justicedao/ipfs_state_laws huggingface dataset:
416-415-0060 Youth in Custody Status (1) Youth in Custody participating in OYA-approved Work Programs retain their legal status as Adjudicated Youth or DOC Youth in Custody and must comply with any conditions of participation or standards of conduct established by the Work Program approval authority or Program Staff. (2) Any behavior violation associated with a Youth in Custody's participation in a Work Program must be managed according to OAR chapter 416, division 470 (Prohibited Youth in Custody Behaviors and Processing Behavior Violations). Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240 Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270 History: OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 3-2014, f. & cert. ef. 11-4-14
416-415-0070 Work Program Participation Suspension/Termination (1) The Work Program approval authority, Program Staff, or other OYA staff may, in their sole discretion, cause a Youth in Custody to be temporarily removed from the Youth in Custody's Work Program assignment for reasons consistent with the Youth in Custody’s treatment needs, the safety and security needs of the facility, or the safety and security needs of the Work Program and any Program Staff or Youth in Custody participants. (2) A Youth in Custody's Work Program assignment must be immediately suspended whenever the Work Program approval authority, Program Staff, or other OYA staff have reason to believe that: (a) The Youth in Custody has violated any law, or prescribed Work Program participation condition; (b) The Youth in Custody's continued participation in the Work Program poses an imminent threat to staff, other Youth in Custody, or the general public; or (c) The Youth in Custody's continued participation in the Work Program is otherwise not in the best interest of the Youth in Custody, facility operations, or the community. (3) Following suspension of a Youth in Custody from a Work Program, the Work Program Manager must review the circumstances surrounding the Youth in Custody's suspension and determine whether to terminate or reinstate the Youth in Custody to the Work Program. (4) Unauthorized Absences (a) A Youth in Custody participating in an Onsite Work Program, Offsite Work Program, or Work Release who is determined to be absent without written permission from the Work Program is on unauthorized absence and is immediately terminated from the Work Program. (b) An unauthorized absence may constitute an escape from a correctional facility and must be reported as an escape according to OYA policy. (5) A Youth in Custody who is terminated from a Work Program may appeal the termination decision by filing a Youth in Custody grievance according to OAR chapter 416, division 20 (Youth in Custody Grievance Process). Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240 Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270 History: OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 3-2014, f. & cert. ef. 11-4-14
416-415-0080 Work Program Staff Security Precautions (1) Program Staff may supervise Youth in Custody who are participating in Facility Work Programs or Work Release, or escort Youth in Custody going to or returning from Work Release activities in the community. (2) Only a Program Staff who is an OYA employee, or an employee or agent of a local, state, or federal government agency may supervise Youth in Custody who are participating in Onsite Work Programs or Offsite Work Programs. (3) Program Staff who supervise or escort Youth in Custody must: (a) Successfully complete OYA training on basic security practices; (b) Carry a mobile communication device; and (c) Be familiar with and follow OYA policies pertaining to: (A) Appropriate relationships with Youth in Custody; (B) Mandatory reporting of Youth in Custody abuse or harassment; (C) Supervision of Youth in Custody; and (D) Transporting Youth in Custody. (4) OYA training on basic security practices listed in subsection (3)(a) of this rule must be designed in consultation with the Department of Corrections. Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240 Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270 History: OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 3-2014, f. & cert. ef. 11-4-14
416-415-0090 Written Agreements with Public and Private Agencies or Persons (1) A written agreement must exist between OYA and a public or private agency, or person with whom a Youth in Custody has secured authorized work, prior to the assignment of a Youth in Custody to perform the authorized work. (2) The agreement must set forth the following: (a) The nature and scope of the work to be performed by the Youth in Custody; (b) Any terms or conditions of the Youth in Custody's assignment and participation required by OYA; (c) The stipend rate for the Youth in Custody's participation in the Work Program; (d) The costs of staff supervision, if applicable; and (e) A provision requiring the public or private agency, or person with whom a Youth in Custody has secured authorized work, to furnish to OYA a regular accounting of the Youth in Custody's work performance, behavior, and location. Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240 Statutes/Other Implemented: ORS 420A.010, 420.070, 420.240, 420.245, 420.250, 420.255 & 420.270 History: OYA 1-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 13-2023, amend filed 01/11/2023, effective 01/11/2023 OYA 3-2014, f. & cert. ef. 11-4-14
416-420-0000 Purpose (1) These rules define the process by which a person may access Oregon Youth Authority (OYA) facility premises. (2) All youth in custody, except as specifically provided in these rules, are eligible for visitation while residing in an OYA facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478, ORS 420A.010 & ORS 420A.100 History: OYA 14-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 22-2005, f. & cert. ef. 9-19-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-420-0005 Definitions (1) Facility: Any youth correctional facility, camp or transitional facility, operated by the Oregon Youth Authority. (2) Premises: Includes any building, staff office, and grounds. (3) Youth in custody: A person in the legal and physical custody of OYA either in a facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 14-2023, adopt filed 05/08/2023, effective 05/08/2023
416-420-0020 Tours (1) Approval by the OYA is required for all facility tours in compliance with these rules and OYA policy and procedure. Typically, tours are granted to persons interested or involved in juvenile corrections, such as: (a) Oregon state officials; (b) Juvenile justice professionals from other agencies; (c) Students older than age 18, as part of an educational program (exceptions for underage students may be approved by the facility superintendent/camp director). (2) All tours will be supervised by staff. Some parts of the facility may be off-limits, and individual contact with youth in custody is prohibited unless specifically authorized. (3) As part of the approval process, the OYA requires that the names of persons who plan to participate in the tour be provided in advance. Persons must check-in at the designated reception area and present photo identification. (a) Persons not prior authorized to participate in the tour will be denied access into the facility. (b) Persons who are on parole/probation status in the community, former OYA youth in custody, or family members of current youth in custody must be individually approved in writing by the facility superintendent/camp director to participate in a facility tour. (c) Persons who attempt to bring any contraband into a facility will be denied access into the facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 162.135, ORS 162.185, ORS 419C.478, ORS 420A.010 & ORS 420A.100 History: OYA 14-2023, amend filed 05/08/2023, effective 05/08/2023 OYA 22-2005, f. & cert. ef. 9-19-05 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-425-0000 Purpose These rules prescribe procedures by which offenders in Oregon Youth Authority (OYA) close custody facilities may be transferred to a state mental hospital or a facility designated by the Oregon Health Authority (OHA) for evaluation and treatment. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 179.471, 179.473, 179.478, 420.500, 520.505 & 420.525 History: OYA 7-2020, minor correction filed 05/01/2020, effective 05/01/2020 OYA 27-2005, f. & cert. ef. 11-22-05 OYA 16-2005(Temp), f. & cert. ef. 7-14-05 thru 1-7-06
416-425-0010 Definitions For purposes of these rules: (1) Close custody facility: Any of the secure facilities operated by the OYA, including, but not limited to, youth correctional facilities, work/study camps, and transition camps. (2) Facility designated by the Oregon Health Authority (OHA): A hospital or secure non-hospital facility designated by OHA to provide evaluation and treatment services for offenders under the age of 18. (3) Hearing Officer: An independent decision maker designated to conduct an administrative commitment hearing for an offender. (4) Mentally Ill offender: An offender who, because of a mental disorder or a severe emotional disorder, is one or more of the following: (a) Dangerous to self or others; (b) Is unable to provide for basic personal needs and is not receiving such psychiatric care as is necessary for health or safety; (c) An offender, who unless treated, will continue to a reasonable medical probability, to physically or mentally deteriorate so that the offender will become a person described under either or both subparagraph (a) or (b) above. (5) Offender: A person placed in an OYA close custody facility, including inmates in the legal custody of the Department of Corrections (DOC). (6) State Mental Hospital: As defined in ORS 426.010. Except as otherwise ordered by the OHA pursuant to ORS 179.325, the Oregon State Hospitals in Salem, Marion County, and Portland, Multnomah County, and the Blue Mountain Recovery Center in Pendleton, Umatilla County, will be used as state hospitals for the care and treatment of mentally ill offenders age 18 and over who are transferred by the OYA pursuant to these rules. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 179.471, 179.473, 179.478, 420.500, 520.505 & 420.525 History: OYA 8-2020, minor correction filed 05/01/2020, effective 05/01/2020 OYA 27-2005, f. & cert. ef. 11-22-05 OYA 16-2005(Temp), f. & cert. ef. 7-14-05 thru 1-7-06
416-430-0000 Purpose (1) Certain types of youth in custody behavior exhibited prior to or following placement in OYA custody are identified as sensitive and cause a sensitive case descriptor to be attached to a case file. This rule defines the process by which such descriptor will be attached and removed from a case file. (2) These rules apply to all youth in custody who are committed to the legal or physical custody of OYA, and placed in OYA facilities or under OYA supervision on parole/probation status in the community. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125 History: OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 21-2005, f. & cert. ef. 9-19-05 OYA 15-2002, f. & cert. ef. 10-11-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-430-0010 Reason for Descriptors (1) The purpose of the descriptor is to alert staff to unique situations that can affect the following areas of case management and program planning: (a) Safety, security, and order of facilities and communities. Awareness of unique situations ensure that staff fully consider placement options (both in the facility living unit, and in the community), ensuring that safety, security, and order of facilities and communities are maintained; (b) Youth in custody treatment opportunities. Collection of accurate and consistent information will prompt appropriate assessment to identify unique treatment needs where they exist. Such information notifies staff to link youth in custody with available programming and spurs the development of new programs to meet youth in custody needs; (c) Transition planning for youth in custody: The case descriptor will cue staff to consider specific community services available to support the unique needs of the youth in custody; (d) Effective networking with stakeholders: The case descriptor will ensure that pertinent and accurate information is passed along to stakeholders when youth in custody transition in and out of OYA system, and in response to requests for information from stakeholders; and (e) Agency planning. Accurate definition of populations served by OYA is necessary to present statistical reports in support of current and future programming. (2) In its policy, OYA will identify and define each case descriptor that staff may use for this purpose. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125 History: OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 21-2005, f. & cert. ef. 9-19-05 OYA 15-2002, f. & cert. ef. 10-11-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-430-0020 Application of Descriptors (1) Staff will recommend the application of a descriptor in a written report designed for that purpose, and include information that meets the descriptor criteria, as detailed in OYA policy. This information may be derived from a variety of sources, including but not limited to: the youth in custody case file, youth in custody self-reports, or information provided by other agencies. (2) A recommendation cannot be approved unless there is clear and convincing evidence that the descriptor should be applied. (3) Staff will notify the youth in custody when a descriptor is attached to the case file. The date and manner by which the notification was provided will be noted in the youth in custody case file. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125 History: OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 21-2005, f. & cert. ef. 9-19-05 OYA 15-2002, f. & cert. ef. 10-11-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-430-0025 Review of Descriptors (1) The descriptor will be reviewed whenever a youth in custody transfers to a different placement setting or when new information is received that causes OYA to consider applying or removing it. (2) Discussion of the descriptor will be included in the usual case planning or review process. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125 History: OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 21-2005, f. & cert. ef. 9-19-05 OYA 15-2002, f. & cert. ef. 10-11-02
416-430-0030 Removal of Descriptors (1) In the event a descriptor is improperly applied or when information is received that indicates the descriptor is not needed, a written request will be made to remove it. This request will state the reason the descriptor does not apply to the case. (2) OYA will notify the youth in custody when a descriptor is removed. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125 History: OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 21-2005, f. & cert. ef. 9-19-05 OYA 15-2002, f. & cert. ef. 10-11-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-430-0050 Grievance Youth in custody will be notified in writing of their right to appeal decisions of OYA, including application of a sensitive case descriptor. Such notification will include a description of the grievance process and applicable time lines, in accordance with OAR 416-020 Youth in Custody Grievance Process. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420.011, 420A.010 & 420A.125 History: OYA 4-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 21-2005, f. & cert. ef. 9-19-05 OYA 1-2003, f. & cert. ef. 1-16-03 OYA 15-2002, f. & cert. ef. 10-11-02
416-435-0010 Purpose (1) OYA staff must strive to treat all youth in custody (YICs) respectfully and without harassment and discrimination with consideration of each YIC’s individual circumstances, including race, ethnicity, religious beliefs, national origin, sex, physical or mental disabilities, sexual orientation, gender identity, gender expression, or intersex status. OYA seeks to provide an inclusive, safe, and positive human development environment for all YICs in its custody. (2) The purpose of these rules is to establish OYA standards for the identification, assessment, review, and case-by-case management of transgender, gender diverse, gender fluid, and intersex YICs. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015 History: OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022 OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017
416-435-0020 Definitions (1) Discrimination: Any act, policy or practice that penalizes or disadvantages YICs or subjects them to harassment based on actual or perceived race, ethnicity, religious belief, national origin, sex, physical or mental disability, sexual orientation, gender identity, gender expression, or intersex status. (2) Exigent circumstances: Any set of temporary or unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility, community program, or the community. (3) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women. (4) Gender diverse: A person’s physical appearance and characteristics or behaviors that are different than those stereotypically associated with the person’s assigned sex at birth or traditional societal gender expectations. (5) Gender expression: The manner in which a person expresses gender through clothing, appearance, behavior, speech, etc. Gender expression is distinct from sexual orientation and gender identity. (6) Gender fluid: An adjective used to describe a person whose gender identity is not fixed; of or relating to a person having or expressing a fluid or unfixed gender identity. (7) Gender identity: Refers to a person’s internal, deeply felt sense of being male, female, or non-binary; distinct from sexual orientation. (8) Intersex: A person whose sexual or reproductive anatomy, chromosomal pattern, or hormonal presentation does not seem to fit typical definitions of male or female. (9) OYA Sexual Orientation, Gender Identity and Expression Committee (SOGIEC): A multidisciplinary group that reviews and determines appropriate community placement, housing assignment, care, and management of YICs who identify as transgender, gender diverse, gender fluid or intersex. The committee includes at least one person with knowledge of gender issues facing transgender and intersex YICs. (10) Transgender: A person whose gender identity is different from the person’s assigned sex at birth. (11) Youth correction facility: A facility used for the confinement of YICs and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities. (12) Youth in custody (YIC): A person in the legal and physical custody of OYA either in a youth correction facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015 History: OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022 OYA 11-2018, minor correction filed 07/03/2018, effective 07/03/2018 OYA 8-2018, minor correction filed 06/19/2018, effective 06/19/2018 OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017
416-435-0030 Identification (1) Designated staff must provide the opportunity for YICs to identify their sexual orientation, gender identity, and intersex status upon their commitment to OYA, and during their intake process into youth correction facilities. (2) Designated staff must interview a YIC regarding the YIC’s gender identity, sexual orientation, or intersex status only to the degree necessary to make appropriate informed decisions on community placements, housing assignments, programming assignments; to provide health care and health assessments; and as necessary for the YIC’s health and safety, or for the safe, secure, and orderly operation of a youth correction facility. (3) If a YIC discloses to staff that they are transgender, intersex, gender diverse, gender fluid, or not heterosexual, staff must ask the YIC to what extent the YIC wants to share the information and with whom. (a) Staff must inform the YIC that in order to provide needed accommodations or services, the YIC’s gender identity, sexual orientation, or intersex status may be shared with other staff or service providers as needed. (b) If a transgender, gender diverse, gender fluid, or intersex YIC requests a mental health or physical health resource due to their gender identity needs, staff must inform the YIC that the request must be made in writing by completing a specified OYA form. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015 History: OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022 OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017
416-435-0040 Placement and Housing Assignments (1) The SOGIEC will collect and review relevant information regarding transgender, gender diverse, or intersex YICs and make decisions on a case-by-case basis regarding appropriate placement, care, and management of the YICs. (2) After a YIC is placed in a youth correction facility, designated youth correction facility staff will determine and assign a transgender, gender diverse, gender fluid, or intersex YIC to appropriate housing within the facility unless the YIC’s housing assignment within the facility is specifically directed by the SOGIEC. (a) Staff may not require a YIC to sleep in individual quarters or to be placed in specific housing based solely on their sexual orientation, gender identity, or intersex status. (b) Staff may allow a YIC who reports feeling safer sleeping in an individual room to do so when a room is available for such purpose. If an individual sleeping room is not available, staff must discuss alternative safety planning with the YIC. (3) A YIC who identifies as transgender, gender diverse, gender fluid, or intersex may not be transferred to another youth correction facility without SOGIEC approval, except during exigent circumstances. SOGIEC approval is required for the YIC’s continued placement as soon as possible after the exigent transfer. (4) YICs who identify as transgender, gender diverse, gender fluid, or intersex may request review of their placements by the SOGIEC at any time. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015 History: OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022 OYA 9-2018, minor correction filed 06/19/2018, effective 06/19/2018 OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017