justicedao/ipfs_state_laws huggingface dataset:
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. (c) Internal quality assurance may include: (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. 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 4-2024, 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
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 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 History: 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
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 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 History: DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021 DOC 6-1998, f. & cert. ef. 3-26-98
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. 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 History: 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
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. 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 History: 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
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. 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 History: 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
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. 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 History: 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
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. 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 History: DOC 12-2021, amend filed 10/07/2021, effective 10/07/2021 DOC 6-1998, f. & cert. ef. 3-26-98
291-082-0100 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, 421.445, 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 inmates 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 inmates 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, federal governmental agencies, private non-profit and private entities for the use of inmate labor and services on work projects. (b) The department will enforce the following procedures for inmate work crew supervision to support the safety and security of the community, staff, supervisors, and inmates. 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 History: 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
291-082-0115 Initial Work Housing Assignment Level Evaluation (WHALE) (1) A WHALE shall be completed on all inmates who have been classified as Level 1 or Level 2 in order for the inmate to be considered for a community work assignment or for housing in an unfenced facility. (2) The assigned counselor shall initiate the automated WHALE, review for accuracy of information imported from the CIS, and enter any additional information gleaned from file review or other sources. (3) The WHALE 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 WHALE actions are historically recorded and maintained in the CIS system. 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 History: 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
291-082-0120 Work Housing Assignment Level Evaluation (WHALE) Review (1) An inmate’s WHALE shall be reviewed when new information is received that affects the WHALE level. (2) The inmate’s assigned counselor will receive an automated alert when new information is received that will affect the WHALE level. (3) The new WHALE action shall be forwarded to the Correctional Rehabilitation Manager or designee for approval. No WHALE action is official until approved by the Correctional Rehabilitation Manager or designee. 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 History: 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
291-082-0125 On-site Work Exception (1) Recommendation of an inmate for an on-site work exception will be at the discretion of the assigned counselor. Reasons for consideration for on-site recommendation by the counselor may be, 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 will be made by the facility functional unit manager or designee. (3) On-site work assignment approval is only valid at the facility where the decision was made, and will automatically expire if the inmate is transferred to any other Department of Corrections facility. 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 History: 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
291-082-0130 Work Housing Assignment Level Evaluation Quality Assurance Review (1) The Office of Population Management is responsible for reviewing institution WHALE procedures and decisions. (2) Reviewing shall consist of routine review of Work Housing Assignment Level Evaluations at each DOC 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 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 Operations Division Institution Administrator for corrective action. (4) The Office of Population Management is responsible to review the last WHALE for any inmate 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. 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 History: 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
291-082-0135 Inmate Work Crews Agreements (1) The Department of Corrections may, at its discretion, assign inmate work crews to work in the community on local, state, federal governmental agencies, private non-profit or private entity work projects. (2) Facility functional unit managers will use private partnership review guidelines in determining appropriateness of private sector agreement requests. 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 History: 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
291-082-0140 Supervision/Security Provisions for Inmate Work Crews (1) If the Department of Corrections assigns an inmate work crew within three blocks of a school, the functional unit manager or designee will ensure notification is made to the affected school on dates, times and location of inmate work crew. (2) When an inmate 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) Inmate work crews working out-of-doors within a city or in a residential community located outside of a city will be supervised by a minimum of one supervisor for every ten inmates. The facility functional unit manager or designee may, with the approval of the Assistant Director of Operations or designee, assign additional inmates without an additional supervisor if an unforeseen and unique circumstance arises. (4) The provisions specified in sections (2) and (3) are not required for inmate work crews deployed during natural disasters, including but not limited to, floods and forest fires. (5) The provisions specified in sections (2) and (3) do not apply to inmate work crews assigned to work in programs operated by Oregon Corrections Enterprises under ORS 421.344 to 421.367. (6) All assigned inmates will be dressed uniformly in clothing clearly stenciled in orange writing, or black writing for better contrast, that designates them as inmates. (7) Upon arrival at a worksite, Department of Corrections signs stating an inmate 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 inmates, unless the nature of a work task requires the supervisor to monitor an inmate by physically moving throughout the worksite. (9) At a minimum, the inmate work crew supervisor will account for each inmate once every 30 minutes. (10) All inmate 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 into by that agency and the Department of Corrections. (11) The department will require in its intergovernmental agreements with local, state or federal government agencies that the employees exercising supervision over inmates assigned to agency work crews receive appropriate training in accordance with OAR 291-082-0145. (12) Institution post orders will be maintained in support of this rule. 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 History: 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