justicedao/ipfs_state_laws huggingface dataset:
291-163-0010 Authority and Purpose (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040(1)(d), 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030, and 423.075(5)(d). (2) Purpose: The Department of Corrections is subject to the Department of Administrative Services purchasing rules unless otherwise excepted or exempted. ORS 421.438 provides that “ORS Chapter 279 and 291.021 do not apply” to certain prison operations and programs, as defined in OAR 291-163-0020(6). Additionally, Article I, Section 41(9) of the Oregon Constitution provides that “prison industry work programs shall be exempt from statutory competitive bid and purchase requirements.” Accordingly, the purpose of these rules is to set forth guidelines for the: (a) Purchase of property and services for such inmate work programs; (b) Disposal of surplus property for an inmate work program; (c) Sale of inmate products and inmate services produced or provided under Corrections Inmate Work Programs; and (d) Process to establish certain contractual relationships between Corrections Industries and private entities to generate and establish such inmate work programs. Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0030 Authority and Approval of Purchases and Sales for Programs (1) Functional unit managers or their designees have authority to effect and must approve the purchase of property and services, sale of inmate products and inmate services, and the sale of surplus property in accordance with Department of Administrative Services rules governing such transactions and the Department of Corrections rule on Purchasing. (2) The Inmate Work Programs Administrator or his/her designee has authority to effect and must approve the purchase of property and services, the sale of inmate products and inmate services, and the sale of surplus property for prison operations and programs in accordance with these rules. Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0040 Purchases (1) Solicitation: The Inmate Work Programs Administrator or the Fiscal Services Administrator, as appropriate, or their designees must obtain no fewer than three quotes from vendors, contractors, manufacturers, owners or suppliers of the subject purchase or class of purchases, unless they make written findings stating: (a) There is insufficient time to obtain three or more quotes without negatively affecting the ability of a program to provide timely services; or (b) Obtaining three or more quotes may negatively affect the value of the property or increase the cost of the services; or (c) The property or services are only practicably available from one vendor, or a specific vendor is preferred due to availability, capacity, experience, reputation, performance history or other stated reasons; or (d) The selection of the particular vendor, contractor, manufacturer, owner, or supplier will help achieve public policy objectives including, but not limited to the promotion of emerging small, disadvantaged, minority-owned and/or women-owned businesses and qualified rehabilitation facilities as defined in ORS 279.835; (e) The requirement to obtain no fewer than three competitive quotations, unless exempted based upon criteria stated in (a) through (d) above, shall apply to purchases with cost estimates equal to or exceeding the minimum dollar values specified by the then current Department of Administrative Services Purchasing rule as requiring three or more competitive quotations. (2) Negotiation: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may acquire property or services by negotiation. Upon identification of one or more potential vendors, contractors, manufacturers, owners, or suppliers, the Inmate Work Programs Administrator or functional unit manager, or their designees, may negotiate and execute a contract setting forth the substance, terms, and conditions of the purchase, subject to approval by the Prison Industries Board, where appropriate. (See OAR 291-163-0070). Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0050 Sales (1) Offer: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may offer for sale or exchange personal property, equipment, inventory, or inmate services or inmate products. Offer for sale or exchange may take place through retail, wholesale, barter, auction, private treaty, or by any other lawful means. (2) Negotiation: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may sell surplus property or inmate products or inmate services by negotiation. Upon identification of one or more potential purchasers, the Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may negotiate an agreement setting forth the substance, terms, and conditions of the sale, subject to approval by the Prison Industries Board, where appropriate. (See OAR 291-163-0070) Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0060 Surplus Property (1) Property is only “surplus property” when designated in writing as such by the Inmate Work Programs Administrator or Fiscal Services Administrator, or their designees who will also make written findings that such property is no longer useable by or useful to a program. (2) Trade: The Inmate Work Programs Administrator or Fiscal Services Administrator, as appropriate, or their designees may dispose of surplus property by trading in such property to purchase like property of comparable function. The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may negotiate and execute an agreement for trade setting forth the substantive terms and conditions of the trade. (3) Sale: The Inmate Work Programs Administrator or Fiscal Services Administrator, as appropriate, or their designees may dispose of surplus property by sale of such property. Sale of surplus property shall be conducted so as to provide the highest sale price possible given market conditions and the value of the surplus property to be sold. The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may negotiate and execute an agreement for sale setting forth the substantive terms and conditions of the sale. (4) Dedicated Funds: To the extent dedicated funds are used for the purchase of property, the Inmate Work Programs Administrator or Fiscal Services Administrator, as appropriate, or their designees will take steps to ensure that any property, cash or cash equivalent received for such surplus property by trade or sale shall remain in the program for which such surplus property was purchased. Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0070 Prison Industries Board Approval Under Article I, Section 41 of the Oregon Constitution, “agreements with private enterprise as to state prison work programs must be approved by the Prison Industries Board.” All such agreements obtained, negotiated, and executed under these rules (OAR 291-163-0010 through 291-163-0090) are subject to approval by the Prison Industries Board. Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0080 Agreements With Private Enterprise The Department will make efforts to establish contractual relationships with private entities to create, establish, and expand its inmate work programs. Any contractual relationship between the Department and a private entity to jointly produce, create, mine, manufacture, or use inmate products or inmate services in a manner that is reasonably designed and managed to achieve either net cost savings in maintaining the State of Oregon’s government operations, or a net profit for the Department’s private sector activities will be an agreement for purposes of its private enterprise program. Subject to approval by the Prison Industries Board, the Inmate Work Programs Administrator or his/her designee shall have authority to negotiate, approve, and execute a contract or agreement with a private entity under its private enterprise program. Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-163-0090 Application of Federal Law Notwithstanding any provisions in these rules, the applicable federal laws, rules, and regulations shall govern if federal funds are used in the transaction and such laws, rules, or regulations conflict with these rules. Statutory/Other Authority: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030 & 423.075 History: CD 13-1997, f. 7-23-97, cert. ef. 8-1-97 CD 6-1997(Temp), f. & cert. ef. 4-10-97
291-167-0005 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of Department of Corrections in accordance with ORS 169.070, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: To provide coordinated state services to local governments with respect to local correctional facilities and juvenile detention facilities within the State of Oregon. (3) Policy: It is the policy of the Department of Corrections to designate staff within the state to: (a) Provide technical assistance to local governments in planning and operation of county correctional facilities. (b) Inspect local facilities for compliance with standards established in ORS 169.070, 169.076 to 169.078, 169.740, 419A.052, 419A.061 and 419B.180. (c) Take appropriate action to insure compliance as provided in ORS 169.080; (d) Review plans of new construction or major renovation of local correctional facilities, temporary holds, lockups and juvenile detention facilities providing advisory recommendation on safety and security as provided in ORS 169.085. (e) Develop, publish, distribute, and maintain a manual of recommended guidelines for the operation of local correctional facilities, lockups, temporary holds, and juvenile detention facilities as provided in ORS 169.090. Statutory/Other Authority: ORS 169.070, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 169.070 - 169.750, 179.040, 419A.052, 419A.061, 419B.180, 423.020, 423.030 & 423.075 History: DOC 3-2016, f. & cert. ef. 2-29-16 DOC 5-2001, f. & cert. ef. 2-7-01 CD 31-1986, f. & ef. 9-19-86 CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86
291-167-0010 Definitions (1) Detainee: A person held with no criminal charges. (2) Juvenile Detention Facility: A facility as described in ORS 419A.050 and 419A.052 and which includes local correctional facilities and lockups where juveniles are detained. (3) Local Confinement Facility: Any facility operated by local government entity for the purpose of holding or lodging prisoners, detainees, or juveniles. (4) Local Correctional Facility: A jail or prison for the reception and confinement of prisoners that is provided, maintained, and operated by a county or city and holds persons for more than 36 hours. (5) Lockup: A facility for the temporary detention of arrested persons held up to 36 hours, excluding holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96 hours after booking. (6) Major Renovation: A plan to alter a local confinement facility to the extent that security, supervision of prisoners, or general operation is changed. Major renovation is the restructure, or adding to any portion of a building which is designed and used for confinement, that equals 50 percent of the total value of that area, or 50 percent of the total square feet of space. (7) Prisoner: A person held with criminal charges or sentenced to the facility. (8) Temporary Hold: A facility, the principal purpose of which is the temporary detention of a prisoner or detainee for four or less hours while awaiting court appearance or transportation to a local correctional facility. Statutory/Other Authority: ORS 169.070, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 169.070 - 169.750, 179.040, 419A.052, 419A.061, 419B.180, 423.020, 423.030 & 423.075 History: DOC 3-2016, f. & cert. ef. 2-29-16 DOC 5-2001, f. & cert. ef. 2-7-01 CD 31-1986, f. & ef. 9-19-86 CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86
291-167-0015 Procedures The state jail inspector shall provide technical assistance, inspection of facilities, review renovation and new construction plans for all confinement facilities within the state and take appropriate action to insure the compliance with standards established in ORS 169.076 to 169.078, 419A.052 and 419B.180. (1) The state jail inspector will respond to requests for assistance from county commissioners, sheriffs, county legal counsel, mayors, chiefs of police, and city attorneys within a reasonable time frame agreed upon with the requesting parties. (2) The state jail inspector will routinely inspect local confinement facilities and report his findings with respect to the appropriate statutory standards to the authorities responsible for the facility’s operation and control. (a) County adult confinement facilities reports will be forwarded to the facility director, county commissions, and sheriff of the county. (b) Juvenile confinement facility reports will be forwarded to the chair of the county commissioners, juvenile court director and/or facility manager. (c) City confinement facility reports will be forwarded to chief of police, mayor and/or city manager. (3) The state jail inspector will establish and maintain a file for each of the confinement facilities within the state and for those contracted out of state which contains: (a) Most recent inspection report; (b) Fire Marshall inspection report; (c) Health and Sanitation inspections; (d) Other pertinent correspondence and information germane to the facility. (4) Local confinement facilities which are found not to be in compliance with the appropriate standards, the state jail inspector will: (a) Notify the appropriate authority responsible for the facility’s operation in writing, stating the violation and/or condition of non-compliance. The notification should give a reasonable time for compliance. (b) If compliance is not met, the state jail inspector will notify the Director of the Department of Corrections who shall refer the matter to the Attorney General for action as authorized by ORS 169.080. (5) The state jail inspector will review new construction and major renovation plans submitted by local government and make appropriate recommendation to the local government agency within 45 days of submission of the plans. Statutory/Other Authority: ORS 169.070, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 169.070 - 169.750, 179.040, 419A.052, 419A.061, 419B.180, 423.020, 423.030 & 423.075 History: DOC 3-2016, f. & cert. ef. 2-29-16 DOC 5-2001, f. & cert. ef. 2-7-01 CD 31-1986, f. & ef. 9-19-86 CD 13-1986(Temp), f. 6-30-86, ef. 8-15-86
291-171-0005 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish department policy and procedures for offender communication with staff and the administration of the department’s internal grievance review and appeal system for offenders under the supervision of the Department of Corrections. (3) Policy: (a) It is the policy of the Department of Corrections to encourage offenders to address their concerns informally with appropriate staff and managers through either dialog or informal written communication. (b) Recognizing that due to the complex nature of the community corrections setting some issues or disputes between staff and offenders may not be readily resolved at an informal level, it is the policy of the Department of Corrections to permit and encourage offenders to seek resolution of issues or disputes using the department’s offender grievance review and appeal system established in these rules. (c) Within the inherent limitations of resources, it is the policy of the Department of Corrections that all offenders 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 21-2018, adopt filed 08/10/2018, effective 08/10/2018
291-171-0010 Definitions (1) Administrative Directive: A term used to describe in general a Department of Corrections rule or policy signed by the Director or Deputy Director. (2) Communication: A process by which information is exchanged between individuals, usually through verbal or written message. (3) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department sanctioned assignment to provide services or support to department programs. (4) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections. (5) Deviate Sexual Intercourse: Sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another. (6) Grievance Coordinator: The Community Corrections Division staff member responsible for communicating directly with the offender about grievance related matters. (7) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county. (8) Offender: Any person under the supervision of the Department of Corrections who is on parole, probation, post-prison supervision, or for the purposes of this rule only, on non-prison or short-term transitional leave status. (9) Sexual Contact: Any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party. (10) Sexual Intercourse: Has its ordinary meaning and occurs upon any penetration, however slight, emission is not required. (11) Volunteer: An approved person who donates time, knowledge, skills and effort to enhance the mission, activities and programs 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 21-2018, adopt filed 08/10/2018, effective 08/10/2018
291-171-0015 Offender-Staff Communications (General Principles) (1) Proper and effective communication between offenders and staff is an essential component of community supervision. (a) Offenders and staff communicate with each other not only with their choice of words (oral or written), but also non-verbally through their manner, tone, and approach (commonly referred to as "body language"). (b) Offenders and staff are jointly responsible for ensuring their choice of words, manner, tone and approach are appropriate to properly and effectively convey their intended information and ideas to one another. (2) Offenders shall communicate with staff in a civil and respectful tone and manner. (3) Staff shall communicate with offenders in a professional manner that fosters respect and confidence. Staff directives given to offenders should be clear and concise. 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 21-2018, adopt filed 08/10/2018, effective 08/10/2018
291-171-0025 Filing a Grievance (1) Offender grievances must be submitted to the Community Corrections Division grievance coordinator on the Offender Grievance form (CD117 CC). Instructions for filing a grievance are found on the Offender Grievance Instruction form (CD117a CC). (2) To obtain a grievance review, the Community Corrections Division grievance coordinator must receive an offender’s grievance within 30 calendar days of the date of the incident giving rise to the grievance. (a) An offender may file a grievance past the 30 days of the incident if the offender can demonstrate why the grievance could not be filed within the timelines established by rule. (b) Untimely grievances that fail to make that showing shall be returned to the offender with a statement of the rule. (3) The grievance coordinator shall date stamp and log the grievance form upon receipt. (4) If an offender cannot complete the grievance form due to language, physical, or competency and capacity barriers, another person may complete the form. However, the offender submitting the grievance must sign the grievance form. Translation services or other assistance for submission of a grievance form for non-English speaking offenders or offenders that have difficulty with reading and writing will be made available upon request. (5) Local State Directors or designees shall ensure the approved offender grievance forms are readily available to offenders under the supervision of the Department of 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 21-2018, adopt filed 08/10/2018, effective 08/10/2018