justicedao/ipfs_state_laws huggingface dataset:
291-016-0090 Vehicle Access (1) A vehicle(s) not assigned to the facility, but having official business on the grounds or inside the secure perimeter, will be granted access as authorized by the security manager or designee. (2) A vehicle(s) assigned to the facility will be granted access inside the secure perimeter as required for facility operations and authorized by the security manager or designee. (3) A vehicle entering or exiting the secure perimeter will be searched prior to actual entry and exit by a functional unit employee for contraband and unauthorized personnel. The vehicle search will be conducted inside a vehicle sally-port if available at the facility. (4) An emergency vehicle(s) authorized by the security manager or designee that enters or exits the secure perimeter will be expedited by a quick visual search to verify authorized individuals and equipment. (5) A vehicle log shall be maintained by a facility to record all vehicles that enter and exit the secure perimeter. (6) A vehicle entering the secure perimeter will be assigned a functional unit employee to provide continual surveillance for the vehicle until exit of the perimeter has been accomplished. (7) A vehicle will remain inside the secure perimeter only as long as required to accomplish the intended purpose. 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: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0100 Tool and Equipment Access (1) All tools and equipment that enter or exit the facility's secure perimeter require approval of the security manager or designee. (2) Electronic Devices: (a) A person will not be allowed to bring in a personal cellular phone, pager, laptop computer, personal digital assistant or other electronic communication device beyond the control point of a correctional facility unless specifically authorized by the security manager or designee. The functional unit manager shall designate the control point of the correctional facility. (b) Department staff may bring in department-issued electronic two-way communication devices (e.g., pager, cellular phone, personal digital assistant, etc.) beyond the control point of a correctional facility when such devices are necessary for the staff member to perform official duties. Department staff must declare the two-way communication device on the Facility Access Register (CD 52a). (c) Investigators from the Oregon State Police are permitted to bring state-issued cell phones and pagers beyond the control point of a correctional facility while conducting official business without prior authorization from the security manager or designee. (d) Any other electronic devices not covered in sections (a) through (c) that enter a correctional facility beyond the control point require approval of the security manager or designee. (3) All tools and equipment will be searched for contraband prior to entry and exit of the secure perimeter. (4) All tools and equipment that enter the secure perimeter on a temporary basis will be inventoried prior to entry and reinventoried before exit from the facility. Any discrepancies with the reinventory will be immediately reported to the security manager or designee. (5) All tools and equipment that enter the secure perimeter on a temporary basis will be under continual surveillance by a functional unit employee while inside the facility or locked in a secure area. (6) Tools and equipment that enter or exit a facility with no secure perimeter will be granted access as authorized by the security manager or designee. 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 10-2006, f. & cert. ef. 10-9-06 CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0110 Supply Access (1) All supplies that enter a facility’s secure perimeter will require approval of the security manager or designee. (2) Supplies will be searched for contraband (except sealed containers) prior to entry or exit of the secure perimeter. Sealed containers may be opened for inspection. Any item large enough to conceal a person will be searched before leaving the secure perimeter. (3) Supplies that enter or exit a facility with no secure perimeter will be granted access as authorized by the security manager or designee. 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: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0120 Possession and Storage of Personal Handguns at Facilities Owned or Occupied by the Department of Corrections (1) In accordance with 2015 Or Laws, Ch 246, authorized staff of the Department of Corrections, Oregon Board of Parole and Post-Prison Supervision, and Oregon Corrections Enterprises may possess and store a personal handgun and ammunition in their personal vehicle when the vehicle is parked in a department parking lot at a Department of Corrections facility only if the authorized staff: (a) Has a valid concealed handgun license issued pursuant to ORS 166.291 and 166.292; and (b) Has secured the handgun and ammunition in a closed and locked container designed for the storage of a firearm inside a vehicle. (2) Use of Department Storage Facilities Required Where Provided: If the department has provided a secure and locked location for authorized staff to store their personal handgun and ammunition at a Department of Corrections facility, the authorized staff must promptly store the personal handgun and ammunition in the storage location designated by the department, and not in their personal vehicle. (3) Ammunition: Authorized staff who bring personal handguns to a Department of Corrections facility in accordance with these rules may possess and store with their personal handgun only that amount of ammunition that the personal handgun is designed to hold plus two additional magazines or speed loaders. (4) Under no circumstance may an authorized staff member carry a personal handgun within the secure perimeter of the correctional facility, unless authorized by the correctional facility’s confidential procedure in order to securely store the staff member’s personal handgun. (5) Personal handguns shall not be carried or used during the performance of official duties. 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 15-2015, f. & cert. ef. 10-20-15 DOC 7-2015(Temp), f. & cert. ef. 7-1-15 thru 12-27-15 DOC 23-2014, f. & cert. ef. 12-3-14 DOC 17-2014(Temp), f. & cert. ef. 7-2-14 thru 12-3-14 DOC 14-2014(Temp), f. 6-5-14, cert. ef. 6-6-14 thru 12-3-14
291-019-0100 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, 423.020, 423.030, 423.075, and 423.525(6). (2) Purpose: The purpose of this rule is to establish the procedure by which adults on supervision are transferred between county community corrections agencies. (3) Policy: It is the policy of the Department of Corrections that supervision is provided by the community corrections agency in the person’s county of residence and that they shall comply with the standard conditions of supervision requiring them to obtain permission from the supervising officer before moving between counties. 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 6-2022, amend filed 08/08/2022, effective 08/08/2022 CD 27-1997, f. & cert. ef. 11-26-97
291-019-0120 General (1) Prior to a supervising officer granting an adult on supervision permission to move to another county, the adult on supervision must present a plan which considers: (a) Public safety; and (b) The county which can provide the most effective means of supervising the adult on supervision in accordance with conditions as set by the releasing authority (e.g., treatment, stable housing, employment, or legitimate source of income). (2) Nothing in this rule prohibits counties from engaging in an agreement with other counties that is mutually satisfactory regarding the transfer of cases. 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 6-2022, amend filed 08/08/2022, effective 08/08/2022 CD 27-1997, f. & cert. ef. 11-26-97
291-019-0200 Cases Not Requiring Transfer Request and Corresponding Responsibilities (1) New Cases: New cases are not subject to the transfer process. (2) If, at the time of sentencing, the adult on supervision resides in a county other than the county of conviction, the office serving the county of residence shall assume supervision without requiring any transfer investigation from the sending county. (3) Ninety-day Rule: If an adult on supervision, whose residence is in another county, is sentenced by court order to less than 90 calendar days in jail, the case will be transferred to the office in the county of residence. If an adult on supervision is sentenced to 90 days or more, the case will be held by the county of conviction until released from jail at which time the case will be handled as a new intake in the county of residence upon verification of residence. (4) In situations described in sections (2) and (3) above, it is the responsibility of the sending office to (1) obtain reporting instructions from the receiving county and (2) ensure that the court order and police report, when available, are sent to the receiving county. (5) Six-Month Rule: In the last six months of supervision, and when an adult on supervision is in compliance, other options should be considered (i.e., earned discharge, early termination, bench probation, low or limited supervision level, inactive or unsupervised status) before attempting to transfer. (6) The serving of a local control incarceration sentence under the legal or physical custody of the local supervisory authority, including any alternative forms of custody, is not subject to transfer under this rule. (7) The supervision of a non-funded misdemeanor is not subject to this rule unless the non-funded misdemeanor is accompanied by a felony or funded misdemeanor. If funded misdemeanors or felony cases expire, leaving only a non-funded misdemeanor open, supervising counties cannot automatically transfer the adult on supervision back to the convicting county outside of the transfer process. 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 6-2022, adopt filed 08/08/2022, effective 08/08/2022
291-019-0220 Notice of Transfer (1) Notice of Decision on Transfer: The sending county shall be notified by the receiving county of acceptance or rejection or delay in completing the investigation within 30 calendar days of the request. (2) File Transfer: The sending county shall forward the adult on supervision’s file within five working days of the notice of acceptance of the transfer. (3) Formal Supervision: Formal supervision of the adult on supervision shall begin in the receiving county at the time of notification of acceptance of the transfer. (4) LEDS: The sending county shall modify the EPR record within five working days after notice of transfer acceptance. (5) CIS: Upon notification of transfer acceptance, the sending county shall, within five working days, make required changes in CIS. When the file is received, the receiving county shall ensure that the department's database records and LEDS EPR accurately reflect the county of supervision. (6) Transfer Chronological Entry: Once a sex offender is accepted for transfer, the parole or probation officer from the sending county shall complete a transfer chronological entry, which includes a brief history of violations; record of any community notification; adult on supervision’s treatment progress; status of polygraphs (when was the last one completed, what were the results); the circumstances under which a sex offender is allowed contact with minors (who are the minors, who are the supervisors, when, where). (7) Sex Offender Registration: The parole or probation officer in the receiving county will ensure the sex offender registration is updated by the adult on supervision with the designated law enforcement agency. 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 6-2022, adopt filed 08/08/2022, effective 08/08/2022
291-019-0225 Dispute Resolution Dispute Resolution: It is a matter of policy that the adult on supervision should be supervised by the agency serving their county of residence and, with exception of sex offenders, regardless of whether or not they are in compliance with conditions. However, if the goals of public safety are clearly compromised by the transfer, rejection is appropriate. The Assistant Director of Community Corrections for the Department of Corrections or designee shall be consulted whenever a transfer issue cannot be resolved at the local manager or director level. 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 6-2022, adopt filed 08/08/2022, effective 08/08/2022
291-022-0105 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 outline the authority of parole and probation officers in the use of physical force, firearms, and restraints. (3) Policy: It is the policy of the Department of Corrections to authorize the use of physical force when and to the extent that it is reasonably believed to be necessary as specified in these rules. Parole and probation officers are authorized to use that amount of force that is objectively reasonable to overcome a threat, thereby minimizing the risk of injury to the officer, the threat, and the public. 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 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0125 Applicability of the Rule (1) All employees who supervise or work around offenders shall be thoroughly familiar with the departmental procedures of this rule for guidance and direction in use of force incidents. (2) If there is any question about specific equipment, procedures, etc., in a use of force situation, an employee shall be directed by the location of the situation, rather than by distinctions concerning where he/she is duty stationed. 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 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0130 General Provisions — Use of Force (1) Physical force may be employed when it is reasonable given the situation and the facts known to the officer at the time. The degree and type of force used shall be objectively reasonable based on the totality of the circumstances and the facts known to the officer at the time the force is delivered. Force shall be de-escalated or terminated as soon as practical after the threat is mitigated and it is safe to do so. (2) A verbal warning, lawful order, or a verbal transfer of the use of force decision to the threat should be made prior to delivering physical force against a threat, if time and circumstances safely permit the officer to do so. (3) Immediate use of physical force is authorized in circumstances in which warnings and other non-force alternatives are not reasonable or available to the employee. (4) The goal of any use of force in a given situation must be to attain a legitimate objective. There are only two purposes an officer can have in using force. All justifiable uses of force will fall into one, or both, of these categories: (a) Defense, and/or (b) Control. (5) Provoking a person to justify the use of physical force, or using physical force as punishment or discipline, is prohibited. (6) First aid and/or medical assistance shall be provided to an injured person as soon as safely possible following any use of force. This action shall be documented in the Use of Force Report. (7) Photographs shall be taken of the individuals injuries as soon as practical and retained as part of the documentation of the incident. 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 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0150 Deadly Use of Force (1) Officers should consider other reasonable means of control before resorting to the use of deadly force as time and circumstances safely permit. (2) Deadly force may be used upon the reasonable belief that an officer’s life or safety, or the life or safety of another, is in imminent danger of death or serious bodily injury, given the totality of the circumstances known to the officer at the time of his/her action. 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 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0161 Electronic Control Device Deployment (1) The electronic control device may be deployed: (a) To control a dangerous or violent threat when deadly force does not appear to be justified; (b) To control a threat when control is needed for the protection of the officer and others; and/or (c) On animals, as a deterrent to aggressive behavior, when the officer believes such aggression may cause injury to the officer or another person whom is present. (2) When feasible, the officer shall provide a verbal warning to the threat prior to deploying the electronic control device. (3) Once the threat is incapacitated or restrained, continued use of the electronic control device is prohibited, unless the officer believes the threat continues. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 11-2018, amend filed 06/01/2018, effective 06/01/2018 DOC 10-2013, f. & cert. ef. 10-23-13 DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09 DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09
291-022-0162 Treatment of Affected Persons (1) Immediately after deploying the electronic control device on a threat, the officer shall observe the threat for symptoms of an abnormal reaction or secondary injuries that may have occurred during the incident. Observation shall continue for the time the officer has custody of the individual. Medical assistance shall be summoned as soon as an abnormal reaction or secondary injury is observed. (2) Probes may be removed by the officer unless embedded in a sensitive area (face, throat, groin, female breasts). A probe embedded in a sensitive area should only be removed by medical personnel. (3) When custody or care of the individual is transferred, the officer shall inform jail staff or medical personnel of the approximate time the individual was immobilized, the puncture sites of the probes, and the probe size. (4) Photographs shall be taken of the individual’s injuries as soon as practical and retained as part of the documentation of the incident. 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 10-2013, f. & cert. ef. 10-23-13 DOC 7-2009, f. 5-22-09, cert. ef. 5-23-09 DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09
291-022-0170 Firearms (1) Prior to resorting to the use of firearms against any threat, time and circumstances permitting, an officer shall first issue an appropriate verbal warning. (2) Any officer involved in the discharge of a firearm in a situation on duty shall immediately report, by the quickest means possible, the incident to the local state director. The employee shall prepare a report as soon as reasonably possible. (3) The State Police or local law enforcement officials shall be notified to investigate any discharge of a firearm unless the discharge was during training, off duty practice, or negligent discharge where injury or significant property damage did not occur. This investigation shall be separate from the full review. 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 16-2015, f. & cert. ef. 10-26-15 DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16 DOC 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0180 Blood Borne Pathogens When a person has been exposed to a blood or body fluid resulting from the use of force, standard universal precautions shall be implemented. 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 16-2015, f. & cert. ef. 10-26-15 DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0190 Injury, Death, or Hostage (1) Whenever an officer's use of force results in the serious injury or death of another, he/she shall be placed on administrative leave until an investigation of the matter by the Inspector General and/or State Police can be concluded. (2) Whenever an officer’s use of force results in the serious injury or death of another, the officer involved shall be placed on administrative leave until medical and/or psychological clearance has been obtained. (3) Any officer involved in or immediately exposed to a critical incident involving the serious injury, hostage or death of another shall be provided a critical incident stress debriefing. 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 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05
291-022-0200 Notifications (1) Any time an officer unholsters and/or points his/her firearm or electronic control device at another, the local state director will be notified according to procedure. The local state director will notify the Assistant Director of Community Corrections of the incident. (2) Any time an officer is required to use physical or deadly force, the officer shall immediately notify his/her supervisor and/or local state director. (3) All employees witnessing or directly involved in a use of physical force incident shall individually prepare and submit a use of force report describing their involvement and observation regarding the incident. (4) All employees witnessing or directly involved in a use of deadly force incident shall report the incident. (5) The local state director shall make a verbal report to the Assistant Director of Community Corrections. (6) In cases of serious or life-threatening injury to a person(s) that requires transport to a medical facility or where deadly force has been used: (a) The appropriate investigatory agency in the jurisdiction shall be immediately contacted by the local state director. (b) The investigatory agency can include the Attorney General’s office if a conflict of interest exists. (6) Prior to any administrative action, the local state director shall confer with the Assistant Director of Community Corrections. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2015, f. & cert. ef. 10-26-15 DOC 9-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16 DOC 10-2013, f. & cert. ef. 10-23-13 DOC 6-2005, f. & cert. ef. 5-24-05