justicedao/ipfs_state_laws huggingface dataset:
291-149-0110 Definitions (1) Designated Outside Agency: A custody agency, other than the Oregon Department of Corrections, that houses inmates who are still under the legal supervision of the Oregon Department of Corrections, including an Oregon county. (2) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status. (3) Program Staff: Any Department of Corrections, Oregon Corrections Enterprises, or County employee, contractor (and contractor's employees/staff), or volunteer who works with inmates in a Department approved program which includes work release. (4) Work Release Approval Authority: A Department of Corrections employee designated by the Director to approve and assign inmates to work release programs. (5) Work Release Program: A program in which an inmate may be released from confinement in a Department of Corrections facility or authorized to leave other assigned quarters for the purpose of: (a) Participating in an inmate work program approved by the Director of the Department of Corrections, including work with public or private agencies or persons, with or without compensation, (b) Obtaining additional education, including but not limited to vocational, technical and general education; (c) Participating in alcohol or drug treatment programs; (d) Participating in mental health programs; or (e) Specific treatment to develop independent living skills. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0120 Work Release Program Approval (1) The Assistant Director of Correctional Services or designee will recommend for approval to the Director those Department programs which shall be designated to include work release as a program component. (2) In making the recommendation, the Assistant Director of Correctional Services will review work release proposals. Each proposal shall contain: (a) The purpose and goals of the program which are consistent with inmate participation in work release assignments; (b) The specific activities permitted under this rule which will be part of that program's work release component; (c) An outline of the general program requirements and time frame prerequisite to an inmate being considered for specific work release activities; (d) A plan for sufficient program staff resources to supervise specific work release program activities; (e) A description of training for program staff, appropriate to manage inmates assigned to work release; (f) A description of resources sufficient to maintain a work release program consistent with the Department's mission; and (g) A plan for communication with local law enforcement and community corrections. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 423.030, 423.075 & 1997 OL, Ch. 313, 851, 852, ORS 144.260, 144.410-525, 179.040, 421.440 & 423.020 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0130 Inmate Eligibility (1) The Department will identify inmates who are eligible to be considered for participation in a work release program. To be eligible to participate in a program an inmate must: (a) Be serving a sentence that does not disqualify the inmate from participation in a work release program; (b) Be classified as minimum custody under the Department's rules on Classification (Inmate), OAR 291-104; and (c) Meet criteria for ‘Unfenced’ work assignment pursuant to the Assessment, Assignment, and Supervision of Inmates for Work Assignments and Unfenced Minimum Housing (WHALE) rules, OAR 291-082-0110(4). (2) If the work release program is for the purpose of participating in an inmate work program, the inmate must be within 18 months of their release date. (3) If the work release program is for the purposes of alcohol and drug treatment; education, including but not limited to vocational, technical and general education; mental health programs; or specific treatment to develop independent living skills, the time period prior to the inmate’s release date may vary and will be determined at the time approval is granted for participation in a specific work release program. (4) If otherwise eligible, an inmate serving a sentence for a crime committed on or after December 5, 1996, may be considered for participation in a work release program only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750. (5) An inmate will not be considered for participation in a work release program if the inmate: (a) Is serving a sentence pursuant to: (A) ORS 137.635; (B) ORS 137.700 or ORS 137.707 (Ballot Measure 11) (until the minimum term has been served); (C) ORS 161.610 (Gun Minimum); (D) ORS 163.105 (Aggravated Murder); (E) ORS 163.115 (Murder) (until minimum term has been served); or (F) ORS 161.725 – ORS 161.737 (Dangerous Offender), even if the Board of Parole and Post-Prison Supervision has set a parole or post-prison supervision release date. (b) Has a current detainer or other charge that could result in incarceration if released from confinement. (c) Has an active escape designator as defined in the Department’s rules on Classification (Inmate), OAR 291-104. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0135 Approval Process (1) The work release approval authority, in its sole discretion, may approve or deny assignment and participation of eligible inmates in a Department-approved work release program based on its determination that the inmate’s participation in a program is consistent with the safety of the community, the welfare of the inmate, the program objectives and the rules of the Department. (2) Inmates Meeting criteria for “Community” Work Assignments: (a) In addition to receiving approval from the work release approval authority for assignment and participation in a work release program, inmates meeting the criteria for ‘Community’ work assignment pursuant to OAR 291-082-0110(3) must also receive approval from either the Assistant Director of Correctional Services or designee, or from the Assistant Director of Operations or designee, as described below: (A) Approval of the Assistant Director of Correctional Services or designee is required for placement of an inmate in a work release program for the purposes of alcohol and drug treatment; education, including but not limited to vocational, technical and general education; mental health programs; or specific treatment to develop independent living skills. (B) Approval of the Assistant Director of Operations or designee is required for placement of an inmate in a work release program for the purpose of participating in an inmate work program. (3) The work release approval authority may specify conditions for the inmate's assignment and participation in a work release program. (4) Inmates approved for assignment and participation in a Department-approved work release program will be notified in writing of the approval, and of any conditions of participation specified by the work release approval authority. Statutory/Other Authority: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851, 852 Statutes/Other Implemented: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851, 852 History: DOC 9-2019, adopt filed 06/17/2019, effective 06/17/2019
291-149-0140 Release Notification Pursuant to ORS 144.260, the work release approval authority shall ensure that the proper authorities and persons are notified of an inmate's pending release to participate in a work release program. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0150 Inmate Status (1) Inmates participating in a Department-approved work release program shall comply with all Department of Corrections administrative rules, or designated outside agency rules and policies as applicable, and with any special conditions of participation or standards of conduct established by the work release approval authority, program staff or housing facility. (2) Inmates participating in a work release program retain their legal status as an inmate and are subject to all applicable laws and Department of Corrections administrative rules pertaining to inmates. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0160 Performance Awards Inmates participating in a Department of Corrections work release program may be considered at the discretion of the Department for monetary awards and non-monetary incentives in accordance with the Department of Corrections rules on Performance Recognition and Award System (Inmate), OAR 291-077. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0180 Escort/Transport (1) The work release approval authority may require that inmates participating in a work release program be escorted to and from specific activities by program staff. The mode of transportation must be approved in advance by the work release approval authority. (2) Except as otherwise directed by the work release approval authority or program staff, an inmate assigned to participate in a work release program may be authorized to leave his/her place of confinement without escort if: (a) The inmate has secured authorization to participate in an inmate work program in the community approved by the Department or has enrolled in an education or treatment program approved by the Department; and (b) Program staff have verified all aspects of the work release assignment, including, where applicable, the terms and conditions of assignment and participation in the work release program contained in the Department/employer written agreement. (3) An inmate authorized to participate in a department-approved work release program may be required to pay additional costs associated with that program, including but not limited to tuition, exams, clothes, tools, transportation or other costs necessary to secure and maintain placement in that work release assignment. Statutory/Other Authority: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0205 Administrative Review (1) An inmate who is terminated from a work release program may obtain review of his/her termination by requesting an administrative review in writing to: (a) The Assistant Director for Correctional Services or designee, if participating in a work release program for the purpose of education or treatment or if participating in a work release program from a designated outside agency, or (b) The Assistant Director for Operations or designee, if participating in an inmate work program as a work release program from a Department of Corrections facility. (2) The request for administrative review must contain a statement by the inmate specifying the reason(s) for reinstatement along with any supporting documentation. (3) The request for administrative review along with supporting documentation must be received by the Assistant Director within 20 business days of the date of the Notice of Work Release Removal form (CD 1700). (4) The Assistant Director will conduct the administrative review within 20 business days after receiving the request. (5) The Assistant Director or designee may, in their sole discretion, either affirm the work release approval authority’s decision, or reinstate the inmate to the work release program if there is enough time to complete the program, and may prescribe specific conditions of participation deemed appropriate to seek to ensure the inmate’s compliance with the general procedures and objectives of the work release program. If the program is conducted in a designated outside agency, reinstatement will require agreement from the designated outside agency. The Assistant Director or designee’s decision on administrative review is final. Statutory/Other Authority: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 Ol, Ch. 313, 851, 852 Statutes/Other Implemented: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 Ol, Ch. 313, 851, 852 History: DOC 9-2019, adopt filed 06/17/2019, effective 06/17/2019
291-149-0210 Security Precautions for Work Release Program Staff Program staff acting as escorts for inmates going to or returning from work release activities in the community must receive Department of Corrections or designated outside agency training on basic security and escort practices. Statutory/Other Authority: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313 Statutes/Other Implemented: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-149-0220 Written Agreements with Public and Private Agencies/Persons (1) No inmate will participate in a work release program without a written agreement between the Department of Corrections or designated outside agency and the public or private agency or person with whom the inmate has secured authorized work or programming. The agreement will set forth any terms or conditions of the inmate's assignment and participation required by the Department or designated outside agency. (2) A work release program may include inmates assigned to work under the supervision of public or private agencies or persons pursuant to a written inmate work program agreement with the Department of Corrections or designated outside agency. Statutory/Other Authority: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313 Statutes/Other Implemented: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL & Ch. 313 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98
291-153-0005 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 144.123, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: (a) The purpose of these rules is to establish policies and procedures governing access to Board of Parole and Post-Prison Supervision hearings held within Department of Corrections facilities. (b) A person’s physical access to a Department of Corrections facility is subject to the Department of Corrections rules on Facility Access (OAR 291-016), Visiting (Inmate) (OAR 291-127), and may be prohibited or restricted by the functional unit manager or designee of the facility in which the hearing is being conducted when deemed necessary or advisable to maintain the health, safety and security of staff, inmates, or the public, or to maintain the safe, secure, and orderly operation and management of the facility. Statutory/Other Authority: ORS 144.123, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2013, f. & cert. ef. 8-29-13 DOC 14-2004, f. & cert. ef. 11-2-04 DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04 CD 12-1993, f. 4-21-93, cert. ef. 5-1-93 CD 9-1990, f. & cert. ef. 5-29-90
291-153-0020 Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing (1) Inmates are permitted to have a person accompany them in hearings before the Board of Parole and Post-Prison Supervision in accordance with ORS 144.123. This rule establishes jointly with the Board of Parole and Post-Prison Supervision policies and procedures governing who may accompany an inmate before the Board. (2) When appearing before the Board of Parole and Post-Prison Supervision in a hearing, an inmate may be accompanied at the Department of Corrections facility in which the inmate is confined, subject to the prior approval of the facility functional unit manager or designee, by: (a) A person who has been approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127); (b) An assigned inmate legal assistant, selected in accordance with the Department of Corrections rule on Legal Affairs (Inmate) (OAR 291-139) from the Department of Corrections facility where the inmate is confined; or (c) The inmate’s attorney. (3)(a) In addition to those persons specified in subsection (2) of this rule, the inmate may be accompanied at the hearing via telephone or videoconference by such other person or persons, other than another inmate, as the Board of Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement. (b) The inmate may select one person to speak on his/her behalf. The statement shall not exceed 15 minutes. The presiding Board member may grant the support person additional time upon finding that further testimony is likely to be relevant to the Board’s decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence. (4) The Department of Corrections, if requested by the inmate or the Board, will assign an approved inmate legal assistant from the Department of Corrections facility where the inmate is confined to accompany an inmate at a Board hearing. The selection of the inmate legal assistant shall be governed by the policies and rules of the Department of Corrections. Statutory/Other Authority: ORS 144.123, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2013, f. & cert. ef. 8-29-13 DOC 14-2004, f. & cert. ef. 11-2-04 DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04
291-153-0025 Attendance at a Board of Parole and Post-Prison Supervision Hearing (1) A person who may attend a Board of Parole and Post-Prison Supervision hearing in person at a Department of Corrections facility is subject to the approval of the functional unit manager or designee of the facility in which the hearing is being conducted. (2) A person who attends a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility is subject to the rules of conduct and the terms and conditions set forth in the department’s rules on Facility Access (OAR 291-016) and Visiting (Inmate)(OAR 291-127). (3) Who May Attend/Appear at a Board Hearing: (a) The inmate and inmate accompaniment as specified in OAR 291-153-0020; (b) Victim or his/her representative; (c) District attorney from the committing jurisdiction or his/her representative; (d) Public: Members of the public may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings; (e) Media Representatives: Approved media representatives may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings; (f) Department of Corrections Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers, and contractors may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings except as requested or approved by the Board in order to provide testimony in the hearing; and (g) Other persons as identified by the Board. Statutory/Other Authority: ORS 144.123, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2013, f. & cert. ef. 8-29-13
291-156-0005 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, 179.510 through 179.530, 421.068, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to establish general Department of Corrections policy and procedures governing deposits to and expenditures from the Adult in Custody Welfare Fund account established pursuant to ORS 421.068. (3) Policy: It is the policy of the Department of Corrections (DOC) to deposit revenues, less operating expenses, from sources described in ORS 421.608 into an account for uses benefiting the general population of adults in custody (AIC), enhancing activities and programs including education programs, and providing for offender reentry programs and support. This dedicated account shall be known as the Adult in Custody Welfare Fund. Subject to legislative and executive department authorization through the normal budgeting and appropriation process, funds from the Adult in Custody Welfare Fund account will be allocated to DOC facilities for a variety of programs, services, and activities benefiting the general AIC population and enhancing AIC activities and programs, including capital construction and improvement projects in support of such programs, services, and activities. Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.510-179.530, 421.068, 423.020, 423.030 & 423.075 History: DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023 CD 4-1994, f. 2-17-94, cert. ef. 3-1-94 CD 19-1990, f. & cert. ef. 9-28-90
291-156-0010 Definitions (1) Adult in Custody (AIC): Any person under the supervision of the DOC who is not on parole, post-prison supervision, or probation status. (2) Adult in Custody Welfare Fund: An account established under ORS 421.068 for uses benefiting the general AIC population, enhancing activities and programs including education programs, and providing for offender reentry programs and support. (3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (4) Donated Funds: Monies received by the department for the express purpose of benefiting the general AIC population and enhancing AIC activities and programs, including education programs. Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 History: DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023 CD 4-1994, f. 2-17-94, cert. ef. 3-1-94 CD 19-1990, f. & cert. ef. 9-28-90