reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0014 - Administrative Hold

Current through Register Vol. 63, No. 7, July 1, 2024
An inmate may be voluntarily or involuntarily assigned to
				administrative housing for a period not to exceed 30 days without a hearing.
				Any assignment exceeding 30 days must follow the procedures outlined under OAR
				291-046-0020 (Voluntary
				Administrative Housing) or
				291-046-0025 (Involuntary
				Administrative Housing).
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0020 - Voluntary Administrative Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may be voluntarily placed in
			 protective custody for a period in excess of 30 days without a hearing only
			 when:
(a) He/she consents in
			 writing;
(b) There is substantial
			 evidence that protective custody is warranted and such evidence is
			 documented;
(c) There is no
			 reasonable alternative available; and
(d) The functional unit manager or designee
			 authorizes such an assignment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0025 - Involuntary Administrative Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may be involuntarily placed in
			 administrative segregation or protective custody for a period not to exceed 30
			 days by order of the functional unit manager or designee only when he/she has
			 sufficient evidence to believe immediate assignment is necessary to protect the
			 safety, security, and orderly operation of the facility.
(2) An inmate may be involuntarily placed in
			 administrative segregation or protective custody for a period in excess of 30
			 days only when information verified through the hearing process, outlined in
			 these rules, shows the inmate to constitute an immediate and continuing threat
			 to the safety, security, and orderly operation of the facility.
(3) The involuntary administrative housing
			 packet will contain information as outlined in the Department's policy on
			 Administrative Housing (40.3.3).
(4) Each inmate placed in involuntary
			 administrative housing exceeding 30 days will receive a hearing by a hearings
			 officer. The hearing report shall be processed and reviewed by the Institutions
			 Administrator or designee. If the factual allegations support placement in
			 involuntary administrative segregation or protective custody, the packet will
			 be forwarded to the SPM Committee for placement. Upon receipt of the
			 administrative housing packet, the SPM Committee will review the information
			 and determine which administrative housing unit the inmate will be
			 assigned.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0030 - Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each inmate
			 placed involuntarily in administrative housing will receive a hearing as
			 described below if the involuntary placement request exceeds 30 days. The
			 hearing shall occur within 30 days, if he/she is placed in administrative
			 housing without a hearing as permitted in OAR
			 291-046-0025. It is the
			 responsibility of each functional unit manager to notify the hearings officer
			 of the need for a hearing and to provide him/her with a Request for
			 Administrative Housing (CD1482) containing the allegations justifying such
			 action, including a recommendation for length of stay not to exceed 180
			 days.
(2) The hearing shall be
			 conducted by a hearings officer, or other person trained in the hearings
			 process, in the event the hearings officer is unavailable.
(3) Prior to the hearing, the hearings
			 officer shall review the involuntary housing assignment request to determine if
			 there is sufficient evidence to proceed with a hearing. If the request is not
			 complete, it will be returned to the functional unit manager for
			 resubmission.
(4) The hearings
			 officer shall not have participated in the case as a charging, investigating,
			 or reviewing officer. Further, no person shall serve as a hearings officer who
			 was a witness to the allegations or has personal knowledge of any disputed
			 material fact relating to the case being heard.
(5) The hearings officer may pose questions
			 during the hearing.
(6) The
			 evidence considered by the hearings officer will be of such reliability as
			 would be considered by reasonable persons in the conduct of their serious
			 affairs.
(a) When confidential informant
			 testimony is submitted to the hearings officer, the identity of the informant
			 and the verbatim statement of the informant shall be revealed to the hearings
			 officer in writing, but shall remain confidential.
(b) In order for the hearings officer to rely
			 on the testimony of a confidential informant, information must be submitted to
			 the hearings officer from which the hearings officer can find that the
			 informant is a person who can be believed or that the information provided in
			 the case at issue is truthful.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0035 - Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 Justification: The hearings officer may find that the factual allegations do
			 not support involuntary placement in administrative segregation or protective
			 custody, in which case the hearings officer will recommend that the inmate
			 remain in general population status with all rights and privileges of that
			 status.
(a) The report shall be processed
			 with final action subject to review by the Institutions
			 Administrator.
(b) The findings
			 must be on the merits. Technical or clerical errors in the writing or
			 processing of the allegations shall not be grounds for a no justification
			 finding, unless there is substantial prejudice to the inmate.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0040 - Inmate Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hearing: An
			 inmate shall be entitled to a hearing when an involuntary request for
			 administrative housing has been filed against him/her.
(2) Waiver of Hearing:
(a) An inmate may waive the right to a
			 hearing. Waiver of the right must be in writing or verbal and must be
			 documented on the record. An inmate's refusal to attend the hearing will
			 constitute a waiver.
(b) An inmate
			 waiving his/her right to a hearing shall have his/her case reviewed on its
			 merits by the hearings officer in accordance with the procedures outlined in
			 this rule.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0045 - Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all cases,
			 the inmate is entitled to:
(a) Speak in
			 his/her own behalf;
(b) Be present
			 at all evidentiary stages of the hearing process, except when the hearings
			 officer finds that to have the charged inmate present would present an
			 immediate threat to the safety, security, and orderly operation of the
			 facility. The reason(s) for the finding shall be part of the record.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0050 - Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The inmate may
			 request that an investigation be conducted.
(2) 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 the case or who was a
			 witness to the allegations or has personal knowledge of any disputed material
			 fact relating to the case being heard.
(3) 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.
(4) The hearings officer
			 may order an investigation on his/her own motion.
(5) 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, security, and
			 orderly operation of the facility.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0055 - Testimony of Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
The hearings officer shall direct the scheduling and taking of
				testimony of witnesses at the hearing. Witnesses may include inmates,
				employees, or other persons. Testimony may be taken in person, by telephone, or
				by written report or statement.
(1)
			 The inmate may request that the hearings officer schedule witnesses to present
			 testimony at the hearing. The request must be submitted to the hearings officer
			 in writing in advance of the hearing, and include a list of the person(s) the
			 inmate requests be called to testify and the questions to be posed to each
			 person. The hearings officer shall arrange for the taking of testimony from
			 such witnesses as properly requested by the inmate, subject to the exclusions
			 and restrictions provided in these rules.
(2) The inmate shall not have the right to
			 cross examine or directly pose questions to any witness.
(3) The hearings officer may limit testimony
			 when it is cumulative or irrelevant.
(4) The hearings officer may exclude a
			 specific inmate or employee witness upon finding that the witness' testimony
			 would not assist the hearings officer in the resolution of the proceeding, or
			 that the witness' appearance at the hearing would present an immediate undue
			 risk to the safety, security, and orderly operation of the facility. If a
			 witness is excluded, the reason(s) shall be made a part of the
			 record.
(5) The hearings officer
			 may exclude other persons as witnesses upon finding that the witness' testimony
			 would not assist the hearings officer in the resolution of the proceeding, or
			 that the witness' appearance at the hearing 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.
(6) Witnesses requested by the inmate may
			 refuse to testify. Persons, other than inmates or employees, requested as
			 witnesses may refuse to appear or testify.
(7) The hearings officer may, on his/her own
			 motion, call witnesses to testify.
(8) All questions which may assist in the
			 resolution of the proceeding, as determined by the hearings officer, shall be
			 posed. The reason(s) for not posing a question will be made part of the
			 record.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0060 - Documents/Physical Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 inmate may present documents and physical evidence 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 who are knowledgeable of the allegations may
			 submit documents and physical evidence.
(3) The hearings officer may exclude
			 documents and physical 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) The hearings officer may classify
			 documents and physical evidence as confidential (and not disclose such evidence
			 to the inmate) upon finding that disclosure would present an undue risk to the
			 safety, security, and orderly operation of the facility. The reason(s) for
			 classifying documents and physical evidence as confidential shall be made part
			 of the record.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0065 - Postponement

Current through Register Vol. 63, No. 7, July 1, 2024
(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) Preparation of
			 defense;
(b) Illness or
			 unavailability of the inmate charged;
(c) Gathering of additional evidence (e.g.,
			 calling of witnesses, gathering of witnesses' statements, investigation,
			 acquisition of physical evidence); or
(d) Avoiding interference with ongoing police
			 investigation or pending prosecution.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0070 - Hearing Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A verbatim
			 recording of the hearing shall be made. Upon completion of the hearing, the
			 hearings officer shall prepare a written hearing record of the decision and the
			 supporting reasons within seven days for transmittal to the Institutions
			 Administrator. The hearing decision shall be documented in the Correctional
			 Information System.
(2) The record
			 of the formal hearing shall include:
(a)
			 Request for Administrative Housing form (CD 1482);
(b) Notice of hearing and copy of this rule
			 (OAR 291-046);
(c) Supporting
			 documentation; and
(d) Preliminary
			 Order, Conclusion, and Recommendation of hearings officer.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0075 - Institutions Administrator's Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The results of any hearing held to
			 involuntarily place an inmate in administrative housing will be reviewed and
			 approved by the Institutions Administrator or his/her designee.
(2) The Institutions Administrator or
			 designee shall review the case, using the hearing record described above, in
			 terms of the following factors:
(a) Was there
			 substantial compliance with this rule (OAR 291-046);
(b) Was the decision based on substantial
			 evidence; and
(c) Was the
			 assignment to administrative housing consistent with the provisions of this
			 rule (OAR 291-046).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0080 - Provision of Basic Services and Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic services and programs may be
			 denied, or the manner in which they are provided may differ from the manner in
			 which programs or services are provided to those in the general population, if
			 their provision in a routine manner would cause an immediate and continuing
			 threat to the safety, security, and orderly operation of the
			 facility.
(2) The
			 officer-in-immediate-charge may temporarily deny or withhold a basic service or
			 program previously granted to an inmate in administrative housing if there are
			 reasonable grounds to believe there is a threat to the safety, security, and
			 orderly operation of the facility. All such actions must be reported to the
			 functional unit manager and either affirmed or denied by him/her the following
			 work day. No basic program or service will be permanently withheld without the
			 expressed approval of the functional unit manager.
(3) At the discretion of the functional unit
			 manager, inmates in administrative housing may not be permitted out of their
			 assigned cell or room except when in actual custody of an employee. Restraints
			 may be used at the discretion of the functional unit manager.
(4) Inmates in administrative housing will be
			 given basic visiting status in accordance with the Department of Corrections
			 rule on Visiting (Inmate) (OAR 291-127).
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0085 - Administrative Housing Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Voluntary Assignment: Inmates who voluntarily requested to be assigned to
			 administrative housing will be reassigned to the general population upon
			 request, but only after staff have had adequate time to determine proper
			 placement and transfer to general population.
(2) Involuntary Assignment: Inmates
			 involuntarily assigned to administrative segregation or protective custody will
			 be reassigned to the general population once their involuntary timeframe has
			 been completed, but the assignment shall not exceed 180 days without due
			 process.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0090 - Situational Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates
			 assigned to administrative housing shall remain so assigned for only the
			 shortest length of time necessary to achieve the purpose for which the
			 assignment was prescribed. A review of all inmates' status will be made every
			 30 days by the institution Special Needs Inmate Evaluation Committee
			 (SNIEC).
(2) An employee in
			 administrative housing may initiate a request for an inmate requesting
			 psychological intervention. All requests will be referred to Behavioral Health
			 Services.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0100 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Petitions
			 for administrative review of involuntary administrative segregation or
			 protective custody must be filed by the inmate with the Assistant Director of
			 Operations within 30 calendar days after the recommendation is signed by the
			 Institutions Administrator. Filing a petition for administrative review shall
			 not stay the imposition of the recommendation. Petitions for administrative
			 review shall minimally state the following:
(a) The date the hearing was completed and
			 the hearings case number.
(b)
			 Sufficient information to show why the finding and subsequent recommendation
			 was not in accordance with the provisions set forth in the rule (OAR
			 291-046).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 179.473,
			 179.478,
			 179.479,
			 179.495,
			 179.505,
			 423.020,
			 423.030,
			 423.075 and 2005 Or Laws, Ch
			 439.
(2) Purpose: This rule
			 prescribes procedures by which inmates of Department of Corrections facilities
			 may be transferred to a state mental hospital listed in ORS
			 426.010.
(3) Policy: It is the policy of the
			 Department of Corrections to establish procedures to provide for the best
			 possible evaluation, treatment and return or release to inmates, to and from a
			 state mental hospital in accordance with ORS
			 179.473,
			 179.478,
			 179.479 and 2005 Oregon Laws, Ch
			 439.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0021 - Administrative Transfers (Mentally Ill Inmates)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0061 - Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Human Services shall provide for an administrative commitment
			 hearing conducted by a hearings officer employed or under contract with the
			 Department of Corrections for administrative commitment or extension of the
			 transfer of the inmate if:
(a) The Department
			 of Human Services determines that administrative commitment for treatment for a
			 mental illness is necessary or advisable or that the Department of Human
			 Services needs more than 30 days to stabilize or evaluate the inmate for
			 treatment; and
(b) The inmate does
			 not consent to the administrative commitment or an extension of the
			 transfer.
(c) Inmates in the legal
			 custody of the Department of Corrections and in the physical custody of the
			 Oregon Youth Authority (OYA) will be administratively committed through an OYA
			 hearing, pursuant to OAR
			 416-425-0020. Inmates in OYA
			 physical custody will be transferred directly from an OYA facility to a state
			 mental hospital listed in ORS
			 426.010 or a hospital or
			 facility designated by the Department of Human Services and returned directly
			 to the OYA facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0065 - Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0070 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0075 - Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0080 - Documents/Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0090 - Postponement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0095 - Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0100 - Hearing Record

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0105 - Superintendent's Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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?
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0110 - Extension of Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0115 - Handling of Inmate Money and Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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).
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0120 - Visiting Privileges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0125 - Short-Term Transitional Leaves, Emergency Leaves, and Supervised Trips

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0130 - Releases From a State Mental Hospital

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0135 - Reporting of Unusual Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0140 - Confidentiality/Sharing of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 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.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0200 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0220 - Selection and Training of Staff for Mental Health Special Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Selection
			 Criteria: For positions that are solely assigned to mental health special
			 housing:
(a) Custody staff must have
			 successfully completed trial service;
(b) All staff requesting to work in mental
			 health special housing will be reviewed and must receive a satisfactory
			 appraisal by a committee designated the functional unit manager before
			 assignment to the unit. At a minimum, the staff member must meet the following
			 criteria:
(A) Have expressed a constructive
			 interest in working with inmates in mental health special housing;
(B) Have demonstrated the ability to work
			 with inmates through conflict-reducing and conflict-control skills;
			 and
(C) Have demonstrated the
			 ability to use good judgment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0230 - Recommendation and Referral Process to a Mental Health Special Housing Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate that,
			 in the judgment of the department, meets one or more of the following
			 conditions because of a mental illness should be considered for assignment to
			 mental health special housing:
(a) A danger
			 to others;
(b) A danger to self
			 (including all inmates who are acutely suicidal);
(c) Unable to care for his/her basic
			 needs;
(d) In an acute phase of
			 mental or emotional disorder; or
(e) Needs a diagnostic evaluation or
			 medication adjustment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0240 - Mental Health Special Housing Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate will be assigned to a mental
			 health special housing unit based on the least restrictive environment that
			 satisfies the needed level of care.
(2) Mental health special housing includes
			 Mental Housing Infirmary, Intermediate Care Housing, and the Behavioral Health
			 Unit. The assignment process varies dependent on the specific unit.
(a) Assignment to a Mental Health Infirmary
			 will be made in accordance with OAR
			 291-048-0250 to 0260.
(b) Assignment to Intermediate Care Housing
			 will be made in accordance with OAR
			 291-048-0270
(c) Assignment to a Behavioral Health Unit
			 will be made in accordance with OAR
			 291-048-0280
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0250 - Voluntary Assignment to a Mental Health Infirmary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may be voluntarily placed in a
			 Mental Health Infirmary when:
(a) There is a
			 referral from an institution mental health specialist, nurse, or outside mental
			 health contractor; and
(b) The
			 mental health treatment team finds that the inmate is in need of mental health
			 treatment; and
(c) There is
			 reasonable likelihood that treatment can be accomplished in a Mental Health
			 Infirmary; and
(d) The inmate
			 consents to admission in writing.