justicedao/ipfs_state_laws huggingface dataset:
291-073-0040 Desirable Criteria for Minimum Security Work Camp Sites The desirable criteria for minimum security work camps sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered. (1) A proposed site which is available at little or no cost. (2) A proposed site which has 25–30 acres with 30 acres being the preferred size. (3) A proposed site which is square or nearly so. (4) A proposed site in which the topography will minimize earthwork, foundation, construction costs, and surface or subsurface drainage construction costs. (5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges. (6) A proposed site which is rural; isolated locations are appropriate. (7) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity. (8) A proposed site which has appropriate soil percolation capacity to use septic tank and drain field if one is proposed for the site. (9) A proposed site with existing buildings that can be remodeled for utilization in new construction. (10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage, or subsurface high-water table. (11) A proposed site not having an environmental, ecological, cultural, or historic feature or condition which cannot be mitigated with remediation or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to wetlands, historic or culturally significant sites, or habitat for federally designated threatened and endangered species. (12) A proposed site that maximizes the use of present Department of Corrections facilities and considers such institution management issues as warehousing, adult in custody transportation, and adult in custody management, etc. (13) A proposed site which has judicial, emergency, and support services availability: (a) Thirty minutes or less to local or state police, full-service fire department, and emergency medical transport or care; and (b) Sixty minutes or less response time from licensed full service in-patient care hospital that accepts Oregon Health Plan payment. (14) A proposed site which can identify adult in custody work opportunities by either the public or private sector. (15) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community. (16) A community able to cost-effectively provide: (a) Food, fuel, equipment, spare parts, and maintenance to the facility; and (b) Support services to adults in custody, including counseling, religious, job training, and education. Statutory/Other Authority: ORS 179.040, 421.614, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.614, 423.020, 423.030 & 423.075 History: DOC 7-2022, amend filed 08/16/2022, effective 08/16/2022 CD 13-1996, f. & cert. ef. 10-1-96 CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97
291-073-0100 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 as policy of the Department of Corrections the appropriate utilization of approximately 104 acres of real property owned by the department situated in Marion County, Oregon, inside the City of Salem bordering the Oregon State Correctional Institution described in Exhibit A and hereinafter referred to as the "Savanna Haven Property." (3) Policy: (a) As provided in the Oregon Sustainability Act, ORS 184.423, Oregon agencies, in their operations, “should help reduce adverse impacts on native habitats and species and help restore ecological processes.” (b) The department understands that utilization of the Savanna Haven Property must be in compliance with the following: (A) ORS 184.423; (B) ORS 276.054; (C) City of Salem zoning requirement; and (D) Salem Area Comprehensive Plan (Southeast Salem Area Plan). (c) Consistent with the Oregon Sustainability Act and with the values and purposes described more fully below, it is the policy of the Department of Corrections to maintain and utilize the Savanna Haven Property in a manner that preserves the habitat values of the existing oak savanna and secures the area from commercial and industrial encroachment, as set forth in these rules. [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, 184.423, 276.054, 423.020, 423.030 & 423.075 History: DOC 8-2014, f. & cert. ef. 3-3-14
291-075-0005 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 provide for the reporting, receipt, investigation, and resolution of citizen complaints concerning the Department of Corrections, its employees, and inmates and offenders under its jurisdiction. (3) Policy: It is the policy of the Department of Corrections that citizen complaints about the Department of Corrections personnel, programs and operations shall be logged and promptly investigated. Corrective action shall be taken if indicated, and a response furnished to the complainant. 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: CD 7-1992, f. 3-27-92, cert. ef. 3-31-92 CD 11-1987, f. & ef. 1-22-87 CD 13-1985, f. & ef. 7-31-85 CD 46-1983, f. & ef. 12-2-83 CD 30-1983(Temp), f. & ef. 9-1-83
291-075-0010 Definitions (1) Citizen Complaint: Any person writing to the Governor’s Office requesting a response regarding the Oregon Department of Corrections. (2) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an assistant director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. (3) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization. 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 13-2010, f. & cert. ef. 9-15-10 DOC 14-2000, f. & cert. ef. 6-19-00 DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00 CD 7-1992, f. 3-27-92, cert. ef. 3-31-92 CD 11-1987, f. & ef. 1-22-87 CD 13-1985, f. & ef. 7-31-85 CD 46-1983, f. & ef. 12-2-83 CD 30-1983(Temp), f. & ef. 9-1-83
291-075-0015 Procedures (1) All citizen complaints directed to the Governor’s Office and forwarded to the Department of Corrections regarding the Department or Oregon Corrections Enterprises shall be reviewed and logged by the Director’s designee. The citizen complaint shall be assigned to the functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office for investigation. All complaints alleging criminal conduct will be referred to the Oregon State Police by the Inspector General for review and investigation as appropriate. (a) The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall investigate the complaint and submit a response to the Director’s designee within the assigned timeframe. The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall recommend corrective action if the investigation reveals such action is needed. (b) Where necessary corrective action has been recommended, that action shall be taken upon the approval of the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office. When a letter of response is needed, the letter shall be prepared with the signature of the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office as appropriate. (c) A response delineating the investigation and action taken shall be signed by the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office and given to the complainant within the assigned timeframe. A copy of the response will be forwarded to the Governor’s Office. If additional investigation time is required, the Governor’s Office will be informed in advance so that the complainant will be appropriately notified. (2) Citizen complaints received by a functional unit or Oregon Corrections Enterprises shall be promptly investigated by the functional unit manager or designee at the location where the complaint is received and a response prepared and returned to the complainant within the assigned timeframe. (3) A record will be kept of all complaints received, responses, and supporting documentation. The record shall be retained for a minimum of three years by the Director’s designee. 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 13-2010, f. & cert. ef. 9-15-10 DOC 14-2000, f. & cert. ef. 6-19-00 DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00 CD 7-1992, f. 3-27-92, cert. ef. 3-31-92 CD 11-1987, f. & ef. 1-22-87 CD 13-1985, f. & ef. 7-31-85 CD 46-1983, f. & ef. 12-2-83 CD 30-1983(Temp), f. & ef. 9-1-83
291-076-0010 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 prevent suicides among the inmate population. (3) Policy: It is the policy of the Department of Corrections to provide immediate assistance whenever an inmate demonstrates, or is reported to be at risk of self-destructive behavior. 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: CD 4-1997, f. & cert. ef. 2-12-97
291-076-0020 Definitions (1) Behavioral Health Services (BHS): A unit of ODOC Health Services with primary responsibility for the assessment and treatment of inmates with mental illness and developmental disabilities. (2) Mental Health Provider: Any person employed by the Department or engaged by contract with the Department for the explicit purpose of providing mental health services. (3) Suicide Assessment: A brief but formal assessment of mental status conducted by a mental health provider or a registered nurse in consultation with a mental health provider, concluding with a judged level of suicidal risk. (4) Suicide Attempt: Any self-injury requiring significant medical intervention as determined by a mental health provider (5) Suicide Close Observation: In moderate risk situations, unobstructed visual observation of the inmate is required at staggered intervals, not to exceed 15 minutes, with recorded observation within each 15 minute interval. (6) Suicide Warning Signs: The following list provides some of the indicators of suicide potential: (a) Talk of suicide, threats of suicide; (b) Extreme sadness or crying; (c) Apathy, loss of interest in all or almost all people and activities; (d) Loss of appetite or weight; (e) Walking or completing tasks at an unusually slow speed; (f) Difficulty concentrating or thinking; (g) Sleep disturbances; (h) Emotional flatness; seems numb, non-reactive; (i) Difficulty carrying out routine tasks; e.g., eating, dressing, etc.; (j) Tension and agitation; inability to relax or sit still, pacing, hand wringing; (k) Withdrawal, silent, uncommunicative; (l) Pessimistic attitude about the future; (m) Emotional outbursts, sudden expression of anger for no apparent reason; or (n) Feeling of hopelessness and helplessness. (7) Suicide Watch: In high risk situations, continuous and unobstructed one-to-one view of the inmate is required at all times with recorded observation within each 15-minute interval. 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 20-2008, f. & cert. ef. 8-14-08 DOC 23-2000, f. & cert. ef. 11-6-00 CD 4-1997, f. & cert. ef. 2-12-97
291-076-0040 Temporarily suspended until 03/30/2026. This rule language is not currently in effect. Review (1) Suicide Review: If a suicide occurs, a formal suicide review will be completed as assigned by the Inspector General, including a review of the inmate’s Health Services files, related materials, and interviews of staff. (a) The actual review of the Health Services files, related materials, and interviews of staff will be conducted by a multi-disciplinary team comprised of an assigned Special Investigations Unit manager, Assistant Superintendent of Security, Medical Services manager and Behavioral Health Services manager from a facility other than the facility where the suicide occurred. (b) The Inspector General will appoint the chair of the team. (c) The team will write a review and submit it to the Inspector General. (d) The Inspector General will submit the review to the Director, Deputy Director, Assistant Director for Operations, Health Services Administrator, Behavioral Health Services Administrator, and the functional unit manager where the suicide occurred. (2) Attempted Suicide Review: The Director, Deputy Director, Inspector General, Health Services Administrator, Assistant Director for Operations or Behavioral Health Services Administrator may request a formal review from a multi-disciplinary team as described in (1) above for any suicide attempt. 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 17-2025, temporary suspend filed 10/02/2025, effective 10/02/2025 through 03/30/2026 DOC 20-2008, f. & cert. ef. 8-14-08
291-077-0010 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, 421.440, 423.020, 423.030, and 423.075 and Article I, Section 41 of the Oregon Constitution. (2) Purpose: The purpose of this rule is to establish Department of Corrections policy and procedures governing its provision and distribution of monetary awards and other incentives to inmates made under the department’s Performance Recognition and Awards System (PRAS). (3) Policy: (a) Within the inherent limitations of resources and the need for facility security, safety, health and order, it is the policy of the Department of Corrections to make available to inmates monetary awards and other incentives to recognize and encourage good institutional conduct. This includes exceptional performance in work and workforce development assignments and in self-improvement programs that address the criminal behaviors that led to their incarceration. (b) Monetary awards provided to inmates under the PRAS and these rules are made available solely at the discretion of the Department, and may include the following: (A) Performance awards that support the development of good performance and behaviors by inmates in Department of Corrections facilities; and (B) Special Meritorious Awards that reward exceptional acts or behaviors by inmates that contribute to the safe and orderly operation of Department of Corrections facilities. (c) Non-Monetary Incentives: Functional unit managers will examine the assets and practices of their facility and develop and implement non-monetary incentives that support the mission of the Department of Corrections and motivate inmates toward positive institutional behaviors and program compliance. 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 14-2003, f. 9-25-03, cert. ef. 10-1-03 Reverted to CD 7-1997, f. 5-19-97, cert. ef. 6-1-97 DOC 22-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 3-29-01 CD 7-1997, f. 5-19-97, cert. ef. 6-1-97 CD 1-1997(Temp), f. & cert. ef. 2-1-97 CD 21-1996(Temp), f. & cert. ef. 12-3-96
291-077-0040 Special Meritorious Awards Inmates are eligible to be considered at the discretion of the department for special meritorious awards, as follows: (1) Exceptional Acts or Behaviors: The functional unit manager may grant an inmate a special meritorious award for exceptionally positive acts or behaviors of significant benefit to the agency, staff, inmates, or the public, as follows: (a) Acts of outstanding heroism; (b) Satisfactory performance of an unusually difficult or hazardous assignment that requires personal responsibility related to public safety; (c) Suggestions which result in substantial improvement of programs or definite economies of operation; or (d) Other clearly exceptional or outstanding services which are consistent with the character of, but are not specified in, the above. (2) Monthly Team Goals: The functional unit manager may grant inmates involved in a program assignment that emphasizes teamwork a special meritorious award to recognize their achievement in meeting team goals: (a) The goals must be team-based, related to established job standards, and have measurable objectives that exceed the established job standards, as approved by the Assistant Director for Programs or designee. (b) Established job standards, may include, but are not limited to, avoidance of injuries, meeting safety standards, efficient use of resources, maintaining equipment in operational status, team communication and sharing responsibilities. Statutory/Other Authority: ORS 179.040, 421.440, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075 History: DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03 CD 7-1997, f. 5-19-97, cert. ef. 6-1-97 CD 21-1996(Temp), f. & cert. ef. 12-3-96
291-078-0005 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 this rule is to: (a) Provide uniform business practices in accordance with evidence-based practices of case management for adults on supervision in the community; (b) Establish a level of statewide consistency for the classification of adults on supervision based upon the risk of recidivism; (c) Operate on the principle of limited risk control and utilize an objective risk assessment tool for making classification decisions; (d) Quantify workload, including both investigative and supervision services; (e) Assign levels of supervision; (f) Provide the data necessary for policy decisions, program planning, effective utilization of resources, research, and evaluation; (g) Enhance corrections system credibility by providing a means of accountability through established auditing methods; and (h) Provide workload data which may be used for resource allocation. (3) Policy: (a) It is the policy of the Department of Corrections to target resources to those who are most likely to recidivate using evidence-based practices in a comprehensive case management approach . (b) All agencies are required to comply with these rules to access Community Corrections Act funds. (c) These rules shall apply to all individuals being supervised or investigated due to a felony or designated drug-related misdemeanor conviction or designated person misdemeanor conviction as well as diversions and deferred sentences, but not to game violations. 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 4-2024, amend filed 04/02/2024, effective 05/01/2024 DOC 3-2013, f. & cert. ef. 2-28-13 DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13 CD 12-1997, f. 7-23-97, cert. ef. 8-1-97 CD 15-1991, f. & cert. ef. 6-14-91
291-078-0026 Community Case Management and Planning (1) Individualized case plans shall be prepared on all high and medium risk adults on supervision within 60 days of admission to supervision or release from custody. Case plans may be prepared on all other adults on supervision at the discretion of the supervising county. (2) The behavior change plan, a component of the case plan, will: (a) Identify interventions, supervision strategies, programming, treatment, and educational or employment activities that are appropriate to the adult on supervision’s strengths and needs; (b) Promote positive change and assist in developing pro-social behaviors; (c) Be built in collaboration with the adult on supervision; (d) Be completed in the Offender Management System; (e) Contain or identify: (A) Primary criminogenic need(s); (B) Stage of change; (C) Prioritized goals based upon assessments such as the Level of Service/Case Management Inventory (LS/CMI), Women’s Risk Need Assessment (WRNA), Stable-2007 or Acute-2007 and Static 99R, Ontario Domestic Assault Risk Assessment (ODARA), mental health status, or any other instruments assessing need or risk to recidivate; and (D) Desired outcomes for each goal; (f) Identify strengths and weaknesses; and (g) Include interventions or tasks linking the adult on supervision to the appropriate services that: (A) Are specific, measurable, achievable, and realistic; (B) Are time specific and should not be identified as a range (for example, 30-60 days) or as an unspecified period of time (for example, as needed); (C) Identify who is responsible for accomplishing the interventions or tasks; (D) Are culturally specific or gender responsive whenever possible; and (E) Prioritize completion dates. (3) Agency staff should routinely review the case plan with the adult on supervision after each meaningful contact and updates should be made as indicated by the adult on supervision’s behavior, compliance with the plan, and responsivity to change. At a minimum, the case plan must be updated every six months. (4) Progress should be outcome oriented, measurable, and recorded in the case plan. (5) When goals and interventions identified in the behavior change plan are completed, they should be replaced by the next prioritized risk or need areas identified. 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 4-2024, amend filed 04/02/2024, effective 05/01/2024 DOC 3-2015, f. & cert. ef. 2-25-15 DOC 19-2014(Temp), f. & cert. ef. 8-29-14 thru 2-25-15 DOC 3-2013, f. & cert. ef. 2-28-13 DOC 9-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13