justicedao/ipfs_state_laws huggingface dataset:
291-006-0005 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, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish department policy and procedures for adults in custody (AICs) to obtain internal review of perceived instances of unfair discriminatory practices or actions by the department based on race, color, national origin, religion, gender, sex, sexual orientation, marital status, age, disability, or familial status. (3) Policy: Within the inherent limitations of resources and the need to maintain internal security, good order, and discipline in Department of Corrections facilities, the health and safety of adults in custody, employees, contractors, and volunteers, and to promote the rehabilitation of adults in custody, it is the policy of the Department of Corrections: (a) That all adults in custody are treated fairly, equitably, and that employee actions and decisions be consistent with the rules, policies, and procedures of the department. (b) To permit and encourage adults in custody to seek resolution of disputes related to perceived instances of discriminatory practices or actions by an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises by using the department’s internal discrimination complaint review system established in these rules. (c) To promptly and thoroughly review any complaint alleging perceived discrimination and, if appropriate, take measures to resolve the dispute. (d) No person shall be discriminated against, intimidated, threatened, coerced, or suffer any form of retaliation or reprisals, because the person has opposed unlawful discrimination, filed a complaint, testified, assisted, or participated in any manner, in any proceeding regarding unlawful discrimination or has attempted to do so. 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 28-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 15-2019, amend filed 10/18/2019, effective 10/18/2019 DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11 CD 19-1997, f. 10-27-97, cert. ef. 11-1-97 CD 12-1995, f. & cert. ef. 7-7-95 CD 40-1986, f. & ef. 10-17-86 CD 22-1986(Temp), f. 7-25-86, ef. 9-1-86
291-006-0050 Discrimination Complaint and Discrimination Complaint Appeal Timelines (1) Discrimination complaints must be received by the institution discrimination complaint coordinator within 14 calendar days from the date of the incident alleged in the discrimination complaint unless the adult in custody can satisfactorily demonstrate why the discrimination complaint could not be timely filed. Untimely discrimination complaints will be denied and returned to the adult in custody with a statement of the rule. (2) A discrimination complaint response by the functional unit manager or designee will be sent to the adult in custody within 70 calendar days from the date the discrimination complaint was accepted by the institution discrimination complaint coordinator, unless further review is necessary to fully respond to the adult in custody’s discrimination complaint. (3) Discrimination complaint appeals must be received by the institution discrimination complaint coordinator within 14 calendar days from the date the functional unit manager’s discrimination complaint response was sent to the adult in custody unless the adult in custody can satisfactorily demonstrate why the discrimination complaint appeal could not be timely filed. Untimely discrimination complaint appeals will be denied and returned to the adult in custody with a statement of the rule. (4) Discrimination complaint appeals will be responded to within 70 calendar days from the date the discrimination complaint appeal was accepted, unless further review is necessary to fully respond to the adult in custody’s discrimination complaint appeal. (5) If the deadline for submitting a discrimination complaint or discrimination complaint appeal falls on a weekend or legal holiday, that discrimination complaint or discrimination complaint appeal will be deemed timely if the discrimination complaint or discrimination complaint appeal form is timely dated by the adult in custody and the institution discrimination complaint coordinator receives the discrimination complaint or discrimination complaint appeal during the first business day following the weekend or legal holiday in which the deadline passed. (6) Discrimination complaints, discrimination complaint appeals, or responses to either may be consolidated by the department. Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 History: DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019
291-006-0055 Discrimination Complaint and Discrimination Complaint Appeal Submission Limits (1) An adult in custody shall not have more than four active complaints (discrimination complaints, grievances, or appeals from either) at any time. Any discrimination complaint or discrimination complaint appeal submitted exceeding that limit will be found to be an improper use of the discrimination complaint review or grievance review systems and returned to the adult in custody with a statement of the rule. (2) An adult in custody may not submit more than a combined total of four initial discrimination complaints and grievances in any calendar month. (3) For the purposes of these rules, an emergency grievance, as defined in OAR 291-109-0110(12), or any appeal regarding an emergency grievance, is not counted when determining the number of active complaints or the number of submitted discrimination complaints or grievances within any calendar month. (4) Any discrimination complaint or grievance (or appeal of either) received that causes the adult in custody to exceed the limits described in OAR 291-006-0055(1) or (2) will be considered an improper use of the discrimination complaint review and grievance review systems. Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 History: DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 16-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025 DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019
291-006-0070 Discrimination Complaint Appeal Process (1) An adult in custody may appeal the discrimination complaint response using a discrimination complaint appeal form. (a) The discrimination complaint appeal must include the original discrimination complaint, attachments, and employee response(s). (b) The discrimination complaint appeal must comply with the timeframes set forth in OAR 291-006-0050. (c) The scope of the original discrimination complaint cannot be expanded on appeal. (d) No additional information may be submitted with the discrimination complaint appeal unless the information was unavailable to the adult in custody at the time the original discrimination complaint was filed or if the discrimination complaint response noted that the information was missing and the submitted information is directly related to the alleged incident or issue being reviewed. (2) After the discrimination complaint appeal has been date stamped and recorded, the adult in custody will be issued a return receipt. If accepted, the discrimination complaint appeal will be forwarded to the Adult in Custody Complaint Review Committee (AICCRC). (3) The Adult in Custody Complaint Review Committee (AICCRC) will review all accepted appeals and make a recommendation to the Inspector General or designee. (4) An adult in custody’s discrimination complaint appeal will be responded to by the Inspector General or designee upon review of the adult in custody’s complaint, documentation, and the recommendation of the Adult in Custody Complaint Review Committee (AICCRC) within the timeframes set forth in OAR 291-006-0050. (5) The Inspector General or designee’s response is final and not subject to further review. Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 History: DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019
291-006-0080 Retention of Adult in Custody Discrimination Complaints (1) The institution discrimination complaint coordinator will retain a file copy of discrimination complaints with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records. (2) Discrimination complaints will not be filed in the adult in custody’s working file. (3) Discrimination complaints will not be filed in the employee’s working file. Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 History: DOC 28-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019
291-009-0005 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: This rule provides guidelines and procedures whereby interested groups and individuals may be allowed tours of correctional facilities operated by the Department of Corrections. (3) Policy: One of the goals of the Department of Corrections is to create partnerships with communities by providing public information and education, potential expansion of work programs, professional advice, training and consulting services, and encouraging staff participation in professional exchanges of information about the operation of the d epartment's facilities. One method of achieving this goal is through the administration of a tour program. Tours will be conducted in accordance with staff resource availability and security requirements. 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 8-2023, amend filed 05/04/2023, effective 05/04/2023 DOC 7-2013, f. & cert. ef. 8-20-13 DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99 CD 3-1992, f. 3-13-92, cert. ef. 3-25-92 CD 17-1988, f. & cert. ef. 11-18-88 CD 16-1987, f. & ef. 3-5-87 CD 39-1985, f. & ef. 8-16-85 CD 27-1982, f. & ef. 12-10-82 CD 33-1978, f. 10-24-78, ef. 10-25-78
291-009-0010 Definitions (1 ) Adult in Custody (AIC): Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status. (2 ) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. ( 3 ) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director , or an administrator and has responsibility for the delivery of program services or coordination of program operations. Whenever the term “functional unit manager” is used in this rule it means functional unit manager or designee. (4) Tours: Any person or group of persons authorized to be escorted through a Department of Corrections facility. 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 8-2023, amend filed 05/04/2023, effective 05/04/2023 DOC 7-2013, f. & cert. ef. 8-20-13 DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99 CD 3-1992, f. 3-13-92, cert. ef. 3-35-92 CD 17-1988, f. & cert. ef. 11-18-88 CD 16-1987, f. & cert. ef. 3-5-87 CD 39-1985, f. & cert. ef. 8-16-85 CD 27-1982, f. & cert. ef. 12-10-82 CD 33-1978, f. 10-24-78, cert. ef. 10-25-78
291-011-0005 Authority, Purpose, and Policy (1) The authority for these rules 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: To establish procedures and standards for the placing and maintenance of adults in custody in disciplinary segregation. Adults in custody in violation of rules of prohibited conduct may be placed in disciplinary segregation to maintain the safety and security of a facility. (3) Policy: It is the policy of the Department of Corrections to establish and maintain disciplinary segregation operations separate from the general adult in custody population in Department of Corrections facilities. These rules cannot cover all possible events; it is intended to direct only the relative routine aspects of segregation operations. Adults in custody placed on disciplinary segregation status will be treated fairly and impartially with the best interest of staff, adults in custody, and the institution in mind. 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 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
291-011-0015 Selection of Disciplinary Segregation Unit (DSU) Staff (1) Selection Criteria: To qualify for a post solely assigned to disciplinary segregation, the employee: (a) Must have successfully completed trial service; (b) Must have completed mental health training for working with AICs experiencing mental illness AICs as provided by the Professional Development Unit; and (c) Must have achieved a satisfactory on the most recent performance appraisal at the time of application and assignment to disciplinary segregation. At a minimum, the staff member must meet the criteria listed in this rule: (A) Have demonstrated support of the Oregon Accountability Model; (B) Have demonstrated maturity and tolerance; (C) Have demonstrated a constructive interest in working with AICs in disciplinary segregation; (D) Have demonstrated the ability to work with AICs through conflict-reducing and conflict-control skills; and (E) Have demonstrated the ability to use good judgment. (2) Assignments to Disciplinary Segregation Posts: (a) Assignment to disciplinary segregation posts will be made by the functional unit manager or designee and will be reviewed at least semi-annually. (b) Rotation of staff assigned to disciplinary segregation posts may occur as it is found to be in the best interest of the employee or the facility, upon determination by the functional unit manager or designee . (c) Temporary assignment to a fixed disciplinary segregation post will be made by the functional unit manager or designee. Temporary assignments shall be given only to employees who meet the initial qualifications as specified in this rule, unless waived by the Assistant Director for Operations or designee. Whenever possible, temporary assignments will be given only to employees who have successfully completed training specified by the Department of Corrections. 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 15-2023, temporary amend filed 10/26/2023, effective 10/26/2023 through 04/22/2024 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
291-011-0020 Handling Disturbances (1) Any and all disturbances which involve AICs in disciplinary segregation will be reported immediately to the officer-in-charge who will take any necessary, immediate emergency action. When any disturbance occurs that requires an unusual incident report, the officer-in-charge will immediately notify the appropriate administrative staff. The unusual incident report will be completed as required by the department’s policy on Unusual Incident Reporting Process (DOC policy 40.1.6) . (2) The officer-in-charge or designee will make the decisions, organize, assign, direct, control and observe, but will not become physically involved in situations where an AIC must be subdued and placed in or removed from a cell, nor in other disturbance situations which require time to organize necessary control action and assemble personnel. (3) The use of physical force, chemical agents, or physical restraints must be in accordance with the department’s rules on Use of Force (OAR 291-013). 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
291-011-0025 Assignment and Removal of AICs (1) AICs will be assigned to disciplinary segregation in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). The functional unit manager or designee or the officer-in-charge may order immediate placement of an AIC in disciplinary segregation when it is necessary to protect the AIC or others, or for the safety, security, orderly, or efficient operation of the facility. (2) Immediately following any verbal threat of self-harm or act of self-harm by an AIC, a mental health professional, if readily available, or a registered nurse if a mental health professional is not readily available, will be consulted by the officer-in-charge to determine the proper course of action, in accordance with the department’s rules on Suicide Prevention in Correctional Facilities (OAR 291-076). (3) Dry Cell Status: (a) An AIC may be placed on dry cell status by the officer-in-charge. (b) An AIC placed on dry cell status will remain isolated from other AICs for a period not to exceed 72 hours, unless authorized by the functional unit manager. (c) An AIC shall not be permitted visits while on dry cell status. (d) There will be no interruption of normal food intake. The AIC will be provided water upon request. (e) Additional specific procedures for placing an AIC on dry cell status are included in the department’s policy on Dry Cell Status (DOC policy 40.1.11). (4) AICs assigned to the Disciplinary Segregation Unit may be temporarily assigned to other treatment, program, or service units (for example, infirmary, Administrative Segregation Unit, Special Management Unit) for treatment or programming as deemed necessary and advisable by the department. Once the AIC has been assigned to a unit other than the Disciplinary Segregation Unit, the operating policies of the newly assigned unit will be used to manage the AIC. (5) Release from disciplinary segregation, other than for emergency medical treatment or for transfer to another agency, will be authorized only upon order of the functional unit manager or designee. (6) AICs assigned to disciplinary segregation will be minimally permitted to leave their cell for visits, exercise, showers, medical, dental, mental health, or authorized services or activities. An employee designated by the officer-in-charge will assign escort supervision. Disciplinary-segregated AICs will not be permitted to leave their cells without prior approval from the disciplinary segregation supervisor. Routine interviews of AICs by staff shall take place at the AIC’s cell. 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 Reverted to DOC 10-2001, f. & cert. ef. 3-21-01 DOC 13-2005(Temp), f. & cert. ef. 9-27-05 thru 3-26-06 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
291-011-0030 Situational Reviews (1) AICs assigned to disciplinary segregation shall remain so assigned for only the shortest length of time necessary to achieve the purpose for which assignment was prescribed in accordance with the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (2) For AICs who have been identified with severe or the highest mental health treatment needs, a clinical interview will be conducted and documented by a qualified mental health professional upon notification of the admission of the AIC into a disciplinary segregation unit. Requests for psychological intervention by a qualified mental health professional may also be initiated by a staff member working in disciplinary segregation, or by an AIC in disciplinary segregation. (3) An assessment will be made by the designated institutional committee on each AIC in continuous disciplinary segregation at least every 30 days. Adjustment to segregation and early release from segregation will be considered for recommendation to the functional unit manager. (4) Close Supervision: (a) A close supervision status cell may temporarily be used to house an AIC whose behavior: (A) Is deemed so aggressive or destructive that housing for protection of self, others or property is indicated. (B) Creates a serious disruption to the safety, security, orderly, or efficient operation of the unit. (b) An AIC placed on close supervision status must be reviewed and approved by the officer-in-charge or designee. (c) An AIC on close supervision status will be reviewed daily by the officer-in-charge. If the AIC’s behavior warrants, the AIC may be removed from close supervision status. (d) The security manager or Assistant Superintendent of Security will review AICs on close supervision status at least weekly. (5) Every AIC in disciplinary segregation status will be checked at least once every 30 minutes, but on an irregular basis by a DSU staff member. (6) AICs will receive visits from the disciplinary segregation supervisor at least once a shift. (7) A qualified health care professional will tour the unit daily unless medical or mental health attention is needed more frequently. (8) The officer-in-charge or designee will tour the Disciplinary Segregation Unit at least once per shift. (9) The functional unit manager or designee and the security manager or Assistant Superintendent of Security will tour the Disciplinary Segregation Unit weekly. 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