justicedao/ipfs_state_laws huggingface dataset:
291-013-0225 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 t o 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 prior to a planned use of force. The involved employee shal l notify the appropriate supervisor as soon as possible following a reactive use of force. The functional unit manager or designee will be notified immediately following any use of force 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 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
291-013-0235 Reviews In addition to the requirements of OAR 291-013-0140, use of force reviews shall be required as follows: (1) A preliminary review is required whenever an employee unholsters a firearm, but does not point the firearm at an individual. (2) A full review is required whenever an employee unholsters a firearm and points the firearm at an individual. 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 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
291-014-0100 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 provide community protection by the apprehension and arrest of offenders who engage in violation behavior or are subject to an arrest warrant. Arrest shall be made in the appropriate manner as prescribed by law (ORS 137.550; 144.331; 144.334, 144.350, 144.360, 144.610 and 144.613) and this rule. Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075 History: DOC 1-2014, f. & cert. ef. 1-14-14 DOC 18-2013, f. & cert. ef. 12-13-13 DOC 5-2006, f. & cert. ef. 7-24-06
291-014-0110 Definitions (1) Arrest: To place an offender under actual or constructive restraint or to take an offender into custody. (2) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county. (3) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control or probation status. (4) Officer: Any state parole/probation officer certified as such by the Department of Public Safety Standards and Training. (5) Reasonable Grounds: Exists when facts and circumstances within the officer’s knowledge are sufficient to justify a belief that a violation has occurred. (6) Warrant: A written order made on behalf of the releasing authority, or the court, which commands the officer to arrest the offender. Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2016, f.& cert. ef. 4-29-16 DOC 1-2014, f. & cert. ef. 1-14-14 DOC 18-2013, f. & cert. ef. 12-13-13 DOC 5-2006, f. & cert. ef. 7-24-06
291-014-0120 Arrest (1) A parole/probation officer is authorized to make an arrest if the officer participates in a minimum of eight hours annual training in arrest procedures, use of restraints, and defensive tactics. (a) The local state director shall create annual training requirements, which may exceed the minimum training requirements. (b) A parole/probation officer shall maintain certification in less than lethal force options. (2) When a warrant has been issued for an offender by the releasing authority or the court, based on a violation of a release condition, the supervising officer shall cause the execution of any arrest warrant. (3) In all other arrest cases, at least one of the following criteria must be met: (a) Reasonable grounds that a violation(s) has occurred and is serious enough to warrant a recommendation of incarceration; (b) The offender’s behavior constitutes a threat or danger to the community or to himself/herself. Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2016, f.& cert. ef. 4-29-16 DOC 1-2014, f. & cert. ef. 1-14-14 DOC 18-2013, f. & cert. ef. 12-13-13 DOC 5-2006, f. & cert. ef. 7-24-06
291-014-0130 Transport (1) Transporting officer(s) will use Department of Corrections approved vehicles. (2) Whenever possible, transports should be conducted in caged vehicles. (3) When transporting an offender, refer to attachment A for recommended positioning of offender(s) and officer(s). [ED. NOTE: Attachment referenced are available from the agency.] Statutory/Other Authority: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030 & 423.075 History: DOC 5-2006, f. & cert. ef. 7-24-06
291-015-0015 Recruitment (1) To recruit a volunteer or student intern, a position description proposal will be written and submitted to the appropriate manager for approval. (2) A position description proposal will be submitted by the manager to the volunteer coordinator who will secure a decision concerning approval. (3) Volunteers and student interns who best meet program needs will be recruited from all ethnic, cultural, and economic segments of the community. (4) Any volunteer or student intern who leaves the program will return his/her ID card to the volunteer coordinator. 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: CD 2-1996, f. 2-26-96, cert. ef. 3-1-96 CD 26-1986, f. & ef. 8-20-86 CD 29-1980, f. & ef. 9-17-80 CD 16-1978, f. 8-17-78, ef. 8-18-78
291-015-0025 Orientation and Training (1) Training: Volunteers and student interns will be required to complete the Department of Corrections core training program for volunteers. (2) Facility orientation(s) will be coordinated by the volunteer coordinator including, but not limited to, the following: (a) Functional unit safety and security procedures; (b) Fire safety and emergency evacuation plan; (c) Responsibilities during any emergency; (d) Supervisor’s name and line of authority; (e) List of primary rules and procedures associated with services provided; (f) Time and place to report for service and whom to call when unable to report for duty; and (g) Walk through the facility for familiarization. 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: CD 2-1996, f. 2-26-96, cert. ef. 3-1-96 CD 26-1986, f. & ef. 8-20-86 CD 10-1985, f. & ef. 7-31-85 CD 29-1980, f. & ef. 9-17-80 CD 16-1978, f. 8-17-78, ef. 8-18-78
291-015-0100 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 policy that will help the department fulfill its volunteer goals: (a) To foster a respected and recognized volunteer community of appropriate size and quality that is capable of serving the rehabilitative, religious/spiritual, and other correctional needs of inmates from incarceration to reentry back to the community; and (b) Provide support to staff in furtherance of the mission of the department. (3) Policy: (a) It is the policy of the Department of Corrections to utilize volunteers and student interns with appropriate training, guidance, and supervision as a means to enhance programs and further the mission of the department. (b) Volunteers serve at the pleasure of the department and are not considered employees. 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 15-2010, f. & cert. ef. 11-19-10 DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11 DOC 7-2004, f. & cert. ef. 8-9-04
291-015-0105 Definitions (1) Affiliation: An organization; such as a school, college, university, agency, faith group, spiritual group, 12-step program, non-profit corporation or foundation, or similar type organizations, that has defined structure and recognition as a legitimate organization in the community. (2) Department Supervisor: A Department of Corrections employee who is responsible for the activities and programs provided by volunteers. (3) Endorser: An official of the volunteer’s affiliation who has the authority to certify that the volunteer is endorsed by that group to provide services for inmates. If the volunteer is the endorser for his/her affiliation, another official of the affiliation must provide the endorsement. (4) Functional Unit: Any organizational component within the department responsible for the delivery of services or coordination of programs. (5) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for the delivery of services or coordination of program operations. (6) LEDS: Law Enforcement Data System. (7) Local State Director: A person with the Department of Corrections who reports to the Chief of Community Corrections and has responsibility for managing a state community corrections office with a particular county. (8) Programs: Activities such as religious services, education classes, self-help meetings, treatment programs, and clubs (if any) that are established solely at the discretion of the department to meet its needs and those of the inmates. (9) Program Manager: A Religious Services management employee assigned to oversee, manage, and conduct the volunteer program of the department. (10) Student Intern/Practicum: An approved student in a college or university who, as part of an academic program, donates time and effort to enhance the mission, activities and programs of the department and to further his/her professional development. Student interns may be stipend or non-stipend. For purposes of these rules, wherever the term ”volunteer” is used, it shall also apply to student interns. (11) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities and programs of the department. 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 15-2010, f. & cert. ef. 11-19-10 DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11 DOC 7-2004, f. & cert. ef. 8-9-04
291-015-0110 Program Supervision (1) Religious Services is responsible for the establishment, development and management of the overall structure and operation of the volunteer program for volunteers working inside department facilities or assisting with transition from prison to the community. (2) The local state director or designee will designate a volunteer coordinator to oversee volunteers and student interns for Community 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 15-2010, f. & cert. ef. 11-19-10 DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11 DOC 7-2004, f. & cert. ef. 8-9-04
291-015-0115 Recruitment (1) Prospective volunteers who best meet program needs will be recruited from all ethnic, cultural, gender and economic segments of the community. (2) Recruitment will be based on the needs of inmates, offenders, functional units, and the availability of staff to supervise volunteers. 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 15-2010, f. & cert. ef. 11-19-10 DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11 DOC 7-2004, f. & cert. ef. 8-9-04
291-015-0125 Training and Orientation (1) Approved volunteer training is required for all volunteers. (2) Functional unit orientation will be provided by the department supervisor or designee to whom the carded-volunteer has been assigned. (3) Facility orientation will be provided for those volunteering inside a correctional facility. (4) In-service training and other training may be offered periodically. 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 15-2010, f. & cert. ef. 11-19-10 DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11 DOC 7-2004, f. & cert. ef. 8-9-04
291-015-0135 Utilization (1) Volunteers shall not be placed in positions of authority over department employees or contractors. (2) Volunteers shall not perform professional services requiring certification or licensing unless the volunteer program manager or designee verifies the validity of the license. (3) Volunteers shall be treated with the same respect as staff and recognized as having unique roles that differ from, but are complimentary to staff roles. (4) Volunteers shall follow department rules and policies. 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 15-2010, f. & cert. ef. 11-19-10 DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11 DOC 7-2004, f. & cert. ef. 8-9-04
291-016-0010 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 specify the security requirements for persons, vehicles, tools, equipment and supplies to gain access to Oregon Department of Corrections facilities. (3) Policy: It is the policy of the Department of Corrections to control access into and out of facilities which physically house inmates in order to maintain the security, sound order, or discipline of the facility. All persons enter a facility at their own risk and will be required to meet the security and control measures enforced at the 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: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0040 Employee Access (1) The Department employee ID card will grant access to its authorized holder to any Department of Corrections functional unit or facility to perform required Department duties. (2) An employee will be granted unrestricted access to his/her assigned functional unit facility(ies) to perform required Department duties. (3) An employee will be granted access to a facility other than his/her assigned facility(ies) to perform required Department duties. The employee will perform the following: (a) Present his/her Department ID card at the facility entrance and/or reception center; (b) Complete the Facility Access Register (CD 52a); (c) Display his/her Department ID card on the upper chest area while at the facility; and (d) Place the time of departure and initial the Facility Access Register before leaving the 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 10-2006, f. & cert. ef. 10-9-06 CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0045 Oregon Corrections Enterprises Employee Access (1) The OCE employee ID card will grant access to its authorized holder to any Department of Corrections functional unit or facility to perform required agency duties. (2) An OCE employee will be granted unrestricted access to his/her assigned functional unit facility(ies) to perform required agency duties. (3) An OCE employee will be granted access to a facility other than his/her assigned facility(ies) to perform required agency duties. The employee will perform the following: (a) Present his/her Oregon Corrections Enterprises ID card at the facility entrance and/or reception center; (b) Complete the Facility Access Register (CD 52a); (c) Display his/her Oregon Corrections Enterprises ID card on the upper chest area while at the facility, and (d) Place the time of departure and initial the Facility Access Register before leaving the 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 10-2006, f. & cert. ef. 10-9-06 DOC 12-2000, f. & cert. ef. 6-19-00 DOC 24-1999(Temp), f. & cert ef. 12-22-99 thru 6-19-00
291-016-0050 Contractor, Volunteer, and Other Agency Liaison Access (1) The department contractor, volunteer, or other agency liaison ID card will grant access to its authorized holder to the assigned functional unit or facility(ies) to perform required Department duties and/or activities. (2) The contractor, volunteer, or other agency liaison will perform the following: (a) Proceed through the metal detector or similar device and meet security and dress standards as required by department directives (except police officers and parole and probation officers with proper identification will not be required to proceed through the metal detector; (b) Present his/her Department ID card at the facility entrance or reception center; (c) Complete the Facility Access Register (CD 52a); (d) Present his/her Department ID card on the upper chest area while at the facility; and (e) Place the time of departure and initial the Facility Access Register before leaving the facility. (3) Steps (a) through (e) above may be waived individually or collectively by authorization of the facility functional unit manager. 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 10-2006, f. & cert. ef. 10-9-06 CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0060 Facility Visitor Access (1) The facility reception center will maintain sufficient quantities of “facility visitor” ID cards. The facility visitor ID cards will be red in color and numbered in sequence. (2) The facility visitor ID card will be worn by the facility visitor entering the secure perimeter. (3) The Visitor Authorization form (CD 451) will be used to authorize persons for official business for tours, meetings, repair service, estimates, consultation and other operational necessities. (4) A Visitor Authorization form will be completed to authorize the entry of a facility visitor into the secure perimeter. Names on the form will be listed by last name first, first name last, and in alphabetical order. (5) The Visitor Authorization form will require the authorization signature of a functional unit manager or designee. (6) The Visitor Authorization form will be routed to the reception center (public) prior to the designated time of the visit. (7) The facility visitor will perform the following: (a) Proceed through the metal detector or similar device and meet security and dress standards as required by the functional unit facility. Police officers and parole officers with proper identification will not be required to pass through the metal detector, however, they will be required to follow all of steps (b) through (g) below; (b) Complete the Facility Access Register (CD 52a); (c) Provide his/her drivers license or other suitable photo identification as a deposit to the reception center. Police officers and parole officers will be required to provide their professional police officer and parole officer identification. Police officers and parole officers may be requested to provide a phone number or contact person for verification purposes; (d) Obtain a facility visitor ID card at the reception center; (e) Display the facility visitor ID card on the upper chest area while at the facility; (f) Remain under the supervision of the functional unit person, (escort) authorized by the functional unit manager or designee, while inside the secure perimeter; and (g) Return the facility visitor ID card to the reception center, obtain his/her deposited photo identification, and place the time of departure and initial the Facility Access Register before leaving the facility. (8) The use of the metal detector or similar device may be waived individually or collectively by authorization of the facility functional unit manager. 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 10-2006, f. & cert. ef. 10-9-06 CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0070 Inmate Visitor Access An inmate visitor will be granted access as specified in the Department of Corrections rule on Visiting (Inmate). 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: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0080 Transport Access (Law Enforcement Officials) (1) Official(s) transporting an inmate(s) will be directed to secure all weapons and ammunition in the weapons locker (usually located outside of buildings) or in his/her transport vehicle if a weapons locker is unavailable. (2) Official(s) will be given directions for access into the facility reception center (inmate). (3) The identification of the official(s), if unknown, will be verified. If a problem prevents possible identification of the official(s), direct contact with the official’s agency will be made to clarify discrepancies. The officer-in-charge of the facility will be contacted if an identification problem cannot be cleared through the official’s agency. (4) The reception center employee(s) will provide supervision and directions to the official(s) while inside the facility. The directions will include instructions for access out of the 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: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93