justicedao/ipfs_state_laws huggingface dataset:
291-024-0005 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 137.463, 137.473, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to establish specific procedures for administration of capital punishment in accordance with Oregon statutes. In addition, the rule establishes specific procedures for the care, custody and treatment of condemned inmates from the time an inmate is received through execution, and identifies responsibilities for preparation and carrying out of death sentences imposed under Oregon law. (3) Policy: (a) It is the policy of the Department of Corrections to discharge its statutory responsibility to carry out death sentences imposed under Oregon law in a manner that is consistent with Oregon statutes, and with the safe, secure and orderly management and operation of the Department of Corrections institution in which the execution takes place, the safety and security of Department staff and other persons directly involved in the execution process, and their families, with due regard for the dignity of the condemned inmate, and within the limitations of space and resources. Consistent with these policies, executions will be conducted in a manner designed to protect as completely as possible the anonymity of Department staff and other persons involved. All executions shall take place within the enclosure of a Department of Corrections institution designated by the Director of the Department of Corrections. (b) Conscience Clause: Except as provided by statute, no employee of the Department of Corrections shall be required to participate in the execution of an inmate sentenced to death. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 1-2003, f. & cert. ef. 2-5-03 DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11 DOC 1-2003, f. & cert. ef. 2-5-03 CD 2-1997, f. & cert. ef. 2-7-97 CD 10-1996, f. & cert. ef. 8-23-96 CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0010 Definitions (1) Basic Visiting: The opportunity for an inmate and approved visitor to see and talk with each other, on a scheduled basis for a reasonable period of time, with no physical contact. (2) Execution Camera Monitoring System: Non-recording camera installed over execution gurney with monitors for witness viewing of condemned inmate’s placement in restraints on the gurney and insertion of IV’s. (3) Execution Room: The location where executions will take place. (4) Immediate Family of the Victim: The victim’s parents, spouse or domestic partner, siblings, children, grandparents, including step relationships. (5) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (6) Superintendent: Any person within the Department of Corrections who reports to the Assistant Director(s) — Institutions and has the responsibility for the delivery and coordination of programs operations in a specific facility/institution. (7) Victim: The person or persons for whose murder the inmate was sentenced to death. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 1-2003, f. & cert. ef. 2-5-03 DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11 DOC 1-2003, f. & cert. ef. 2-5-03 CD 2-1997, f. & cert. ef. 2-7-97 CD 10-1996, f. & cert. ef. 8-23-96 CSD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0015 Reception, Orientation, and Housing When an inmate is received at an Oregon Department of Corrections institution with a sentence of death, the inmate will be immediately classified as maximum custody. The inmate will be housed in a maximum custody cell or unit at a Department of Corrections institution designated for the housing of inmates sentenced to death. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 1-2003, f. & cert. ef. 2-5-03 DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11 DOC 1-2003, f. & cert. ef. 2-5-03 CD 10-1996, f. & cert. ef. 8-23-96 CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0066 Forty Minutes Prior to Execution The Assistant Superintendent of General Services and/or other assigned personnel will escort the witnesses and all other approved visitors from the designated staging area to the processing station where they will enter the witness area. Two correctional captains will also be stationed in the witness area. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0070 DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11 DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0070 CD 10-1996, f. & cert. ef. 8-23-96 CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0071 Thirty Minutes Prior to Execution (1) There will be no visits after the inmate has been moved to the execution room. (2) Witnesses will be taken to the execution witness viewing room at a time coordinated with the Assistant Superintendent Security or his/her designee. (3) Execution camera monitoring system will be activated. (4) Movement of Condemned Inmate to Execution Room: (a) The death watch is suspended. All duties are assumed by the Special Security Team. (b) The Special Security Team Leader will supervise the activities of the special security team members. The six special security team members will escort the inmate in security restraints from the cell and position and properly restrain the inmate on the gurney in the execution room. (b) A trained person(s) will connect the heart monitor machine to the inmate. (c) A medically trained person(s) will insert/connect intravenous catheters for lethal injection. (3) At the appropriate time, the Superintendent will accompany the executioner(s) to the execution room, and ensure that the confidentiality of the executioner(s) has not been compromised. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0065 DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11 DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0065 CD 10-1996, f. & cert. ef. 8-23-96 CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0080 Execution Procedure (1) The Assistant Superintendent of Security or his/her designee shall make a final inspection of all straps, and with the assistance of medically trained staff, make final inspection of the intravenous catheters, and the injection equipment. When it is determined all is in order, he/she shall so advise the Superintendent. (2) Upon receiving a signal from the Superintendent, the Assistant Superintendent of Security or his/her designee shall open the window coverings so that the witnesses can see the inmate in position on the gurney. (3) At 12:01 a.m. or as soon thereafter as possible, the Superintendent shall signal the executioner(s) to begin injection of lethal solutions by syringe(s) into the injection port of the intravenous catheters. As prescribed by ORS 137.473, the lethal solutions will include an ultra-short acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death. (4) The executioner(s) shall signal the Superintendent when infusion of the lethal injection has been completed. Upon determining death of the inmate and time, the Superintendent will summon a medical professional to certify the inmate’s death. (5) Once the inmate has been pronounced dead, the witnesses will be escorted from the witness area. (6) The camera monitoring system will be turned off. (7) The Communications Manager will be notified of the time of the death and will inform the media assembled in the Media Center. Media witnesses will be escorted to the Media Center where they will share information as prearranged. (8) The Assistant Superintendent, Security, or his/her designee will remain with the body in the execution room and supervise the removal of the body. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: Reverted to DOC 1-2003, f. & cert. ef. 2-5-03 DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11 DOC 1-2003, f. & cert. ef. 2-5-03 CD 10-1996, f. & cert. ef. 8-23-96 CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0085 Stay of Execution If, during any stage of the execution prior to infusion of the lethal injection, the Superintendent is notified that a stay of execution has been ordered, execution procedures shall be halted and the witnesses shall be removed. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-024-0090 Post-Execution Procedure (1) The medical examiner or representative will process the death certificate and provide it to the Superintendent as soon as reasonably possible following the execution. (2) The Superintendent or his/her designee will make arrangements with the funeral home for removal of the body. The Assistant Superintendent of Security or his/her designee will properly identify the inmate’s body with identification photographs prior to release of the body. The State Police will be notified when the execution is completed and the body is ready for removal. (3) The Superintendent will submit a final report to the Director. Statutory/Other Authority: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075 History: CD 2-1997, f. & cert. ef. 2-7-97 CD 10-1996, f. & cert. ef. 8-23-96 CD 20-1993, f. 7-20-93, cert. ef. 8-1-93 CD 3-1988, f. & cert. ef. 3-21-88
291-027-0010 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, and 423.075. (2) Purpose: The purpose of this rule is to establish uniform guidelines for the proper notification and documentation of an inmate death. (3) Policy: It is the policy of the Department of Corrections to assure that effective channels of communication exist for prompt and proper reporting and investigation of inmate deaths and for timely and compassionate notification of the emergency contact person. 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 7-1994, f. 3-18-94, cert. ef. 4-1-94
291-027-0020 Definitions (1) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections. (2) Emergency Contact Person: That individual(s) designated by an inmate to be notified in case of an emergency. (3) Facility Contact Person: A staff member at each department facility designated by the functional unit manager to be responsible for coordinating contact and communication with the inmate's emergency contact person and other agencies as necessary. (4) Functional Unit Manager: Any person within the Department of Corrections who reports either to the 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) Interstate Corrections Compact (ICC) Inmate: An inmate housed in a correctional facility in a state different than the sentencing jurisdiction under rules of the Interstate Correctional Compact. (7) Officer-in-Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions during periods when the functional unit manager or his/her designee is not readily available. (8) Officer-of-the-Day: That person designated by the functional unit manager and approved by the Assistant Director for Operations or designee to act on behalf of the functional unit manager during non-business hours and other periods in which the functional unit manager may be absent. (9) Rental Bed Inmate: An inmate sentenced to the Department of Corrections who is being housed in an Oregon jail. (10) Trust Funds: Inmate money in the care and custody of the Department of Corrections that is deposited with the State Treasurer and managed by the Department of Corrections. 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 8-2011, f. 4-29-11, cert. ef. 5-2-11 CD 7-1994, f. 3-18-94, cert. ef. 4-1-94
291-027-0040 Removal of the Deceased (1) The deceased and the death scene will be left undisturbed unless authorized under OAR 291-027-0030 (4). (2) When the medical examiner and the State Police have released the body, the functional unit manager or designee will make arrangements for transportation of the deceased to the designated mortuary in accordance with contracts or local agreements negotiated by the department. (3) Assigned staff will maintain supervision of the deceased until the appropriate mortuary has taken control of the remains. This includes expected deaths that occur at outside medical facilities. Exceptions may be made by the functional unit manager or designee only after coordination with the assigned State Police investigator. (4) The State Police will determine the time and place that the deceased inmate will be fingerprinted and coordinate this process with the assigned institution when appropriate. 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 8-2011, f. 4-29-11, cert. ef. 5-2-11 CD 7-1994, f. 3-18-94, cert. ef. 4-1-94
291-027-0050 Notifications (1) The officer-in-charge or designee will make the necessary notifications in accordance with this rule, the emergency preparedness plan, and the Department of Corrections policy on Unusual Incidents Reporting Process (40.1.6). (2) The Department Communications Manager is responsible for reporting the incident to the Director, Deputy Director and appropriate assistant director. This responsibility may be delegated to the functional unit manager. (3) If the inmate death is from a suspected suicide, the Behavioral Health Services manager will be notified during the initial notifications immediately following the incident. (4) If the deceased inmate is a citizen of a country other than the United States, Immigration and Customs Enforcement (ICE) and the appropriate consulate will be notified as soon as possible. (5) If the deceased inmate is an ICC inmate housed by the department, the ICC coordinator will be notified by the functional unit manager or designee. The ICC coordinator will notify the administrator of the sentencing jurisdiction as soon as possible. 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 8-2011, f. 4-29-11, cert. ef. 5-2-11 CD 7-1994, f. 3-18-94, cert. ef. 4-1-94
291-027-0055 Duties of the Facility Contact Person (1) The facility contact person will coordinate contact with the inmate’s emergency contact person after the State Police have authorized notification. The staff person notifying the inmate’s emergency contact person may be the chaplain, facility contact person, or any other staff designated by the functional unit manager. (2) The facility contact person is responsible for coordinating the processes associated with disposition of the deceased’s inmate’s remains and personal property. (a) No specific details about circumstances surrounding the death will be provided without authorization of the State Police, district attorney, and the functional unit manager or designee. (b) The notifying staff member shall not engage in speculation concerning the possible cause of death. 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 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0065 Disposition of Remains (1) The inmate’s emergency contact person will be given the option of arranging for the final disposition of the inmate’s remains. All cost for those arrangements are the responsibility of the emergency contact person or family member that wishes to make those arrangements. (2) Inmates shall make prior arrangements with their designated emergency contact person concerning any religious or personal preferences that they have regarding the disposition of their remains. (3) The Department of Corrections is responsible for the final disposition of remains if the emergency contact person or family member of the inmate are unwilling or unable to do so. (4) If the Department of Corrections becomes the responsible agent in this matter, the authorized mortuary will provide this final service in accordance with contracted services or local agreements. (5) Trust funds from the deceased inmate’s accounts shall not be used to offset expenses incurred by the Department of Corrections related to the inmate’s death. 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 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0070 Property and Fund Disposition (1) The officer-in-charge will assure that an inventory is completed of the inmate's personal property and that it is secured for the State Police, if applicable. (2) After the inmate’s property has been released by the State Police, the facility contact person will make arrangements to have the property released to the emergency contact person. (a) The facility contact person will coordinate the preparation of the property and arrange for disposition of this property with the inmate’s emergency contact person. The property will be placed in an appropriately sized container for disposition. (b) Abandoned property will be disposed of in accordance with OAR 291-117-0140, Disposition of Inmate Property. (c) All documentation concerning the property will be processed and maintained in accordance with OAR 291-117-0140, Disposition of Inmate Property. (3) Funds held in a deceased inmate’s trust account will be disbursed in accordance with ORS 112 and the department’s rule on Central Trust (OAR 291-158). 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 8-2011, f. 4-29-11, cert. ef. 5-2-11 CD 7-1994, f. 3-18-94, cert. ef. 4-1-94
291-027-0080 Death Outside the Facility (1) Prior to Inmate Death: When imminent death can be predicted, Health Services staff will work with the officer-of-the-day to ensure that all appropriate notifications are completed in advance, including the medical examiner. (2) Outside Work Crews: In the event of an incident involving death or possible death of an inmate assigned to an outside crew, the work crew supervisor will immediately activate local emergency medical services if available. The work crew supervisor will then notify the applicable facility. The officer-in-charge of the facility will be responsible to implement the procedures outlined in OAR 291-027-0030, Assessment and Security. (3) ICC Inmate sentenced to DOC: The ICC agreement for all inmates sentenced to the department will address the arrangements to be used if the inmate dies while in custody of the receiving jurisdiction. Details of the agreement will include required notifications, transport of the body or remains, and financial responsibility for associated costs. (4) Rental Bed Inmate: Local jurisdictions will report the death of any department inmate in their custody to the Department of Corrections as soon as possible, and furnish all information requested. The Department of Corrections is responsible for making final disposition of the inmate’s body and providing notice to the inmate’s emergency contact person. These arrangements will be included in all rental bed agreements. (5) Outside Medical Facility: When an inmate dies while under the care of an outside medical facility, the staff assigned to the hospital watch or medical trip escort will be responsible for immediately contacting the officer-in-charge at the inmate’s assigned institution. (a) The officer-in-charge of the facility will be responsible to implement the procedures outlined in OAR 291-027-0030, Assessment and Security. (b) The officer-in-charge will determine if a crime scene log needs to be initiated. (c) Arrangements for transportation of the deceased inmate from the outside medical facility to the designated mortuary will be made in accordance with contracts or local agreements negotiated by the department. (d) The staff assigned to hospital watch will remain with the deceased inmate until the designated mortuary has taken control of the remains. Exceptions may be made by the functional unit manager or designee only after coordination with the assigned State Police investigator. 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 8-2011, f. 4-29-11, cert. ef. 5-2-11 CD 7-1994, f. 3-18-94, cert. ef. 4-1-94
291-028-0100 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 144.404 to 144.409, 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to establish safe and uniform procedures, standards, and guidelines for conducting searches and for handling, storing, and disposing of a person’s property. Statutory/Other Authority: ORS 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 144.404 – 144.409, 179.040, 423.020, 423.030 & 423.075 History: DOC 2-2024, amend filed 02/26/2024, effective 02/26/2024 DOC 7-2006, f. & cert. ef. 7-24-06