justicedao/ipfs_state_laws huggingface dataset:
291-127-0455 Enhanced and Event Visits (1) Enhanced and event visits may be offered at the discretion of the functional unit manager. (2) Event visits allow friends and family to participate in significant celebrations and accomplishments that take place inside a correctional facility. Examples include program graduations, banquets, sporting events, etc. (3) Enhanced visits create purposeful environments where friends and family can naturally interact and create meaningful bonds that directly support reentry success and family wellbeing. (4) Eligibility for these types of visitations is determined in conjunction with the non-cash incentives program outlined in the department’s rule on Performance Recognition and Award System (OAR 291-077). (5) Additional eligibility for participation may be determined by the functional unit manager or designee. (6) Visitors must be on the adult in custody’s approved visitor list for these visits. Persons not on an adult in custody’s approved visitor list may be given approval to attend an enhanced or event visit at the discretion of the functional unit manager or designee. (7) Visiting points are not deducted for enhanced or event visits. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0460 Visitor Clothing (1) In order to maintain a positive environment for all adults in custody and visitors, a reasonable clothing standard must be established. Visitors are encouraged to wear clothing that is conservative in nature in order to maintain a family friendly visiting environment. (2) All visitors are required to wear: (a) Undergarments, including non-underwire bras, which are not visible through outer clothing; and (b) Footwear. (3) The following clothing may be allowed: (a) Dresses, skirts, jumpers, culottes, and shorts that are knee level or lower when standing; (b) Tank tops as long as the undergarment is not visible; (c) Light-weight sweaters, jackets, sport or suit coats, hooded sweatshirts and lined jackets or coats as long as they are worn by the visitor during the entire visiting session; (d) Umbrellas, hats, outer garments such as raincoats, ski jackets and other garments that protect against rain and other inclement weather are normally prohibited within the main visiting room. Some visiting rooms require outside travel once checked in. In these cases, the facility will provide a designated area for the garment; or (e) Headwear, if worn for religious reasons. All headwear is subject to inspection for security purposes. (4) The following clothing is prohibited: (a) Underwire bras; (b) Blue denim or blue colored clothing of any kind; (c) Camouflaged patterned clothing of any kind; (d) Clothing that is provocative as it may draw undue attention; (e) Wraparound skirts; (f) Dresses, skirts, jumpers, culottes, and shorts that end above the knee when standing or have slits more than one (1) inch above the knee; (g) Clothing that exposes an undue amount of flesh (for example, exposing chest, back, thighs, or midsection). Examples of this type of clothing include, but is not limited to, halter tops, dresses, tube tops, see-through clothing, sheer fabrics, mini-skirts, shirts with low cut neck lines, and crop tops; (h) Clothing, hairstyles, insignias, or other paraphernalia associated with security threat groups or that are inflammatory in nature; or (i) Hats or headwear of any kind except as described in section in (3)(e) above. (5) Children eight years old and under must be appropriately clothed and are not subject to the clothing restrictions listed in section (4) above. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0465 Facility Entry (1) Facility employees will make every effort to ensure that visitors have an opportunity to visit on the day they arrive. Visitors are encouraged to view the agency website at http://www.oregon.gov/DOC or contact the facility for the institution’s restrictions and regulations for visiting hours, number of visitors, restroom use, parking, etc. (2) Visitors are expected to arrive at a reasonable time prior to the session and leave immediately afterward. Loitering on facility grounds is not permitted. Attempts to communicate with adults in custody from the grounds before or after the visiting session may lead to suspension or removal from adult in custody's visiting list.. (3) Visitors shall park and secure their automobiles in the designated visitor parking lot. Parking for visitors with disabilities will be available in designated areas. (4) Minor children or animals shall not be left unattended in cars or on facility property. (5) Minor children may visit on any of the regular visiting days when accompanied by an adult visitor on the adult in custody 's approved visiting list. Both visitors must be visiting the same adult in custody at the same time. Exceptions may be specifically authorized by the functional unit manager or designee. (6) Each visitor is allowed to bring up to $25 in change. Tokens, tickets, bank cards or other authorized cash substitute devices may be allowed in the visiting area at certain facilities. All are subject to inspection and approval. (7) Visitors are allowed to bring in five non-polaroid photographs or five sheets of photographs. All documents and items shall be searched prior to entering or leaving the visiting area. (8) Visitors are allowed to bring in only the following baby-care items for each infant. All items are subject to search: (a) Two diapers; (b) One clear plastic bottle; (c) One single layer blanket; (d) One pacifier; and (e) Diaper wipes (in clear plastic bag). Statutory/Other Authority: ORS 179.040, 423.030, 423.020 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.030, 423.020 & 423.075 History: DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0470 Prohibited Contraband (1) Contraband is prohibited on Department of Corrections facility grounds. Contraband includes, but is not limited to, explosive devices, firearms, ammunition, alcoholic beverages, marijuana, marijuana products, narcotics, dangerous drugs, or objects or material of any kind which might be used to compromise the safety and security of the facility. (2) Tobacco and vaping products are not permitted on any Department of Corrections facility grounds. (3) Electronic devices of any kind (for example, cell phones, smartwatches, pagers, tablets), whether worn or hand-held, that have the capability of audio or video recording, photography, or cell phone capabilities are not permitted. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0475 Identification Requirements (1) Upon arrival at the visiting desk or reception area, the visitor shall sign a registration form and present valid photo identification (ID). (2) One of the following will be required as identification for visitors aged 15 years and older to enter a Department of Corrections facility for privileged visiting: (a) Driver’s license; (b) Passport; (c) State identification card (state employee or Motor Vehicle Division); (d) Military identification; (e) Student identification card; or (f) Other official governmental identification. (3) If you do not have the proper identification listed above for privileged visiting, you may be allowed a basic visit. Two of the following will be required as identification for visitors aged 15 and older to enter a Department of Corrections facility for basic visiting: (a) Social Security Card; (b) Birth certificate or registration; (c) Current identification card from service organizations (other than military) with picture and signature; or (d) Current bank cards with a signature. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0480 Security Screening (1) Visitors must be processed through a security checkpoint to access the visiting area within all Department of Corrections facilities. Security employees screen all visitors and search any authorized hand-carried items. (2) Lockers may be provided for visitor use to store purses, carrying cases, or other personal items until the visit is over. (3) Visitors are encouraged to let employee know of any personal needs or concerns due to religious or cultural considerations, disability, or other medical reasons. (4) Any visitor who exhibits indication of use or appears to be under the influence of alcohol, marijuana, narcotics, or other intoxicants shall not be permitted to visit. (5) Processing may require the removal of shoes, jackets, sweaters, suspenders, belts or other accessories for closer inspection or separate processing of the item. (6) Excessive jewelry, areas of the body that have body piercings or undergarments with metal clasps or adjusters often alarm metal detectors and may delay or even prevent visiting. Visitors may be asked to remove body piercings or excessive jewelry to expedite the screening process. (7) For security purposes, initial screening of visitors will be done by metal detector. For most visitors, successfully completing the scan by metal detector and the related inspection of clothing and authorized personal items will alleviate the need for additional screening. (a) At facilities equipped with a functioning walk-through metal detector, all visitors must successfully pass through the detector unless a visitor has a documented medical condition or disability that would prevent the visitor from passing through the detector. (b) At facilities without a functioning walk-through metal detector, a hand-wand type of metal detector may be used. (8) Additional screening will occur when a metal detector alarms, a visitor is selected for additional screening, or the visitor has provided documentation to substantiate a condition that prevents successful screening by metal detector. Additional screening may include: (a) A hand-wand inspection in conjunction with a clothed search of the visitor’s body, including the torso; (b) A clothed search alone; or (c) An unclothed search. (9) Clothed and unclothed searches will be conducted by an employee of the same gender. (10) No visitor will be asked to submit to a search except upon consent as provided in OAR 291-041-0035. (11) Should a visitor withdraw consent at any time once a search has been initiated, the searching officer shall discontinue the search immediately. The visit will not be allowed. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0485 Persons with Disabilities, Medical Conditions or Medical Devices (1) Visitors with documentation regarding a medical condition or disability shall present this information to facility employees to help inform facility employees of the visitor’s circumstances. This documentation will not exempt the visitor from the security screening process. (2) Medical devices and medications necessary for a visitor’s health (for example, inhalers, nitroglycerin) may be brought into the facility and left at the visiting officer’s desk. (3) Visitors with a medical device (for example, pacemaker, defibrillator, device that operates under magnetic calibration, metal implants, wheelchair, bone growth stimulator, or other internal or external medical device) should check with their doctor prior to arriving at the facility to determine if it is safe to go through the metal detector or be screened with a hand-wand. (4) Visitors must provide proper documentation of a disability, medical condition, or medical device that would prevent their passing through a walk-through metal detector, being screened with a hand-wand, or both. Visitors with proper documentation will be offered a clothed search as an alternative. (5) To expedite the processing of visitors, the Department of Corrections recommends but does not require a visitor to advise facility employees that they have a pacemaker, implanted medical device, or metal implant and where that implant is located. (6) Facility employee will need to resolve all security alarms associated with metal implants. Most alarms will be able to be resolved during a clothed search and should not typically require the lifting or removal of clothing. (7) A modified clothed search will be used for visitors confined to wheelchairs or electric scooters as the reliability of hand-held metal detectors is limited by the structure of the chair itself. Visitors in wheelchairs or electric scooters shall limit their accessories and personal possessions during the visiting session to only those items medically necessary and allowed within this rule. (8) If a visitor chooses not to consent to a clothed search, the visit may not be allowed. (9) Should a visitor withdraw consent at any time once a search of any kind has been initiated, the searching officer shall discontinue the search immediately. The visit will not be allowed. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0490 Service Animals (1) Visitors arriving with a service animal will be responsible to ensure that the service animal is properly controlled and behaved at all times. (2) Visitors may be asked the following in relation to the service animal: (a) To remove any apparel the service animal is wearing; (b) If the animal is required because of a disability; and (c) What work or task the animal has been trained to perform. (3) Adults in custody are not allowed to touch service animals. (4) A person will not be asked to remove the service animal from the premises unless: (a) The animal is out of control and the handler does not take effective action to control it. (b) The animal is not housebroken. (5) Where there is a legitimate reason to ask that the service animal be removed, facility employees shall offer the person with the disability an opportunity to visit without the animal’s presence. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0495 Visiting Room Protocol (1) Facility employees will assign seating appropriate for the size and make-up of the group, and space availability. Once visitors and adults in custody have been assigned seating in the visiting area, changing location requires approval of the visiting room supervisor. (2) Visitors approved for privileged visiting may briefly embrace and briefly kiss the adult in custody at the beginning and end of the visits. Hand-holding and holding of minor children is permitted during the visit. (3) Children shall be supervised at all times while in the visitation or play area. Visitors are responsible to ensure that children are not disruptive to the point it interferes with other visits or jeopardizes the security of the visiting environment. If this occurs, a visit may be ended prematurely to remove the child. (4) Visitors shall be allowed to breastfeed their child in a suitable location as to minimize the impact on the visit. (5) Restrooms are available for visitor use. For the safety of the child, only the visitor may accompany a child to the restroom. (6) Once a visitor or an adult in custody leaves the visiting area, other than to access the restroom or to breastfeed, the visit shall be terminated. (7) If the facility does not have a restroom designated for adult in custody use, the visit shall terminate if the adult in custody leaves to use a restroom. Adults in custody with a medical condition documented and verified by Health Services, may be permitted restroom privileges in those facilities where adult in custody restrooms are not available. (8) Visitors shall not engage in a disturbance, as defined in this rule. Visitors who engage in a disturbance or other inappropriate conduct as defined in these rules, or who loiter in or about a Department of Corrections facility, shall be subject to removal from the facility. The officer-in-charge of the facility may contact law enforcement officials for assistance if the visitor refuses to leave the facility when requested by department employees. (9) Visitors and adults in custody are not permitted to visit with a person who is not specifically authorized for the current visit. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0500 Exchanging Items with Adults in Custody (1) Visitors will not exchange or give any object or article to an adult in custody other than vending machine items if approved by the visiting facility. (2) Paper items produced by children during the visiting session with provided materials may be taken out by the child or displayed in the visiting room. All documents shall be searched prior to leaving the visiting area. (3) All items purchased from the vending machines must be consumed or disposed of in the visiting facility, unless authorized by the functional unit manager or designee. (4) Adults in custody are prohibited from handling money, tokens, or bank cards. (5) Adults in custody are prohibited from approaching or operating the vending machines. Statutory/Other Authority: ORS 179.040, 423.030, 423.020 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.030, 423.020 & 423.075 History: DOC 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0505 Early Termination of Visits (1) The functional unit manager or designee may terminate a visit at any time due to space limitations or as deemed necessary to maintain the safety, security, health, and good order of the facility, or the safety and security of other adults in custody, employees, visitors, contractors, or the community. (a) Factors to be considered before a visit is terminated due to space limitations will include, but are not limited to, distance visitors travel, frequency of visits, and time of arrival. (b) Visiting room personnel will maintain a log of visits terminated due to space limitations to avoid having an adult in custody’s visits terminated consecutively. (2) Violation of visiting room protocol by a visitor, or violation of rules of prohibited conduct by an adult in custody may result in termination of the visit. 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019
291-127-0515 Administrative Review (1) Request for Administrative Review by Director’s Designee: (a) An adult in custody or prospective visitor may request administrative review of a decision denying a visiting application by submitting a completed administrative review for denial of visiting application form (CD 1594) to Visiting Services. The administrative review request must include information supporting reversal or modification of the decision and be submitted with copies of any documents or official records in support of the same. The administrative review request must be received by Visiting Services within 60 days of the date of the visiting application denial letter. (b) Upon the timely receipt by Visiting Services of a completed administrative review for denial of visiting application form (CD 1594) together with copies of any supporting documents or updated official records, the Director’s designee will review the decision denying the visiting application and either affirm, reverse, or otherwise modify the decision as circumstances warrant. The Director’s designee may request additional information from the adult in custody, prospective visitor, law enforcement agency, or other reliable resource in order to complete the review. (c) Reversal or Modification of a Decision Denying a Visiting Application: A decision denying a visiting application may be reversed or modified by the Director’s designee in the following circumstances: (A) The initial decision is determined by the Director’s designee to have been made in error based on incorrect information or an incorrect application of these rules; or (B) Circumstances impacting visiting eligibility changed since the date of the decision denying the visiting application under review. (d) The Director’s designee’s decision on administrative review shall be applied consistently to all department facilities unless otherwise stated in the decision and will be noted in the Department of Corrections Visitor Tracking System. (e) The Director’s designee’s decision shall be final and not subject to further review. (2) Administrative Review by Assistant Director of Correctional Services for Extraordinary Circumstances: (a) Notwithstanding any other provision of these rules, the Assistant Director of Correctional Services may, in their sole discretion, reverse or modify a decision denying an application for visiting between an adult in custody and an immediate family member of the adult in custody for extraordinary circumstances based upon recommendation of the functional unit manager or designee. (b) The Assistant Director’s decision shall be 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 22-2024, amend filed 10/08/2024, effective 10/08/2024 DOC 7-2024, temporary amend filed 05/16/2024, effective 05/16/2024 through 11/11/2024 DOC 12-2019, adopt filed 06/24/2019, effective 07/01/2019