justicedao/ipfs_state_laws huggingface dataset:
291-055-0010 Definitions (1) Intensive Management: The status of a custody Level 5 inmate assigned to special security housing and programs in a designated intensive management unit or cell separate from general population housing units and cells in Department of Corrections facilities. (2) IMU Inmate Program Committee: An institution committee that reviews an inmate’s movement among the program levels. The Assistant Superintendent of Correctional Rehabilitation will chair the committee. The committee will consist of staff from Correctional Rehabilitation, Behavioral Health Services, Security Threat Management, Religious Services, and security. Representatives from the Office of Population Management, Education section, Health Services, and Hearings may also attend. (3) IMU Shift Supervisor: The person responsible for the daily operation of the IMU in the absence of the IMU manager. (4) Intensive Management Unit (IMU) Manager: The officer-in-charge or designee responsible for the daily operation of the IMU. (5) Officer-in-Charge: The person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or officer-of-the-day are not readily available. (6) Serious Management Concerns: Participation either individually, or in a group, in behavior which poses a significant threat to the safe and secure operation of the facility, including, but not limited to; (a) Threatening or inflicting bodily injury on another person; (b) Posing an immediate risk of escape; (c) Promoting or engaging in disruptive group behavior; (d) Promoting security threat group activities; or (e) Being involved in any other activity that could significantly threaten the safe and secure operation of the facility, and that such behavior poses a sufficient threat that, in the judgment of the department, can only be adequately controlled in appropriate special housing. 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 24-2014, f. & cert. ef. 12-29-14 DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 DOC 7-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08 DOC 20-2000, f. & cert. ef. 8-18-00 CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 CD 13-1991, f. & cert. ef. 6-7-911
291-055-0014 Selection of Intensive Management Unit Staff (1) Selection Criteria: (a) To qualify for a post that is solely assigned to an Intensive Management Unit, the employee: (A) Must have successfully completed trial service; (B) Must have achieved a satisfactory on a special performance appraisal at the time of application and assignment to IMU. At a minimum, the staff member must meet the following criteria: (i) Have demonstrated maturity and tolerance; (ii) Have expressed a constructive interest in working with inmates in IMU; (iii) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and (iv) Have demonstrated the ability to use good judgment. (2) Assignments to Intensive Management Unit posts: (a) Assignment to Intensive Management Unit posts will be made by the functional unit manager or designee and will be reviewed at least annually. (b) Rotation of staff assigned to Intensive Management Unit posts may occur as it is found to be in the best interest of the employee or the facility, upon determination by the functional unit manager. (c) Temporary assignment to Intensive Management Unit posts will be made by the functional unit manager or designee. Temporary assignments shall be given only to employees who meet the initial qualifications specified in this rule. Whenever possible, temporary assignments will be given only to employees who have successfully completed training specified by the Department of Corrections. (3) Any exceptions to this rule for staff selection to an Intensive Management Unit post must be approved by the Assistant Director for Operations or designee prior to assignment. 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 24-2014, f. & cert. ef. 12-29-14 DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 DOC 20-2000, f. & cert. ef. 8-18-00
291-055-0025 Situational Reviews Individual inmate assessments may be requested by the Assistant Superintendent of Correctional Rehabilitation or designee or the IMU Inmate Program Committee at any time. Inmates requesting mental health services may be referred to qualified Behavioral Health Services personnel pursuant to recommendation of Behavioral Health Services program staff or the Assistant Superintendent of Correctional Rehabilitation 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 24-2014, f. & cert. ef. 12-29-14 DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 DOC 20-2000, f. & cert. ef. 8-18-00 CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 CD 13-1991, f. & cert. ef. 6-7-91
291-055-0031 Retention/Re-assignment from an IMU or IMU Status Cell (1) When considering an inmate for re-assignment from an IMU or IMU status cell to other appropriate housing, the IMU Inmate Program Committee will consider the inmate's adjustment within IMU, the nature and severity of the high category misconduct, length of time in IMU, and past history. The committee may also consider the degree of participation in self-improvement programs, mental health counseling, anger management, education, job assignments, alcohol/drug abuse therapy, assessment and evaluation, behavioral contracts, security threat group disassociation, communicable disease counseling, or other institutional management concerns. (2) Periodic Review: (a) The IMU Inmate Program Committee shall review each inmate assigned to an IMU or IMU status cell periodically. The initial review will be conducted at 150 days after the initial placement on IMU status or an IMU status cell, and then at least every 90 days, or within 30 days of the inmate obtaining program level four status, to determine if the inmate will be retained in or re-assigned from an IMU or IMU status cell to other appropriate housing. (b) Prior to the review and recommendation by the IMU Inmate Program Committee, the IMU status inmate will receive notice and be allowed an opportunity to provide written submission to the committee for their consideration. (c) The IMU Inmate Program Committee shall submit a written recommendation to either retain or reassign an inmate from IMU or an IMU status cell to the Office of Population Management Administrator or designee. A completed IMU 90 Day Review (CD1683) must be sent to the Office of Population Management describing the reason(s) and justification for the inmate to be either retained in or re-assigned from IMU or an IMU status cell. (d) The Office of Population Management Administrator or designee shall make a decision to retain the inmate in IMU or an IMU status cell or assign the inmate to other appropriate housing. The Office of Population Management Administrator’s or designee’s decision is final and not subject to further 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 24-2014, f. & cert. ef. 12-29-14 DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 DOC 20-2000, f. & cert. ef. 8-18-00 CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 CD 13-1991, f. & cert. ef. 6-7-91
291-055-0040 Property (1) Any personal property, as defined in the Department of Corrections rule on Personal Property Control and Disposition (Inmate), OAR 291-117, not permitted in the cell of any Intensive Management Unit inmate will be properly protected in a designated property room. Upon release from IMU, the inmate shall check his/her personal property and sign the property sheet. (2) Intensive Management Unit inmates will be permitted to retain basic personal health items (dentures, prescribed eye wear, hearing aids and approved prosthetic devices). 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 24-2014, f. & cert. ef. 12-29-14 DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 DOC 20-2000, f. & cert. ef. 8-18-00 CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 CD 13-1991, f. & cert. ef. 6-7-91
291-055-0050 Forfeiture/Deprivation of Service or Activity (1) An Intensive Management Unit inmate may be required to forfeit or be temporarily deprived of any service or activity when the inmate is using them to destroy or damage property, obstruct security, or threatens physical violence to self or others. If an inmate is using any service or activity for self destruction, that service/activity may be temporarily removed upon order of the IMU manager or designee. Any item(s) withheld shall be returned at the earliest possible time when the basis for removal has ceased to exist. A written report documenting the action will be forwarded to the functional unit manager or designee. (2) Services and activities may be forfeited or deprived as a result of a disciplinary sanction in accordance with the Department of Corrections rule on Prohibited Inmate Conduct and Processing Disciplinary Actions, OAR 291-105. (3) Additional programs and services will depend on the inmate's adjustment and adherence to department rules and Intensive Management Unit regulations. Programs and services outlined in this rule denote eligibility only, they do not guarantee program and service delivery. Staff and facility resources may determine frequency and duration of approved inmate activity. 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 24-2014, f. & cert. ef. 12-29-14 DOC 16-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14 DOC 20-2000, f. & cert. ef. 8-18-00 CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 CD 13-1991, f. & cert. ef. 6-7-91
291-058-0010 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 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish a uniform system of administrative sanctions to address violation behavior of adults on supervision while on probation, parole, post-prison supervision, leave, or any other form of supervision that may be imposed by the Department of Corrections or a county community corrections agency, taking into consideration the severity of the violation behavior, the prior violation history, the severity of the underlying criminal conviction, the criminal history of the adult on supervision, protection of the community, deterrence, the effective capacity of the state prisons and local correctional facilities, and the availability of appropriate local sanctions. (3) Policy: (a) It is the policy of the Department of Corrections to compel compliance with the conditions of supervision by responding to violations with swift, certain, and fair interventions. It is the policy of the Department of Corrections that decisions to incarcerate adults on supervision while on probation, parole, post-prison supervision, leave, or any other form of supervision for violation of the conditions of supervision must be made upon a systematic basis that will ensure that available custodial space is used to house those who constitute a threat to the public, taking into consideration the availability of custodial space and local resources. (b) It is the policy of the Department of Corrections to provide, in conjunction with the Board of Parole and Post-Prison Supervision for adults on supervision subject to the jurisdiction of the Board, specific direction for department and county community corrections agency employees to follow when considering administrative sanctioning options for adults on supervision . Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030 & 423.075 History: DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025 DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025 DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017 DOC 7-2017, f. & cert. ef. 5-17-17 DOC 8-2009, f. & cert. ef. 5-29-09 DOC 11-1998, f. & cert. ef. 5-19-98 CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98 CD 8-1994, f. 3-18-94, cert. ef. 3-29-94 CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93
291-058-0030 Application to Adults on Supervision (1) These rules shall apply to all adults on supervision on probation for a felony committed on or after September 1, 1993, unless the court retained jurisdiction. (2) These rules shall apply to adults on supervision on probation for a felony committed prior to September 1, 1993, if: (a) The sentencing judge orders the adult on supervision to be subject to the structured, intermediate sanctions sanctioning process; and (b) The adult on supervision consents in writing or on the record to be subject to the structured, intermediate sanctions sanctioning process. (3) The agency or officer shall present adults on supervision on probation for a felony committed prior to September 1, 1993 with the option of consenting to be subject to the structured, intermediate sanctions sanctioning process for violation of conditions of probation supervision. Adults on supervision may consent in writing to be subject to the structured, intermediate sanctions sanctioning process by signing a structured, intermediate sanctions sanctioning process consent form (CD1274). The agency or officer shall present an adult on supervision’s written consent to be subject to the structured, intermediate sanctions sanctioning process to the sentencing court for the court’s approval and signature. (4) These rules apply to all adults on supervision on parole and post-prison supervision and all compact adults on supervision supervised in Oregon. (5) These rules apply to all adults on supervision on short-term transitional leave with specific limitations set forth in OAR 291-058-0046. (6) These rules apply to all adults on supervision on nonprison leave with specific limitations set forth in OAR 291-058-0047. (7) These rules apply to adults on supervision on probation for a designated drug-related misdemeanor, as defined in ORS 423.478, for crimes committed on or after August 15, 2017. (8) These rules apply to those sentenced on or after January 1, 2022 and placed on probation for a designated person misdemeanor as defined in ORS 423.478. Statutory/Other Authority: ORS 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592 & 137.593 Statutes/Other Implemented: ORS 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 423.030, 423.075, 137.592 & 137.593 History: DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025 DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025 DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019 DOC 7-2017, f. & cert. ef. 5-17-17 DOC 8-2009, f. & cert. ef. 5-29-09 DOC 11-1998, f. & cert. ef. 5-19-98 CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98 CD 8-1994, f. 3-18-94, cert. ef. 3-29-94 CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93
291-058-0046 Imposition of Administrative Sanctions or Interventions on Adults on Supervision While on Short-Term Transitional Leave (1) The process to impose administrative sanctions or interventions on adults on supervision while on short-term transitional leave shall be the same as for any adults on supervision with the restrictions listed in subsections (2) through (3) below. (2) If an adult on supervision does not consent to the administrative sanctions or interventions imposed by the officer, the officer shall report the violation to the Assistant Director of Community Corrections or designee in accordance with OAR 291-063-0160 as soon as practicable but within five days. (3) If the officer determines that any indicated behavior response level within the grid is insufficient to address the seriousness of the violation behavior, a higher sanction response, up to and including revocation of short-term transitional leave and returning the adult on supervision to a Department of Corrections facility, may be imposed only after consultation and agreement of the Assistant Director of Community Corrections or designee. For revocation of short-term transitional leave recommendations submitted under this section, officers shall use the process outlined in OAR 291-063-0160. Statutory/Other Authority: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.595, 179.040, 421.168, 423.020, 423.030 & 423.075 History: DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025 DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025 DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 7-2017, f. & cert. ef. 5-17-17 DOC 2-2010, f. & cert. ef. 2-24-10 DOC 16-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10 DOC 8-2009, f. & cert. ef. 5-29-09
291-058-0047 Imposition of Administrative Sanctions or Interventions on Adults on Supervision While on Nonprison Leave (1) The process to impose administrative sanctions or interventions on adults on supervision while on nonprison leave shall be the same as for any adults on supervision with the restrictions listed in subsections (2) through (6) below. (2) Only violations in the “Low Behavior Severity Level” and “Medium Behavior Severity Level” columns of the Behavior Severity Level Chart on the Administrative Sanctions Sanctioning Grid (Attachment A) shall be addressed with an administrative sanction or intervention response. (3) Violations found to be in the “High Behavior Severity Level” of Attachment A shall be addressed in accordance with OAR 291-062-0165. (4) If an adult on supervision does not consent to the administrative sanctions or interventions imposed by the officer, the officer shall report the violation to the institution functional unit manager or designee in accordance with OAR 291-062-0165 as soon as practicable but within five days. (5) If the officer determines that any indicated behavior response level within the grid is insufficient to address the seriousness of the violation behavior, a higher sanction response, up to and including revocation of nonprison leave and returning the adult on supervision to a Department of Corrections facility, may be imposed only after consultation and agreement of the institution functional unit manager or designee. For revocation of nonprison leave recommendations submitted under this section, officers shall use the process outlined in OAR 291-062-0165. (6) Use of jail sanctions for adults on supervision while on nonprison leave from an alternative incarceration program must be agreed upon by both the Department of Corrections and the local county. A jail sanction cannot exceed three days. Statutory/Other Authority: ORS 137.595, 179.040, 421.510, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.595, 179.040, 421.510, 423.020, 423.030 & 423.075 History: DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025 DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025 DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 20-2017, amend filed 12/11/2017, effective 12/11/2017 DOC 7-2017, f. & cert. ef. 5-17-17
291-058-0050 Reporting of Sanctions for Probation Cases and Role of the Court and District Attorney (1) Whenever administrative sanctions are imposed in a probation case, the sentencing court and the district attorney shall be notified utilizing a Department of Corrections violation and structured sanction reporting form. When a probation intervention or sanction involves modifying conditions of probation, the court must sign and return the request before the amended condition is in effect, unless specific authority has been granted to the agency by the sentencing court. (2) Notification shall be sent via email or facsimile where available during the same working day in which a sanction is imposed. Where email or facsimile is not available, notification shall be mailed the same working day in which the sanction is imposed. (3) Prior to the imposition of any administrative sanction or within four judicial days after receiving notice that an administrative sanction has been imposed on a probationer, the court upon motion of the district attorney or on its own motion may cause the adult on supervision to be brought before the court for a hearing and may revoke probation, impose other or additional sanctions, or modify the conditions of probation as authorized by law. In no case may the sentencing judge cause an adult on supervision to be brought before the court for a hearing and revoke probation or impose other or additional sanctions after the probationer has completed an administrative sanction imposed by the agency. Statutory/Other Authority: ORS 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030, 423.075, 137.592 & 137.593 Statutes/Other Implemented: ORS 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030, 423.075, 137.592 & 137.593 History: DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025 DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025 DOC 10-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 6-2019, temporary amend filed 02/12/2019, effective 02/12/2019 through 08/10/2019 DOC 7-2017, f. & cert. ef. 5-17-17 DOC 8-2009, f. & cert. ef. 5-29-09 DOC 11-1998, f. & cert. ef. 5-19-98 CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98 CD 8-1994, f. 3-18-94, cert. ef. 3-29-94 CD 24-1993(Temp), f. 9-20-93, cert. ef. 9-27-93
291-058-0060 Reporting of Sanctions for Parole and Post-Prison Supervision Cases and Role of the Supervisory Authority and Board of Parole and Post-Prison Supervision (1) Whenever administrative sanctions are imposed in a parole or post-prison supervision case, the supervisory authority or the Board of Parole and Post-Prison Supervision shall be notified utilizing a Department of Corrections violation and structured sanction reporting form. (2) When custody is imposed or conditions of supervision are modified, a completed violation and structured sanction reporting form and Notice of Rights form will be submitted to the local supervisory authority or the Board of Parole and Post-Prison Supervision. (3) Notification shall be sent utilizing the automated structured sanction module within the Corrections Information System whenever possible or via email or facsimile where available during the same working day in which a sanction is imposed. Where email or facsimile is not available, notification shall be mailed the same working day in which the sanction is imposed. Statutory/Other Authority: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 179.040, 423.020, 423.030 & 423.075 History: DOC 2-2025, amend filed 01/22/2025, effective 01/22/2025 DOC 19-2024, temporary amend filed 08/28/2024, effective 09/01/2024 through 02/27/2025 DOC 7-2017, f. & cert. ef. 5-17-17 DOC 8-2009, f. & cert. ef. 5-29-09 DOC 11-1998, f. & cert. ef. 5-19-98 CD 26-1997(Temp), f. & cert. ef. 11-21-97 thru 5-20-98