justicedao/ipfs_state_laws huggingface dataset:
291-109-0235 Final Grievance Appeals (1) An adult in custody may appeal a functional unit manager’s or designee’s response to an initial grievance appeal using the grievance appeal form: (a) The final grievance appeal must include the original grievance, initial grievance appeal, attachments and employee response(s). (b) The final grievance appeal must comply with the timeframes set forth in OAR 291-109-0205. (c) The scope of the original grievance cannot be expanded on appeal. (d) No new information may be submitted with the final grievance appeal unless the information was unavailable to the adult in custody at the time the original grievance was filed or if the initial grievance response or initial grievance appeal response noted that the information was missing and the submitted information is directly related to the alleged issue or incident being grieved. (2) After the final grievance appeal has been date stamped and recorded, the adult in custody will be issued a return receipt. If accepted, the final grievance appeal will be forwarded to the Assistant Director or designee having authority to review and resolve the problem or concern. (3) If a final grievance appeal is returned to the adult in custody because it does not comply with these rules, the adult in custody may elect to resubmit the final grievance appeal to the institution grievance coordinator. In order to be accepted, the final grievance appeal must be received by the institution grievance coordinator within 14 calendar days from the date the final grievance appeal was sent back to the adult in custody for correction and have the required corrections to bring the final grievance appeal into compliance with these rules. The return receipt must accompany the resubmitted final grievance appeal. If corrected and resubmitted, the original grievance appeal and complete packet must also be attached to the final grievance appeal. Multiple resubmissions may not exceed the initial 14-day timeline. (4) The Assistant Director or designee shall respond to the adult in custody’s final grievance appeal within the timeframes set forth in OAR 291-109-0205. (5) The Assistant Director’s or designee’s decision on an adult in custody’s final grievance appeal is final and is not subject to further review. Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 History: DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019
291-109-0250 Retention of Adult in Custody Grievances (1) The institution 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) Grievances will not be filed in the adult in custody’s working file. (3) Grievances will not be filed in the employee’s working file. Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 History: DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025 DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019
291-111-0100 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 179.360, 423.020, ORS 423.030, and ORS 423.075. (2) Purpose: The purpose of these rules is to establish procedures consistent with state and federal law that ensure that qualified adults in custody (AICs) are not excluded from participation in, or denied the benefits of DOC programs, services, or activities, or otherwise subjected to discrimination, because of a disability. (3) Policy: (a) It is the policy of the Department of Corrections to ensure that qualified AICs are not excluded from participation in, or denied the benefits of department programs, services, or activities, or otherwise subject to discrimination, because of a disability. (b) Due to the complex nature of the correctional setting, an AIC who believes they are or have been excluded from participation in, or denied the benefits of, programs, services, or activities, may use the department’s grievance review system. (c) Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that all AICs be treated fairly and equitably, and that staff actions and decisions be consistent with the rules, policies, and procedures of the department. 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 19-2020, adopt filed 11/09/2020, effective 11/09/2020
291-111-0125 Americans with Disability Act Grievance process (1) Allegations regarding alleged ADA accessibility claims will be filed utilizing the process outlined in OAR 291-109 (Grievance Review System). The institution AIC ADA Coordinator will be assigned to assist in the review and investigation of the claim. The grievance will be responded to by the Statewide AIC ADA Coordinator in consultation with the institution AIC ADA Coordinator. Grievance appeals will be processed in accordance with OAR 291-109. (2) Allegations of inappropriate comments to or about an AIC’s disability will be filed utilizing the process outlined in OAR 291-006 (Discrimination Complaint Review System). The Institution Discrimination Complaint Coordinator, or other assigned staff, will coordinate the investigation. The discrimination complaint will be responded to by the appropriate Functional Unit Manager. The discrimination complaint appeal will be processed in accordance with OAR 291-006. (3) AICs have the right to correspond with and receive a response from an institution AIC ADA Coordinator or the Statewide AIC ADA Coordinator regarding concerns of disability discrimination or any ADA related matter. (4) The institution AIC ADA Coordinator cannot be grieved for claims involving medical treatment or the scope and quality of medical care. Grievances claiming such issues shall be made against the appropriate Health Services provider. Statutory/Other Authority: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659a.142 & 42 USC § 12132. Statutes/Other Implemented: ORS 179.040, 179.360, 423.020, 423.030, 423.075, 659a.142 & 42 USC § 12132. History: DOC 19-2020, adopt filed 11/09/2020, effective 11/09/2020
291-113-0005 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, 421.084, 423.020, 423.030, 423.075, and 423.085. (2) Purpose: The purpose of this rule is to establish uniform requirements for the correctional education programs offered in Department of Corrections facilities. (3) Policy: It is the policy of the Department of Corrections, within the resources available, to provide educational programs that are responsive to the assessed needs of adults in custody (AICs). (a) Pursuant to ORS 179.750(2), there will be no discrimination in the provision of education facilities and services in state institutions, including those administered by the Department of Corrections, on the basis of age, race, religion, gender, gender identity, marital status, national origin, disability, or any other protected class. Criteria for selection and assignment to these programs shall be equitable and nondiscriminatory for all participants based on the adult in custody’s interest, academic need, aptitude, prior academic record, and career goals as identified at the time of admission to a Department of Corrections facility. (b) Pursuant to ORS 421.084 , adult basic skills development education is mandatory for all adults in custody testing below the 8.0 grade equivalency on a standardized reading test approved by the National Reporting System for Adult Education of the United States Department of Education and by the Adult Basic Skills Program of the Office of Community Colleges and Workforce Development except for adults in custody: (A) Sentenced to or otherwise confined by the Department of Corrections for less than one year; (B) Sentenced to life imprisonment without parole; (C) Sentenced to death; (D) With developmental disabilities; or (E) Who are specifically exempted by the Department of Corrections for security or health reasons. (c) Participation in educational programs is by mutual agreement between the adult in custody and the appropriate institutional staff including, but not limited to, admission and orientation, education, and security. Reassessment may also be conducted at the request of the AIC, educational staff, or the AIC's counselor at any subsequent time. Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 History: DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 7-2003, f. & cert. ef. 4-2-03 CD 9-1994, f. 3-18-94, cert. ef. 4-1-94 CD 24-1986, f. & ef. 8-5-86 CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86 CD 56-1981, f. & ef. 12-10-81 CD 27-1981(Temp), f. & ef. 6-30-81 CD 4-1980, f. & ef. 3-28-80 CD 14-1978, f. & ef. 7-21-78 CD 10-1978(Temp), f. & ef. 5-5-78
291-113-0010 Definitions (1) Adult Basic Education (ABE): Also known as Adult Basic Skills Development (ABSD), includes reading, writing, math, speaking and listening in English, and the adult secondary education general education development test (GED). (2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (3) Assessment: As applied in this rule, a test designed to measure the grade-level or scaled score achievement of the person tested as approved by the Oregon Higher Education Coordinating Commission (HECC). (4) Correspondence Courses: A course provided by an accredited college, university, or industry-recognized vocational program, under which the program provides instructional materials by mail, including examinations on the materials, to students who are separated from the instructor. (5) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (6) Post-Secondary Education: A post-secondary course of studies offered through a college, university, trade school, vocational school, or correspondence courses and approved by the department’s Education and Training Administrator. (7) Reading Literacy: A program targeted to those AICs scoring below an 8.0 grade equivalency reading level on a HECC-approved standardized assessment. (8) Work-Based Education (WBE): Programs that provide academic and technical skills, knowledge, and hands-on training that can assist adults in custody in obtaining employment after release. These programs, if successfully completed, provide industry-recognized certification or college credit. Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 History: DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 12-2004, f. & cert. ef. 10-21-04 DOC 7-2003, f. & cert. ef. 4-2-03 CD 9-1994, f. 3-18-94, cert. ef. 4-1-94 CD 24-1986, f. & ef. 8-5-86 CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86 CD 19-1983, f. & ef. 5-2-83 CD 56-1981, f. & ef. 12-10-81 CD 27-1981(Temp), f. & ef. 6-30-81 CD 4-1980, f. & ef. 3-28-80 CD 14-1978, f. & ef. 7-21-78 CD 10-1978(Temp), f. & ef. 5-5-78
291-113-0015 Post-Secondary Education Program (1) Post-secondary college and university programs are not funded by the department. Post-secondary programs are provided by community colleges or universities or through correspondence courses and must be approved by the department’s Education and Training Administrator. (2) Correspondence courses: (a) AICs must follow the institution rules regarding mailroom and package authorization. (b) All correspondence courses must be reviewed and approved by both the institution Education Manager or designee and the department’s Education and Training Administrator or designee before an AIC may enter into a correspondence course. (c) If the resources are available, the institution education unit or other department staff may assist with proctoring tests and preparing callouts for viewing media. Resources will differ from facility to facility. (3) DOC will work together with colleges and universities to provide post-secondary education opportunities as resources allow. All classes offered by colleges and universities must be approved by and coordinated through the department’s Education and Training Administrator or designee. (4) New students will complete and apply for the college or university program that is offering department-approved classes. (5) The college or university along with the department’s Education and Training Administrator or designee will select students for the program based on the following selection criteria including, but not limited to: (a) High school diploma or GED; (b) Prior institutional behaviors or conflicts; and (c) Their application. (6) Classes may be cancelled at any time due to safety, security, staffing, or other conditions that impact institution operations. (7) Program Removals: (a) An AIC may be removed from the class or the program based on: (A) Class or institution conduct; (B) Their grades, per the college’s or university’s policy on academic performance; or (C) Safety or security concerns. (b) The AIC may be allowed to return to class after a review by the college or university program director, an institution representative, and the department’s Education and Training Administrator. (c) An AIC may reapply for the college or university program after at least one year has passed since their program removal. Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 History: DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 7-2003, f. & cert. ef. 4-2-03 CD 9-1994, f. 3-18-94, cert. ef. 4-1-94 CD 24-1986, f. & ef. 8-5-86 CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86 CD 19-1983, f. & ef. 5-2-83 CD 56-1981, f. & ef. 12-10-81 CD 27-1981(Temp), f. & ef. 6-30-81 CD 4-1980, f. & ef. 3-28-80 CD 14-1978, f. & ef. 7-21-78 CD 10-1978(Temp), f. & ef. 5-5-78
291-113-0021 Work-Based Education (WBE) Training Programs (1) Selection criteria for entry into WBE training programs: (a) A high school diploma or GED; (b) Level 5 or higher educational functional level for reading and math as defined by the National Reporting System for Adult Education; and (c) Prior program success, conduct history, or conflicts. (2) Exceptions to the selection criteria will be considered on a case-by-case basis and must be approved by the institution education director and the department’s Education and Training Administrator. (3) Priority will be given to candidates who are no more than three years and no less than one year from their projected release date and have not participated in another WBE training program at any time during any incarceration. (4) An AIC’s continuing participation in any WBE program in a Department of Corrections facility is contingent upon satisfactory and timely progress as evaluated by the instructor(s) and the WBE training program education director on an ongoing monthly basis. (5) Program Removals: (a) An AIC may be removed from a WBE training program based on: (A) Program or institution conduct; (B) Performance; or (C) Safety or security concerns. (b) An AIC may be returned to the program after a review by the WBE training program education director, the instructor, and the institution Correctional Rehabilitation Manager or Assistant Superintendent of Security Operations or their designee. Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 History: DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 7-2003, f. & cert. ef. 4-2-03
291-113-0030 Vocational and Apprenticeship Programs (1) Selection criteria for entry into an apprenticeship or vocational program is based upon the specific program and may include the following: (a) Oregon BOLI (Bureau of Labor and Industry) or industry requirements for the training in accordance with OAR 839-011 Apprenticeship and Training Council; (b) Conduct history, security issues, or conflicts; and (c) Content of the apprenticeship or vocational program application. (2) An AIC’s continuing participation in any vocational or apprenticeship program is contingent upon satisfactory and timely progress. (3) An AIC may be removed from a vocational or apprenticeship program based on class or institution conduct or safety and security concerns. The decision to remove an AIC from the program will be made by the instructor of the class and DOC facility staff. Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 History: DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 7-2003, f. & cert. ef. 4-2-03 CD 9-1994, f. 3-18-94, cert. ef. 4-1-94 CD 24-1986, f. & ef. 8-5-86 CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86 CD 19-1983, f. & ef. 5-2-83 CD 56-1981, f. & ef. 12-10-81 CD 27-1981(Temp), f. & ef. 6-30-81 CD 4-1980, f. & ef. 3-28-80 CD 14-1978, f. & ef. 7-21-78 CD 10-1978(Temp), f. & ef. 5-5-78
291-113-0035 Adult Basic Education (ABE) Programs (1) The ABE program is available to AICs based on identified need. Need will be determined through a recognized assessment as required by 291-113-0005 to determine the reading and math literacy level or scaled score achievements of the AIC. The assessment level or scaled score will be used for correct placement of the individual in the ABE program. Those unable to test will be given further assessment at the facility in which they reside and will be recommended for appropriate programming. (2) ABE program participation will be based on AIC need as identified in their case plan. (a) AICs who do not have a high school diploma or GED credential will be entered into the ABE program. (b) In accordance with ORS 421.084, the reading literacy program is mandatory for AICs scoring below the 8.0 grade equivalency on a standardized reading test approved by the National Reporting System for Adult Education of the United States Department of Education and by the Adult Basic Skills Program of the Office of Community Colleges and Workforce Development. AICs who have their high school diploma or GED but score below the 8.0 grade equivalency will be placed into a reading program until the student achieves a reading score at or above the 8.0 grade equivalency reading level. (3) After one year without a level gain, an initial review will be completed by the facility education team including, but not limited to, the instructor(s), the Education Director, and the student’s institution counselor. This review will identify what prevented the student from achieving a level gain (for example, outside factors or instructional practices). After this initial review, the student will be included in developing an education plan for moving forward. These reviews will continue each year of no level gains. Statutory/Other Authority: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 Statutes/Other Implemented: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085 History: DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 7-2003, f. & cert. ef. 4-2-03 CD 9-1994, f. 3-18-94, cert. ef. 4-1-94 CD 24-1986, f. & ef. 8-5-86 CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86 CD 56-1981, f. & ef. 12-10-81 CD 27-1981(Temp), f. & ef. 6-30-81 CD 4-1980, f. & ef. 3-28-80 CD 14-1978, f. & ef. 7-21-78 CD 10-1978(Temp), f. & ef. 5-5-78
291-117-0005 Authority, Purpose, and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to establish policy and procedures for inmates in Department of Corrections facilities, to acquire, possess, store and dispose of property consistent with sound correctional practices and the safe, secure, orderly and efficient operation and management of Department facilities. (3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that inmates are authorized to acquire, possess, store and dispose of property in accordance with and subject to the procedures and restrictions set forth in these rules. Primary objectives of these rules are: (a) To provide for the processing of inmate personal property in a prompt, orderly and efficient manner; (b) To prevent the introduction and creation of contraband or articles which could constitute a safety and/or security hazard; (c) To limit the amount of personal property which may be acquired and retained consistent with sound correctional practices, taking into consideration available space, accountability, fire, health, safety, sanitation, and security needs; (d) To provide for the safekeeping, storage, or disposal of inmate personal property; and (e) To allow personal property to transfer with an inmate from one Department of Corrections facility to another Department of Corrections 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 6-2004, f. & cert. ef. 7-19-04 CD 22-1992, f. & cert. ef. 10-9-92 CD 11-1992(Temp), f. 3-31-92, cert. ef. 4-15-92 CD 14-1987, f. & ef. 2-6-87 CD 21-1985, f. & ef. 8-2-85 CD 11-1983, f. & ef. 2-18-83 CD 9-1981, f. & ef. 5-5-81 CD 3-1981(Temp), f. & ef. 2-5-81 CD 18-1978, f. 8-21-78, ef. 8-23-78