justicedao/ipfs_state_laws huggingface dataset:
291-082-0145 Work Crew Supervision Training (1) Before supervising a community inmate work crew, all employees of the Department of Corrections and other local, state or federal governmental agencies that have been designated to supervise inmates assigned to community work crews will minimally receive eight hours of supervisory training. This training shall be developed, approved, and provided by the Department of Corrections Professional Development Unit staff member or adjunct training. (2) The department will provide the designated employees periodic follow-up training at least annually. Training may be provided by the department more frequently if the department determines additional training to be necessary or advisable. Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075 History: DOC 6-2015, f. & cert. ef. 5-21-15 DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15 DOC 27-2008, f. & cert. ef. 11-7-08 DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0045 DOC 3-2002, f. & cert. ef. 1-16-02
291-083-0005 Authority and Purpose (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 423.020 and 423.075. (2) Purpose: To establish criteria and procedure for placement of an inmate on controlled feeding status. Statutory/Other Authority: ORS 423 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: CD 28-1989, f. & cert. ef. 12-29-89 CD 13-1989(Temp), f. & cert. ef. 7-11-89
291-083-0010 Definitions (1) Acceptable Behavior: Behavior that does not include throwing or misusing food or human waste or misuse of eating trays or utensils. (2) Controlled Feeding Status: Status in which the form of food is modified and served as Nutra Loaf in order to reduce the use of food, eating utensils and human waste as weapons against staff and others. (3) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or the coordination of program operations. In a correctional setting, the functional unit manager or designee is the superintendent. (4) Human Waste: Materials issued from the human body, including but not limited to, blood, feces, urine, and other potentially infectious materials. (5) Nutra Loaf: A product made from a combination of food items used in the preparation of mainline meals or medically assigned diets using standardized portion sizes and nutritionally balanced recipes. Recipes are kept on file by the Food Services Manager. The dietician is responsible for updating recipes and retaining nutritional information. 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 18-2011, f. & cert. ef. 10-6-11 CD 28-1989, f. & cert. ef. 12-29-89 CD 13-1989(Temp), f. & cert. ef. 7-11-89
291-083-0015 Procedures (1) Inmates may be placed immediately on controlled feeding status with the approval of the functional unit manager or designee t for the following behavior: (a) Throwing or misusing food or human waste. (b) Failure to voluntarily return the eating utensils and tray to staff after each meal. (2) The staff member who observes the adverse behavior shall prepare a disciplinary report as outlined in the Department of Corrections Rule on Inmate Prohibited Conduct and for Processing Disciplinary Actions (OAR 291-105), containing the charges and other appropriate information. (3) The housing unit officer in charge shall recommend to the functional unit manager or designee that an inmate be placed on controlled feeding status. (4) Upon approval of the functional unit manager or designee, the housing unit officer in charge shall submit, prior to the end of the shift, a copy of the controlled feeding order form to the Food Services Manager or designee and retain the original form in the housing unit. (5) Upon receipt of the controlled feeding order, the Food Services Manager or designee shall provide Nutra Loaf for the inmate on controlled feeding to coincide with the regular meal schedule. (6) A review of the controlled feeding order shall be conducted by the functional unit manager or designee and the housing unit officer in charge every 24 hours from the reported misconduct. The 24 hour review shall be noted on the controlled feeding form and in the housing unit log. The completed original feeding form will be sent to the functional unit manager for archival disposition. A copy of the completed from, retained as part of the housing unit log, will suffice as documentation within the housing unit. (7) Return to normal feeding and the outcome of the disciplinary hearing process are not necessarily related. Controlled feeding status shall be rescinded when the inmate demonstrates a return to acceptable behavior for a period of 24 hours. Return to normal feeding status does not affect the disciplinary process or the application of sanctions for rule violations. (8) Seven days shall be the maximum length of time that an inmate shall remain on controlled feeding status per incident. (9) If, after returning to regular feeding status, the disruptive behavior recurs, the inmate may be returned to controlled feeding status as outlined in this rule. 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 18-2011, f. & cert. ef. 10-6-11 CD 13-1994, f. 7-19-94, cert.ef. 8-1-94 CD 28-1989, f. & cert. ef. 12-29-89 CD 13-1989(Temp), f. & cert. ef. 7-11-89
291-086-0010 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) 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 policies and procedures for authorizing adults in custody access to and use of certain approved information technology while incarcerated in a Department of Corrections facility, and for appropriate supervision and management standards and practices to ensure adequate security safeguards for the same. (3) Policy: (a) Access to and use of information technology in Department of Corrections facilities is increasingly important for adults in custody to access and participate in education programs, Career and Technical Education (CTE) programs, re-entry programs, work programs, food services, law library services, general library services, recreation programs, and other programs and facility operations, and for successful transition into the community upon release from incarceration. (b) Accordingly, within the inherent limitations of resources and the need for facility security, safety, health, and good order, it is the policy of the Department of Corrections to authorize adults in custody to access and use approved information technology while incarcerated in Department of Corrections facilities in accordance with these rules. (c) When authorized by the department, adult in custody access to and use of approved information technology is permitted neither as a matter of right nor as a privilege of the adult in custody; rather, adult in custody access to and use of information technology may be authorized when in the judgment of the department it furthers the adult in custody’s programming and rehabilitation, the department’s correctional goals and mission, and is consistent with the safe, secure, orderly, and efficient management and operation of Department of Corrections facilities. (d) Appropriate supervision and management practices associated with adult in custody access to and use of approved information technology shall be maintained at all times to ensure adequate security safeguards. 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 23-2024, amend filed 10/14/2024, effective 10/14/2024 DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05 DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05 DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99
291-086-0030 General (1) Adult in Custody Access to Approved Information Technology: (a) Adults in custody may only be granted access to approved information technology and only for purposes approved by the functional unit manager or designee and Information Technology Services in accordance with these rules. (b) Approved purposes may include but are not limited to education programs, Career and Technical Education programs, re-entry programs, work and program assignments, food services, law library services, general library services, recreation programs, and other approved programs. (2) IT Security Measures: The Department of Corrections shall employ IT security measures to ensure adults in custody only have access to approved information technology, systems, applications, or websites. These measures may include but not be limited to operating system usage restrictions, firewalls, log aggregation, keystroke logging, or session mirroring. (3) Requests for Purchase, Acquisition, or Implementation of Adult in Custody Information Technology: All proposed requests for the purchase, acquisition, or implementation of adult in custody information technology shall be reviewed by the Information Security Officer, Information Technology Services Technical Services Manager, and the Assistant Director of Operations to ensure all adult in custody accessible devices and systems are researched and approved as meeting any security protocols established by the Department of Corrections Information Security Officer and Department of Administrative Services (DAS) Cyber Security Services. (4) Donations: No Department of Corrections facility or office shall accept any donated information technology from any individual or organization without the prior written approval of the Assistant Director of Administrative Services and the Assistant Director of Operations. (5) All employees responsible for acquiring information technology for adults in custody shall follow Department of Corrections policies on procurement and contracting. Employees who are requesting new acquisition of, or upgrades to, information technology should familiarize themselves with the aforementioned policies. (6) Employees shall observe all state and federal requirements regarding the handling and sharing of confidential legal work and education records. (7) Employees shall be responsible for the control and security of any media, Wi-Fi, wired connectivity or telephone line used within an area where adults in custody are allowed to access information technology. 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 23-2024, amend filed 10/14/2024, effective 10/14/2024 DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05 DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05 DOC 15-2000, f. & cert. ef. 6-19-00 DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99
291-086-0036 Management of Approved Information Technology (1) The Chief Information Officer (CIO) or designee is responsible for the overall management of information technology authorized for approved use by adults in custody, which shall include, but is not limited to: (a) Installation and maintenance of information technology systems; (b) Installation and maintenance of information technology software; (c) Installation and configuration of internet connection(s); (d) Implementation of security controls; (e) Securing and maintaining appropriate licenses; (f) Updating information technology systems, software, and security controls, as necessary; (g) Setting up network folders and authorizing access to appropriate internet sites; (h) Blocking access to certain internet sites; (i) Ensuring that adults in custody cannot use information technology to access any confidential information, Departmental sites or programs, or unapproved external sites or entities; (j) Maintaining a list of authorized internet sites and notifying applicable employees of any changes to the list; (k) Managing adult in custody user accounts to include expiration dates, size limitations, etc.; (l) Ensuring appropriate employees monitor information technology access by adults in custody to improve service levels and prevent unauthorized use or access by adults in custody; (m) Ensuring that any security breaches related to adult in custody information technology access are reported and appropriately investigated; (n) Overseeing audits of information technology access by adults in custody; and (o) Providing any necessary technical assistance to employees that are responsible for supervising information technology access by adults in custody. (2) Service or repair work to be performed on information technology must not be performed in the presence of an adult in custody unless authorized by the Information Technology Services Technical Services Manager or designee. (3) Information technology systems and adult in custody accounts must be routinely audited no less than once every six months by employees who are familiar with the usage of the system and trained to look for security issues or violations. (4) Audits will be logged and provided to work or program supervisors on a quarterly basis. Audits highlighting or identifying security issues will be provided to the Information Security Officer immediately. Work or program supervisors will submit an annual report containing the previous year’s audit reports to the Information Security Officer and the Assistant Director of Operations. (5) All information technology approved for adult in custody access will be identified as such with highly visible, conspicuous labeling. 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 23-2024, adopt filed 10/14/2024, effective 10/14/2024
291-086-0045 Approval Process for Adult in Custody Information Technology User Accounts (1) Supervisors submitting an AIC access to information technology form (CD 1426A) shall submit the request through the institution assignment office. The assignment office will screen the adult(s) in custody for appropriateness of the assignment or eligibility of the adult(s) in custody and report findings to the requestor. (2) Criterion that will exclude an adult in custody from using information technology includes but is not limited to computer-related crime(s), identity theft crime(s), or documented violation of this rule. (3) Adults in custody approved for access to information technology must sign an AIC access to information technology acknowledgement statement (CD 1426B) prior to using any information technology system. (4) Adults in custody approved for access to information technology will need to obtain an adult in custody domain user account from Information Technology Services or Oregon Corrections Enterprises. (a) The supervisor shall request a domain user account for the adult in custody by forwarding a copy of the AIC access to information technology acknowledgement statement (CD 1426B) to Information Technology Services or Oregon Corrections Enterprises. (b) Information Technology Services or Oregon Corrections Enterprises will follow their standard procedures for creating a user account. (c) Adult in custody user accounts will be created using username and password requirements matching current Department of Corrections standards, a standardized storage size limit, and an expiration date to not exceed their release date. (d) The adult in custody supervisor shall inform Information Technology Services or Oregon Corrections Enterprises of any changes in an adult in custody’s approved access to information technology. Information Technology Services or Oregon Corrections Enterprises will update the adult in custody user account to reflect the change, up to and including deletion of the account. 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 23-2024, amend filed 10/14/2024, effective 10/14/2024 DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05 DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05 DOC 15-2000, f. & cert. ef. 6-19-00
291-086-0049 Process for Requesting Information Technology to Assist With a Disability (1) To request information technology to assist with a disability, an adult in custody should contact the institution ADA Coordinator to make an accessibility request. All information technology requested through the accessibility request process are subject to Information Technology Services or Oregon Corrections Enterprises review and approval. (2) In the event of non-use, improper use, or abuse of information technology described in this rule, an adult in custody’s access to approved information technology may be modified, suspended, or restricted. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024
291-086-0070 Review of Access Restrictions Upon being notified of the department’s decision to restrict an adult in custody’s access to information technology, the adult in custody may request review of the decision through: (1) The administrative hearings process as governed by the department’s rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105), if a misconduct report has been submitted for the action; (2) The grievance review system as governed by the department’s rules on Grievance Review System (OAR 291-109), if no misconduct report has been submitted for the action; or (3) The ADA grievance process as governed by the department’s rules on Accessibility for Adults in Custody with Disabilities (OAR 291-111), if the adult in custody’s access restriction is for information technology described in OAR 291-086-0049. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024
291-086-0071 Removal of Access Restriction (1) An adult in custody may request that their restriction from access to information technology be removed after one year from the restriction date. (a) To request removal of a restriction from access to information technology an adult in custody must send an AIC communication form requesting removal of the access restriction, together with any supporting documentation, to the designated committee at the facility where the adult in custody is currently housed. Documentation submitted as part of this review process will not be returned to the adult in custody. The request should support that the adult in custody has demonstrated significant positive behavior change and no longer poses a threat to the security of the facility, the department, or the community through access to information technology. (b) The designated committee may gather information pertinent to the restriction review. The review will include a recommendation from Information Technology Services. (c) The designated committee shall complete its review within 30 days after receiving the adult in custody’s request for removal of the access restriction. If the review takes longer than 30 days, the reason for the delay will be documented with the resulting recommendation. The committee will forward their recommendation to the Department of Corrections Operations Technology Liaison. (2) The Department of Corrections Operations Technology Liaison or designee shall review and track the recommendation provided by the designated committee. The Department of Corrections Operations Technology Liaison will forward the recommendation to the Institutions Administrators or their designees for decision. The decision will ordinarily be issued within 30 days of receipt. If the review takes longer than 30 days, the reason for the delay will be documented. (3) The Institutions Administrators or their designees shall notify the adult in custody of the decision in writing. The decision shall be final and is not subject to further review for a period of one year from the date of the decision. (4) Requests for removal of restrictions from access to information technology described in OAR 291-086-0049 must be submitted and processed through the ADA accessibility request process as governed by the department’s rules on Accessibility for Adults in Custody with Disabilities (OAR 291-111). Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 23-2024, adopt filed 10/14/2024, effective 10/14/2024
291-093-0005 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 this rule is to establish procedures and standards for the management of adults in custody (AIC) assigned by the Department to the Death Row Housing Unit and to designated Death Row status cells, and for the assignment of AICs with the sentence of death to appropriate housing. (3) Policy: It is the policy of the Department of Corrections to assign AICs with a sentence of death to appropriate housing, which may include Death Row Housing Unit or a Death Row status cell or other housing. 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 16-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DOC 22-2018, amend filed 08/10/2018, effective 08/10/2018 DOC 4-2013, f. & cert. ef. 4-15-13 DOC 11-2012(Temp), f. & cert. ef. 11-5-12 thru 5-4-13 CD 24-1994, f. 12-21-94, cert. ef. 1-3-95 CD 14-1989(Temp), f. & cert. ef. 7-11-89
291-093-0006 Definitions (1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status. (2) AIC on Death Row Status: An AIC under sentence of death who has been assigned by the Department to the Death Row Housing Unit or to a Death Row status cell. (3) 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 the coordination of program operations. In a correctional facility, the superintendent is the functional unit manager. (4) Office of Population Management: A functional unit of the department that oversees capacity and resource management, long term prison planning, the AIC classification system, high risk AIC placement, Interstate Corrections Compact, treatment and program screening, Oregon Youth Authority/Oregon State Hospital/ghost caseloads, transgender AICs, centralized Static 99R assessments, centralized transfer authority, and staff and AIC conflict review. (5) Special Population Management Committee (SPM): A committee that is chaired by a representative from the Office of Population Management and is composed of at least two additional Department staff from institution operations, and Behavioral Health Services who are responsible for reviewing referrals to the Intensive Management Unit (IMU), mental health special housing, or administrative housing. 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 16-2020, amend filed 10/01/2020, effective 10/01/2020 DOC 9-2020, temporary amend filed 05/27/2020, effective 05/27/2020 through 11/22/2020 DOC 22-2018, adopt filed 08/10/2018, effective 08/10/2018