291-062-0150 Removal or Suspension From an Alternative Incarceration Program (1) The functional unit manager or designee may remove or suspend an AIC from any portion of an alternative incarceration program and may reassign the AIC to another Department of Corrections facility to serve the balance of the AIC’s court-imposed incarceration term, for administrative or disciplinary reasons. The decision to remove or suspend an AIC from the program will be made in consultation with a committee appointed by the functional unit manager or designee that is responsible to review the performance of AICs participating in an alternative incarceration program. (2) Administrative Removal or Suspension: (a) The functional unit manager or designee may immediately remove or suspend an AIC from the program and reassign the AIC to another Department of Corrections facility without a hearing, for administrative reasons. (b) An AIC who is not available to participate substantially in the program (e.g., physical and mental illness, court appearance(s), disciplinary segregation, etc.) for up to 30 days following placement will be suspended from participation and will be evaluated by the committee to determine whether the AIC will be removed from the program or accepted back into the program at the program level deemed appropriate by the functional unit manager or designee. (c) Any change in status that would cause an AIC to be ineligible to continue participating in the program as described in OAR 291-062-0130 (e.g., discovery of a detainer), may result in a suspension. (A) If suspended, the AIC will have 30 days to resolve eligibility status with the department. If the AIC’s eligibility status remains unresolved, the AIC will be removed from the program. (B) An extension may be made by the functional unit manager or designee on a case-by-case basis. (d) If other charges will result in immediate incarceration upon release to nonprison leave, the AIC will have 30 days to resolve eligibility status with the department. If the AIC’s eligibility status remains unresolved, the AIC will be removed from the program. An extension may be made by the functional unit manager or designee on a case-by-case basis. (e) AICs are expected to participate in all aspects of their program assignment at a level consistent with the length of time they have been assigned to the program. (A) The functional unit manager or designee may suspend an AIC from the program for 30 days or more when, in consultation with the program performance review committee, the functional unit manager or designee determines that the AIC is not making adequate program progress. During the suspension, the AIC will be given an opportunity to come into compliance with established program standards. (B) If the AIC comes into compliance, the AIC will be placed at a program level deemed appropriate by the functional unit manager or designee. The AIC may be removed from the program for failure to meet program expectations. If the AIC is assigned to an intensive alternative incarceration addictions program, the AIC may have the length of the program extended beyond 270 days. (f) If the department suspends or removes an AIC from the program for administrative reasons while the AIC is on nonprison leave status the AIC may request a hearing regarding the department’s decision to rescind approval for administrative reasons. If the AIC requests a hearing, the department will provide a hearing using applicable rules in the Department’s rules for Leave Revocation Hearings (OAR 291-066) for evidence and making preliminary findings of fact, to the extent that those rules are not inconsistent with these rules (OAR 291-062). After the hearings officer has provided a final report described in OAR 291-066-0310, the department will make a final determination as to whether to revoke leave as provided in these rules (OAR 291-062). (3) Disciplinary Removal or Suspension: (a) An AIC who, after a hearing in accordance with procedures provided in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), is found to have committed a major disciplinary rule violation, may be removed from the program and transferred to another Department of Corrections facility at the discretion of the functional unit manager or designee. (b) An AIC who, after a hearing in accordance with procedures provided in the department's rules on Leave Revocation Hearings (OAR 291-066), is found to have violated a condition of nonprison leave, and is returned to a Department of Corrections institution pursuant to OAR 291-062-0165 or OAR 291-066, may be removed from the program and transferred to another Department of Corrections facility at the discretion of the functional unit manager or designee. (4) Voluntary Removal: An AIC may elect to be removed from an alternative incarceration program; however, to do so the AIC must sign a document requesting removal from the program to the functional unit manager or designee. Voluntary removal from the program constitutes a program failure. (5) An AIC who fails an alternative incarceration program will be ineligible to participate in any other non-AIP intensive treatment program during the same admission cycle (this does not include dual diagnosis programs). (6) Administrative Review of Removal for Program Failure: (a) When the functional unit manager or designee removes an AIC from the AIC’s program assignment for a program failure, the AIC will be notified in writing of the reason for the removal decision and given the opportunity for administrative review of the decision. (b) To obtain an administrative review of the removal decision, an AIC must send a request for administrative review in writing to the Assistant Director of Health Services or designee, together with any supporting documentation. The Assistant Director of Health Services or designee must receive the request within 15 business days of the date of the notice of the administrative removal. (c) The review should be completed within 15 business days after receiving an AIC’s review request. The Assistant Director of Health Services or designee’s decision on an administrative review shall be final. Statutory/Other Authority: ORS 423.075, ORS 179.040, 421.500 to 421.512, 423.020 & 423.030 Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075 History: DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021 DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021 DOC 6-2017, f. & cert. ef. 5-17-17 DOC 12-2009, f. & cert. ef. 7-13-09 DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09 DOC 7-2007, f. & cert. ef. 10-9-07 DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05 DOC 5-2004, f. & cert. ef. 7-12-04 DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04