justicedao/ipfs_state_laws huggingface dataset:
291-207-0010 Definitions (1) Automated Criminal Risk Score (ACRS): A statistical calculation developed by the department’s Research Section to predict an offender’s risk of re-offending within three years of release. (2) Case Management: A proactive, collaborative, multi-disciplinary process which assesses, plans, implements, coordinates, monitors and evaluates options and services to meet an individual’s need or risks, a well as responsivity factors. Case management is the process which links all the elements involved in an inmate’s management. The process of case management unifies procedures and personnel to balance departmental resources and an inmate’s needs through his/her term of incarceration and community supervision. (3) Evidence Based Practices (EBP): The body of research and clinical knowledge that describes correctional assessment, programming and supervision strategies that lead to improved correctional outcomes such as the rehabilitation of inmates and increased public safety. Such principles only meet the public’s expectations for economical business strategies, efficiency and effectiveness but also reflect fairness and accountability. (4) Multi-disciplinary Team: Stakeholders from different divisions within a functional unit who come together to provide comprehensive assessment, consultation and perspectives concerning an inmate’s incarceration and successful reentry to the community. (5) Oregon Accountability Model: A plan composed of six components that is designed to strengthen the department’s ability to hold inmates accountable for their actions and department staff accountable for achieving the mission and vision of the department. (6) Reentry: The activities and programming conducted to prepare inmates to return safely to the community and to live as law abiding citizens. Reentry includes the release process, the flow of inmates back into communities and how they are supervised after release, the effects on public safety as a result, how the Department of Corrections manages releases, and what communities can do to absorb and reintegrate returning offenders. 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 16-2011, f. & cert. ef. 8-15-11
291-207-0015 General Guidelines (1) The department will utilize case management strategies, in conjunction with the Oregon Accountability Model in order to involve all employees in managing inmates to reinforce the department mission to hold inmates accountable for their actions and reduce the risk of future criminal behavior. (2) Correctional Case Management will be used to coordinate with all other institution business units to provide appropriate work, housing, educational, programmatic, and transitional interventions to determine the inmate’s case planning and supervision throughout the inmate’s incarceration. (3) Correctional Case Management will provide the framework for responsible management of inmate placements and transition, in support of evidence-based practices for case planning. (4) The Correctional Case Management approach will be used to approve inmate transfers from one institution to another, based on a holistic correctional programming approach that facilitates each individual inmate’s rehabilitation. 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 16-2011, f. & cert. ef. 8-15-11
291-207-0020 Admission (1) Inmates who have been sentenced to the Department of Corrections or who have violated their parole and post-prison supervision will be committed to the Intake Center located at Coffee Creek Correctional Facility, except for (a) and (b) below. (a) Male inmates sentenced to death are routed to the Oregon State Penitentiary special housing unit. Female inmates sentenced to death are routed to Coffee Creek Correctional Facility special housing unit. (b) Male inmates that require intensive confinement or where special medical or mental health care is essential may be routed to an approved DOC facility other than the Intake Center. (2) The intake process will generally be completed with a 30-day period. (a) All inmates will receive an initial classification to determine custody level. (b) All inmates will be assessed and evaluated to set a basic level of service, based upon assessed criminal risk factors and need. (c) All inmates will receive an automated criminal risk score (ACRS) to determine initial case planning and supervision level assignment. (d) Inmates will be assigned to an institution or housing unit based upon their correctional needs upon completion of the inmate assessment. 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 16-2011, f. & cert. ef. 8-15-11
291-207-0025 Correctional Case Management (1) Correctional Case Management is a shared responsibility of all DOC employees, contractors and volunteers in the day-to-day interaction of managing inmates and through a multi-disciplinary approach in support of the key components of the Oregon Accountability Model. (2) Case planning begins and is continuously assessed as the inmate transfers between institutions based upon the inmate’s correctional needs. The inmate’s primary institution counselor is responsible to develop, document and monitor the inmate’s needs and corresponding resources to address those needs, along with timelines including forecasting custody classification changes and subsequent facility transfers for provisions of interventions and housing management as outlined in the policy on Correctional Case Management (90.1.3). (3) Supervision levels will be determined by the relative frequency and intensity of interventions, contact, and available services needed to ensure productive incarceration and successful reentry. (4) Resources will be targeted to inmates most likely to recidivate based on assessed criminal risk factors and need. 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 16-2011, f. & cert. ef. 8-15-11
291-207-0030 Release (1) Correctional Case Management is used to prepare an inmate for reentry into the community. This includes release preparation, reentry programming, community responsibilities, supervision responsibilities, family support, employment readiness and barriers to successful reentry. (2) The department will make every effort to secure identification records, such as birth certificates, social security cards, and Department of Motor Vehicles photo identification cards, for all inmates prior to release. (3) In preparation for release, the department will provide inmates with: (a) Verification of the inmate’s work history while in the custody of the department. (b) Certification of any educational programs completed by the inmate while in the custody of the department. (c) Certification of any treatment programs completed by the inmate while in the custody of the department. (4) Release counselors and transitions coordinators will assist inmates in developing a release plan to prepare for reentry into the community that may include, but will not be limited to, identifying a releasing residence, transportation from the institution, potential support systems, and community resources. (5) Prior to an inmate’s earliest projected release date, a release counselor will begin preparation of an inmate’s proposed release plan. (a) Release counselors will collaborate with other department stakeholders, outside agencies and contacts to prepare a proposed release plan for each inmate who will have supervision post-release that falls under the jurisdiction of the Board of Parole and Post-Prison Supervision. (b) The proposed release plan will include recommended conditions of supervision. (c) The proposed release plan will be submitted to the Board of Parole and Post-Prison Supervision no less than 60 days prior to the earliest release date for their review and approval, except in the case of an immediate release or if an inmate arrives at Intake with less than 60 days to the earliest release date. (d) If the proposed release plan is not approved by the Board of Parole and Post-Prison Supervision they will return it to the release counselor with recommended modifications. (e) The release counselor shall modify the plan and re-submit the revised version prior to the inmate’s release, and prior to the Board of Parole and Post-Prison Supervision issuing the Order of Supervision. 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 10-2018, amend filed 06/01/2018, effective 06/01/2018 DOC 16-2011, f. & cert. ef. 8-15-11
291-208-0010 Authority, Purpose, Policy, and Applicability (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, 423.075, and 423.490. (2) Purpose: The purpose of these rules is to prescribe the manner in which a county may submit a claim to the Department of Corrections for reimbursement for the costs of incarcerating persons sentenced under ORS 813.011, as authorized in ORS 423.490, including the costs of pretrial incarceration. (3) Policy: (a) It is the policy of the Department of Corrections to reimburse counties for the costs of incarcerating persons sentenced under ORS 813.011, as authorized under ORS 423.490 including the costs of pretrial incarceration, in accordance with these rules from moneys appropriated to the Department of Corrections for this purpose. (b) Applicability: Reimbursement to counties for the costs of incarcerating offenders under these rules is limited to incarceration costs for offenders who committed the crime of Felony Driving Under the Influence of Intoxicants on or after December 2, 2010 Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 813.012, 423.490 & 813.011 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 813.012, 423.490 & 813.011 History: DOC 18-2018, amend filed 07/18/2018, effective 07/18/2018 DOC 3-2012, f. & cert. ef. 1-27-12 DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12
291-208-0020 Definitions (1) Incarceration: For the purposes of these rules, incarceration means confinement in a local correctional facility. This does not include confinement in an alternative form of incarceration, including but not limited to work release, work crew, home detention, or day reporting. (2) Local Correctional Facility: For the purposes of these rules, a local correctional facility means a local or regional jail for the reception and confinement of prisoners that is provided, maintained, and operated by a county or city and holds persons for more than 36 hours. (3) Qualifying sentence: For purposes of these rules a qualifying sentence means any sentence imposed for a conviction for Felony Driving Under the Influence of Intoxicants committed on or after December 2, 2010. (4) Offender: For purposes of this rule, an offender means a person who is sentenced to serve a qualifying sentence. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012 History: DOC 5-2018, minor correction filed 05/04/2018, effective 05/04/2018 DOC 3-2012, f. & cert. ef. 1-27-12 DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12
291-208-0040 Rate of Reimbursement (1) Reimbursement to counties from the Department of Corrections for the costs of incarcerating an offender under these rules will be calculated using the rate at which the department provides funds to counties under ORS 423.530 for persons sentenced to 12 months or less of incarceration. (2) The rate of reimbursement shall be established by the Department of Corrections each biennium. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012 History: DOC 6-2018, minor correction filed 05/04/2018, effective 05/04/2018 DOC 3-2012, f. & cert. ef. 1-27-12 DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12
291-208-0050 Limits of Reimbursement (1) In no case shall reimbursement to a county for the costs of incarcerating an offender exceed the number of days of incarceration ordered by the court. (2) The total amount of funds paid by the Department of Corrections as reimbursement to counties for incarceration costs under these rules in a biennium will not exceed the amount of funds appropriated to the Department of Corrections for this purpose. (3) Reimbursements made to counties under these rules are subject to audit by the Department of Corrections. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.490, 813.011 & 813.012 History: DOC 7-2018, minor correction filed 05/04/2018, effective 05/04/2018 DOC 3-2012, f. & cert. ef. 1-27-12 DOC 17-2011(Temp), f. & cert. ef. 9-9-11 thru 3-7-12
291-209-0010 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 137.633, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to describe how an adult on supervision may receive a reduction in the period of probation or post-prison supervision in accordance with the provisions of ORS 137.633. (3) Policy: (a) It is the policy of the Department of Corrections that the supervisory authority considers eligible adults on supervision for a reduction in the period of probation or post-prison supervision as provided in these rules. (b) These rules apply to persons convicted of a felony, a designated drug-related misdemeanor or a designated person misdemeanor and sentenced on or after August 1, 2013 to probation, to post-prison supervision or to the legal and physical custody of the Department of Corrections or the supervisory authority under ORS 137.124. (c) These rules do not apply to those whose supervision has been transferred to Oregon under the Interstate Compact for Adult Offender Supervision. Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 History: DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024 DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024 DOC 5-2022, amend filed 06/29/2022, effective 06/29/2022 DOC 19-2018, amend filed 07/18/2018, effective 07/18/2018 DOC 6-2016, f. & cert. ef. 3-30-16 DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16 DOC 21-2014, f. & cert. ef. 11-4-14 DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14
291-209-0020 Definitions (1) Administrative Sanctions: Sanctions for violating the conditions of supervision that are imposed by the Department of Corrections, the Board of Parole and Post-Prison Supervision or a county community corrections agency, in accordance with ORS 137.593, 137.595, 137.597, 144.109, or 144.346, any provision of ORS Chapter 137 or 144, or administrative rules adopted by the Criminal Justice Commission or Board of Parole and Post-Prison Supervision. Administrative sanctions are less than a revocation action and include, but are not limited to local confinement in jails, restitution centers, work release centers, treatment facilities, or similar facilities or community services work, work crew, and house arrest. (2) Adult on Supervision: For purposes of this rule, any person under the supervision of a local community corrections agency who is on probation or post-prison supervision status. (3) Case Plan: A dynamic document created collaboratively with an adult on supervision that specifically identifies their evidence-based assessed risk and needs, accompanied by risk reduction interventions, action plans, and behavior change plans, with timelines. (4) Compensatory Fines: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured by the act constituting a crime has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). (5) Earned Discharge: A discharge from probation or post-prison supervision prior to the scheduled supervision expiration date. (6) Interventions: Interventions imposed by the Department of Corrections or a county community corrections agency for violations of one or more conditions of supervision. Interventions include, but are not limited to, verbal reprimand, written reprimand, job search programming, increased reporting requirements, curfew, day reporting, modification of conditions, or outpatient treatment. Intervention responses are not counted as custody units and may be imposed along with administrative sanctions. (7) Restitution: Full, partial, or nominal payment of economic damages to a victim. (8) Supervising Officer: The parole and probation officer assigned to supervise the adult on supervision. (9) Supervision: The supervising officer's regular contact with or monitoring of the adult on supervision to assure continued compliance with the general and special conditions of supervision. (10) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate correction supervision services, custodial facilities, or both per ORS 144.087(1). Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 History: DOC 5-2022, amend filed 06/29/2022, effective 06/29/2022 DOC 6-2016, f. & cert. ef. 3-30-16 DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16 DOC 21-2014, f. & cert. ef. 11-4-14 DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14
291-209-0030 Procedures (1) A person is not eligible for earned discharge under subsection (2) of these rules if the person is serving: (a) A sentence for a crime described in: (A) ORS 163.095 (Aggravated, Attempted Aggravated, or Conspiracy to Commit Aggravated Murder); (B) ORS 163.107 (Murder I, Attempted Murder 1, or Conspiracy to Commit Murder 1); (C) ORS 163.115 (Murder II, Attempted Murder II, or Conspiracy to Commit Murder II); (D) ORS 163.118 (Manslaughter I); (E) ORS 163.125 (Manslaughter II); (F) ORS 163.149 (Aggravated Vehicular Homicide); (G) ORS 163.185 (Assault I); (H) ORS 163.225 (Kidnapping II); (I) ORS 163.235 (Kidnapping I); (J) ORS 163.365 (Rape II); (K) ORS 163.375 (Rape I); (L) ORS 163.395 (Sodomy II); (M) ORS 163.405 (Sodomy I); (N) ORS 163.408 (Unlawful Sexual Penetration II); (O) ORS 163.411 (Unlawful Sexual Penetration I); (P) ORS 163.427 (Sexual Abuse I); (Q) ORS 163.670 (Use of a Child in Display of Sexually Explicit Conduct); (R) ORS 164.325 (Arson I); (S) ORS 164.415 (Robbery I); or (T) ORS 167.017 (Compelling Prostitution); (b) A sentence for attempt or conspiracy to commit a crime described in ORS 163.095,163.107, or 163.115; (c) A sentence for a crime committed prior to November 1, 1989; (d) A sentence imposed under the provisions of ORS 161.610 (Enhanced Penalty for Use of a Firearm During Commission of a Felony); (e) A sentence imposed under the provisions of ORS 161.725 (Standard for Sentencing of Dangerous Offenders) or 161.735 (Procedure for Determining Whether Defendant Dangerous); (f) A sentence imposed under the provisions of ORS 137.635 (Determinate Sentences Required for Certain Felony Convictions); (g) A sentence imposed under the provisions of: (A) ORS 137.690 (Major Felony Sex Crime); (B) ORS 164.061 (Sentence for Aggravated Theft I When Victim is 65 Years of Age or Older); (C) ORS 475.907 (Sentencing for Unlawful Delivery of Cocaine, Methamphetamine, Heroin, or Ecstasy to Minors); (D) ORS 475.925 or 475.930 (Sentences for Certain Controlled Substance Offenses); or (E) ORS 813.011 (Felony Driving Under the Influence of Intoxicants); or (h) A term of supervision subject to ORS 144.103. (2) The maximum reduction earned under this rule may not exceed 50 percent of the period of supervision imposed. (3) A reduction may not be used to shorten the period of supervision to less than six months. Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 History: DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024 DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024 DOC 5-2022, amend filed 06/29/2022, effective 06/29/2022 DOC 19-2018, amend filed 07/18/2018, effective 07/18/2018 DOC 6-2016, f. & cert. ef. 3-30-16 DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16 DOC 21-2014, f. & cert. ef. 11-4-14 DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14
291-209-0035 Notification At the time of the first meeting with the adult on supervision, the supervising officer shall notify the adult on supervision of their eligibility for earned discharge, and then at least quarterly, shall track and document their progress towards achieving earned discharge and share that document with them. Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 History: DOC 9-2024, amend filed 05/16/2024, effective 05/24/2024 DOC 17-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024 DOC 5-2022, adopt filed 06/29/2022, effective 06/29/2022
291-209-0070 Appeals Appeals will be processed through the supervisory authority’s grievance policy. Statutory/Other Authority: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.633, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 21-2014, f. & cert. ef. 11-4-14 DOC 18-2015(Temp), f. 12-28-15, cert. ef. 1-1-16 thru 6-28-16 DOC 21-2014, f. & cert. ef. 11-4-14 DOC 13-2014(Temp), f. 5-7-14, cert. ef. 5-13-14 thru 11-9-14
291-210-0010 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for the identification, assessment, review, and management of AICs who present or identify as transgender or intersex. (3) Policy: Within the inherent limitations of resources, and the need to maintain facility security, order and discipline, the health and safety of AICs and staff, and to further AIC rehabilitation, it is the policy of the Department of Corrections, based on available information, to: (a) Seek to identify AICs that present as transgender or intersex upon delivery to the Department of Corrections during intake processing; and (b) Assess, review, and manage AICs who identify as transgender or intersex on a case-by-case basis, in a respectful manner, considering each AIC’s individual circumstances, including but not limited to the AIC’s physical sexual characteristics, gender identification, physical presentation, behavior, and programming 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 18-2019, amend filed 12/05/2019, effective 12/05/2019 DOC 10-2017, f. & cert. ef. 6-8-17 DOC 1-2017(Temp), f. & cert. ef. 2-15-17 thru 8-13-17 DOC 20-2014, f. & cert. ef. 10-13-14 DOC 15-2014(Temp), f. & cert. ef. 6-25-14 thru 12-22-14