justicedao/ipfs_state_laws huggingface dataset:
291-031-0330 Program Non-Compliance (1) Following an initial evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director. (2) The report shall include a set of recommendations to assist the program in the process of successfully incorporating the principles of evidence-based practices into their service delivery. (3) The Department of Corrections shall meet with the local community corrections director or designee and the program executive director or designee to review the recommendations and offer technical assistance to implement the recommendations. (4) The Department of Corrections shall conduct a subsequent program evaluation within the next 18 months. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2012, f. & cert. ef. 6-19-12
291-031-0340 Continued Program Non-Compliance (1) Following a second evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director. (2) The report shall include an assessment of progress or lack of progress in incorporating the principles of evidence-based practices as recommended in the initial evaluation report. (3) The report shall also include a set of recommendations to assist the program in the process of successfully incorporating the principles of evidence-based practices into their service delivery. (4) The Department of Corrections shall meet with the local community corrections director or designee and the program executive director or designee to discuss the level of progress or lack of progress in incorporating the principles of evidence-based practices as recommended in the initial evaluation report and identify any barriers that may exist. (5) A formal written action plan shall be prepared by the local community corrections director or designee within 90 days of the receipt of the final report as described in subsection (1) of this rule, which incorporates the report’s recommendations, specific steps to incorporate the recommendations, and the specific timeframes for implementation. (6) The Department of Corrections shall conduct a subsequent program evaluation within the next 18 months. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2012, f. & cert. ef. 6-19-12
291-031-0350 Termination of Funding (1) Following a third evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director. (2) State funds shall not be allocated to a program that has been evaluated as described in OAR 291-031-0320(4) in three consecutive evaluations. (3) Upon receipt of the final report, the local community corrections director shall advise the program’s executive director that state funds will no longer be allocated to the program to provide services. The local community corrections director shall take the necessary steps to terminate the service contract, if any, with the program; or alternately, the local community corrections director may choose to fund the program with local resources. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2012, f. & cert. ef. 6-19-12
291-031-0360 Appeal Process (1) A county may appeal the termination of funding as described in OAR 291-031-0350 by submitting reasons for which they believe the termination of funding is not warranted, based upon one or more of the criteria listed below in subsection (3) of this rule. The appeal must be submitted in writing to the Department of Corrections. (2) After state funds have been withdrawn from a program, the program may be reconsidered for state funding upon a finding that the program has incorporated significant and relevant practices based on scientifically based research and is cost effective. (a) In order to be reconsidered, the program shall submit in writing to the Department of Corrections the steps they have taken to incorporate the principles of evidence-based practices. (b) The Department of Correction shall determine whether significant changes have been made to merit a program evaluation as described in OAR 291-031-0320. (3) Criteria which may be considered in the appeal process: (a) Scientific basis for the program design and evidence that the program is delivered consistent with research; (b) Outcome study; (c) Demonstrated cost-effectiveness; or (d) The program is a single-source provider and there are no reasonable alternatives available to provide that service within the county. (4) Any decision of the Department of Corrections shall be final. Statutory/Other Authority: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075 History: DOC 15-2022, amend filed 11/07/2022, effective 11/07/2022 DOC 7-2019, amend filed 03/06/2019, effective 03/06/2019 DOC 34-2018, temporary amend filed 12/17/2018, effective 12/17/2018 through 06/14/2019 DOC 7-2012, f. & cert. ef. 6-19-12
291-032-0010 Authority and Purpose (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 197.180, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to establish the procedures to be used by the Department in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and applicable Department of Land Conservation and Development rules. The Department’s state agency coordination program will assure that the Department’s land use programs comply with the statewide planning goals and will be compatible with acknowledged city and county comprehensive plans and land use regulation: (a) It is the intent of these rules to describe how the Department will carry out its statutory responsibility to site and establish correctional institutions and facilities; (b) These rules are not intended to apply to the establishment of correctional facilities under any temporary provisions of Oregon law which may authorize the siting of institutions notwithstanding the requirements of ORS 197.180. These rules also are not meant to authorize local governments to prevent the Department from carrying out its statutory responsibility to operate, control, manage or supervise correctional institutions. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0020 Applicability (1) The provisions of this division (OAR 291-032) shall apply to the following Department programs and actions: (a) Site selection for future statewide and regional correctional facilities identified as necessary to replace or augment current correctional facilities in any long range strategic plans commissioned by the Department; (b) Facility construction including new construction and/or major expansion of existing correctional facilities by the Department; (c) Approval of community correctional grants and loans to local governments where such grants or loans will be used for the construction of new, or the major expansion of existing, correctional facilities; and (d) Any other programs or actions that: (A) Are determined to be “programs affecting land use” pursuant to ORS 197.180 and Department of Land Conservation and Development rules; (B) Involve a change or an intensification of land use; or (C) Take place on property which is an existing non-conforming use. (2) The provisions of this division (OAR 291-032) do not apply to such Department programs or actions as: (a) Facility maintenance and rehabilitation; (b) Replacement of equipment or fixtures; (c) General capital betterment, repair, and improvement; or (d) Any other similar activities that are determined not to be “programs affecting land use” pursuant to ORS 197.180 and Department of Land Conservation and Development rules. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0030 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations Prior to undertaking any action or program listed in OAR 291-032-0020, the Department shall find that the program or action complies with the statewide planning goals and is compatible with acknowledged comprehensive land use plans and land use regulations. The Department shall make its goal compliance and comprehensive plan compatibility findings in accordance with these rules and the Department’s certified state agency coordination program. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: CD 25-1992, f. & cert. ef. 12-9-92
291-032-0040 Compliance with the Statewide Planning Goals — Land Use Program (1) Except as provided in section (3) of this rule, the Department shall achieve goal compliance for Department land use programs, whenever possible, by taking actions that are compatible with the acknowledged comprehensive plan and land use regulations of the applicable local government(s). (2) An action within a Department “land use program” shall be considered to be in compliance with statewide planning goals when such action is compatible with the applicable local government’s acknowledged comprehensive plan and land use regulations. (3) In the event that the Department is required to adopt findings to comply with any statewide planning goals, the Department shall adhere to the following procedures: (a) Confirm that a situation exists that is not addressed in the applicable local government’s acknowledged comprehensive plan and land use regulations which requires the Department to adopt findings of compliance with one or more of the statewide planning goals; (b) Identify the specific statewide planning goal(s) or goal requirements the Department must address; (c) Consult directly with the affected city or county; (d) Request, as necessary, interpretive guidance from the Department of Land Conservation and Development and the Attorney General’s Office; (e) Rely on any relevant goal interpretations applicable to state agencies adopted by the Department of Land Conservation and Development rules; and (f) Adopt any necessary findings to assure compliance with the statewide planning goals. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0050 Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations (1) Prior to approving or undertaking an action or project listed in OAR 291-032-0020, the Department shall find that the program or action is compatible with the affected local government’s acknowledged comprehensive plan and land use regulations. To make its plan compatibility findings, the Department shall assure compatibility with applicable local government comprehensive plans through a process of preapplication meetings and concept review with the planning section of the local government with permitting authority for the project. (2) A Department decision to proceed with a project or action shall not be made until it obtains one or more of the following: (a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body; or (b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction’s comprehensive plan, land use regulations, or development codes, but does not require specific approval by the jurisdiction; or (c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county. (3) In the case of a community correctional grant or loan, the Department shall require the grant or loan applicant to provide the Department with written information documenting the project’s compatibility with applicable comprehensive plan and land use regulations. Such documentation shall include one of the following: (a) A copy of the local land use permit, building or occupancy permit, or other equivalent documentation from the city or county planning agency, building department or governing body; (b) A letter from the local planning agency, building department or governing body stating that the project or action in question is permitted under the jurisdiction’s comprehensive plan, land use regulations or development codes, but does not require specific approval by the jurisdiction; or (c) Other information and documentation equivalent to subsection (a) or (b) of this section including, but not limited to, written testimony presented to the Department from an authorized representative from the affected city or county. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0060 Compliance with the Statewide Planning Goals (1) Except as provided in section (4) of this rule, the Department shall achieve Goal compliance whenever possible by taking actions that are compatible with the acknowledged city and county comprehensive plans and land use regulations. (2) Where appropriate, the statutory plan amendment and periodic review processes shall be used to obtain local land use approvals for a project or action proposed by the Department which affects land use. (3) An action within a Department “land use program” is considered to be in compliance when such an action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body. (4) When the Department in the process of siting a facility recommended under a strategic plan commissioned by the Department, finds that the acknowledged comprehensive plan and land use regulations of the applicable local governing body do not contain requirements or conditions specifically applicable to the facility that the Department seeks to site, the Department shall comply with the statewide goals by adopting written findings. To adopt such findings the Department may: (a) Identify the specific statewide goals which must be addressed; (b) Consult directly with the affected city or county; (c) Request interpretive guidance from the Department of Land Conservation and Development and the Attorney General’s Office; and (d) Rely on any relevant goal interpretation for state agencies adopted by Department of Land Conservation and Development by rule. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0070 Dispute Resolution (1) It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations, whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 421 (Department of Corrections Institutions) and 423 (Corrections Administration and Programs), may prevent the Department from meeting its land use compatibility responsibility under 197.180. (2) The Department shall attempt to resolve all land use disputes, including conflicting statutory obligations, by direct contact with the affected cities and counties. Whenever possible, Department efforts to avoid and resolve potential land conflicts concerning a specific use or action shall be conducted prior to and through local government land use proceedings. Such efforts may include Department participation in preapplication meetings and conflict resolution activities, and the provision of technical information and assistance to the affected local government(s). (3) In the event the Department and a local government do not agree that a Department program or action is compatible with the applicable comprehensive plan and land use regulations, the Department will attempt to resolve the dispute though the following procedures: (a) Hold direct discussions with the affected local government(s), the Department of Land Conservation and Development, and any other appropriate or affected persons or agencies to identify ways the project or action can be made compatible with the jurisdiction’s comprehensive plan and land use regulations; (b) Examine alternatives to achieving the Department’s project or action, including possible modification of the proposed project or action, or withdrawal of the proposal; (c) Appeal of local government denials of Department of Corrections requests for land use approvals or compatibility determinations when determined to be necessary by the Department; or (d) If the dispute is not resolved through subsections (a) through (c) of this section, the Department may request informal mediation of a compatibility determination from the Land Conservation and Development Commission in accordance with established rules. (4) If the Department’s statutory obligation remains in conflict, after exhausting the appropriate procedures in section (3) of this rule, and the Department determines that it must act, the Department shall adopt written findings explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulation, and then adopt goal findings to assure compliance with statewide planning goals, in accordance with the Land Conservation and Development Commission rules. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0080 Compliance and Compatibility of New or Amended Department Land Use Programs (1) The Department shall assure that new or amended Department rules and programs affecting land use will comply with the statewide planning goals and be compatible with acknowledged comprehensive plans and land use regulations. (2) The Department shall submit notice of the proposed amendment of any existing Department rule or program or any new Department rule or program to the Department of Land Conservation and Development in the manner prescribed in established rules. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-032-0090 Coordination with Affected State and Federal Agencies and Special Districts The Department shall coordinate with state and federal agencies and special districts on Department projects or actions affecting land use, when necessary. Additionally, the Department may coordinate with state and federal agencies and special districts on land use issues of concern to the Department. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: CD 25-1992, f. & cert. ef. 12-9-92
291-032-0100 Cooperation and Technical Assistance to Local Governments (1) Subject to statutory and budgetary limitations, the Department shall provide technical assistance and information to local governments and other interested persons. Such assistance and information offered shall be for the purpose of implementing Department programs affecting land use and to help cities and counties revise and carry out their comprehensive plans and land use regulations with regard to the siting and development of correctional facilities. (2) Specific Department involvement with local governments may include participation in preapplication meetings, periodic review, plan and land use regulation amendments and plan updates, and implementation actions of comprehensive plans. Where appropriate, the Department may urge the adoption by local governments of policies which recognize the plans and programs of the Department of Corrections. Statutory/Other Authority: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 197.080, 423.020, 423.030 & 423.075 History: DOC 17-2019, amend filed 12/05/2019, effective 12/05/2019 CD 25-1992, f. & cert. ef. 12-9-92
291-034-0005 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 establish the process and procedures for the orderly commitment and transfer of inmates from one Department of Corrections facility to another. This rule also establishes the process for the approval of those commitments and transfers. (3) Policy: (a) In accordance with provisions of ORS 137.124, 421.455, and the administrative rules of the Board of Parole and Post-Prison Supervision, it is the policy of the Department of Corrections that inmates under the jurisdiction of the Department of Corrections may be transferred from one Department of Corrections facility to another. (b) It is the policy of the Department of Corrections that all non-emergency transfers of inmates between facilities be coordinated and approved by the Office of Population Management and the DOC Transport Unit. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.124, 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2015, f. & cert. ef. 10-20-15 CD 25-1991, f. & cert. ef. 12-11-91