justicedao/ipfs_state_laws huggingface dataset:
291-037-0010 Definitions (1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (2) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, probation, or post-prison supervision status. (3) Department of Corrections Facility: Any institution, facility, or employee office, including the grounds, operated by the Department of Corrections. (4) Employee: For the purposes of these rules, any person employed full-time, part-time or under temporary appointment by the department; any person under a contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services to department programs. (5) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations. (6) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, the Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324 History: DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025 DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022 CD 18-1989, f. & cert. ef. 9-8-89 CD 10-1989(Temp), f. & cert. ef. 6-20-89 Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89 CD 43-1986, f. & ef. 10-17-86 CD 44-1985, f. & ef. 8-16-85 CD 13-1983, f. & ef. 3-18-83 CD 6-1979, f. 3-2-79, ef. 3-7-79 CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79
291-037-0015 Requests for Department Public Records (1) Persons other than adults in custody wishing to request public records from the Department of Corrections shall: (a) Establish a customer account and submit a request for public records using the department’s public records portal found online at Oregon.gov/doc; or (b) Mail or hand-deliver a written request for public records addressed to the Oregon Department of Corrections Public Records program manager at the following address: 3723 Fairview Industrial Dr SE #200, Salem, OR 97310. (c) Additional information regarding requesting public records from the Department of Corrections is available to the public on the department’s website at Oregon.gov/doc. (2 ) Adults in custody wishing to request public records from the Department of Corrections shall submit a written request for public records to the department's functional unit manager where the record is located. (3) At a minimum, requests for public records must: (a) Include the requester’s name (first and last); (b) Include the requester’s mailing address or contact email address; and (c) Adequately describe the record requested, including subject matter. (4) To aid employees in locating responsive records, and reduce the department’s fees to requesters for doing so, requesters should provide as much information as possible to describe the record requested, including: (a) Names of persons involved; (b) Relevant dates and timeframes of the matter that is the subject of the record; and (c) If an adult in custody is the subject of the requested record, the state identification number (SID #) of the adult in custody, if known. (5) Requests for records that require a written disclosure authorization or court order authorizing the department to disclose the record (for example, protected health records, alcohol and drug treatment records, trust account records, and education records) must be accompanied by a legally valid and enforceable written disclosure authorization or a court order. (6) If the record requested is not located in the Department of Corrections functional unit where the request is received, or the request is sent to the incorrect functional unit manager, the request will be forwarded to the appropriate Department of Corrections functional unit manager where the record is located. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324 History: DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025 DOC 14-2025, temporary amend filed 07/16/2025, effective 07/16/2025 through 01/02/2026 DOC 12-2025, temporary amend filed 07/03/2025, effective 07/07/2025 through 01/02/2026 DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022 CD 18-1989, f. & cert. ef. 9-8-89 CD 10-1989(Temp), f. & cert. ef. 6-20-89 Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89 Renumbered from 291-010-0100, CD 13-1983, f. & ef. 3-18-83 CD 6-1979, f. 3-2-79, ef. 3-7-79 CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79 CD 32, f. & ef. 4-5-76
291-037-0020 Processing of Public Records Requests (1) The functional unit manager will designate one (1) or more employees to review records for release. (2) The designated employee will process the request for records in accordance with the Public Records Law, codified at ORS 192.311 to 192.478. (3) Proper and reasonable opportunity for inspection or to obtain copies of nonexempt public records will be provided, consistent with security requirements at each department facility and functional unit and as the circumstances warrant. (a) The department’s ability to accommodate requests for in-person inspection of records is subject to employee and equipment availability. (b) The functional unit manager will designate an employee to supervise inspection of nonexempt records. (4) If the requested records contain both information that is subject to disclosure and information that is exempt from disclosure, the exempt information will be segregated from the nonexempt information, where possible, and the nonexempt information will be provided. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 192.318 & 192.324 History: DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025 DOC 2-2022, amend filed 04/14/2022, effective 04/14/2022 CD 3-1994, f. 2-17-94, cert. ef. 3-1-94 CD 18-1989, f. & cert. ef. 9-8-89 CD 10-1989(Temp), f. & cert. ef. 6-20-89 Suspended by CD 3-1989(Temp), f. & cert. ef. 3-10-89 CD 44-1985, f. & ef. 8-16-85 CD 13-1983, f. & ef. 3-18-83 CD 6-1979, f. 3-2-79, ef. 3-7-79 CD 36-1978(Temp), f. & ef. 11-17-78 thru 3-16-79 CD 32, f. & ef. 4-5-76
291-037-0035 Fees and Payment for Public Records (1) The department’s fees for processing and making available nonexempt records include, but is not limited to, employee time to search, gather, review, and copy the records. The department fee schedule is set out below: (a) Clerical work at $25.00 per hour; (b) Managerial work at $40.00 per hour; (c) Professional work at $75.00 per hour; (d) Copies at current state printing and distribution price list; (e) Media costs set in statewide price agreement; (f) Postage at current postal rates; (g) Actual additional costs for services for which no fee has been established (for example, computer time; travel, shipping, or communication costs; fees to retrieve records from archives; etc.) shall be determined by the department; and (h) Department of Justice and other applicable legal fees shall be assessed at the actual hourly rate charged for public records related services (such as, reviewing public records, redacting material from the records, or segregating the records into exempt and nonexempt records). Fees are subject to statutory limitations described in ORS 192.440. (2) If the department can process a request for records in less than 30 minutes of employee time, the department will not charge to search, gather, and review the records. (a) Copy and media costs will be assessed as appropriate. (b) For audio recordings, a flat rate of $5.00 plus the cost of the media will be charged when it takes less than 30 minutes of employee time to search, gather, copy, and review the records. Actual time and fees for media will be charged if over 30 minutes of employee time to search, gather, copy, and review records. (c) Only one 30-minute fee waiver will be granted to a requester who files fragmented or multiple small requests within a 60-day period that in the aggregate requires more than 30 minutes of employee time to process. (3) Except as noted below, no inspection or duplication of a record is authorized until payment has been received. (a) Payments must be received in the form of a money order, cashier's check, or business check made payable to the Oregon Department of Corrections. (b) An adult in custody must submit a signed Withdrawal of Funds form (CD 28D) and have sufficient funds on their trust account at the time they make a public records request. The Withdrawal of Funds form (CD 28D) must be successfully processed and the funds received prior to the release of records. (4) Fees for inspection or duplication by other government agencies or contractors responsible for the treatment of adults in custody or adults on supervision may be waived as outlined in 291-037-0040. (5) The fee schedule for copies of adult in custody health records is established in OAR 291-124. (6) The fee schedule for copies of adult in custody trust records is established in OAR 291-158. Statutory/Other Authority: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075 History: DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025 DOC 2-2022, adopt filed 04/14/2022, effective 04/14/2022
291-037-0040 Fee Waiver or Reduction (1) Any person requesting a fee waiver or reduction must submit their request in writing to the department for consideration. (2) The department may furnish copies without charge or at a substantially reduced fee if the department determines that a fee waiver or reduction in fees is in the public interest because making the record available primarily benefits the general public. (3) If the department decides to furnish copies at a reduced fee, it will do so in accordance with the following reduced fee schedule: (a) Clerical work at $20.00 per hour; (b) Managerial work at $32.00 per hour; (c) Professional work at $60.00 per hour; (d) Copies at current state printing and distribution price list; (e) Media costs set in statewide price agreement; (f) Postage at current postal rates; (g) No additional cost considerations will be passed on to the requester under this reduced fee structure; and (h) Department of Justice or other applicable legal fees at $75.00 per hour. Fees are subject to statutory limitations described in ORS 192.440. (4) The department will notify the requester in writing of the department’s decision regarding the fee waiver or reduction request. Statutory/Other Authority: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 192.318, 192.324, 423.020, 423.030 & 423.075 History: DOC 21-2025, amend filed 12/10/2025, effective 12/10/2025 DOC 2-2022, adopt filed 04/14/2022, effective 04/14/2022
291-038-0005 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 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to establish the criteria for a uniform presentence report format for use by the sentencing court and the Board of Parole and Post-Prison Supervision in accordance with requirements of ORS 144.791. If no presentence report is prepared, the Department of Corrections shall prepare a report of similar content for the Board of Parole and Post-Prison Supervision in accordance with 144.185. (3) Policy: The Department of Corrections realizes the importance of identifying and reporting current and valid information concerning convicted offenders; further, it is imperative that the preparation and presentation of this information is accomplished in a standard, consistent manner and meets the requirements specified in ORS 144.791. The presentence report shall provide information such that it is a useful tool in the supervision and management of the offender and in reducing future criminal conduct. Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 History: DOC 10-2010, f. & cert. ef. 9-8-10 DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98 CD 32-1986, f. & ef. 9-19-86
291-038-0010 Definitions Victim: ORS 137.530 defines a victim as “the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member of the immediate family of the decedent." Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 History: DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98 CD 32-1986, f. & ef. 9-19-86
291-038-0030 Presentence Report — Victim Contact When a presentence report is made, the preparer of the report shall: (1) Make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim. If contacting the victim directly might be detrimental, and if a statement about the effect of the crime on the victim can be gathered through another method, such as through a victim advocate, the writer may use professional judgment in deciding how to include a victim statement in the report. (2) If the victim is under 18 years of age, obtain the consent of the victim's parents or guardian before contacting the victim. (3) Include the statement of the victim in the presentence investigation report. (4) If unable to contact the victim or if the victim declines to make a statement, report that he/she was unable to contact the victim after making reasonable efforts to do so, or if the contact was made with the victim, that the victim declined to make a statement. (5) Before taking a statement from the victim, inform the victim that the statement will be made available to the defendant and the defendant's counsel prior to sentencing as required under ORS 137.079. Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 History: DOC 4-2020, amend filed 02/19/2020, effective 02/19/2020 DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98 CD 32-1986, f. & ef. 9-19-86
291-038-0040 Post-Sentence Reports If the defendant is committed to the custody of the Department of Corrections without a presentence report, the Department shall prepare a report of similar content to the presentence report at the request of and for submission to the Board of Parole and Post-Prison Supervision. Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 History: DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98 CD 32-1986, f. & ef. 9-19-86
291-038-0050 Presentence Report Disclosure The presentence report is not a public record and shall be made available only to the court, district attorney, defendant or defendant’s counsel, community corrections staff in the county of supervision, and the Board of Parole and Post-Prison Supervision. Statutory/Other Authority: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.077, 137.079, 144.120, 144.185, 144.791, 179.040, 423.020, 423.030 & 423.075 History: DOC 9-1998, f. 4-17-98, cert. ef. 5-1-98 CD 32-1986, f. & ef. 9-19-86
291-039-0005 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: It is the purpose of this rule to establish uniform procedures and guidelines for the release of information to all persons including the news media. Information will be released regarding the Department of Corrections programs, services, facilities, and its employees, contractors, volunteers, and in-mates/offenders. (3) Policy: It is the policy of the Department of Corrections that prompt and accurate responses will be given to inquiries by all persons including the news media. Information released will be consistent with all laws governing the release of public information and the disclosure of public records. Statutory/Other Authority: ORS 179.040, 192, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 15-1993, f. 6-7-93, cert. ef. 6-25-93 CD 25-1990, f. & cert. ef. 12-4-90 CD 52-1986, f. & ef. 11-20-86 CD 45-1985, f. & ef. 8-16-85 CD 2-1983, f. & ef. 1-4-83 CD 12-1979, f. & ef. 5-17-79
291-039-0020 News Media Centers During Major Emergencies (1) News media centers have been established in the event a major disturbance or emergency situation occurs in a Department of Corrections facility. The news media centers are identified on Exhibit 1, “News Media Centers.” [Exhibit not included. See ED. NOTE.] NOTE: An alternate news media center will be established and announced if the disturbance or emergency involves or renders the predesignated news media center as unusable. (2) The functional unit manager will designate a news media center and notify the Communications Manager of its location for any facility established after promulgation of this rule. (3) During times of a major disturbance or emergency, news media representatives will be directed to report to the designated news media center. (4) The news media centers will be the only areas in which briefings will be held, unless otherwise notified. (5) The Communications Manager or the public information officer will provide appropriate news briefings consistent with the needs of the Department to maintain or restore order, safety, and security. (6) If space limitations will not accommodate all media, a “pooling” arrangement will be established by the Communications Manager wherein the functional unit will enable the designated media source to provide sound and visual equipment. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 179.040, 192, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 15-1993, f. 6-7-93, cert. ef. 6-25-93 CD 25-1990, f. & cert. ef. 12-4-90 CD 52-1986, f. & ef. 11-2-86 CD 45-1985, f. & ef. 8-16-85 CD 2-1983, f. & ef. 1-4-83 CD 12-1979, f. & ef. 5-17-79
291-039-0025 News Media — Reporting of Unusual Incidents Instructions to Department employees regarding the reporting of unusual incidents are specified in the Department of Corrections policy on Unusual Incident Report Process (40.1.6.) Statutory/Other Authority: ORS 179.040, 192, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 3-2007, f. & cert. ef. 4-16-07 CD 15-1993, f. 6-7-93, cert. ef. 6-25-93 CD 25-1990, f. & cert. ef. 12-4-90 CD 45-1985, f. & cert. ef. 8-16-85 CD 2-1983, f. & cert. ef. l-4-83 CD 12-1979, f. & cert. ef. 5-17-79
291-041-0005 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: To ensure safety and security of the Department of Corrections facilities. (3) Policy: In order to maintain proper control over persons under its supervision and to ensure the safety and security of its facilities, it is the policy of the Department of Corrections, that any person employed by or volunteering with the department or Oregon Corrections Enterprises, or any person visiting or living in a Department of Corrections facility may be subject to search at any time in accordance with the procedures outlined in this 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 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 11-1984, f. & cert. ef. 4-11-84 CD 36-1983(Temp), f. & cert. ef. 10-14-83 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
291-041-0015 General Guidelines (1) All adults in custody, DOC and OCE employees, and non-employee service providers, housed, working or visiting in a Department of Corrections facility will be subject to search of their persons, cells or other living units, work areas, vehicles, possessions, and other property in accordance with the procedures provided in this rule. (a) In addition, all such persons will be subject to security inspection by means of a security device such as a metal detector, if such exists. (b) Accompanying property brought into or taken out of a Department of Corrections facility by a visitor or a DOC or OCE employee, or a non-employee service provider may also be subject to visual and/or physical examination by staff members assigned to such duty by the functional unit manager or designee, or the Department of Corrections Inspector General or designee. (c) Drug detection dogs may be used to assist authorized Department of Corrections personnel to detect and control contraband within Department of Corrections facilities and property. (2) Vehicular Traffic: Careful inspection of all vehicular traffic and supplies coming into or leaving the institution will be conducted. Use of detectors at vehicle gates and entrances to the facility may be used to facilitate searches of all persons, packages, brief cases, etc. (3) All vehicles brought onto Department of Corrections premises are subject to search. 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 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 24-1980, f. & cert. ef. 7-3-80 CD 42-1978, f. 12-19-78, cert. ef. 12-20-78
291-041-0016 Religious Activity Areas and Religious Items In accordance with these rules and the rules on Religious Activities (OAR 291-143), searches of adult in custody religious activity areas and authorized religious or spiritual items (including hair and garments worn) shall be conducted in a manner that reflects an awareness of and sensitivity to individual religious beliefs, practices, and respect for the authorized objects, symbols, and hairstyles used in the religious practice. 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 2-2008, f. 2-1-08, cert. ef. 2-4-08 CD 1-1996, f. 1-26-96, cert. ef. 2-1-96