justicedao/ipfs_state_laws huggingface dataset:
291-011-0035 Maintaining and Recording Information (1) Disciplinary segregation logs will be maintained with the following methods: (a) All entries made with ink. (b) Mistakes will be lined out and initialed by the person who made the error. (c) No spaces will be left blank between entries. (d) No pages will be skipped. (e) No sheets will be removed. (f) Sheets may be added for continued or additional information. (g) All logs will be retained in accordance with applicable records retention schedules. (h) All entries in the log must bear the staff member’s signature. (i) All logs will be reviewed monthly by the Assistant Superintendent of Security or security manager. (2) Disciplinary segregation logs will record the following minimum information: (a) All movement into, out of, or within the Disciplinary Segregation Unit and purpose of the visit. (b) All cell assignments in the Disciplinary Segregation Unit. (c) All unusual incidents that occur in the Disciplinary Segregation Unit. (d) All AIC telephone calls. (e) All cell searches. (f) All 30-minute cell checks. (g) All services and activities deprived or not provided an AIC as required by these rules. (h) Any non-compliance of a requirement of these rules, which should immediately be reported to the Assistant Superintendent of Security or security manager. (i) All exercise periods. (j) All AICs placed on close supervision or dry cell status . 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 3-2024, amend filed 04/01/2024, effective 04/01/2024 DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06 DOC 10-2001, f. & cert. ef. 3-21-01 CD 19-1991, f. & cert. ef. 8-21-91 CD 33-1987, f. & ef. 8-28-87 CD 18-1987(Temp), f. & ef. 3-5-87 CD 23-1985, f. & ef. 8-16-85 CD 33-1983, f. & ef. 10-14-83 CD 21-1978, f. & ef. 8-29-78
291-011-0050 Property (1) Any personal property, as defined in the department’s rules on Personal Property (AIC ) (OAR 291-117), not permitted in the cell of any disciplinary-segregated AIC will be properly stored in a location designated by the functional unit manager. Upon release from the Disciplinary Segregation Unit, the AIC will check their personal property and sign the property sheet. (2) The following standard items are issued to all AICs in disciplinary segregation: (a) Writing utensil (b) Appropriate clothing items; (c) Shower shoes (one pair); (d) Towel; (e) Blanket(s) (staff will determine appropriate number issued consistent with general population standards; (f) Sheets (two total); (g) Mattress; (h) Pillow; (i) Pillow case; (j) Socks (one pair); (k) Soap; (l) Toothbrush; (m) Comb; (n) Undergarments; (o) Property box; (p) Envelopes (two); (q) Writing paper; and (r) AIC communication forms (two total). (3) AICs classified as short-term status are allowed the standard issued items plus the following personal property: (a) Envelopes (20 total); (b) Library book (one); (c) Newspaper (one); (d) Magazines (three total); (f) Legal work (pending); and (g) Address book. (4) Those AICs classified as long-term status are allowed the standard issued items, personal property identified for short-term status AICs, plus the following personal property: (a) Library books (three total) (b) Disciplinary Segregation Unit approved canteen items purchased after admission to DSU; (c) Photographs (ten total); and (d) Magazines and newspapers which may be exchanged if approved by the disciplinary segregation supervisor. (5) Property for AICs in close supervision status includes the following, unless a specific deprivation order exists as authorized in OAR 291-011-0064 : (a) Clothing (shower shoes, undergarments, socks); (b) Bedding or linens (mattress, pillow, and pillowcase, two sheets, blankets, and towel); and (c) Basic hygiene items (toothbrush, comb, toilet paper, and soap). (6) An AIC on close supervision status will not be allowed to maintain personal property in their assigned cell. Pen or pencil, paper, envelopes, and mail or legal work will be issued daily if requested for a four-hour block of time. (7) Disciplinary-segregated AICs will be permitted to retain basic personal health items (such as, dentures, prescribed glasses, hearing aids). (8) Disciplinary-segregated AICs will be permitted religious items as approved by the chaplain and security manager in accordance with the department’s rules on Religious Activities (AIC) (OAR 291-143). 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 3-2024, amend filed 04/01/2024, effective 04/01/2024 DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06 DOC 10-2001, f. & cert. ef. 3-21-01 CD 19-1991, f. & cert. ef. 8-21-91 CD 33-1987, f. & ef. 8-28-87 CD 18-1987(Temp), f. & ef. 3-5-87 CD 23-1985, f. & ef. 8-16-85 CD 33-1983, f. & ef. 10-14-83 CD 21-1978, f. & ef. 8-29-78
291-011-0064 Forfeiture or Denial of Service or Activity (1) A disciplinary-segregated AIC may be required to forfeit or be temporarily denied any service or activity when the AIC is using the service or activity to destroy or damage property, obstruct security, or make threats of physical violence to others. If an AIC is using any service or activity for self-harm, that service or activity may be temporarily denied upon order of the officer-in-charge or designee. Any item(s) withheld shall be returned at the earliest possible time when the basis for removal has ceased to exist. Denial orders will be reviewed every eight hours by the officer-in-charge. (2) Services and activities may be forfeited or denied as a result of a disciplinary sanction in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (3) Forfeiture of a service or activity will be reviewed weekly by the designated institutional committee. 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 3-2024, amend filed 04/01/2024, effective 04/01/2024 DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06 DOC 10-2001, f. & cert. ef. 3-21-01 CD 19-1991, f. & cert. ef. 8-21-91 CD 33-1987, f. & ef. 8-28-87
291-013-0005 Authority, Purpose, and Policy (1) Authority: The authority for this rule 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 this rule is to provide guidance and direction in the use of force and security equipment by Department of Corrections employees in the lawful performance of their duties. The rule is written to minimize risk to the general public associated with the escape of an adult in custody; minimize the likelihood of injury to employees, members of the general public, and adults in custody; prevent serious destruction of state property and meet the mission of the department. (3) Policy: (a) It is the policy of the Department of Corrections to authorize the use of force in circumstances specified in this rule. In such circumstances where force is authorized, the type, amount and manner of use of force authorized are further specified within this rule. (b) The use of force and security equipment by department employees is authorized by the Director through the appropriate functional unit manager. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030 History: DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 14-1998, f. & cert. ef. 6-18-98 CD 3-1995, f. & cert. ef. 1-19-95 CD 20-1991, f. & cert. ef. 8-28-91 CD 9-1989, f. & cert. ef. 6-20-89 CD 12-1988, f. & cert. ef. 9-30-88 CD 42-1986, f. & ef. 10-17-86 CD 40-1985, f. & ef. 8-16-85 CD 3-1983, f. & ef. 1-20-83 CD 33-1981, f. & ef. 8-7-81 CD 16-1981(Temp), f. & ef. 6-5-81 CD 35-1978, f. 11-9-78, ef. 11-13-78
291-013-0055 Applicability of the Rules (1) All employees shall be thoroughly familiar with the departmental guidelines of this rule. (2) Those employees whose duties require them to be in both institutional and community situations shall be thoroughly familiar with all sections of this rule. Parole and probation officers shall follow the department’s rule on Use of Force (Community Corrections) (OAR 291-022) to provide guidance and direction in use of force incidents. (3) If there is any question about specific equipment, procedures, etc., in a use of force situation, an employee shall be directed by the location of the situation, either in an institution or the community, rather than by distinctions concerning where he/she is duty stationed. 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 6-2013, f. & cert. ef. 6-21-13 DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0080 Reactive Use of Force (1) Reactive use of force will be allowed for situations where time and circumstances do not permit prior approval by a supervisor, consultation or planning. (2) Employees may use any available equipment or weapons to prevent the loss of life or serious bodily injury, if no other reasonable alternative or time is available. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030 Statutes/Other Implemented: ORS 179.040, 423.020 & 423.030 History: DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98
291-013-0100 Lethal Force (1) Employees shall consider every reasonable means of control before resorting to the use of lethal force. (2) Use of Lethal Force in Medium/Level 3 or Higher Security Facilities: Lethal force may be used when and to the extent that an employee reasonably believes it necessary: (a) To prevent imminent serious bodily injury or death to one's self or another person. (b) To prevent escape by an adult in custody from secure custody, whether inside or outside the secure perimeter of a Department of Corrections facility while the adult in custody is on department grounds. (c) To prevent or stop a riot or other group disturbance by adults in custody where there is reason to believe an adult in custody poses a threat of escape or imminent serious bodily injury or death to another person. (d) To prevent an unauthorized person(s) or motor vehicle(s) from attempting to breach the secure perimeter of a Department of Corrections facility in order to assist in an escape or insurrection by an adult(s) in custody. (e) To prevent or stop extensive damage to property if, and only if, its loss or destruction would lead directly to escape or imminent serious bodily injury or death to another person. (f) To prevent or stop an adult in custody or other person from setting or spreading fire to or within a building within the secure perimeter of a Department of Corrections facility, where there is reason to believe the fire poses a threat of serious bodily injury or death to another person. (3) Any adult in custody moving toward an unauthorized motor vehicle or airborne craft, whether inside or outside the secure perimeter of the facility, shall be considered to be a potential escape attempt. Shots shall not be fired at an airborne craft in a flight over the perimeter, landing, on the ground, or taking off from the facility except in self-defense to one’s self or another person where the situation is a clear and immediate threat to life. (4) Use of Lethal Force in Stand Alone Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an adult in custody from a stand-alone minimum security facility. (5) Use of Lethal Force in Co-Located Minimum Security Facilities/Level 2: Lethal force may not be used to prevent the escape of an adult in custody from a co-located minimum security facility if the staff member knows the adult in custody is classified as minimum custody. (6) Use of lethal force in community situations; e.g., transport of an adult in custody, supervision of outside work crews, is covered under OAR 291-013-0215. 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 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 19-2008, f. & cert. ef. 8-7-08 DOC 14-2005, f. 10-14-05, cert. ef. 10-24-05 Renumbered from 291-013-0090,DOC 15-2004, f. & cert. ef. 11-2-04 Reverted to DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0155 DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04 DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0155 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0110 Bloodborne Pathogens When a person has been exposed to blood or body fluid resulting from the use of force, standard universal precautions shall be implemented. 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 17-2015, f. & cert. ef. 10-26-15 DOC 8-2015(Temp), f. & cert. ef. 7-9-15 thru 1-4-16 DOC 6-2013, f. & cert. ef. 6-21-13 DOC 19-2008, f. & cert. ef. 8-7-08 DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0075 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0120 Injury, Death or Hostage (1) Whenever an employee's use of force results in the serious injury or death of another, the employee shall be placed on leave until an investigation of the matter by the Inspector General and/or State Police can be concluded. (2) Whenever an employee has been taken hostage, the employee shall be placed on leave with pay until medical and psychological clearance has been obtained. (3) Any employee involved in or immediately exposed to a critical incident involving the serious injury, hostage or death of another shall be provided a critical incident stress debriefing. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030 History: DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0085 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0130 Notifications (1) Whenever force is used, a detailed written report shall be prepared. The Unusual Incident Report will be used as the primary document to report all use of force situations. (2) All employees witnessing or directly involved in a use of force incident shall individually prepare and submit a written memorandum describing their involvement and observation regarding the incident. The memorandum will be attached to the Unusual Incident Report. (3) A Use of Force – Preliminary Review Summary will accompany the Unusual Incident Report. (4) Supervisory notification and authorization will be obtained p rior to a planned use of force. (5) The appropriate supervisor shall be notified by the involved employee(s) as soon as possible following a reactive use of force. The functional unit manager or designee will be notified immediately following any use of f orce incident. (6) The Unusual Incident Report will be forwarded to the appropriate Institutions Administrator within five working days of the incident. 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 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 6-2013, f. & cert. ef. 6-21-13 DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0095 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0185 General Provisions (1) An employee performing duties in the community will not participate in any planned use of force situations. (2) An employee performing duties in the community will immediately contact the local law enforcement agency for a crime in progress or anticipated use of force to allow the law enforcement agency to resolve the situation. (3) The local law enforcement agency will be the primary agency expected to resolve incidents in the community involving the use of force. (4) An employee's decision to remain at the scene of a potentially dangerous situation in the community, or to become involved with cooperative efforts with the law enforcement agency will be based on safety and tactical judgments that exclude whether the employee is carrying a firearm. (5) An employee shall always use the minimum force that is reasonably necessary to protect the employee or another person from bodily harm or restrain or subdue a resistant adult in custody, or prevent the escape of an adult in custody. (6) Escalation to a higher level of force is permitted only when such a higher level of force is warranted by the actions, apparent intentions, and apparent capabilities of the adult in custody, suspect, or assailant. (7) The use of force must be objectively reasonable under all the circumstances known to the employees at the time. The use of force may range from verbal commands to the use of lethal force. If the force other than lethal force reasonably appears to be sufficient to achieve the correctional objective, lethal force shall not be used. (8) Lethal and non-lethal devices shall be concealed from the general public when and where appropriate. A device should not be inspected or handled in view of the public unless for an operational purpose. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030 History: DOC 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0190 Off-Duty Situations (1) Off-duty employees who observe a crime in progress or a fugitive should immediately contact the local law enforcement agency and allow the law enforcement agency to resolve the situation. (2) Employees shall avoid using department issued equipment or role status to intervene in use of force situations when off duty; however, the Department of Corrections recognizes employees have citizen arrest powers and the right to intervene in crimes in progress. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030 History: DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98, Renumbered from 291-013-0115 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0195 Protective Body Armor (1) An employee shall wear department-issued body armor whenever the employee is armed, when accompanied by another employee that is armed, or when the employee has a chemical agent spray in the community. (2) The functional unit manager shall approve any exception to the wearing of body armor. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.030 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.030 History: DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0205 Chemical Agents (1) Authorization to carry a chemical agent shall be authorized by the functional unit manager if a chemical agent is authorized. (2) Authorization to carry department‑issued chemical agents shall be limited to the performance of official duties. (3) Employees authorized to carry a chemical agent shall carry the chemical agent whenever: (a) Protective body armor is worn; or (b) A firearm is carried. (4) An employee shall only discharge a chemical agent for the following: (a) To defend himself/herself or another person from an animal attack. (b) To defend himself/herself or another person from imminent danger. (c) To enforce a valid order(s) to an adult in custody to submit to the application of restraints. 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 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 19-2008, f. & cert. ef. 8-7-08 DOC 15-2004, f. & cert. ef. 11-2-04 DOC 14-1998, f. & cert. ef. 6-18-98 CD 3-1995, f. & cert. ef. 1-19-95
291-013-0206 Electronic Control Devices (1) Only agency approved electronic control devices shall be used. (2) Use of an electronic restraint device for court appearances or transportation will be approved by the functional unit manager or designee. (3) Medical Considerations: (a) As soon as feasible following each use of an electronic control device, the adult in custody shall be afforded medical examination and treatment. (b) An electronic control device shall not be deployed if there is knowledge that the adult in custody is pregnant. (c) If the electronic control device utilizes probes that penetrate the skin, they shall be removed when the adult in custody is under control. If available, medical staff shall remove the probes. Trained security staff may remove the probes if medical staff are not available. (d) If probes are embedded in soft tissue areas such as the head, neck, face and groin removal shall be done by medical staff only. (4) Electronic control devices will not be used in conjunction with aerosol propelled chemical agents. 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 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 6-2013, f. & cert. ef. 6-21-13 DOC 19-2008, f. & cert. ef. 8-7-08 DOC 15-2004, f. & cert. ef. 11-2-04
291-013-0215 Lethal Force (1) Employees shall consider every reasonable means of control before resorting to the use of lethal force. (2) Use of lethal force during transportation of adults in custody: An employee may use lethal force when transporting an adult(s) in custody to the extent that an employee reasonably believes it necessary to: (a) Prevent imminent serious bodily injury or death to the employee or another person. (b) Prevent the escape of an adult in custody classified as custody Level 3 or higher, of if the adult in custody is classified as custody Level 1 and 2 and is being transported with another adult(s) in custody who has been classified as custody Level 3 or higher. (3) Use of lethal force when supervising custody Level 1 and 2 adults in custody engaged in work crews or other approved activities in the community: Supervisors of custody Level 1 and 2 adults in custody engaged in work crews or other authorized activities in the community are not authorized to use lethal force to prevent an escape. Lethal force may be used to prevent imminent serious bodily injury or death to the supervisor or another person. (4) Prior to resorting to the use of lethal force against an adult in custody or other person, if feasible, the employee shall give a verbal warning from the imminent use of lethal force. (5) A warning shot will not be used in the community before the use of lethal force. Other practical warning methods will be used, if time and circumstances permit, before using lethal force. (6) Firearms will not be fired at or from a moving vehicle or airborne craft, except in self-defense or defense of another from the imminent use of lethal force. (7) Firearms will not be used if innocent people are in the line of fire. 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 3-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 6-2013, f. & cert. ef. 6-21-13 DOC 19-2008, f. & cert. ef. 8-7-08 DOC 15-2004, f. & cert. ef. 11-2-04 Reverted to DOC 14-1998, f. & cert. ef. 6-18-98 DOC 3-2004(Temp), f. & cert. ef. 1-27-04 thru 7-25-04 DOC 14-1998, f. & cert. ef. 6-18-98 CD 3-1995, f. & cert. ef. 1-19-95