justicedao/ipfs_state_laws huggingface dataset:
416-115-0010 Definitions (1) Absconder: A juvenile on probation or parole who hides, conceals, or absents so that they are unavailable for the legal process or authorized control. (2) Accused Delinquent: A person charged with an offense, if committed by an adult would be a criminal offense. (3) Adjudicated Delinquent: A person found to have committed an offense that, if committed by an adult, would be a criminal offense. (4) Deputy Juvenile Compact Administrator: An Oregon Youth Authority employee appointed by the Director of the Oregon Youth Authority to serve as the general coordinator of activities, rules and policy developed to carry out the terms and provisions of the ICJ. (5) Escapee: A Juvenile who has made an unauthorized flight from in-custody status or a facility to which the Juvenile has been committed by a lawful authority. (6) Home State: The state where the parent(s), guardian(s), person, or agency having legal custody of the juvenile is residing or undertakes to reside. (7) Interstate Compact for Juveniles (ICJ): The agreement pertaining to the legally authorized transfer of supervision and care, as well as the return of juveniles from one state to another, which has been adopted by all member states that have enacted legislation in substantially the same language. The agreement does not include or provide for the transfer of court jurisdiction from one state to another. (8) Juvenile: Any person within the juvenile jurisdictional age limit of any court in the Home/Sending State, or any individual adjudicated delinquent within the Home/Sending state and who remains under custodial care or community supervision of the juvenile authority. (9) Runaway: A child under the juvenile jurisdictional age limit established by the state, who has run away from his/her place of residence, without the consent of the parent, guardian, person, or agency entitled to his/her legal custody. (10) Sending State: A state which has sent or is in the process of sending a juvenile to another state for supervision under the provisions of the ICJ. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 417.010 - 417.080 History: OYA 3-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021 OYA 5-2012, f. & cert. ef. 6-25-12 OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11 OYA 1-2007, f. & cert. ef. 2-13-07
416-115-0020 Eligibility for Services through the Interstate Compact for Juveniles (1) Juveniles under juvenile jurisdiction in the Sending State of any state that is a party to the ICJ are eligible for services pursuant to the provisions of the ICJ. (2) All Runaways, Absconders, Accused Delinquents and Escapees are eligible for services pursuant to the provisions of the ICJ. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 417.010 - 417.080 History: OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021 OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11 OYA 1-2007, f. & cert. ef. 2-13-07
416-115-0025 Standards for Juvenile Interstate Transfer of Supervision The Oregon Youth Authority adopts by this reference standards for the interstate transfer of adjudicated youth supervision and services set in the official ICJ rules, published by the Interstate Commission for Juveniles, as updated to reflect all amendments through March 1, 2022. The rules may be viewed at the Interstate Commission for Juveniles website at http://juvenilecompact.org/. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 417.010 - 417.080 History: OYA 3-2022, amend filed 09/06/2022, effective 09/06/2022 OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021 OYA 12-2018, amend filed 07/06/2018, effective 07/06/2018 OYA 3-2016, f. & cert. ef. 4-1-16 OYA 7-2015, f. & cert. ef. 10-7-15 OYA 3-2015(Temp), f. & cert. ef. 8-5-15 thru 1-21-16 OYA 5-2012, f. & cert. ef. 6-25-12 OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11
416-115-0030 Administration of the Interstate Compact for Juveniles The Oregon Youth Authority (OYA) Deputy Juvenile Compact Administrator will provide interpretation of the ICJ and coordination of all referrals or requests to: (1) Permit out-of-state supervision of a juvenile who should be sent to another state when eligible for parole or probation; (2) Permit out-of-state travel for an Adjudicated Delinquent; (3) Provide for the return of Accused Delinquents, Absconders, and Escapees to the states they left; (4) Provide for return of Runaways to their Home States who have not as yet been adjudged delinquent; and (5) Return juveniles to Oregon when ICJ placement fails. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 417.010 - 417.080 History: OYA 1-2021, amend filed 01/13/2021, effective 01/13/2021 OYA 5-2012, f. & cert. ef. 6-25-12 OYA 7-2011, f. 12-12-11, cert. ef. 12-14-11 OYA 1-2007, f. & cert. ef. 2-13-07
416-130-0000 Definitions (1) Person: Any natural person, corporation, partnership, firm, or association. (2) Public Record: Any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by a public body regardless of physical form or characteristics. (3) Writing: Handwriting, typewriting, printing, photographing and every means of recording including letters, words, pictures, sounds, or symbols, and all papers, maps, files, facsimiles, or electronic recordings. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 192 & ORS 419A.255 History: OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 11-2000, f. & cert. ef 12-12-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-130-0010 Access and Response OYA complies with all federal and state laws and rules concerning disclosure of public records. (1) OYA must respond to written requests to view or obtain copies of public records as soon as possible and without unreasonable delay. The response will acknowledge receipt of the request and the status of its response, as required by Oregon laws. (2) A written procedure for making public record requests is available on the OYA website, and may be provided upon request. (3) OYA must notify the requester of any fees needed to complete the request as described in OAR 416-130-0060. (4) OYA may request additional information from a requester to expedite the response to the request, and may suspend its response until the additional information is provided. If the requester fails to respond to OYA’s request for additional information within 60 days, OYA may close the requester’s request. (5) If the public record is maintained in a machine readable or electronic form, OYA must provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it may be made available in the form in which it is maintained. (6) Upon request of a person with a disability for public records otherwise available to the requester under these rules, OYA will consult with the person about making the requested records available in alternative format at no additional cost to the person. (7) If a requester would like to inspect a public record, OYA and the requester must agree on a reasonable date and time the records may be inspected. Inspection must be done as described in OAR 416-130-0050.Fees for redaction will apply to the cost to inspect a record. If the cost is less to release than allow inspection, the least expensive option will be pursued. (8) OYA must follow federal and state laws regarding exemptions from public disclosure, and will notify a requester in writing when requested public records are exempt from disclosure. (9) Appeal (a) A person denied access to OYA public records may appeal the decision within seven days of receipt of the denial by writing to the OYA employee who sent the denial notice, and stating that an appeal is being requested. (b) A person denied access to OYA public records after completing an appeal described in OAR 416-130-0010(5)(a) may petition the Attorney General’s office to review the public record to determine if it may be withheld from public inspection. The petition must be submitted in the manner prescribed by the Attorney General’s office. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 192 & ORS 419A.255 History: OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 11-2000, f. & cert. ef 12-12-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-130-0050 Public Record Inspection and Copying Procedures (1) Public record inspection by a requester (a) Prior to allowing inspection of a public record, OYA staff must review the record and separate any material which is exempt from disclosure from non-exempt material, or redact exempt information. The non-exempt material must be made available for inspection. (b) OYA must provide the person requesting inspection a place to review the record. A person designated by OYA must supervise the person reviewing the record in order to ensure it is not altered in any way. (c) The person inspecting the record may designate pages to be copied, or may request copies of specific information contained in the record. Only OYA staff may copy the designated material. (2) Copy of public record for a requester (a) OYA must redact information that is not disclosable to the requester prior to providing the requester with a copy of the public record. (b) An OYA subject matter expert must review the information to be disclosed prior to its disclosure to ensure compliance with public records laws and information protection. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 192 & ORS 419A.255 History: OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 11-2000, f. & cert. ef 12-12-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-130-0060 Charges (1) OYA may charge a requester for the cost of making the record available to the requester. Charges for record review and copying are limited to the actual cost of making the record available. (2) "Actual cost" may include a charge for the time spent in locating the requested records, reviewing the records to redact exempt information, supervising a person's inspection of original documents if the cost is greater than providing a copy of the record, or copying records, including: (a) The cost of current salaries, including other payroll expenses, of staff given these duties; (b) Cost per page for copies based on the current state printing and distribution price list; and (c) When an Attorney General's review of the records is required by OYA, a charge will be made to cover the cost of that service. (3) OYA must inform the requester of estimated charges and may require a deposit before acting on the request, or may require prepayment of actual costs before making the record available for inspection. (a) If the actual charges are less than the deposit or prepayment, any overpayment will be promptly refunded. If actual charges exceed the deposit or estimate, the additional charge may be recovered from the requester. (b) The requester may ask OYA for a waiver of the charges for the cost of making the record available and must explain why allowing the waiver is in the public’s interest. OYA must consider the following when evaluating a request for a fee waiver: (A) The public interest in the disclosure, the impact on the welfare of the general public, and the requesters’ ability to disseminate the information; (B) Reasonableness of the request when considering such factors as the complexity of the request, the need for redaction, the volume of records, and the extent of time, expense, and interference with the business of the agency; and (C) Whether the individual, private, or commercial interest is less than the public interest and is unrelated to an administrative, judicial, or legal proceeding; or a commercial interest. (c) If OYA denies the request for a waiver of all or part of the actual cost of providing the record, the requester may petition the Attorney General for a review of the denial of the waiver. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 192 & ORS 419A.255 History: OYA 4-2020, amend filed 04/06/2020, effective 04/06/2020 OYA 15-2018, amend filed 12/27/2018, effective 01/01/2019 OYA 11-2000, f. & cert. ef 12-12-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-150-0000 Purpose (1) These rules establish guidelines to ensure the rights of youth in custody are maintained when persons seek to interview youth in OYA custody. (2) These rules apply to all youth who are committed to the legal or physical custody of the OYA, and placed in OYA facilities or under OYA supervision on parole/probation status in the community. (3) A “youth in custody” is defined as a person in the legal and physical custody of OYA, either in an OYA close-custody facility or placed in the community under supervision; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close-custody facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010 History: OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2004, f. & cert. ef. 5-14-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-150-0010 Law Enforcement Interrogation or Polygraph When a law enforcement agency (LEA) asks to interrogate or conduct a polygraph examination of a youth in custody suspected of violating the law or having knowledge of a law violation, OYA staff will do the following: (1) Obtain consent from the parole/probation supervisor, or facility superintendent/camp director; (2) Obtain consent from the youth in custody following informed consent procedures; (3) Assure the LEA representative has proper identification; and (4) Determine if the LEA representative has a warrant. (a) If a warrant exists, OYA staff will assist the LEA representative insofar as such assistance does not infringe upon the youth in custody's right to remain silent and to have legal representation present. (b) If no warrant exists, OYA staff will ensure that: (A) The youth in custody’s legal guardian, if other than OYA, consents to the interrogation or polygraph; and (B) The youth in custody’s attorney, if any, is notified. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010 History: OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2004, f. & cert. ef. 5-14-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-150-0020 Attorney Interview (1) When an attorney asks to interview a youth in custody, the following provisions must apply: (a) The attorney of record representing the youth in custody may interview the youth in custody privately. If the attorney, or the youth in custody requests, an OYA staff will be present during the interview; and (b) An adversarial attorney will not be permitted to interview a youth in custody unless the youth in custody's legal guardian consents to the interview and the youth in custody's own attorney is also present. (2) Youth in custody may request an opportunity to privately consult with legal counsel, either face-to-face or by telephone. (a) Attorneys of record who wish to consult face-to-face with youth in custody must make an appointment in advance. (b) When a youth in custody requests to telephone an attorney or an attorney attempts to make contact via telephone with their client, OYA staff will arrange the call as soon as reasonably practical within normal business hours, and in all cases within 24 hours of the request, excluding weekends or holidays. In an emergency, the call will be arranged as soon as reasonably practical without regard to normal business hours, weekends or holidays. (c) Staff will not screen or inquire into the reason for or the purpose of the call, except to determine if an emergency exists. (3) A copy of the current directory of attorneys in Oregon will be maintained at each OYA facility. (4) All youth in custody may access the courts, without obstruction or interference by OYA staff, in order to challenge unlawful commitments and to seek redress for violations of their constitutional rights. (5) All youth in custody will be permitted to retain legal papers and correspondence in a confidential manner. Written correspondence between attorneys and youth in custody is addressed in OAR 416-440-0020. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010 History: OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2004, f. & cert. ef. 5-14-04 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-150-0040 Other Interviews (1) Other persons may request to interview a youth in custody relating to benefits for the youth in custody (e.g., Social Security, Veterans’ Administration, Department of Revenue), or to seek information in support of pending litigation or other matters. (2) When such request is received, OYA staff will do the following: (a) Determine the reason for the interview; (b) Contact appropriate OYA Central Office staff, if the request is related to litigation or in response to subpoena; (c) Seek the youth in custody’s consent to the interview; (d) Determine whether legal counsel, the youth in custody’s parents/guardians, or OYA staff should consent or be present; and (e) Set the time and place of the interview. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010 History: OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2004, f. & cert. ef. 5-14-04
416-150-0050 Recording Interviews If the interviewer requests to make a mechanical or electronic recording of the interview, OYA staff will ensure the following events occur: (1) The youth in custody is informed about the type of recording to be made and its purpose, including how information will be used in the future and who will have access to it; (2) The youth in custody consents in writing to the recording; and (3) The youth in custody understands their right to refuse the recording, and seek legal assistance before the recording is made. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 131.040, 420.014 & 420A.010 History: OYA 10-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2004, f. & cert. ef. 5-14-04
416-170-0000 Purpose and Scope (1) The purpose of these rules is to establish a uniform process for review and approval or denial of research project proposals to be conducted within the Oregon Youth Authority (OYA). (2) These rules apply to all youth in OYA physical or legal custody, including those placed under supervision within the community in contracted residential care programs or youth in custody foster homes, and youth in OYA close-custody facilities. (3) Research projects may be conducted by OYA staff, professional researchers, or by students and others with an interest in juvenile corrections services. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 419C, 420 & 420A History: OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2012, f. & cert. ef. 2-3-12 OYA 2-2005, f. & cert. ef. 1-11-05 OYA 5-2000, f. & cert. ef. 6-15-00
416-170-0005 Definitions (1) OYA Executive Team: An executive group that provides oversight to OYA operations. (2) OYA: Oregon Youth Authority (3) OYA Research Committee (ORC): OYA committee comprised of OYA staff and external partners, overseen by the OYA Research Manager. (4) Youth in custody: A person in the legal and physical custody of OYA, either in an OYA close-custody facility or placed in the community under supervision; or a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA close-custody facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2012, f. & cert. ef. 2-3-12 Renumbered from 416-170-0050, OYA 4-2005, f. & cert. ef. 1-13-05 OYA 2-2005, f. & cert. ef. 1-11-05
416-170-0010 General Standards (1) No research may be conducted without OYA approval in the manner prescribed in these rules, and related OYA policy and procedures. (a) Oregon Department of Corrections (DOC) approval is required for any research involving youth in custody in the legal custody of DOC and the physical custody of OYA. (b) Youth in custody participation must be voluntary and the youth in custody 's confidentiality will be protected. (c) OYA retains the right to review the compilation of data or completed report describing project outcomes prior to publication, and may require a disclaimer if it believes assumptions about the data are flawed. (2) OYA will consider research proposals that benefit the agency or juvenile corrections as a whole, such as: (a) Studies of possible causes of criminal behavior, and effects of incarceration; (b) Studies of close custody systems or treatment programs as institutional structures or of youth as incarcerated persons; (c) Research on conditions particularly affecting adjudicated or convicted youth in custody as a class; and (d) Research on practices, both innovative and accepted, that have the intent and reasonable probability of improving the health or well-being of the subject. In cases in which such research requires the assignment of youth in custody to control groups that may not benefit from the research, the research proposal will include discussion regarding the ethical considerations to support the research. (3) All research project proposals submitted to OYA must have been reviewed and approved by a human subjects review committee prior to submittal to OYA. (4) The risk posed to subjects will be no more than minimal and participation in the study will represent no more than an inconvenience. (5) Treatments, therapies, and procedures used in the project must be generally recognized and accepted as therapeutic. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 11-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 1-2012, f. & cert. ef. 2-3-12 OYA 2-2005, f. & cert. ef. 1-11-05 OYA 5-2000, f. & cert. ef. 6-15-00