justicedao/ipfs_state_laws huggingface dataset:
291-048-0220 Selection and Training of Staff for Mental Health Special Housing (1) Selection Criteria: For positions that are solely assigned to mental health special housing: (a) Custody staff must have successfully completed trial service; (b) All staff requesting to work in mental health special housing will be reviewed and must receive a satisfactory appraisal by a committee designated the functional unit manager before assignment to the unit. At a minimum, the staff member must meet the following criteria: (A) Have expressed a constructive interest in working with inmates in mental health special housing; (B) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and (C) Have demonstrated the ability to use good judgment. (2) Mental health special housing positions will be made by the functional unit manager and will be reviewed as needed. (3) Mental Health Special Housing Position Rotations: Rotation of staff may occur as it is found to be in the best interest or well being of the employee, or the operation of the unit, upon determination by a committee designated the functional unit manager. (4) Training of Assigned Personnel: All employees assigned to work in a mental health special housing unit are required to annually complete a minimum number of 12 training hours specific to mental health special housing, in addition to any other department training requirements. 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: Renumbered from 291-048-0115 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11 DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11, Renumbered from 291-048-0115 DOC 10-1999, f. & cert. ef. 7-6-99 DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99 CD 3-1996, f. 4-26-96, cert. ef. 5-1-96 CD 37-1987(Temp), f. & cert. ef. 9-24-87 CD 19-1987, f. & cert. ef. 3-5-87 CD 27-1985, f. & cert. ef. 8-16-85 CD 4-1985 f. & cert. ef. 5-16-85 CD 15-1984, f. & cert. ef. 7-20-84
291-048-0230 Recommendation and Referral Process to a Mental Health Special Housing Unit (1) An inmate that, in the judgment of the department, meets one or more of the following conditions because of a mental illness should be considered for assignment to mental health special housing: (a) A danger to others; (b) A danger to self (including all inmates who are acutely suicidal); (c) Unable to care for his/her basic needs; (d) In an acute phase of mental or emotional disorder; or (e) Needs a diagnostic evaluation or medication adjustment. (2) If any staff member thinks an inmate is in need of mental health treatment in mental health special housing, the concerned staff member may submit a recommendation for a mental health evaluation. (3) A mental health specialist shall complete an evaluation of the inmate within five calendar days. (4) If the mental health specialist recommends placement, he/she will make the appropriate referral. (5) Upon completion of the evaluation, the inmate will be assigned to a mental health special housing unit or be returned to his/her former status if assignment to mental health special housing is not needed. 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 6-2011, f. 3-31-11, cert. ef. 4-1-11 DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
291-048-0240 Mental Health Special Housing Assignment (1) An inmate will be assigned to a mental health special housing unit based on the least restrictive environment that satisfies the needed level of care. (2) Mental health special housing includes Mental Housing Infirmary, Intermediate Care Housing, and the Behavioral Health Unit. The assignment process varies dependent on the specific unit. (a) Assignment to a Mental Health Infirmary will be made in accordance with OAR 291-048-0250 to 0260. (b) Assignment to Intermediate Care Housing will be made in accordance with OAR 291-048-0270 (c) Assignment to a Behavioral Health Unit will be made in accordance with OAR 291-048-0280 (3) Once an inmate has been assigned to a mental health special housing unit, the inmate may be assigned to other mental health special housing units for treatment as deemed necessary or advisable by the mental health treatment team. However, an inmate may only be assigned to a Mental Health Infirmary by order of the treating practitioner. 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 6-2011, f. 3-31-11, cert. ef. 4-1-11 DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
291-048-0250 Voluntary Assignment to a Mental Health Infirmary (1) An inmate may be voluntarily placed in a Mental Health Infirmary when: (a) There is a referral from an institution mental health specialist, nurse, or outside mental health contractor; and (b) The mental health treatment team finds that the inmate is in need of mental health treatment; and (c) There is reasonable likelihood that treatment can be accomplished in a Mental Health Infirmary; and (d) The inmate consents to admission in writing. (2) The treating practitioner shall make the final decision whether an inmate is admitted to a Mental Health Infirmary for treatment. 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: Renumbered from 291-048-0130 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11 Renumbered from 291-048-0130 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11 DOC 10-1999, f. & cert. ef. 7-6-99 DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0015 CD 3-1996, f. 4-26-96, cert. ef. 5-1-96 CD 19-1987, f. & ef. 3-5-87 CD 4-1985, f. & ef. 5-16-85 Reverted to CD 15-1984, f. & ef. 7-20-84 CD 20-1984(Temp), f. & ef. 11-6-84 CD 15-1984, f. & ef. 7-20-84 CD 5-1981, f. & ef. 4-3-81
291-048-0300 Administrative Review (1) The Behavior Health Administrator or designee shall review the results of any hearing held to involuntarily place an inmate in mental health special housing. (2) The Behavior Health Administrator or designee shall review the Findings of Fact, Conclusion, and Recommendation of the hearings officer to determine whether: (a) There was substantial compliance with the procedural requirements of these rules; (b) The recommended decision was based on substantial information; and (c) The recommended decision was proportionate to the information and consistent with the provisions of the rule. (3) Within five days of the receipt of the hearings officer's report, the Behavior Health Administrator or designee shall enter an order to: (a) Affirm the hearings officer’s recommended decision; (b) Modify the hearings officer’s recommended decision; or (c) Reverse the hearings officer’s recommended decision. (4) If the Behavior Health Administrator or designee modifies or reverses the hearings officer’s recommended decision, the Behavior Health Administrator or designee must state the reason(s) in writing and promptly notify the inmate, hearings officer, mental health treatment team and functional unit managers of the action and reason. (5) A copy of the order shall be returned to the hearings officer and the inmate. 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: Renumbered from 291-048-0160 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11 Renumbered from 291-048-0160 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11 DOC 10-1999, f. & cert. ef. 7-6-99 DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0030 CD 3-1996, f. 4-26-96, cert. ef. 5-1-96 CD 4-1988, f. & cert. ef. 3-21-88 CD 15-1984, f. & ef. 7-20-84 CD 5-1981, f. & ef. 4-3-81
291-048-0320 Release From Mental Health Special Housing (1) Upon inmate petition, an inmate assigned to mental health special housing on a voluntary basis will be reassigned to a less restrictive environment within five working days, unless the mental health treatment team determines continued treatment at the current level of care is necessary. In such instances, the mental health treatment team shall follow the procedures for involuntary assignment outlined in OAR 291-048-0290. (2) An inmate assigned involuntarily to mental health special housing will remain so assigned for only the shortest length of time necessary to achieve the purpose(s) for which the assignment was prescribed. The assignment shall not exceed 180 days unless the assignment is renewed in a subsequent administrative hearing as outlined in OAR 291-048-0290. (3) When an inmate is released from mental health special housing, the mental health treatment team, in collaboration with the Office of Population Management, will determine the appropriate housing assignment; e.g., general population, Intensive Management Unit, disciplinary segregation, administrative housing, etc. 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 6-2011, f. 3-31-11, cert. ef. 4-1-11 DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11
291-048-0330 Administrative Hold Assignments (1) The functional unit manager(s) may temporarily assign an inmate to mental health special housing for other than mental health reasons on administrative hold status if he/she determines that the inmate's assignment is necessary or advisable to protect the safety, security, health, good order and discipline of the facility, its staff, visitors or other inmates, or to further other legitimate correctional objectives. (2) Assignment to mental health special housing on administrative hold status shall not be an admission to the unit. An inmate assigned to mental health special housing on administrative hold status will be subject to all operational policies and procedures while assigned to the unit. (3) An inmate may be involuntarily assigned to mental health special housing for a period in excess of 30 days in accordance with the notice and hearings process set forth in the department's rule on Administrative Housing (OAR 291-046). 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: Renumbered from 291-048-0190 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11 Renumbered from 291-048-0190 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11 DOC 10-1999, f. & cert. ef. 7-6-99 DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99
291-052-0100 Authority, Purpose and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to: (a) Provide procedures for the administrative transfer of certain adults in custody (AICs) or youths in custody (YICs) under the age of 20 from DOC to the Oregon Youth Authority (OYA); and (b) Provide procedures for requesting a court hearing under the provisions of ORS 420A.203 Eligibility for second look , establishing a release plan , and providing follow-up reports to the court. (3) Policy: It is the policy of DOC that , when authorized under and consistent with applicable state law: (a) An individual under the age of 18 at the time of committing an offense and under 20 years of age at the time of sentencing to a term of incarceration in DOC may be housed at a youth correction facility as follows: (A) If the individual is under 18 years of age at the time of transfer, the individual shall be delivered directly to a youth correction facility by the county; and (B) If the individual is 18 or 19 years of age and is taken to Coffee Creek Intake Center, the individual shall be transferred to a youth correction facility as soon as possible. (b) No person 18 years of age or older at the time of committing the offense shall be transferred to a youth correction facility ; and (c) No person under 18 years of age will be housed in a DOC facility. (4) DOC and OYA concur these transfers best serve the AIC’s and YIC’s reformation plans; and AICs and YICs may be transferred by OYA to DOC when appropriate, in accordance with ORS 420.011, Subsections 2 and 3, and ORS 137.124. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & ORS 420A.130 Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030, 423.075 & ORS 420A.130 History: DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018 DOC 14-2015, f. & cert. ef. 10-20-15
291-052-0110 Definitions (1) Adult in Custody (AIC): Any person under the supervision of DOC who is not on parole, post-prison supervision, or probation. (2) Adjudicated Youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 416C.005 for an act committed when the person was under 18 years of age. (3 ) Conditional Release: A period of community supervision authorized under ORS 420A.206 if approved by the sentencing court following a second look hearing per ORS 420A.203. The period of supervision is the entire remainder of the sentence of imprisonment imposed, less any reduction in sentence under ORS 421.121 or any other statute, unless the conditional release is revoked or suspended. An AIC or YIC who is released on second look conditional release remains in DOC legal custody , as opposed to physical custody , until the expiration of the AIC’s or YIC’s incarceration term. (4) Re-entry Support and Services: Include s, but not limited to , aid for housing and employment, vocational assistance, transportation services, treatment and access to physical or mental health care services, medications, mentoring and specialized supervision strategies. (5 ) Second Look: For crimes committed on or after June 30, 1995, AICs and YICs under 18 years of age at the time of committing an offense and sentenced to DOC for a term of imprisonment of at least 24 months may be eligible for conditional release following completion of half of the imposed DOC sentence and approval by the sentencing court. (6 ) Youth Correction Facility: Any facility used for the confinement of persons committed to the physical custody of OYA . (7) Youth in Custody (YIC): Any person under 18 years of age under the supervision of DOC who is not on parole, post-prison supervision, or probation. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075 History: DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018 DOC 14-2015, f. & cert. ef. 10-20-15
291-052-0120 Transfer to Oregon Youth Authority of Qualifying AICs and YICs (1) An AIC or YIC shall be considered qualified for transfer to a youth correction facility if the AIC or YIC meets the applicable criteria provided in ORS 137.124 and ORS 420.011. (2) DOC must notify OYA when a qualified AIC or YIC is taken to Coffee Creek Intake Center and arrange through the DOC Office of Population Management to transfer the AIC or YIC to the appropriate youth correction facility. (3) DOC staff will coordinate with OYA to complete any intake procedures not completed prior to transfer to a youth correction facility. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075 History: DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 14-2015, f. & cert. ef. 10-20-15
291-052-0130 AICs and YICs Delivered Directly to the Oregon Youth Authority (1) The same day an AIC or YIC arrives at a youth correction facility, OYA staff must forward copies of the AIC’s or YIC’s judgments, statements of imprisonment, detainers, county misconduct documents, fingerprints, photograph, and any other information received to DOC. (2) DOC must verify the AIC or YIC meets the qualifying criteria to be placed in a youth correction facility as outlined in OAR 291-052-0100(3). (3) Designated DOC staff must coordinate with designated OYA staff to complete the AIC’s or YIC’s DOC intake process. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075 History: DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 14-2015, f. & cert. ef. 10-20-15
291-052-0140 Return of an AIC or YIC to the Department of Corrections (1) To return an AIC or YIC to DOC, the OYA Director or designee shall contact the DOC Office of Population Management to request the transfer. The Office of Population Management shall arrange the AIC’s or YIC’s transport to DOC. (2) An AIC or YIC cannot remain in the physical custody of the OYA after the AIC or YIC is 25 years of age. Before the AIC’s or YIC’s 25th birthday, the Office of Population Management shall coordinate with the DOC Transport Unit to arrange for the transfer of the AIC or YIC to DOC. (3) An AIC or YIC cannot be transferred to DOC until they have reached 18 years of age. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075 History: DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018 DOC 14-2015, f. & cert. ef. 10-20-15
291-052-0160 Release Planning (1) Not more than 180 days and not less than 150 days before the AIC’s or YIC’s earliest release date, or at the request of DOC, OYA will send the AIC’s or YIC’s proposed transition worksheet to the DOC release counselor to assist in the development of a DOC release plan. (2) The DOC release counselor will work with the AIC or YIC , OYA, county community corrections, and the Board of Parole and Post-Prison Supervision on a DOC release plan. A release plan must include the following: (a) Proposed residence plan with occupant’s contact information and relationship to the AIC or YIC if a private residence. If the AIC or YIC is in need of housing, a release plan will include that information; (b) Any notable issues regarding criminal history, risks and needs, residence plan, necessary police reports, financial obligations including restitution, and supporting documentation for recommended conditions of supervision; (c) Recommended special conditions of supervision based on the individual risks and needs of the AIC or YIC , including any conditions reasonably necessary to further the reform and rehabilitation of the AIC or YIC and to ensure compliance with the other conditions imposed; and (d) Reporting instructions to the county of residence on the day of release. (3) Approximately 120 days before the AIC’s or YIC’s earliest release date, a release plan will be forwarded to the appropriate county community corrections agency in the county of residence, as determined by the DOC release counselor. The Board of Parole and Post-Prison Supervision has final authority over county of residence. Any release plan shall be investigated by the county and returned to the DOC release counselor within approximately 45 days. (4) The DOC release counselor will submit a proposed release plan to the Board of Parole and Post-Prison Supervision for their review and approval no less than 60 days prior to the AIC’s or YIC’s earliest release date. (5) If a proposed release plan is not approved by the Board of Parole and Post-Prison Supervision, they will return it to the release counselor with the recommended modifications. (6) The release counselor shall modify the plan and re-submit a revised version prior to the AIC’s or YIC’s release, and prior to the Board of Parole and Post-Prison Supervision issuing the o rder of supervision conditions. (7) The DOC release counselor will work with the OYA facility staff to facilitate the signing of the conditions of supervision, reporting instructions, and any other documents determined to be necessary by DOC. (8) The DOC release counselor will work with the OYA facility staff to have the AIC or YIC transferred to an OYA facility closest to the county of release and to determine transportation to the county of release on the day of release. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030 & 423.075 History: DOC 12-2023, amend filed 05/24/2023, effective 05/24/2023 DOC 13-2018, amend filed 06/07/2018, effective 06/07/2018 DOC 14-2015, f. & cert. ef. 10-20-15
291-055-0005 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to: (a) Establish Department of Corrections policy and procedures for the assignment of custody Level 5 inmates to special security housing and programs in a designated Intensive Management Unit (IMU) or IMU status cells separate from general population housing in Department of Corrections facilities to provide the maximum level of inmate security, control, and supervision; and (b) Establish standards for the operation and management of IMU and IMU status cells. (3) Policy: It is the policy of the Department of Corrections to: (a) Assign custody Level 5 inmates, or inmates who are under investigation for or who have been charged with the in-custody murder or assault of another inmate or staff, to special security housing and programs in a designated IMU or IMU status cells separate from general population housing in Department of Corrections facilities to provide the maximum level of inmate security, control, and supervision as provided in these rules. (b) Conduct meaningful periodic reviews of an inmate’s status and continued assignment to an IMU or IMU status cell as provided in these rules. (c) Temporarily reassign inmates assigned to an IMU or IMU status cell to other treatment, program or service units (i.e., infirmary, Administrative Housing, Disciplinary Segregation, mental health special housing) for treatment or programming as deemed necessary or advisable by the department. (d) Ensure inmates assigned to an IMU or IMU status cells have an opportunity for administrative review of their custody Level 5 classification and assignment to IMU as provided in the department's rule on Classification (Inmate), OAR 291-104. 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 14-2002, f. & cert. ef. 11-8-02 DOC 10-2002(Temp), f. & cert, ef, 7-10-02 thru 1-6-03 DOC 20-2000, f. & cert. ef. 8-18-00 DOC 7-2000(Temp), f. 2-24-00, cert. ef. 2-24-00 thru 8-22-00 CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 CD 13-1991, f. & cert. ef. 6-7-91