justicedao/ipfs_state_laws huggingface dataset:
291-100-0150 Release (1) An AIC shall not be released from confinement in a Department of Corrections facility except as authorized in writing by an appropriate releasing authority. (2) AICs serving a sentence(s) for crime(s) committed on or after November 1, 1989 shall be released from confinement on that sentence(s) only upon completion of their incarceration term, or upon receipt and verification of: (a) A court order or judgment requiring the AIC’s release; (b) A commutation or pardon order issued by the Governor requiring the AIC’s release; or (c) An order of release to post-prison supervision issued by the Board of Parole and Post-Prison Supervision for those sentences, in accordance with statutes, the Board has release authority over. (3) AICs serving a sentence(s) for crime(s) committed prior to November 1, 1989 shall be released from confinement on that sentence(s) only upon: (a) Receipt and verification of: (A) An order of parole release issued by the Board of Parole and Post-Prison Supervision; or (B) An order of parole-like release six months prior to the AIC’s good time date in the event an AIC refuses parole for crimes committed prior to September 20, 1985; or (C) A court order or judgment requiring the AIC’s release; or (D) A commutation or pardon order issued by the Governor requiring the AIC’s release (b) Discharge of a sentence, upon: (A) The good time date when the good time date is reached on or before a parole release date set by the Board of Parole and Post-Prison Supervision; or (B) For crimes committed prior to September 20, 1985, upon the good time date when the good time date is reached and the AIC has refused parole; or (C) Compelled parole pursuant to ORS 144.245(2) for crimes committed on or after September 20, 1985 and prior to November 1, 1989. (4) OISC staff shall receive and distribute to the Department of Corrections facility having physical custody of the AIC, any verified court order or judgment requiring the AIC’s release. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 5-2005, f. & cert. ef. 4-13-05 DOC 9-2002, f. & cert. ef. 7-12-02 DOC 2-2002(Temp), f. & cert. ef. 1-15-02 thru 7-14-02 CD 23-1993, f. 9-16-93, cert. ef. 9-20-93
291-100-0160 Adjusted Release Date (1) Pursuant to ORS 137.375, when an AIC’s release date falls on a Saturday, Sunday, or legal holiday, the AIC shall be released at the discretion of the releasing authority on the first, second, or third day preceding the date of release which is not a Saturday, Sunday, or legal holiday. The AIC may be released on the Wednesday or Thursday immediately prior to the release date if the release date interferes with community supervision or transitional planning. (2) The release counselor may request an adjusted release by submitting a Release Date Adjustment form (CD 1417) to the designated Reentry and Release Services staff. The designated Reentry and Release Services staff will approve or deny the request. This will be done on a case-by-case basis and documented on the Release Date Adjustment form (CD 1417). (3) Once approved or denied and upon receipt of the Release Date Adjustment form (CD 1417), the release counselor will notify the appropriate staff of the decision and provide a copy of the Release Date Adjustment form (CD 1417) to the facility’s OISC institution records office. (4) If a release date changes and there is no longer a need for an adjusted release date, the designated Reentry and Release Services staff will write “canceled” across the top of the Release Date Adjustment form (CD 1417) and send a copy to the release counselor who will forward a copy to the appropriate staff. Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075 History: DOC 12-2024, amend filed 07/05/2024, effective 07/05/2024 DOC 1-2019, amend filed 01/16/2019, effective 01/16/2019 DOC 5-2005, f. & cert. ef. 4-13-05
291-104-0106 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: (a) Establish Department of Corrections policy and procedures for identifying and assigning an appropriate custody level to each inmate committed or transferred to the Department of Corrections and housed in a Department of Corrections operated or contracted facility or those adult-sentenced youths in the custody of Oregon Youth Authority; (b) Provide information for population management and planning; and (c) Provide information to support the appropriate distribution of correctional resources for both inmate and agency needs. (3) Policy: (a) Custody Level: It is the policy of the Department of Corrections to assign each inmate committed or transferred to the custody of the department the lowest custody level deemed appropriate and to: (A) Provide the amount of supervision necessary to account for the inmate's whereabouts; (B) Provide for the safe, secure, and orderly operation of Department of Corrections facilities; (C) Provide reasonable protection to the general community, staff, and inmate population; (D) Allow each inmate to exercise independent responsibility commensurate with his or her demonstrated ability and behavior; and (E) Ensure the provision of appropriate inmate health care, mental health treatment, education, and work programs. (b) Housing Assignments: It is the policy of the Department of Corrections to assign an inmate housing consistent with his/her custody level, demonstrated behavior, and special needs. No Level 5 inmates shall be housed in a general population housing unit. (c) The following classification terminology directly corresponds when interpreting DOC administrative rules, policies, or procedures: (A) Level 5 — Maximum. (B) Level 4 — Close. (C) Level 3 — Medium. (D) Level 2 — Minimum. (E) Level 1 — Minimum. 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: Renumbered from 291-104-0005 by DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08 DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06 CD 20-1994, f. 9-21-94, cert. ef. 10-1-94 CD 18-1993, f. 6-7-93, cert. ef. 6-9-93 CD 14-1991, f. & cert. ef. 6-7-91 CD 2-1989, f. & cert. ef. 2-6-89
291-104-0116 Initial Classification (1) The Department of Corrections shall assign inmates an initial custody level in accordance with the Custody Classification Guide (Attachment 1) or the inmate’s Violence Predictor Score, whichever is higher. An inmate will generally be assigned an initial custody classification level within 30 days of admission to the physical custody of the Department of Corrections. (2) The Violence Predictor Score is used as a classification scoring element only during the first twelve months of an inmate’s incarceration in the Department of Corrections, and may be applied at the discretion of a Department of Corrections counselor after a thorough review of an inmate’s records. (3) Upon admission to the physical custody of the Department of Corrections, the inmate’s assigned counselor will determine an inmate’s initial custody level and forward the classification action to the functional unit manager or designee for approval. (4) No classification action is official until the functional unit manager or designee approves the classification action. (5) Final approval for any override of one step will be made by Intake or institution staff and shall be documented on the classification override comment screen, describing the override reason. (6) A custody classification override of more than a single step is not official until approved by the designated institution committee and the Classification Manager or designee. (7) A custody classification of Level 5 is not official until approved by the designated institution committee, the SPM Committee and the High Risk Placement Manager or designee. (8) An inmate may request a copy of his/her official classification action. (9) All official classification actions are historically recorded and maintained in the CIS system. (10) The Office of Population Management may modify any classification. In such cases, the affected facility will be notified of the reason(s) for the modification. [ED. NOTE: Attachments referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 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 5-2015, f. & cert. ef. 5-21-15 DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15 DOC 11-2014, f. & cert. ef. 5-1-14 DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14 DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08 DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06
291-104-0125 Classification Review (1) An inmate’s custody classification level will be reviewed when new information is received that affects a classification scoring policy element or when an inmate’s Violence Predictor Score has expired. (2) Custody Classification Levels 1–4: When new information is received that affects the inmate’s custody classification level, the inmate’s assigned counselor will review the classification action for accuracy and forward it to the functional unit manager for approval. (a) No classification action is official until the functional unit manager or designee approves the classification action. (b) Final approval for any override of one step will be made at the institutional level and shall be documented on the classification override comment screen describing the override reason. (c) Overrides of more than a single step are not official until approved by the designated institution committee and the Classification Manager or designee. (d) An inmate may request a copy of his/her official classification action. (e) All official classification actions are historically recorded and maintained in the CIS. (f) The Office of Population Management may modify any classification action. In such cases, the affected facility will be formally notified of the reason(s) for the modification. (g) Counselors may opt to review inmates with ICE detainers for override to Level 2 for placement or retention in a minimum facility. (3) Custody Classification Level 5: (a) When an inmate’s institutional behavior is determined to create serious management concerns, the classification action will be reviewed by the designated institution committee and forwarded to the Special Population Management (SPM) Committee for review. If the SPM committee approves an inmate’s classification at Level 5, the Office of Population Management will add an IMU5 designator and generate a new classification, which will be scored as custody classification Level 5. (b) Once an inmate is assigned to custody classification Level 5, the automated classification program will maintain the inmate’s Level 5 custody classification status until the IMU5 designator is removed, an IMUR designator is added, and a new classification is generated. The new classification will be scored at custody classification Level 4 for one year. 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 5-2015, f. & cert. ef. 5-21-15 DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15 DOC 11-2014, f. & cert. ef. 5-1-14 DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14 DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08 DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06
291-104-0140 Classification Quality Assurance Review (1) The Classification Manager is responsible for reviewing facility classification procedures and decisions. (2) Reviewing shall consist of routine review of custody Level 1 and 2 placements and review of individual classification actions at each facility. Such reviews shall be conducted to ensure: (a) The policies and procedures set forth in this rule are followed; and (b) The actions taken by the facility are adequately documented. (3) Findings inconsistent with rule and established procedures shall be documented and reported to the appropriate functional unit manager or to the Institution Administrator(s) for corrective action. (4) The Classification Manager is responsible to review the last classification action for any inmate who is involved in an escape or escape attempt from a Department of Corrections facility and to submit a report to the Operations Division Institution Administrators. 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 5-2015, f. & cert. ef. 5-21-15 DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15 DOC 11-2014, f. & cert. ef. 5-1-14 DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14 DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
291-105-0005 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, 421.068, 421.180, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to define the rules of conduct governing adults in custody and outline the procedures to be followed in processing disciplinary action(s). (3) Policy: (a) It is the policy of the Department of Corrections to hold adults in custody accountable for misconduct while incarcerated, and to promote and reinforce pro-social behavior by adults in custody, through a system of disciplinary rules and procedures that embrace the Oregon Accountability Model and Correctional Case Management. (b) Adults in custody under Department of Corrections supervision shall be disciplined for violation of specified rules of prohibited conduct in accordance with the procedures set forth in these rules. The primary objectives of these rules are: (A) To provide for the safe, secure, orderly, and efficient management of Department of Corrections facilities, the safety and security of department employees, the public, adults in custody, and property of the Department of Corrections; (B) To establish norms of acceptable conduct and consistent and fair procedures for the processing of misconduct reports for adults in custody; (C) To allow a range of appropriate disciplinary sanctions for violation of the rules of prohibited conduct for adults in custody; and (D) To encourage positive behavioral change. (c) To promote these objectives, adults in custody found in violation of the rules of prohibited conduct are issued individualized sanctions based upon the totality of the circumstances (including input from stakeholders, and the adult in custody’s behavior, strengths, and needs, subject to modification upon order of the Hearings Officer and functional unit manager or designee. (d) The department intends that the authorization in OAR 291-105-0100 to withdraw an order and direct the disciplinary hearing to be reopened applies retroactively to disciplinary orders issued on, before, or after these rules. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 History: DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11 DOC 11-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11 DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05 DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02 CD 16-1996, f. 11-13-96, cert. ef. 11-15-96 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 CD 5-1989, f. & cert. ef. 4-21-89 CD 29-1986, f. & ef. 8-20-86 CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86 CD 30-1985, f. & ef. 8-16-85 CD 8-1985(Temp), f. & ef. 6-19-85 CD 25-1982, f. & ef. 11-19-82 CD 13-1980, f. & ef. 4-15-80 CD 19-1979(Temp), f. & ef. 10-19-79 CD 7-1979, f. & ef. 3-14-79
291-105-0013 AIC Access to the Rules of Prohibited Conduct During the admission and orientation process, AICs will be provided with the Rules of Misconduct (291-105-0015) and Rights in Formal and Informal Hearings (291-105-0056). Spanish ‑ speaking AICs will receive copies in Spanish; other AICs with a language barrier will receive assistance from an individual who speaks their language. AICs with a visual, speech, or hearing disability shall be provided with assistance appropriate to the degree of their disability. In addition, OAR 291 ‑ 105 will be available for review in the legal library or general library of each facility. Copies also may be obtained in accordance with DOC rule 291-037 Release of Public Records, or from the library coordinator upon request at the AIC’s expense in accordance with DOC rule 291-139 Legal Affairs. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 History: DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11 DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02 CD 16-1996, f. 11-13-96, cert. ef. 11-15-96 CD 9-1995, f. 5-23-95, cert. ef. 6-1-95 CD 6-1993, f. 3-10-93, cert. ef. 4-1-93 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 CD 5-1989, f. & cert. ef. 4-21-89 CD 29-1986, f. & ef. 8-20-86 CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86
291-105-0036 Preparation of the Formal Record (1) The record of the formal hearing shall include: (a) The misconduct report(s); (b) The Notice of Hearing and Rights; (c) Supporting material; (d) The Final Order (Findings of Fact, Conclusions, and Order) issued by the Hearings Officer and the functional unit manager or designee. (2) A recording of the hearing shall not be a part of the record; however, it shall be prepared and provided to the Inspector General, Attorney General, or their designees or to the court, upon request. A copy of the recording of the hearing shall not be provided directly to the AIC by the Hearings Office. (3) Information received that is determined to be confidential shall be clearly labeled “confidential” and shall not be shared with or provided to AICs. (a) Confidential information may be summarized for the AIC at the time of the hearing, without releasing the confidential information verbatim or the name of a confidential informant. (b) Confidential information may be shared with the functional unit manager or designee. Confidential information may also be shared with department employees, the Attorney General, or the courts, with approval of the Inspector General or the Assistant Inspector General(s). Employee requests for confidential information shall be approved by the functional unit manager prior to being forwarded to the Inspector General or the Assistant Inspector General(s). (c) Such confidential information shall be archived in a secure area as determined by the Inspector General or Assistant Inspector General(s). Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 421.185, 421.190, 423.020, 423.030 & 423.075 History: DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11 DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05 DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02 CD 16-1996, f. 11-13-96, cert. ef. 11-15-96 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 CD 5-1989, f. & cert. ef. 4-21-89 CD 11-1988, f. & cert. ef. 8-19-88 CD 38-1987, f. & cert. ef. 10-2-87 CD 32-1987(Temp), f. & cert. ef. 8-5-87 CD 29-1986, f. & cert. cert. ef. 8-20-86 CD 6-1986(Temp), f. 3-14-86, cert. ef. 4-15-86 CD 30-1985, f. & cert. ef. 8-16-85 CD 25-1982, f. & cert. ef. 11-19-82 CD 13-1980, f. & cert. ef. 4-15-80 CD 19-1979(Temp), f. & cert. ef. 10-19-79
291-105-0041 Adjudicator Responsibilities (1) An adjudicator shall be appointed by the functional unit manager in each Department of Corrections facility. (2) The adjudicator will receive all minor misconduct reports, once they have been entered into the disciplinary system and assigned a case number. The adjudicator shall conduct an informal hearing on minor misconduct reports in accordance with OAR 291-105-0046. (3) The adjudicator shall not have been a witness of or participated in the event in any manner. (4) The adjudicator shall conduct the informal hearing and decide whether the AIC has violated the rule(s) as charged. The adjudicator may not add or change the violations in the misconduct report. (5) The adjudicator may dismiss the misconduct report(s) at any stage of the proceedings, with or without prejudice, stating in writing the reason(s) for the dismissal. A new misconduct report may be resubmitted utilizing the same process as provided in OAR 291-105-0021 if dismissed without prejudice or dismissed for insufficient evidence. (6) The adjudicator may decline to conduct an informal hearing and refer the case to the Hearings Officer for a formal hearing when the AIC’s mental competency is an issue. (7) Requests for a formal hearing for a misconduct report charging a minor rule violation(s) should be submitted to the adjudicator in writing in advance of the informal hearing or made verbally prior to the start of the informal hearing at the latest. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 History: DOC 8-2025, minor correction filed 05/12/2025, effective 05/12/2025 DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11 DOC 14-2008, f. & cert. ef. 6-2-08 DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05 DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02 DOC 16-2000, f. & cert. ef. 6-19-00 CD 16-1996, f. 11-13-96, cert. ef. 11-15-96 CD 9-1995, f. 5-23-95, cert. ef. 6-1-95 CD 6-1993, f. 3-10-93, cert. ef. 4-1-93 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 CD 5-1989, f. & cert. ef. 4-21-89 CD 29-1986, f. & ef. 8-20-86 CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86 CD 30-1985, f. & ef. 8-16-85 CD 8-1985(Temp), f. & ef. 6-19-85 CD 25-1982, f. & ef. 11-19-82 CD 13-1980, f. & ef. 4-15-80 CD 19-1979(Temp), f. & ef. 10-19-79