justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018
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. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018
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. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 21-2018, adopt filed 08/10/2018, effective 08/10/2018
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. 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 History: DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023
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). 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 History: DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023
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. 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 History: DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023
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. 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 History: DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023
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. 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 History: DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023
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. 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 History: DOC 3-2023, adopt filed 01/20/2023, effective 01/20/2023
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). 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 History: DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025 DOC 2-2005, f. & cert. ef. 2-24-05
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. 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 History: DOC 1-2025, adopt filed 01/14/2025, effective 01/14/2025
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 November 1, 2024. The rules may be viewed at the Interstate Compact for Adult Offender Supervision (ICAOS) website at www.interstatecompact.org. 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 History: 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
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. 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 History: DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025 DOC 25-2011, f. 12-5-11 cert. ef. 12-7-11
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. 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 History: DOC 1-2025, amend filed 01/14/2025, effective 01/14/2025 DOC 2-2005, f. & cert. ef. 2-24-05
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; (c) The rehabilitative effect of the application fee and compact transfer; and (d) The community’s interests in the transfer of the adult on supervision. 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 History: 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
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. 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 History: 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
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. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: 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
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. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: 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