291-077-0033 Behavioral Adjustments, Unsatisfactory Performance and Program Failures (1) Daily Fail: Program supervisors may submit a fail assessment of an inmate’s daily performance in any qualifying program. (a) When a daily fail assessment is submitted, it is the supervisor’s responsibility to complete a Record of Inmate Daily Performance Failure (CD 118a). (b) One copy will be given directly to the inmate, one copy attached to the daily attendance roster, and remaining copies distributed in accordance with institution-specific procedures. (2) Program Fail: The inmate assignment supervisor or counselor, in his/her sole discretion, with reasonable cause based upon an inmate’s poor performance and non-compliance with prescribed programming may fail an inmate from any qualifying program. Poor performance and non-compliance include the following behaviors: refusal to participate, non-attendance, poor performance quality, poor performance effort, poor interpersonal communications with staff and fellow inmates, violations of prohibited inmate conduct, poor self-improvement effort, and inability to follow directions or to ensure the orderly continued operation of the program. (a) When a program failure is submitted, it is the supervisor’s responsibility to complete an Inmate Performance Report (CD 118b). (b) One copy will be given directly to the inmate, one copy attached to the daily attendance roster, and remaining copies distributed in accordance with institution-specific procedures. (3) For purposes of this rule, inmates who dispute a program fail may use the inmate grievance system as described in the rule on Inmate Grievance Review System (OAR 291-109). (4) Evaluation Period: There is also a 30-day program pass evaluation period that is a total of 30 successful programming days (30 daily passes). Inmates will not earn daily points during this evaluation period. An inmate will undergo the 30-day program pass evaluation period if involved in any of the following: (a) Removal from a program for failure to satisfactorily perform in a program assignment; or (b) Placement in segregated housing in connection with an inmate disciplinary sanction order. (5) Behavioral Adjustment: (a) The department will record all inmate disciplinary sanction orders and adjust downward the inmate’s monthly performance points based on the level of misconduct assigned to the disciplinary rule violation(s) by the corresponding inmate disciplinary grid(s) contained in the department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). For each disciplinary order sanctioning an inmate for a disciplinary rule violation, the department will deduct points from an inmate’s monthly performance points based on the level of misconduct as follows: (A) Level 1 – 100% Deducted (B) Level 2 – 80% Deducted (C) Level 3 – 65% Deducted (D) Level 4 – 40% Deducted (E) Level 5 – 20% Deducted (F) Level 6 – 10% Deducted (b) Deductions for behavioral adjustment will be made in the month in which the final disciplinary order is issued in the disciplinary case. Monthly performance points with behavioral adjustments will be calculated by taking the monthly performance points, subtracting for behavioral adjustments to determine the total monthly performance points. Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075 History: DOC 13-2019, amend filed 06/24/2019, effective 06/24/2019 DOC 8-2019, temporary amend filed 04/01/2019, effective 04/01/2019 through 09/27/2019 DOC 10-2009, f. 6-30-09, cert. ef. 7-1-09 DOC 1-2006, f. & cert. ef. 2-15-06 DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03 DOC 15-2001, f. & cert. ef. 7-9-01 DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01