justicedao/ipfs_state_laws huggingface dataset:
291-047-0010 Definitions (l) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections. (2) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status. (3) Mentally Ill Inmate: An inmate who, because of a mental disorder, is one or more of the following: (a) Dangerous to self or others. (b) Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety. (c) An inmate who: (A) Is chronically mentally ill, as defined in ORS 426.495; (B) Within the previous three years, has twice been placed in a hospital or approved inpatient facility by the Department of Human Services under ORS 426.060; (C) Is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in subparagraph (B) above; and (D) Unless treated, will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the inmate will become a person described under either or both subparagraph (A) or (B) above. (4) State Mental Hospital: As defined in ORS 426.010. Except as otherwise ordered by the Department of Human Services pursuant to 179.325, the Oregon State Hospital in Salem, Marion County, and the Blue Mountain Recovery Center in Pendleton, Umatilla County, shall be used as state hospitals for the care and treatment of mentally ill persons who are assigned to the care of such institutions. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 8-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert. ef. 1-18-94 CD 26-1985, f. & ef. 8-16-85 CD 14-1984, f. & ef. 7-20-84 CD 1-1984(Temp), f. & ef. 2-17-84 CD 9-1980, f. & cert. ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 ;Renumbered from 291-040-0255; CD 10-1979, f. & ef. 4-23-79 CD 38, f. 1-28-77, ef. 2-1-77
291-047-0021 Administrative Transfers (Mentally Ill Inmates) (l) The Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee may request the Superintendent/designee of a state mental hospital listed in ORS 426.010 to accept a transfer of a mentally ill inmate to a state mental hospital pursuant to these rules. (2) An inmate may be transferred to a state mental hospital for stabilization and evaluation for mental health treatment for a period not to exceed 30 days unless the transfer is extended pursuant to a hearing conducted in accordance with these rules. (3) If space is available and the Superintendent/designee of the state mental hospital approves, the inmate shall be transferred. Statutory/Other Authority: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 8-2005(Temp), f. & cert. ef. 7-7-05 thru 1-3-06
291-047-0065 Representation (1) In all cases, the inmate is entitled to: (a) Speak in his or her own behalf; (b) Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be part of the record. (2) Assistance by a qualified and independent person approved by the hearings officer will be ordered upon a finding that assistance is necessary based upon the inmate’s financial inability to provide an assistant, language barriers, or competence and capacity of the inmate to prepare a defense, to understand the proceedings, or to understand the rights available to him or her. An inmate subject to an administrative commitment hearing may not receive assistance from another inmate. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0070 Notice of Hearing (1) The inmate shall be given written notice that an administrative commitment to a state mental hospital listed in ORS 426.010, a hospital or facility designated by the Department of Human Services, or an extension of the transfer is being considered by the Department of Corrections and the Department of Human Services. (2) The notice will be provided by the hearings officer. Such notice must be provided far enough in advance of the hearing to permit the inmate to prepare for the hearing, but in no case shall notice be provided less than 24 hours prior to the hearing. The hearing shall take place no later than five days from the date of service of the notice. (3) The notice shall include a copy of this rule. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0075 Investigation (1) The inmate may request that an investigation be conducted. If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process. (2) An investigation shall be conducted upon the inmate’s request, if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the inmate to provide with his or her own resources. (3) The hearings officer may order an investigation on his or her own motion. (4) The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others, or to the orderly operation of the facility. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0080 Documents/Reports (1) An inmate may present documents or reports during the hearing, subject to the exclusion and restrictions provided in these rules. (2) The reporting employee or other agents of the Department of Corrections or Department of Human Services who are knowledgeable may submit to the hearings officer documents or reports in advance of the hearing that are being relied upon for the administrative commitment or extension of the transfer. Such evidence must be disclosed to the inmate during the hearing. (3) The hearings officer may exclude documents or other evidence upon finding that such evidence would not assist in the resolution of the proceeding, or that such evidence would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for exclusion shall be made part of the record. (4) Notwithstanding subsection (2) of this rule, the hearings officer may classify documents or other evidence as confidential, and not disclose such evidence to the inmate, upon finding that disclosure of psychiatric or psychological information would constitute a danger to another individual, compromise the privacy of a confidential source, or would constitute an immediate and grave detriment to the treatment of the individual, if medically contraindicated by the treating physician or a licensed health care professional in the written account of the inmate. The reason(s) for classifying documents or other evidence as confidential shall be made part of the record. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0090 Postponement (1) A hearing may be postponed by the hearings officer for good cause and for reasonable periods of time. (2) Good cause includes, but is not limited to: (a) Illness or unavailability of the inmate; (b) Gathering of additional evidence; or (c) Gathering of additional documentation. (3) The reason(s) for the postponement shall be made part of the record. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0095 Findings (1) No Justification: The hearings officer may find that the evidence does not support placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services, in which case the hearings officer will recommend that the inmate return to his or her former status with all rights and privileges of that status. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. The findings must be on the merits. Technical or clerical errors in the writing or processing of the transfer request, or both, shall not be grounds for a no justification finding, unless there is substantial prejudice to the inmate. (2) Justification: The hearings officer may find the evidence supports the inmate’s placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services, in which case the hearings officer will so inform the inmate and recommend that the inmate’s administrative commitment exceed 30 days. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. An inmate’s administrative commitment to a state mental hospital shall not exceed 180 days unless the commitment is renewed in a subsequent administrative hearing in accordance with these rules. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0100 Hearing Record (1) Upon completion of a hearing, the hearings officer shall prepare and cause to be delivered to the Superintendent/designee of the Oregon State Hospital a hearing record within three days from the date of the hearing. (2) The record of the formal hearing shall include: (a) Examination reports; (b) Notice of hearing and rights; (c) Recording of hearing; (d) Supporting material(s); and (e) “Findings-of-Facts, Conclusions, and Recommendation” of the hearings officer. (3) The hearings officer will retain the recording and forward to the Superintendent/designee of the Oregon State Hospital items (a), (b), (d), and (e) of this section. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0105 Superintendent’s Review (1) The results of any hearing held to place an inmate in a state mental hospital for administrative commitment will be reviewed and approved by the Superintendent/designee of the Oregon State Hospital. (2) The Superintendent/designee of the Oregon State Hospital shall review the “Findings-of-Fact, Conclusions, and Recommendation” of the hearings officer, in terms of the following factors: (a) Was there substantial compliance with this rule; (b) Was the decision based on substantial information; and (c) Was the decision proportionate to the information and consistent with the provisions of this rule? (3) Within three days of the receipt of the hearings officer’s report, the Superintendent/designee of the Oregon State Hospital shall enter an “order,” which may: (a) Affirm the recommendation; (b) Modify the recommendation; (c) Reverse the recommendation; or (d) Reopen the hearing for the introduction and consideration of additional evidence. (4) When the Superintendent/designee of the Oregon State Hospital takes action to modify or reverse, he or she must state the reason(s) in writing and immediately notify the inmate, hearings officer, and Administrator for Counseling and Treatment Services. (5) When the Superintendent/designee of the Oregon State Hospital reopens the hearing under this rule, the hearings officer shall, pursuant to these rules, conduct the reopened hearing and prepare an amended hearing record within three days of the reopened hearing. The Superintendent/designee of the Oregon State Hospital shall review the hearing officer’s recommendation and enter an amended “order,” which may affirm, modify, or reverse the hearing officer’s recommendation. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0110 Extension of Transfer (1) If the Department of Human Services determines that the administrative commitment must exceed 180 days in order to stabilize the inmate, the administrative commitment must be renewed in a subsequent administrative commitment hearing held in accordance with these rules. (2) Notwithstanding this rule, an administrative commitment may not continue beyond the term of incarceration to which the inmate was sentenced. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06
291-047-0115 Handling of Inmate Money and Personal Property (l) When an inmate is transferred to a state mental hospital, the Department of Corrections shall send a check for the balance of the inmate's account to the business office of the state mental hospital. (2) The inmate's personal property shall be transferred from the Department of Corrections facility in accordance with standards and limitations set by the state mental hospital to which the inmate is transferred. (3) When the inmate is returned to a Department of Corrections facility, the inmate's money and personal property, as allowed by the Department of Corrections rules for Personal Property (Inmate) (OAR 291-117) and Trust Accounts (Inmate) (OAR 291-158), will be returned with the inmate. All property not allowed under the Department of Corrections rules for Personal Property (Inmate) shall be handled, controlled and disposed of in accordance with Department of Human Services rules (309-108-000 through 309-108-0020). Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: Renumbered from 291-047-0030, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert. ef. 1-18-94 CD 26-1985, f. & ef. 8-16-85 CD 14-1984, f. & ef. 7-20-84 CD 9-1980, f. & ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 CD 10-1979, f. & ef. 4-23-79, Renumbered from 291-040-0275 CD 38, f. 1-28-77, ef. 2-1-77
291-047-0120 Visiting Privileges (l) When an inmate is transferred to a state mental hospital, the Department of Corrections facility shall provide a copy of the inmate's approved list of visitors. (2) All visitors shall be approved according to the state mental hospital’s procedure. (3) When an inmate is returned to a Department of Corrections facility, any new names added to the list will be subject to review and approval according to the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) before admission of new visitors will be allowed. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: Renumbered from 291-047-0035, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert. ef. 1-18-94 CD 26-1985, f. & ef. 8-16-85 CD 9-1980, f. & ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 CD 10-1979, f. & ef. 4-23-79 CD 38, f. 1-28-77, ef. 2-1-77
291-047-0125 Short-Term Transitional Leaves, Emergency Leaves, and Supervised Trips When an inmate is administratively transferred to a state mental hospital, no short-term transitional leaves, emergency leaves, or supervised trips shall be approved by the state mental hospital without approval of the functional unit manager of the Department of Corrections facility. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: Renumbered from 291-047-0040, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert. ef. 1-18-94 CD 26-1985, f. & ef. 8-16-85 CD 14-1984, f. & ef. 7-20-84 CD 9-1980, f. & ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 CD 10-1979, f. & ef. 4-23-79
291-047-0130 Releases From a State Mental Hospital An inmate who is transferred to a state mental hospital may be discharged and transferred back to a Department of Corrections facility for one of the following reasons: (1) Completion of treatment; (2) He/she could receive mental health services within the Department of Corrections, and there was a mutually agreed upon continuity of care place developed by the state mental hospital and the Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee; or (3) He/she does not meet the requirements to continue treatment at a state mental hospital. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: Renumbered from 291-047-0045, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert. ef. 1-18-94 CD 26-1985, f. & ef. 8-16-85 CD 14-1983, f. & ef. 4-1-83 CD 1-1983(Temp), f. & ef. 1-4-83 CD 9-1980, f. & ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 CD 10-1979, f. & ef. 4-23-79
291-047-0135 Reporting of Unusual Incidents Reporting of unusual incidents involving inmates administratively transferred to a state mental hospital shall be handled in accordance with the Department of Corrections policy on Unusual Incident Reporting Process. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: Renumbered from 291-047-0050, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert. ef. 1-18-94 CD 26-1985, f. & ef. 8-16-85 CD 9-1980, f. & ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 CD 10-1979, f. & ef. 4-23-79
291-047-0140 Confidentiality/Sharing of Information (l) Department of Corrections records and other inmate information shall not be available to inmates or persons not employed by, nor under contract to, the Department of Human Services. (2) Department of Human Services records and information shall be handled in accordance with ORS 179.495, 179.505, 192.501, 192.502, 192.505 and 42 CFR Part 2 relating to confidentiality of medical treatment records. Statutory/Other Authority: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 Statutes/Other Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005 & Ch. 439 History: Renumbered from 291-047-0055, DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06 DOC 5-2000, f. & cert. ef. 1-21-00 CD 1-1994, f. 1-10-94, cert ef. 1-18-94 CD 14-1984, f. & ef. 7-20-84 CD 9-1980, f. & ef. 4-1-80 CD 20-1979(Temp), f. & ef. 10-23-79 CD 10-1979, f. & ef. 4-23-79
291-048-0200 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 department policy and procedures for the assignment of inmates to mental health special housing who, because of a mental illness or severe emotional disturbance, are unable to adjust satisfactorily in the general inmate population. (3) Policy: The department recognizes there are a number of inmates with significant mental health issues. It is the policy of the Department of Corrections to: (a) Provide an environment oriented to mental health treatment for inmates within the department who, because of mental illness or severe emotional disturbance, are behaving in such a way as to endanger themselves or others or are unable to provide for their basic needs; and (b) Adopt practices within this environment to safely manage this high risk inmate population where effective treatment and behavior management can occur. 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: Renumbered from 291-048-0100 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11 Renumbered from 291-048-0100 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11 DOC 10-1999, f. & cert. ef. 7-6-99 DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0005 CD 3-1996, f. 4-26-96, cert. ef. 5-1-96 CD 4-1988, f. & cert. ef. 3-21-88 CD 19-1987, f. & ef. 3-5-87 CD 27-1985, f. & ef. 8-16-85 CD 4-1985, f. & ef. 5-16-85 Reverted to CD 15-1984, f. & ef. 7-20-1984 CD 20-1984(Temp), f. & ef. 11-6-84 CD 15-1984, f. & ef. 7-20-1984 CD 5-1981, f. & ef. 4-3-81