justicedao/ipfs_state_laws huggingface dataset:
291-064-0070 Good Cause for Involuntary Administration of Psychotropic Medications to Inmates Good cause exists for recommending involuntary administration of psychotropic medications if, in the opinion of the treating practitioner: (1) The inmate is suffering from a mental disorder and as a result of the disorder: (a) The inmate is gravely disabled; or (b) The inmate’s behavior creates a likelihood of serious harm to self or others; and (2) The inmate: (a) Is deemed not competent to give informed consent to administration of psychotropic medications as provided in OAR 291-064-0030; or (b) Has refused to give informed consent to the administration of psychotropic medications; and (3) The use of psychotropic medications is clinically indicated for: (a) Restoring, or preventing deterioration of the inmate’s mental or physical health; or (b) Alleviating extreme suffering; or (c) Saving or extending the inmate’s life; and (4) Psychotropic medications are the most appropriate treatment for the inmate’s condition according to current clinical practice; and (5) Other less intrusive procedures have been considered and the reasons for rejecting those procedures have been documented in the inmate’s treatment record; and (6) The treating practitioner attempted to first obtain the inmate’s written informed consent. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0080 Review of Treating Practitioner’s Determination of Good Cause by an Independent Examining Physician (1) Prior to the involuntary administration of psychotropic medications for good cause, the treating practitioner shall refer his or her recommendation for review to an independent examining physician who will convene a medication review hearing. (2) The hearing may be held no more than ten days after the treating practitioner submits a determination that good cause exists. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0090 Notice of Hearing Required Inmates subject to the involuntary administration process shall be given written notice at least 24 hours in advance of the hearing by the independent examining physician. The notice shall include: (1) The date and time of the hearing; (2) The inmate’s diagnosis; (3) A statement of the clinical basis for the diagnosis; (4) A statement of the clinical basis for the determination that involuntary administration of psychotropic medications is in the inmate’s medical interest; and (5) An explanation of the inmate’s rights. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0100 Inmate Rights (1) Inmate rights during the hearing process include: (a) The right, upon request, to discontinue emergency medications administered pursuant to OAR 291-064-0060 for 24 hours preceding the hearing and until the hearing adjourns; (b) The right to be present during the hearing; (c) The right to be heard in person and to present documentary evidence; (d) The right to present testimony through witnesses and to cross-examine witnesses that are called by the Department; (e) The right to an advisor to assist in the articulation and presentation of the inmate’s argument at the hearing; (f) The right to the creation of a record of the hearing; (g) The right to appeal the decision of the independent examining physician to the chief medical officer as provided in this rule; and (h) The right to retain counsel for the hearing at his/her own expense. (2) Assignment of Advisor: (a) A Health Services staff member shall be assigned to act as the inmate’s advisor in the hearing process; (b) In assisting the inmate to articulate their objection to the recommended medications, the advisor shall: (A) Inform the inmate of his/her right to retain counsel for the hearing at his/her own expense; (B) Interview the inmate and discuss the psychiatric issues involved, and the inmate’s options; (C) Assist the inmate in articulating a list of witnesses and questions for witnesses as required in section (3) of this rule; (D) Review the inmate’s treatment record, including records of efforts made to obtain informed consent; (E) Be provided a copy of administrative rules OAR 291-064-0010 through 291-064-0140; (F) Be provided an opportunity to review any other evidence presented by the Department upon which the recommendation for involuntary administration of medications is based; (G) Be competent to understand and interpret the inmate’s rights and the hearing process; (H) Have an understanding of the psychiatric diagnosis and issues that the case may present; and (I) Appear with the inmate at the hearing before the independent examining physician. (3) If the inmate wishes to present or cross-examine witnesses, he/she must provide a written request to the independent examining physician prior to the hearing, listing the names of requested witnesses and the questions to be asked of each witness. (4) The inmate’s right to be present at the hearing may be limited because of his/her medical condition or because of other specific reasons relating to the interest of institutional safety and security. (5) Reasons for the limitation of the right to present and cross-examine witnesses include, but are not limited to: (a) Irrelevance; (b) Redundancy; (c) Other specific reasons relating to the interest of institutional safety and security. (6) The reasons for any limitation of the inmate’s rights shall be specified orally at the hearing and in writing as part of the final decision. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0110 Scope of Review (1) The independent examining physician shall: (a) Review the inmate’s treatment record, including the records of efforts made to obtain informed consent; (b) Discuss the matter with the inmate and witnesses; (c) Review the evidence presented by the Department upon which the recommendation for involuntary administration of medications is based; and (d) Consider additional information, if any, presented at the time of the review by the inmate, the advisor, the Department, or witnesses. (2) The record of the hearing shall be the documents and statements relied on by the independent examining physician as noted in his/her report. Copies of all documents shall be made a part of the inmate’s treatment record. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0120 Determination of Independent Examining Physician (1) In each hearing the independent examining physician shall determine: (a) Whether the treatment record contains a sound medical diagnosis supported by sufficient clinical documentation; (b) The capacity of the inmate to give informed consent as provided in OAR 291-064-0030; (c) The reasons for the inmate’s refusal or withdrawal of consent, if the inmate has refused or withdrawn consent; (d) Whether the inmate’s behavior constitutes good cause for involuntary administration of psychotropic medications as provided in OAR 291-064-0070; (e) Whether the reasons given for rejecting less intrusive procedures are medically sound; and (f) Whether the involuntary administration of psychotropic medication is in the inmate’s medical interest. (2) The independent examining physician shall not approve involuntary administration of psychotropic medications unless it is determined that good cause exists and the involuntary administration of psychotropic medications is in the inmate’s medical interest. (3) The independent examining physician will prepare a written report of his/her decision containing a summary of evidence presented and specific reasons for approving or disapproving involuntary administration of psychotropic medications. This report will be provided to: (a) The chief medical officer of the facility; (b) The inmate for whom involuntary administration of psychotropic medications is recommended; and (c) The treating practitioner. (4) A copy of the independent examining physician’s report will be made part of the inmate’s treatment record. (5) Approval of the involuntary administration of psychotropic medications shall be effective for 180 days. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0130 Appeal of the Independent Examining Physicians Determination (1) The inmate may appeal the determination of the independent examining physician in writing to the facility chief medical officer within 24 hours after the determination has been communicated to the inmate. (2) Upon receipt of the inmate’s request for appeal, the chief medical officer shall review the appeal and the report of the independent examining physician. (3) Except in emergencies as provided in this rule, medications will not be involuntarily administered until the chief medical officer has decided the appeal. (4) The chief medical officer shall approve or disapprove the independent examining physician’s decision within seven days of receiving the inmate’s request for appeal. (5) Written notice of the chief medical officer’s decision on appeal shall be provided to the inmate and made part of the inmate’s treatment record. (6) In the absence of the chief medical officer the notice of appeal will be given to the Department’s clinical director who shall either decide the appeal or delegate that decision to the chief medical officer of another Department of Corrections facility. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-064-0140 Periodic Review (1) When psychotropic medications are involuntarily administered pursuant to this rule, the treating practitioner shall: (a) Submit a progress report to the facility chief medical officer every 30 days; and (b) Place a copy of the progress report in the inmate’s treatment record. (2) The progress report will document the inmate’s response to medications, including the inmate’s attitude toward the medication and any changes in medication or side effects, and will indicate the treating practitioner’s prognosis of the inmate’s need for medications. (3) Discontinuation of medications or voluntary consent to medications will be included in the progress report. (4) The facility chief medical officer shall submit to the clinical director an annual report describing all involuntary administration of psychotropic medications. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 430.021 History: CD 8-1995, f. 4-24-95, cert. ef. 5-1-95
291-065-0005 Authority and Purpose (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.610, 137.630, 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of this rule is to specify the duties of parole and probation officers of Department of Corrections, as required by ORS 137.630 Statutory/Other Authority: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075 History: DOC 6-2006, f. & cert. ef. 7-24-06 CD 18-1985, f. & cert. ef. 8-2-85 CD 3-1982, f. & cert. ef. 1-15-82
291-065-0006 Definitions (1) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county. (2) Offender: Any person under the supervision of the Department of Corrections or a local community corrections office who is on parole, probation or post-prison supervision status. (3) Parole and Probation Officer: An employee of the Department of Corrections as defined in ORS 181A.355(13). Statutory/Other Authority: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075 History: DOC 4-2017, f. & cert. ef. 3-17-17 DOC 6-2006, f. & cert. ef. 7-24-06 CD 18-1985, f. & cert. ef. 8-2-85
291-065-0007 Duties and Assignments (1) Among the duties of the Department of Corrections parole and probation officers articulated by statute are: (a) To make investigation in relation to granting, revoking or modifying parole, post-prison supervision, transitional leave, local control, probation or conditional release as required by the Board of Parole and Post-Prison Supervision, courts or Department of Corrections; (b) To provide supervisory services and interventions to persons released on parole, post-prison supervision, transitional leave, local control or probation residing in this state with the goal of reducing the probability of continued criminal behavior; (c) To keep informed concerning conduct and conditions of such persons by visiting, requiring reports, and making collateral contacts; (d) To make reports to the Board of Parole and Post-Prison Supervision, courts or Department of Corrections as required; (e) Cause the execution of any arrest warrant on a person who is under supervision on parole, post-prison supervision, transitional leave, local control or probation status; and (f) To perform such additional duties as the local state director or Department of Corrections Assistant Director of Community Corrections may direct. (2) The priority of duties and assignments shall be determined by the parole and probation officer’s supervisor. Statutory/Other Authority: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.610, 137.630, 179.040, 423.020, 423.030 & 423.075 History: DOC 4-2017, f. & cert. ef. 3-17-17 DOC 6-2006, f. & cert. ef. 7-24-06 CD 18-1985, f. & cert. ef. 8-2-85
291-066-0100 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030, and 423.075 (2) Purpose: To provide uniform procedures for revoking short-term transitional leave authorized under ORS 421.168 or nonprison leave authorized under ORS 421.510. (3) Policy: It is the policy of the Department of Corrections that short-term transitional leave and nonprison leave may be revoked based upon a finding that the terms of leave have been violated, there are substantial reasons or circumstances that warrant the adult in custody be returned to the Department of Corrections, or both, and it has been deemed necessary that the revocation of leave is in the best interest of public safety. Statutory/Other Authority: ORS 179.040, 421.068, 423030, 423.075 & 423.020 Statutes/Other Implemented: ORS 179.040, 421.068, 423030, 423.075 & 423.020 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0110 Definitions (1) Adult in custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC’s legal custody but are temporarily outside of DOC’s physical custody for reasons that include , but are not limited to, court proceeding, medical appointments, work assignments, programs, or interstate compact. AIC also includes individuals who have been released onto STTL, Non-prison leave, or emergency leave. (2) Business Day: Monday through Friday, excluding weekends and holidays. (3) Calendar Day: Every consecutive day on the calendar, including holidays and weekends. (4) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections. (5) Hearings Officer: A person designated by the Department of Corrections to conduct short-term transitional leave and nonprison leave revocation hearings. (6) Nonprison Leave: A period of leave not to exceed 90 days preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program (AIP). Nonprison leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751, 421.508, and 421.510, and the department’s rules on Alternative Incarceration Programs (OAR 291-062). (7) Releasing Authority: The Assistant Director of the Community Corrections Division, the Functional Unit Manager, or their designee(s). (8) Revocation Hearing: A hearing to determine whether there is probable cause to believe the AIC has violated one or more conditions of short-term transitional or nonprison leave, whether there are substantial reasons or circumstances that warrant the AIC be returned to the Department of Corrections, or both. (9) Short-Term Transitional Leave: A period of leave not to exceed 120 days preceding an established release date designed to provide AICs with transitional opportunities that promote successful reintegration into the community. Short-term transitional leave is granted in accordance with ORS 421.168. Statutory/Other Authority: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0120 Revocation Hearing Requirement (1) When the releasing authority has determined that an AIC has violated a condition of short-term transitional leave or non-prison leave, and that revocation of leave is an appropriate response under the Department’s rules for Structured, Intermediate Sanctions (OAR 291-058), the Hearings Officer shall conduct a revocation hearing. (2) If an AIC consents to revocation of leave, a revocation hearing is not required. A revocation of short-term transitional or non-prison leave involving a return to prison may include a future disciplinary hearing as provided in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Statutory/Other Authority: ORS 197.040, 423.020, 423.030, 423.021, 423.075, 421.168 & 421.504 Statutes/Other Implemented: ORS 197.040, 423.020, 423.030, 423.021, 423.075, 421.168 & 421.504 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0130 Method of hearings (1) The Department of Corrections Hearings Unit or its designated representative shall conduct the revocation hearing. (2) The Hearings Officer may conduct hearings by teleconference, video conference, or in person. (3) The revocation hearing shall be conducted prior to the physical return of the AIC to DOC custody when feasible but is not required. If the revocation hearing is not conducted prior to the physical return of the AIC to DOC custody, the revocation hearing will be conducted once the AIC is housed in a DOC facility. Statutory/Other Authority: ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030 & 423.075 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0140 Rights at Hearings (1) The AIC shall be provided written notice of the revocation hearing at least three (3) business days prior to the hearing. (2) The hearing notice shall include: (a) A Notice of Rights/Decisions about Rights; (b) A written statement of alleged violations; (c) Any documents or evidence which form the basis of the alleged violations; and (d) The date and location of the hearing. (3) The AIC may elect to waive the three-business day notification period prior to or at the revocation hearing. (4) If the AIC elects to waive the three- business day notification period, the Hearings Officer shall obtain a written waiver or a recording of the AIC’s verbal statement waiving the three-business day notification period. (5) The Hearings Officer shall ascertain whether the AIC understands the allegations and their rights and whether the AIC can read, hear, and understand the language of the proceedings. The Hearings Officer shall postpone the revocation hearing if needed assistance is not readily available. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0150 Waiver of Revocation Hearing (1) In all cases, the AIC may waive their right to a revocation hearing by checking the appropriate box and signing the Notice of Rights/Decisions about Rights form. (2) A refusal to participate in the hearings process, including a refusal to check the appropriate box and sign the Notice of Rights/Decisions about Rights form, will constitute a waiver of the right to a revocation hearing for purposes of this rule. (3) When the Notice of Rights/Decisions about Rights form is presented to the AIC, the supervising officer or designee shall record or document in writing any statement(s) made by the AIC at the time of the waiver. (4) If the AIC has waived their right to a revocation hearing and no hearing is held, the supervising officer or designee shall submit the following items to the Hearings Officer for further processing: (a) Notice of Rights/Decision about Rights form; (b) Any written statements by the AIC or a summary of the AIC’s oral statements; (c) A Hearing Summary, including a history of local interventions and sanctions ordered and a recommendation regarding disposition; (d) Any supporting information, including the supervising officer’s report and other documentary evidence submitted. Statutory/Other Authority: ORS 179.040, 423.0420, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.0420, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021
291-066-0160 Rejection of Waiver If the Releasing Authority or designee is not satisfied that the AIC knowingly and intelligently waived his or her right to a revocation hearing or revocation hearing rights, or if additional information is needed before making its decision, it may order a new hearing, to be conducted by the Hearings Officer. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421.500 to 421.512 History: DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021 DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021