justicedao/ipfs_state_laws huggingface dataset:
416-470-0020 Prohibited Behaviors and Accountability Options (1) Prohibited YIC behaviors and appropriate Accountability Options are listed on a Youth in Custody Behavior Accountability Option Matrix (Exhibit 1). The Accountability Options imposed must reflect the severity and frequency of the prohibited behavior. (a) Levels Zero, One, and Two YIC prohibited behaviors listed on the Youth in Custody Behavior Accountability Option Matrix are Major Behavior Violations. (b) Level Three YIC Prohibited Behaviors listed on the Youth in Custody Behavior Accountability Option Matrix are Minor Behavior Violations. (2) Aiding another YIC to commit, attempting to commit, or making plans to commit any prohibited YIC behavior is considered the same as engaging in the behavior itself for purposes of imposing Accountability Options. (3) Any deviation from the Accountability Options for Major Behavior Violations listed on the Youth in Custody Behavior Accountability Option Matrix must be reasonable, authorized by the superintendent, camp director, or designee, and documented in writing. (4) The Youth in Custody Behavior Accountability Option Matrix must be given to each YIC upon initial admission into a youth correction facility. When a literacy or language barrier prevents a YIC from understanding the written document, a staff member or interpreter will assist the YIC in understanding. (5) A current Youth in Custody Behavior Accountability Option Matrix must be posted in each OYA facility living unit. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 13-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 8-2016, f. & cert. ef. 10-3-16 OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-470-0030 Behavior Violation Incident Reports (1) Staff must promptly prepare an incident report when they have reasonable belief that a YIC has committed a Major Behavior Violation. (2) Staff may resolve Minor Behavior Violations informally without preparing an incident report. (3) Incident reports prepared by staff must include, but are not limited to, the following information: (a) The specific prohibited behavior committed; (b) Any unusual YIC behavior; (c) Any witnesses; (d) Any physical evidence and its disposition; (e) Any immediate action taken, including the use of physical intervention; (f) Any injury to a YIC or staff; (g) Any Accountability Option used; and (h) The reporting staff’s name, date, and time of the report. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-470-0040 Behavior Violation Incident Review A review must occur after an incident report is written alleging that a YIC has committed a Major Behavior Violation. (1) The superintendent, camp director, or designee must review a behavior violation incident report within 24 hours, excluding weekends and holidays, of the time the violation report is written. The review must be completed without unreasonable delay unless there are exceptional circumstances for delaying the review. (2) The reviewer must be a staff member who was not involved in the incident. (3) The reviewer may investigate or cause an investigation of the related incident if, in the reviewer’s opinion, the Accountability Option appears excessive or inappropriate, or to clarify reported facts. (4) Administrative notifications of the related incident must be made according to OYA policy and procedure. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-470-0050 Youth in Custody Notification and Grievance Process (1) In addition to OAR 416-470-0020(4), staff must notify each YIC in writing promptly after the YIC’s initial arrival at an OYA facility of the following: (a) The YIC’s rights and responsibilities; (b) The process to access the OYA reporting line; and (c) Locations of YIC grievance and communication forms. (2) A YIC may appeal any Accountability Option imposed on the YIC, or incident report, through the YIC grievance process described in OAR 416, division 20. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 2-2025, amend filed 03/26/2025, effective 03/27/2025 OYA 7-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 8-2016, f. & cert. ef. 10-3-16 OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0000 Purpose (1) The provisions of these rules will be applied to youth in custody who are placed in OYA facilities. “Youth in custody” means a person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. (2) Federal laws allow all persons to hold individual religious beliefs. Youth in custody maintain this same right. While OYA will make every reasonable effort to allow youth in custody to practice the religion of their choice, OYA may restrict religious practice when: (a) There is a compelling interest to do so, including but not limited to legitimate security and operational considerations such as safety, health and order; rehabilitation or treatment-related issues; or limitations of resources; and (b) The imposed limitation is the least restrictive means of addressing the compelling interest. (3) OYA will apply the standards of these rules, and resulting policy and procedures, to all faiths to ensure that: (a) Youth in custody have reasonable opportunity for religious practice, unless a compelling reason exists to limit such practice; (b) Religious activities are provided in an orderly fashion through supervision by facility staff, contracted providers, or approved religious volunteers; (c) Religious programs encourage and foster understanding and respect for the diversity of religious beliefs and practices; and (d) Religious programs and practices, or any imposed limitations, are consistent with relevant provisions of federal and state regulations. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0010 Religious Program Coordinator Each OYA facility will designate a Religious Program Coordinator who coordinates religious activities within the facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0020 Religious Practice (1) OYA will provide youth in custody the opportunity for reasonable access to religious practice that includes, but is not limited to: (a) Regular religious services and ceremonies, including access to religious items; and (b) Special ceremonies, holiday services, sacraments, and expression including, but not limited to: (A) Religious requirements relating to head or facial hair consistent with the facility rules on hygiene and grooming; (B) Wearing or carrying a religious emblem, medal, medallion or other religious item (e.g., medicine pouch, religious medal, rosary, prayer feather); (C) Burning odor or smoke-producing substances (e.g., sage, sweet grass, and incense); (D) Individual and group pastoral counseling (in a native language where possible); (E) Religious or spiritual group meetings; (F) Religious moral instruction; and (G) Dietary accommodations, including dietary restrictions or special handling of food. (2) A youth in custody assigned to isolation will be provided the opportunity to practice religion but may not be permitted to participate in group activities, special ceremonies, or other practices that affect safety or security. (3) Each OYA facility will notify youth in custody of the schedule of religious activities. When possible, the facility will accommodate individual religious practice, including practices that call for particular times or calendar of lunar dates. (4) Tobacco products or alcohol are not permitted within OYA facilities. Exceptions may be requested from the OYA director. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0030 Religious Volunteers Persons in the community who represent a particular faith or belief may be used to provide services within OYA facilities only when prior authorized by OYA. Such authorization includes, but is not limited to: (1) Completion of the OYA volunteer application, screening, criminal history review, and training process as defined in OYA rules, policies and procedures; and (2) Screening of the individual’s qualifications to provide religious instruction or activities, including, but not limited to: (a) Whether the person is ordained, certified, licensed, or equivalent; (b) Whether the person is affiliated with an established church or religion; and (c) Whether the person has sufficient standing in the religion to provide religious education or guidance. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0040 Youth in Custody Requests (1) A youth in custody desiring to participate in a religious activity that is not currently available within the facility may request to do so by submitting to the Religious Program Coordinator a completed request with the following information: (a) The name of the religion or belief; (b) The title of religious activity requested; and (c) A brief description of the religious activity including: (A) The significance of the activity in the practice of the religion; (B) How often or under what circumstances the religious activity would be held if it were taking place in the community; (C) Minimum time and any physical requirements within which the religious activity may take place, including those of any defined segments of the activity; (D) Any materials that are required for the religious activity and their purpose or use, including a list of any items associated with the religious activity that the youth in custody would retain, if any; (E) The title (if any), function, and eligibility requirements for participants in the activity; and (F) The name, address, and phone number of a religious representative who can verify the above information. (2) The Religious Program Coordinator will review the request and consider: (a) The effects of the request on the safety and security of youth in custody or staff, and order of the facility; (b) Available resources to provide the activity; (c) Alternative means of meeting the request; (d) Similar practices in other facilities; and (e) Other issues specific to the request. (3) If no religious representative is available in the facility or among the current group of religious volunteers to conduct a religious activity, the request will be denied until such time as a person becomes available to do so. (a) The Religious Program Coordinator will seek out an individual from the community to conduct the religious activity, when necessary. (b) Youth in custody are not permitted to lead religious programs. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0050 Religious Designation (1) Upon intake, a youth in custody may designate any or no religious orientation as a preference. (2) After this initial declaration of faith, a youth in custody may officially record a change of faith only one time in any subsequent four months. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0060 Activity Areas (1) Each OYA facility will designate an area(s) appropriate for the conduct of approved religious activities. (2) All areas are subject to search in accordance with OYA rule, policy, and procedure, and in a manner that reflects an awareness of and sensitivity to individual religious beliefs and practices. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0070 Religious Items Items required for the conduct of a religious activity may be purchased and supplied by the OYA, or donated by a religious representative, religious volunteer, or other approved source at the discretion of the OYA. (1) All items utilized in religious practices are subject to search by OYA staff prior to introduction into the facility. Staff conducting such search will do so in a manner that reflects an awareness of and sensitivity to the individual religious belief and respect for the objects/symbols used in the religious practice. (2)(a) Items not approved will be considered contraband and subject to confiscation. (b) Supplying contraband is a felony, and the OYA will initiate criminal charges against any person committing such crime. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-480-0080 Decision Appeal (1) The Religious Program Coordinator will send a written decision to the youth in custody. A copy will be sent to the facility Superintendent/Camp Director. (2) A youth in custody may appeal a decision by submitting a letter to the facility Superintendent/Camp Director within 10 calendar days after receiving the denial. The Superintendent/Camp Director will collaborate with the Facility Services Assistant Director and OYA Director to review the matter. (a) Whenever there is a conflict between a request for a religious practice and a facility interest, the matter will be resolved by OYA in consultation with affected parties. When necessary, OYA will consult with appropriate religious representatives or other authorities as needed to clarify issues. (b) The decision of the OYA Director is final. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.108 History: OYA 8-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 4-2006, f. & cert. ef. 2-17-06 OYA 4-2002, f. & cert. ef. 1-18-02 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-490-0000 Purpose (1) The purpose of these rules is to provide guidance and direction on the use of Time-out, Room-lock Other, Isolation, Safety Programs, Physical Intervention, and restraint by OYA staff in the performance of their duties. These rules are written to minimize the risk of injury to youth in custody and staff, prevent serious destruction of state property, and meet OYA’s mission. (2) It is the policy of OYA to authorize different Interventions in circumstances specified in these rules. When a Time-out, Room-lock Other, Isolation, Safety Program, Physical Intervention, or restraint is authorized, the type, amount, and manner of use authorized are specified in these rules and OYA policy. (3) The use of Physical Intervention and restraint by OYA staff is authorized by the OYA director. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 10-2005, f. & cert. ef. 4-20-05 OYA 2-2001, f. & cert. ef. 2-27-01 OYA 8-2000(Temp), f. 9-28-00, cert. ef. 9-28-00 thru 2-26-01 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-490-0010 Definitions (1) Case Plan: A case plan is a formal plan with prescribed Interventions and documentation requirements and is a tool to assist staff in managing cases, setting goals and reviewing YICs' Interventions and progress. A case plan constitutes and fulfills the requirements of the Reformation Plan as defined in ORS 420A.005, 420A.125 and 420A.010 and is created and maintained in the statewide Juvenile Justice Information System (JJIS). (2) Intervention: The means by which a YIC's negative behavior is redirected to a more acceptable level. Staff Interventions are designed to alter the environment to allow the individual YIC to gain self-control and develop skills to change the YIC’s negative behavior. The type of Intervention used directly correlates to the behavior change needed. (3) Isolation: A crisis Intervention where a YIC is temporarily placed alone in a room with a locked door due to the YIC’s crisis behavior. (4) OYA: Oregon Youth Authority. (5) Physical Intervention: Direct physical contact where reasonable force is applied to a YIC either to restrict movement or mobility, or to disengage from harmful behavior. (6) Room-lock Other: An Intervention where a YIC is placed alone in a room with a locked door for a sleep program, medical separation, or the YIC has requested Time-out in a closed or locked room. (7) Safety Program: An intensive, YIC-specific, time-limited Intervention that modifies a YIC’s activities to focus on developing the YIC’s emotion regulation and problem-solving skills. (8) Security Restraints: Devices used to restrict physical activity. Security restraints include, but are not limited to, handcuffs and leg irons. (9) Time-out: A staff-supported, or YIC-requested, Intervention that helps a YIC emotionally re-regulate by separating the YIC from peers for a short period of time. (10) Youth in custody (YIC): A person in the legal and physical custody of OYA in a youth correction facility; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, amend filed 07/13/2018, effective 07/16/2018 OYA 2-2010, f. 2-12-10, cert. ef. 2-19-10 OYA 10-2005, f. & cert. ef. 4-20-05 OYA 10-2002, f. & cert. ef. 5-16-02 OYA 7-2001(Temp), f. & cert. ef. 11-16-01 thru 5-15-02 OYA 2-2001, f. & cert. ef. 2-27-01 OYA 8-2000(Temp), f.& cert. ef. 9-28-00 thru 2-26-01 OYA 7-2000, f. & cert. ef. 9-22-00 Reverted to OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96 OYA 3-2000(Temp), f. 5-26-00, cert. ef. 5-26-00 thru 9-15-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-490-0021 General Provisions (1) Staff Intervention on a YIC’s negative behavior is designed to alter the YIC’s environment to allow the YIC to regain self-control and develop skills to change the YIC’s behavior. The type of Intervention used must directly correlate to the behavior change needed. (2) Isolation may only be used when a YIC is in danger of physically harming others, where a serious threat of violence is present, or violence has occurred. (3) Physical Intervention or restraint may only be used when a YIC presents a danger to self or others, including to prevent substantial physical plant damage or serious compromise to facility operations, and to prevent an escape from a youth correction facility. (4) Isolation, restraint, or Physical Intervention is viewed as an exceptional or extreme practice. (5) Once initiated, the Intervention must be as limited in time as possible. (6) All staff expected to have a role in restraint and Physical Intervention must be trained and demonstrate competency. (7) Managers are held accountable at all times for initiating, using, and terminating Isolation, restraint, or Physical Intervention procedures. Accountability is a component of performance improvement efforts and staff competency evaluations. (8) Each YIC’s Case Plan must identify specific Interventions to be used to avoid Isolation, Safety Programs, restraint, or Physical Interventions, and address the YIC’s strengths and cultural issues. (9) Decisions to initiate Isolation procedures, planned restraint or Physical Interventions must include an assessment of the YIC’s history of sexual and physical abuse, violence, developmental disability, and medical or psychiatric issues pertinent to the decision. (10) Mental health services staff must be notified when YICs with either mental health or developmental disability issues are placed in Isolation or a Safety Program, restrained, or involved in Physical Interventions. (11) After an incident, YICs and staff must be involved in a clinically-timed post-procedure debriefing to determine how future incidents can be prevented. (12) YIC dignity must be maintained to the extent possible. (13) Time-out, Room-lock Other, Safety Program, Isolation, restraint, or Physical Intervention must not be initiated or maintained as a substitute for treatment, as punishment, or for staff convenience. (14) Isolation, Physical Intervention, and restraint are emergency safety Interventions, not therapeutic techniques, and are implemented in a manner designed to protect the YIC's safety, dignity, and emotional wellbeing. (15) Staff must reinforce the YIC’s positive behaviors and strengths and remain sensitive to cultural issues. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, adopt filed 07/13/2018, effective 07/16/2018
416-490-0025 Room-lock Other (1) The purpose of a Room-lock Other Intervention is to place a YIC alone in a room with a locked door for a sleep program, medical separation, or the YIC has requested Time-out in a closed or locked room. (2) A YIC may only participate in a sleep program during normal sleeping hours. A YIC may participate in a sleep program for reasons other than crisis behavior. (3) Only Health Services staff may direct physical separation of a YIC from the YIC’s peers for physical health reasons, and only when no other option is available. Staff must allow the YIC as much social interaction and out-of-room time as medically possible. (4) If a YIC is in Room-lock Other as part of a Time-out, OAR 416-490-0031 also applies. (5) Staff must monitor the YIC every 15 minutes and document observations in writing. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.105 & ORS 420A.108 History: OYA 9-2023, amend filed 01/10/2023, effective 01/10/2023 OYA 14-2018, adopt filed 07/13/2018, effective 07/16/2018