justicedao/ipfs_state_laws huggingface dataset:
291-105-0056 AIC Rights in Formal and Informal Hearings (1) Hearing: The AIC shall be entitled to a hearing whenever a misconduct report has been filed. An AIC receiving a minor misconduct report shall not receive a formal hearing, unless specifically requested. (2) Waiver of Hearing: (a) The AIC may waive the right to a hearing. Waiver of the right must be made in writing, verbally, or through behavior and must be documented on the record. An AIC’s refusal to attend the hearing will constitute a waiver. (b) If the AIC waives the right to a hearing, the case will be reviewed on its merits by the Hearings Officer or adjudicator in accordance with the procedures outlined in these rules (OAR 291-105). (3) Notice of Hearing: (a) The AIC shall be given written notice of the hearing no less than 24 hours prior to the hearing. The AIC may consent to holding the hearing sooner either verbally or in writing. (b) The notice shall include a statement of the AIC’s rights with respect to the hearing. (4) Representation: (a) In all cases, the AIC shall be entitled to: (A) Provide a defense through written or oral testimony. (B) Be present at all evidentiary stages of the hearing process, except when the Hearings Officer or adjudicator finds that to have the charged AIC present would constitute an immediate threat to facility security or the AIC’s behavior during the hearing warrants exclusion. The reason(s) for the finding shall be part of the record. (C) AICs shall be excluded during the testimony of any witness whose testimony must be given in confidence. The reasons for the AIC’s absence or exclusion shall be made part of the record. (b) Assistance by an employee, AIC, or other person approved by the Hearings Officer or adjudicator will be ordered in cases where it is found that assistance is necessary based upon language barriers, the AIC’s capacity to prepare a defense, or the AIC’s ability to understand the charge(s), surrounding facts, or rights available to the AIC. (5) AICs shall be allowed to submit evidence, except when the Hearings Officer or adjudicator finds that to have the evidence present would constitute an immediate threat to a facility or not assist in the resolution of the hearing, as provided in OAR 291-105-0028 or OAR 291-105-0046. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 421.180, 423.020, 423.030, 423.075, ORS 179.040 & 421.068 History: DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 14-2008, f. & cert. ef. 6-2-08 DOC 16-2000, f. & cert. ef. 6-19-00 CD 9-1995, f. 5-23-95, cert. ef. 6-1-95 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 CD 5-1989, f. & cert. ef. 4-21-89 CD 30-1985, f. & ef. 8-16-85 CD 8-1985(Temp), f. & ef. 6-19-85 CD 25-1982, f. & ef. 11-19-82 CD 13-1980, f. & ef. 4-15-80 CD 19-1979(Temp), f. & ef. 10-19-79
291-105-0058 Investigations in Formal and Informal Hearings (1) The Hearings Officer or adjudicator may order an investigation. (2) The investigator shall not have been a witness to the event or have participated in the case as a charging officer. (3) The Hearings Officer or adjudicator shall disclose the results of the investigation to the AIC unless disclosure of the investigative results would constitute a threat to the safety, security, or orderly operation of a facility. The reason(s) for nondisclosure shall be made a part of the record. The Hearings Officer or adjudicator shall not provide the AIC with copies of supplemental documents that comprise the case against the AIC. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.180, 423.020, 423.030 & 423.075 History: DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05 CD 9-1995, f. 5-23-95, cert. ef. 6-1-95 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 CD 5-1989, f. & cert. ef. 4-21-89 CD 38-1987, f. & cert. ef. 10-2-87 CD 30-1985, f. & cert. ef. 8-16-85 CD 8-1985(Temp), f. & cert. ef. 6-19-85 CD 25-1982, f. & cert. ef. 11-19-82 CD 13-1980, f. & cert. ef. 4-15-80 CD 19-1979(Temp), f. & cert. ef. 10-19-79
291-105-0071 Additional Sanctions for Minor Violations The additional sanctions available to the Hearings Officer or adjudicator for minor violations include, but are not limited to: (1) Restitution: AICs shall be responsible for making full restitution for any damage or loss of property. In addition, AICs shall be financially responsible for all costs associated with or resulting from the misconduct. There is no limit on the amount of restitution which can be ordered. There must always be a documented factual basis in the record to support the restitution amount. (2) Confiscation of property or contraband. (3) Reduction to basic visiting status (non ‑ contact): For a minor violation, basic visiting status may be imposed up to a maximum of 28 days for any one violation. (4) Extra work detail: For a minor violation, the limit on extra work detail is a maximum of 40 hours, to be completed within 30 days after the hearing. (5) Other sanctions as deemed appropriate by the Hearings Officer or adjudicator and approved by the functional unit manager or designee. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 History: DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 14-2008, f. & cert. ef. 6-2-08 DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02 CD 16-1996, f. 11-13-96, cert. ef. 11-15-96 CD 9-1995, f. 5-23-95, cert. ef. 6-1-95 CD 6-1993, f. 3-10-93, cert. ef. 4-1-93 CD 8-1992, f. 3-27-92, cert. ef. 4-15-92 Reverted to CD 25-1982, f. & ef. 11-19-82 CD 8-1985(Temp), f. & ef. 6-19-85 CD 25-1982, f. & ef. 11-19-82 CD 13-1980, f. & ef. 4-15-80 CD 19-1979(Temp), f. & ef. 10-19-79
291-105-0081 Adjustments to Final Orders (1) Adjustments to Final Orders shall be initiated by an employee and documented using the Adjustment to Final Order form. Adjustments to Final Orders must pertain to a specific disciplinary case. (2) In recommending adjustments to Final Orders, the designated institution committee will consider each individual AIC’s particular circumstances and significant positive behavior change. Recommendations will be made by the designated institution committee to the functional unit manager or designee to make adjustments to the Final Orders regarding fines, basic visiting, earned time, statutory good time, extra good time credits, or LOP sanctions greater than 29 days. (a) Generally, the AIC should have served/completed at least 50% of the sanction imposed and demonstrated a significant positive behavior change before an adjustment to that sanction would be considered. If the recommendation for the adjustment would be more than 50%, the recommendation to the functional unit manager or designee shall include factors that justify more than a 50% adjustment. (b) Generally, a restoration of earned time, statutory good time, or extra good time credits should not cause an AIC’s release date to move within 60 days of the date of adjustment. If the restoration of earned time, statutory good time, or extra good time credits should cause an AIC’s release date to move within 60 days of the date of adjustment, the recommendation for restoration must also go through the Department’s Release Services Manager, who must also approve the restoration of retracted time. (3) The functional unit manager or designee will approve, deny, or amend the recommendations of the designated institution committee. (4) Copies of the approved Adjustment to Final Order will be provided to appropriate sections for necessary action, including the Hearings section, where the amendment will be entered into the disciplinary system. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 History: DOC 24-2024, amend filed 10/22/2024, effective 10/22/2024 DOC 10-2024, temporary amend filed 05/22/2024, effective 06/01/2024 through 11/27/2024 DOC 10-2023, amend filed 05/23/2023, effective 05/23/2023 DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 4-2018, amend filed 05/04/2018, effective 05/04/2018 DOC 1-2018, temporary amend filed 01/24/2018, effective 01/24/2018 through 07/22/2018 DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11 DOC 14-2008, f. & cert. ef. 6-2-08 DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05
291-105-0100 Vacating or Withdrawing the Final Order in the Interest of Justice The Inspector General, Assistant Director for Operations, or their designees may, in the interest of justice, vacate all or part of a final disciplinary order or withdraw the order and direct that a disciplinary hearing be reopened for consideration of new evidence. Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075 History: DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020 DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11 DOC 11-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11 DOC 14-2008, f. & cert. ef. 6-2-08 DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05 DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99
291-107-0005 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 set guidelines to govern the circulation of petitions by inmates within a Department of Corrections facility. (3) Policy: It is the policy of the Department of Corrections to assure that effective channels of communication between inmates, community, and staff exist. Suggestions for improvements are welcome and encouraged. Those inmates who have not been able to resolve problems through other available channels (i.e., the Inspector General, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the facility manager in accordance with the procedures included in this rule. Statutory/Other Authority: ORS 179 & 423 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 3-2019, amend filed 01/22/2019, effective 01/22/2019 CD 38-1986, f. & ef. 10-17-86 CD 22-1985, f. & ef. 8-5-85 CD 32-1978, f. 10-24-78, ef. 10-25-78
291-107-0010 Definitions (1) Department of Corrections Facility: An institution or its satellite, release center, or office, including the grounds, operated by the Department of Corrections. (2) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations. (3) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director or an administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent. (4) Inmate: Any person under the supervision of Department of Corrections who is not on parole, post-prison supervision or probation status. Statutory/Other Authority: ORS 179 & 423 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 3-2019, amend filed 01/22/2019, effective 01/22/2019 CD 38-1986, f. & ef. 10-17-86 CD 22-1985, f. & ef. 8-5-85 CD 32-1978, f. 10-24-78, ef. 10-25-78
291-107-0015 Procedures (1) Those inmates who have not been able to resolve problems through other available channels (i.e., the Inspector General, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the functional unit manager as directed in this rule. Any inmate or other person desiring to circulate a petition will present the petition to the functional unit manager adding any supporting information that would justify its approval. Permission to circulate petitions within a Department of Corrections facility will be approved if: (a) There is factual information; (b) All other available avenues to remedy a problem or seek a solution to the issue or subject of the petition have been exhausted; (c) The outcome of circulating the petition has the potential to benefit or improve the facility population or the people of the State of Oregon; (d) Circulation of the petition would not seriously disrupt the order and security of the facility. (2) The functional unit manager will respond, in writing, within ten days and will: (a) If the petition is approved, advise the petitioner of the manner in which the petition may be circulated; (b) If the petition is denied, advise the petitioner of reason for denial. Statutory/Other Authority: ORS 179 & 423 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 3-2019, amend filed 01/22/2019, effective 01/22/2019 CD 22-1985, f. & ef. 8-5-85 CD 32-1978, f. 10-24-78, ef. 10-25-78
291-109-0100 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish department policy and procedures for adults in custody (AIC) to communicate with employees, and the administration of the department’s internal grievance review and grievance appeal system for individuals in the custody of the Department of Corrections. (3) Policy: (a) It is the policy of the Department of Corrections to encourage adults in custody to address their concerns informally with appropriate employees and managers through dialog or in writing by utilizing communication forms. Adults in custody having information or concerns regarding the conduct or behavior of employees that may directly threaten the life, health, and safety of employees or adults in custody are also encouraged to communicate their information and concerns to the department using such other systems as the department may develop, for example, the Inspector General’s hotline. (b) Recognizing that due to the complex nature of the correctional setting some disputes between employees and adults in custody may not be readily resolved at an informal level, it is the policy of the Department of Corrections to permit and encourage adults in custody to seek resolution of disputes with employees, contractors, or volunteers of the Department of Corrections or Oregon Corrections Enterprises using the department’s internal grievance review and appeal system established in these rules. (c) 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 that all adults in custody be treated fairly and equitably, and that employee actions and decisions be consistent with the rules, policies, and procedures of the department. Statutory/Other Authority: 423.020, 423.030, 423.075 & ORS 179.040 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 16-2019, amend filed 10/18/2019, effective 10/18/2019 DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11 DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06 DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03
291-109-0205 Grievance and Grievance Appeal Timelines (1) Grievances must be received by the institution grievance coordinator within 14 calendar days from the date of the incident or issue being grieved unless the adult in custody can satisfactorily demonstrate why the grievance could not be timely filed. Untimely grievances will be denied and returned to the adult in custody with a statement of the rule. (2) Initial grievances will be responded to within 35 calendar days from the date the initial grievance was accepted, unless further review is necessary to fully respond to the adult in custody’s initial grievance, in which case the adult in custody will be notified that the department will respond within an additional 14 calendar days. (3) Initial grievance appeals must be received by the institution grievance coordinator within 14 calendar days from the date the initial grievance response was sent to the adult in custody unless the adult in custody can satisfactorily demonstrate why the initial grievance appeal could not be timely filed. Untimely initial grievance appeals will be denied and returned to the adult in custody with a statement of the rule. (4) Initial grievance appeals will be responded to within 35 calendar days from the date the initial grievance appeal was accepted, unless further review is necessary to fully respond to the adult in custody’s initial grievance appeal, in which case the adult in custody will be notified that the department will respond within an additional 14 calendar days. (5) Final grievance appeals must be received by the institution grievance coordinator within 14 calendar days from the date the initial grievance appeal response was sent to the adult in custody unless the adult in custody can satisfactorily demonstrate why the final grievance appeal could not be timely filed. Untimely final grievance appeals will be denied and returned to the adult in custody with a statement of the rule. (6) Final grievance appeals will be responded to within 35 calendar days from the date the final grievance appeal was accepted, unless further review is necessary to fully respond to the adult in custody’s final grievance appeal, in which case the adult in custody will be notified that the department will respond within an additional 14 calendar days. (7) If the deadline for submitting a grievance or grievance appeal falls on a weekend or legal holiday, that grievance or grievance appeal will be deemed timely if the grievance or grievance appeal form is timely dated by the adult in custody and the institution grievance coordinator receives the grievance or grievance appeal during the first business day following the weekend or legal holiday in which the deadline passed. (8) Grievances, grievance appeals, or responses may be consolidated by the department. Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 History: DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019
291-109-0215 Grievance and Grievance Appeal Submission Limits (1) An adult in custody shall not have more than four active complaints (grievances, discrimination complaints, or appeals of either) at any time. Any grievance or grievance appeal submitted exceeding that limit will be found to be an improper use of the grievance review and discrimination complaint review systems and returned to the adult in custody with a statement of the rule. (2) An adult in custody may not submit more than a combined total of four initial grievances and discrimination complaints per calendar month. (3) For purposes of these rules, an emergency grievance, as defined in OAR 291-109-0110(12), or any appeal regarding an emergency grievance, is not counted when determining the number of active complaints or the number of submitted grievances or discrimination complaints within any calendar month. (4) Any grievance or discrimination complaint (or appeal of either) received that causes the adult in custody to exceed the limits described in OAR 291-109-0215(1) or (2) will be considered an improper use of the grievance review and discrimination complaint review systems. Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075 History: DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025 DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019
291-109-0230 Initial Grievance Appeals (1) An adult in custody may appeal the initial grievance response using the grievance appeal form. (a) The initial grievance appeal must include the original grievance, attachments, and employee response(s). (b) The initial grievance appeal must comply with the timeframes set forth in OAR 291-109-0205. (c) The scope of the original grievance cannot be expanded on appeal. (d) No new information may be submitted with the initial grievance appeal unless the information was unavailable to the adult in custody at the time the original grievance was filed or if the initial grievance response noted that the information was missing and the submitted information is directly related to the alleged issue or incident being grieved. (2) After the initial grievance appeal has been date stamped and recorded, the adult in custody will be issued a return receipt. If accepted, the initial grievance appeal will be forwarded to the functional unit manager or designee for review and response. (3) If an initial grievance appeal is returned to the adult in custody because it does not comply with these rules, the adult in custody may elect to resubmit the initial grievance appeal to the institution grievance coordinator. In order to be accepted, the initial grievance appeal must be received by the institution grievance coordinator within 14 calendar days from the date the initial grievance appeal was sent back to the adult in custody for correction and have the required corrections to bring the initial grievance appeal into compliance with these rules. The return receipt must accompany the resubmitted initial grievance appeal. If corrected and resubmitted, the original grievance appeal and complete packet must also be attached to the initial grievance appeal. Multiple resubmissions may not exceed the initial 14-day timeline. (4) The functional unit manager or designee shall respond to the adult in custody’s initial grievance appeal within the timeframes set forth in OAR 291-109-0205. Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075 History: DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025 DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019