justicedao/ipfs_state_laws huggingface dataset:
291-041-0017 Adult in Custody Legal Storage Boxes (1) Storage boxes for adult in custody legal materials, whether provided by the department or purchased by the adult in custody, may be inspected by staff at any time for the presence of non-legal materials. (2) Any material found that fits the definition of contraband will be confiscated, except for material that might also fit the definition of authorized legal material. (Refer to Definitions, OAR 291-041-0010) Staff should not read, copy, or retain any material that might be construed as being authorized legal material (i.e. papers, folders, letters, etc.). (3) If the inspecting staff member has reason to believe the box contains materials not authorized by the DOC rule on Property (AIC) , OAR 291-117, as authorized legal material, the staff member will seal the box and securely store it. (a) As soon as possible, a designated staff member will review the contents of the box with the adult in custody to make a determination about whether or not the materials in question fit the definition of authorized legal materials. (b) Unless a disciplinary report is issued, any material confiscated will be placed in a sealed envelope, initialed and addressed by the adult in custody, and sent out of the institution at the adult in custody’s expense to a person of their choosing. (c) If a disciplinary report is issued, the material will be placed in a sealed envelope, initialed by the adult in custody, and placed in evidence pending the result of the disciplinary hearing. 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 2-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08
291-041-0018 Training The department shall train staff assigned to supervise adults in custody in how to conduct cross-gender searches, and searches of transgender and intersex adults in custody, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. 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 2-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 5-2016, f. & cert. ef. 3-24-16 DOC 9-2014, f. & cert. ef. 3-4-14 DOC 5-2014(Temp), f. & cert. ef. 1-17-14 thru 7-16-14 DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14
291-041-0030 Employees, Volunteers, Contractors and Other Agency Liaison (1) When to Search: Except as provided in rule OAR 291‑041‑0015, a DOC employee, OCE employee or non-employee service provider may be requested to submit to personal search of their person, vehicle or other possessions on department property only when there is reasonable suspicion that the employee, or non-employee service provider is in possession of unauthorized property or contraband and that the search and confiscation is necessary to substantiate the suspected violation. (2) Who is Involved in the Search: (a) Upon reasonable suspicion, a functional unit manager or designee may request the security manager or officer-in-charge to conduct the search of a DOC employee, OCE employee, or non-emplolyee service provider, their vehicle, or other possessions. The DOC employee, OCE employee or non-employee service provider shall be present during the search of their vehicle or other possessions. (b) DOC or OCE employees, or non-employee srevice providers will be afforded privacy during the search, which will be conducted in a professional manner so as to avoid any undue embarrassment or indignity to the individual. (c) Refusal of a DOC or OCE employee to submit to a reasonable suspicion search may constitute grounds for disciplinary action. (3) Searches conducted by DOC staff shall be the same gender as the DOC employee, OCE employee, or non-employee service provider. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & ORS 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 2-2020, amend filed 01/29/2020, effective 01/31/2020 DOC 5-2016, f. & cert. ef. 3-24-16 DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08 DOC 13-2000, f. & cert. ef. 6-19-00 DOC 25-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-99 CD 4-1991, f. & cert. ef. 1-22-91 CD 12-1989, f. & cert. ef. 6-30-89 CD 46-1985, f. & cert. ef. 8-16-85 CD 42-1981, f. & cert. ef. 10-30-81 CD 10-1981(Temp), f. & cert. ef. 5-5-81 CD 24-1980, f. & cert. ef. 7-3-80 CD 42-1978, f. 12-19-78, cert. ef. 12-20-78
291-041-0035 Visitors (1) When to Search: A search of a visitor will generally occur only when the visitor consents and there is reasonable suspicion that the visitor is in possession of contraband, and that the search and confiscation is vitally necessary to substantiate the suspected violation. (a) Consent is not required when a delay or non-consent would constitute a direct and immediate threat to the safety and security of the facility. (b) Consent is not required when the search is conducted pursuant to an arrest or to protect the safety of staff or other persons. (2) If a Crime is Suspected: If alleged commission of a criminal offense is involved, the matter will fall within the jurisdiction of appropriate law enforcement agencies, which will be promptly notified. (3) Conduct the Search: Searches of visitors at a Department of Corrections facility will be conducted at the direction of the functional unit manager or designee, or the Department of Corrections Inspector General or designee, based upon reasonable suspicion that the visitor is in possession of unauthorized property or contraband. (a) Visitor searches may be conducted by authorized Corrections staff or by an authorized law enforcement officer. If requested, authorized Corrections staff may assist law enforcement officers in conducting any search, investigation, or arrest of a visitor. Searches conducted by DOC staff shall be the same gender as the visitor. (b) Adequate facilities must be provided for the search which shall be done in a professional manner so as not to cause undue embarrassment to the visitor. The subject of the search will be advised of search procedures (i.e., removal of clothing, visual inspection of cavities, etc.) prior to the search. (c) If an internal examination is indicated, this shall be done only by competent medical personnel at the direction of the law enforcement official conducting the search. (4) After Search or Inspection: Those individuals who refuse to be searched or, who after being searched were found to be in possession of unauthorized property or contraband, shall have their visiting status immediately suspended and will be sanctioned as provided in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127). 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 5-2016, f. & cert. ef. 3-24-16 DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08 CD 4-1991, f. & cert. ef. 1-22-91 CD 12-1989, f. & cert. ef. 6-30-89 CD 46-1985, f. & ef. 8-16-85 CD 24-1980, f. & ef. 7-3-80 CD 42-1978, f. 12-19-78, ef. 12-20-78
291-042-0005 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 methods and criteria by which urinalysis testing will be conducted for substances of abuse to ensure compliance with OAR 333-024-0360. (3) Policy: It is the policy of the Department of Corrections to: (a) Address the presence and use of substances of abuse in its facilities to reduce or eliminate use and to monitor compliance with laws through the use of urinalysis testing that is accurate and reliable; and (b) Establish criteria for urinalysis testing of adults in the custody of the Department of Corrections. (A) The department has a responsibility to protect the public, to provide a safe environment for staff and adults in custody, and to enforce the rules governing prohibited conduct. Substance abuse presents a threat to the safety of all staff and adults in custody. Urinalysis testing of adults in custody by use of random and for-cause testing criteria, combined with appropriate graduated sanctions and/or treatment, is an effective means of reducing substance abuse, trafficking and related violations which are prohibited within Department of Corrections facilities in accordance with the rule on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). (B) These measures are implemented to reduce institution violence, and to the extent feasible, ensure that adults in custody released from correctional facilities are not abusing substances. The testing process further identifies adults in custody who have continued to have a substance-abuse problem while incarcerated and could be monitored more closely while on community supervision. Urinalysis testing also provides a mechanism to identify those adults in custody with substance abuse problems and target them for more frequent testing and treatment. (C) The department shall use the same gender staff, or the gender approved by the Transgender and Intersex Committee for a specific adult in custody, to administer the collection of urine samples 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 15-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 1-2009, f. & cert. ef. 1-22-09 Reverted to DOC 24-2000, f. & cert. ef. 11-21-00 DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08 DOC 24-2000, f. & cert. ef. 11-21-00 CD 28-1997, f. & cert. ef. 12-5-97 CD 9-1997(Temp), f. & cert. ef. 6-13-97 CD 31-1993, f. 12-16-93, cert. ef. 1-3-94 CD 18-1990, f. & cert. ef. 9-21-90 CD 5-1986, f. & ef. 3-14-86 CD 1-1986(Temp), f. & ef. 1-16-86
291-042-0010 Definitions (1) Adult in Custody (AIC): Any person under supervision of the Department of Corrections, who is not on parole, post-prison supervision, or probation status. (2) Assistant Inspector General: The department employee who oversees drug interdiction efforts and supervision of substance of abuse urinalysis testing. (3) Chain of custody: The handling of specimens in a way which supports legal testimony to prove that the sample integrity and identification of the sample have not been violated, as well as the documentation describing these procedures from specimen collection to final report. (4) Confirmatory test: A highly specific test to identify a substance of abuse or metabolite after a positive screening, based on a different analytical method than that of the initial screening test, at or below the cutoff concentration used for the screening test. (5) Medical status report: A report that lists the names of AICs who, due to a documented medical condition, may need additional time or medical assistance besides the initial two-hour time period to provide a urine sample. (6) Screening: Performing initial tests designed to separate substances of abuse at a particular minimum concentration from those below that minimum concentration (positive versus negative). (7) Substance of Abuse (SOA): Ethanol, or other intoxicants (including marijuana) and controlled substances, except those used as allowed by law and as defined in ORS Chapter 475 or as used in ORS 689.005. (8) Substance of Abuse (SOA) Coordinator: An individual appointed by the functional unit manager who is responsible for all aspects of substance of abuse testing in the facility. (9) “Substance of abuse laboratory” or “SOA laboratory”: A facility where initial biochemical examinations are performed on a specimen for the purpose of screening for the detection of substances of abuse for medical purposes or non-medical purposes by automated methods. This includes licensed clinical laboratories screening for substances of abuse. 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 15-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 1-2009, f. & cert. ef. 1-22-09 Reverted to DOC 24-2000, f. & cert. ef. 11-21-00 DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08 DOC 24-2000, f. & cert. ef. 11-21-00 CD 28-1997, f. & cert. ef. 12-5-97 CD 9-1997(Temp), f. & cert. ef. 6-13-97 CD 31-1993, f. 12-16-93, cert. ef. 1-3-94 CD 18-1990, f. & cert. ef. 9-21-90 CD 5-1986, f. & ef. 3-14-86 CD 1-1986(Temp), f. & ef. 1-16-86
291-042-0011 Training Requirements (1) The functional unit manager of sites that are collecting urine for urinalysis testing will appoint an SOA coordinator. The SOA coordinator will ensure that only those persons who have successfully completed training will collect urine samples. The training must be approved by the Professional Development Unit and the Assistant Inspector General. The successful completion of this training will be recorded in approved Department of Corrections training records. (2) The SOA coordinator will ensure that Chain of Custody forms are properly filled out and retained. This Chain of Custody form will be kept for the required retention period by the SOA laboratory conducting confirmatory tests. The logs will contain at least the following information: (a) Name and SID number of the person being tested; (b) The substances tested for; (c) Date and time the specimen was obtained; and (d) Person obtaining the specimen. 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 15-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 1-2009, f. & cert. ef. 1-22-09 Reverted to DOC 24-2000, f. & cert. ef. 11-21-00 DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08 DOC 24-2000, f. & cert. ef. 11-21-00 CD 28-1997, f. & cert. ef. 12-5-97 CD 9-1997(Temp), f. & cert. ef. 6-13-97 CD 16-1994, f. 8-17-94, cert. ef. 9-1-94
291-042-0025 Baseline Test Selection Protocol (1) Approximately 5% of the AIC population will be picked at random by the department's Research Unit each month for urinalysis testing. Random selection will be completed by a designated computer program. Functional unit managers will designate employee(s) who are authorized to receive and secure these lists until testing. (2) The list shall be secured until the specimens can be obtained. (3) The list shall remain "confidential" and be marked as such at all times. Only those staff members designated to receive the list and those designated to collect the sample will view the list. AICs are strictly prohibited from observing the list at any time. AICs are strictly prohibited from entering any area where the list is located. (4) Staff will draw samples from each AIC on the list within 72 hours. If a listed AIC or an entire list of AICs is not tested for any reason (transferred, out-to-court, staff shortage, etc.), a written explanation signed by the functional unit manager or designee will be forwarded to the Salem Investigations Office within 72 hours from the beginning date when the samples were supposed to be collected. (5) All urine samples obtained under the random testing program will be forwarded to the approved contract SOA laboratory for testing. 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 15-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 1-2009, f. & cert. ef. 1-22-09 Reverted to DOC 24-2000, f. & cert. ef. 11-21-00 DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08 DOC 24-2000, f. & cert. ef. 11-21-00 CD 28-1997, f. & cert. ef. 12-5-97 CD 9-1997(Temp), f. & cert. ef. 6-13-97 CD 31-1993, f. 12-16-93, cert. ef. 1-3-94
291-042-0035 Testing Profile Requirements (1) A urine specimen may be obtained by department staff from any AIC, regardless of the AIC’s programming when: (a) The AIC has a history of substance abuse; (b) The AIC is going out on or returning from an authorized, unescorted leave; (c) There is suspicion that the AIC is using substances of abuse; (d) The AIC is selected on a random basis to provide a urine specimen; or (e) The AIC is assigned to a work crew outside the facility. (2) Mandatory Testing: (a) In 100% of cases when there is suspicion that an AIC is using substance of abuse, a specimen shall be obtained. (b) Urine samples obtained on the grounds of suspicion shall not be included as part of the 5% collected for the random urinalysis testing. 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 15-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 1-2009, f. & cert. ef. 1-22-09 Reverted to DOC 24-2000, f. & cert. ef. 11-21-00 DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08 DOC 24-2000, f. & cert. ef. 11-21-00 CD 28-1997, f. & cert. ef. 12-5-97 CD 9-1997(Temp), f. & cert. ef. 6-13-97 CD 31-1993, f. 12-16-93, cert. ef. 1-3-94
291-046-0005 Authority, Purpose and Policy (1) 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 provide a method to administratively house inmates in Department of Corrections facilities who: (a) Constitute a continuing or immediate threat to the safety, security, and orderly operation of the facility; or (b) Require protective custody. (3) Policy: It is the policy of the Department of Corrections to administratively house those inmates in Department of Corrections facilities whose notoriety, actions or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors or other inmates. 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 18-2008, f. 7-18-08, cert. ef. 7-21-08 CD 30-1997, f. 12-19-97, cert. ef. 1-1-98 CD 28-1987, f. & ef. 6-5-87 CD 47-1985, f. & ef. 8-16-85 CD 19-1980, f. & ef. 5-30-80 CD 7-1980(Temp), f. & ef. 4-1-80
291-046-0010 Definitions (1) Administrative Housing: Housing separate and apart from the general population, including facilities, rooms, or cells for inmates whose actions, or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors, or other inmates or for those inmates who require protective custody and no other reasonable housing alternative is available. (2) Administrative Hold: An involuntary or voluntary temporary administrative housing assignment not to exceed 30 days by order of the functional unit manager or designee only when he/she determines there is sufficient evidence to believe immediate assignment is necessary to protect the safety, security and orderly operation of the facility. (3) Administrative Segregation: Administrative housing for those inmates whose notoriety, actions, or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors, or other inmates. (4) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (5) Inmate: Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status. (6) Officer in Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or officer of the day are not readily available. (7) Protective Custody: Administrative housing for those inmates who consent in writing and for which no reasonable housing alternative is available or for those inmates who are considered by staff to require protective custody but do not volunteer to sign consent for such placement. (8) Reasonable Grounds: Information that is of such credibility that it would induce a reasonably prudent person to use it in the conduct of their serious affairs. (9) Special Needs Inmate Evaluation Committee (SNIEC): An institution committee that reviews, evaluates, and manages the needs of special population inmates housed in the custody of Department of Corrections facilities. (10) Special Population Management Committee (SPM): A committee that is composed of at least three department staff to include a representative from Institution Operations, Behavioral Health Services, and the Office of Population Management. 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 18-2008, f. 7-18-08, cert. ef. 7-21-08 CD 30-1997, f. 12-19-97, cert. ef. 1-1-98 CD 28-1987, f. & ef. 6-5-87 CD 47-1985, f. & ef. 8-16-85 CD 19-1980, f. & ef. 5-30-80 CD 7-1980(Temp), f. & ef. 4-1-80
291-046-0014 Administrative Hold An inmate may be voluntarily or involuntarily assigned to administrative housing for a period not to exceed 30 days without a hearing. Any assignment exceeding 30 days must follow the procedures outlined under OAR 291-046-0020 (Voluntary Administrative Housing) or 291-046-0025 (Involuntary Administrative Housing). 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 18-2008, f. 7-18-08, cert. ef. 7-21-08
291-046-0020 Voluntary Administrative Housing (1) An inmate may be voluntarily placed in protective custody for a period in excess of 30 days without a hearing only when: (a) He/she consents in writing; (b) There is substantial evidence that protective custody is warranted and such evidence is documented; (c) There is no reasonable alternative available; and (d) The functional unit manager or designee authorizes such an assignment. (2) The voluntary housing packet for protective custody will contain information as outlined in the Department’s policy on Administrative Housing (40.3.3). (3) Once the functional unit manager or designee has signed the voluntary assignment, the functional unit manager or designee will forward the voluntary packet recommending assignments over 30 days to the SPM Committee. Upon receipt of the voluntary packet, the SPM Committee will review the information and determine which administrative housing unit the inmate will be assigned. 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 18-2008, f. 7-18-08, cert. ef. 7-21-08 CD 30-1997, f. 12-19-97, cert. ef. 1-1-98 CD 47-1985, f. & ef. 8-16-85 CD 19-1980, f. & ef. 5-30-80 CD 7-1980(Temp), f. & ef. 4-1-80