justicedao/ipfs_state_laws huggingface dataset:
416-440-0005 Purpose (1) The purpose of these rules is to establish and define youth in custody (YIC) mail privileges in a manner that is consistent with the Oregon Youth Authority’s (OYA) discharge of its statutory responsibilities and its multi-faceted mission to maintain public safety, to hold YICs accountable, and to provide treatment and reformation services. (2) It is the policy of OYA that its rules and policies governing the management and operation of its facilities apply to all youth in custody confined in those facilities, including but not limited to youth in custody who have been convicted and sentenced as adults and transferred to OYA physical custody. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.025, 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105 History: OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 17-2005, f. & cert. ef. 7-29-05
416-440-0015 Definitions (1) Immediate Family Member: Legal spouse, domestic partner, parent, guardian, sibling, child, aunt, uncle, grandchildren and grandparents, including foster, in-law, and step relationships. Immediate family also includes the caregiver of the YIC’s minor child(ren). (2) Inspection: To examine or view, including reading or photocopying. (3) Prohibited mail: Any material that threatens or is detrimental to the general public, or facility/program security, safety, or order, including but not limited to: (a) Mail that contains escape plans, plans to commit a criminal act or to violate facility rules, or mail that constitutes a crime in or of itself or is used in the furtherance of illegal activity; (b) Sexually explicit material which by its nature or content poses a threat or is detrimental to the security, safety, or order of the facility or program, or facilitates criminal activity; (c) Mail sent or received on behalf of another YIC; (d) Incoming mail to a confined OYA YIC from a person confined in a correctional, penal, or detention institution, unless prior written authorization is received from the superintendent/camp director or designee; (e) Mail to or from identified victims, including through third parties, unless prior written authorization is received from the superintendent/camp director or designee; (f) Contraband items, including but not limited to weapons or explosives, medications, electronic items, negotiable instruments, money, or photographs with chemical substances on the back of the photograph; (g) Unauthorized business transactions, such as promotions given in exchange for purchase or subscription, audio or book clubs, requests or applications for credit cards, credit or deferred billing transactions; (h) Publications deemed contraband, detrimental to a YIC’s reformation, or publications sent other than directly from a publisher or commercial distributor; and (i) Attachments or enclosures that are glued, taped or otherwise affixed to the envelope, package, or its contents. (4) Youth in custody (YIC): A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. (5) YIC correspondence: Correspondence and packages designated official or personal. (a) Official correspondence is mail sent to or received from officials of the Oregon Youth Authority, any confining or community supervising authority, the Governor, the Secretary of State, any state or federal legislator, administrators of grievance systems, foreign embassy consulates, attorneys, courts, court officials, or any agency that provides legal services to a YIC, including legal aid offices. (b) Personal correspondence is all other mail. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.025, 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105 History: OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 3-2009, f. 7-21-09, cert. ef. 7-27-09 OYA 17-2005, f. & cert. ef. 7-29-05
416-440-0020 Youth in Custody Mail (1) OYA realizes it is important for YICs in its custody to maintain ties with the community through written correspondence with community members, family, and friends. Within the administration of its facilities and programs, OYA seeks to balance the positive effects of community contact with the responsibilities and values of the agency's mission. (2) All incoming and outgoing mail is subject to inspection. (3) A YIC's right to send and receive mail will be protected unless the correspondence threatens the preservation of order, security, or discipline of a facility/program; poses a threat to the safety of the program, public officials, or the general public; is being used to further illegal activities; or at the court's direction. (4) YIC correspondence is designated official or personal. (5) OYA will provide the equivalent of three stamps per week for YICs who have no financial resources to maintain ties to the community, including letters to family, friends, or other persons who are involved in the YIC's life. Otherwise, no limits will be placed on the amount of business or personal correspondence a YIC sends or receives. (6) Personal mail may be inspected for contraband. Official mail will remain sealed but may be opened and inspected for contraband in the presence of the YIC. Contraband items will be removed and documented. Appropriate contents will be delivered to the YIC or recipient. (7) All mail will: (a) Be placed in an envelope or appropriate packaging acceptable by the official mail carrier; (b) Include a sending and return address on the envelope or package; (c) Contain appropriate postage; (d) Be sent via the U.S. Postal Service or other official mail carriers, such as Federal Express, United Parcel Service, or the state shuttle. (A) Official correspondence may be sent using U.S. postage and official carrier, or without postage using the facility's internal delivery system or state shuttle mail system, depending upon the intended recipient. (B) Personal correspondence must be sent via the U.S. Postal Service or other official mail carrier. It is not appropriate to use the state shuttle mail system to send personal correspondence. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105 History: OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 3-2009, f. 7-21-09, cert. ef. 7-27-09 OYA 17-2005, f. & cert. ef. 7-29-05 OYA 11-2002, f. & cert. ef. 5-17-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-440-0035 Prohibited Mail (1) If mail is prohibited, it may be rejected by OYA staff. (a) For YICs placed in OYA facilities, only the superintendent/camp director, or specific designee, may reject a YIC’s mail. (b) For YICs placed under supervision in the community, only the local supervisor, or specific designee, may reject a YIC’s mail. (2) A confined OYA YIC may be permitted to correspond with a person confined in another correctional, penal, or detention institution if the YIC and person are immediate family members or their correspondence is deemed to have an integral role in the YIC’s reformation. (a) Confined person mail must be inspected by designated staff; (b) The superintendent/camp director or designee must approve of the confined person correspondence prior to its occurrence. When one of the confined persons is not in OYA custody, the equivalent of the superintendent/warden of that institution must also approve of the confined person’s correspondence. (3) Both the sender and intended recipient will be notified when mail is rejected. The sender and intended recipient will be informed of a mail rejection appeal process. (4) When a YIC transfers and an address is available, all letters and packages will be promptly forwarded, unopened to the YIC. If no address is available, the mail will be marked “Not at this address” and returned, unopened, to the U.S. Postal Service or other official mail carrier. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C.478, 420A.015, 420.011, 420.014, 420A.025 & 420A.105 History: OYA 5-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 3-2009, f. 7-21-09, cert. ef. 7-27-09 OYA 17-2005, f. & cert. ef. 7-29-05
416-450-0000 Purpose OYA will use volunteer services to enhance programs and expand services in its close-custody facilities, substitute care placements, and offices, as defined by these rules. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 4-2012, f. & cert. ef. 4-3-12 OYA 9-2004, f. & cert. ef. 7-30-04 OYA 13-2002, f. & cert. ef. 8-26-02 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0010 Definitions (1) Close-custody facility: Any OYA facility, including but not limited to youth correctional facilities, work/study camps, and transition camps. (2) Mentor program agency: Agency responsible for the recruitment, supervision, and training of its volunteer mentors. (3) Office: Any parole/probation office (field office) or administrative office operated by OYA. (4) OYA Volunteer Coordinator: An OYA staff member assigned to coordinate the agency's volunteer services program. (5) Site Volunteer Coordinator: A person assigned to coordinate volunteer services for a specific OYA office or close-custody facility. (6) Substitute care: Out-of-home residential placement in the community that provides 24-hour-a-day care and treatment, excluding a relative's home. Such placements include, but are not limited to, foster care and contracted residential treatment programs. (7) Volunteers: Persons who on an unpaid basis provide services to OYA, including: (a) Mentors: Mature, trustworthy and experienced persons who encourage a youth in custody’s personal growth, offer supportive friendships, act as positive role models and promote a constructive attitude and law-abiding behavior; (b) Work Readiness Coaches: Persons who teach particular skills/tasks related to employment, or provide practical work experience; (c) Students or Interns: Persons enrolled in a college- or university-sanctioned program who earn college credit for their activities; (d) Tutors: Persons who work with individual youth in custody to improve the youth in custody's academic performance; and (e) Religious Services Assistants: Persons who assist with religious programming or services. (8) Youth in custody: A person in the legal and physical custody of OYA in a youth correction facility; or 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 History: OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2012, f. & cert. ef. 4-3-12 OYA 9-2004, f. & cert. ef. 7-30-04 OYA 13-2002, f. & cert. ef. 8-26-02 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0020 Exclusions The following individuals are not considered volunteers, and are therefore excluded from these rules: (1) Individuals under contract to OYA; (2) Individuals on official business, such as an attorney for a youth in custody; (3) Individuals who provide services through an on-site school and are screened, trained, and supervised by school district personnel; and (4) Guests invited to an OYA facility on a one-time basis for a special program. Such guests are not allowed contact with youth in custody out of the sight and hearing of OYA staff. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2012, f. & cert. ef. 4-3-12 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0030 Volunteer Coordinator and Site Volunteer Coordinators (1) The OYA Volunteer Coordinator must: (a) Maintain an agencywide volunteer database of all OYA volunteers and their service status; (b) Manage an agency volunteer services communication and recruitment plan; (c) Coordinate the volunteer orientation and training program; (d) Oversee retention of all inactive volunteer records; (e) Administer a volunteer recognition program; and (f) Coordinate volunteer applicant criminal records checks. (2) Each OYA close-custody facility and office will assign a Site Volunteer Coordinator who is responsible for coordinating volunteer activities on that site. (3) The Site Volunteer Coordinator will maintain a system of recording information about volunteers including but not limited to: (a) Personal information, including references and criminal records clearance; (b) Assignment orientation documentation; and (c) Service evaluation. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 4-2012, f. & cert. ef. 4-3-12 OYA 13-2002, f. & cert. ef. 8-26-02 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0040 Application Process (1) Volunteers will be recruited from all ethnic, cultural, and socio-economic segments of the community. (2) All volunteers must be screened and approved by OYA prior to providing service. OYA holds the ultimate authority to approve or deny a volunteer application or continue volunteer service. (a) Applications received from persons working within the juvenile justice system will be reviewed by OYA for possible conflicts of interest. (b) Applications received from OYA employees will be reviewed by the OYA Human Resources Office for possible conflicts of interest. (c) Persons may not serve as volunteers in a facility in which a relative or family friend is detained, unless an exception is granted by OYA. (3) All prospective volunteers must: (a) Be age 21 or older; (A) Exceptions may be made for students age 18 or older who are required to participate in such volunteer experience to gain a college certificate or diploma or professional licensing. (B) Exceptions may be granted for applicants age 18 or older whose volunteer service duties will not allow direct contact with youth in custody out of sight or hearing of OYA staff. (b) Complete an OYA volunteer service application; (c) Provide criminal offender information in the manner prescribed by these rules and OAR chapter 416, division 800, including an annual review of the person's criminal record; (d) Complete the appropriate OYA orientation, as defined by the Volunteer Coordinator; and (e) Be reviewed annually to ensure continued compliance with approval criteria, service performance, and need for continued service. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2012, f. & cert. ef. 4-3-12 OYA 9-2004, f. & cert. ef. 7-30-04 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0050 Criminal Records Check (1) The fitness standards of OAR chapter 416, division 800 apply. (2) OYA must conduct a criminal records check of all persons seeking or granted volunteer status, as follows: (a) Computerized record reviews of volunteer applicants at the time of application. (b) Finger-print based record reviews at the time of application of applicants who may have limited-supervised or unsupervised contact with youth in custody. These applicants may provide limited volunteer services on a preliminary basis after a computerized criminal record review pending a final fitness determination according to OAR 416-800-0041. (c) All volunteers must submit to a computerized criminal records check at the time of the annual service evaluation. Volunteer status will be terminated if the results of these criminal records checks do not meet the fitness standards defined in OAR chapter 416, division 800. (3) Site Volunteer Coordinators will notify all prospective and current volunteers of these requirements. If a person refuses to consent to a criminal records check, the person will be disqualified or terminated from volunteer service. (4) Volunteers must immediately notify OYA of all criminal arrests, and unlawful uses of alcohol or drugs. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 & 420A.021 History: OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2012, f. & cert. ef. 4-3-12 OYA 9-2004, f. & cert. ef. 7-30-04 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0060 Orientation and Responsibilities (1) OYA may place restrictions on volunteer service to ensure safety and security of persons and facilities. (2) The OYA Volunteer Coordinator will ensure that an orientation is provided to each volunteer. The orientation must include, at a minimum, the following: (a) Safety and security procedures; (b) Fire safety and emergency evacuation plan; (c) Responsibilities during an emergency; (d) Name of OYA staff responsible to work with the volunteer and monitor duties, and the line of authority in the close-custody facility or office; (e) List of primary rules, policies and protocols associated with the services provided, including, at a minimum, the agency mission, confidentiality, youth in custody rights, and appropriate relationship boundaries; (f) OYA expectations of the volunteer if the volunteer becomes aware of actual, suspected, or alleged abuse of or by a youth in custody; (g) Time and place to report for duty and who to contact when unable to report for duty; and (h) Tour of relevant areas of the close-custody facility, office or community where the volunteer will serve. (3) All volunteers are responsible for following OYA rules, policies and protocols. (4) Volunteers may not perform professional services requiring certification or licensing unless active credentials or certificates are available and on file in the volunteer's record. (5) Volunteers must maintain a professional relationship with youth in custody. (6) A volunteer may be terminated at any time for violation of OYA rules, policies, or protocols, or when there is no longer a need for the volunteer's services. (7) Volunteers whose applications are denied or who are terminated as a result of performance of duty may not serve at another close-custody facility. (8) Exceptions to any of the standards listed in this rule must be approved using a process defined in OYA policy. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: 420A.010 History: OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2012, f. & cert. ef. 4-3-12 OYA 9-2004, f. & cert. ef. 7-30-04 OYA 13-2002, f. & cert. ef. 8-26-02 OYA 2-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-450-0070 Mentor Program (1) Service delivery may be coordinated by a mentor program agency and provided by volunteer mentors who interact regularly with a youth in custody in a one-to-one relationship. Mentor agencies use a case management approach, with follow through on each case from initial inquiry through closure. The mentor program case manager screens applicants, makes and supervises the matches, and closes the matches when eligibility requirements are no longer met or either party decides they can no longer participate fully in the relationship. (2) Volunteer mentor screening must include a written application, a criminal records check, and an extensive interview. (3) Youth in custody assessment must involve a written application and interviews with the youth in custody, the youth in custody's juvenile parole/probation officer (JPPO), and the substitute care provider if the youth in custody is in substitute care. (4) Matches must be carefully considered and based on the needs of the youth in custody; abilities of volunteer mentors; OYA and the substitute care provider preferences; and the capacity of program staff. (5) The JPPO, volunteer mentor, and youth in custody must initially meet to ensure the match is appropriate and clarify OYA expectations. (6) JPPO supervision must be through regular contact with the volunteer mentor, youth in custody, and substitute care provider when appropriate; monthly telephone contact with the volunteer mentor, substitute care provider, or youth in custody during the first year; and quarterly contact with all parties during the duration of the match. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: 420A.010 History: OYA 6-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2012, f. & cert. ef. 4-3-12 OYA 9-2004, f. & cert. ef. 7-30-04
416-470-0000 Policy (1) Youth in custody (YIC) responsibilities while in an Oregon Youth Authority (OYA) facility include completion of school, treatment, and work program goals; compliance with the facility behavior rules; and achievement of other program goals set in each YIC’s individual case plan. (2) OYA has a YIC behavior management system to promote responsible YIC behavior. The behavior management system must provide incentives and reinforcement for responsible behavior and consistent Accountability Options for negative behavior. (3) The rules in OAR chapter 416, division 470 apply to all OYA close-custody facilities. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 3-2018, minor correction filed 04/09/2018, effective 04/09/2018 OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-470-0010 Definitions (1) Accountability Option: An authorized response to, or sanction imposed for, a YIC’s inappropriate behavior. (2) Major Behavior Violation: YIC behavior that is prohibited and unacceptable within the facility or program and is immediately threatening to life, health, or facility safety, security or good order. (3) Minor Behavior Violation: YIC behavior that is prohibited and unacceptable within the facility or program but is not immediately threatening to life, health, or facility safety, security or good order. (4) Safety Program: An intensive, YIC-specific, time-limited intervention that modifies a YIC’s activities to focus on developing the YIC’s emotion regulation and problem-solving skills. (5) Youth in custody (YIC): A person in the legal and physical custody of OYA in a youth correction facility; or 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.105 & ORS 420A.108 History: OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 13-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 8-2016, f. & cert. ef. 10-3-16 DMAP 58-2016, f. 9-30-16, cert. ef. 10-1-16 OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96