justicedao/ipfs_state_laws huggingface dataset:
137-087-0035 Interface Standards — Other BIPs (1) Purpose. The purpose of sections (2)–(4) of this rule is to promote accountability and completion of BIP program requirements and to deter batterers from changing enrollment from one BIP to another BIP to avoid accountability. (2) Restrictions on Participant Transfer. A participant may not transfer from one BIP to another BIP without the specific authorization of the LSA or MA, or its agent, with supervisory responsibility for the batterer. (3) Authorization to Obtain Information. After receiving a referral for a new BIP participant from the LSA or MA, a BIP shall require the participant to authorize any former BIP(s) to send the new BIP information about the participant’s attendance, participation and payment record, Accountability Plan, exit summary and transfer plan. The new BIP shall promptly request the authorized information from any former BIP(s). (4) Credit for Sessions. The new BIP may, but is not required to, extend credit for the number of sessions attended at the former BIP; however, the participant shall be required to complete all of the new BIP’s program requirements before program completion. (5) Participation in BIP Organizations. A BIP shall be active in local and statewide BIP organizations to help: (a) Provide quality services to enhance the safety of victims; (b) Participate in peer review that fosters statewide compliance with the standards set out in these rules; (c) Discourage practices by other BIPs that do not comply with these standards; (d) Assist in the development of relationships with VPs and others in the coordinated community response to domestic violence; (e) Share research results and new practices with other BIPs; and (f) Cooperate, to the extent practicable, in research on domestic violence that is approved by the Council and otherwise consistent with victim or partner safety, and collaborate in the production and dissemination of research findings. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0040 Interface Standards — Social Service Interfaces BIP Responsibilities. To the extent reasonably practicable, a BIP shall: (1) Establish a liaison with the DHS office in the BIP’s service area(s); (2) Participate in and seek to join the Council if a Council exists in the BIP’s service area(s); (3) Coordinate with community members to provide community education and public awareness campaigns related to domestic violence; (4) Assist in training professionals in the community about batterers, services for batterers and accountability for batterers; and (5) Collaborate with community representatives on issues of public policy related to safety for battered women and children, and intervention with batterers. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0045 Intervention Strategies (1) Appropriate Intervention Strategies. A BIP’s intervention strategies shall include, but are not limited to, the following: (a) Using a culturally specific curriculum whenever possible; (b) Increasing the participant’s understanding of the causes, types and effects of his battering behavior; (c) Identifying beliefs that support battering; (d) Using respectful confrontation that encourages participants to challenge and change their beliefs and behaviors; (e) Addressing tactics used to justify battering such as denial, victim blaming, and minimizing; increasing participant recognition of the criminal aspect of his thoughts and behavior; and reinforcing participant identification and acceptance of personal responsibility and accountability for such tactics; (f) Reinforcing appropriate respectful beliefs and behavioral alternatives; (g) Promoting participant recognition of and accountability for patterns of controlling and abusive behaviors and their impacts, and participant responsibility for becoming non-controlling and non-abusive; and (h) Ensuring that the impact of battering on victims, partners and children, including their safety and their right to be treated respectfully as individuals, remains in the forefront of intervention work. (2) Inappropriate Intervention Strategies. The following intervention strategies are inappropriate and inconsistent with these standards because each compromises victim safety: (a) Blaming the participant’s decision to batter on the victim’s qualities or behaviors; (b) Coercing, mandating, requiring or encouraging victim or partner disclosure of information or participation in the intervention with the participant; (c) Offering, supporting, recommending or using couples, marriage or family counseling or mediation as appropriate intervention for battering; (d) Identifying any of the following as a primary cause of battering or a basis for batterer intervention: poor impulse control, anger, past experience, unconscious motivations, substance use or abuse, low self-esteem, or mental health problems of either participant or victim; (e) Using ventilation techniques such as punching pillows or encouraging the expression of rage; (f) Viewing battering as a bi-directional process with responsibility shared by the victim; (g) Viewing battering as an addiction and the victim as enabling or co-dependent in the battering; or (h) Using actions or attitudes of moral superiority, or controlling or abusive behaviors toward participants. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0075 Post-Release Services (1) Service Eligibility. A BIP may provide post-release services to a participant only after his release for program compliance. (2) Cost of Services. Whenever possible, a BIP shall offer post-release services at little or no cost for former participants to encourage long-term and on-going participation in such services. (3) Elements of Services. Post-release services may include but are not limited to: (a) Occasional attendance of the group or class the former participant has left; (b) Periodic individual meetings with BIP staff to assess maintenance and to review the Accountability Plan developed pursuant to OAR 137-087-0050; (c) Periodic group or class meetings of typical or extended length conducted specifically for post-release men; and (d) Regularly scheduled group or class meetings on an on-going basis. (4) Limit on Role of Services. Attendance in a post-release group or class shall not substitute for re-enrolling in a BIP or as the primary intervention when there is a new legal charge, court mandate to complete a BIP, or when the participant or partner reports physical violence. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0095 Program Review (1) Review of BIP Performance. An LSA and/or MA, in consultation with the Council, shall periodically review the performance of BIPs located within the jurisdiction of the LSA for compliance with these rules. LSAs are strongly encouraged to conduct regular reviews of programs and to only refer batterers to programs that are in compliance with these rules or that are working to achieve compliance. (2) Availability of Records. Except for victim or partner records a BIP shall not disclose, a BIP shall make records available for, and require its staff to cooperate with, program review described in section (1) of this rule. (3) Distribution of Review. If a review is completed under section (1) of this rule, a copy of the review shall be provided to the BIP executive director, board of directors and owners, and sent by the LSA to the presiding judge and the district attorney for the county in which the LSA operates. (4) Action on Recommendations. Within 90 days after receipt of the written copy of the review by the BIP, the BIP shall take any corrective actions recommended by the review or advise the LSA and MA in writing why the BIP does not intend to take a particular corrective action. The BIP shall provide a copy of its written response to the Council. (5) Grievance Policies and Procedures. Each BIP shall develop, implement, and fully inform participants of grievance policies and procedures that provide for receipt of written grievances from participants. The BIP shall document the receipt, investigation, and any action taken as to the written grievance. (6) Complaint Procedure. Any person, other than a participant, with a concern about a BIP's service delivery may file a written complaint with the BIP. The BIP shall respond to the complaint in writing within a reasonable period of time. In its written response, the BIP shall inform the person that if he or she is not satisfied with the BIP's response, the person may direct his or her complaint to the LSA or the Council. (7) The BIP Advisory Committee, established in these rules, shall periodically survey BIP compliance with these rules. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 13-2012, f. 7-31-12, cert. ef. 8-1-12 DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-087-0100 BIP Advisory Committee The Attorney General shall appoint an Advisory Committee composed of representatives from LSAs, BIPs and VPs, and of other members the Attorney General deems appropriate. At the request of the Attorney General and consistent with ORS 180.700, the advisory committee shall evaluate the operation of these standards and provide the Attorney General with any amendments the committee recommends, and shall evaluate requests for demonstration projects that require a waiver of these BIP rules. Statutory/Other Authority: ORS 180.070 - 180.710 Statutes/Other Implemented: ORS 180.070 - 180.710 History: DOJ 16-2005, f. 11-23-05, cert. ef. 1-1-06
137-090-0000 Purpose The purpose of these rules is to provide standards, policies and procedures for the operation of the Criminal Intelligence Unit (CIU) of the Organized Crime Section, and to ensure compliance with 28 CFR Part 23. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), 180.610(3), 180.610(4) & 28 CFR Part 23 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0010 Authority The Criminal Intelligence unit operates under the authority of ORS 180.610(2), (3), and (4). Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610 (2), 180.610(3) & 180.610(4) History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0020 Abbreviations (1) CIU: Criminal Intelligence Unit. (2) CIUS: Criminal Intelligence Unit Supervisor. (3) CJD: Criminal Justice Division. (4) AIC: Attorney in Charge of the Organized Crime Section. (5) CIU/AAG: Assistant Attorney General assigned to the Criminal Intelligence Unit. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), 180.610(3) & 180.610(4) History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0030 Criminal Intelligence Unit Mission The mission of the Criminal Intelligence Unit is to provide the Department of Justice and Oregon law enforcement agencies with a statewide criminal information base and analyses which meets their needs to protect the public and suppress criminal activity. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), 180.610(3) & 180.610(4) History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0040 Public Access (1) The Criminal Intelligence Unit will comply with the the Oregon Public Records law in responding to requests by members of the public for file information to the extent that the law allows and to the degree the materials requested are not classified according to defined restrictions on dissemination. (2) The Criminal Intelligence Unit will comply with the “Third Agency Rule” which is explained as follows: Reports and other investigative material and information received by the Criminal Intelligence Unit shall remain the property of the originating agency, but may, subject to consideration of official need, be retained by the Criminal Intelligence Unit. Such reports and other investigative material and information shall be maintained in confidence, and no access shall be given thereto except, with the consent of the investigative agency concerned, to other departments and agencies on a right to know, need to know basis. This policy also applies to individuals, groups or organizations requesting specific records or material under the Freedom of Information Act or Oregon Public Records Law. (3) The originating agency shall determine whether the investigative report, material or other information may be released to the requestor, or whether the requestor should be referred to that agency for disposition of the case. In any case, the decision by the originating agency shall not be contested by the Criminal Intelligence Unit. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), 180.610(3) & 192.410 et seq. History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0050 Definition of Reasonable Grounds As used in these rules, reasonable grounds means reasonable suspicion. Reasonable suspicion is suspicion that is reasonable under the totality of the circumstances. It is less than probable cause and more than mere suspicion. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3) & (4) History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0060 Definition of Criminal Intelligence File A criminal intelligence file consists of stored information on the activities and associations of: (1) Individuals who: (a) Based upon reasonable suspicion are suspected of being or having been involved in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or (b) Based upon reasonable suspicion are suspected of being or having been involved in criminal activities with known `or suspected crime figures. (2) Organizations, businesses, and groups which: (a) Based upon reasonable suspicion are suspected of being or having been involved in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or (b) Based upon reasonable suspicion are suspected of being or having been illegally operated, controlled, financed, or infiltrated by known or suspected crime figures. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4), 181.575 & 28 CFR §23.20 History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0070 File Content Only information meeting the CIU’s criteria for file input will be stored in the criminal intelligence files. No information will be collected or maintained about the political, religious, racial, or social views, sexual orientation, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect the subject of the information is, or may be, involved in criminal conduct. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4), 181.575 & 28 CFR §23.20 History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0080 File Categories All information to be retained in the criminal intelligence files must meet the stated guidelines for file definition and content. Information will only be retained in one of three file categories as set forth below: (1) Working File: (a) The working file is the receiving phase of newly acquired raw data. The CIU staff review the new materials for its acceptability to the CIU’s criminal intelligence system. (b) Retention Period: The retention period is thirty working days during which effort is made to determine the value of the raw data and its acceptability to the CIU’s criminal intelligence system. (2) Temporary File: (a) The temporary file includes individuals, groups, businesses, and organizations which have not been positively identified by one or more distinguishing characteristics, or whose criminal involvement is questionable; (b) Individuals, groups, and organizations are given temporary file status only in the following situations: (A) The subject is unidentifiable because there are no physical descriptors, identification numbers, or distinguishing characteristics available; and (B) The subject’s involvement in criminal or gang activities is questionable; and (C) The subject has a history of criminal or gang conduct, and the circumstances afford him an opportunity to again become active; and/or (D) The reliability of the information source and/or the validity of the information content cannot be determined at the time of receipt; and (E) The information appears to be significant and merits temporary storage. (c) Retention Period: The retention period is one year during which time effort is made to secure additional data verification. If the information still remains in the temporary file at the end of one year with no update information added, and no information is available, the information is purged and destroyed. (3) Permanent File: (a) This file includes individuals, groups, businesses, and organizations which have been positively identified by one or more distinguishing characteristics and criminal involvement; (b) Retention Period: The retention period is five years after which the information is evaluated for its file acceptability. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4), 181.575 & 28 CFR §23.20 History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0090 Information Input Information to be stored in the CIU’s criminal intelligence file must first undergo a review for relevancy and an evaluation for source reliability and information validity prior to filing: (1) Relevancy Review: Incoming information is reviewed by the CIUS, or a designee of the Chief Counsel, to determine its relevancy to the CIU’s mission. (2) Source Reliability: The term, source, relates to the individual, group, or organization providing the information to the CIU. Source reliability will be determined according to the criteria set forth in Table 1. [Table not included. See ED. NOTE.] (3) Information Validity: The term, information, relates to written, oral, and/or pictorial materials provided to the CIU by the individual, group, or organization. Information validity will be determined according to the criteria set forth in Table 2. [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), 180.610(3), 180.610(4) & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0110 Information Contributions To the extent possible, all criminal intelligence maintained in CIU files must display the names and phone numbers of persons and agencies providing the information. When anonymity is requested by a contributor, a contributor code number may be used. All contributor code numbers will be provided and retained by the CIUS. When a contributor’s name identification is difficult to obtain, it will suffice to describe the contributor in general terms. All information obtained from the public domain will be identified by document name, date and page number. In addition to identifying the source, the manner in which the source obtained the information is described. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4) & 28 CFR §23.20 History: JD 2-1989, f. & cert. ef. 9-13-89
137-090-0120 Quality Control Information stored in the CIU’s criminal intelligence file will undergo a review by the CIUS, or a designee of the Chief Counsel, for compliance with the law and with the standards, policies, and procedures of this chapter before its entry into the file. The CIU/AAG shall provide legal oversight and advice to CIU personnel in all matters involving the CIU to insure compliance with federal and state law. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4), 181.575 & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0140 Security Because security and protection of the materials in the criminal intelligence file is of utmost importance, the following procedures shall be observed: (1) Policy: All CIU employees shall be thoroughly familiar with access and dissemination policies of this chapter. All other persons authorized to access criminal intelligence information as provided in these rules shall agree to follow procedures regarding information access, security, and dissemination which are consistent with these rules. (2) Access: Direct access to the CIU’s criminal intelligence files is limited to CIU file section employees, the CIUS and personnel of criminal justice agencies as approved by the CIUS. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4) & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89
137-090-0150 File Review and Inspection (1) Review Authority: All information in the criminal intelligence file is subject to review at any time by the Chief Counsel, Attorney-in-Charge of the Organized Crime Section, Chief Investigator, CIU/AAG, Deputy Attorney General and Attorney General. (2) CIUS Document Review: By July 1 of each year, the CIUS shall review a representative random sample of the materials in the file to determine the need for document classification change in accordance with this chapter. (3) CIUS Operational Inspection: By July 1 of each year, the CIUS will inspect all aspects of the intelligence file operation. This inspection shall include, but not be limited to, the following: (a) Parameters of Review: Review the CIU rules to insure they are in accordance with current law and accurately reflect the standards, policies and procedures of CJD. Check recently submitted criminal intelligence to insure it meets CIU criteria. Review indexing for compliance with established CIU procedures. Check completed electronic source document for accuracy — AKAs, monikers, categories, sequence numbers, and other requirements. Review the electronic accounting audit information to ensure it is properly maintained and functioning appropriately; (b) Review Procedures: The CIU staff shall select at random five electronic source documents from each major crime category. Staff will review these documents to ensure that all materials meet file criteria. Staff will ensure that electronic purge information is accurate and complete. Staff will study all materials not meeting the criteria and will take immediate corrective action; (c) Criminal Intelligence Unit Supervisor’s Report: The CIUS shall compose a written report of the findings of this review and shall submit the report to the Chief Counsel through the Chief Investigator and Attorney-in-Charge of the Organized Crime Section. The report will describe the general condition of the files and any corrective measures taken. Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610(2), (3), (4), 181.575 & 28 CFR §23.20 History: DOJ 11-2000, f. & cert. ef. 8-9-00 JD 2-1989, f. & cert. ef. 9-13-89