justicedao/ipfs_state_laws huggingface dataset:
291-200-0030 General (1) The Department of Corrections, in cooperation with affected communities, may establish prison advisory committees for each Department of Corrections facility. (2) The Department of Corrections may establish a single prison advisory committee for more than one Department of Corrections facility sited or operating in the same locale when deemed necessary or desirable by the affected facility superintendents. A decision to establish a single prison advisory committee for multiple Department of Corrections facilities must be approved by the Department of Corrections Assistant Director(s) — Institutions or the Assistant Director(s)' designee. (3) Each prison advisory committee shall be identified using the name of the Department of Corrections facility(ies) for which it was established (e.g., “Two Rivers Correctional Institution Advisory Committee”). 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 11-2013, f.& cert. ef. 11-1-13 DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99 DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99
291-200-0040 Function and Purposes (1) When established, prison advisory committees shall: (a) Serve as a citizen advisory group to the facility superintendents and designated Department of Corrections representatives regarding correctional issues, activities and practices affecting their community(ies). (b) Promote open and effective communication between affected community(ies) and Department of Corrections officials during the life of the facility, from siting through operation and ultimate closure. (c) Serve as a community-based conduit through which information is disseminated to and received from the public. (d) Work in cooperation with the superintendent or other designated Department of Corrections staff to address specific issues that develop during the life of the facility. (e) Assist the superintendent or other designated Department of Corrections staff in developing and promoting safe opportunities for the utilization of inmate labor. (f) Work in cooperation with the superintendent or other designated Department of Corrections staff to promote, support, and communicate the mission, vision, and values of the department. (2) Prison advisory committees shall not establish Department of Corrections policies, rules, internal management directives or procedures. 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 15-1999, f. 9-23-99, cert. ef. 10-1-99 DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99
291-200-0050 PAC Bylaws (1) Prison advisory committees shall adopt and operate in accordance with the model bylaws developed by the Department of Corrections to govern committee activities. A copy of the department’s model bylaws for prison advisory committees is attached hereto as Exhibit A and is incorporated as a part of division 200 of OAR 291. The model bylaws address the following subject areas: (a) Establishment; (b) Name; (c) Purpose; (d) Membership; (e) Orientation and training; (f) Term of Membership; (g) Officers; (h) Committee operation; (i) Resources and services; (j) Conflict of interest; and (k) Amendments. (2) Prison advisory committees may amend and make additions to the model bylaws and adopt procedures to govern their activities, as they deem necessary or advisable, to the extent that they are consistent with these and other Department of Corrections policies, internal management directives and procedures, and state and federal laws, regulations, and administrative rules. (3) Before taking effect, bylaws and procedures, and amendments thereto, shall require the written approval of the facility superintendent or designated Department of Corrections representative. [ED. NOTE: Exhibits referenced are available from the agency.] 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 15-1999, f. 9-23-99, cert. ef. 10-1-99 DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99
291-200-0070 Specific Responsibilities (1) The Department of Corrections, acting through the facility superintendent or designated Department of Corrections representative, shall: (a) Establish a communication process by which the prison advisory committee is informed of decisions and rationales concerning matters forwarded to the superintendent or designated Department of Corrections representative by the committee; (b) Attend all prison advisory committee meetings as an ex-officio member; (c) Inform the prison advisory committee of operational changes at the facility or within the department when disseminating such information does not compromise the safe, secure and orderly management and operation of facility or the department; (d) Keep minutes of prison advisory committee meetings and distribute copies to all prison advisory committee members and members of the Oregon Department of Corrections executive management team; (e) Publish notice of prison advisory committee meetings in accordance with the requirements of the public meetings law. In the event that a prison advisory committee complies with the public meetings law as a matter of policy only, the superintendent or designated Department of Corrections representative may refrain from publishing notice of a meeting when the superintendent or designated Department of Corrections representative determines that necessity or convenience so requires; (f) Provide necessary training and orientation to prison advisory committee members, including but not limited to the following subject areas: (A) Department of Corrections mission, vision and goals; (B) Department of Corrections administrative rules, policies and procedures; (C) Visitation, tours, and orientation to facilities operations and programs; (D) Lobbying restrictions; and the; (E) Department of Corrections Code of Ethics. (g) Approve reasonable prison advisory committee operating and training expenses, and provide for payment thereof within the limits of the Department of Corrections resources and consistent with the function and purposes of prison advisory committees; (h) Provide a site for prison advisory committee meetings, if necessary; (i) Establish a protocol for the prison advisory committee members to periodically tour and orient themselves to facility operations. (2) Prison advisory committees shall execute the duties and responsibilities set out in the model bylaws referenced in OAR 291-200-0050. 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 15-1999, f. 9-23-99, cert. ef. 10-1-99 DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99
291-201-0100 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, 423.075 and Article I, Section 41 of the Oregon Constitution. (2) Purpose: The purpose of these rules is to establish a process for ensuring and measuring departmental compliance with the requirements of Article I, Section 41 of the Oregon Constitution, while adhering to practices that promote public safety and ensure the safe, secure, and orderly operation of department facilities. (3) Policy: It is the policy of the Department of Corrections to : (a) Carry out its responsibilities under Article I, Section 41 of the Oregon Constitution by establishing and maintaining work and program opportunities for eligible adults in custody housed in its facilities while adhering to practices that promote public safety and ensure the safe, secure, and orderly operation of department facilities. (b) Ensure that eligible adults in custody are productively involved in one or more programs in order to meet the requirements of Article I, Section 41 of the Oregon Constitution , while completing their individual Incarceration/Transition Plans. 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 7-2021, amend filed 04/16/2021, effective 04/16/2021 DOC 21-2000, f. & cert. ef. 8-18-00
291-201-0130 Attendance Reporting (1) Staff who supervise AICs are responsible for enforcing attendance and documenting program participation for all AICs assigned to their supervision. (2) Each AIC supervisor will have access to print or will be given an AIC attendance roster daily, listing all AICs assigned to their supervision. AIC supervisors are responsible for filling out each roster completely, in accordance with department Adult in Custody Attendance Reporting Guidelines. (3) Staff will ensure that participating AICs attend Measure 17 compliant approved program assignments for the entire duration of time scheduled, unless otherwise authorized and documented. Time missed from an assignment will negatively affect an AIC’s credited hours, unless the time missed is due to an allowed absence or allowed interruption. (4) All attendance rosters will be forwarded to the appropriate office for data entry within 24 hours. (5) AIC attendance information from each roster will be entered into the computer within three business days after completion of the assignment. Rosters will be retained in accordance with the applicable Department of Corrections records retention schedule . (6) Incomplete/Incorrect attendance rosters will be returned to the program supervisor for immediate completion or correction. These rosters will be evaluated by designated staff to determine if there is a training, performance, or systemic issue. Corrective action will be taken as 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 7-2021, amend filed 04/16/2021, effective 04/16/2021 DOC 21-2000, f. & cert. ef. 8-18-00
291-201-0140 Assignment Changes In accordance with the Department’s rules on Performance Recognition and Award System (OAR 291-077), designated staff may remove an AIC from an approved program assignment for reasons including, but not limited to, unsatisfactory performance, misconduct or behavior issues , program needs, safety and security issues, and schedule conflicts. (1) If an AIC is removed from an approved program assignment , staff shall reassign the AIC appropriately, and ensure the AIC is notified of the assignment change. (2) If an AIC is failed from an approved AIC program assignment (or given a daily fail), staff shall fill out an Adult in Custody Performance Failure Record (CD118aD) and distribute all necessary copies. 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 7-2021, amend filed 04/16/2021, effective 04/16/2021 DOC 21-2000, f. & cert. ef. 8-18-00
291-202-0010 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. 637 , 144. 641, 144.642 , 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to: (a) Establish criteria to be considered in determining the permanent residence requirements for certain sex offenders upon release. (b) Establish the eligibility criteria and procedures for identifying sexually violent dangerous offenders, as defined in ORS 144.635. (3) Policy: It is the policy of the Department of Corrections to promote public safety by holding offenders accountable for their actions and by seeking ways to reduce their risk of committing future criminal acts. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 144.637, 144.642, 144.644 & 144.646 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 144.637, 144.642, 144.644 & 144.646 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 12-2002, f. & cert. ef. 8-1-02 DOC 19-2000, f. & cert. ef. 7-14-00 DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00
291-202-0020 Definitions (1) Adult in Custody (AIC): For purposes of these rules, any person aged 18 years or older, incarcerated or detained in a correctional facility who is accused of , convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation , post-prison supervision or a diversion program . ( 2 ) Offender: Any person who is on probation, parole, post-prison supervision , or any other form of temporary or transitional leave from custody, or any form of conditional release . (3) Supervisory Authority: The state or local corrections agency or official designated in each county by that county's Board of County Commissioners or county court to operate corrections supervision services, custodial facilities, or both. Statutory/Other Authority: ORS 144.635, 144.637, 179.040, 423.020, 423.030, 423.075, 144.642, 144.644 & 144.646 Statutes/Other Implemented: ORS 144.635, 144.637, 179.040, 423.020, 423.030, 423.075, 144.642, 144.644 & 144.646 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 1-2011, f. & cert. ef. 1-28-11 DOC 19-2000, f. & cert. ef. 7-14-00 DOC 6-2000(Temp), f. & cert. ef. 1-21-00 thru 7-19-00
291-202-0040 Residence Requirements for Certain Sex Offenders Upon Release (1) For purposes of this rule , a sex offender is defined as a person classified as a sexually violent dangerous offender (ORS 137.765) or a level three sex offender (ORS 163A.105). (2) A sex offender may not reside near locations where children are the primary occupants or users. ( 3 ) This prohibition applies to permanent housing and not to transitional housing. For purposes of this rule, transitional housing means housing intended to be occupied by a sexually violent dangerous offender or a level three sex offender for 45 days or less immediately after release from custody. ( 4 ) Exceptions to this prohibition may be made by the supervising county community corrections agency if it is determined that there is sufficient information to support this placement in terms of public safety and the rehabilitation of the sex offender. In making this determination, the following factors must be considered: (a) Other residential placement options pose a higher risk to the community; (b) An enhanced support system that endorses supervision goals and community safety efforts is available at this residence; (c) Enhanced supervision monitoring will be in place ( for example, electronic supervision, curfew, live-in care provider, along with community notification); (d) This residence includes 24-hour case management; or (e) The sex offender is being released from custody unexpectedly and more suitable housing will be arranged as soon as possible. (5 ) If a supervising county community corrections agency makes an exception under this rule, they must inform the community affected by this decision about the reasons for the decision prior to the release of the person from custody in accordance with ORS 163A.215 . Statutory/Other Authority: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 144.642, 144.644, 144.646, 179.040, 423.020, 423.030 & 423.075 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 12-2002, f. & cert. ef. 8-1-02
291-202-0100 Offenders Eligible for the Sexually Violent Dangerous Offender Designation (1) “Sexually violent dangerous offender” is a person who is being released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subparagraph ( 1)( a) of this rule , who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the Board of Parole and Post-Prison Supervision or local supervisory authority finds presents a substantial probability of committing an offense listed in subparagraph ( 1)( a) of this rule . (a) The offenses to which this rule applies are: (A) Rape in the first degree and sodomy in the first degree if the victim was: (i) Subjected to forcible compulsion by the person; (ii) Under 12 years of age; or (iii) Incapable of consent by reason of mental defect, mental incapacitation , or physical helplessness; (B) Unlawful sexual penetration in the first degree; and (C) An attempt to commit a crime listed in ( 1)(a)( A) or ( 1)(a)( B) of this rule . (b) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that: (A) Is not related to the crime for which the person is currently on parole or post-prison supervision; and (B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age. (2) Every six months the Department of Corrections will provide the Board of Parole and Post-Prison Supervision with a list of AICs or offenders who have a history of sexual assault as defined in (1)(b) above, are serving a sentence of incarceration as a result of conviction for an offense listed in (1)(a) above, and who are within six months of release from custody. (3) When any AIC or offender convicted as a “dangerous offender” under ORS 161.725 and ORS 161.735 is granted a firm release date by the Board of Parole and Post-Prison Supervision or is otherwise within six months of release from custody, Board of Parole and Post-Prison Supervision staff will screen the AIC or offender to determine if the AIC’s or offender’s record reveals that the AIC or offender was convicted of an offense listed in (1)(a) and has a history of sexual assault as described in (1)(b). (4) If Board of Parole and Post-Prison Supervision staff determine that an AIC or offender has the qualifying conviction and history of sexual assault, the Board of Parole and Post-Prison Supervision will make a finding that the AIC or offender is eligible for designation as a sexually violent dangerous offender. Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 1-2011, f. & cert. ef. 1-28-11
291-202-0110 Sexually Violent Dangerous Offender Designation (1) The Board of Parole and Post-Prison Supervision may designate an AIC or offender as a sexually violent dangerous offender only if the AIC or offender: (a) Participated in or refused to participate in a psychological evaluation ordered by the Board of Parole and Post-Prison Supervision; and, (b) Requested an evidentiary hearing in accordance with these rules or waived entitlement to such a hearing. (2) An AIC or offender who has been identified as eligible for designation as a sexually violent dangerous offender will receive notice of the AIC’s or offender’s eligibility for designation as a sexually violent dangerous offender and of the AIC’s or offender’s right to request a hearing before the Board of Parole and Post-Prison Supervision to present evidence why the sexually violent dangerous offender designation should not be made. (3) The Board of Parole and Post-Prison Supervision will provide the AIC or offender with a copy of the Sexually Violent Dangerous Offender Designation: Notice of Rights (SVDO-1 Notice of Rights) prior to the evidentiary hearing. Upon receipt of the SVDO-1 Notice of Rights , the AIC or offender may request an evidentiary hearing or waive the right to the hearing. (4) The Board of Parole and Post-Prison Supervision must receive and review the signed SVDO-1 Notice of Rights before an evidentiary hearing is conducted or waived to determine a sexually violent dangerous offender designation. A refusal to participate in the hearings process shall also constitute a waiver of the right to a hearing. (5) The Board of Parole and Post-Prison Supervision will consider any written objections to the psychological evaluation that are submitted by the AIC or offender. An AIC or offender may elect to waive the right to submit written objections. Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 1-2011, f. & cert. ef. 1-28-11
291-202-0120 Sexually Violent Dangerous Offender Evidentiary Hearing (1) The purposes of the evidentiary hearing are to: (a) Determine whether the AIC or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1 )( a) and (b ) and; (b) Determine if there is a substantial probability of the AIC or offender committing one of the offenses listed in OAR 291-202-0100(1 )( a). (2) At the conclusion of the evidentiary hearing, the Board of Parole and Post-Prison Supervision will determine whether the AIC or offender should be designated as a sexually violent dangerous offender. A finding that an AIC or offender is a sexually violent dangerous offender may be made by two Board of Parole and Post-Prison Supervision members, except in the case of an AIC or offender who has been sentenced to life imprisonment or convicted of a crime involving the death of a victim, pursuant to ORS 144.054. (3) When an AIC or offender eligible for designation as a sexually violent dangerous offender has waived the right to an evidentiary hearing, the Board of Parole and Post-Prison Supervision will make the determination whether to designate the AIC or offender a sexually violent dangerous offender based on all the information in the record, including any psychological evaluations. (4) A finding that an AIC or offender is a sexually violent dangerous offender will be contained in the AIC’s or offender’s original order of supervision or an amended order of supervision. Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 1-2011, f. & cert. ef. 1-28-11
291-202-0130 Sexually Violent Dangerous Offender Community Supervision The community corrections agency supervising an AIC or offender found to be a sexually violent dangerous offender shall subject the AIC or offender to intensive supervision as defined in OAR 255-005-0005(26). Statutory/Other Authority: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 144.635, 144.637, 423.020, 423.030 & 423.075 History: DOC 6-2024, amend filed 04/29/2024, effective 04/29/2024 DOC 1-2011, f. & cert. ef. 1-28-11
291-203-0010 Temporary rule language in effect until 06/07/2026. 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, 179.640, 179.770, 423,020, 423.030, and 423.075. (2) Purpose: An adult in custody and the personal estate of an adult in custody, or a decedent’s estate are liable for the full cost of care. The purpose of these rules is to establish guidelines for: (a) Determination of ability to pay; (b) Notification to the adult in custody of his/her obligation to pay for the cost of care; and (c) Appeal rights and process. (3) Policy: Within the inherent limitation of resources, the efficient and orderly administration of the Department and its facilities, it is the policy of the Department of Corrections to investigate and pursue reimbursement from adults in custody for the costs of their incarceration and care in accordance with the criteria and procedures established in these rules. Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 11-2003, f. & cert. ef. 8-6-03 DOC 2-2003(Temp), f. & cert. ef. 2-7-03 thru 8-6-03