justicedao/ipfs_state_laws huggingface dataset:
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. 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 History: DOC 13-2015, f. & cert. ef. 10-20-15 CD 25-1991, f. & cert. ef. 12-11-91
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; (c) Placing appropriate designators; (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. 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 History: DOC 13-2015, f. & cert. ef. 10-20-15 CD 25-1991, f. & cert. ef. 12-11-91
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. 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 History: DOC 13-2015, f. & cert. ef. 10-20-15 CD 25-1991, f. & cert. ef. 12-11-91
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. 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 History: DOC 13-2015, f. & cert. ef. 10-20-15 CD 25-1991, f. & cert. ef. 12-11-91
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. 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 History: DOC 13-2015, f. & cert. ef. 10-20-15 CD 25-1991, f. & cert. ef. 12-11-91
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. 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 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
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. 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 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
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. 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 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
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. 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 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
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. 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 10-2020, amend filed 06/18/2020, effective 06/18/2020 DOC 4-2019, adopt filed 01/22/2019, effective 01/22/2019
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. 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 4-2019, adopt filed 01/22/2019, effective 01/22/2019
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. 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 4-2019, adopt filed 01/22/2019, effective 01/22/2019
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. 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 History: 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