may be granted by the Compact Administrator or designee based on individual circumstances.

(2) This rule applies to all adults on supervision applying for a transfer of their supervision to another state under the Interstate Compact for Adult Offender Supervision (ICAOS) rules before, on, or after January 1, 2012 whose applications have not been previously approved by the Department of Corrections.

History

Statutory/Other Authority: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075
DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025
DOC 6-2012, f. & cert. ef. 5-24-12
DOC 1-2012(Temp), f. & cert. ef. 1-10-12 thru 7-8-12
DOC 2-2005, f. & cert. ef. 2-24-05

Division 200 PRISON ADVISORY COMMITTEE

Or. Admin. R. 291-200-0010 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for the establishment and operation of prison advisory committees (PACs) for Department of Corrections facilities.

(3) Policy: It is the policy of the Department of Corrections to establish and facilitate operations of prison advisory committees (PACs) for Department of Corrections facilities in accordance with the mission, vision and values of the department, and these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2013, f.& cert. ef. 11-1-13
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Or. Admin. R. 291-200-0020 Definitions

(1) Affected Communities: Those cities and counties in which a Department of Corrections facility is sited or exists, or which due to their proximity to a Department of Corrections facility commit extensive resources to the ongoing operation of the facility.

(2) Facility: An institution or facility operated by the Department of Corrections which physically houses inmates.

(3) Superintendent: Any person within the Department of Corrections who reports to the Assistant Director for Operations Division or Institutions Administrator and has the responsibility for the delivery and coordination of program operations in a specific facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2013, f.& cert. ef. 11-1-13
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Or. Admin. R. 291-200-0030 General

(1) The Department of Corrections, in cooperation with affected communities, may establish prison advisory committees for each Department of Corrections facility.

(2) The Department of Corrections may establish a single prison advisory committee for more than one Department of Corrections facility sited or operating in the same locale when deemed necessary or desirable by the affected facility superintendents. A decision to establish a single prison advisory committee for multiple Department of Corrections facilities must be approved by the Department of Corrections Assistant Director(s) — Institutions or the Assistant Director(s)' designee.

(3) Each prison advisory committee shall be identified using the name of the Department of Corrections facility(ies) for which it was established (e.g., “Two Rivers Correctional Institution Advisory Committee”).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 11-2013, f.& cert. ef. 11-1-13
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Or. Admin. R. 291-200-0040 Function and Purposes

(1) When established, prison advisory committees shall:

(a) Serve as a citizen advisory group to the facility superintendents and designated Department of Corrections representatives regarding correctional issues, activities and practices affecting their community(ies).

(b) Promote open and effective communication between affected community(ies) and Department of Corrections officials during the life of the facility, from siting through operation and ultimate closure.

(d) Work in cooperation with the superintendent or other designated Department of Corrections staff to address specific issues that develop during the life of the facility.

(e) Assist the superintendent or other designated Department of Corrections staff in developing and promoting safe opportunities for the utilization of inmate labor.

(f) Work in cooperation with the superintendent or other designated Department of Corrections staff to promote, support, and communicate the mission, vision, and values of the department.

(2) Prison advisory committees shall not establish Department of Corrections policies, rules, internal management directives or procedures.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Or. Admin. R. 291-200-0050 PAC Bylaws

(1) Prison advisory committees shall adopt and operate in accordance with the model bylaws developed by the Department of Corrections to govern committee activities. A copy of the department’s model bylaws for prison advisory committees is attached hereto as Exhibit A and is incorporated as a part of division 200 of OAR 291. The model bylaws address the following subject areas:

(a) Establishment;

(b) Name;

(d) Membership;

(e) Orientation and training;

(f) Term of Membership;

(g) Officers;

(h) Committee operation;

(i) Resources and services;

(j) Conflict of interest; and

(k) Amendments.

(2) Prison advisory committees may amend and make additions to the model bylaws and adopt procedures to govern their activities, as they deem necessary or advisable, to the extent that they are consistent with these and other Department of Corrections policies, internal management directives and procedures, and state and federal laws, regulations, and administrative rules.

(3) Before taking effect, bylaws and procedures, and amendments thereto, shall require the written approval of the facility superintendent or designated Department of Corrections representative.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Or. Admin. R. 291-200-0060 PAC Membership Standards, Number, Selection and Terms

(1) Prison advisory committee member eligibility, numbers, selection and terms of service shall be determined by each committee and established in the committee’s bylaws in accordance with these rules.

(2) Member Eligibility: Any adult individual, residing or working within an affected community, may be a member of a prison advisory committee unless he or she has been convicted of a felony crime in the past five years. Ex-offenders are eligible to serve as members of prison advisory committees if they have been off supervision for a minimum of five years, are nominated and selected and meet all other criteria for membership. Prison advisory committees may adopt additional eligibility requirements consistent with their communities and operational needs.

(3) Voting Member Appointment: The superintendent or designated Department of Corrections representative, in cooperation with either the mayor, county commission chair or sheriff of an affected community(ies), shall appoint the voting members of a prison advisory committee. Consistent with section (4) of this rule, appointments shall be made from among nominations forwarded by local elected officials, organizational leaders, or individual members of the affected community(ies). Also considered for appointment shall be those members of the affected community(ies) who respond to public requests for participation.

(4) Member Composition:

(a) Positions on a prison advisory committee may be filled by individuals from the categories listed below. Local elected officials shall seek representation on prison advisory committees from as many of these groups and interest areas as may be present in the affected community(ies):

(A) Public safety agencies;

(B) Crime victims;

(D) Primary and secondary education;

(E) Health care service providers;

(F) Business community/Chamber of Commerce;

(G) Social services;

(H) Judiciary;

(I) Ministerial association/ religious community;

(J) Civic and community organizations;

(K) Employment and training/economic development;

(L) Housing/real estate;

(M) Professional services;

(N) Utility providers;

(O) Media; and

(P) Community at large.

(b) At least one-fourth of a prison advisory committee’s voting members shall be selected and appointed from the community at large.

(5) Ex-Officio Member Appointment: The superintendent or designated Department of Corrections representative may appoint to the prison advisory committee as ex-officio (non-voting) members local government officials from the affected community(ies), or other persons recommended by local government officials or the prison advisory committee.

(6) Prior to being appointed to serve on a prison advisory committee, an individual shall disclose information to the superintendent or designated Department of Corrections representative concerning those issues that the superintendent or designated Department of Corrections representative determines could impact the orderly and secure operation of a facility or the work of the prison advisory committee. Such information shall include, but not be limited to, an individual’s criminal history and his or her relationship(s) with persons who have been or currently are inmates within the Department of Corrections.

(7) Non-Discrimination in Appointment of Members: No person shall be excluded from serving as a member of a prison advisory committee due to affiliation with any organization or institution, or on the basis of race, ethnic origin, religious affiliation, sex, age, or disability.

(8) Members appointed to a prison advisory committee shall serve at the pleasure of the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Or. Admin. R. 291-200-0070 Specific Responsibilities

(1) The Department of Corrections, acting through the facility superintendent or designated Department of Corrections representative, shall:

(a) Establish a communication process by which the prison advisory committee is informed of decisions and rationales concerning matters forwarded to the superintendent or designated Department of Corrections representative by the committee;

(b) Attend all prison advisory committee meetings as an ex-officio member;

(c) Inform the prison advisory committee of operational changes at the facility or within the department when disseminating such information does not compromise the safe, secure and orderly management and operation of facility or the department;

(d) Keep minutes of prison advisory committee meetings and distribute copies to all prison advisory committee members and members of the Oregon Department of Corrections executive management team;

(e) Publish notice of prison advisory committee meetings in accordance with the requirements of the public meetings law. In the event that a prison advisory committee complies with the public meetings law as a matter of policy only, the superintendent or designated Department of Corrections representative may refrain from publishing notice of a meeting when the superintendent or designated Department of Corrections representative determines that necessity or convenience so requires;

(f) Provide necessary training and orientation to prison advisory committee members, including but not limited to the following subject areas:

(A) Department of Corrections mission, vision and goals;

(B) Department of Corrections administrative rules, policies and procedures;

(D) Lobbying restrictions; and the;

(E) Department of Corrections Code of Ethics.

(g) Approve reasonable prison advisory committee operating and training expenses, and provide for payment thereof within the limits of the Department of Corrections resources and consistent with the function and purposes of prison advisory committees;

(h) Provide a site for prison advisory committee meetings, if necessary;

(i) Establish a protocol for the prison advisory committee members to periodically tour and orient themselves to facility operations.

(2) Prison advisory committees shall execute the duties and responsibilities set out in the model bylaws referenced in OAR 291-200-0050.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99

Division 201 ADULT IN CUSTODY ASSIGNMENT MANAGEMENT

Or. Admin. R. 291-201-0100 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075 and Article I, Section 41 of the Oregon Constitution.

(2) Purpose: The purpose of these rules is to establish a process for ensuring and measuring departmental compliance with the requirements of Article I, Section 41 of the Oregon Constitution, while adhering to practices that promote public safety and ensure the safe, secure, and orderly operation of department facilities.

(3) Policy: It is the policy of the Department of Corrections to:

(a) Carry out its responsibilities under Article I, Section 41 of the Oregon Constitution by establishing and maintaining work and program opportunities for eligible adults in custody housed in its facilities while adhering to practices that promote public safety and ensure the safe, secure, and orderly operation of department facilities.

(b) Ensure that eligible adults in custody are productively involved in one or more programs in order to meet the requirements of Article I, Section 41 of the Oregon Constitution, while completing their individual Incarceration/Transition Plans.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2021, amend filed 04/16/2021, effective 04/16/2021
DOC 21-2000, f. & cert. ef. 8-18-00

Or. Admin. R. 291-201-0110 Definitions

(1)Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(2) Adult in Custody Individual Incarceration/Transition Plan (II/TP): A process through which specific need areas of an individual AIC are identified; and institution education, work-based education, treatment, and work resources are targeted, prioritized, and scheduled to address those needs in a systematic and progressive action plan.

(3) Allowed Absence: An adult in custody absence from all scheduled hours in an approved AIC program assignment, due to scheduled and unscheduled health services or mental health visits, misconduct hearings, misconduct hold-ins, medical lay-ins, counselor callouts, or threats to the safety and security of the facility, for which no daily points are earned in accordance with the Department of Corrections rule on Performance Recognition and Award System (OAR 291-077), but full scheduled hours are credited for purposes of measuring adherence with Article I, Section 41 of the Oregon Constitution.

(4) Allowed Interruption: An AIC absence from some, but not all, scheduled hours in an approved AIC program assignment, due to scheduled and unscheduled health service or mental health visits, misconduct hearings, misconduct hold-ins, medical lay-ins, counselor callouts, or threats to the safety and security of the facility, for which daily points are earned and full scheduled hours are credited for purposes of measuring adherence with Article I, Section 41 of the Oregon Constitution.

(5) Approved Program Assignment: Any scheduled activity that an AIC is required to attend, and which develops motivation, work capabilities, and/or cooperation that is approved by the Policy Oversight Committee for compliance with Article I, Section 41 of the Oregon Constitution. Program assignments may include, but are not limited to:

(a) Work and training assignments in which AICs perform a service, produce a product, or are otherwise engaged in activities that emulate non-prison employment.

(b) Treatment assignments that address diagnosed mental or behavioral problems that are barriers to successful employment, including but not limited to alcohol and drug treatment or mental health day treatment; and

(c) Workforce development assignments intended to remove educational barriers (e.g., Adult Basic Education or English as a Second Language) or address personal deficits (e.g. Anger Management or Basic Living Skills that impede employment).

(6) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(7) Multi-Disciplinary Teams (MDT): Institution-based committees, comprised of staff appointed by the functional unit manager, that review special housing placements, special needs of adults in custody due to behavioral issues, and other issues as directed by each functional unit manager.

(8) Other Approved Programming: Other program assignments that are in compliance with the AIC’s incarceration plan and Article I, Section 41 of the Oregon Constitution.

(9) Special Housing: Housing assignments segregated from the general population, including but not limited to, disciplinary segregation unit, administrative segregation, intensive management unit, mental health infirmary, behavioral health unit, intermediate care housing and death row.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2021, amend filed 04/16/2021, effective 04/16/2021
DOC 21-2000, f. & cert. ef. 8-18-00

Or. Admin. R. 291-201-0120 Assignment Provisions

(1) Once program needs, health status, and approved AIC program assignment eligibility are determined, eligible AICs will be placed in approved programming by designated staff, as space and supervision capacities allow. Assignments shall be made to maximize the number of AICs that are engaged in approved program assignments in accordance with Article I, Section 41 of the Oregon Constitution and the provisions of these rules.

(2) Upon delivery at a Department of Corrections facility, AICs will be assigned to Admission and Orientation (A&O) in order to complete intake processing, educational testing, counselor interviews, and allow each AIC to make an initial adjustment to the institutional setting. The length of A&O will usually not exceed 30 days. However, programming (safety training, cognitive programming, etc.) may be added to extend A&O in some circumstances, upon review and approval by the functional unit manager or designee. In such cases, written documentation will be on file at the facility to specify the type of programming added, a summary of the program content, and length of time added to A&O. AICs will not be assigned to an approved AIC program assignment while in A&O.

(3) AICs will be placed into a review program for no more than two weeks upon return from court, release from special housing, or release from the infirmary. File reviews, counselor interviews, investigation, and other associated tasks will be completed during this time. Eligible AICs will be assigned to an approved program assignment following completion of the review program.

(4) AICs will be placed into a pre-release program not more than 120 days prior to their projected release date. During this time AICs will concentrate on release and transition programming and planning. Counselors and assignment staff will determine if the AIC will continue with current approved program assignments or assigned other approved program assignments.

(5) Health Services staff, in consultation with the institution AIC ADA Coordinator, shall determine if an AIC has any physical disabilities or medical restrictions which may limit or prohibit the AIC from participating in an approved program assignment. Health Services staff will notify necessary facility staff of the restriction, its duration (where indicated), and any work or other program areas to which the AIC may not be assigned (food services, physical plant, etc.). AICs determined to have a medical restriction which may limit or prohibit them from participating in an approved program assignment may be excused from participation in such assignment or have their participation reduced. An AIC whose participation in an approved program is excused or reduced may submit an accessibility request under the ADA rule.

(6) Behavioral Health Services (BHS) staff, in consultation with the institution AIC ADA Coordinator, shall determine if an AIC has any mental disabilities or restrictions which may limit or prohibit the AIC from fully participating in an approved program assignment. BHS staff will notify necessary facility staff of the restriction. AICs determined to be unable to participate in an approved program assignment due to a mental disability or psychological restriction may be excused from participation in such assignment or have their participation reduced. An AIC whose participation in an approved program assignment is excused or reduced may submit an accessibility request under the Accessibility for Adults in Custody with Disabilities rules.

(7) AICs assigned to any alternative incarceration programs (AIP) or alcohol and drug treatment programs approved by the Treatment Assignment Screening Committee (TASC) are engaged in approved program assignments in accordance with Article I, Section 41 of the Oregon Constitution and the provisions of these rules.

(8) AICs assigned to special housing may be assigned to work or program assignments but will be considered ineligible for assignment to an approved program assignment and exempt from the requirements of Article I, Section 41 of the Oregon Constitution for the duration of the housing assignment.

(9) Some AICs may be identified by the department as too high risk to participate in an approved program assignment. AICs identified as such shall be ineligible for participation in an approved program assignment. The MDT at each facility (or a committee designated by the superintendent) shall identify AICs that qualify for this status using a process that, at a minimum:

(a) Conservatively identifies eligible AICs within the facility;

(b) Reviews AIC history (work, misconduct, programming, housing, relationships, gang affiliation, etc.), conducting interviews when necessary, and prior to AIC placement on this status;

(d) Performs monthly reviews of history and progress every 4-6 weeks, beginning a month after placement; and

(e) Removes AICs once risks and concerns diminish.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2021, amend filed 04/16/2021, effective 04/16/2021
DOC 21-2000, f. & cert. ef. 8-18-00

Or. Admin. R. 291-201-0130 Attendance Reporting

(1) Staff who supervise AICs are responsible for enforcing attendance and documenting program participation for all AICs assigned to their supervision.

(2) Each AIC supervisor will have access to print or will be given an AIC attendance roster daily, listing all AICs assigned to their supervision. AIC supervisors are responsible for filling out each roster completely, in accordance with department Adult in Custody Attendance Reporting Guidelines.

(3) Staff will ensure that participating AICs attend Measure 17 compliant approved program assignments for the entire duration of time scheduled, unless otherwise authorized and documented. Time missed from an assignment will negatively affect an AIC’s credited hours, unless the time missed is due to an allowed absence or allowed interruption.

(4) All attendance rosters will be forwarded to the appropriate office for data entry within 24 hours.

(5) AIC attendance information from each roster will be entered into the computer within three business days after completion of the assignment. Rosters will be retained in accordance with the applicable Department of Corrections records retention schedule.

(6) Incomplete/Incorrect attendance rosters will be returned to the program supervisor for immediate completion or correction. These rosters will be evaluated by designated staff to determine if there is a training, performance, or systemic issue. Corrective action will be taken as appropriate.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2021, amend filed 04/16/2021, effective 04/16/2021
DOC 21-2000, f. & cert. ef. 8-18-00

Or. Admin. R. 291-201-0140 Assignment Changes

In accordance with the Department’s rules on Performance Recognition and Award System (OAR 291-077), designated staff may remove an AIC from an approved program assignment for reasons including, but not limited to, unsatisfactory performance, misconduct or behavior issues, program needs, safety and security issues, and schedule conflicts.

(1) If an AIC is removed from an approved program assignment, staff shall reassign the AIC appropriately, and ensure the AIC is notified of the assignment change.

(2) If an AIC is failed from an approved AIC program assignment (or given a daily fail), staff shall fill out an Adult in Custody Performance Failure Record (CD118aD) and distribute all necessary copies.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 7-2021, amend filed 04/16/2021, effective 04/16/2021
DOC 21-2000, f. & cert. ef. 8-18-00

Division 202 SEX OFFENDERS, SPECIAL PROVISIONS

Or. Admin. R. 291-202-0010 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.637, 144.641, 144.642, 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Establish criteria to be considered in determining the permanent residence requirements for certain sex offenders upon release.

(b) Establish the eligibility criteria and procedures for identifying sexually violent dangerous offenders, as defined in ORS 144.635.

(3) Policy: It is the policy of the Department of Corrections to promote public safety by holding offenders accountable for their actions and by seeking ways to reduce their risk of committing future criminal acts.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 144.637, 144.642, 144.644 & 144.646
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 144.637, 144.642, 144.644 & 144.646
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 12-2002, f. & cert. ef. 8-1-02
DOC 19-2000, f. & cert. ef. 7-14-00
DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00

Or. Admin. R. 291-202-0020 Definitions

(1) Adult in Custody (AIC): For purposes of these rules, any person aged 18 years or older, incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, post-prison supervision or a diversion program.

(2) Offender: Any person who is on probation, parole, post-prison supervision, or any other form of temporary or transitional leave from custody, or any form of conditional release.

(3) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate corrections supervision services, custodial facilities, or both.

History

Statutory/Other Authority: ORS 144.635, 144.637, 179.040, 423.020, 423.030, 423.075, 144.642, 144.644 & 144.646
Statutes/Other Implemented: ORS 144.635, 144.637, 179.040, 423.020, 423.030, 423.075, 144.642, 144.644 & 144.646
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 1-2011, f. & cert. ef. 1-28-11
DOC 19-2000, f. & cert. ef. 7-14-00
DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00

Or. Admin. R. 291-202-0040 Residence Requirements for Certain Sex Offenders Upon Release

(1) For purposes of this rule, a sex offender is defined as a person classified as a sexually violent dangerous offender (ORS 137.765) or a level three sex offender (ORS 163A.105).

(2) A sex offender may not reside near locations where children are the primary occupants or users.

(3) This prohibition applies to permanent housing and not to transitional housing. For purposes of this rule, transitional housing means housing intended to be occupied by a sexually violent dangerous offender or a level three sex offender for 45 days or less immediately after release from custody.

(4) Exceptions to this prohibition may be made by the supervising county community corrections agency if it is determined that there is sufficient information to support this placement in terms of public safety and the rehabilitation of the sex offender. In making this determination, the following factors must be considered:

(a) Other residential placement options pose a higher risk to the community;

(b) An enhanced support system that endorses supervision goals and community safety efforts is available at this residence;

(c) Enhanced supervision monitoring will be in place (for example, electronic supervision, curfew, live-in care provider, along with community notification);

(d) This residence includes 24-hour case management; or

(e) The sex offender is being released from custody unexpectedly and more suitable housing will be arranged as soon as possible.

(5) If a supervising county community corrections agency makes an exception under this rule, they must inform the community affected by this decision about the reasons for the decision prior to the release of the person from custody in accordance with ORS 163A.215.

History

Statutory/Other Authority: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 12-2002, f. & cert. ef. 8-1-02

Or. Admin. R. 291-202-0100 Offenders Eligible for the Sexually Violent Dangerous Offender Designation

(1) “Sexually violent dangerous offender” is a person who is being released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subparagraph (1)(a) of this rule, who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subparagraph (1)(a) of this rule.

(a) The offenses to which this rule applies are:

(A) Rape in the first degree and sodomy in the first degree if the victim was:

(i) Subjected to forcible compulsion by the person;

(ii) Under 12 years of age; or

(iii) Incapable of consent by reason of mental defect, mental incapacitation, or physical helplessness;

(B) Unlawful sexual penetration in the first degree; and

(b) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that:

(A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and

(B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age.

(2) Every six months the Department of Corrections will provide the Board of Parole and Post-Prison Supervision with a list of AICs or offenders who have a history of sexual assault as defined in (1)(b) above, are serving a sentence of incarceration as a result of conviction for an offense listed in (1)(a) above, and who are within six months of release from custody.

(3) When any AIC or offender convicted as a “dangerous offender” under ORS 161.725 and ORS 161.735 is granted a firm release date by the Board of Parole and Post-Prison Supervision or is otherwise within six months of release from custody, Board of Parole and Post-Prison Supervision staff will screen the AIC or offender to determine if the AIC’s or offender’s record reveals that the AIC or offender was convicted of an offense listed in (1)(a) and has a history of sexual assault as described in (1)(b).

(4) If Board of Parole and Post-Prison Supervision staff determine that an AIC or offender has the qualifying conviction and history of sexual assault, the Board of Parole and Post-Prison Supervision will make a finding that the AIC or offender is eligible for designation as a sexually violent dangerous offender.

History

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 1-2011, f. & cert. ef. 1-28-11

Or. Admin. R. 291-202-0110 Sexually Violent Dangerous Offender Designation

(1) The Board of Parole and Post-Prison Supervision may designate an AIC or offender as a sexually violent dangerous offender only if the AIC or offender:

(a) Participated in or refused to participate in a psychological evaluation ordered by the Board of Parole and Post-Prison Supervision; and,

(b) Requested an evidentiary hearing in accordance with these rules or waived entitlement to such a hearing.

(2) An AIC or offender who has been identified as eligible for designation as a sexually violent dangerous offender will receive notice of the AIC’s or offender’s eligibility for designation as a sexually violent dangerous offender and of the AIC’s or offender’s right to request a hearing before the Board of Parole and Post-Prison Supervision to present evidence why the sexually violent dangerous offender designation should not be made.

(3) The Board of Parole and Post-Prison Supervision will provide the AIC or offender with a copy of the Sexually Violent Dangerous Offender Designation: Notice of Rights (SVDO-1 Notice of Rights) prior to the evidentiary hearing. Upon receipt of the SVDO-1 Notice of Rights, the AIC or offender may request an evidentiary hearing or waive the right to the hearing.

(4) The Board of Parole and Post-Prison Supervision must receive and review the signed SVDO-1 Notice of Rights before an evidentiary hearing is conducted or waived to determine a sexually violent dangerous offender designation. A refusal to participate in the hearings process shall also constitute a waiver of the right to a hearing.

(5) The Board of Parole and Post-Prison Supervision will consider any written objections to the psychological evaluation that are submitted by the AIC or offender. An AIC or offender may elect to waive the right to submit written objections.

History

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 1-2011, f. & cert. ef. 1-28-11

Or. Admin. R. 291-202-0120 Sexually Violent Dangerous Offender Evidentiary Hearing

(1) The purposes of the evidentiary hearing are to:

(a) Determine whether the AIC or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1)(a) and (b) and;

(b) Determine if there is a substantial probability of the AIC or offender committing one of the offenses listed in OAR 291-202-0100(1)(a).

(2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the AIC or offender should be designated as a sexually violent dangerous offender. A finding that an AIC or offender is a sexually violent dangerous offender may be made by two Board of Parole and Post-Prison Supervision members, except in the case of an AIC or offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054.

(3) When an AIC or offender eligible for designation as a sexually violent dangerous offender has waived the right to an evidentiary hearing, the Board of Parole and Post-Prison Supervision will make the determination whether to designate the AIC or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations.

(4) A finding that an AIC or offender is a sexually violent dangerous offender will be contained in the AIC’s or offender’s original order of supervision or an amended order of supervision.

History

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 1-2011, f. & cert. ef. 1-28-11

Or. Admin. R. 291-202-0130 Sexually Violent Dangerous Offender Community Supervision

The community corrections agency supervising an AIC or offender found to be a sexually violent dangerous offender shall subject the AIC or offender to intensive supervision as defined in OAR 255-005-0005(26).

History

Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075
DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024
DOC 1-2011, f. & cert. ef. 1-28-11

Division 203 COST OF CARE REIMBURSEMENT (AIC)

Or. Admin. R. 291-203-0010 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 179.640, 179.770, 423,020, 423.030, and 423.075.

(2) Purpose: An adult in custody and the personal estate of an adult in custody, or a decedent’s estate are liable for the full cost of care. The purpose of these rules is to establish guidelines for:

(a) Determination of ability to pay;

(b) Notification to the adult in custody of his/her obligation to pay for the cost of care; and

(3) Policy: Within the inherent limitation of resources, the efficient and orderly administration of the Department and its facilities, it is the policy of the Department of Corrections to investigate and pursue reimbursement from adults in custody for the costs of their incarceration and care in accordance with the criteria and procedures established in these rules.

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03
DOC 2-2003(Temp), f. & cert. ef. 2-7-03 thru 8-6-03

Or. Admin. R. 291-203-0020 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(2) Assets: The total value of an adult in custody’s (subject to the provisions of ORS 179.640(5)) equity in real and personal property of whatever kind or nature. Assets include, but are not limited to, the adult in custody’s stocks, bonds, cash, accounts receivable, moneys due, or any other interests, whether they are self-managed, or held by the individual’s authorized representative, or by any other individual or entity on behalf of the adult in custody. Assets held in trust are subject to laws generally applicable to trusts.

(3) Authorized Representative: An individual or entity appointed under authority of ORS Chapter 125, as guardian or conservator of an adult in custody, who has the ability to control the adult in custody’s finances, and any other individual or entity holding funds or receiving benefits or income on behalf of the adult in custody.

(4) Cash Assets/Liquid Reserves: Cash and cash equivalents, accounts receivable, temporary investments such as CDs or Treasury Bills, money market accounts, and bonds that can be cashed at any time.

(5) Charges: The amount the Department has determined that the adult in custody is required to pay toward the cost of care.

(6) Cost of Care: All services including medical care, room, board, administrative costs and other costs not otherwise excluded by law.

(7) Custody of the Department: The court ordered sentence of an adult in custody to the Department of Corrections to imprison in a Department operated correctional facility or contracted housing through a county, other state, or other jurisdiction.

(8) Dependents: The individuals for whom an adult in custody has a legal duty to support.

(9) Distraint Warrant: A warrant or document issued by the Department directed to the sheriff of any county of the state commanding the sheriff to levy upon and sell the real and personal property which is subject to satisfaction of the recoupment lien.

(10) Fair Market Value: The cash price a capable and diligent individual could obtain in a reasonable amount of time for an asset.

(11) Income: All funds received by an adult in custody, or for an adult in custody by an authorized representative from any source, whether earned or unearned, after making applicable deductions for state and federal income taxes. Income includes benefits from life insurance, income protection insurance, or any other form of award to the adult in custody except as prohibited by ORS 179.620(5)(a).

(12) Personal Estate: All assets including cash, liquid reserves, stocks, bonds, accounts receivable, moneys due, or any other interests, whether they are self-managed, or held by the individual’s authorized representative. Personal estate also includes benefits from income protection insurance, governmental retirement or disability insurance, such as Social Security, Veterans, state, federal, and railroad retirement benefits and benefits from life insurance or any other form of award except as prohibited in ORS 179.620(5)(a) and (5)(b).

(13) Primary Automobile: The automobile, if the person has more than one, which the person would choose to keep if required to sell all but one. If the person has only one, it is the primary personal automobile.

(14) Primary Person Residence: The home the adult in custody owns, or is purchasing, and in which the adult in custody lived prior to entering the custody of the Department, or in which the adult in custody will live after leaving the custody of the Department.

(15) Recoupment Liens: A charge or security or encumbrance upon real or personal property that can be used to satisfy the amount due for the adult in custody’s cost of care.

(16) Support for Dependents: The cash necessary to meet the reasonable needs of the dependents, less the amount the dependent receives from any other source. Support for dependents excludes administratively or judicially ordered child and/or spousal support.

History

Statutory/Other Authority: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 8-2021, minor correction filed 06/04/2021, effective 06/04/2021
DOC 19-2009, f. 11-10-09 cert. ef. 11-11-09
DOC 5-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09
DOC 13-2004, f. & cert. ef. 10-21-04
DOC 11-2003, f. & cert. ef. 8-6-03
DOC 2-2003(Temp), f. & cert. ef. 2-7-03 thru 8-6-03

Or. Admin. R. 291-203-0030 Requirements for Obtaining Financial Information

(1) The department may require the adult in custody and/or the adult in custody’s representative to submit financial information on forms provided by the department.

(2) The department may obtain financial information regarding the adult in custody from other sources the department considers reliable. These sources may include, but are not limited to, the Social Security and Veterans Administration, Oregon Department of Revenue, and other State of Oregon agencies.

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03
DOC 2-2003(Temp), f. & cert. ef. 2-7-03 thru 8-6-03

Or. Admin. R. 291-203-0040 Ability to Pay Order

(1) An adult in custody and the personal estate of an adult in custody, or a decedent’s estate, is liable for the full cost of care as established in ORS 179.701. The Department may collect charges in advance for adults in custody.

(2) The Department may make a determination of the adult in custody’s ability to pay which is set forth in the Ability to Pay Order. The two types of Ability to Pay Orders are: determination of charges and a modification of charges. Each order shall be given one of these titles to identify the type of determination it sets forth, based on the factors and criteria described in the following sections.

(3) The adult in custody’s ability to pay will be investigated and an Ability to Pay Order may be issued when the Department is aware of an adult in custody or the adult in custody’s representative with cash assets or liquid reserves in excess of the current biennial cost of care or $55,000 whichever is greater. This Ability to Pay threshold is applicable only to the determination of who will be reviewed for an Ability to Pay Order. (ORS 179.640(1)(b).

(4) The determination of the ability to pay may be assessed at intake or any time during the adult in custody’s sentence, based on notification by sources the Department considers reliable. These sources include, but are not limited to, the District Attorney’s Office, the Social Security and Veterans Administration, Oregon Department of Revenue, State of Oregon agencies, or any other sources the Department deems credible.

(5) When determining an adult in custody’s ability to pay, in addition to other relevant factors, the Department will consider the adult in custody’s personal estate, the adult in custody’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance.

History

Statutory/Other Authority: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 5-2026, temporary amend filed 03/04/2026, effective 03/04/2026 through 06/07/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 19-2009, f. 11-10-09 cert. ef. 11-11-09
DOC 5-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09
DOC 11-2003, f. & cert. ef. 8-6-03

Or. Admin. R. 291-203-0050 Determination of Charges

(1) The amount determined by the Department to be the adult in custody’s charges shall not exceed the full cost of care for the dates covered by the Ability to Pay Order, less payments and/or credits from any other sources the Department has received, or reasonably anticipates receiving.

(2) Charges will be assessed using the adult in custody’s equity in all assets whether the asset is controlled by the person, or by the person’s authorized representative.

(a) Any asset may be liquidated in a lump sum to pay charges assessed the adult in custody in the Ability to Pay Order.

(b) Equity in each asset will be determined from the fair market value of the asset less any bona fide encumbrance against the asset.

(c) When assets are used as the basis for ongoing charges, the Department will estimate the length of time the assets are expected to last. During the final 60 days of that time period, the Department will review the adult in custody’s financial circumstances for modifying the adult in custody’s charges.

(3) Charges will be assessed using the total amount of all income received either by the adult in custody or for the adult in custody by the adult in custody’s authorized representative.

(4) Charges may be assessed using the adult in custody’s equity in a primary personal residence only if:

(a) The adult in custody is sentenced to death or to life without possibility of parole; and

(b) None of the following individuals reside in the residence:

(A) The adult in custody’s spouse.

(B) The adult in custody’s child or children under age 21, or blind or disabled children over 21.

(C) The adult in custody’s sibling or siblings who own an interest in the residence, and who lived in the residence for at least one year immediately prior to the adult in custody becoming the custody of the Department.

(D) The adult in custody’s parents or emancipated children who are unable to work to maintain themselves as declared in ORS 109.010.

(5) Charges may be assessed using the adult in custody’s equity in an automobile only if it is not the adult in custody’s primary personal automobile.

(6) Deductions: The Department may allow a deduction from the adult in custody’s assets and income for the following:

(a) Legal Obligations: Legal obligations, other than administratively or judicially ordered child or spousal support, as determined by the Department.

(A) Funds set aside as legal obligations may not be accumulated by, or on behalf of the adult in custody, or used for purposes other than that for which it was approved.

(B) The adult in custody must have demonstrated an intent to pay the obligation. The Department may request verification of actual payments.

(C) Any deduction allowed for the financial support of dependents must be used to provide current support. It may not be accumulated by, or on behalf of the adult in custody, and it may not be used for other purposes.

(b) Personal Support Following Release: Based on a showing of need, the Department may allow a deduction for the adult in custody’s transitional support following his/her release from an ODOC institution for reasonable expenses to live in the community for six months, including rent, utilities, food, public transportation, supervision fees, and miscellaneous expenses.

(A) Based on a showing of need, the Department may allow a deduction for an adult in custody’s miscellaneous personal expenses while in the custody of the Department that are not provided by the Department and are available for purchase from the institution commissary. These include, but are not limited to, expenses for personal grooming and hygiene items; books, newspapers, or other publications; or snacks or refreshments.

(B) When a deduction is made by the Department for this purpose, the Department shall establish an allowance to reflect a reasonable monthly spending limit for the adult in custody for purchase from the institution commissary, consistent with the Department’s rule on Trust Accounts (AIC), OAR 291-158.

History

Statutory/Other Authority: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 19-2009, f. 11-10-09 cert. ef. 11-11-09
DOC 5-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09
DOC 11-2003, f. & cert. ef. 8-6-03

Or. Admin. R. 291-203-0060 Modification of Charges

A modification of charges sets forth, in a new Ability to Pay Order, a change to the adult in custody’s charges established by a prior Ability to Pay Order. When issuing a modification to charges, the department will consider the same factors as described in OAR 291-203-050. A modification to charges may be made to reflect:

(1) A change in the adult in custody’s financial circumstances that affects the adult in custody’s ability to pay ongoing monthly charges; or

(2) A reduction in the cost of care amount due to a change in the previously scheduled release date.

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 – 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03

Or. Admin. R. 291-203-0070 Notice of Ability to Pay

The department shall provide actual notice to the adult in custody and any authorized representative, where known, of the adult in custody’s ability to pay.

(1) The notice shall include the adult in custody’s full liability, a description of the person’s appeal rights under a contested case hearing, the date those rights terminate, and the address where a request for hearing may be mailed or delivered.

(2) If the adult in custody has an authorized representative, the original Ability to Pay Order shall be delivered to the representative, and a copy shall be delivered to the adult in custody. Any Ability to Pay Order delivered to an authorized representative shall include an explanation of the department’s right to demand payment of the charges assessed by the order, and the consequences to the authorized representative of failing to comply, as provided by ORS 179.653(3).

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 – 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03

Or. Admin. R. 291-203-0080 Waiver of Collection Action

The department may issue a waiver to the collection of all or part of an adult in custody’s unpaid charges based upon the best interest of the adult in custody or the department. Charges may be reassessed at a later time by a new Ability to Pay Order if the basis for waiver under this section ceases to exist.

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03

Or. Admin. R. 291-203-0090 Hearing/Appeal Rights, Effect of Final Order

(1) If an adult in custody or the adult in custody’s authorized representative disagrees with any Ability-to-Pay Order issued by the department, the adult in custody or the adult in custody’s authorized representative may request a contested case hearing. The request must be postmarked within 60 days from the date of the mailing of the Ability-to-Pay Order.

(2) If the adult in custody or the adult in custody’s authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 to 183.497. If the adult in custody or the adult in custody’s authorized representative fails to make a timely request for a contested case hearing, the Ability-to-Pay Order shall be final and not subject to judicial review, except as subsequently modified by the department as provided in 179.640(5).

(3) On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the adult in custody or the adult in custody’s authorized representative refuses to produce financial information that the hearings officer determines is relevant and must be produced.

(4) Effect of Order on Authorized Representatives:

(a) An authorized representative who has not had an opportunity to request a contested case hearing, either because the authorized representative was not appointed at the time of the Ability-to-Pay Order became final, or was not given notice of the Ability-to-Pay Order as required by ORS 179.640(4), shall not be bound by the department’s order. To bind the authorized representative, the department must reissue the Ability-to-Pay Order and provide notice to the authorized representative as required by 179.640(4).

(b) The authorized representative shall have the same appeal rights as if the order had originally been issued to the authorized representative.

(d) The department will not issue an execution of a lien or foreclose against property held by or in the control of the authorized representative until the authorized representative is bound by the department’s order as provided in ORS 179.653.

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 – 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03

Or. Admin. R. 291-203-0100 Enforcement of Lien

If an adult in custody refuses to pay for the cost of care, the unpaid amount plus interest shall be a lien in favor of the State of Oregon. The lien shall be upon the title to and interest in the real and personal property of the personal estate.

(1) If any amount due the department for the cost of care of an adult in custody is not paid within 30 days after it becomes due, and no provision is made to secure the payment by bond, deposit or otherwise, pursuant to these rules, the department may enforce its recoupment lien created by ORS 179.653 by issuance of a Distraint warrant in the manner provided in 179.655.

(2) Any warrant issued by the department pursuant to ORS 179.655 shall clearly provide that the sheriff or other person executing the warrant shall not levy upon and sell any real or personal property that would be exempt under Oregon law from execution pursuant to a judgment. However, the department shall not issue a warrant pursuant to 179.655 where:

(a) The amount due the department for the cost of care of an adult in custody is not at least 30 days over due;

(b) Provision has been made to secure the payment by bond or deposit or otherwise in conformation with this rule;

(d) Sixty-one days have not passed since the issuance of the Ability to Pay Order; or

(e) The adult in custody or the adult in custody’s authorized representative has not been given at least ten days prior notice that the department intends to issue such a warrant.

(3) Securing Satisfaction of Ability to Pay Order:

(a) The issuance of a warrant to the sheriff to enforce collection of delinquent money will be stayed either by paying the amount due and accrued interest after it becomes due or by securing payment of that amount by bond or deposit.

(b) The bond given by the adult in custody to an adult in custody’s authorized representative must be for an amount not less than the amount due, plus interest for a reasonable period of time as determined by the department.

(A) The bond must be executed by a surety company that is registered with, and under the supervision of, the insurance commissioner of the State of Oregon.

(B) The department may allow more than two sureties to justify several amounts less than that expressed in the undertaking, if the whole justification is equivalent to that of two sufficient undertakings.

(C) Any one of the following items or combination of items acceptable to the department, equal to the amount due, plus accrued interest thereon, may be deposited with the department:

(i) A deposit of money;

(ii) A certified check or checks on any state or national bank within the State of Oregon payable to the department;

(iii) Satisfactory bonds negotiable by delivery, or obligations by the U. S. Government negotiable by delivery; or

(iv) Any other security satisfactory to the department.

(c) The department may require additional security whenever, in its opinion, the value of the security pledged is no longer sufficient to adequately secure the payment of the amount due, plus accrued interest thereon.

(d) Release of Tax Lien and Clouds on Title: When such a warrant is not in fact a lien on title to the real property, but merely a cloud on the title, a request for release of a warrant shall include the reason why the warrant does not constitute a lien and a copy of the current title report. The department may require other documentary proof showing the present condition of the title to the property in question.

History

Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075
DOC 13-2026, amend filed 05/13/2026, effective 05/15/2026
DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026
DOC 11-2003, f. & cert. ef. 8-6-03

Division 204 MEDIA ACCESS

Or. Admin. R. 291-204-0010 Authority, Purpose, and Policy

(1) The authority for these rules is granted to the Director of the Oregon Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: This purpose of these rules is to establish Department policies and procedures governing access by media representatives to Department of Corrections facilities, programs, staff and inmates.

(3) Policy:

(a) The Department acknowledges the public’s concern and interest in the Department’s public safety role.

(b) In recognition of the media’s role in reporting matters of public interest, and within the inherent limitations of resources and the need for facility security, safety and inmate rehabilitation, it is the policy of the Department to permit and facilitate access by media representatives to Department facilities, programs, inmates and staff for the purposes stated above.

(c) Interviews with designated Department inmates may be permitted with their consent. When authorized, an interview with a designated inmate is permitted neither as a matter of right nor as a privilege of the inmate or the media; rather, an interview may be approved when it is consistent with the Department’s mission and goals and the safe, secure and orderly management and operation of the facility, and is not inconsistent with the inmate’s correctional planning and rehabilitation.

(d) There are inherent risks associated with entering a prison. Consequently, media representatives enter Department of Corrections facilities at their own risk, and are required to comply with all security and control measures of the facility and the directions of Department staff.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0020 Definitions

Definitions for OAR 291-204-0010–291-204-0080:

(1) Accredited Media Organization:

(a) A newspaper that qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of “general circulation” if it circulates among the general public and if it publishes news of a general character of general interest to the public such as news of political, religious, commercial or social affairs. A key test to determine whether a newspaper qualifies as a “general circulation” newspaper is to determine whether the paper qualifies for the purpose of publishing legal notices in the community in which it is located or the area to which it distributes.

(b) A magazine that has a national circulation and is sold by newsstands and by mail subscription to the general public.

(d) A radio or television program whose primary purpose is to report news, of a station holding a Federal Communications Commission license.

(e) A corrections trade publication that reports on industry practices.

(f) An Internet Web site affiliated with the organizations described in sections (a)–(e) above.

(2) Credentials: Identification of an individual and his/her media affiliation.

(3) Department of Corrections (DOC) Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, an Assistant Director or an Administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(5) Identifiable Inmates: With relation to photography, an inmate who is a focal or primary subject of a photograph/video. An inmate is not considered an identifiable inmate if he or she is incidental to the photo or part of a group shot.

(6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(7) Unaffiliated persons: Freelance writers, independent filmmakers, producers, and other persons who do not meet the definition of “media representatives” in subsection (12) below.

(8) Offenders: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision, or probation status.

(9) Oregon Accountability Model: A plan that is designed to strengthen the department’s ability to hold inmates and offenders accountable for their actions and Department staff accountable for achieving the mission and vision of the Department.

(10) Public Information Officer (PIO): The person designated as the official spokesperson for a DOC facility.

(11) Media Representatives:

(a) Persons whose principal employment is with an accredited media organization;

(c) Unaffiliated persons who are affiliated with a Department contractor or volunteer in connection with a Department program or service; or

(d) Authors of books who produce credentials or other written documentation that a commercial publisher has contracted to purchase their completed work/project.

(12) Special Housing: Areas of facilities where inmates with special needs or custody concerns may be housed (e.g., intake, Administrative Segregation Unit, Disciplinary Segregation Unit, Special Management Unit (psychiatric), Death Row, infirmary and Intensive Management Unit). For the purposes of these rules, inmates pending assignment to special housing are considered the same as inmates already assigned to special housing.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0030 General Provisions Governing Media Access

(1) Media Access to Facilities and Programs: Consistent with the Department’s policy, media representatives are encouraged to visit and tour facilities and programs for the purpose of professional enhancement, observation and reporting.

(2) Media Access to Designated Inmates: Media representatives who desire contact with a designated inmate may seek to do so through correspondence, telephone or visiting. Media representatives may request a special visit to interview the inmate consistent with the provisions set forth in Media Access to Designated Inmates (OAR 291-204-0060).

(3) Media Access to Staff: Media representatives who desire access to a DOC facility to interview a staff member will generally be accommodated if the staff member and the functional unit manager consent.

(4) Media Access in the Event of an Emergency: Media may be restricted from access to facilities for security purposes, during emergencies or when access would be a disruption of operational activities. In accordance with the Department’s rules on Release of Public Information (OAR 291-039), the Department may designate a news media center.

(5) Media Coverage of Executions: Media access to DOC facilities and staff in connection with media coverage of an execution is set forth in the Department’s rules on Capital Punishment (Death by Lethal Injection) (OAR 291-024).

(6) Media Coverage to Board of Parole and Post-Prison Supervision Hearings: Media access to Board hearings is set forth in the Department’s rules on Access to Board of Parole and Post-Prison Supervision Hearings (OAR 291-153) and the Board’s rule on Who May Appear at a Board of Parole and Post-Prison Supervision Hearing (OAR 255-030-0026).

(7) Media Access Regarding Matters that are the Subject of Pending or Anticipated Litigation: Media access for the purpose of reporting about matters that are the subject of pending or anticipated litigation is not permitted, except under OAR 291-204-0040.

(8) The Department has a responsibility to:

(a) Provide accurate and timely answers to questions that may be raised during a tour or a visit;

(b) Understand the deadline pressures of the media;

(d) Inform media representatives of facility access safety and security procedures to ensure that visits proceed smoothly.

(9) When appropriate, the PIO may make available to the media representative(s) a staff member knowledgeable on the subject matter at hand who can provide additional background information.

(10) Upon request, the PIO will identify an appropriate inmate(s) to be interviewed if the interview is consistent with the provisions of these rules.

(11) Notwithstanding these provisions, the Department may initiate contact and provide access to media representatives or unaffiliated persons to report on its activities that further its mission, goals and the Oregon Accountability Model.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0040 Writing, Telephoning and Visiting an Inmate

(1) Media representatives may contact an inmate by mail. All mail must comply with the Department’s rules on Mail (Inmate) (OAR 291-131).

(2) Inmates may request that media representatives be placed on their personal call list. Phone calls may be collect. All phone calls must comply with the Department’s rules on Telephones (Inmate) (OAR 291-130).

(3) Inmates may request that media representatives be placed on their approved visiting list. Visits must comply with the Department’s rules on Visiting (Inmate) (OAR 291-127).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0050 Requesting Access to Facilities and Programs

(1) The Department will accommodate requests by media representatives for access to Department facilities and programs if the access is consistent with the Department’s policies and procedures set forth in these rules. The decision whether to approve a request for media access is committed to the sole discretion of the functional unit manager.

(2) Generally, the Department requires at least 24-hour advance notice to accommodate requests for access.

(3) The Department will accommodate requests for access only during normal business hours. When a program or newsworthy event occurs outside normal business hours, access will be dependent on availability of a PIO or staff escort designed by the functional unit manager.

(4) Media representatives may arrange for tours of Department prisons in accordance with the Department’s rules on Tours (OAR 291-009).

(5) Requests for media access that, in the judgment of the functional unit manager, may jeopardize the safety and security of the facility, staff, visitors or inmates will be denied.

(6) Process to Request Access: Media representatives who desire to access a DOC facility shall contact the appropriate PIO or Public Affairs Manager. The media representative will be provided with a “Media Access Request” form (CD 204) to complete.

(7) If a request for access is authorized, the media representative(s) must submit the following information for a security check:

(a) Full name;

(b) Date of birth;

(d) List of cities and states lived in over the past five years.

(8) Once approved, the PIO will discuss with the media representative the appropriate date, time, clothing and equipment allowed in facilities and any other pertinent information.

(9) Entering the Facility: Media representatives must bring credentials and valid photo identification to be temporarily surrendered at the facility visiting desk in exchange for Department identification.

(10) Media representatives are subject to the same facility security screening policies and procedures (e.g., metal detectors) as are visitors, as set forth in the Department’s rule on Visiting Security Screening and Visiting Room Protocol (OAR 291-127-0290).

(11) Media equipment is subject to Tools of the Trade (OAR 291-204-0070) and the Department’s rules on Facility Access (OAR 291-016).

(12) The PIO or other designated staff will escort media representatives through the facility and be present at all times during the visit or tour.

(13) If, at any time before or during a media visit or tour, the Department determines that a potential threat to safety or security exists, the visit or tour will be suspended and the media representative(s) must comply with direction of their staff escort.

(14) Access to special housing units or sensitive areas generally will not be permitted. Exceptions may be made by the functional unit manager, in his or her sole discretion, in extraordinary circumstances.

(15) Photographs or other recordings made in a DOC facility or on other Department property requires prior authorization. Taking photographs or video of control centers or electronic security equipment is strictly prohibited.

(a) Identifiable inmates who consent to appearing in a photograph or other recordings will be required to sign a media consent form CD 297 prior to the taking of the photograph or video.

(b) Children participating in a program may be interviewed or photographed only with appropriate written consent of a parent or legal guardian.

(16) Impromptu, unscheduled interviews, video and audio recordings, or photographs of staff, inmates and others may be permitted if the individuals consent and the functional unit manager or facility PIO determine that the interview or photo opportunity would not:

(a) Unduly delay a tour;

(b) Be overly disruptive of facility or program operations;

(d) Would not present safety or security concerns.

(17) Any attempt by a media representative to disregard the conditions for access or directions of staff may result in immediate termination of access to the facility.

(18) Access is limited to one media outlet at a time unless the functional unit manager determines otherwise. In the event of news of great public interest, the Department encourages media to pursue pool arrangements.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0060 Media Access to Designated Inmates

(1) Interviews with designated Department inmates requested by the media may be approved by the functional unit manager, with the inmate’s consent, if in the judgment of the functional unit manager the interview is consistent with the Department’s mission and goals and the safe, secure and orderly management and operation of the facility, and is not inconsistent with the inmate’s correctional planning and rehabilitation.

(2) Media interviews of designated Department inmates will be treated as special visits in accordance with the Department’s rule on Special Visits (OAR 291-127-280).

(3) Interviews of Special Status Inmates:

(a) Media interviews with the following inmates generally will not be permitted:

(A) Inmates who are assigned to special housing units;

(B) Inmates who are the subject of an internal or external investigation;

(D) Inmates who are on basic visiting status; and

(E) Inmates under 18 years of age.

(b) Exceptions may be made by the functional unit manager, in his or her sole discretion, in extraordinary circumstances.

(c) Media requests to interview a designated inmate who is assigned to a Special Management Unit or an Infirmary may be approved by the functional unit manager only if the interview is also approved by the Department’s attending physician, facility Correctional Treatment Services Manager or facility Health Services Manager. If approved, the interview will be conducted in a manner that protects the privacy interests of the designated inmate and other inmate patients.

(4) Interstate Compact boarders are subject generally to the media access rules, policies and directives of the sending state.

(5) Department inmates in the physical custody of the Oregon Youth Authority are subject to the media access rules, policies and directives of the Oregon Youth Authority.

(6) A media representative who desires to interview a designated Department inmate must submit an interview request in the same manner provided for requesting access to Department facilities set forth in OAR 291-204-0050 (Requesting Access to Facilities and Programs).

(7) Before an approved interview of a designated inmate is permitted to take place, the inmate must sign a media consent form (CD 297).

(8) Conduct of the Interview:

(a) The interview will take place in a designated area unless other arrangements are made in advance.

(b) The PIO may set reasonable limits for the length of the interview.

(d) Requests for inmates to take part in a taped audience participation show generally will not be permitted. Exceptions may be made by the functional unit manager, in his or her sole discretion, in extraordinary circumstances.

(e) Other facility, program or staff access that is separate from the interview may be granted with prior approval of the PIO.

(9) Inmates may not accept compensation or remuneration for agreeing to an interview or participating in a media-related activity.

(10) Inmates may not use the media or enter into agreements with the media to pass along messages or otherwise communicate with their families, victims, coconspirators or any person other than a general reading/viewing/listening audience.

(11) Media representatives may not accompany an inmate visitor, an attorney or others on an inmate visit. Exceptions may be made by the functional unit manager, in his or her sole discretion, in extraordinary circumstances.

(12) Media representatives may not attend depositions of Department inmates conducted in a DOC facility.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0070 Tools of the Trade

(1) Media representatives granted access to a DOC facility generally will be permitted to use “tools of the trade” with the exception of privileged and basic visiting. However, the Department may limit the number and type of tools of the trade that media representatives may bring into a facility to make still and video pictures and audio recordings.

(a) All approved equipment will be searched and inventoried prior to accessing the facility. Inventories of all media equipment taken into a facility will be completed prior to access.

(b) Notebooks and writing implements will be allowed. They may be provided by the facility.

(2) Use of Electronic Communication Devices: Media representatives will not be allowed to bring into a DOC correctional facility a cell phone, pager, personal data assistant or other electronic communication device.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Or. Admin. R. 291-204-0080 Access by Unaffiliated Persons

(1) Unaffiliated persons may request a tour of a facility in accordance with the Department’s rules on Tours (OAR 291-009).

(2) Requests to interview designated inmates made by unaffiliated persons will not be permitted. Unaffiliated persons may contact an inmate by mail, receive telephone calls from an inmate, or be placed on the inmate’s visiting list as provided in Writing, Telephoning and Visiting an Inmate (OAR 291-204-0040).

(3) In extraordinary circumstances the Department may, in its sole discretion, grant unaffiliated persons access to DOC facilities and programs for a specific project when, in the judgment of the Department, the requested access will substantially further the interests of the State of Oregon or the Department’s mission and goals; is consistent with the safe, secure and orderly management and operation of the facility; and is not inconsistent with inmates’ correctional planning and rehabilitation.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 8-2006, f. & cert. ef. 8-1-06

Division 205 VICTIM SERVICES PROGRAM

Or. Admin. R. 291-205-0010 Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075 and 423.615.

(2) Purpose: The purpose of this rule is to further the Department of Correction’s mission, vision and core values by establishing policy and procedures for the operation and administration of the department’s Victim Services Programs.

(3) Policy:

(a) The objective of the department’s Victim Services Programs is to benefit and assist people who have been harmed by crime and to help inmates make amends or restitution for the harm caused by their crime.

(b) Within the inherent limitations of resources and the need to maintain facility security, safety, discipline, health and good order, it is the policy of the Department of Corrections to:

(A) Provide crime victims and survivors and concerned members of the general public with timely information about any changes in the incarceration status of department inmates, including an inmate’s physical release from a Department of Corrections facility, through the Victim Information and Notification Everyday Program (VINE);

(B) Permit victim-initiated facilitated dialogues between victims or survivors of serious and violent crimes and inmates in Department of Corrections facilities through the Facilitated Dialogue Program;

(C) Permit a structured responsibility letter writing process to offer inmates the opportunity to express remorse and personal responsibility to crime victims /survivors of their crimes through the Responsibility Letter Bank Program;

(D) Provide other general services to crime victims and survivors and to inmates who are working to make amends and restitution for their crimes through the department’s Victim Services Programs and;

(E) Collaborate with other agencies, people, and community organizations to assist crime victims and survivors, and inmates.

(c) Facilitated dialogues can promote justice and healing for crime victims or survivors and aid inmates in the process of their rehabilitation. When authorized by the functional unit manager or designee, a facilitated dialogue is permitted neither as a matter of right nor as a privilege of a crime victim or survivor or an inmate. Rather, a facilitated dialogue is permitted by the functional unit manager or designee, in his or her sole discretion, when it is determined the facilitated dialogue may further the correctional goals and mission of the department, and the healing process for crime victims or survivors. Such dialogues must always be consistent with the safe, secure, and orderly management and operation of the Department’s correctional facilities.

(d) In order for the Facilitated Dialogue Program to be successful, participants must be able to speak openly and honestly about the crime and its impact, knowing that what they communicate will not be shared with other people or used against them later, except as required by law. Accordingly, it is the policy of the Department of Corrections to maintain the confidentiality of all facilitated dialogue communications to the maximum extent permitted by law and in accordance with these rules.

(e) The Responsibility Letter Bank Program promotes healing for crime victims or survivors and the rehabilitation and acceptance of responsibility on the part of inmates who participate in the program. In order for these letter exchanges to be effective and meaningful, and to ensure that victims and survivors have control over whether they receive a letter or not, it is the policy of the Department of Corrections to maintain the confidentiality of all Responsibility Letter Bank communications to the maximum extent permitted by law and in accordance with these rules.

History

Statutory/Other Authority: 179.040, 423.020, 423.030, 423.075 & 2017 Or Laws Ch 114
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 27-2018, minor correction filed 11/13/2018, effective 11/13/2018
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0020 Definitions

(1) Communications: All communications by a crime victim, survivor or inmate, or by a program facilitator, Victim Services Advisory Committee member, Facilitated Dialogue Program staff, or Responsibility Letter Bank Program staff that are made in the course of or in connection with a facilitate dialogue or a responsibility letter conducted pursuant to these rules. The communications include but are not limited to:

(a) All memoranda, assessment and evaluation forms, documents and other materials, including letters that are prepared for or submitted in connection with a facilitated dialogue or responsibility letter; and,

(b) All communications, whether oral, written or recorded, made during the intake of a case, during preparations for a facilitated dialogue or a responsibility letter, during any joint in-person meetings or telephone calls, and during any post-dialogue meetings or conversations

(2) Crime Victim or Survivor:

(a) Any person who was subjected to direct harm or injury from a crime for which an inmate has been convicted, past or present, and is identified as a victim or survivor in records or information available to the Department of Corrections.

(b) Any spouse, significant other, domestic partner, parent, grandparent, guardian, sibling, child or other immediate family member, or any member of the household, or any other person who was impacted by the consequences of an inmate’s crime even though they were not directly or immediately harmed or injured by the inmate’s criminal conduct.

(c) Any person subjected to harm or injury from a crime for which an inmate has not been prosecuted or convicted, whereby the crime victim or survivor reported the crime to law enforcement or there is other information available to the Department of Corrections to identify the person as a crime victim of the inmate.

(3) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(4) Facilitated Dialogue: A process in which facilitators assist crime victims or survivors and the inmates that victimized then to communicate on topics of the victim’s or survivor’s choosing. The facilitated dialogue includes all contacts between program staff, Victim Services Advisory Committee members, facilitators, victim or survivor, inmate, and support person, including, but not limited to, the initial case intake, preparations for a facilitated dialogue meeting[s], the meetings, and any post-dialogue meetings, or follow-up contacts with any of the above mentioned participants until the dialogue is terminated.

(5) Facilitated Dialogue Meeting: One or more meetings between a crime victim or survivor and an inmate during which the crime victim or survivor and the inmate have the opportunity to dialogue about the crime and its impact with the support of trained facilitators. Meeting includes letter exchanges between the crime victim or survivor and inmate that may occur in lieu of a face-to-face meeting.

(6) Facilitated Dialogue Program (FDP): A Department of Corrections program that seeks to promote justice and healing for victims or survivors of serious and violent crimes and provide them with a safe and structured process to discuss the crime and its impact with the inmates that victimized them. The program also seeks to aid inmates in the process of their rehabilitation and as a way of increasing public safety. For the purposes of OAR 291-205-0010 to 291-205-0120 and unless specified otherwise, references to decisions, determinations or approvals of the Facilitated Dialogue Program shall mean a decision by the functional unit manager or designee.

(7) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director or an administrator and has responsibility for the delivery of services or coordination of programs.

(8) Inmate: Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status.

(9) Program Facilitators: A Department of Corrections volunteer, contractor, or staff member who has had specific training in the Facilitated Dialogue Program procedure and practices, and who has been trained and approved by the functional unit manager to work in the Facilitated Dialogue Program.

(10) Program Staff: A Department of Corrections employee who has had specific training in the Facilitated Dialogue Program or the Responsibility Letter Bank Program procedure and practices, and who has been trained and approved by the functional unit manager to work in the Facilitated Dialogue Program or the Responsibility Letter Bank Program.

(11) Responsibility Letter (RL): Letter written by an inmate to their crime victim or survivor acknowledging responsibility for the crime and expressing remorse. Responsibility letters do not ask for anything in return from the crime victim or survivor.

(12) Responsibility Letter Bank (RLB): Repository of accepted inmate responsibility letters maintained by Victim Services.

(13) Responsibility Letter Bank Program: A Department of Corrections program that promotes healing for crime victims and survivors and rehabilitation and acceptance of responsibility on the part of inmates. The program offers a structured process within which an inmate may voluntarily compose a letter to their victims or survivors expressing the inmate’s acceptance of responsibility for the crime and impact that it has had on the victim or survivor.

(14) Victim Letter Registry: Database of crime victims or survivors contact information who have registered to be notified when an inmate responsibility letter is written to them that is maintained by Victim Services.

(15) Support Person: A person or persons chosen by the crime victim or survivor or inmate, and approved by Facilitated Dialogue Program, to assist them during the facilitated dialogue process.

(16) Victim Services Advisory Committee: A group of community-based professionals and community members from the fields of mediation, restorative justice, psychology, victim services, or other related fields and disciplines, selected by the functional unit manager or designee, who volunteer or otherwise provide their time and expertise to advise and assist the functional unit manager or designee in the conduct of the Victim Services Programs.

(17) Victim Services Program Coordinator (VSPC): A department staff member or members designated by the functional unit manager who coordinates the Victim Services Programs including but not limited to Facilitated Dialogue Program, Responsibility Letter Bank Program, Victim Speakers Network, Case Companion, and VINE.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 1-2016, f. & cert. ef. 1-21-16
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0030 Victim Services Advisory Committee

(1) The Victim Services Advisory Committee will operate under the direction of the department’s designee.

(2) The Victim Services Advisory Committee will advise and assist the department’s designee with the recruitment, training, supervision and evaluation of Facilitated Dialogue Program facilitators; the development and the administration of the Facilitated Dialogue Program; the gathering of support and resources for the Facilitated Dialogue Program and the Responsibility Letter Bank Program; and other elements of the Victim Services Programs.

(3) The Victim Services Advisory Committee will also provide comment to the department’s designee regarding the department’s administrative rules governing the Facilitated Dialogue Program, the Responsibility Letter Bank Program.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 1-2016, f. & cert. ef. 1-21-16
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0050 General Components of the Facilitated Dialogue Program

(1) Participation in a facilitated dialogue case is voluntary for the crime victim or survivor and the inmate.

(2) A facilitated dialogue process can only be initiated by a crime victim or survivor.

(a) Inmate requests for a facilitated dialogue will not be considered by the department, except to the extent that they will be kept on file by the department in the event that an inmate’s crime victim or survivor contacts the program.

(b) Crime victim or survivor requests will be considered only in relation to those crimes for which the inmate has exhausted or elected not to pursue all appeals, Board of Parole and Post-Prison Supervision administrative actions, and other legal remedies that are available to challenge the validity of the inmate’s conviction and sentence.

(c) Crime victim or survivor requests may be considered for harms arising from non-adjudicated crimes if all other eligibility criteria is met.

(3) Professionally trained program facilitators with a background in related fields will conduct the facilitated dialogues. The facilitated dialogue process will be confidential, unless all parties agree in writing otherwise.

(4) Pre-dialogue preparation, including careful screening of parties to ensure safety and identify appropriate support networks, is a critical part of the facilitated dialogue process and can take months or even years to complete. Post-dialogue follow-up is essential to a successful process and could include assistance in accessing appropriate aftercare and therapeutic support. On-going evaluation of the dialogue process, program facilitators and overall program policies and procedures is critical to ensuring a quality process for the parties involved.

(5) All participants in the program and process, the crime victim or survivor, inmate, support persons, staff, or program facilitators may suspend their participation in the program or in a particular facilitated dialogue process at any time for any reason.

(6) Upon request participants must consent to disclosure of mental health information:

(a) As a requirement of program participation, the crime victim or survivor and the inmate may be asked to consent in writing to the disclosure of information related to their current psychological state, emotional strengths and weaknesses, predisposition to violence, including but not limited to any DSM-V diagnoses, to any program staff, program facilitators, or advisory committee members involved in their particular facilitated dialogue. The information will be used only to evaluate the appropriateness of the crime victim’s or survivor’s and the inmate’s participation in the program.

(b) The crime victim or survivor or inmate may withdraw their consent to disclosure of their mental health information at any time in the facilitated dialogue by delivering a written revocation to the program staff or program facilitators involved in conducting a dialogue. Such a revocation by either the crime victim or survivor or the inmate may result in the Victim Services Program Coordinator taking steps to terminate the facilitated dialogue. The consent to disclosure of mental health information shall be limited in scope to the specific needs of a facilitated dialogue.

(c) The consent to disclosure of mental health information shall automatically terminate upon termination of the facilitated dialogue.

(7) The Facilitated Dialogue Program is not designed to be a replacement for professional counseling or therapy for any of the participants. Participants are encouraged to consult with a professional counselor or therapist to address any personal emotional or mental health issues.

(8) Facilitated Dialogue Participation Agreements: As a requirement of program participation any crime victim, survivor, inmate, program facilitators, support and other persons who will be involved in the dialogue process must enter into and agree to abide by the terms and conditions of program participation as set forth in a Participation Agreement and Facilitated Dialogue Confidentiality Agreement that will be prepared by the Facilitated Dialogue Program.

(9) Suspension/Termination of a Facilitated Dialogue Process:

(a) Program facilitators and Victim Services Advisory Committee members will immediately suspend a facilitated dialogue by having no contact with the victim, survivor, or inmate upon a decision being made by the functional unit manager or designee that there has been a violation or failure to abide by Victim Services Program rules or agreements for any reason by any participant.

(b) If a facilitated dialogue is suspended, the crime victim or survivor and the inmate are prohibited from contacting each other while the process is suspended without the prior express approval of the Facilitated Dialogue Program.

(c) Termination: The Facilitated Dialogue Program may terminate a facilitated dialogue process, including a process that has been suspended, for any reason. The Facilitated Dialogue Program decision is final, and not subject to further review by the crime victim or survivor or by the inmate.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 1-2016, f. & cert. ef. 1-21-16
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0060 Crime Victim or Survivor and their Support Persons Participation in a Facilitated Dialogue

(1) A crime victim or survivor who wishes to participate in the Facilitated Dialogue Program must:

(a) Act in “good faith” during the facilitated dialogue, this means that participants will be honest with and respectful of one another and the guidelines of the program. Participants will accept and follow the program facilitators’ direction over the course of the process.

(b) Refrain from engaging in inappropriate personal relationships that go beyond the focus area or the purpose and function of the facilitated dialogue with the participants or facilitators. Any conflict of interests with participants and program facilitators that may exist or develop over the course of the dialogue process will be reported the Victim Services Program Cordinator.

(2) The Facilitated Dialogue Program encourages, but does not require that a crime victim or survivor participating in a facilitated dialogue process choose a support person. All support persons chosen by the crime victim or survivor shall disclose to the program the nature of the support person’s relationship to the crime victim or survivor, and to the inmate, if any.

(3) Facilitated dialogues take place inside Department of Corrections facilities. Consequently, the crime victim or survivor and support person are and remain subject to all applicable department rules and facility procedures pertaining to the public and visitors in Department of Corrections facilities, while participating in a facilitated dialogue, including but not limited to Mail (Inmate) (OAR 291-131), Visiting (291-127), Facility Access (291-016), and these rules (OAR 291-205).

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 28-2018, minor correction filed 11/14/2018, effective 11/14/2018
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0070 Inmate and their Support Persons Participation in a Facilitated Dialogue

(1) An inmate who wishes to participate in a facilitated dialogue must:

(a) Consent to a psychiatric/mental health assessment for the purpose of evaluating their suitability to participate in a facilitated dialogue with the crime victim or survivor;

(b) Acknowledge guilt and take responsibility for his or her crime, and be willing to respond to the crime victim’s or survivor’s needs to the satisfaction of the program staff and facilitators;

(c) Act in “good faith” during the facilitated dialogue and accept and follow the facilitators’ direction over the course of the facilitated dialogue; and

(d) Refrain from engaging in inappropriate personal relationships with the participants or facilitators of a facilitated dialogue.

(2) Facilitated dialogues take place inside the Department of Corrections facilities. Consequently, the inmates and support persons are and remain subject to all applicable department rules and facility procedures pertaining to the public and visitors in Department of Corrections facilities, while participating in the Facilitated Dialogue Program including but not limited to Mail (inmate) (OAR 291-137), Visiting (291-127), Facility Access (291-016), and these rules (OAR 291-205).

(3) If an inmate is found in violation of any official misconduct during a facilitated dialogue, the department’s designee, after consultation with the Victim Services Program Coordinator and the Victim Services Advisory Committee, may decide that the facilitated dialogue should be suspended for a time or terminated.

(4) An inmate’s participation in the Facilitated Dialogue Program will not affect the inmate’s sentence or status within the correctional facility.

(a) Participation in the Facilitated Dialogue Program will not be assigned or evaluated as part of the inmate’s Oregon Corrections Plan for purposes of the Performance Recognition and Awards System (OAR 291-077) or application of any earned time credits or extra good time credits (OAR 291-097).

(b) Inmates will not receive any benefit because of their participation in the Facilitated Dialogue Program other than any benefits that are inherent to their participation.

(5) The Facilitated Dialogue Program encourages, but does not require, that an inmate participating in a facilitated dialogue choose a support person. All support persons chosen by the inmate must be DOC staff or volunteers and will be required to disclose to the program the nature of the support person’s relationship to the inmate, if any.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 32-2018, minor correction filed 11/14/2018, effective 11/14/2018
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0080 Facilitated Dialogue Program Facilitator Participation

(1) Facilitator Qualification, Selection, Assignment, Supervision, and Termination:

(a) The functional unit manager and designee maintain sole discretion over the qualifications, selection, assignment, and termination of program facilitators who participate in the Facilitated Dialogue Program.

(b) The Victim Services Program coordinator will assign program facilitators to a specific facilitated dialogue as needed.

(c) The Victim Services Program coordinator will provide direction and supervision of all program facilitators assigned to cases and instruction as to appropriate intervals for debriefings.

(d) The Victim Services Program coordinator may terminate a program facilitator’s participation in a specific facilitated dialogue for any reason.

(2) Volunteer facilitators must meet the requirements for volunteer service in the rules on Volunteer Services/Student Interns (OAR 291-015). Facilitators must report any violation or failure to abide by the Facilitated Dialogue Program rules or agreements for any reason by any participant to the Facilitated Dialogue Program.

(3) Program facilitators are prohibited from engaging in sexual or other inappropriate personal relationships with the participants of a facilitated dialogue.

(4) Program facilitators must not give legal advice to any crime victim or survivor or inmate.

(5) Facilitated dialogues take place inside Department of Corrections facilities. Consequently, program facilitators are and remain subject to all applicable department rules and facility procedures pertaining to the public and visitors in Department of Corrections facilities, while participating in the Facilitated Dialogue Program, including but not limited to Volunteer Services/Student Interns (OAR 291-015), Mail (Inmate) (291-137), Visiting (291-127), Facility Access (291-016), and these rules (OAR 291-205).

(6) Applicants seeking to become program facilitators must have completed a department-designated training. The Facilitated Dialogue Program may also offer on-going training and program updates and program facilitators are expected to make every effort to attend these activities.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0090 Facilitated Dialogue Intake Assessment

(1) Intake evaluation: Upon receiving a crime victim’s or survivor’s request to participate in the Facilitated Dialogue Program, the program will evaluate the request and determine whether the Facilitated Dialogue Program is appropriate for the crime victim or survivor and the inmate.

(2) Minimum content of evaluation: When conducting the intake assessment, the Facilitated Dialogue Program through its staff, program facilitators or advisory committee members will, at a minimum, do the following:

(a) Interview the crime victim or survivor to describe the process, determine the nature of the crime, time elapsed since the crime, and other factors that address the past and present impacts of the crime on the crime victim or survivor and why the crime victim or survivor wants to participate in the Facilitated Dialogue Program.

(b) Contact appropriate staff at the institution where the inmate is incarcerated to determine if the inmate is eligible to participate. Program staff or volunteers designated by the Victim Services Program will conduct a preliminary interview with the inmate.

(c) Provide the inmate and the crime victim or survivor with copies of the confidentiality agreement and agreements to participate. Execution of these agreements is necessary before the facilitated dialogue will continue.

(3) The decision whether to grant a crime victim’s or survivor’s request to participate in a facilitated dialogue is at the discretion of the Facilitated Dialogue Program. The Facilitated Dialogue Program decision is final, and not subject to further review by the crime victim or survivor or by the inmate

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0100 Facilitated Dialogue Meeting

(1) A facilitated dialogue may include one or more facilitated dialogue meetings. A facilitated dialogue meeting offers the crime victim or survivor and the inmate the opportunity to discuss the crime and its impacts.

(2) When the Facilitated Dialogue Program has authorized a facilitated dialogue meeting, the functional unit manager or designee may in his or her discretion approve a special visit or visits between the crime victim or survivor and the inmate for the purpose of the facilitated dialogue meeting as an exception to the department’s general rule prohibiting visits between an inmate and his or her crime victim, OAR 291-127-0230.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0110 Facilitated Dialogue Post-Meeting Process

(1) After the facilitated dialogue meeting, a facilitator will contact the crime victim or survivor and the inmate to discuss the meeting and evaluate the process. The contact should take place within 72 hours after the facilitated dialogue meeting and thereafter as approved by the Facilitated Dialogue Program.

(2) After the facilitated dialogue meeting, a program facilitator will report to the Facilitated Dialogue Program. The Facilitated Dialogue Program may use the report to evaluate the facilitated dialogue and the program.

(3) Upon conclusion of the post-meeting contacts and reports, a facilitated dialogue is terminated.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018
DOC 26-2008, f. & cert. ef. 10-6-08
DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08

Or. Admin. R. 291-205-0120 Confidentiality of Facilitated Dialog Communications, Exceptions

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 423.605.

(2) Except as provided in section (3) of this rule, Facilitated Dialogue Program communications are confidential and:

(a) Shall not be disclosed to any other person;

(b) Shall not be disclosed during discovery in any subsequent administrative, judicial or arbitration proceeding;

(d) No program facilitator, advisory committee member, or program staff person shall be compelled to testify or produce evidence concerning a facilitated dialogue communication.

(3) Exceptions to confidentiality and inadmissibility:

(a) Any document that was prepared for purposes other than the Facilitated Dialogue Program and is a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478 and may be introduced into evidence in a subsequent proceeding.

(b) A facilitated dialogue is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person.

(c) The crime victim, survivor, inmate, and facilitators in a facilitated dialogue may agree in writing that all or part of a facilitated dialogue is not confidential and may be disclosed or introduced into evidence in a subsequent proceeding, unless the substance of the communication is confidential, privileged, or otherwise prohibited from disclosure under state or federal law.

(d) A crime victim, survivor, inmate, or facilitator may disclose a facilitated dialogue to a person if the communication with that person is privileged under ORS Chapter 40 or other provision of law.

(e) A crime victim, survivor, inmate, or program facilitator may disclose facilitated dialogue communications to a person for the purpose of obtaining advice or support for the facilitated dialogue if the victim, survivor, inmate, program facilitator, and the functional unit manager or designee agree.

(f) Program staff may disclose facilitated dialogue to a Department of Corrections employee to the extent that the disclosure is necessary to conduct authorized activities of the department. A Department of Corrections employee receiving a facilitated dialogue communication may re-disclose the communication only to the extent necessary to conduct those authorized activities.

(g) A written facilitated dialogue communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the victim, crime survivor, or inmate who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from a facilitator or another participant who does not agree to the disclosure.

(h) Any facilitated dialogue communication relating to child abuse that is made to a person required to report child abuse under ORS 419B.010 is not confidential to the extent that the person is required to report the communication.

(i) Any facilitated dialogue communication relating to elder abuse that is made to a person who is required to report elder abuse under ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication.

(j) Any facilitated dialogue communication relating to abuse of adults with developmental disabilities who are currently receiving services from a community program or facility or were previously determined eligible for services or adults with mental illness who are receiving services from a community program or facility made to a person who is required to report abuse of those adults under ORS 430.765 is not confidential to the extent that the person is required to report the communication.

(k) A facilitated dialogue communication made to a program facilitator, Victim Services Advisory Committee member, or program staff may be disclosed and may be admitted into evidence to the extent the Department of Corrections Director or the functional unit manager determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to institutional security or the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(l) The names of the participants in a facilitated dialogue, the facilitator names, and the case number associated with that case are not confidential, may be disclosed and may be admissible in a subsequent proceeding.

(m) The Department of Corrections may use or disclose facilitated dialogue communications for reporting, research, training, or educational purposes subject to the following:

(A) The department may compile and disclose general statistical information concerning facilitated dialogues if the information does not contain information that would likely reveal the identities of the dialogue participants.

(B) Program staff may use or disclose facilitated dialogue communications or the disposition of matters referred for dialogue to another person for use in research, training, or educational purposes if the communications are used or disclosed in a manner that would not allow that information to be associated with a specific participant or reveal the identity of a participant.

(n) A program facilitator may disclose a facilitated dialogue communication and such disclosures may be admissible in any subsequent administrative, judicial or arbitration proceeding only to the extent that the victim, survivor, inmate, and the functional unit manager or designee agree in writing to the disclosure. The facilitator may disclose the communication only to the extent authorized in the agreement.

(4) The department intends this rule to apply retroactively to facilitated dialogue communications occurring on or after the effective date of 2017 Or Laws Ch 114.

History

Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075
DOC 33-2018, minor correction filed 11/26/2018, effective 11/26/2018
DOC 29-2018, minor correction filed 11/14/2018, effective 11/14/2018
DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018
DOC 19-2017, temporary adopt filed 11/20/2017, effective 11/20/2017 through 05/18/2018

Or. Admin. R. 291-205-0200 General Components of the Responsibility Letter Bank Program

(1) Participation in the Responsibility Letter Bank Program is voluntary for the crime victim or survivor, and for the inmate.

(2) Inmates who wish to participate must submit a request to the Responsibility Letter Bank Program through Department of Corrections Victim Services.

(3) Accepted letters will be deposited into the Responsibility Letter Bank and the inmate will be notified that the letter was accepted by the Victim Services Program.

(4) The crime victim or survivor may inquire with the Victim Services Program if there are any pending letters addressed to them. Victim Services will not initiate the first contact with the crime victim or survivor.

(5) If a letter is written to multiple crime victims or survivors, a copy of the letter will be sent to the requesters and Victim Services will retain the original.

(6) Notwithstanding OAR 291-131-0015, inmates and crime victims or survivors participating in the Responsibility Letter Bank program may exchange letters only as permitted under the program.

History

Statutory/Other Authority: 423.020, 423.030, 423.075, 179.040 & 423.615
Statutes/Other Implemented: 423.020, 423.030, 423.075, 179.040 & 423.615
DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018

Or. Admin. R. 291-205-0210 Participation of Inmate in Responsibility Letter Bank Program

(1) An inmate who wishes to participate in the Responsibility Letter Bank Program must do so by submitting an inmate communication form or other written request to the Victim Services Program or by requesting to do so through their institution counselor or Chaplain.

(2) To participate, inmates must acknowledge guilt, take responsibility for the crime and be willing to express those sentiments in their responsibility letter.

(3) Sentence, Reward, or Status Gain from Participation:

(a) An inmate’s participation in the Responsibility Letter Bank program will not affect the inmate’s sentence or status within the correctional facility.

(b) Participation in the Responsibility Letter Bank Program will not be assigned or evaluated as part of the inmate’s Oregon Corrections Plan for purposes of the Performance Recognition and Awards System (OAR 291-077) or application of any earned time credits or extra good good time credits (OAR 291-097).

(c) Inmates will not receive any benefit because of their participation in the Responsibility Letter Bank Program other than any benefits that are inherent to their participation.

(4) Eligibility to participate in the Responsibility Letter Bank program is at the discretion of the program and may be denied due to, but not limited to:

(a) Misconducts involving the victim or survivor; and or,

(b) Current stalking order or restraining order involving the victim or survivor.

(5) When the Victim Services Program has determined that an inmate may participate in the Responsibility Letter Bank program, it will send the inmate a letter of acceptance, letter writing guidelines and an explanation of the process.

(6) Inmate responsibility letters shall be initially screened by the Victim Services Program Coordinator or designee and at least one Victim Services Advisory Committee member to determine appropriateness. If the letter is determined to be unacceptable, the inmate may be provided with feedback explaining why or offering suggestions about how to write an acceptable letter. Letters shall be no more than 10 pages unless the program coordinator makes an exception.

(7) A Letter may be deemed unacceptable if, but not limited to:

(a) The inmate fails to accept responsibility for the crime;

(b) Offers excuses or requests forgiveness;

(d) Threatens harm, violence or revenge;

(e) Blames the victim or anyone else for the crime; or

(f) Contains any other content that the Victim Services Program Coordinator or designee determines would be harmful or inconsistent with the goals of the Responsibility Letter Bank Program.

(8) Unacceptable letters will be returned to the inmate.

(9) The inmate may receive an explanation about why the letter was unacceptable and how to write an acceptable letter

(10) An inmate may withdraw their letter at any time before it has been sent to the crime victim or survivor. Upon request to withdraw, Victim Services shall return the letter to the inmate.

(11) If an inmate wishes to write a new letter after they have withdrawn a letter, the inmate must re-apply to the Responsibility Letter Bank Program.

(12) After a letter has been received and screened by Victim Services Programs, the responsibility letter shall be placed in a locked cabinet until the crime victim or survivor requests the letter.

History

Statutory/Other Authority: ORS 423.060, 423.020, 423.075, 179.040 & 423.615
Statutes/Other Implemented: ORS 423.060, 423.020, 423.075, 179.040 & 423.615
DOC 30-2018, minor correction filed 11/14/2018, effective 11/14/2018
DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018

Or. Admin. R. 291-205-0220 Participation of a Crime Victim or Survivor in the Responsibility Letter Bank Program

(1) A crime victim or survivor may inquire with the Victim Services Programs Unit if there is a letter written to them by the inmate.

(2) Crime victims or survivors may register for the Responsibility Letter Bank program by contacting the Victim Services Program.

(3) A crime victim or survivor must be at least 18 years of age to receive a letter.

(4) The Victim Services Program Coordinator will only notify the crime victim or survivor that a responsibility letter has been accepted into the repository if the crime victim or survivor has registered for notification or is inquiring into any pending letters.

(5) The crime victim or survivor shall decide to receive the responsibility letter and whether or not the inmate is informed that the letter was requested or received.

(6) Prior to releasing a responsibility letter, the Victim Services Program Coordinator will verify the identity of the recipient as the crime victim or survivor addressed in the letter.

(7) A crime victim or survivor may send one reply letter to the inmate. The letter shall be sent to Victim Services Program Coordinator for screening and forwarded to the inmate if it is determined to be acceptable.

(8) A reply letter may be deemed unacceptable if it contains:

(a) Inappropriate or sexual language or content;

(b) Threats of harm, violence, or revenge; and or,

(9) If a reply letter is ineligible, it will be returned to sender with an explanation regarding why it was rejected and how any deficiencies may be addressed.

(10) A reply letter should not exceed a reasonable length.

(11) If the crime victim or survivor wishes to have further communications with an inmate, the victim must apply to participate in the Facilitated Dialogue Program.

History

Statutory/Other Authority: 423.020, 423.030, 423.075, 423.615 & 179.040
Statutes/Other Implemented: 423.020, 423.030, 423.075, 423.615 & 179.040
DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018

Or. Admin. R. 291-205-0230 Confidentiality of Responsibility Letter Bank Program Communications, Exceptions

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 423.605

(2) Except as provided in section (3) of this rule, responsibility letter bank program communications and are confidential and:

(a) Shall not be disclosed to any other person;

(b) Shall not be disclosed during discovery in any subsequent administrative, judicial or arbitration proceeding:

(d) No advisory committee member or program staff person shall be compelled to testify or produce evidence concerning a responsibility letter communication.

(3) Exceptions to confidentiality and inadmissibility:

(a) Any document that was prepared for purposes other than the Responsibility Letter Bank Program and is a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478 and may be introduced into evidence in a subsequent proceeding.

(b) A responsibility letter communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person.

(c) The victim, survivor, inmate, and the functional unit manager in a responsibility letter bank process may agree in writing that all or some of the responsibility letter bank communications are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding, unless the substance of the communication is confidential, privileged, or otherwise prohibited from disclosure under state or federal law.

(d) A victim, survivor, or inmate may disclose a responsibility letter communication to a person if the communication with that person is privileged under ORS Chapter 40 or other provision of law.

(e) A victim, survivor, or inmate may disclose responsibility letter communications to a person for the purpose of obtaining advice or support for the responsibility letter, if the victim, survivor, inmate, and the functional unit manager or designee agree.

(f) A program staff person may disclose responsibility letter communications to a Department of Corrections employee to the extent that the disclosure is necessary to conduct authorized activities of the department. A Department of Corrections employee receiving a responsibility letter communication may re-disclose the communication only to the extent necessary to conduct those authorized activities.

(g) A responsibility letter communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the victim, crime survivor, or inmate who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from a participant who does not agree to the disclosure.

(h) Any responsibility letter communication relating to child abuse that is made to a person required to report child abuse under ORS 419B.010 is not confidential to the extent that the person is required to report the communication.

(i) Any responsibility letter communication relating to elder abuse that is made to a person who is required to report elder abuse under ORS 124.050 to 124.095 is not confidential to the extent that the person is required to report the communication.

(j) Any responsibility letter communication relating to abuse of adults with developmental disabilities who are currently receiving services from a community program or facility or were previously determined eligible for services or adults with mental illness who are receiving services from a community program or facility made to a person who is required to report abuse of those adults under ORS 430.765 is not confidential to the extent that the person is required to report the communication.

(k) To the extent the communication is not otherwise privileged or confidential under state or federal law and the Department of Corrections Director or the functional unit manager determines that disclosure of a responsibility letter communication made to a program facilitator, Victim Services Advisory Committee member, or program staff may be disclosed, and may be admitted into evidence to the extent the Department of Corrections Director or the functional unit manager determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to institutional security or the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(l) The names of the participants in a responsibility letter bank process and the case number associated with that case are not confidential, may be disclosed and may be admissible in a subsequent proceeding.

(m) The Department of Corrections may use or disclose responsibility letter communications for reporting, research, training, or educational purposes subject to the following:

(A) The department may compile and disclose general statistical information concerning responsibility letters if the information does not contain information that would likely reveal the identities of the participants.

(B) Program staff may use or disclose responsibility letter communications or the disposition of matters referred to another person for use in research, training, or educational purposes if the communications are used or disclosed in a manner that would not allow that information to be associated with a specific participant or reveal the identity of a participant.

(n) A program staff may disclose responsibility letter communications and such disclosures may be admissible in any subsequent administrative, judicial or arbitration proceeding if to the extent that the victim, survivor, inmate, and the functional unit manager or designee agree in writing to the disclosure.

(o) A responsibility letter, once provided to a victim or survivor, may be disclosed by that victim or survivor to whomever they choose.

(4) The department intends this rule to apply retroactively to responsibility letter communications occurring on or after the effective date of 2017 Or Laws Ch 114.

History

Statutory/Other Authority: ORS 423.020, 423.030, 423.075, 179.040 & 423.615
Statutes/Other Implemented: ORS 423.020, 423.030, 423.075, 179.040 & 423.615
DOC 31-2018, minor correction filed 11/14/2018, effective 11/14/2018
DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018

Division 206 ACTIVE AND INACTIVE PROBATION

Or. Admin. R. 291-206-0005 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, and 423.530.

(2) Purpose: The purpose of these rules is to describe the manner in which an offender sentenced to probation under the rules of the Oregon Criminal Justice Commission may be placed on inactive supervision or returned to active supervision in accordance with the provisions of Or Laws 2009 Ch 660.

(3) Policy:

(a) It is the policy of the Department of Corrections that eligible offenders sentenced to probation may be considered by the supervisory authority for a reduction in the period of active probation for compliance with conditions of probation and their supervision plan pursuant to Or Laws 2009 Ch 660, as provided in these rules.

(b) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules.

(c) These rules apply to offenders convicted of a crime committed before July 1, 2011, and who are on probation on or after February 24, 2010.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
DOC 12-2010, f. & cert. ef. 9-8-10
DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10
DOC 3-2010, f. & cert. ef. 2-24-10

Or. Admin. R. 291-206-0010 Definitions

(1) Active Probation Supervision: Supervision requiring the supervising officer's regular contact and monitoring to assure continued compliance with the general and special conditions of probation supervision.

(2) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). The court may award compensatory fines in addition to restitution.

(3) Compliance with the Conditions of Probation and Supervision Plan: For purposes of these rules an eligible offender shall be deemed by the supervisory authority to be in compliance with the conditions of probation and any applicable supervision plan if:

(a) All special conditions imposed by the sentencing court for the offender on the term of probation under consideration for inactive supervision have been satisfactorily completed, including the full payment of any restitution or compensatory fine ordered;

(b) There have been no technical violations of probation conditions reported to the sentencing court for the immediate six months prior to the consideration for inactive status;

(c) There have been no new crime violations of probation conditions reported to the sentencing court during the term of probation under consideration for inactive supervision; and

(d) All terms of any applicable supervision plan have been satisfied.

(4) Inactive Probation Supervision: A reduced level of supervision that does not include any direct supervision by a supervising officer or regular reporting; however, the offender remains subject to arrest by a supervising officer for violations of condition of supervision and return to active supervision at any time until expiration of the term of probation. All general and special conditions of supervision remain in effect with the following exceptions:

(a) General Condition #1 — Pay supervision fees (fines, restitution or other fees previously ordered by the court remain in effect); and

(b) Special conditions specifically deleted by the court.

(5) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control or probation status.

(6) Supervising Officer: The parole and probation officer assigned to supervise the offender.

(7) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1).

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
DOC 12-2010, f. & cert. ef. 9-8-10
DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10
DOC 3-2010, f. & cert. ef. 2-24-10

Or. Admin. R. 291-206-0015 Period of Active Probation Supervision

(1) Except as provided in subsections (2), (3), and (4) of this rule, all persons convicted of a felony committed on or after November 1, 1989 and sentenced to probation under the rules of the Oregon Criminal Justice Commission shall serve a minimum period of active probation supervision as follows:

(a) Nine months of active probation supervision for crimes in crime categories 1 and 2;

(b) Twelve months of active probation supervision for crimes in crime categories 3, 4, and 5;

(d) Thirty months of active probation supervision for crimes in crime categories 9, 10, and 11.

(2) All persons convicted of a felony and who are subject to a departure sentence as authorized by OAR 213-005-0008(2) shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court.

(3) All persons convicted of a felony and sentenced to probation pursuant to ORS 137.012 shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court.

(4) All persons convicted of a felony committed before November 1, 1989 and sentenced to probation shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court.

(5) When an eligible offender has served the minimum period of active probation supervision established under subsections (1), (2), (3), and (4) of this rule, the supervisory authority may place the offender on inactive supervision status in the manner provided in these rules.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
DOC 12-2010, f. & cert. ef. 9-8-10
DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10
DOC 3-2010, f. & cert. ef. 2-24-10

Or. Admin. R. 291-206-0020 Inactive Supervision

(1) Upon completion of the minimum period of active supervision as authorized in OAR 291-206-0015, the supervising officer or designee shall review the offender’s file and determine if the offender is in compliance with the offender’s probation conditions and any applicable supervision plan as defined in these rules.

(a) If the supervising officer or designee determines that the offender is in compliance, the supervising officer shall recommend to the supervisory authority that it place the offender on inactive probation supervision, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws. Upon receiving a request from the supervising officer, the supervising authority shall place the offender on inactive probation supervision if the supervisory authority determines that the offender is in compliance with probation conditions and any applicable supervision plan as defined in these rules.

(b) If the supervising officer or designee determines that the offender is not in compliance with the conditions of probation and any applicable supervision plan, the supervisory authority shall extend the period of active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws.

(2) Notwithstanding subsection (1)(b) of this rule, the supervising authority may later place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community.

(3) Offenders on or Requesting Compact Supervision in Another State:

(a) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules.

(b) An offender requesting to leave the State of Oregon to reside in another state while on inactive supervision must receive approval for transfer of the offender’s supervision through the Interstate Compact process before being allowed to do so.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
DOC 12-2010, f. & cert. ef. 9-8-10
DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10
DOC 3-2010, f. & cert. ef. 2-24-10

Or. Admin. R. 291-206-0025 Return to Active Supervision

(1) An offender remains subject to arrest for violations of conditions of supervision while on inactive probation supervision.

(2) Once an offender has been placed on inactive probation supervision, the supervisory authority may return an offender to active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, when the supervisory authority receives a report from a parole and probation officer showing good cause why inactive probation supervision is no longer in the offender's best interest or in the best interest of the community.

(3) If the supervisory authority has good cause to return an offender to active probation supervision, and the whereabouts of the offender is unknown, the supervising officer may request that the supervisory authority or the court issue a warrant for the offender’s arrest.

(4) After reviewing the report submitted under subsection (2) of this rule, the supervisory authority may return the offender to active probation supervision not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if the supervisory authority finds that returning the offender to active probation supervision is in the best interest of the offender and the community.

(5) When an offender is returned to active probation supervision, all general conditions and all previously imposed special conditions shall be in effect.

(6) Once returned to active probation supervision after a period of inactive probation supervision, the supervisory authority may again place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660
DOC 12-2010, f. & cert. ef. 9-8-10
DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10
DOC 3-2010, f. & cert. ef. 2-24-10

Or. Admin. R. 291-206-0030 Sentence Expiration

(1) During the pendency of any violation proceedings, the running of the supervision period and the sentence is stayed, and the court has jurisdiction over the offender until the proceedings are resolved.

(2) These rules shall not preclude more than one renewal of active probation supervision; however, a renewal of active probation supervision may not exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OR Laws Ch. 660
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OR Laws Ch. 660
DOC 3-2010, f. & cert. ef. 2-24-10

Division 207 CORRECTIONAL CASE MANAGEMENT

Or. Admin. R. 291-207-0005 Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: To provide uniform business practices in accordance with best practices in case management of inmates in a correctional environment from the time of intake through reentry to the community.

(3) Policy: It is the policy of the Department of Corrections to target resources to those inmates who are most likely to recidivate using the Oregon Accountability Model and evidence-based practices, in a multi-disciplinary case management approach from admission to release.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-207-0010 Definitions

(1) Automated Criminal Risk Score (ACRS): A statistical calculation developed by the department’s Research Section to predict an offender’s risk of re-offending within three years of release.

(2) Case Management: A proactive, collaborative, multi-disciplinary process which assesses, plans, implements, coordinates, monitors and evaluates options and services to meet an individual’s need or risks, a well as responsivity factors. Case management is the process which links all the elements involved in an inmate’s management. The process of case management unifies procedures and personnel to balance departmental resources and an inmate’s needs through his/her term of incarceration and community supervision.

(3) Evidence Based Practices (EBP): The body of research and clinical knowledge that describes correctional assessment, programming and supervision strategies that lead to improved correctional outcomes such as the rehabilitation of inmates and increased public safety. Such principles only meet the public’s expectations for economical business strategies, efficiency and effectiveness but also reflect fairness and accountability.

(4) Multi-disciplinary Team: Stakeholders from different divisions within a functional unit who come together to provide comprehensive assessment, consultation and perspectives concerning an inmate’s incarceration and successful reentry to the community.

(5) Oregon Accountability Model: A plan composed of six components that is designed to strengthen the department’s ability to hold inmates accountable for their actions and department staff accountable for achieving the mission and vision of the department.

(6) Reentry: The activities and programming conducted to prepare inmates to return safely to the community and to live as law abiding citizens. Reentry includes the release process, the flow of inmates back into communities and how they are supervised after release, the effects on public safety as a result, how the Department of Corrections manages releases, and what communities can do to absorb and reintegrate returning offenders.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-207-0015 General Guidelines

(1) The department will utilize case management strategies, in conjunction with the Oregon Accountability Model in order to involve all employees in managing inmates to reinforce the department mission to hold inmates accountable for their actions and reduce the risk of future criminal behavior.

(2) Correctional Case Management will be used to coordinate with all other institution business units to provide appropriate work, housing, educational, programmatic, and transitional interventions to determine the inmate’s case planning and supervision throughout the inmate’s incarceration.

(3) Correctional Case Management will provide the framework for responsible management of inmate placements and transition, in support of evidence-based practices for case planning.

(4) The Correctional Case Management approach will be used to approve inmate transfers from one institution to another, based on a holistic correctional programming approach that facilitates each individual inmate’s rehabilitation.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-207-0020 Admission

(1) Inmates who have been sentenced to the Department of Corrections or who have violated their parole and post-prison supervision will be committed to the Intake Center located at Coffee Creek Correctional Facility, except for (a) and (b) below.

(a) Male inmates sentenced to death are routed to the Oregon State Penitentiary special housing unit. Female inmates sentenced to death are routed to Coffee Creek Correctional Facility special housing unit.

(b) Male inmates that require intensive confinement or where special medical or mental health care is essential may be routed to an approved DOC facility other than the Intake Center.

(2) The intake process will generally be completed with a 30-day period.

(a) All inmates will receive an initial classification to determine custody level.

(b) All inmates will be assessed and evaluated to set a basic level of service, based upon assessed criminal risk factors and need.

(c) All inmates will receive an automated criminal risk score (ACRS) to determine initial case planning and supervision level assignment.

(d) Inmates will be assigned to an institution or housing unit based upon their correctional needs upon completion of the inmate assessment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-207-0025 Correctional Case Management

(1) Correctional Case Management is a shared responsibility of all DOC employees, contractors and volunteers in the day-to-day interaction of managing inmates and through a multi-disciplinary approach in support of the key components of the Oregon Accountability Model.

(2) Case planning begins and is continuously assessed as the inmate transfers between institutions based upon the inmate’s correctional needs. The inmate’s primary institution counselor is responsible to develop, document and monitor the inmate’s needs and corresponding resources to address those needs, along with timelines including forecasting custody classification changes and subsequent facility transfers for provisions of interventions and housing management as outlined in the policy on Correctional Case Management (90.1.3).

(3) Supervision levels will be determined by the relative frequency and intensity of interventions, contact, and available services needed to ensure productive incarceration and successful reentry.

(4) Resources will be targeted to inmates most likely to recidivate based on assessed criminal risk factors and need.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 16-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-207-0030 Release

(1) Correctional Case Management is used to prepare an inmate for reentry into the community. This includes release preparation, reentry programming, community responsibilities, supervision responsibilities, family support, employment readiness and barriers to successful reentry.

(2) The department will make every effort to secure identification records, such as birth certificates, social security cards, and Department of Motor Vehicles photo identification cards, for all inmates prior to release.

(3) In preparation for release, the department will provide inmates with:

(a) Verification of the inmate’s work history while in the custody of the department.

(b) Certification of any educational programs completed by the inmate while in the custody of the department.

(4) Release counselors and transitions coordinators will assist inmates in developing a release plan to prepare for reentry into the community that may include, but will not be limited to, identifying a releasing residence, transportation from the institution, potential support systems, and community resources.

(5) Prior to an inmate’s earliest projected release date, a release counselor will begin preparation of an inmate’s proposed release plan.

(a) Release counselors will collaborate with other department stakeholders, outside agencies and contacts to prepare a proposed release plan for each inmate who will have supervision post-release that falls under the jurisdiction of the Board of Parole and Post-Prison Supervision.

(b) The proposed release plan will include recommended conditions of supervision.

(c) The proposed release plan will be submitted to the Board of Parole and Post-Prison Supervision no less than 60 days prior to the earliest release date for their review and approval, except in the case of an immediate release or if an inmate arrives at Intake with less than 60 days to the earliest release date.

(d) If the proposed release plan is not approved by the Board of Parole and Post-Prison Supervision they will return it to the release counselor with recommended modifications.

(e) The release counselor shall modify the plan and re-submit the revised version prior to the inmate’s release, and prior to the Board of Parole and Post-Prison Supervision issuing the Order of Supervision.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 10-2018, amend filed 06/01/2018, effective 06/01/2018
DOC 16-2011, f. & cert. ef. 8-15-11

Or. Admin. R. 291-207-0100 DMV/DOC Program for an Inmate Obtaining a Driver License or Identification Card Prior to Release

(1) The Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) and the Oregon Department of Corrections (DOC) have established, through interagency agreement, the following program to help an inmate obtain a driver license or identification card prior to his or her release from custody.

(2) For purposes of this rule, the term “inmate” means any person under the supervision of the DOC and who is not on parole, probation or post-prison supervision status.

(3) Notwithstanding OAR 735-062-0016, DMV may issue a renewal or replacement driver license or an identification card containing the last photograph of the inmate on file with DMV. The photograph on file must not be older than nine years and two months. DMV will issue as follows:

(a) A replacement driver license to an inmate whose driving privileges are valid or are reinstated at the time of issuance;

(b) A renewal driver license to an inmate whose driving privileges are valid or are reinstated at the time of issuance and whose driver license is within the allotted time for early renewal as described in OAR 735-062-0090(4) or has been expired for less than one year; or

(A) Who is not eligible for driving privileges under sections (4), (7) or (8) of this rule;

(B) Whose previous driver license has been expired for more than one year;

(D) Who has never been issued or does not currently qualify for a driver license under ORS 807.040.

(4) DMV will make an inquiry to the National Driver Register/Problem Driver Pointer System (NDR/PDPS) and the Commercial Driver License Information System (CDLIS), to determine if the inmate’s driving privileges are suspended, revoked, cancelled or otherwise not valid in any other jurisdiction. An inmate whose driving privileges are not valid in any other jurisdiction is not eligible to replace or renew driving privileges in Oregon.

(5) DOC may complete an application packet for each eligible inmate within no more than 180 days prior to the inmate’s date of release from DOC custody. The application packet must include:

(a) A completed Valid with Previous Photo DL/ID Card (VWPP) Application, DMV Form 735-171C, signed by the inmate. The application must include the inmate’s Social Security Number (SSN). DMV must verify, or have previously verified, the SSN with the Social Security Administration, as required by OAR 735-062-0005;

(b) Proof of legal name as required by OAR 735-062-0014;

(d) Proof of date of birth and identity as required by OAR 735-062-0020.

(6) On the application DOC must certify:

(a) That the copies of the documents submitted to meet the requirements of section (5) of this rule are true copies of the original documents and that the documents pertain to the inmate for whom DOC is submitting the VWPP application; and

(b) That the inmate will be living in Oregon when released and the address provided on the application meets the requirements for residence or mailing address as outlined in the interagency agreement.

(7) An inmate is not eligible for driving privileges, under ORS 807.060(4) or (5), and DMV will not replace or renew a driver license, if on the VWPP Application the inmate:

(a) Answers yes to the question “Do you have a vision condition or impairment that has not been corrected by glasses, contacts or surgery that affects your ability to drive safely?”;

(b) Answers yes to the question “Do you have any physical or mental conditions or impairments that affect your ability to drive safely?”; or

(c) Answers yes to the question “Do you use alcohol, inhalants, or controlled substances to a degree that affects your ability to drive safely?”

(8) An inmate who is eligible to renew his or her driving privileges, and is or will be 50 years of age or older at the time his or her driving privileges expire, must meet the requirements of OAR 735-062-0060. As the inmate will not be at a DMV field office for the vision screening, DOC must provide a vision examination form, Certificate of Vision, DMV Form 735-24, completed by a licensed ophthalmologist or optometrist with the VWPP application. If no Certificate of Vision form is included or the inmate does not meet the vision standards set forth in OAR 735-062-0050, the inmate is only eligible for an identification card.

(9) When an inmate’s driving privileges are valid (not suspended, revoked, cancelled or expired more than one year) the inmate must surrender driving privileges in order to be eligible for an identification card. A completed Surrender of Driving Privilege(s), DMV Form 735-7206, must be included with the VWPP application of any inmate who is surrendering driving privileges. A person who surrenders driving privileges must pass all tests and pay all fees associated with an original driver license to regain driving privileges at a later date.

(10) DOC will pay the fee listed in ORS 807.370 or 807.410, as appropriate, for each inmate issued a driver license or identification card in a manner outlined in the interagency agreement.

(11) When an inmate’s driver license or identification card issued pursuant to this rule is renewed or replaced, he or she must provide proof of citizenship or permanent legal residency as required by OAR 735-062-0015, unless DMV records show the person has previously provided such proof.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 802.087
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 802.087
DOC 10-2015, f. & cert. ef. 8-21-15
DOC 12-2012, f. 12-27-12, cert. ef. 1-1-13

Division 208 REIMBURSEMENTS TO COUNTIES

Or. Admin. R. 291-208-0010 Authority, Purpose, Policy, and Applicability

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, and 423.490.

(2) Purpose: The purpose of these rules is to prescribe the manner in which a county may submit a claim to the Department of Corrections for reimbursement for the costs of incarcerating persons sentenced under ORS 813.011, as authorized in ORS 423.490, including the costs of pretrial incarceration.

(3) Policy:

(a) It is the policy of the Department of Corrections to reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, as authorized under ORS 423.490 including the costs of pretrial incarceration, in accordance with these rules from moneys appropriated to the Department of Corrections for this purpose.

(b) Applicability: Reimbursement to counties for the costs of incarcerating offenders under these rules is limited to incarceration costs for offenders who committed the crime of Felony Driving Under the Influence of Intoxicants on or after December 2, 2010

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 813.012, 423.490 & 813.011
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012, 423.490 & 813.011
DOC 18-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 3-2012, f. & cert. ef. 1-27-12
DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12

Or. Admin. R. 291-208-0020 Definitions

(1) Incarceration: For the purposes of these rules, incarceration means confinement in a local correctional facility. This does not include confinement in an alternative form of incarceration, including but not limited to work release, work crew, home detention, or day reporting.

(2) Local Correctional Facility: For the purposes of these rules, a local correctional facility means a local or regional jail for the reception and confinement of prisoners that is provided, maintained, and operated by a county or city and holds persons for more than 36 hours.

(3) Qualifying sentence: For purposes of these rules a qualifying sentence means any sentence imposed for a conviction for Felony Driving Under the Influence of Intoxicants committed on or after December 2, 2010.

(4) Offender: For purposes of this rule, an offender means a person who is sentenced to serve a qualifying sentence.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012
DOC 5-2018, minor correction filed 05/04/2018, effective 05/04/2018
DOC 3-2012, f. & cert. ef. 1-27-12
DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12

Or. Admin. R. 291-208-0030 Reimbursement Process

(1) A county or group of counties requesting reimbursement from the Department of Corrections under these rules must submit an invoice to the Director of the Department of Corrections or designee on a quarterly basis. The invoice shall be on a form developed by the Department of Corrections and made available to counties by the department for this purpose. In order to receive reimbursement, invoices must be received by the Director or designee not later than 45 days after the end of the billing period for which the county or group of counties is requesting reimbursement, unless the Director or designee has granted an extension of time for receipt of the invoice.

(2) In order for a county to receive reimbursement for the costs of incarcerating an offender under these rules, the offender must have:

(a) Completed their qualifying sentence during the quarter for which the invoice is submitted; or,

(b) Been transferred to a state correctional facility to serve the balance of their qualifying sentence during the quarter for which the invoice is submitted; or,

(c) Been transferred to another county’s local correctional facility to continue or complete the term of incarceration; or

(d) Been released from incarceration due to a court order.

(3) Incarceration for probation or post-prison supervision sanctions or revocations is not subject to reimbursement under this rule.

(4) Reimbursement will be made for each day or portion of each day served in a local correctional facility for a qualifying sentence.

(5) If an offender serves a qualifying sentence in multiple counties, each county may submit an invoice for reimbursement for the numbers of days actually incarcerated in a local correctional facility in their county.

(6) If a county rents a jail bed in another county for an offender serving a qualifying sentence, the originating county may submit an invoice for reimbursement for the number of days actually incarcerated in the local correctional facility in the other county.

(7) Invoices may be submitted by a county or a group of counties.

(8) The invoice and supporting documents will include at a minimum the following information and documentation:

(a) Offender’s name;

(b) Offender’s State Identification Number (SID), if assigned;

(c) A certified copy of the Statement of Imprisonment, which certifies the dates the offender was actually incarcerated in a local correctional facility, including pre-trial incarceration, for the qualifying sentence;

(d) A copy of the court’s judgme(9)nt imposing the qualifying sentence; and

(e) The sentence completion date.

(9) Upon receipt of an invoice and the supporting documents described in subsection (8) of this section, the Director or designee will review, determine the correct amount of reimbursement, and approve the invoice. Once the invoice is approved, the Director or designee will forward the invoice to the department’s Accounting unit for payment.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 813.012 & 423.090
Statutes/Other Implemented: 813.011
DOC 18-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 3-2012, f. & cert. ef. 1-27-12
DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12

Or. Admin. R. 291-208-0040 Rate of Reimbursement

(1) Reimbursement to counties from the Department of Corrections for the costs of incarcerating an offender under these rules will be calculated using the rate at which the department provides funds to counties under ORS 423.530 for persons sentenced to 12 months or less of incarceration.

(2) The rate of reimbursement shall be established by the Department of Corrections each biennium.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012
DOC 6-2018, minor correction filed 05/04/2018, effective 05/04/2018
DOC 3-2012, f. & cert. ef. 1-27-12
DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12

Or. Admin. R. 291-208-0050 Limits of Reimbursement

(1) In no case shall reimbursement to a county for the costs of incarcerating an offender exceed the number of days of incarceration ordered by the court.

(2) The total amount of funds paid by the Department of Corrections as reimbursement to counties for incarceration costs under these rules in a biennium will not exceed the amount of funds appropriated to the Department of Corrections for this purpose.

(3) Reimbursements made to counties under these rules are subject to audit by the Department of Corrections.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012
DOC 7-2018, minor correction filed 05/04/2018, effective 05/04/2018
DOC 3-2012, f. & cert. ef. 1-27-12
DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12

Division 209 EARNED DISCHARGE

Or. Admin. R. 291-209-0010 Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.633, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to describe how an adult on supervision may receive a reduction in the period of probation or post-prison supervision in accordance with the provisions of ORS 137.633.

(3) Policy:

(a) It is the policy of the Department of Corrections that the supervisory authority considers eligible adults on supervision for a reduction in the period of probation or post-prison supervision as provided in these rules.

(b) These rules apply to persons convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced on or after August 1, 2013 to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124.

(c) These rules do not apply to those whose supervision has been transferred to Oregon under the Interstate Compact for Adult Offender Supervision.

History

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024
DOC 5-2022, amend filed 06/29/2022, effective 06/29/2022
DOC 19-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 6-2016, f. & cert. ef. 3-30-16
DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16
DOC 21-2014, f. & cert. ef. 11-4-14
DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

Or. Admin. R. 291-209-0020 Definitions

(1) Administrative Sanctions: Sanctions for violating the conditions of supervision that are imposed by the Department of Corrections, the Board of Parole and Post-Prison Supervision or a county community corrections agency, in accordance with ORS 137.593, 137.595, 137.597, 144.109, or 144.346, any provision of ORS Chapter 137 or 144, or administrative rules adopted by the Criminal Justice Commission or Board of Parole and Post-Prison Supervision. Administrative sanctions are less than a revocation action and include, but are not limited to local confinement in jails, restitution centers, work release centers, treatment facilities, or similar facilities or community services work, work crew, and house arrest.

(2) Adult on Supervision: For purposes of this rule, any person under the supervision of a local community corrections agency who is on probation or post-prison supervision status.

(3) Case Plan: A dynamic document created collaboratively with an adult on supervision that specifically identifies their evidence-based assessed risk and needs, accompanied by risk reduction interventions, action plans, and behavior change plans, with timelines.

(4) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured by the act constituting a crime has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction).

(5) Earned Discharge: A discharge from probation or post-prison supervision prior to the scheduled supervision expiration date.

(6) Interventions: Interventions imposed by the Department of Corrections or a county community corrections agency for violations of one or more conditions of supervision. Interventions include, but are not limited to, verbal reprimand, written reprimand, job search programming, increased reporting requirements, curfew, day reporting, modification of conditions, or outpatient treatment. Intervention responses are not counted as custody units and may be imposed along with administrative sanctions.

(7) Restitution: Full, partial, or nominal payment of economic damages to a victim.

(8) Supervising Officer: The parole and probation officer assigned to supervise the adult on supervision.

(9) Supervision: The supervising officer's regular contact with or monitoring of the adult on supervision to assure continued compliance with the general and special conditions of supervision.

(10) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1).

History

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
DOC 5-2022, amend filed 06/29/2022, effective 06/29/2022
DOC 6-2016, f. & cert. ef. 3-30-16
DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16
DOC 21-2014, f. & cert. ef. 11-4-14
DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

Or. Admin. R. 291-209-0030 Procedures

(1) A person is not eligible for earned discharge under subsection (2) of these rules if the person is serving:

(a) A sentence for a crime described in:

(A) ORS 163.095 (Aggravated, Attempted Aggravated, or Conspiracy to Commit Aggravated Murder);

(B) ORS 163.107 (Murder I, Attempted Murder 1, or Conspiracy to Commit Murder 1);

(D) ORS 163.118 (Manslaughter I);

(E) ORS 163.125 (Manslaughter II);

(F) ORS 163.149 (Aggravated Vehicular Homicide);

(G) ORS 163.185 (Assault I);

(H) ORS 163.225 (Kidnapping II);

(I) ORS 163.235 (Kidnapping I);

(J) ORS 163.365 (Rape II);

(K) ORS 163.375 (Rape I);

(L) ORS 163.395 (Sodomy II);

(M) ORS 163.405 (Sodomy I);

(N) ORS 163.408 (Unlawful Sexual Penetration II);

(O) ORS 163.411 (Unlawful Sexual Penetration I);

(P) ORS 163.427 (Sexual Abuse I);

(Q) ORS 163.670 (Use of a Child in Display of Sexually Explicit Conduct);

(R) ORS 164.325 (Arson I);

(S) ORS 164.415 (Robbery I); or

(T) ORS 167.017 (Compelling Prostitution);

(b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095,163.107, or 163.115;

(d) A sentence imposed under the provisions of ORS 161.610 (Enhanced Penalty for Use of a Firearm During Commission of a Felony);

(e) A sentence imposed under the provisions of ORS 161.725 (Standard for Sentencing of Dangerous Offenders) or 161.735 (Procedure for Determining Whether Defendant Dangerous);

(f) A sentence imposed under the provisions of ORS 137.635 (Determinate Sentences Required for Certain Felony Convictions);

(g) A sentence imposed under the provisions of:

(A) ORS 137.690 (Major Felony Sex Crime);

(B) ORS 164.061 (Sentence for Aggravated Theft I When Victim is 65 Years of Age or Older);

(D) ORS 475.925 or 475.930 (Sentences for Certain Controlled Substance Offenses); or

(E) ORS 813.011 (Felony Driving Under the Influence of Intoxicants); or

(h) A term of supervision subject to ORS 144.103.

(2) The maximum reduction earned under this rule may not exceed 50 percent of the period of supervision imposed.

(3) A reduction may not be used to shorten the period of supervision to less than six months.

History

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024
DOC 5-2022, amend filed 06/29/2022, effective 06/29/2022
DOC 19-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 6-2016, f. & cert. ef. 3-30-16
DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16
DOC 21-2014, f. & cert. ef. 11-4-14
DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

Or. Admin. R. 291-209-0035 Notification

At the time of the first meeting with the adult on supervision, the supervising officer shall notify the adult on supervision of their eligibility for earned discharge, and then at least quarterly, shall track and document their progress towards achieving earned discharge and share that document with them.

History

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024
DOC 5-2022, adopt filed 06/29/2022, effective 06/29/2022

Or. Admin. R. 291-209-0045 Earned Discharge

(1) Initial Earned Discharge Reviews:

(a) At 60 days prior to completion of the minimum period of supervision as authorized in OAR 291-209-0030, the supervising officer or designee shall review the adult on supervision’s file and determine if they are in compliance with their conditions of supervision and any applicable supervision case plan which includes that the adult on supervision:

(A) Has either fully paid any restitution and compensatory fine ordered by the court, or established a payment schedule through the court or appropriate supervising authority consistent with ORS 137.106, and is current in their payment obligations;

(B) Has not been administratively sanctioned, excluding interventions, or found in violation by the court in the immediate six months prior to consideration for discharge on the eligible case(s) under review; and

(C) Has completed any specialty court program ordered by the court, all treatment programs with set durations or timeframes and has consistently participated in ongoing treatment programs assigned by the court, BPPPS, or supervising officer.

(b) If the supervising officer or designee determines that the adult on supervision is in compliance, the supervising officer shall recommend to the supervisory authority that it grant earned discharge to the adult on supervision.

(c) Upon receiving a request from the supervising officer, the supervisory authority shall grant the adult on supervision earned discharge if the supervisory authority determines that they are in compliance with their conditions of supervision and any applicable supervision case plan as defined in these rules.

(2) Subsequent Earned Discharge Reviews:

(a) If the supervising officer or designee determines on an initial earned discharge review that the adult on supervision is not in compliance, the supervising officer shall conduct a subsequent earned discharge review upon receiving information at any time thereafter during the period of supervision that the adult on supervision has come into compliance until the adult on supervision is approved for earned discharge or the case under consideration reaches its sentence expiration date.

(3) If the adult on supervision has been convicted of a new felony or misdemeanor crime that occurred while on supervision for the case under consideration, they are not eligible for earned discharge.

History

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
DOC 3-2025, minor correction filed 03/11/2025, effective 03/11/2025
DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024
DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024
DOC 5-2022, adopt filed 06/29/2022, effective 06/29/2022

Or. Admin. R. 291-209-0070 Appeals

Appeals will be processed through the supervisory authority’s grievance policy.

History

Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075
Reverted to DOC 21-2014, f. & cert. ef. 11-4-14
DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16
DOC 21-2014, f. & cert. ef. 11-4-14
DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14

Division 210 TRANSGENDER AND INTERSEX (AIC)

Or. Admin. R. 291-210-0010 Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for the identification, assessment, review, and management of AICs who present or identify as transgender or intersex.

(3) Policy: Within the inherent limitations of resources, and the need to maintain facility security, order and discipline, the health and safety of AICs and staff, and to further AIC rehabilitation, it is the policy of the Department of Corrections, based on available information, to:

(a) Seek to identify AICs that present as transgender or intersex upon delivery to the Department of Corrections during intake processing; and

(b) Assess, review, and manage AICs who identify as transgender or intersex on a case-by-case basis, in a respectful manner, considering each AIC’s individual circumstances, including but not limited to the AIC’s physical sexual characteristics, gender identification, physical presentation, behavior, and programming needs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019
DOC 10-2017, f. & cert. ef. 6-8-17
DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17
DOC 20-2014, f. & cert. ef. 10-13-14
DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14

Or. Admin. R. 291-210-0020 Definitions

(1) Adult in Custody (AIC): Any person under the supervision of DOC who is not on parole, post-prison supervision, or probation.

(2) Behavioral Health Services (BHS): A Department of Corrections Health Services unit with primary responsibility for the assessment and treatment of AICs with mental illness, developmental disabilities and substance use disorders.

(3) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women.

(4) Gender dysphoria: A psychological condition characterized by significant emotional distress and impairment in life functioning, caused by incongruence between gender identity and sex assigned at birth.

(5) Gender Identity: Distinct from sexual orientation and refers to a person’s internal, deeply felt sense of being male, female or something else.

(6) Intersex: A medical condition in which a person is born with external genitalia, internal reproductive organs, chromosome patterns, or an endocrine system that does not fit typical definitions of male or female.

(7) PREA Compliance Manager: A management staff person designated by the institution functional unit manager with sufficient time and authority to coordinate the facility’s efforts to comply with the federal PREA standards.

(8) Transgender and Intersex Committee: A multi-disciplinary working group of DOC officials that reviews and determines appropriate housing assignments, recommends safety plans and provides support for AICs who identify as transgender or intersex. The committee will include at least one individual with knowledge of gender issues facing transgender and intersex AICs.

(9) Transgender: A person who identifies with or expresses a gender identity that differs from their assigned sex at birth.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019
DOC 10-2017, f. & cert. ef. 6-8-17
DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17
DOC 20-2014, f. & cert. ef. 10-13-14
DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14

Or. Admin. R. 291-210-0030 Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex at Intake

(1) Identification at Intake: Staff shall seek to identify AICs who present or identify as transgender or intersex upon delivery to the Department of Corrections during intake processing, based on available information from the county, the AIC (including the AIC’s stated gender identity, if any), and as developed by staff.

(2) Appropriate and Professional Questioning:

(a) Staff shall interview AICs regarding their sex and gender identity only when necessary to develop information for making appropriate intake and housing assignments, classification assignments, programming assignments; to provide health care and health assessments; and as necessary for the AIC's health or safety, or for the safe, secure, and orderly operation of the facility.

(b) Staff shall interview AICs in a private and professional manner to avoid subjecting the AIC to the risk of possible abuse or ridicule.

(c) Designated staff shall submit information to the Transgender and Intersex Committee for review and determination of appropriate housing placement.

(3) Initial Placement in Holding Cell: When staff identify an AIC who presents or identifies as transgender or intersex during intake processing, staff shall place the AIC in a holding cell with no other AICs present to provide for the AIC's safety and to provide the AIC with a measure of privacy pending further review.

(4) Unclothed Searches:

(a) Unclothed searches are performed by appropriate security staff on each AIC upon the AIC's delivery to the facility. Ordinarily, a security staff member of the same gender as the AIC will be assigned to conduct the unclothed search.

(b) When an AIC identifies or presents as transgender or intersex during intake, staff shall ask the AIC to identify whether they prefer that male or female staff conduct the unclothed search.

(c) If an AIC who has not previously been identified as transgender or intersex during intake processing later identifies or presents as transgender or intersex during the conduct of an unclothed search, staff will immediately cease conducting the search and ask the AIC the gender of security staff they prefer to conduct the unclothed search. Staff will accommodate the AIC’s stated preference.

(5) Intake Housing Assignment:

(a) Following initial placement in a holding cell, an AIC who identifies as transgender or intersex during intake processing shall be assigned to a single cell in the Infirmary, on a space available basis, until the appropriate housing for the AIC has been staffed by the Transgender and Intersex Committee.

(b) If there are no infirmary beds available, the functional unit manager or designee will assign the AIC to appropriate alternative housing in the facility, and document the reasons for the alternative housing assignment.

(6) Clothing at Intake Center: AICs who identify as transgender or intersex at intake will be issued the following clothing to wear during intake processing: two sets of scrubs; two t-shirts; one sweatshirt; two bras (if requested or needed); underwear (type issued based on AIC request); pajamas (type issued based on AIC request); and socks and intake shoes.

(7) Recreation at Intake Center: AICs who identify as transgender or intersex at intake will be afforded the opportunity for out of cell time on the same basis as other AICs assigned to the unit they are being housed in or as facility operation allows. A minimum out of cell time for all AICs will be three times a week or as staff availability and circumstances allow.

(8) Shower and Hygiene at Intake Center: AICs who identify as transgender or intersex at intake shall be given the opportunity to shower privately from other AICs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019
DOC 10-2017, f. & cert. ef. 6-8-17
DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17
DOC 20-2014, f. & cert. ef. 10-13-14
DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14

Or. Admin. R. 291-210-0040 Facility and Housing Assignments

(1) The Transgender and Intersex Committee will collect and review relevant information regarding AICs who identify as transgender or intersex and make appropriate facility and housing assignment decisions on a case-by-case basis.

(2) The Transgender and Intersex Committee will notify staff at the receiving facility of facility and housing assignment decisions regarding the AIC prior to the AIC’s transfer.

(3) When an AIC is assigned to a facility by the Transgender and Intersex Committee, designated facility staff will determine and assign the AIC to appropriate housing within the facility unless the AIC’s housing assignment has been specifically directed by the Transgender and Intersex Committee.

(4) An AIC who identifies as transgender or intersex may not be transferred to another facility without the Transgender and Intersex Committee approval.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019
DOC 10-2017, f. & cert. ef. 6-8-17
DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17

Or. Admin. R. 291-210-0050 Identification, Assessment, Review, and Management of AICs who Identify as Transgender or Intersex after Facility Assignment

(1) Identification after Facility Assignment: If an AIC identifies as transgender or intersex after being assigned to a facility, staff shall notify Behavioral Health Services and the PREA Compliance Manager at the receiving facility. The PREA Compliance Manager will notify the Transgender and Intersex Committee and gather information for the Transgender and Intersex Committee’s review.

(2) Appropriate and Professional Questioning:

(a) The PREA Compliance Manager shall interview the AIC regarding the AIC’s assigned sex at birth, gender identity, gender expression, and security concerns, and submit information to the Transgender and Intersex Committee for its review.

(b) Behavioral Health Services will assess the AIC for gender dysphoria and submit information to the Transgender and Intersex Committee for its review, upon approval from the AIC.

(c) Staff shall interview the AIC in a private setting and in a professional manner to avoid subjecting the AIC to the risk of possible abuse or ridicule.

(3) Unclothed Searches and Urinalysis Sample Collection:

(a) After assignment and delivery to a permanent facility, unclothed searches of the AIC and urinalysis sample collection, for the purpose of drug screening, will ordinarily be conducted by male staff in facilities that are generally designated to house male AICs, and by female staff in facilities that are generally designated to house female AICs.

(b) However, the AIC may request approval from the Transgender and Intersex Committee, via an AIC communication form, to have unclothed searches and urinalysis sample collection, for the purpose of drug screening, conducted by security staff of the other gender, subject to staff availability and circumstances.

(c) If the AIC’s request is approved by the Transgender and Intersex Committee, security staff shall accommodate the AIC’s stated preference when staff availability and circumstances allow.

(4) Department-Issued Clothing:

(a) Female undergarments may be issued to and worn by the AIC when assigned to a designated male facility if assigned to the AIC by the PREA Compliance Manager.

(b) Male undergarments may be issued to and worn by the AIC when assigned to a designated female facility if assigned to the AIC by the PREA Compliance Manager.

(5) Shower and Hygiene: If requested, transgender and intersex AICs shall be given the opportunity to shower separately from other AICs.

History

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
DOC 18-2019, amend filed 12/05/2019, effective 12/05/2019
DOC 10-2017, f. & cert. ef. 6-8-17
DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17