justicedao/ipfs_state_laws huggingface dataset:
291-205-0080 Facilitated Dialogue Program Facilitator Participation (1) Facilitator Qualification, Selection, Assignment, Supervision, and Termination: (a) The functional unit manager and designee maintain sole discretion over the qualifications, selection, assignment, and termination of program facilitators who participate in the Facilitated Dialogue Program. (b) The Victim Services Program coordinator will assign program facilitators to a specific facilitated dialogue as needed. (c) The Victim Services Program coordinator will provide direction and supervision of all program facilitators assigned to cases and instruction as to appropriate intervals for debriefings. (d) The Victim Services Program coordinator may terminate a program facilitator’s participation in a specific facilitated dialogue for any reason. (2) Volunteer facilitators must meet the requirements for volunteer service in the rules on Volunteer Services/Student Interns (OAR 291-015). Facilitators must report any violation or failure to abide by the Facilitated Dialogue Program rules or agreements for any reason by any participant to the Facilitated Dialogue Program. (3) Program facilitators are prohibited from engaging in sexual or other inappropriate personal relationships with the participants of a facilitated dialogue. (4) Program facilitators must not give legal advice to any crime victim or survivor or inmate. (5) Facilitated dialogues take place inside Department of Corrections facilities. Consequently, program facilitators are and remain subject to all applicable department rules and facility procedures pertaining to the public and visitors in Department of Corrections facilities, while participating in the Facilitated Dialogue Program, including but not limited to Volunteer Services/Student Interns (OAR 291-015), Mail (Inmate) (291-137), Visiting (291-127), Facility Access (291-016), and these rules (OAR 291-205). (6) Applicants seeking to become program facilitators must have completed a department-designated training. The Facilitated Dialogue Program may also offer on-going training and program updates and program facilitators are expected to make every effort to attend these activities. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08
291-205-0090 Facilitated Dialogue Intake Assessment (1) Intake evaluation: Upon receiving a crime victim’s or survivor’s request to participate in the Facilitated Dialogue Program, the program will evaluate the request and determine whether the Facilitated Dialogue Program is appropriate for the crime victim or survivor and the inmate. (2) Minimum content of evaluation: When conducting the intake assessment, the Facilitated Dialogue Program through its staff, program facilitators or advisory committee members will, at a minimum, do the following: (a) Interview the crime victim or survivor to describe the process, determine the nature of the crime, time elapsed since the crime, and other factors that address the past and present impacts of the crime on the crime victim or survivor and why the crime victim or survivor wants to participate in the Facilitated Dialogue Program. (b) Contact appropriate staff at the institution where the inmate is incarcerated to determine if the inmate is eligible to participate. Program staff or volunteers designated by the Victim Services Program will conduct a preliminary interview with the inmate. (c) Provide the inmate and the crime victim or survivor with copies of the confidentiality agreement and agreements to participate. Execution of these agreements is necessary before the facilitated dialogue will continue. (3) The decision whether to grant a crime victim’s or survivor’s request to participate in a facilitated dialogue is at the discretion of the Facilitated Dialogue Program. The Facilitated Dialogue Program decision is final, and not subject to further review by the crime victim or survivor or by the inmate Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08
291-205-0100 Facilitated Dialogue Meeting (1) A facilitated dialogue may include one or more facilitated dialogue meetings. A facilitated dialogue meeting offers the crime victim or survivor and the inmate the opportunity to discuss the crime and its impacts. (2) When the Facilitated Dialogue Program has authorized a facilitated dialogue meeting, the functional unit manager or designee may in his or her discretion approve a special visit or visits between the crime victim or survivor and the inmate for the purpose of the facilitated dialogue meeting as an exception to the department’s general rule prohibiting visits between an inmate and his or her crime victim, OAR 291-127-0230. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08
291-205-0110 Facilitated Dialogue Post-Meeting Process (1) After the facilitated dialogue meeting, a facilitator will contact the crime victim or survivor and the inmate to discuss the meeting and evaluate the process. The contact should take place within 72 hours after the facilitated dialogue meeting and thereafter as approved by the Facilitated Dialogue Program. (2) After the facilitated dialogue meeting, a program facilitator will report to the Facilitated Dialogue Program. The Facilitated Dialogue Program may use the report to evaluate the facilitated dialogue and the program. (3) Upon conclusion of the post-meeting contacts and reports, a facilitated dialogue is terminated. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08
291-205-0200 General Components of the Responsibility Letter Bank Program (1) Participation in the Responsibility Letter Bank Program is voluntary for the crime victim or survivor, and for the inmate. (2) Inmates who wish to participate must submit a request to the Responsibility Letter Bank Program through Department of Corrections Victim Services. (3) Accepted l etters will be deposited into the Responsibility Letter Bank and the inmate will be notified that the letter was accepted by the Victim Services Program. (4) The crime victim or survivor may inquire with the Victim Services Program if there are any pending letters addressed to them. Victim Services will not initiate the first contact with the crime victim or survivor. (5) If a letter is written to multiple crime victims or survivors, a copy of the letter will be sent to the requesters and Victim Services will retain the original. (6) Notwithstanding OAR 291-131-0015, inmates and crime victims or survivors participating in the Responsibility Letter Bank program may exchange letters only as permitted under the program. Statutory/Other Authority: 423.020, 423.030, 423.075, 179.040 & 423.615 Statutes/Other Implemented: 423.020, 423.030, 423.075, 179.040 & 423.615 History: DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018
291-205-0220 Participation of a Crime Victim or Survivor in the Responsibility Letter Bank Program (1) A crime victim or survivor may inquire with the Victim Services Programs Unit if there is a letter written to them by the inmate. (2) Crime victims or survivors may register for the Responsibility Letter Bank program by contacting the Victim Services Program. (3) A crime victim or survivor must be at least 18 years of age to receive a letter. (4) The Victim Services Program Coordinator will only notify the crime victim or survivor that a responsibility letter has been accepted into the repository if the crime victim or survivor has registered for notification or is inquiring into any pending letters. (5) The crime victim or survivor shall decide to receive the responsibility letter and whether or not the inmate is informed that the letter was requested or received. (6) Prior to releasing a responsibility letter, the Victim Services Program Coordinator will verify the identity of the recipient as the crime victim or survivor addressed in the letter. (7) A crime victim or survivor may send one reply letter to the inmate. The letter shall be sent to Victim Services Program Coordinator for screening and forwarded to the inmate if it is determined to be acceptable. (8) A reply letter may be deemed unacceptable if it contains: (a) Inappropriate or sexual language or content; (b) Threats of harm, violence, or revenge; and or, (c) Addresses, phone numbers, or other contact information. (9) If a reply letter is ineligible, it will be returned to sender with an explanation regarding why it was rejected and how any deficiencies may be addressed. (10) A reply letter should not exceed a reasonable length. (11) If the crime victim or survivor wishes to have further communications with an inmate, the victim must apply to participate in the Facilitated Dialogue Program. Statutory/Other Authority: 423.020, 423.030, 423.075, 423.615 & 179.040 Statutes/Other Implemented: 423.020, 423.030, 423.075, 423.615 & 179.040 History: DOC 8-2018, adopt filed 05/15/2018, effective 05/15/2018
291-206-0005 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, 423.075, 423.478, 423.483, 423.525, and 423.530. (2) Purpose: The purpose of these rules is to describe the manner in which an offender sentenced to probation under the rules of the Oregon Criminal Justice Commission may be placed on inactive supervision or returned to active supervision in accordance with the provisions of Or Laws 2009 Ch 660. (3) Policy: (a) It is the policy of the Department of Corrections that eligible offenders sentenced to probation may be considered by the supervisory authority for a reduction in the period of active probation for compliance with conditions of probation and their supervision plan pursuant to Or Laws 2009 Ch 660, as provided in these rules. (b) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules. (c) These rules apply to offenders convicted of a crime committed before July 1, 2011, and who are on probation on or after February 24, 2010. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 History: DOC 12-2010, f. & cert. ef. 9-8-10 DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10 DOC 3-2010, f. & cert. ef. 2-24-10
291-206-0010 Definitions (1) Active Probation Supervision: Supervision requiring the supervising officer's regular contact and monitoring to assure continued compliance with the general and special conditions of probation supervision. (2) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). The court may award compensatory fines in addition to restitution. (3) Compliance with the Conditions of Probation and Supervision Plan: For purposes of these rules an eligible offender shall be deemed by the supervisory authority to be in compliance with the conditions of probation and any applicable supervision plan if: (a) All special conditions imposed by the sentencing court for the offender on the term of probation under consideration for inactive supervision have been satisfactorily completed, including the full payment of any restitution or compensatory fine ordered; (b) There have been no technical violations of probation conditions reported to the sentencing court for the immediate six months prior to the consideration for inactive status; (c) There have been no new crime violations of probation conditions reported to the sentencing court during the term of probation under consideration for inactive supervision; and (d) All terms of any applicable supervision plan have been satisfied. (4) Inactive Probation Supervision: A reduced level of supervision that does not include any direct supervision by a supervising officer or regular reporting; however, the offender remains subject to arrest by a supervising officer for violations of condition of supervision and return to active supervision at any time until expiration of the term of probation. All general and special conditions of supervision remain in effect with the following exceptions: (a) General Condition #1 — Pay supervision fees (fines, restitution or other fees previously ordered by the court remain in effect); and (b) Special conditions specifically deleted by the court. (5) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control or probation status. (6) Supervising Officer: The parole and probation officer assigned to supervise the offender. (7) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1). Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 History: DOC 12-2010, f. & cert. ef. 9-8-10 DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10 DOC 3-2010, f. & cert. ef. 2-24-10
291-206-0015 Period of Active Probation Supervision (1) Except as provided in subsections (2), (3), and (4) of this rule, all persons convicted of a felony committed on or after November 1, 1989 and sentenced to probation under the rules of the Oregon Criminal Justice Commission shall serve a minimum period of active probation supervision as follows: (a) Nine months of active probation supervision for crimes in crime categories 1 and 2; (b) Twelve months of active probation supervision for crimes in crime categories 3, 4, and 5; (c) Eighteen months of active probation supervision for crimes in crime categories 6, 7, and 8; or (d) Thirty months of active probation supervision for crimes in crime categories 9, 10, and 11. (2) All persons convicted of a felony and who are subject to a departure sentence as authorized by OAR 213-005-0008(2) shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court. (3) All persons convicted of a felony and sentenced to probation pursuant to ORS 137.012 shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court. (4) All persons convicted of a felony committed before November 1, 1989 and sentenced to probation shall serve a minimum period of active supervision, which equals one-half of the supervision period ordered by the sentencing court. (5) When an eligible offender has served the minimum period of active probation supervision established under subsections (1), (2), (3), and (4) of this rule, the supervisory authority may place the offender on inactive supervision status in the manner provided in these rules. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 History: DOC 12-2010, f. & cert. ef. 9-8-10 DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10 DOC 3-2010, f. & cert. ef. 2-24-10
291-206-0020 Inactive Supervision (1) Upon completion of the minimum period of active supervision as authorized in OAR 291-206-0015, the supervising officer or designee shall review the offender’s file and determine if the offender is in compliance with the offender’s probation conditions and any applicable supervision plan as defined in these rules. (a) If the supervising officer or designee determines that the offender is in compliance, the supervising officer shall recommend to the supervisory authority that it place the offender on inactive probation supervision, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws. Upon receiving a request from the supervising officer, the supervising authority shall place the offender on inactive probation supervision if the supervisory authority determines that the offender is in compliance with probation conditions and any applicable supervision plan as defined in these rules. (b) If the supervising officer or designee determines that the offender is not in compliance with the conditions of probation and any applicable supervision plan, the supervisory authority shall extend the period of active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws. (2) Notwithstanding subsection (1)(b) of this rule, the supervising authority may later place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community. (3) Offenders on or Requesting Compact Supervision in Another State: (a) Offenders whose supervision has been transferred to another state under the Interstate Compact for Adult Offender Supervision are ineligible for inactive probation under these rules. (b) An offender requesting to leave the State of Oregon to reside in another state while on inactive supervision must receive approval for transfer of the offender’s supervision through the Interstate Compact process before being allowed to do so. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 History: DOC 12-2010, f. & cert. ef. 9-8-10 DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10 DOC 3-2010, f. & cert. ef. 2-24-10
291-206-0025 Return to Active Supervision (1) An offender remains subject to arrest for violations of conditions of supervision while on inactive probation supervision. (2) Once an offender has been placed on inactive probation supervision, the supervisory authority may return an offender to active probation supervision for the remainder of the supervision period imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, when the supervisory authority receives a report from a parole and probation officer showing good cause why inactive probation supervision is no longer in the offender's best interest or in the best interest of the community. (3) If the supervisory authority has good cause to return an offender to active probation supervision, and the whereabouts of the offender is unknown, the supervising officer may request that the supervisory authority or the court issue a warrant for the offender’s arrest. (4) After reviewing the report submitted under subsection (2) of this rule, the supervisory authority may return the offender to active probation supervision not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if the supervisory authority finds that returning the offender to active probation supervision is in the best interest of the offender and the community. (5) When an offender is returned to active probation supervision, all general conditions and all previously imposed special conditions shall be in effect. (6) Once returned to active probation supervision after a period of inactive probation supervision, the supervisory authority may again place the offender on inactive probation supervision upon request of the supervising officer if the supervisory authority determines that the offender has subsequently come into compliance with the conditions of probation and any applicable supervision plan, and that inactive probation supervision for the offender is in the best interest of the offender and the community. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OL Ch. 660 History: DOC 12-2010, f. & cert. ef. 9-8-10 DOC 4-2010(Temp), f. & cert. ef. 3-23-10 thru 9-19-10 DOC 3-2010, f. & cert. ef. 2-24-10
291-206-0030 Sentence Expiration (1) During the pendency of any violation proceedings, the running of the supervision period and the sentence is stayed, and the court has jurisdiction over the offender until the proceedings are resolved. (2) These rules shall not preclude more than one renewal of active probation supervision; however, a renewal of active probation supervision may not exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OR Laws Ch. 660 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 2009 OR Laws Ch. 660 History: DOC 3-2010, f. & cert. ef. 2-24-10
291-207-0005 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: To provide uniform business practices in accordance with best practices in case management of inmates in a correctional environment from the time of intake through reentry to the community. (3) Policy: It is the policy of the Department of Corrections to target resources to those inmates who are most likely to recidivate using the Oregon Accountability Model and evidence-based practices, in a multi-disciplinary case management approach from admission to release. 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 16-2011, f. & cert. ef. 8-15-11