justicedao/ipfs_state_laws huggingface dataset:
291-143-0010 Definitions (1) Administrator of Religious Services: The Department of Corrections manager assigned responsibility for administering religious programming and services for the Department of Corrections. (2) Chaplain: A person employed by the Department of Corrections to facilitate and provide religious programming and services to inmates in Department of Corrections facilities. (3) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections. (4) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for delivery of program services or coordination of program operations. (5) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post‑prison supervision, or probation status. (6) Religious Activity: Any rite, ceremony, event, activity, or program that is customarily associated with the practices of a religion that are facilitated or administered by Religious Services including but not limited to corporate gatherings of adherents of a religion. (7) Religious Representative: A person who is qualified to provide authoritative information to the Department of Corrections regarding their religion. For purposes of this rule, a religious representative must not be an inmate; a person who is on probation, parole, or post-prison supervision; or a person who is otherwise disqualified from acting as a volunteer in a Department of Corrections facility under department rules and policies. (8) Religious Volunteer: A person who is qualified to direct, lead, or conduct others in the rites, ceremonies, or other practices of a religion who has been approved by the Department of Corrections to assist inmates in requested religious activities in Department of Corrections facilities. (9) Special Housing: Inmate housing assignments other than general population. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 DOC 6-2007, f. & cert. ef. 8-17-07 Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95 DOC 14-2006(Temp), f. & cert. ef. 12-18-06 thru 6-15-07 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95 CD 19-1992, f. 8-12-92, cert. ef. 8-20-92 CD 2-1987, f. & ef. 1-5-87 CD 20-1985, f. & ef. 8-2-85 CD 47-1981, f. & ef. 10-30-81 CD 19-1981(Temp), f. & ef. 6-30-81 CD 28-1978, f. 9-13-78, ef. 9-15-78
291-143-0070 Chaplains/Religious Volunteers (1) A chaplain in each Department of Corrections facility is responsible for coordination and facilitation of inmate religious activities. (2) Chaplains shall attend to the religious requests of each inmate, regardless of the inmate's religious belief or affiliation. (3) Religious activity leadership roles may include chaplains and approved religious volunteers. (4) If a chaplain is not qualified to lead a particular religious activity and an approved volunteer is not available, the chaplain or designee, with the assistance of the Religious Services administrator or assistant administrator or others as needed, will: (a) Seek out and invite a qualified individual from the community to conduct the religious activity as a religious volunteer; or (b) Work with a religious representative to provide when possible alternative means for the conduct of the requested activity in a manner that is consistent with department rules and facility procedures. Alternative means may include, when determined appropriate by the chaplain, use of a script, liturgy, audio, video, or other available media. (c) The chaplain will determine whether an approved activity will be accommodated in the context of a group activity or limited to individual practice, based on the availability of staff or volunteer resources. (5) Inmates shall not be permitted to direct, lead, or conduct other inmates in religious activities. If a chaplain or a qualified religious volunteer approved by the department is unavailable to direct, lead, or conduct an approved religious activity requested by an inmate, an alternative means for the activity is not acquired, the inmate’s request will be denied until such time as a qualified religious volunteer or alternative means of accommodation becomes available. Statutory/Other Authority: 423.020, 423.030, 423.075 & 179.040 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0080 Religious Activities (1) Inmates should have the opportunity for reasonable access to religious activities which may include but are not limited to the following: (a) Regular religious services and ceremonies; (b) Special ceremonies, holiday services, and sacraments; (c) Individual religious counseling; (d) Inmate religious group meetings; and (e) Religious moral instruction. (2) An inmate whose religious expression includes odor or smoke-producing substances (e.g., tobacco, sage, sweet grass, kinnik kinnik, and incense) may be authorized to burn small amounts of these substances as part of an approved religious activity in a manner consistent with facility security, safety, health and, order. (3) Inmates Assigned to Special Housing: An inmate assigned to special housing may be authorized to participate in an approved religious activity in a manner consistent with facility security, safety, health, and order. An inmate assigned to special housing shall not be permitted to participate in group religious activities with other inmates. (4) Each Department of Corrections facility will post a current schedule of religious activities available in the facility. The schedule will be posted in designated religious activities areas and other appropriate areas readily accessible to inmates. (5) Inmate Requests to Participate in Religious Activity: (a) Religious Activity Currently Available in the Facility: An inmate desiring to participate in a religious activity that is currently available in the facility where he/she is confined may obtain information on the scheduled activity, and how to participate in it, by submitting his/her request to the facility chaplain or designee using an Inmate Communication form (CD214) . (b) Religious Activity Not Currently Available in the Facility: An inmate desiring to participate in a religious activity not currently available in the facility where he/she is confined may request to do so by submitting a request for religious accommodation as outlined in OAR 291-143-0115. (6) Annual Religious Event: Inmates, at the discretion of the functional unit manager, may be allowed to invite one guest who is on the inmate’s visiting list to participate in an annual religious event. The number of guests may be increased at the functional unit manager’s discretion based on institution resources and event size. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 15-1997, f. & cert. ef. 9-4-97 Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95 CD 3-1997(Temp), f. & cert. ef. 2-12-97 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0090 Religious Activity Areas (1) Religious Activity Areas: The functional unit manager of each facility shall designate areas of sufficient size and quantity appropriate for the conduct of approved religious activities. (2) Access to Religious Activity Areas: The use of religious activities areas within the facility will be scheduled by the chaplain or designee. In scheduling designated religious activities areas, the chaplain or designee will seek to accommodate religious beliefs including those that call for particular times and calendar or lunar dates. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0100 Provisions of Religious Items for Conduct of Religious Activities Items required for the conduct of a religious activity may be supplied by the Department of Corrections or donated by a religious representative, religious volunteer, or other approved source at the discretion of the department. Items must be approved by the chaplain, may require security review, and are subject to search. Items not approved will be considered contraband and subject to confiscation. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0110 Inmate Religious Items (1) An inmate may be authorized to express his/her religious customs and beliefs in appropriate ways, consistent with facility security, safety, health and order, through the use of approved religious items: (a) While participating in individual and group religious activities; and (b) While wearing or carrying a religious emblem, medal, medallion, pendant, or other religious item. (2) Authorization for approved religious items may be restricted based on the inmate’s housing assignment. (3) An inmate assigned to special housing, except Administrative Segregation and Death Row, may possess an approved religious emblem, medallion, or other religious item in his/her cell, but without a chain, thong, or other apparatus worn around the neck. (4) Religious Items: (a) Approved religious emblems, medallions, symbols, pendants, or other items authorized for inmates to possess in a Department of Corrections facility must generally be purchased from an approved vendor using the Package Authorization form (CD948). (b) Specific approved religious items may be provided by a religious representative or religious volunteer with approval of the facility chaplain or designee and the institution security manager or designee. (5) An inmate may request a religious item not currently approved by submitting a request for religious accommodation as outlined in OAR 291-143-0115. (6) Inmates may obtain religious reading and study materials including correspondence courses through the mail in accordance with the rules on Mail (Inmate)(OAR 291-131). (7) Department of Correction’s staff will treat all inmate religious property items with respect and will not destroy inmate religious property items without first consulting with the chaplain. (8) As space allows, reasonable, accessible, secure, and separate storage space for group religious objects or symbols will be maintained or provided upon request. Statutory/Other Authority: 179.040, 423.023, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0112 Religious Dietary Accommodations (1) The department will satisfy the special religious dietary needs of inmates within the context of the Food Services cyclical menu. (2) Requests for inmate religious dietary needs that cannot be satisfied within the context of the Food Services cyclical menu will be considered. (a) Inmate requests for special religious diets must be rooted in religious exercise. (b) The inmate must sign a religious diet participation agreement committing to adhere to the diet requested. Violation of the agreement may result in a re-examination of the inmate’s commitment to the religious tradition in which the diet is observed. An inmate may submit a request for religious accommodation as outlined in OAR 291-143-0115. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, adopt filed 11/01/2017, effective 11/01/2017
291-143-0120 Searches of Religious Activity Areas/Religious Items (1) All designated religious activity areas and religious items shall be subject to search conducted in accordance with the department's rule on Searches (Institutions)(OAR 291-041). (2) Staff shall conduct searches in a manner that reflects an awareness of and sensitivity to individual religious beliefs, practices, and respect for the objects or symbols used in the religious practice. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0125 Religious Grooming Requirements Inmates may comply with religious practices relating to head or facial hair if the observance remains consistent with the department's rules on Hygiene and Grooming (OAR 291-123). Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, adopt filed 11/01/2017, effective 11/01/2017
291-143-0130 Restriction of Religious Activity/Items An inmate's participation in approved religious activities and possession of approved religious items may be restricted by the Department of Corrections when deemed necessary to maintain facility security, safety, health and order, or to further inmate rehabilitation or other penological interest, consistent with applicable legal standards. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 DOC 6-2007, f. & cert. ef. 8-17-07 Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95 DOC 14-2006(Temp), f. & cert. ef. 12-18-06 thru 6-15-07 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-143-0140 Religious Exercise Dispute Resolution If an inmate has a dispute regarding the denial of a request for a religious practice or property items, he/she may use the inmate grievance system as described in the rules on Inmate Grievance Review System (OAR 291-109). Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 423.030, 423.075, 179.040 & 423.020 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 DOC 6-2007, f. & cert. ef. 8-17-07 Reverted to CD 17-1995, f. 8-30-95, cert. ef. 9-11-95 DOC 14-2006(Temp), f. & cert. ef. 12-18-06 thru 6-15-07 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95
291-145-0005 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 these rules is to establish Department of Corrections (DOC) guidelines for authorizing adults in custody (AIC) access to and participation in AIC group activities within a DOC facility, and appropriate supervision and management practices to ensure fiscal accountability and safeguard DOC resources. (3) Policy: (a) It is the policy of the DOC to allow AIC access to and participation in AIC group activities within DOC facilities to further rehabilitative objectives. No person shall be denied the opportunity to have access to and participate in AIC group activities on the basis of race, color, religion, gender identity, marital status, national origin, age, physical or mental disability or any other protected class. (b) Inherent limitations of resources and the need for facility security, safety, health, and good order shall take priority when considering the facilitation of AIC group activities. (c) When authorized by the department, AIC access to and participation in AIC group activities is permitted neither as a matter of right nor as a privilege of the AIC; rather, AIC access to and participation in AIC group activities may be authorized when in the judgment of the department it furthers the AIC’s programming and rehabilitation, the department’s correctional goals and mission, and is consistent with the safe, secure, and orderly management and operation of DOC facilities. (d) Approval for AIC access to and participation in authorized group religious activities shall be in accordance with the department’s rules on Religious Activities (OAR 291-143). 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 14-2023, amend filed 10/03/2023, effective 10/03/2023 CD 23-1992, f. 11-16-92, cert. ef. 12-1-92 CD 10-1988, f. & cert. ef. 5-26-88 CD 61-1985, f. & ef. 8-16-85 CD 23-1978, f. 9-13-78, ef. 9-15-78
291-145-0010 Definitions (1) Functional Unit Manager (FUM): Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an Administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent. (2) Group: An approved AIC organization with common social, cultural, or educational goals. Types of groups include: (a) Club: An approved AIC group with a constitution and elected club representatives that represents a segment of the AIC population. (b) Special Interest Group: An approved AIC group that does not meet the standards of a club. (3) Group Activity: Any group meeting, social event, banquet, or function. (4) Member in Good Standing: An AIC who has been a member of the group for at least two months, is at non-cash incentive (NCI) level 2 or higher, as outlined in the department’s rule on Performance Recognition and Award System (OAR 291-077) and has attended at least 50 percent of the available meetings since becoming a member. (5) Property: A thing, or things, belonging to an entity. 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 14-2023, amend filed 10/03/2023, effective 10/03/2023 CD 23-1992, f. 11-16-92, cert. ef. 12-1-92 CD 10-1988, f. & cert. ef. 5-26-88 CD 61-1985, f. & ef. 8-16-85 CD 23-1978, f. 9-13-78, ef. 9-15-78
291-145-0015 Recognition and Control (1) All AIC group activities will be under the administrative control and responsibility of Department of Corrections staff. The FUM or designee must approve all groups and activities of groups. (2) Before any group activity is approved, the sponsoring group or person must submit a brief written statement to the FUM or designee describing the proposed activity. All proposed group activities must outline the objectives, the planned number of AICs involved, frequency and time of the activity, needed equipment, space and furnishing requirements, funding requirements, qualifications for participation, anticipated special events, and publications related to the proposed activity. (3) Any group designated as a club must meet the following criteria: (a) Promotes the facility’s interest in safety and security; and (b) If interaction with the public is approved, follows the purpose of the club. (4) All clubs must have a constitution that is approved annually by the FUM or designee, and follow a format that includes, but is not limited to: (a) Name; (b) Community affiliation (if any); (c) Purpose: A club must outline how the club will ensure its activities are aligned with the club objectives; (d) Membership qualifications: AICs will not be denied permission to participate on the basis of race, color, religion, gender identity, marital status, national origin, age, physical or mental disability, or any other protected class; (e) Government structure: A minimum of three positions should be elected: President, Vice President, Secretary, Treasurer, or Sergeant at Arms; (f) Club representatives duties; (g) Elections: All AICs elected as club representatives must be a member in good standing with a NCI Level 3 or higher, and have the approval of the FUM or designee. All elections will be held by secret ballot. Designated facilitating staff will be present during all elections and supervise the counting of all ballots; (h) Committee; (i) Rules and regulations; and (j) Proposed constitutional amendments: All constitutional changes shall be made by the club’s representatives and voted upon by the general body. The FUM will have final approval on all requested constitutional amendments. (5) Any group designated as a special interest group must meet the following criteria: (a) Have written approval from FUM to organize; and (b) Not exceed available facilities and staff constraints. 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 14-2023, amend filed 10/03/2023, effective 10/03/2023 CD 23-1992, f. 11-16-92, cert. ef. 12-1-92 CD 10-1988, f. & cert. ef. 5-26-88 CD 61-1985, f. & ef. 8-16-85 CD 23-1978, f. 9-13-78, ef. 9-15-78
291-145-0025 Volunteers and Guests (1) Persons working with groups may be given volunteer status in accordance with the department’s rule on Volunteers/Student Interns (OAR 291-015). (2) All guests at group activities must be approved in advance by the FUM or designee for each activity and supervised at all times. (3) A person’s relationship status to any DOC AICs must be disclosed if seeking to be a guest at a group activity. Relatives of AICs and those on an AIC’s visitation list may not attend group activities as a guest unless approved by the FUM or designee. Refer to the department’s rules on Visiting (OAR 291-127) for additional direction. 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 14-2023, amend filed 10/03/2023, effective 10/03/2023 CD 23-1992, f. 11-16-92, cert. ef. 12-1-92 CD 10-1988, f. & cert. ef. 5-26-88 CD 61-1985, f. & ef. 8-16-85 CD 23-1978, f. 9-13-78, ef. 9-15-78
291-145-0050 Legal Entity Status (1) Groups shall not be permitted to apply for non-profit status or any other incorporation status. (2) Groups shall not be allowed to enter into contractual agreements or relationships. (3) Groups shall not act in a manner that portrays themselves as representatives or agents of DOC. 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 14-2023, adopt filed 10/03/2023, effective 10/03/2023
291-149-0100 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 144.260, ORS 144.410 - ORS 144.525, ORS 179.040,ORS 421.170, ORS 423.020, ORS 423.030, ORS 423.075, OR Const., Article I, Section 42, and 1997 OR Laws, Chapters 313, 851 & 852. (2) Purpose: To provide policy and procedures relating to the establishment, operation and administration of Department of Corrections work release programs. (3) Policy: (a) It is the policy of the Department of Corrections to establish and administer work release programs in which inmates are released from confinement in a Department of Corrections facility or are authorized to leave other assigned quarters for the purposes authorized in ORS 144.410 et seq. (b) No inmate will be assigned to participate in work release activities outside the State of Oregon. Statutory/Other Authority: ORS 144.260, 144.410-144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 Statutes/Other Implemented: ORS 144.260, 144.410-525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852 History: DOC 9-2019, amend filed 06/17/2019, effective 06/17/2019 DOC 18-1998, f. & cert. ef. 8-6-98 DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98