justicedao/ipfs_state_laws huggingface dataset:
291-069-0280 Administrative Review (1) An adult in custody who has been identified by the department as presenting an elevated threat risk and has been assigned for management by the STM Unit may obtain an administrative review of the action in accordance with this rule, by submitting a written request for administrative review to the Assistant Director of Operations or designee at the department's central administrative offices. (a) The administrative review request must specify the reason(s) why the adult in custody believes that their own elevated threat security risk identification is inappropriate. The request for review must also include any supporting documentation by the adult in custody to be considered in reviewing the appropriateness of the AIC’s elevated security threat risk identification. (b) The Assistant Director of Operations or designee must receive the administrative review request within 15 days of the issuance of the AIC management plan to the adult in custody . (2) Upon receipt of a timely written request for administrative review, the Assistant Director of Operations or designee will review the AIC’s elevated security threat risk identification and affirm or reverse the action as circumstances warrant. The decision of the Assistant Director of Operations or designee shall be final. 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 21-2024, amend filed 08/29/2024, effective 08/29/2024 DOC 7-2023, amend filed 04/28/2023, effective 04/28/2023 DOC 17-2022, temporary amend filed 11/29/2022, effective 11/29/2022 through 05/27/2023 DOC 13-2008, f. & cert. ef. 5-19-08 DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08
291-070-0100 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 standards for the control, maintenance, and disposition of file materials pertaining to individuals in the custody or under the supervision of the Department of Corrections. (3) Policy: It is the policy of the Oregon Department of Corrections that files for adults in the custody and under the supervision of the Department of Corrections will be maintained in a manner which assures the availability of file material necessary for case management. Additionally, relevant file material which serves to preserve a historical record of the individual's period of custody or supervision shall be maintained and retained for specified periods of time following the individual's release from custody or 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 16-2025, amend filed 09/30/2025, effective 10/01/2025 DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020 Renumbered from 291-070-0005 by DOC 9-2008, f. & cert. ef. 4-10-08 CD 23-1994, f. 12-21-94, cert. ef. 1-3-95 CD 17-1986, f. & ef. 6-30-86 CD 8-1986, f. 4-18-86, ef. 5-15-86 CD 50-1985, f. & ef. 8-16-85 CD 38-1983, f. & ef. 10-14-83 CD 21-1983(Temp), f. & ef. 5-16-83 CD 17-1982, f. & ef. 6-4-82 CD 54-1981(Temp), f. & ef. 12-10-81
291-070-0115 Working File (1) Working files on all Department of Corrections adults in custody shall be established upon initial reception at a Department of Corrections facility or intake center. (2) Working files shall remain decentralized to ensure that all employees that work with the files have access. 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 5-2020, amend filed 03/19/2020, effective 03/19/2020 DOC 9-2008, f. & cert. ef. 4-10-08
291-070-0120 Access to Files (1) Only Department of Corrections employees or contractors, and representatives of criminal justice agencies may be authorized access to adult in custody and adult on supervision files. Department of Corrections employees shall request access to adult in custody or adult on supervision files for business purposes only directly related to the employee's current position duties and responsibilities. (2) An example of acceptable access would include an employee reviewing an adult in custody or adult on supervision file because the adult in custody or adult on supervision is in the employee's housing unit or on the employee's caseload. (3) An example of unacceptable access would include an employee reviewing the file on their neighbor for personal purposes. (4) The Records Office is a restricted area; only individuals authorized by the Offender Information and Sentence Computation Administrator or institution functional unit manager shall enter the Records Office. (5) In emergency situations, the institution functional unit manager or designee may designate an employee to enter the Records Office and remove working files. (6) A list of these authorized individuals may be posted in the Records Office. 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 16-2025, amend filed 09/30/2025, effective 10/01/2025 DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020 DOC 14-2009, f. & cert. ef. 7-14-09 Reverted to DOC 9-2008, f. & cert. ef. 4-10-08 DOC 30-2008(Temp), f. & cert. ef. 12-16-08 thru 6-12-09 DOC 9-2008, f. & cert. ef. 4-10-08
291-070-0125 Transporting Working Files (1) The department will use proper security controls for transportation of adult in custody and adult on supervision working files during transit between institutions, functional units, agencies, or customers. (2) Each functional unit that sends, receives, or transports confidential or sensitive information is responsible to assure that the information is protected appropriately during transit from loss, destruction, or unauthorized access in accordance with the Department of Administrative Services Statewide Policy on Transporting Information Assets (DAS policy 107-004-100). 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 16-2025, amend filed 09/30/2025, effective 10/01/2025 DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020 DOC 9-2008, f. & cert. ef. 4-10-08
291-070-0130 Retention and Destruction of Adult in Custody and Adult on Supervision Records (1) The State Archivist, who authorizes retention or disposition of public records to Oregon government agencies in the form of records retention schedules, provided a Special Schedule for the retention or disposition of adult in custody or adult on supervision working files. (2) Centralized control over retention and disposition of all records will be in accordance with state statutes and applicable schedules. (3) At the time of closure of community corrections working files, the closing summary and other required documents will be sent to Offender Information and Sentence Computation (OISC) for archiving in accordance with the State Office Operations Network approved protocol. Community corrections offices will retain working file documents in accordance with the State Archivist schedule. (4) Medical, dental, and mental health treatment files on adults in the custody of the Department of Corrections will be maintained in accordance with the department’s rules on Health Services (OAR 291-124-0075). 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 16-2025, amend filed 09/30/2025, effective 10/01/2025 DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020 DOC 21-2009, f. & cert. ef. 11-20-09 DOC 9-2008, f. & cert. ef. 4-10-08
291-070-0135 Public Requests for Adult in Custody or Adult on Supervision Records It is the responsibility of all persons accessing Department of Corrections adult in custody and adult on supervision files to ensure the confidentiality of and access to the files in strict accordance with the provisions outlined below: (1) Adult in custody and adult on supervision files and records will be released in accordance with the department’s rules on Release of Public Records (OAR 291-037). (2) Verbal inquiries regarding Department of Corrections files and records from any source, including the adult in custody, will be responded to in accordance with the department’s rules on Release of Public Information (OAR 291-039). 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 16-2025, amend filed 09/30/2025, effective 10/01/2025 DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020 DOC 9-2008, f. & cert. ef. 4-10-08
291-070-0140 Sealing of Adult in Custody or Adult on Supervision Records (1) Sealing of a working file or record may only be accomplished after receipt of a certified order from the court. (2) Upon receipt of a certified order directing a working file or record be sealed, when the adult in custody's or adult on supervision's file is available, community corrections staff will attach any and all adult in custody and adult on supervision material to the court order and forward the court order and file material to Offender Information and Sentence Computation (OISC) for sealing. 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 16-2025, amend filed 09/30/2025, effective 10/01/2025 DOC 5-2020, amend filed 03/19/2020, effective 03/19/2020 DOC 9-2008, f. & cert. ef. 4-10-08
291-071-0010 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 & 423.075. (2) Purpose: The purpose of this rule is to provide guidance and direction to staff responsible to assess, administer and evaluate the use of therapeutic restraints for medical or mental health treatment. (3) Policy: (a) It is the policy of the Department of Corrections to authorize the use of therapeutic restraints in the uses specified in this rule. In those circumstances where therapeutic restraints are authorized, the type, the amount and manner are further specified within this rule; (b) The use of therapeutic restraints is authorized by the Director through the verbal or written order of a physician. 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-071-0020 Definitions (1) Clinical Record: The record of mental health treatment provided to an inmate. This record is maintained as part of the inmate’s individual medical record. (2) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation or post-prison supervision status. (3) Therapeutic Restraint: A type of restraint applied to an inmate for medical or mental health treatment and designed to limit an inmate’s movements. 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-071-0030 Application (1) Therapeutic restraints shall be used to control a mentally disordered inmate only in an emergency. An emergency exists when, because of an inmate’s behavior: (a) There is a substantial likelihood of immediate harm to the inmate or others in the facility; or (b) There is a substantial likelihood of significant property damage; or (c) Less restrictive measures are deemed ineffective to manage behavior. (2) Therapeutic restraints shall only be applied by staff who have been trained in the use and application of such restraints. (3) The kinds of restraints that may be used for therapeutic purposes include leather, rubber or cloth restraints for the arms, legs and upper torso. (4) Devices used in the course of medical care which are not subject to this procedure include: (a) Mechanisms which are usually and customarily employed during medical, surgical or diagnostic procedures (body restraint during surgery, arm restraint during intravenous administration, restraint during radiological procedures). (b) Mechanisms which are used during patient care to provide protection, postural support or to assist with bodily function (bed rails, tabletop chairs, soft chest restraints, orthopedic appliances, wheelchairs). 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-071-0040 Authorization (1) Therapeutic restraint shall be applied only upon the verbal or written order of a physician. In the absence of a physician, a registered nurse may authorize application of therapeutic restraint for a period not to exceed one hour. The nurse shall document the specific behavior which required application of therapeutic restraint in the inmate’s clinical record. (2) A physician shall personally assess the inmate prior to or within three hours following application of therapeutic restraint to assess the inmate and evaluate the appropriateness of the use of therapeutic restraint. (3) Any evaluation of the appropriateness of the use of therapeutic restraint by a nurse and/or physician shall include consideration of the following: (a) The inmate’s behavior; (b) The need to protect staff and others in the facility; (c) The inmate’s present physical ability to engage in violent or destructive behavior; (d) The inmate’s response to various methods of control; (e) The risk or degree of physical or psychological harm and discomfort that accompanies the use of therapeutic restraints; and (f) The risk or degree of interference with the inmate’s treatment program, if any. (4) The physician shall document the following in the inmate’s clinical record: (a) The specific behavior which required application of therapeutic restraint; (b) The inmate’s response to therapeutic restraint; and (c) The reason the application was appropriate and the extent to which less restrictive measures were inadequate. 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 5-1996, f. 5-23-96, cert.ef. 6-1-96
291-071-0050 Time Limits (1) Any order authorizing use of therapeutic restraint expires after 12 hours. (2) A physician may renew the order for a second 12-hour period. (3) If therapeutic restraint is necessary for more than 24 consecutive hours, a second consulting physician must approve the order. 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-071-0060 Release (1) An inmate will be released from therapeutic restraint by the officer-in-charge or clinical staff as soon as it is reasonable to believe the behavior authorizing use of therapeutic restraint will not immediately resume. (2) Therapeutic restraint shall be terminated when two waking hours have passed during which the inmate has remained calm. 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-071-0070 Condition and Observation (1) To the extent possible without endangering the inmate, staff or others in the facility, inmates in therapeutic restraint shall be: (a) Offered fluids if capable of sitting up or laying on the side once every hour while awake or upon request; (b) Offered the use of a toilet, bedpan or urinal once every hour while awake or upon request; (c) Offered regular meals and the opportunity to maintain personal hygiene immediately before and after each meal as appropriate; (d) Provided an opportunity to have exercise of at least ten minutes during each two hours of restraint. (These opportunities apply only during non-sleeping hours from 6:00 a.m. to 9:00 p.m.); (e) Appropriately clothed which at a minimum includes underclothes, stockings and to be covered with a sheet. (2) Within 30 minutes of the application of therapeutic restraint, an inmate will be medically examined and treated as necessary by a health care employee. This examination and any treatment rendered shall be documented in the inmate’s clinical record. (3) An inmate in therapeutic restraint shall be observed by correctional staff at least every 15 minutes. These observations shall be documented in the inmate’s clinical record. (4) A registered nurse shall observe and evaluate an inmate’s condition not less than once every two hours. Each observation and evaluation shall be documented in the clinical record. 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-071-0080 Review (1) Any application of therapeutic restraint must be reported to the Director or designee within one working day of such application. (2) The Director or designee will review and evaluate the appropriateness of each application of therapeutic restraint at least quarterly and prepare a written report summarizing the conclusion. 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 5-1996, f. 5-23-96, cert. ef. 6-1-96
291-072-0005 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 these rules is to establish Department of Corrections policy and procedures for the establishment of a photo identification card system for adults in custody (AIC) who are incarcerated in a Department of Corrections facility, and for the possession and use of the identification cards by adults in custody. (3) Policy: (a) It is the policy of the Department of Corrections to ensure positive identification of adults in custody by issuing a photo identification card to each adult in custody. The issuance and use of AIC identification cards are further specified in this rule. (b) Establishment of a photo identification card system for adults in custody is authorized by the Director for use in each functional unit. 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 24-2020, minor correction filed 11/23/2020, effective 11/23/2020 DOC 23-2020, amend filed 11/23/2020, effective 11/23/2020 CD 6-1991, f. & cert. ef. 2-19-91 CD 16-1990(Temp), f. & cert. ef. 9-4-90
291-072-0007 Definitions (1) Adult in Custody (AIC): Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision, or probation status. (2) AIC Identification Card: A photo identification card issued by the Department of Corrections to an AIC that must be displayed by the AIC on their person while incarcerated in a Department of Corrections facility in accordance with these rules. The AIC identification card is a permanent identification card that will be retained by and transferred with the AIC between Department of Corrections facilities. (3) AIC Release Card: A photo identification card issued to an AIC upon their release from a Department of Corrections facility. (4) Court Name: The AIC name as established and used by the Department of Corrections for use on an AIC’s case file, AIC identification card, medical file, etc., based on the name provided in the first judgment in the custody cycle sentencing an AIC to the custody of the Oregon Department of Corrections. (5) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (6) Electronic Tracking Technology Systems (ETTS): Combinations of software and hardware that are used to monitor the location and authorized access of AICs. (7) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and who has responsibility for delivery of program services or coordination of program operations. In an institution the functional unit manager is the superintendent. (8) Legal Name: An alternative AIC name requested by an AIC that is a) materially different from the court name, b) supported by legal documentation of the AIC’s legal name and c) authorized for use by the Department of Corrections on the AIC’s case file, identification card, medical file, etc. (9) Temporary AIC Identification Card: A temporary paper identification card issued by the Department of Corrections to an AIC that must be displayed by the AIC on their person while incarcerated in a Department of Corrections facility in accordance with these rules. (10) True Name: An alternative name added to an AIC’s case file and used as an additional identifier when supporting documentation is received (e.g. legal name change, birth certificate, marriage license) to the satisfaction of the department. (11) Visual Identifiers: Visible elements used in conjunction with identification cards such as mechanisms to hold and display cards, etc. which allow for rapid identification of information. Statutory/Other Authority: ORS 423.020, 423.075, 423.030 & 179.040 Statutes/Other Implemented: ORS 423.020, 423.075, 423.030 & 179.040 History: DOC 23-2020, adopt filed 11/23/2020, effective 11/23/2020
291-073-0010 Authority and Purpose (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.614, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of this rule is to establish mandatory and desirable criteria to be used in the nomination of sites for the construction and operation of Oregon correctional facilities. 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: CD 13-1996, f. & cert. ef. 10-1-96 CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97
291-073-0020 Mandatory Criteria for all Sites The mandatory criteria for all sites (including medium security and minimum work camps) are listed below. They are not in any order of preference. (1) A proposed site must be available by purchase, condemnation, exchange or otherwise. (2) A proposed site must be of sufficient size and shape to accommodate the planned facility and its operation. (3) A proposed site must not be located in a 100-year flood plain as defined by a current FEMA map. (4) A proposed site must not be in a designated tsunami inundation zone. (5) A proposed site must have infrastructure available either on-site or such that they can be provided and maintained cost effectively. This infrastructure includes: (a) Water for domestic use, fire protection, and irrigation; (b) Sanitary sewer collection and treatment; (c) Surface drainage and storm water collection and disposal; and (d) Electricity, natural gas and/or oil or propane and telecommunications. (6) A proposed site must be served by road or highway system capable of supporting the planned facility. New roadway construction or roadway improvements (if required) must be able to be constructed at a reasonable cost and be ready at the time the facility is scheduled to be opened. 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: CD 13-1996, f. & cert. ef. 10-1-96 CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97