justicedao/ipfs_state_laws huggingface dataset:
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. 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 History: 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
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. 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 History: 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
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. 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 History: 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
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. 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 History: 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
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. 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 History: 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
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. 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 History: 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
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. 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 History: DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
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. 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 History: DOC 9-2017, f. 6-8-17, cert. ef. 6-12-17
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. 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 History: 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
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. 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 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
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 (c) Ask the inmate to give a practical example of how the information may affect the inmate’s decision. (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 (c) The inmate has previously disagreed or now disagrees with the recommendation for psychotropic medications. 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 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
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; (c) The material risks 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 (c) Whether the inmate or guardian requested and received additional information. (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. 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 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
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; (c) Refuse consent; or (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 (c) Involuntary administration of psychotropic medications for good cause as provided in OAR 291-064-0070. 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 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
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 (c) Immediate administration of psychotropic medication is medically necessary because the inmate has: (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 (c) Refer the determination of good cause for review as provided in OAR 291-064-0080. (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. 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 History: 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