justicedao/ipfs_state_laws huggingface dataset:
291-066-0170 Revocation Hearings Process (1) A violation of a condition of leave that warrants a revocation of leave may only be found upon proof by a preponderance of the evidence. (2) Unless the Hearings Officer finds good cause on the record, the supervising officer shall present information and evidence at the revocation hearing and arrange for the presence of witnesses for the state. The supervising officer shall make dispositional recommendations. (3) The Hearings Officer shall make a recording of the revocation hearing. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0180 Representation/Ability to Pay Attorney Fees (1) In a revocation hearing, the Hearings Officer may authorize the appointment of an attorney to assist an AIC in their defense if the Department determines that it is legally required to do so. (2) In determining whether to appoint an attorney, the Hearings Officer shall consider whether the AIC appears to be capable to speak effectively. (3) If the Hearings Officer determines that the AIC is indigent and unable to pay for an attorney, the Hearings Officer may appoint an attorney at the Department’s expense. If the Hearings Officer approves payment for an attorney at the Department’s expense, the payment shall not exceed $100 per hour or $500 per case. The attorney shall send the Hearings Officer a billing within 90 calendar days of the revocation hearing. (4) When the Hearings Officer denies an AIC’s request for an attorney appointed at the Department’s expense, the reason(s) for the denial shall be made part of the record. Statutory/Other Authority: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0190 Witnesses (1) The AIC may present witnesses who have relevant information and may submit relevant documentary evidence at the hearing. (2) The AIC shall make their own arrangements for calling and presenting witnesses. (3) Witness statements may be taken in person, by telephone, or by written report or statement. (4) The AIC has the right to confront the persons or witnesses who have presented information against the AIC. (5) The Hearings Officer may deny confrontation of witnesses by the AIC if that confrontation would subject the witness to the risk of harm. (6) The Hearings Officer may limit, or exclude entirely, a witness’ oral or written statement(s) if the Hearings Officer determines that they are cumulative or irrelevant. (7) The Hearings Officer may exclude a witness from the hearing upon finding that the witness’ statement(s) would not assist the Hearings Officer in the resolution of the allegation(s), or that the witness’ participation or appearance at the hearing would be contraindicated. The reason(s) for the exclusion shall be made part of the record. (8) If the Hearings Officer denies confrontation of witnesses, the Hearings Officer shall state the reason(s) for the decision and conduct an independent examination of the witness on the record. (9) The Hearings Officer may not receive a hearsay statement from an unavailable witness for the purpose of establishing that the AIC violated a condition of transitional leave without first applying a balancing test. For purposes of this rule, a hearsay statement is defined as a statement, other than one made by the declarant while testifying at the revocation hearing, offered to prove the truth of the matter asserted. Relevant factors in the balancing process include, but are not limited to: (a) the importance of the evidence to the ultimate determination; (b) the offender’s opportunity to refute the evidence; (c) the difficulty and expense of obtaining witnesses; and (d) the n ature and reliability of the evidence. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421-500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421-500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0200 Evidence (1) The Hearings Officer may receive the following as evidence at a revocation hearing: (a) Oral testimony under oath; (b) Affidavits or other sworn statements; (c) Letters; (d) Documents; (e) Reports made in the course of official duty or professional practice (e.g., reports of law enforcement agencies, parole and post-prison supervision officers, doctors, psychologists, attorneys); (f) Uncertified copies of letters, documents, or reports shall be admissible in a revocation hearing if there is a reasonable showing by the person submitting the exhibit item that the copy is reliable; (g) Evidence of criminal activity even when charges have been dismissed, not brought, or the AIC has been acquitted at trial; (h) Any evidence determined to be material, relevant, and reliable, regardless of its nature. (2) The AIC shall make their own arrangements for presenting evidence. (3) The Hearings Officer may exclude documents or physical evidence upon making a finding that such evidence would pose a hazard to facility security or would not assist in the resolution of the allegation(s). The reason for exclusion shall be made part of the record. (4) The Hearings Officer may classify documents or physical evidence as confidential upon making a finding that revealing such evidence would pose a threat to the safety of the person providing the evidence, or others. (5) The Hearings Officer shall make confidential evidence received a sealed part of the record without disclosing the identity of the witness. (6) When a witness is unavailable, the Hearings Officer may receive statements in the form of documentary evidence. The Hearings Officer shall determine the reliability and relevance of the absent witness’s statement. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0210 Postponement (1) The Hearings Officer may postpone a revocation hearing for good cause and for a reasonable period of time. (2) The criteria for “good cause” includes, but is not limited to: (a) The preparation of defense; (b) Illness or unavailability of the AIC on leave or other persons; (c) Gathering of additional evidence; or (d) Avoiding interference with an ongoing police investigation or pending prosecution. (3) The Hearings Officer may make a finding of a violation and defer disposition for a reasonable time if such delay is reasonably necessary for the AIC or Hearings Officer to obtain information relevant to disposition decision. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0220 Hearings Officer Findings (1) At the conclusion of a revocation hearing, the Hearings Officer shall decide whether: (a) The evidence submitted did not support the allegations of the specified condition(s) of leave violated; or, (b) The evidence submitted does support the specified allegation(s) that one or more conditions of leave had been violated. (c) If the Hearings Officer determines that the evidence submitted does not support the allegations of the specified condition(s) of leave violated, the supervising officer may submit a new violation report. (2) Within ten business days following the conclusion of the hearing, the Hearings Officer shall complete a report containing the Hearings Officer's findings. The completed report shall be delivered to the AIC and to the Releasing Authority or designee for review. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0230 Reopening Revocation Hearings (1) After the completion of a revocation hearing, the Hearings Officer may reopen a hearing if substantial new information is discovered which was not known or could not be anticipated at the time of the hearing and which would significantly affect the outcome of the hearing. (2) The Hearings Officer shall send the AIC notice of the decision to reopen the revocation hearing and the new information to be considered. The reopened hearing shall conform to the procedures of these rules. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0240 Revocation Hearings Record (1) The revocation hearings record shall include: (a) A Hearings Report Summary; (b) A written statement of alleged violations; (c) Supporting materials, including documentary evidence admitted; (d) A signed Notice of Rights/Decisions about Rights; (e) The short-term transitional or nonprison leave conditions; (f) A notice of time and place of hearing; (g) An audio recording of the advisement of rights and the hearing; (h) The supervising officer’s report, including recommended dispositions; (i) The history of supervision, local sanctions and modifications; and (j) If any, the written waiver of the AIC’s right to three business days’ notice of the hearing. (2) The Hearings Officer shall retain the recording used in subsection (1)(g) of this rule in accordance with established retention schedules. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0250 Administrative Review of the Hearings Officer’s Findings (1) The AIC may request an administrative review of the Hearings Officer’s findings by submitting a request in writing to the Releasing Authority or designee within ten calendar days of the completion date on the Hearings Officer’s report. (2) Upon receipt of the petition for administrative review, the Releasing Authority or designee shall review the case to determine: (a) Was there substantial compliance with the rule (OAR 291-066); (b) Was the finding based upon a preponderance of evidence. (3) If the Releasing Authority or designee determines there was substantial compliance with the rule (OAR 291-066) and the finding was based on a preponderance of evidence, the AIC will be issued a written response supporting such a determination within ten business days of receipt of the request. (4) If the Releasing Authority or designee determines there was not substantial compliance with the rule (OAR 291-066) or the finding was not based on a preponderance of the evidence, they may direct the hearing to be reopened or vacate all or part of the final order in the case. (5) Documentation submitted to the Releasing Authority or designee shall not be returned to the AIC. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0260 Releasing Authority Final Order (1) When a case comes before the Releasing Authority for decision, the Releasing Authority shall consider the Hearings Officer’s findings, the revocation hearings packet, mitigating factors, and administrative review of the Hearings Officer’s findings if applicable. (2) The Releasing Authority may adopt or modify the Hearings Officer’s findings. The releasing authority may also request that the hearing be reopened to consider additional evidence. (3) If the Hearings Officer finds that the alleged violation(s) of short-term leave or nonprison leave are not supported by a preponderance of the evidence and dismisses the case, then the Releasing Authority may request that the hearing be reopened to consider additional evidence. (4) Within seven business days of receipt of the Hearings Officer’s findings, the Releasing Authority shall enter a decision and issue a final order. (5) If the Releasing Authority fails to act on the Hearings Officer’s findings within seven business days following its receipt, the Hearings Officer’s findings shall become final. Statutory/Other Authority: ORS 179.040, 423.030, 423.020, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.030, 423.020, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0270 Continuance on Short-Term Transitional or Nonprison Leave (1) The Releasing Authority may continue an AIC on short-term transitional or nonprison leave and order modification of sanction time to be served. (2) The Releasing Authority may continue an AIC on short-term transitional or nonprison leave and order administrative sanctions. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-069-0200 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 these rules is to establish department policy and procedures for the identification and management of individual adults in custody (AIC) and groups of adults in custody that, in the judgment of the department, present an elevated security threat risk. (3) Policy: (a) Security threat activity by individual adult in custody or groups of adults in custody poses a serious threat to the safe, secure, orderly, or efficient operation and management of Department of Corrections facilities, and the safety and security of department employees, adults in custody, and the public. For these reasons, it is the policy of the Department of Corrections to maintain zero tolerance for significant security threat related behavior and activity by adults in custody under its custody and control. In furtherance of this policy, the Department of Corrections will: (A) Identify and effectively manage adults in custody and groups of adults in custody that, in the judgment of the department, present an elevated security threat risk based on their criminal history, institutional conduct history, present behavior, interstate transfer status, escape history, custody level reassignment, intelligence, or other available information. Effective adult in custody management may include intensive interaction with the adult in custody by trained Security Threat Management managers, and the suspension, restriction, or modification of department programs and services on an individualized basis, in accordance with these rules. The department may utilize risk assessment tools to assist the department in identifying adults in custody that present an elevated security threat risk. (B) Maintain an information network to monitor and control security threat behavior and activity and provide intelligence information to department staff. (C) Investigate security threat related behavior or activity by adults in custody in a fair and objective manner. (b) In cooperation with other criminal justice agencies, the Department of Corrections may share information regarding security threat behavior or activity of adults in custody or groups of adults in custody to assist in controlling criminal activity associated with these adults in custody. Security threat related behavior or activity that may include criminal conduct shall be referred to the Oregon State Police. (c) Adults in custody under the jurisdiction of the Department of Corrections shall not encourage, promote, further, assist, or otherwise participate in any security threat behavior or activity as described in these rules. 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 7-2023, amend filed 04/28/2023, effective 04/28/2023 DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023 DOC 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08
291-069-0220 Institution Intelligence Officer(s) Each functional unit manager shall designate one security manager or Assistant Superintendent of Security, and a designated backup, to act as the institution intelligence officer. This employee will be the direct liaison of STM intelligence information between the STM lieutenant and the institution. The purpose of this is to get intelligence information to the institution at a level capable of making immediate management decisions based on the intelligence received. 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 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08
291-069-0230 Identification of AICs That Present Elevated Security Threat Risk (1) The department will identify adults in custody and groups of adults in custody that present an elevated security threat risk for management by the department’s STM Unit. (2) The department will identify adults in custody that present an elevated security threat risk based on the following: (a) A predicate statement submitted by staff based on consideration of an adult in custody’s criminal history, institutional conduct history, present behavior, interstate transfer status, escape history, custody level reassignment, intelligence, or other available information; (b) A risk assessment conducted by the department based on an AIC’s age, sentence length, type of offense, Security Threat Group (STG) affiliation, mental illness, and custody rating; or (c) An adult in custody’s reassignment from a custody level 5 to a custody level 4. (3) The STM Unit will maintain a record of all adults in custody identified by intelligence sources as affiliates of a security threat group who are actively supporting, promoting, or engaging in behavior which caused an elevated risk to the safety, security, orderly, or efficient operations of DOC facilities. These records will be kept in a secured area designated by the Assistant Director of Operations or designee . (4) Any department employee who becomes aware of any adult in custody who may be engaged in or affiliated with security threat behavior or activity shall communicate such information to the appropriate STM Lieutenant. Each correctional facility will have an assigned STM Lieutenant, who may or may not be housed on-site, but will be responsible for management of STM related activity at their specific institutions. (5) Upon receipt of security threat information, the STM Lieutenant will determine whether the information is valid. If the information is deemed valid, the STM Lieutenant will forward the information to the institution intelligence officer. (6) The intelligence analyst will use various means to analyze and document the intelligence information. The intelligence analyst will then disseminate any applicable information to the appropriate STM Lieutenant, institution intelligence officer, functional unit manager, or other internal and external stakeholders. 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 21-2024, amend filed 08/29/2024, effective 08/29/2024 DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023 DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023 DOC 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08
291-069-0240 Reporting The STM Unit will produce a periodic security threat management report and distribute the report to the Director, Deputy Director, Assistant Directors, Inspector General, Institutions Administrator, Chief of Security, institution functional unit managers, and other criminal justice agencies as requested or required by the Director or designee. 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 7-2023, amend filed 04/28/2023, effective 04/28/2023 DOC 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08
291-069-0250 Discipline (1) The hearings officers and adjudicators shall report all disciplinary actions which involve security threat related activity to the STM Lieutenant to assist in tracking security threat group activity, trends, etc. (2) Any AIC found in violation of a rule(s) of prohibited AIC conduct which involved security threat activity may be subject to a review from the STM Unit. 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 7-2023, amend filed 04/28/2023, effective 04/28/2023 DOC 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08
291-069-0260 Security Threat Group Paraphernalia All security threat group paraphernalia, as defined in this rule, is unauthorized and considered contraband within Department of Corrections facilities and is subject to confiscation. Security threat group paraphernalia may be used to further document and validate security threat group identification and classification. 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 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08