reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0260 - Involuntary Assignment to a Mental Health Infirmary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Emergency:
(a) An inmate may be involuntarily assigned
			 to a Mental Health Infirmary for evaluation for a period not to exceed five
			 working days by order of the BHS program manager, treating practitioner, or
			 functional unit manager, only upon a finding of reasonable grounds.
(b) The decision to place an inmate in a
			 Mental Health Infirmary will be based on the recommendation of the mental
			 health staff, psychologist, thee Medical Services manager, or available program
			 staff. Other pertinent staff reports may also be considered.
(c) If the inmate is placed in a Mental
			 Health Infirmary on an emergency basis, the functional unit manager shall
			 inform the inmate in writing.
(d)
			 Assessment: Within five working days following assignment to a Mental Health
			 Infirmary, the mental health treatment team will assess the need for treatment.
			 The following mental health data shall be considered by the treating
			 practitioner in making the assessment:
(A)
			 Existence and type of disorder;
(B)
			 Potential therapeutic effect of a change in environment;
(C) Potential for development of a
			 comprehensive program for treatment of the inmate that is available within a
			 Mental Health Infirmary and is likely to benefit the inmate;
(D) Ability to function in the general
			 population; and
(E) Any other
			 factors substantially related to the mental health of the inmate as applicable,
			 including staff observation, individual diagnostic interviews and tests
			 assessing intellect and coping abilities.
(e) Upon completion of the assessment and
			 compilation of the inmate's mental health history:
(A) If the mental health treatment team
			 determines the inmate is not in need of the level of care in a Mental Health
			 Infirmary, the inmate will be returned to his/her former status or referred to
			 mental health treatment as appropriate.
(B) If the mental health treatment team
			 determines the inmate is in need of the level of care in a Mental Health
			 Infirmary, an overall treatment plan will be developed with appropriate
			 referral as needed.
(f)
			 The inmate will be given the opportunity to voluntarily admit himself/herself
			 to a Mental Health Infirmary.
(g)
			 If the inmate is unwilling to be voluntarily admitted, the treating
			 practitioner may admit the inmate on an involuntary basis.
(A) The treating practitioner will notify and
			 deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental
			 Health Special Housing (CD 1567) to the functional unit manager.
(B) The functional unit manager will notify
			 the hearings officer.
(C) The
			 hearings officer will make arrangements to conduct an involuntary assignment
			 hearing as outlined in OAR
			 291-048-0290 within five working
			 days after completion of the evaluation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0270 - Assignment to Intermediate Care Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may be assigned to Intermediate
			 Care Housing based on a referral from a mental health specialist. An inmate may
			 be referred if:
(a) It is determined at
			 release from an MHI that the inmate requires additional stabilization prior to
			 placement into a less restrictive environment;
(b) It is determined at intake that the
			 inmate does not have the basic coping skills to be placed directly into a less
			 restrictive environment;
(c) It is
			 determined during the inmate's incarceration that he or she will have an
			 increase in symptoms in a less restrictive environment if he or she is not
			 provided a higher level of treatment and support; or
(d) The inmate demonstrates high risk for
			 suicide or frequent self-harm.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0280 - Assignment to a Behavioral Health Unit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may be assigned to a Behavioral
			 Health Unit if the inmate has committed violent acts or disruptive behavior and
			 is diagnosed with a serious mental illness. An inmate may be referred if:
(a) The inmate has committed violent or
			 disruptive disciplinary actions in either general housing or special housing
			 units and is placed in temporary disciplinary segregation in accordance with
			 OAR 291-105; or
(b) A hearings
			 officer recommends assignment to a Behavioral Health Unit as a diversion to a
			 disciplinary segregation sanction in accordance with OAR 291-105; or
(c) The inmate is being considered for
			 placement in an Intensive Management Unit in accordance with OAR 291-055 and
			 the Special Population Management (SPM) Committee recommends assignment to a
			 Behavioral Health Unit.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0290 - Involuntary Assignment to Mental Health Special Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of Hearing:
(a) The inmate shall be given written notice
			 of the hearing by the hearings officer not less than 24 hours prior to the
			 hearing.
(b) The notice shall
			 include a statement of the inmate's rights with respect to the
			 hearing.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0300 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Behavior
			 Health Administrator or designee shall review the results of any hearing held
			 to involuntarily place an inmate in mental health special housing.
(2) The Behavior Health Administrator or
			 designee shall review the Findings of Fact, Conclusion, and Recommendation of
			 the hearings officer to determine whether:
(a) There was substantial compliance with the
			 procedural requirements of these rules;
(b) The recommended decision was based on
			 substantial information; and
(c)
			 The recommended decision was proportionate to the information and consistent
			 with the provisions of the rule.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0310 - Provision of Basic Services and Programs in Mental Health Special Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mental health
			 special housing shall be under the clinical supervision of the BHS program
			 manager and the operational supervision of the MHSH custody manager.
(2) An inmate in mental health special
			 housing may be given special security housing upon recommendation of the mental
			 health treatment team for a specified period of time, and may not be permitted
			 out of their assigned cell/room except when in actual custody of a custody
			 staff member.
(3) Basic services
			 and programs shall be determined by the mental health treatment team. The
			 manner in which services and programs are provided may differ from the way they
			 are provided to inmates in general population, if providing them in a routine
			 manner would cause an immediate and continuing threat to the security of the
			 facility or the safety of its staff or others.
(4) The mental health treatment team will
			 develop, implement, or modify each individual inmate's treatment. A review of
			 the inmate's treatment plans will occur as clinically indicated.
(a) The plan will have a specific set of
			 objectives to meet in a progression of increasing personal responsibility. The
			 treatment plan must be written, and a copy given to each inmate with whom the
			 treatment plan is developed. A review of treatment plans will occur every 30
			 days or as clinically indicated.
(b) A treatment plan may include, but is not
			 limited to, a structured daily schedule for that individual inmate different
			 from the unit schedule based on that inmate's individual needs.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0320 - Release From Mental Health Special Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon inmate petition, an inmate assigned
			 to mental health special housing on a voluntary basis will be reassigned to a
			 less restrictive environment within five working days, unless the mental health
			 treatment team determines continued treatment at the current level of care is
			 necessary. In such instances, the mental health treatment team shall follow the
			 procedures for involuntary assignment outlined in OAR
			 291-048-0290.
(2) An inmate assigned involuntarily to
			 mental health special housing will remain so assigned for only the shortest
			 length of time necessary to achieve the purpose(s) for which the assignment was
			 prescribed. The assignment shall not exceed 180 days unless the assignment is
			 renewed in a subsequent administrative hearing as outlined in OAR
			 291-048-0290.
(3) When an inmate is released from mental
			 health special housing, the mental health treatment team, in collaboration with
			 the Office of Population Management, will determine the appropriate housing
			 assignment; e.g., general population, Intensive Management Unit, disciplinary
			 segregation, administrative housing, etc.
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 48 - MENTAL HEALTH SPECIAL HOUSING › Section 291-048-0330 - Administrative Hold Assignments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The functional unit manager(s) may temporarily assign an inmate to mental
			 health special housing for other than mental health reasons on administrative
			 hold status if he/she determines that the inmate's assignment is necessary or
			 advisable to protect the safety, security, health, good order and discipline of
			 the facility, its staff, visitors or other inmates, or to further other
			 legitimate correctional objectives.
(2) Assignment to mental health special
			 housing on administrative hold status shall not be an admission to the unit. An
			 inmate assigned to mental health special housing on administrative hold status
			 will be subject to all operational policies and procedures while assigned to
			 the unit.
(3) An inmate may be
			 involuntarily assigned to mental health special housing for a period in excess
			 of 30 days in accordance with the notice and hearings process set forth in the
			 department's rule on Administrative Housing (OAR 291-046).
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 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0100 - 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 (DOC) in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of these rules is
			 to:
(a) Provide procedures for the
			 administrative transfer of certain adults in custody (AICs) or youths in
			 custody (YICs) under the age of 20 from DOC to the Oregon Youth Authority
			 (OYA); and
(b) Provide procedures
			 for requesting a court hearing under the provisions of ORS
			 420A.203 Eligibility for second
			 look, establishing a release plan, and providing follow-up reports to the
			 court.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of DOC who is not on parole,
			 post-prison supervision, or probation.
(2) Adjudicated Youth: A person who has been
			 found to be within the jurisdiction of the juvenile court under ORS 416C.005
			 for an act committed when the person was under 18 years of age.
(3) Conditional Release: A period of
			 community supervision authorized under ORS
			 420A.206 if approved by the
			 sentencing court following a second look hearing per ORS
			 420A.203. The period of
			 supervision is the entire remainder of the sentence of imprisonment imposed,
			 less any reduction in sentence under ORS
			 421.121 or any other statute,
			 unless the conditional release is revoked or suspended. An AIC or YIC who is
			 released on second look conditional release remains in DOC legal custody, as
			 opposed to physical custody, until the expiration of the AIC's or YIC's
			 incarceration term.
(4) Re-entry
			 Support and Services: Includes, but not limited to, aid for housing and
			 employment, vocational assistance, transportation services, treatment and
			 access to physical or mental health care services, medications, mentoring and
			 specialized supervision strategies.
(5) Second Look: For crimes committed on or
			 after June 30, 1995, AICs and YICs under 18 years of age at the time of
			 committing an offense and sentenced to DOC for a term of imprisonment of at
			 least 24 months may be eligible for conditional release following completion of
			 half of the imposed DOC sentence and approval by the sentencing
			 court.
(6) Youth Correction
			 Facility: Any facility used for the confinement of persons committed to the
			 physical custody of OYA.
(7) Youth
			 in Custody (YIC): Any person under 18 years of age under the supervision of DOC
			 who is not on parole, post-prison supervision, or probation.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.124,
				  179.040,
				  420.011(2) &
				  (3),
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0120 - Transfer to Oregon Youth Authority of Qualifying AICs and YICs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC or YIC
			 shall be considered qualified for transfer to a youth correction facility if
			 the AIC or YIC meets the applicable criteria provided in ORS
			 137.124 and ORS
			 420.011.
(2) DOC must notify OYA when a qualified AIC
			 or YIC is taken to Coffee Creek Intake Center and arrange through the DOC
			 Office of Population Management to transfer the AIC or YIC to the appropriate
			 youth correction facility.
(3) DOC
			 staff will coordinate with OYA to complete any intake procedures not completed
			 prior to transfer to a youth correction facility.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.124,
				  179.040,
				  420.011(2) &
				  (3),
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0130 - AICs and YICs Delivered Directly to the Oregon Youth Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The same day an
			 AIC or YIC arrives at a youth correction facility, OYA staff must forward
			 copies of the AIC's or YIC's judgments, statements of imprisonment, detainers,
			 county misconduct documents, fingerprints, photograph, and any other
			 information received to DOC.
(2)
			 DOC must verify the AIC or YIC meets the qualifying criteria to be placed in a
			 youth correction facility as outlined in OAR
			 291-052-0100(3).
(3) Designated DOC staff must coordinate with
			 designated OYA staff to complete the AIC's or YIC's DOC intake
			 process.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.124,
				  179.040,
				  420.011(2) &
				  (3),
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0140 - Return of an AIC or YIC to the Department of Corrections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To return an AIC or YIC to DOC, the OYA
			 Director or designee shall contact the DOC Office of Population Management to
			 request the transfer. The Office of Population Management shall arrange the
			 AIC's or YIC's transport to DOC.
(2) An AIC or YIC cannot remain in the
			 physical custody of the OYA after the AIC or YIC is 25 years of age. Before the
			 AIC's or YIC's 25th birthday, the Office of Population Management shall
			 coordinate with the DOC Transport Unit to arrange for the transfer of the AIC
			 or YIC to DOC.
(3) An AIC or YIC
			 cannot be transferred to DOC until they have reached 18 years of age.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.124,
				  179.040,
				  420.011(2) &
				  (3),
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0150 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DOC will:
(a) Retain legal custody of the AIC or YIC,
			 regardless of the AIC's or YIC's physical location;
(b) Designate a functional unit manager or
			 designee of the Office of Population Management as the coordinator for case
			 planning, classification, and all status change decisions concerning each AIC
			 or YIC on administrative transfer to a youth correction facility;
(c) Issue all warrants and place all-points
			 bulletins for AICs or YICs who escape from a youth correction
			 facility;
(d) Manage release
			 planning, including second look conditional release planning and coordination
			 of releases to other agencies holding detainers, for all AICs or YICs in OYA
			 physical custody; and
(e) Notify
			 OYA of scheduled Board of Parole and Post-Prison Supervision hearings for AICs
			 or YICs in OYA physical custody.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0160 - Release Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Not
			 more than 180 days and not less than 150 days before the AIC's or YIC's
			 earliest release date, or at the request of DOC, OYA will send the AIC's or
			 YIC's proposed transition worksheet to the DOC release counselor to assist in
			 the development of a DOC release plan.
(2) The DOC release counselor will work with
			 the AIC or YIC, OYA, county community corrections, and the Board of Parole and
			 Post-Prison Supervision on a DOC release plan. A release plan must include the
			 following:
(a) Proposed residence plan with
			 occupant's contact information and relationship to the AIC or YIC if a private
			 residence. If the AIC or YIC is in need of housing, a release plan will include
			 that information;
(b) Any notable
			 issues regarding criminal history, risks and needs, residence plan, necessary
			 police reports, financial obligations including restitution, and supporting
			 documentation for recommended conditions of supervision;
(c) Recommended special conditions of
			 supervision based on the individual risks and needs of the AIC or YIC,
			 including any conditions reasonably necessary to further the reform and
			 rehabilitation of the AIC or YIC and to ensure compliance with the other
			 conditions imposed; and
(d)
			 Reporting instructions to the county of residence on the day of
			 release.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0170 - Second Look

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Not more than
			 120 days and not less than 60 days before the sentence is one-half served, OYA
			 or DOC, whichever has physical custody of the AIC or YIC, shall file with the
			 sentencing court a notice and request for the court to set a time and place for
			 a hearing on all AICs or YICs eligible for a second look.
(2) If a request is filed by OYA, OYA shall
			 notify the DOC release counselor and the Offender Information and Sentence
			 Computation unit of the request and the date of the hearing. A case summary
			 will be prepared by OYA and submitted to DOC prior to the date of the
			 hearing.
(3) If the AIC or YIC is
			 in the physical custody of OYA, the OYA Second Look coordinator will
			 immediately notify the Offender Information and Sentence Computation unit and
			 the DOC release counselor of the decision of the court.
(4) If the court decides that a conditional
			 release is appropriate and the AIC or YIC is in the physical custody of OYA,
			 DOC will coordinate a release plan with the county community corrections agency
			 and the OYA. DOC will submit a release plan to the court no later than 45 days
			 after the receipt of the court's direction to prepare the plan. A release plan
			 must include:
(a) A description of support
			 services and program opportunities available to the AIC or YIC;
(b) The recommended conditions of the release
			 and supervision;
(c) The level of
			 supervision required;
(d)
			 Conditions or requirements that provide for the safety of the victim, the
			 victim's family, and the community;
(e) A payment schedule for AICs or YICs whose
			 sentences include a requirement to make restitution or to pay compensatory
			 fines or attorney fees and who have not yet made full payment;
(f) Any conditions reasonably necessary to
			 further the reform and rehabilitation of the AIC or YIC and to ensure
			 compliance with the other conditions imposed; and
(g) Any special conditions necessary because
			 of the AIC's or YIC's individual circumstances.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0005 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  137.124, ORS
				  179.040, ORS 420.022(2) &
				  ORS 420.022(3), ORS 423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS › Section 291-052-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  137.124, ORS
				  179.040, ORS
				  420.011(2), ORS
				  420.011(3), ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 53 - EMERGENCY PREPAREDNESS › Section 291-053-0005

Current through Register Vol. 63, No. 7, July 1, 2024
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0010

Current through Register Vol. 63, No. 7, July 1, 2024
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0075

Current through Register Vol. 63, No. 7, July 1, 2024
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0085

Current through Register Vol. 63, No. 7, July 1, 2024
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0095

Current through Register Vol. 63, No. 7, July 1, 2024
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0105

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications & Forms referenced are
				  available from the agency.
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0115

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0125

Current through Register Vol. 63, No. 7, July 1, 2024
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 53 - EMERGENCY PREPAREDNESS › Section 291-053-0135

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
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 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0005 - 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 the assignment of custody Level 5 inmates to special
			 security housing and programs in a designated Intensive Management Unit (IMU)
			 or IMU status cells separate from general population housing in Department of
			 Corrections facilities to provide the maximum level of inmate security,
			 control, and supervision; and
(b)
			 Establish standards for the operation and management of IMU and IMU status
			 cells.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Intensive
			 Management: The status of a custody Level 5 inmate assigned to special security
			 housing and programs in a designated intensive management unit or cell separate
			 from general population housing units and cells in Department of Corrections
			 facilities.
(2) IMU Inmate Program
			 Committee: An institution committee that reviews an inmate's movement among the
			 program levels. The Assistant Superintendent of Correctional Rehabilitation
			 will chair the committee. The committee will consist of staff from Correctional
			 Rehabilitation, Behavioral Health Services, Security Threat Management,
			 Religious Services, and security. Representatives from the Office of Population
			 Management, Education section, Health Services, and Hearings may also attend.
(3) IMU Shift Supervisor: The
			 person responsible for the daily operation of the IMU in the absence of the IMU
			 manager.
(4) Intensive Management
			 Unit (IMU) Manager: The officer-in-charge or designee responsible for the daily
			 operation of the IMU.
(5)
			 Officer-in-Charge: The person designated by the functional unit manager to
			 supervise the facility and make operational decisions in accordance with rule
			 or procedure during periods when the functional unit manager or
			 officer-of-the-day are not readily available.
(6) Serious Management Concerns:
			 Participation either individually, or in a group, in behavior which poses a
			 significant threat to the safe and secure operation of the facility, including,
			 but not limited to;
(a) Threatening or
			 inflicting bodily injury on another person;
(b) Posing an immediate risk of escape;
(c) Promoting or engaging in
			 disruptive group behavior;
(d)
			 Promoting security threat group activities; or
(e) Being involved in any other activity that
			 could significantly threaten the safe and secure operation of the facility, and
			 that such behavior poses a sufficient threat that, in the judgment of the
			 department, can only be adequately controlled in appropriate special
			 housing.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0014 - Selection of Intensive Management Unit Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Selection Criteria:
(a) To qualify for a post that is solely
			 assigned to an Intensive Management Unit, the employee:
(A) Must have successfully completed trial
			 service;
(B) Must have achieved a
			 satisfactory on a special performance appraisal at the time of application and
			 assignment to IMU. At a minimum, the staff member must meet the following
			 criteria:
(i) Have demonstrated maturity and
			 tolerance;
(ii) Have expressed a
			 constructive interest in working with inmates in IMU;
(iii) Have demonstrated the ability to work
			 with inmates through conflict-reducing and conflict-control skills; and
(iv) Have demonstrated the ability
			 to use good judgment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0019 - IMU Assignments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Custody
			 Level 5 inmates who have received a sentence other than a sentence of death, or
			 who are pending retrial in a case in which a death sentence may be re-imposed,
			 shall be assigned to an IMU or IMU status cell. Inmates who have received a
			 sentence of death (inmates on death row status), or who are under investigation
			 for or who have been charged with the in-custody murder of another inmate or
			 staff, may be assigned housing in an IMU or IMU status cell.
(a) An inmate demonstrates the need for
			 custody Level 5 housing by demonstrating behaviors that in the judgment of the
			 department cause serious management concerns.
(b) Inmates assigned to an IMU or IMU status
			 cell may be temporarily assigned to other housing, treatment, program or
			 service units (i.e., infirmary, Administrative Housing, Disciplinary
			 Segregation, mental health special housing, Death Row) for housing, treatment
			 or programming as deemed necessary or advisable by the department.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0020 - Programming Levels of Intensive Management Unit Inmates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program Level Criteria:
(a) The Assistant Superintendent of
			 Correctional Rehabilitation or designee will establish criteria for the various
			 program levels.
(b) All inmates
			 assigned to an Intensive Management Unit or IMU status cell will begin on
			 program level two. The IMU Inmate Program Committee will evaluate each inmate's
			 legal or investigative status, conduct, program involvement and behavior
			 periodically.
(c) The initial
			 review will be conducted 150 days after assignment to an IMU or IMU status cell
			 and then at least every 90 days thereafter while on IMU status to determine
			 further and appropriate program level assignment.
(c) Demotions:
(A) An inmate may be demoted one or more
			 program levels for conduct or behavior which threatens the safe, secure and
			 orderly operation of the Intensive Management Unit or failure to participate in
			 programs. An inmate will not be demoted to a program level one strictly for
			 failure to participate in a program. Any demotion to level one shall be based
			 on inmate behavior.
(B) If
			 immediate action is necessary, the IMU shift supervisor may take appropriate
			 action and recommend a reduction in an inmate's program level and submit it to
			 the Intensive Management Unit manager for approval. All demotions will be
			 reviewed by the IMU Inmate Program Committee for final approval.
(d) Inmate Program Committee
			 Guidelines for Level Advancement: The following criteria will be considered
			 when evaluating an inmate's adjustment in IMU for program level advancement:
(A) Level One: One month at level one with no
			 major rule violation and no more than one minor rule violation may earn
			 promotion to:
(B) Level Two: Two
			 months at level two with no major rule violation and no more than one minor
			 rule violation and active participation in prescribed programming may earn
			 promotion to:
(C) Level Three:
			 Three months at level three with no major rule violation and no more than one
			 minor rule violation and a successful completion of prescribed programs may
			 earn promotion to:
(D) Level Four:
			 Maintain level four with no major rule violation and no more than one minor
			 rule violation. Within 30 days of a promotion to level four a decision for
			 promotion to level five or reassignment from IMU will be made.
(E) Level Five: Continue to present a serious
			 management concern and are retained at custody Level 5.
(e) The provisions of this rule apply
			 retroactively to all inmates assigned to an IMU or IMU status cell on or after
			 December 29, 2014.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0025 - Situational Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
Individual inmate assessments may be requested by the Assistant
				Superintendent of Correctional Rehabilitation or designee or the IMU Inmate
				Program Committee at any time. Inmates requesting mental health services may be
				referred to qualified Behavioral Health Services personnel pursuant to
				recommendation of Behavioral Health Services program staff or the Assistant
				Superintendent of Correctional Rehabilitation or designee.
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 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0031 - Retention/Re-assignment from an IMU or IMU Status Cell

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When considering an inmate for
			 re-assignment from an IMU or IMU status cell to other appropriate housing, the
			 IMU Inmate Program Committee will consider the inmate's adjustment within IMU,
			 the nature and severity of the high category misconduct, length of time in IMU,
			 and past history. The committee may also consider the degree of participation
			 in self-improvement programs, mental health counseling, anger management,
			 education, job assignments, alcohol/drug abuse therapy, assessment and
			 evaluation, behavioral contracts, security threat group disassociation,
			 communicable disease counseling, or other institutional management concerns.
(2) Periodic Review:
(a) The IMU Inmate Program Committee shall
			 review each inmate assigned to an IMU or IMU status cell periodically. The
			 initial review will be conducted at 150 days after the initial placement on IMU
			 status or an IMU status cell, and then at least every 90 days, or within 30
			 days of the inmate obtaining program level four status, to determine if the
			 inmate will be retained in or re-assigned from an IMU or IMU status cell to
			 other appropriate housing.
(b)
			 Prior to the review and recommendation by the IMU Inmate Program Committee, the
			 IMU status inmate will receive notice and be allowed an opportunity to provide
			 written submission to the committee for their consideration.
(c) The IMU Inmate Program Committee shall
			 submit a written recommendation to either retain or reassign an inmate from IMU
			 or an IMU status cell to the Office of Population Management Administrator or
			 designee. A completed IMU 90 Day Review (CD1683) must be sent to the Office of
			 Population Management describing the reason(s) and justification for the inmate
			 to be either retained in or re-assigned from IMU or an IMU status cell.
(d) The Office of Population
			 Management Administrator or designee shall make a decision to retain the inmate
			 in IMU or an IMU status cell or assign the inmate to other appropriate housing.
			 The Office of Population Management Administrator's or designee's decision is
			 final and not subject to further review.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0040 - Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any personal
			 property, as defined in the Department of Corrections rule on Personal Property
			 Control and Disposition (Inmate), OAR 291-117, not permitted in the cell of any
			 Intensive Management Unit inmate will be properly protected in a designated
			 property room. Upon release from IMU, the inmate shall check his/her personal
			 property and sign the property sheet.
(2) Intensive Management Unit inmates will be
			 permitted to retain basic personal health items (dentures, prescribed eye wear,
			 hearing aids and approved prosthetic devices).
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 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0045 - Services, Programs and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic: The following basic programs and
			 services will be provided to all inmates in IMU unless compelling security or
			 safety reasons dictate otherwise.
(a) Food:
(A) Except when under special diet
			 specifically prescribed by the medical officer, each IMU inmate shall receive
			 food prepared in accordance with the Department of Corrections rule on Food
			 Service Programs, OAR 291-061.
(B)
			 Food will be delivered to each inmate in his/her cell by a staff member.
(C) Food shall never be used as
			 punishment.
(D) Intensive
			 Management Unit inmates who intentionally misuse food or eating utensils may be
			 subject to the provisions of the department's rule governing Controlled
			 Feeding, OAR 291-083.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 55 - INTENSIVE MANAGEMENT UNIT › Section 291-055-0050 - Forfeiture/Deprivation of Service or Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Intensive Management Unit inmate may
			 be required to forfeit or be temporarily deprived of any service or activity
			 when the inmate is using them to destroy or damage property, obstruct security,
			 or threatens physical violence to self or others. If an inmate is using any
			 service or activity for self destruction, that service/activity may be
			 temporarily removed upon order of the IMU manager or designee. Any item(s)
			 withheld shall be returned at the earliest possible time when the basis for
			 removal has ceased to exist. A written report documenting the action will be
			 forwarded to the functional unit manager or designee.
(2) Services and activities may be forfeited
			 or deprived as a result of a disciplinary sanction in accordance with the
			 Department of Corrections rule on Prohibited Inmate Conduct and Processing
			 Disciplinary Actions, OAR 291-105.
(3) Additional programs and services will
			 depend on the inmate's adjustment and adherence to department rules and
			 Intensive Management Unit regulations. Programs and services outlined in this
			 rule denote eligibility only, they do not guarantee program and service
			 delivery. Staff and facility resources may determine frequency and duration of
			 approved inmate activity.
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 58 - STRUCTURED, INTERMEDIATE SANCTIONS › Section 291-058-0010 - 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 1993 Or Laws, ch 680, 1997 Or
			 Laws, ch 525, ORS 137.592,
			 137.593,
			 137.595,
			 144.104,
			 144.106,
			 144.108,
			 144.600,
			 144.615,
			 179.040,
			 421.168,
			 421.510,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish a uniform system of administrative sanctions to address violation
			 behavior of offenders or inmates under supervision while on probation, parole,
			 post-prison supervision, or leave that may be imposed by the Department of
			 Corrections or a county community corrections agency, taking into consideration
			 the severity of the violation behavior, the prior violation history, the
			 severity of the underlying criminal conviction, the criminal history of the
			 offender, protection of the community, deterrence, the effective capacity of
			 the state prisons and local correctional facilities, and the availability of
			 appropriate local sanctions.
(3)
			 Policy:
(a) It is the policy of the
			 Department of Corrections to compel compliance with the conditions of
			 supervision by responding to violations with swift, certain, and fair
			 interventions. It is the policy of the Department of Corrections that decisions
			 to incarcerate offenders for violation of the conditions of supervision must be
			 made upon a systematic basis that will ensure that available custodial space is
			 used to house those offenders who constitute a threat to the public, taking
			 into consideration the availability of custodial space and local resources.
(b) It is the policy of the
			 Department of Corrections to provide, in conjunction with the Board of Parole
			 and Post-Prison Supervision in accordance with ORS
			 144.106,
			 144.346, and OAR 255-075 (Board
			 of Parole and Post-Prison Supervision administrative rules) specific direction
			 for department and county community corrections agency employees to follow when
			 considering administrative sanctioning options for offenders under
			 supervision.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 58 - STRUCTURED, INTERMEDIATE SANCTIONS › Section 291-058-0030 - Application to Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules shall apply to all offenders on probation for a felony committed on or
			 after September 1, 1993, unless the court retained jurisdiction.
(2) These rules shall apply to offenders on
			 probation for a felony committed prior to September 1, 1993, if:
(a) The sentencing judge orders the offender
			 to be subject to the structured, intermediate sanctions sanctioning process;
			 and
(b) The offender consents in
			 writing or on the record to be subject to the structured, intermediate
			 sanctions sanctioning process.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 58 - STRUCTURED, INTERMEDIATE SANCTIONS › Section 291-058-0046 - Imposition of Administrative Sanctions/Interventions on Short-Term Transitional Leave Inmates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The process
			 to impose administrative sanctions or interventions on inmates on short-term
			 transitional leave shall be the same as for offenders on probation, parole,
			 post-prison supervision, and compact cases with the restrictions listed in
			 subsections (2) through (3) below.
(2) If an inmate does not consent to the
			 administrative sanctions or interventions imposed by the officer, the officer,
			 as soon as practicable but within five days, shall report the violation to the
			 Assistant Director of Community Corrections or designee in accordance with the
			 department's rule on Short-Term Transitional Leave, Emergency Leave, and
			 Supervised Trips; specifically OAR
			 291-063-0160.
(3) If the indicated level of sanction
			 response is considered to be insufficient to address the seriousness of the
			 violation behavior, a higher level of sanction, up to and including revocation
			 of short-term transitional leave and returning the inmate to a Department of
			 Corrections facility, may be imposed only after consultation and agreement of
			 the Assistant Director of Community Corrections or designee. For revocation of
			 short-term transitional leave recommendations submitted under this section,
			 officers shall use the process outlined in OAR
			 291-063-0160.
Tables referenced are not included in rule text.
Click here for PDF copy of
				  table(s)
.]
Statutory/Other Authority: ORS
				  137.595,
				  179.040,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.595,
				  179.040,
				  421.168,
				  423.020,
				  423.030 &
				  423.075