reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 100 - ADMISSION, SENTENCE COMPUTATION AND RELEASE › Section 291-100-0160 - Adjusted Release Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 137.375, when an inmate's
			 release date falls on a Saturday, Sunday or legal holiday, the inmate shall be
			 released at the discretion of the releasing authority, on the first, second, or
			 third day preceding the date of release which is not a Saturday, Sunday or
			 legal holiday. The inmate may be released on the Wednesday or Thursday
			 immediately prior to the release date if the release date interferes with
			 community supervision or transitional planning.
(2) The release counselor may request an
			 adjusted release by submitting a Release Date Adjustment form (CD 1417) to the
			 designated Reentry and Release Services staff. The designated Reentry and
			 Release Services staff will approve or deny the request. This will be done on a
			 case-by-case basis and documented on the Release Date Adjustment form.
(3) Once approved or denied, and
			 upon receipt of the Release Date Adjustment form, the release counselor will
			 notify the appropriate staff of the decision and provide a copy of the Release
			 Date Adjustment form to the facility's OISC institution records
			 office.
(4) If a release date
			 changes and there is no longer a need for an adjusted release date, the
			 designated Reentry and Release Services staff will write "canceled" across the
			 top of the Adjusted Release Date form and send a copy to the release counselor
			 who will forward a copy to the appropriate staff.
Statutory/Other Authority: ORS 137, 144,
				  161.620,
				  179.040, 421,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS 137, 144,
				  161.610,
				  179.050, 421,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 104 - CLASSIFICATION (INMATE) › Section 291-104-0106 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of these rules is
			 to:
(a) Establish Department of Corrections
			 policy and procedures for identifying and assigning an appropriate custody
			 level to each inmate committed or transferred to the Department of Corrections
			 and housed in a Department of Corrections operated or contracted facility or
			 those adult-sentenced youths in the custody of Oregon Youth
			 Authority;
(b) Provide information
			 for population management and planning; and
(c) Provide information to support the
			 appropriate distribution of correctional resources for both inmate and agency
			 needs.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 104 - CLASSIFICATION (INMATE) › Section 291-104-0111 - Definitions for OAR 291-104-0106 to 291-104-0140

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative Review: A review of
			 classification scoring, classification level, or classification override
			 requested by an inmate and completed by the designated institution committee,
			 facility functional unit manager, or Classification Manager.
(2) Arrest: For the purposes of these rules,
			 arrest means placing a person under full custody (i.e. after being fully
			 restrained or after being placed in a law enforcement vehicle for transport)
			 for the purpose of charging that person with an offense.
(3) Classification Action: Initiation of
			 initial classification, classification review, or classification override to
			 determine an inmate's custody classification level.
(4) Classification Manager: A Department of
			 Corrections employee responsible for the development, implementation, training,
			 auditing, oversight and management of the classification function within the
			 department.
(5) Classification
			 Review: The process used by the department to re-evaluate an inmate's assigned
			 custody classification level. The assigned custody classification level may be
			 changed as a result of the review.
(6) Corrections Information System (CIS): A
			 computer system dedicated to tracking information critical to the management of
			 inmates and offenders under the custody, supervision or both of the Department
			 of Corrections.
(7) Custody: As it
			 relates to escape, a person is in custody if a peace officer has placed the
			 person under arrest for the purpose of charging that person with an offense.
(8) Custody Classification Guide
			 (Attachment 1): Criteria and guidelines that assist in understanding an
			 inmate's assigned custody classification level utilizing scoring elements
			 determined by the Department of Corrections.
(9) Custody Classification Level: One of five
			 levels of supervision assigned to an inmate through initial and classification
			 review procedures.
(a) Level 5: An inmate
			 assigned at this custody classification level meets one of the following
			 criteria:
(A) Has demonstrated behaviors
			 causing serious management concerns, or has demonstrated behaviors that in the
			 judgment of the department present a threat sufficient to require special
			 security housing on intensive management status.
(B) Has a sentence of death or is pending
			 retrial in a case in which a sentence of death may be re-imposed.
(C) Has a pending trial for a case in which a
			 sentence of death may be imposed.
(D) Is under investigation for or has been
			 charged with the in-custody murder of another inmate or staff.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 104 - CLASSIFICATION (INMATE) › Section 291-104-0116 - Initial Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Corrections shall assign inmates an initial custody level in
			 accordance with the Custody Classification Guide (Attachment 1) or the inmate's
			 Violence Predictor Score, whichever is higher. An inmate will generally be
			 assigned an initial custody classification level within 30 days of admission to
			 the physical custody of the Department of Corrections.
(2) The Violence Predictor Score is used as a
			 classification scoring element only during the first twelve months of an
			 inmate's incarceration in the Department of Corrections, and may be applied at
			 the discretion of a Department of Corrections counselor after a thorough review
			 of an inmate's records.
(3) Upon
			 admission to the physical custody of the Department of Corrections, the
			 inmate's assigned counselor will determine an inmate's initial custody level
			 and forward the classification action to the functional unit manager or
			 designee for approval.
(4) No
			 classification action is official until the functional unit manager or designee
			 approves the classification action.
(5) Final approval for any override of one
			 step will be made by Intake or institution staff and shall be documented on the
			 classification override comment screen, describing the override reason.
(6) A custody classification
			 override of more than a single step is not official until approved by the
			 designated institution committee and the Classification Manager or designee.
(7) A custody classification of
			 Level 5 is not official until approved by the designated institution committee,
			 the SPM Committee and the High Risk Placement Manager or designee.
(8) An inmate may request a copy of his/her
			 official classification action.
(9) All official classification actions are
			 historically recorded and maintained in the CIS system.
(10) The Office of Population Management may
			 modify any classification. In such cases, the affected facility will be
			 notified of the reason(s) for the modification.
Attachments referenced are not included in rule text.
Click here for PDF copy of
				  attachment(s)
.
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 104 - CLASSIFICATION (INMATE) › Section 291-104-0125 - Classification Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate's
			 custody classification level will be reviewed when new information is received
			 that affects a classification scoring policy element or when an inmate's
			 Violence Predictor Score has expired.
(2) Custody Classification Levels 1-4: When
			 new information is received that affects the inmate's custody classification
			 level, the inmate's assigned counselor will review the classification action
			 for accuracy and forward it to the functional unit manager for approval.
(a) No classification action is official
			 until the functional unit manager or designee approves the classification
			 action.
(b) Final approval for any
			 override of one step will be made at the institutional level and shall be
			 documented on the classification override comment screen describing the
			 override reason.
(c) Overrides of
			 more than a single step are not official until approved by the designated
			 institution committee and the Classification Manager or designee.
(d) An inmate may request a copy of his/her
			 official classification action.
(e) All official classification actions are
			 historically recorded and maintained in the CIS.
(f) The Office of Population Management may
			 modify any classification action. In such cases, the affected facility will be
			 formally notified of the reason(s) for the modification.
(g) Counselors may opt to review inmates with
			 ICE detainers for override to Level 2 for placement or retention in a minimum
			 facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 104 - CLASSIFICATION (INMATE) › Section 291-104-0135 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate
			 may request an administrative review of his/her classification action by
			 completing and submitting the Department of Corrections Request for
			 Administrative Review form (CD1120aD) or Request for Administrative Review of
			 IMU Level 5 Custody form (CD1120aE).
(2) Issues Subject to Administrative Review:
			 Administrative review is available to an inmate to contest three aspects of
			 his/her classification action:
(a) The
			 accuracy of custody classification levels 1-4 scoring;
(b) An override of a scored custody
			 classification level; or
(c) A
			 Level 5 custody classification.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 104 - CLASSIFICATION (INMATE) › Section 291-104-0140 - Classification Quality Assurance Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Classification Manager is responsible
			 for reviewing facility classification procedures and decisions.
(2) Reviewing shall consist of routine review
			 of custody Level 1 and 2 placements and review of individual classification
			 actions at each facility. Such reviews shall be conducted to ensure:
(a) The policies and procedures set forth in
			 this rule are followed; and
(b)
			 The actions taken by the facility are adequately documented.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0005 - 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,
			 421.068,
			 421.180,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 define the rules of conduct governing adults in custody and outline the
			 procedures to be followed in processing disciplinary action(s).
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to hold adults in custody accountable for misconduct while
			 incarcerated, and to promote and reinforce pro-social behavior by adults in
			 custody, through a system of disciplinary rules and procedures that embrace the
			 Oregon Accountability Model and Correctional Case Management.
(b) Adults in custody under Department of
			 Corrections supervision shall be disciplined for violation of specified rules
			 of prohibited conduct in accordance with the procedures set forth in these
			 rules. The primary objectives of these rules are:
(A) To provide for the safe, secure, orderly,
			 and efficient management of Department of Corrections facilities, the safety
			 and security of department employees, the public, adults in custody, and
			 property of the Department of Corrections;
(B) To establish norms of acceptable conduct
			 and consistent and fair procedures for the processing of misconduct reports for
			 adults in custody;
(C) To allow a
			 range of appropriate disciplinary sanctions for violation of the rules of
			 prohibited conduct for adults in custody; and
(D) To encourage positive behavioral
			 change.
(c) To promote
			 these objectives, adults in custody found in violation of the rules of
			 prohibited conduct are issued individualized sanctions based upon the totality
			 of the circumstances (including input from stakeholders, and the adult in
			 custody's behavior, strengths, and needs, subject to modification upon order of
			 the Hearings Officer and functional unit manager or designee.
(d) The department intends that the
			 authorization in OAR 291-105-0100 to withdraw an
			 order and direct the disciplinary hearing to be reopened applies retroactively
			 to disciplinary orders issued on, before, or after these rules.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0013 - AIC Access to the Rules of Prohibited Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
During the admission and orientation process, AICs will be
				provided with the Rules of Misconduct (291-105-0015)
				and Rights in Formal and Informal Hearings (291-105-0056). Spanish-speaking
				AICs will receive copies in Spanish; other AICs with a language barrier will
				receive assistance from an individual who speaks their language. AICs with a
				visual, speech, or hearing disability shall be provided with assistance
				appropriate to the degree of their disability. In addition, OAR 291-105 will be
				available for review in the legal library or general library of each facility.
				Copies also may be obtained in accordance with DOC rule 291-037 Release of
				Public Records, or from the library coordinator upon request at the AIC's
				expense in accordance with DOC rule 291-139 Legal Affairs.
Statutory/Other Authority: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0021 - Procedures for Handling Misconduct by AICs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Corrective Action: Employees shall be
			 expected to use less formal procedures if the act or acts of misconduct do not
			 constitute an immediate and continued threat to life, health, facility
			 security, employee authority, or serious property damage or destruction, and in
			 a manner that promotes and embraces the Oregon Accountability Model. Less
			 formal corrective action may include: a reprimand, a warning, counseling, a
			 conduct order, or as otherwise authorized by the functional unit manager,
			 Officer-in-Charge, or designee.
(a) Employees
			 issuing a conduct order shall promptly complete the conduct order and forward
			 it to the Officer-in-Charge or designee for review.
(b) The Officer-in-Charge or designee shall
			 review and approve, cancel, or modify the conduct order as soon as practicable
			 or within four hours of it being issued. If the Officer-in-Charge or designee
			 determines that the incident warrants a misconduct report rather than a conduct
			 order, the Officer-in-Charge or designee will ensure the conduct order is
			 cancelled and a misconduct report submitted. If the Officer-in-Charge or
			 designee determines a conduct order is necessary to immediately address safety
			 and security concerns, and a misconduct report is warranted, the misconduct
			 report shall reflect the reason(s) for issuing both a conduct order and a
			 misconduct report.
(c) The AIC
			 shall be notified a conduct order is being issued as soon as practicable. A
			 copy of the conduct order shall be delivered to the AIC as soon as practicable
			 or within four hours of it being approved, cancelled, or modified.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0031 - Processing of the Formal Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 10 working days following the
			 conclusion of the hearing, the Hearings Officer shall prepare and deliver to
			 the functional unit manager or designee a Preliminary Order containing the
			 Hearings Officer's finding of fact and conclusions of law and recommendations
			 for review.
(2) The Hearings
			 Officer may issue an amended order for restitution purposes. In all such
			 instances, the Hearings Officer shall convene or reconvene a hearing with the
			 AIC regarding the restitution issue(s), in accordance with the provision of OAR
			 291-105-0028 and
			 291-105-0056. In such cases the
			 AIC shall be provided a Notice of Hearing in accordance with OAR
			 291-105-0056(3),
			 a brief written description of what the restitution is for, and the amount of
			 restitution to be ordered.
(3) Upon
			 receipt of the Preliminary Order, the functional unit manager or designee shall
			 note the date received on the order. Within five working days after receipt of
			 the Preliminary Order, the functional unit manager or designee shall do one of
			 the following:
(a) Approve and sign the
			 Preliminary Order without amendment, upon which the Preliminary Order becomes
			 the Final Order; or
(b) Issue an
			 amended order dismissing the misconduct report(s) or changing the disciplinary
			 sanction(s) or their imposition in the Preliminary Order, for one or more of
			 the reasons specified in OAR
			 291-105-0031(5),
			 upon which the amended order becomes the Final Order; or
(c) Order the Hearings Officer to reopen the
			 hearing to receive and consider additional evidence not submitted in the
			 original hearing, and to issue an amended Preliminary Order after consideration
			 of the additional evidence.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0036 - Preparation of the Formal Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The record of the formal hearing shall
			 include:
(a) The misconduct
			 report(s);
(b) The Notice of
			 Hearing and Rights;
(c) Supporting
			 material;
(d) The Final Order
			 (Findings of Fact, Conclusions, and Order) issued by the Hearings Officer and
			 the functional unit manager or designee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0041 - Adjudicator Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An adjudicator shall be appointed by the functional unit manager in each
			 Department of Corrections facility.
(2) The adjudicator will receive all minor
			 misconduct reports, once they have been entered into the disciplinary system
			 and assigned a case number. The adjudicator shall conduct an informal hearing
			 on minor misconduct reports in accordance with OAR
			 291-105-0046.
(3) The adjudicator shall not have been a
			 witness of or participated in the event in any manner.
(4) The adjudicator shall conduct the
			 informal hearing and decide whether the AIC has violated the rule(s) as
			 charged. The adjudicator may not add or change the violations in the misconduct
			 report.
(5) The adjudicator may
			 dismiss the misconduct report(s) at any stage of the proceedings, with or
			 without prejudice, stating in writing the reason(s) for the dismissal. A new
			 misconduct report may be resubmitted utilizing the same process as provided in
			 OAR 291-105-0021(2)
			 if dismissed without prejudice or dismissed for insufficient
			 evidence.
(6) The adjudicator may
			 decline to conduct an informal hearing and refer the case to the Hearings
			 Officer for a formal hearing when the AIC's mental competency is an
			 issue.
(7) Requests for a formal
			 hearing for a misconduct report charging a minor rule violation(s) should be
			 submitted to the adjudicator in writing in advance of the informal hearing or
			 made verbally prior to the start of the informal hearing at the
			 latest.
Statutory/Other Authority: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0046 - Conduct of the Informal Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An informal hearing shall be conducted by
			 the adjudicator on all misconduct report(s) that do not charge a major
			 violation(s), unless the AIC requests a formal hearing in writing on the Notice
			 of Hearing and Rights form or verbally prior to the start of the informal
			 hearing.
(2) Findings by the
			 adjudicator must be on the merits. Technical and clerical errors in the writing
			 or processing of the misconduct report shall not be grounds for
			 dismissal.
(3) The adjudicator
			 shall consider such evidence as would be considered by a reasonable person in
			 the conduct of their serious affairs.
(4) Standard of Proof: Rule violation(s)
			 shall be found upon proof by a preponderance of the evidence. The term
			 preponderance of the evidence means the greater weight of evidence, not
			 necessarily established by the amount of evidence or number of witnesses, but
			 by that evidence that has the most convincing force.
(5) The AIC shall be given the opportunity to
			 provide testimony, to submit evidence, or to waive the right to participate in
			 the hearing as set forth in OAR
			 291-105-0056. AICs shall not be
			 permitted to call witnesses in an informal hearing.
(6) Assistance by an employee, AIC, or other
			 person approved by the adjudicator will be utilized in cases where it is found
			 that assistance is necessary based upon language barriers or capacity of the
			 AIC.
(7) The adjudicator may pose
			 questions during the hearing.
(8)
			 Documents and Physical Evidence:
(a) An AIC
			 participating in an informal disciplinary hearing may present documents and
			 physical evidence during the hearing, subject to the exclusions and
			 restrictions provided in these rules.
(b) Any person who is knowledgeable of the
			 rule violation(s) charged in the misconduct report(s) may submit documents and
			 physical evidence in advance of or during the hearing.
(c) The adjudicator may exclude documents and
			 physical evidence upon finding that such evidence would not assist in the
			 resolution of the disciplinary action or that such evidence would present an
			 undue risk to the safe, secure, or orderly operation of a facility,
			 specifically including the safety and security of employees and AICs. The
			 reason(s) for exclusion shall be made a part of the record.
(d) The adjudicator may classify documents
			 and physical evidence as confidential, and not disclose such evidence to the
			 AIC, upon finding that disclosure would present an undue risk to the safe,
			 secure, or orderly operation of a facility, specifically including the safety
			 and security of employees and AICs or that disclosure would interfere with an
			 ongoing official investigation or criminal prosecution. The reason(s) for
			 classifying documents and physical evidence as confidential shall be made a
			 part of the record.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0056 - AIC Rights in Formal and Informal Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hearing: The AIC shall be entitled to a
			 hearing whenever a misconduct report has been filed. An AIC receiving a minor
			 misconduct report shall not receive a formal hearing, unless specifically
			 requested.
(2) Waiver of Hearing:
(a) The AIC may waive the right to a hearing.
			 Waiver of the right must be made in writing, verbally, or through behavior and
			 must be documented on the record. An AIC's refusal to attend the hearing will
			 constitute a waiver.
(b) If the AIC
			 waives the right to a hearing, the case will be reviewed on its merits by the
			 Hearings Officer or adjudicator in accordance with the procedures outlined in
			 these rules (OAR 291-105).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0058 - Investigations in Formal and Informal Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Hearings Officer or adjudicator may
			 order an investigation.
(2) The
			 investigator shall not have been a witness to the event or have participated in
			 the case as a charging officer.
(3)
			 The Hearings Officer or adjudicator shall disclose the results of the
			 investigation to the AIC unless disclosure of the investigative results would
			 constitute a threat to the safety, security, or orderly operation of a
			 facility. The reason(s) for nondisclosure shall be made a part of the record.
			 The Hearings Officer or adjudicator shall not provide the AIC with copies of
			 supplemental documents that comprise the case against the AIC.
Statutory/Other Authority: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0064 - Postponements and Continuances of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hearing may
			 be postponed or continued by the Hearings Officer or the adjudicator for a
			 reasonable period of time for good cause.
(2) "Good cause" includes, but is not limited
			 to:
(a) Preparation of defense; or
(b) Illness or unavailability of the AIC
			 charged; or
(c) Gathering of
			 additional evidence (for example, calling of witnesses, gathering of witness
			 statements, investigation, acquisition of physical evidence); or
(d) Avoiding interference with an ongoing
			 police investigation or pending prosecution; or
(e) Determination of appropriate
			 sanctions.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0066 - Principles of Application of Disciplinary Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A single act of
			 misconduct may violate more than one misconduct rule.
(2) Loss of Privilege: If the AIC's
			 misconduct involves the abuse or misuse of a specific privilege (for example:
			 recreation yard, canteen, etc.), the Hearings Officer or adjudicator may order
			 a loss of that specific privilege and may increase the loss of that specific
			 privilege sanction up to twice the amount listed in the appropriate grid
			 box.
(3) If an AIC receives a
			 conduct order and a misconduct report that results in a recommended loss of
			 privileges sanction, the AIC will receive credit for the length of the conduct
			 order toward the loss of privilege sanction.
(4) If an AIC is placed in disciplinary
			 segregation pending a misconduct report and the formal hearing results in a
			 recommended disciplinary segregation sanction, the AIC will receive credit for
			 the length of time in disciplinary segregation awaiting the hearing toward the
			 recommended disciplinary segregation sanction.
(5) For rule violations arising from separate
			 misconduct reports, disciplinary segregation sanctions shall be served
			 consecutively, up to 90 days.
(6)
			 For rule violations arising from the same misconduct report:
(a) Concurrent disciplinary segregation
			 sanctions may be imposed by the Hearings Officer or functional unit manager or
			 designee, up to 90 days. The AIC shall be ordered to only serve the sanction
			 for the most serious violation in the misconduct report.
(b) Consecutive sanctions may be imposed by
			 the Hearings Officer or functional unit manager or designee. The reasons for
			 consecutive sanctions shall be supported by written substantial reasons
			 outlining the factor(s) supporting the consecutive sanctions. No aspect of the
			 misconduct that serves as a necessary element of misconduct may be used as an
			 aggravating factor if that factor is also used to impose discipline.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0069 - Additional Sanctions for Major Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The additional sanctions available to the Hearings Officer for
				major violations include, but are not limited to:
(1) Restitution: AICs shall be responsible
			 for making full restitution for any damage or loss of property. In addition,
			 AICs shall be financially responsible for all costs associated with or
			 resulting from the violation. These shall include the costs of any drug
			 urinalysis testing and other costs incurred by the Department of Corrections as
			 a result of the AIC's actions. There is no limit on the amount of restitution
			 which can be imposed. There must always be a factual basis in the record to
			 support the restitution amount. The Hearings Officer may recommend a freeze on
			 the AIC's trust account for the sum of the restitution as per OAR
			 291-158.
(2) Confiscation of
			 property or contraband: If the property or contraband confiscated is in the
			 AIC's trust account, the Hearings Officer may recommend a freeze on the AIC's
			 trust account for the sum of the contraband, or the balance of the AIC's
			 account, whichever is lower as per OAR 291-158.
(3) Reduction to Basic Visiting Status
			 (non-contact): For any major violation, basic visiting status may be imposed up
			 to a maximum of 180 days for any one violation. Any AIC found in violation of
			 Distribution I or Possession of an Electronic Device, including attempt or
			 conspiracy, within the past two years may be restricted to basic visits for
			 each violation as follows:
(a) First
			 violation: up to 1 year (365 days)
(b) Second violation: up to 2 years (730
			 days)
(c) Third or more
			 violation(s): up to 4 years (1,460 days)
(A)
			 Basic visiting sanctions shall be served upon return to general population
			 housing.
(B) Basic visiting
			 sanctions shall be served consecutively up to 7 years (2,555 days). No AIC
			 shall serve more than 7 years (2,555 days) of consecutive basic visiting
			 sanctions at any one time.
(C) Once
			 a basic visiting sanction starts, it runs to conclusion regardless of the AIC's
			 housing or custody status.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0071 - Additional Sanctions for Minor Violations

Current through Register Vol. 63, No. 7, July 1, 2024
The additional sanctions available to the Hearings Officer or
				adjudicator for minor violations include, but are not limited to:
(1) Restitution: AICs shall be responsible
			 for making full restitution for any damage or loss of property. In addition,
			 AICs shall be financially responsible for all costs associated with or
			 resulting from the misconduct. There is no limit on the amount of restitution
			 which can be ordered. There must always be a documented factual basis in the
			 record to support the restitution amount.
(2) Confiscation of property or
			 contraband.
(3) Reduction to basic
			 visiting status (non-contact): For a minor violation, basic visiting status may
			 be imposed up to a maximum of 28 days for any one violation.
(4) Extra work detail: For a minor violation,
			 the limit on extra work detail is a maximum of 40 hours, to be completed within
			 30 days after the hearing.
(5)
			 Other sanctions as deemed appropriate by the Hearings Officer or adjudicator
			 and approved by the functional unit manager or designee.
Statutory/Other Authority: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0072 - Deviation Sanctions for Major Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once the level of discipline has been
			 determined according to the disciplinary grid, the Hearings Officer or
			 functional unit manager or designee may deviate, either upward or downward, on
			 major violations in formal hearings. This deviation of disciplinary segregation
			 sanction, under no circumstances, may exceed 50 percent of the segregation
			 sanction in the appropriate box on the grid. All deviated sanctions shall be
			 supported by written substantial reasons outlining the mitigating or
			 aggravating factors which support the deviation of disciplinary segregation
			 sanction. All deviations of disciplinary segregation sanction shall be subject
			 to review by the functional unit manager or designee.
(2) There may be only one deviation of
			 disciplinary segregation sanction ordered for each sanction imposed. The
			 Hearings Officer and functional unit manager or designee may not both order a
			 separate deviation of disciplinary segregation sanction for one
			 violation.
(3) Deviations of
			 disciplinary segregation sanction may only be ordered for major
			 violations.
(4) Substantial reasons
			 will be separated into mitigating and aggravating factors.
(5) The following list of mitigating and
			 aggravating factors may be considered when determining substantial reasons for
			 a deviation of disciplinary segregation sanction. Other factors not listed may
			 also constitute substantial reasons for mitigation or aggravation.
(a) Mitigating factors:
(A) The AIC acted under duress or compulsion
			 (not sufficient as a complete defense).
(B) The AIC's mental capacity was diminished
			 (excluding diminished capacity due to voluntary drug or alcohol
			 abuse).
(C) The misconduct was
			 principally accomplished by another, and the AIC exhibited extreme caution or
			 concern for the victim.
(D) The
			 victim (if any) was an aggressor or participant in the behavior associated with
			 the misconduct.
(E) The AIC played
			 a minor or passive role in the misconduct.
(F) The AIC cooperated with the department
			 with respect to the current misconduct or any other misconduct by the AIC or
			 other AICs.
(G) The degree of harm
			 or loss attributed to the current misconduct was significantly less than
			 typical for such misconduct.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0081 - Adjustments to Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adjustments to
			 Final Orders shall be initiated by an employee and documented using the
			 Adjustment to Final Order form. Adjustments to Final Orders must pertain to a
			 specific disciplinary case.
(2) In
			 recommending adjustments to Final Orders, the designated institution committee
			 will consider each individual AIC's particular circumstances and significant
			 positive behavior change. Recommendations will be made by the designated
			 institution committee to the functional unit manager or designee to make
			 adjustments to the Final Orders regarding fines, basic visiting, earned time,
			 statutory good time, extra good time credits, or LOP sanctions greater than 29
			 days.
(a) Generally, the AIC should have
			 served/completed at least 50% of the sanction imposed and demonstrated a
			 significant positive behavior change before an adjustment to that sanction
			 would be considered. If the recommendation for the adjustment would be more
			 than 50%, the recommendation to the functional unit manager or designee shall
			 include factors that justify more than a 50% adjustment.
(b) Generally, a restoration of earned time,
			 statutory good time, or extra good time credits should not cause an AIC's
			 release date to move within 60 days of the date of adjustment. If the
			 restoration of earned time, statutory good time, or extra good time credits
			 should cause an AIC's release date to move within 60 days of the date of
			 adjustment, the recommendation for restoration must also go through the
			 Department's Release Services Manager, who must also approve the restoration of
			 retracted time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0081 - Adjustments to Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adjustments to
			 Final Orders shall be initiated by an employee and documented using the
			 Adjustment to Final Order form. Adjustments to Final Orders must pertain to a
			 specific disciplinary case.
(2) In
			 recommending adjustments to Final Orders, the designated institution committee
			 will consider each individual AIC's particular circumstances and significant
			 positive behavior change. Recommendations will be made by the designated
			 institution committee to the functional unit manager or designee to adjust the
			 Final Orders regarding fines, basic visiting, earned time, statutory good time,
			 or extra good time credits.
(a) Generally,
			 the AIC should have served or completed at least 50 percent of the sanction
			 imposed and demonstrated a significant positive behavior change before an
			 adjustment to that sanction would be considered. If the recommendation for the
			 adjustment would be more than 50 percent, the recommendation to the functional
			 unit manager or designee shall include factors that justify more than a 50
			 percent adjustment.
(b) Generally,
			 a restoration of earned time, statutory good time, or extra good time credits
			 should not cause an AIC's release date to move within 60 days of the date of
			 adjustment. If the restoration of earned time, statutory good time, or extra
			 good time credits should cause an AIC's release date to move within 60 days of
			 the date of adjustment, the recommendation for restoration must also go through
			 the department's Release Services Manager, who must also approve the
			 restoration of retracted time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0085 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC may
			 direct concerns or issues regarding a hearing to the functional unit manager or
			 designee as soon as possible after the conclusion of the hearing. Upon receipt
			 of the Preliminary Order, the functional unit manager or designee will: approve
			 the order, amend the order, dismiss the order, or reopen to consider new
			 evidence not submitted in the original hearing.
(2) Disciplinary actions subject to review by
			 the Inspector General or designee are:
(a)
			 Level I or Level II rule violations; or
(b) Recommendations for extension of the
			 AIC's parole release date, retraction of earned time, statutory good time, or
			 extra good time credits; or
(c)
			 Deviations from the disciplinary segregation sanction listed on the grid;
			 or
(d) Any case deemed appropriate
			 by the Inspector General or designee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0100 - Vacating or Withdrawing the Final Order in the Interest of Justice

Current through Register Vol. 63, No. 7, July 1, 2024
The Inspector General, Assistant Director for Operations, or
				their designees may, in the interest of justice, vacate all or part of a final
				disciplinary order or withdraw the order and direct that a disciplinary hearing
				be reopened for consideration of new evidence.
Statutory/Other Authority: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.068,
				  421.180,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 107 - PETITIONS (CIRCULATION IN FACILITIES) › Section 291-107-0005 - 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,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 set guidelines to govern the circulation of petitions by inmates within a
			 Department of Corrections facility.
(3) Policy: It is the policy of the
			 Department of Corrections to assure that effective channels of communication
			 between inmates, community, and staff exist. Suggestions for improvements are
			 welcome and encouraged. Those inmates who have not been able to resolve
			 problems through other available channels (i.e., the Inspector General,
			 Department of Corrections staff, or grievance procedure), may request approval
			 to circulate a petition. Petitions may be circulated with the approval of the
			 facility manager in accordance with the procedures included in this rule.
Statutory/Other Authority: ORS 179 & 423
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 107 - PETITIONS (CIRCULATION IN FACILITIES) › Section 291-107-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Department of
			 Corrections Facility": An institution or its satellite, release center, or
			 office, including the grounds, operated by the Department of
			 Corrections.
(2) "Functional Unit":
			 Any organizational component within the Department of Corrections responsible
			 for the delivery of services or coordination of programs.
(3) "Functional Unit Manager": Any person
			 within the Department of Corrections who reports to either the Administrator or
			 an assistant administrator and has day-to-day responsibility for the delivery
			 of program services or coordination of program operations.
(4) "Inmate": Any person under the
			 supervision of Department of Corrections who is not on parole or probation
			 status.
Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 107 - PETITIONS (CIRCULATION IN FACILITIES) › Section 291-107-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Those inmates
			 who have not been able to resolve problems through other available channels
			 (i.e., the Inspector General, Department of Corrections staff, or grievance
			 procedure), may request approval to circulate a petition. Petitions may be
			 circulated with the approval of the functional unit manager as directed in this
			 rule. Any inmate or other person desiring to circulate a petition will present
			 the petition to the functional unit manager adding any supporting information
			 that would justify its approval. Permission to circulate petitions within a
			 Department of Corrections facility will be approved if:
(a) There is factual information;
(b) All other available avenues to remedy a
			 problem or seek a solution to the issue or subject of the petition have been
			 exhausted;
(c) The outcome of
			 circulating the petition has the potential to benefit or improve the facility
			 population or the people of the State of Oregon;
(d) Circulation of the petition would not
			 seriously disrupt the order and security of the facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 107 - PETITIONS (CIRCULATION IN FACILITIES) › Section 291-107-0020 - Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
These rules will be implemented immediately, without
				modification, by all functional unit managers.
Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0100 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish department policy and procedures for adult in custody (AIC)
			 communication with staff and the administration of the department's internal
			 grievance review and appeal system for AICs confined in Department of
			 Corrections facilities.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to encourage AICs to address their concerns informally with
			 appropriate staff and managers through dialog or by utilizing communication
			 forms. AICs having information or concerns regarding the conduct or behavior of
			 staff that may directly threaten the life, health, and safety of staff or AICs
			 are also encouraged to communicate their information and concerns to the
			 department using such other systems as the department may develop, for example,
			 the Inspector General's hotline.
(b) Recognizing that due to the complex
			 nature of the correctional setting some issues or disputes between staff and
			 AICs may not be readily resolved at an informal level, it is the policy of the
			 Department of Corrections to permit and encourage AICs to seek resolution of
			 issues or disputes with employees, contractors, or volunteers of the Department
			 of Corrections or Oregon Corrections Enterprises using the department's
			 internal AIC grievance review and appeal system established in these
			 rules.
(c) Within the inherent
			 limitations of resources and the need for facility security, safety, health and
			 good order, it is the policy of the Department of Corrections that all AICs be
			 treated fairly and equitably, and that staff actions and decisions be
			 consistent with the rules, policies and procedures of the department.