reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Functional Unit
			 Manager: Any person within the Department of Corrections who reports to either
			 the Director, an Assistant Director or administrator and has responsibility for
			 delivery of services or coordination of operations.
(2) Industries: Department of Corrections,
			 Corrections Industries.
(3) Inmate:
			 Any person under the supervision of the Department of Corrections who is not on
			 parole, post-prison supervision or probation status.
(4) Inmate Product: Forming anew or
			 transforming (e.g., creating, producing, manufacturing, or mining) of a
			 tangible item by an inmate, and to which the inmate has added substantial
			 value.
(5) Inmate Service: Labor or
			 other services rendered directly by inmates that does not result in adding
			 substantial value to the production of a tangible item, and which may include
			 certain restoration activities, packaging, handling, dismantling, and
			 incidental processing.
(6) Prison
			 Operations and Programs: Inmate work programs, forest and work camps, farm and
			 agricultural operations and programs, food services operations and programs,
			 facility or property maintenance operations, and programs and vocational or
			 work training programs defined as follows:
(a)
			 Inmate Work Programs: The Department's programs that sell inmate services or
			 inmates products to other Department programs, other state agencies, local
			 governments, private entities or the general public;
(b) Forest and Work Camps: Forest camp
			 operations that are established and subject to the provisions of ORS
			 421.450 to
			 421.480, and work camp
			 operations established under ORS
			 421.490;
(c) Farm and Agricultural Operations and
			 Programs: Operations and programs for the production, processing, packaging,
			 sale, distribution or disposal of the Department's agricultural products or
			 by-products;
(d) Food Services
			 Operations and Programs: Operations and programs for the purchase,
			 distribution, preparation and delivery of food and food services to the
			 Department's institutions and facilities;
(e) Facility or Property Maintenance
			 Operations and Programs: Operations and programs for the maintenance,
			 janitorial, carpentry, landscaping and repair services for the Department's
			 administration buildings, institutions, offices and warehouses;
(f) Vocational or Work Training Programs:
			 Programs for the education or occupational training of inmates.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0030 - Authority and Approval of Purchases and Sales for Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Functional unit
			 managers or their designees have authority to effect and must approve the
			 purchase of property and services, sale of inmate products and inmate services,
			 and the sale of surplus property in accordance with Department of
			 Administrative Services rules governing such transactions and the Department of
			 Corrections rule on Purchasing.
(2)
			 The Inmate Work Programs Administrator or his/her designee has authority to
			 effect and must approve the purchase of property and services, the sale of
			 inmate products and inmate services, and the sale of surplus property for
			 prison operations and programs in accordance with these rules.
Stat. Auth.: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0040 - Purchases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Solicitation:
			 The Inmate Work Programs Administrator or the Fiscal Services Administrator, as
			 appropriate, or their designees must obtain no fewer than three quotes from
			 vendors, contractors, manufacturers, owners or suppliers of the subject
			 purchase or class of purchases, unless they make written findings stating:
(a) There is insufficient time to obtain
			 three or more quotes without negatively affecting the ability of a program to
			 provide timely services; or
(b)
			 Obtaining three or more quotes may negatively affect the value of the property
			 or increase the cost of the services; or
(c) The property or services are only
			 practicably available from one vendor, or a specific vendor is preferred due to
			 availability, capacity, experience, reputation, performance history or other
			 stated reasons; or
(d) The
			 selection of the particular vendor, contractor, manufacturer, owner, or
			 supplier will help achieve public policy objectives including, but not limited
			 to the promotion of emerging small, disadvantaged, minority-owned and/or
			 women-owned businesses and qualified rehabilitation facilities as defined in
			 ORS 279 .835;
(e) The requirement
			 to obtain no fewer than three competitive quotations, unless exempted based
			 upon criteria stated in (a) through (d) above, shall apply to purchases with
			 cost estimates equal to or exceeding the minimum dollar values specified by the
			 then current Department of Administrative Services Purchasing rule as requiring
			 three or more competitive quotations.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0050 - Sales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Offer: The
			 Inmate Work Programs Administrator or functional unit manager, as appropriate,
			 or their designees may offer for sale or exchange personal property, equipment,
			 inventory, or inmate services or inmate products. Offer for sale or exchange
			 may take place through retail, wholesale, barter, auction, private treaty, or
			 by any other lawful means.
(2)
			 Negotiation: The Inmate Work Programs Administrator or functional unit manager,
			 as appropriate, or their designees may sell surplus property or inmate products
			 or inmate services by negotiation. Upon identification of one or more potential
			 purchasers, the Inmate Work Programs Administrator or functional unit manager,
			 as appropriate, or their designees may negotiate an agreement setting forth the
			 substance, terms, and conditions of the sale, subject to approval by the Prison
			 Industries Board, where appropriate. (See OAR
			 291-163-0070)
Stat. Auth.: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0060 - Surplus Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Property is only "surplus property" when designated in writing as such by the
			 Inmate Work Programs Administrator or Fiscal Services Administrator, or their
			 designees who will also make written findings that such property is no longer
			 useable by or useful to a program.
(2) Trade: The Inmate Work Programs
			 Administrator or Fiscal Services Administrator, as appropriate, or their
			 designees may dispose of surplus property by trading in such property to
			 purchase like property of comparable function. The Inmate Work Programs
			 Administrator or functional unit manager, as appropriate, or their designees
			 may negotiate and execute an agreement for trade setting forth the substantive
			 terms and conditions of the trade.
(3) Sale: The Inmate Work Programs
			 Administrator or Fiscal Services Administrator, as appropriate, or their
			 designees may dispose of surplus property by sale of such property. Sale of
			 surplus property shall be conducted so as to provide the highest sale price
			 possible given market conditions and the value of the surplus property to be
			 sold. The Inmate Work Programs Administrator or functional unit manager, as
			 appropriate, or their designees may negotiate and execute an agreement for sale
			 setting forth the substantive terms and conditions of the sale.
(4) Dedicated Funds: To the extent dedicated
			 funds are used for the purchase of property, the Inmate Work Programs
			 Administrator or Fiscal Services Administrator, as appropriate, or their
			 designees will take steps to ensure that any property, cash or cash equivalent
			 received for such surplus property by trade or sale shall remain in the program
			 for which such surplus property was purchased.
Stat. Auth.: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0070 - Prison Industries Board Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Under Article I, Section 41 of the Oregon Constitution,
				"agreements with private enterprise as to state prison work programs must be
				approved by the Prison Industries Board." All such agreements obtained,
				negotiated, and executed under these rules (OAR
				291-163-0010 through
				291-163-0090) are subject to
				approval by the Prison Industries Board.
Stat. Auth.: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0080 - Agreements With Private Enterprise

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will make efforts to establish contractual
				relationships with private entities to create, establish, and expand its inmate
				work programs. Any contractual relationship between the Department and a
				private entity to jointly produce, create, mine, manufacture, or use inmate
				products or inmate services in a manner that is reasonably designed and managed
				to achieve either net cost savings in maintaining the State of Oregon's
				government operations, or a net profit for the Department's private sector
				activities will be an agreement for purposes of its private enterprise program.
				Subject to approval by the Prison Industries Board, the Inmate Work Programs
				Administrator or his/her designee shall have authority to negotiate, approve,
				and execute a contract or agreement with a private entity under its private
				enterprise program.
Stat. Auth.: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stat. Implemented: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 163 - PURCHASING - WORK PROGRAMS › Section 291-163-0090 - Application of Federal Law

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any provisions in these rules, the applicable
				federal laws, rules, and regulations shall govern if federal funds are used in
				the transaction and such laws, rules, or regulations conflict with these
				rules.
Stat. Auth.: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  179.460, ORS
				  421.305(1), ORS
				  421.310(1), ORS
				  421.440, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 164 › Section 291-164-0140

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 167 - JAIL INSPECTIONS › Section 291-167-0005 - 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 Department
			 of Corrections in accordance with ORS
			 169.070,
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: To provide coordinated state
			 services to local governments with respect to local correctional facilities and
			 juvenile detention facilities within the State of Oregon.
(3) Policy: It is the policy of the
			 Department of Corrections to designate staff within the state to:
(a) Provide technical assistance to local
			 governments in planning and operation of county correctional facilities.
(b) Inspect local facilities for
			 compliance with standards established in ORS
			 169.070,
			 169.076 to
			 169.078,
			 169.740,
			 419A.052,
			 419A.061 and
			 419B.180.
(c) Take appropriate action to insure
			 compliance as provided in ORS
			 169.080;
(d) Review plans of new construction or major
			 renovation of local correctional facilities, temporary holds, lockups and
			 juvenile detention facilities providing advisory recommendation on safety and
			 security as provided in ORS
			 169.085.
(e) Develop, publish, distribute, and
			 maintain a manual of recommended guidelines for the operation of local
			 correctional facilities, lockups, temporary holds, and juvenile detention
			 facilities as provided in ORS
			 169.090.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 167 - JAIL INSPECTIONS › Section 291-167-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Detainee: A
			 person held with no criminal charges.
(2) Juvenile Detention Facility: A facility
			 as described in ORS 419A.050 and
			 419A.052 and which includes
			 local correctional facilities and lockups where juveniles are
			 detained.
(3) Local Confinement
			 Facility: Any facility operated by local government entity for the purpose of
			 holding or lodging prisoners, detainees, or juveniles.
(4) Local Correctional Facility: A jail or
			 prison for the reception and confinement of prisoners that is provided,
			 maintained, and operated by a county or city and holds persons for more than 36
			 hours.
(5) Lockup: A facility for
			 the temporary detention of arrested persons held up to 36 hours, excluding
			 holidays, Saturdays and Sundays, but the period in lockup shall not exceed 96
			 hours after booking.
(6) Major
			 Renovation: A plan to alter a local confinement facility to the extent that
			 security, supervision of prisoners, or general operation is changed. Major
			 renovation is the restructure, or adding to any portion of a building which is
			 designed and used for confinement, that equals 50 percent of the total value of
			 that area, or 50 percent of the total square feet of space.
(7) Prisoner: A person held with criminal
			 charges or sentenced to the facility.
(8) Temporary Hold: A facility, the principal
			 purpose of which is the temporary detention of a prisoner or detainee for four
			 or less hours while awaiting court appearance or transportation to a local
			 correctional facility.
Stat. Auth.: ORS
				  169.070,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  169.070 -
				  169.750,
				  179.040,
				  419A.052,
				  419A.061,
				  419B.180,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 167 - JAIL INSPECTIONS › Section 291-167-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The state jail inspector shall provide technical assistance,
				inspection of facilities, review renovation and new construction plans for all
				confinement facilities within the state and take appropriate action to insure
				the compliance with standards established in ORS
				169.076 to
				169.078,
				419A.052 and
				419B.180.
(1) The state jail inspector will respond to
			 requests for assistance from county commissioners, sheriffs, county legal
			 counsel, mayors, chiefs of police, and city attorneys within a reasonable time
			 frame agreed upon with the requesting parties.
(2) The state jail inspector will routinely
			 inspect local confinement facilities and report his findings with respect to
			 the appropriate statutory standards to the authorities responsible for the
			 facility's operation and control.
(a) County
			 adult confinement facilities reports will be forwarded to the facility
			 director, county commissions, and sheriff of the county.
(b) Juvenile confinement facility reports
			 will be forwarded to the chair of the county commissioners, juvenile court
			 director and/or facility manager.
(c) City confinement facility reports will be
			 forwarded to chief of police, mayor and/or city manager.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0005 - 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
			 establish department policy and procedures for offender communication with
			 staff and the administration of the department's internal grievance review and
			 appeal system for offenders under the supervision of the Department of
			 Corrections.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to encourage offenders to address their concerns informally with
			 appropriate staff and managers through either dialog or informal written
			 communication.
(b) Recognizing that
			 due to the complex nature of the community corrections setting some issues or
			 disputes between staff and offenders may not be readily resolved at an informal
			 level, it is the policy of the Department of Corrections to permit and
			 encourage offenders to seek resolution of issues or disputes using the
			 department's offender grievance review and appeal system established in these
			 rules.
(c) Within the inherent
			 limitations of resources, it is the policy of the Department of Corrections
			 that all offenders be treated fairly and equitably, and that staff actions and
			 decisions be consistent with the rules, policies and procedures of the
			 department.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative
			 Directive: A term used to describe in general a Department of Corrections rule
			 or policy signed by the Director or Deputy Director.
(2) Communication: A process by which
			 information is exchanged between individuals, usually through verbal or written
			 message.
(3) Contractor: Any person
			 under contractual arrangement to provide services to the department; any person
			 employed by private or public sector agencies who is serving under department
			 sanctioned assignment to provide services or support to department
			 programs.
(4) Employee: Any person
			 employed full-time, part-time, or under temporary appointment by the Department
			 of Corrections.
(5) Deviate Sexual
			 Intercourse: Sexual conduct between persons consisting of contact between the
			 sex organs of one person and the mouth or anus of another.
(6) Grievance Coordinator: The Community
			 Corrections Division staff member responsible for communicating directly with
			 the offender about grievance related matters.
(7) Local State Director: A person within the
			 Department of Corrections who reports to the Assistant Director of Community
			 Corrections and has responsibility for managing a state community corrections
			 office within a particular county.
(8) Offender: Any person under the
			 supervision of the Department of Corrections who is on parole, probation,
			 post-prison supervision, or for the purposes of this rule only, on non-prison
			 or short-term transitional leave status.
(9) Sexual Contact: Any touching of the
			 sexual or other intimate parts of a person or causing such person to touch the
			 sexual or other intimate parts of the actor for the purpose of arousing or
			 gratifying the sexual desire of either party.
(10) Sexual Intercourse: Has its ordinary
			 meaning and occurs upon any penetration, however slight, emission is not
			 required.
(11) Volunteer: An
			 approved person who donates time, knowledge, skills and effort to enhance the
			 mission, activities and programs of the department.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0015 - Offender-Staff Communications (General Principles)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proper and effective communication
			 between offenders and staff is an essential component of community supervision.
(a) Offenders and staff communicate with each
			 other not only with their choice of words (oral or written), but also
			 non-verbally through their manner, tone, and approach (commonly referred to as
			 "body language").
(b) Offenders and
			 staff are jointly responsible for ensuring their choice of words, manner, tone
			 and approach are appropriate to properly and effectively convey their intended
			 information and ideas to one another.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0020 - Grievance Review System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Requirements:
(a) If an offender is unable to
			 resolve an issue through informal communications, the department encourages the
			 offender to seek resolution of the issue by submitting a written grievance
			 using the Offender Grievance form (CD117 CC) in accordance with these rules. As
			 with informal communications, offenders should use a civil and respectful tone
			 and manner in their written grievances to attempt to resolve the issue or
			 concern.
(b) An offender grievance
			 must include a complete description of the incident, action, or application of
			 the rule being grieved, including date and approximate time. Only supporting
			 documentation that directly relates to the issue being grieved, such as
			 official reports, action plans, etc., should be attached and submitted with the
			 grievance.
(c) An offender
			 grievance may request review of just one matter, action or incident per
			 offender grievance form.
(d) An
			 offender may submit only his/her signature on a grievance form.
(e) If an offender attempts to grieve an
			 issue by use of any written communication other than the department's approved
			 grievance form, the communication shall be returned to the offender with
			 instructions to resubmit the grievance on the department's approved grievance
			 form.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0025 - Filing a Grievance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Offender grievances must be submitted to the Community Corrections Division
			 grievance coordinator on the Offender Grievance form (CD117 CC). Instructions
			 for filing a grievance are found on the Offender Grievance Instruction form
			 (CD117a CC).
(2) To obtain a
			 grievance review, the Community Corrections Division grievance coordinator must
			 receive an offender's grievance within 30 calendar days of the date of the
			 incident giving rise to the grievance.
(a) An
			 offender may file a grievance past the 30 days of the incident if the offender
			 can demonstrate why the grievance could not be filed within the timelines
			 established by rule.
(b) Untimely
			 grievances that fail to make that showing shall be returned to the offender
			 with a statement of the rule.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0030 - Processing Offender Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon receiving an offender grievance, the grievance coordinator will assign the
			 grievance a number, date stamp, and record its receipt in an offender grievance
			 log.
(a) After the offender grievance has
			 been logged, the grievance coordinator will send a grievance receipt to the
			 offender.
(b) The grievance
			 coordinator will coordinate with the appropriate staff or, if deemed more
			 suitable, the appropriate manager by sending the grievance and a grievance
			 response form (CD 117b CC) to the staff or manager respondent for reply.
(c) The respondent will complete
			 the form and submit it to his/her manager for review and signature. The
			 response shall be returned to the grievance coordinator for processing within
			 21 calendar days.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0035 - Grievance Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appeals of
			 the Initial Grievance (First Appeal Process):
(a) An offender may appeal the initial
			 grievance response using the Grievance Appeal form (CD 117c CC). The appeal
			 must be submitted to the grievance coordinator together with the original
			 grievance, attachments and staff response(s).
(A) The scope of the original grievance
			 cannot be expanded. No additional information may be submitted unless the
			 information was unavailable to the offender at the time the original grievance
			 was filed and the information is directly related to the alleged issue being
			 grieved.
(B) After the appeal has
			 been date stamped and logged, the offender will be issued a return receipt, and
			 the grievance appeal will be forwarded to the Local State Director having
			 authority to review and resolve the issue.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0040 - Sexual Misconduct Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, sexual
			 misconduct is defined as an employee, contractor, or volunteer of the
			 Department of Corrections engaging in sexual intercourse or deviate sexual
			 intercourse with another person or penetrates the vagina, anus, or penis of
			 another person with any object other than the penis or mouth of the actor
			 knowing that the other person is:
(a)
			 Participating in a work crew or work release program; or
(b) On probation, parole, post-prison
			 supervision or other form of conditional or supervised release.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0045 - Abuse of Grievance Review System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An offender shall submit no more than two
			 initial offender grievances in any one week or six in any calendar month. This
			 will not apply to grievances regarding allegations of sexual misconduct. A week
			 is defined as Sunday through Saturday.
(a)
			 Initial grievances submitted in excess of two grievances in any one week or six
			 in any calendar month will be denied and returned to the offender, noting that
			 offender has abused the grievance review system.
(b) Grieving multiple staff involved in one
			 incident counts as filing one grievance.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS) › Section 291-171-0050 - Retention and Filing of Offender Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The grievance coordinator will retain a
			 file copy of grievances with pertinent documents, including appeals, in
			 accordance with the department's approved retention schedule for these
			 records.
(2) Offender grievances
			 will not be filed in the offender's working file.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0100 - 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,
			 421.142,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: To expand opportunities for
			 adults in custody to constructively use non-programming time to engage in a
			 positive learning experience with the possibility to earn funds for use during
			 incarceration or after release.
(3)
			 Policy:
(a) It is the policy of the
			 Department of Corrections (DOC) that program eligible adults in custody within
			 participating facilities may be allowed to create and sell or otherwise dispose
			 of items of authorized handiwork.
(b) It is the policy that the price of
			 handiwork products for sale will be market-based. ORS
			 421.405 prohibits officers and
			 employees of the state from receiving the use or profit of the labor or
			 services of any adult in custody.
(c) It is the policy that LEAP participants
			 purchase all raw materials and tools used for the creation of handiworks,
			 receive the net profits from any sales of those handiworks, and reimburse DOC
			 for state resources used in the creation of those handiworks and to operate the
			 LEAP program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0120 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A participating
			 facility shall be approved by the Assistant Director of Operations and the
			 Chief Financial Officer (CFO).
(2)
			 The FUM or designee of each DOC facility offering a LEAP program to AICs shall
			 establish a facility LEAP procedure and LEAP program participation agreement.
(a) The participation agreement will cover
			 specific program standards and protocols.
(b) The participation agreement will be
			 signed by designated staff and the participating AIC annually and kept on file
			 at the facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0130 - Program Availability, Program Eligibility, Participation Standards, Program Dismissal, and Reapplication

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Program Availability. At the discretion of each facility, an AIC at a
			 participating facility who wishes to participate in a LEAP program shall apply
			 for admission by submitting a written communication to the FUM or
			 designee.
(2) Program Eligibility.
			 In order to participate in a LEAP program, an AIC must meet the following
			 criteria:
(a) Achieve non-cash incentive
			 Level III as described in DOC rule OAR 291-077 Performance Recognition and
			 Award System.
(b) Show sufficient
			 resources are available to pay the program fee and procure needed tools and
			 materials.
(c) Demonstrate behavior
			 that is not a threat to others or to the safe, secure, and orderly operation of
			 the facility. All behavior contradicting DOC established standards may lead to
			 denied participation in a LEAP program.
(d) Sign a LEAP Program Participation
			 Agreement that lists the guidelines of participating in a LEAP program. The
			 signed agreement will be kept on file by the LEAP program supervisor.
(e) Other criteria the FUM may develop to
			 manage LEAP program availability specific to the participating facility are,
			 facility space limitation, and safety and security of the facility, as
			 stipulated in the LEAP program participation agreement.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0140 - Procurement and Management of Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) AIC LEAP participants are responsible for
			 all costs associated with operating their business, including the purchase of
			 raw materials, supplies, and tools.
(2) All raw materials, supplies, and tools
			 must be preauthorized and purchased from an approved vendor. Any supplies
			 received without prior approval will be returned at the AIC LEAP participant's
			 expense.
(3) AIC LEAP participants
			 shall not sell, trade, or otherwise dispose of raw materials, supplies, and
			 tools to another AIC LEAP participant.
(4) An up-to-date tool and material inventory
			 list shall be maintained by the LEAP program supervisor or designee and stored
			 in the AIC LEAP participant's designated storage space.
(5) Each participating facility will
			 establish protocols for property storage. Inventory storage may vary based on
			 space available at the participating facility.
Statutory/Other Authority: ORS
				  179.040,
				  421.142,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.142,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0150 - Security of Tools, Equipment, and Workspace

Current through Register Vol. 63, No. 7, July 1, 2024
(1) AIC LEAP participant control of tools and
			 equipment, including hazardous materials, shall be in accordance with the LEAP
			 participation agreement. The AIC LEAP participant shall be responsible for
			 producing written authorization for handiwork materials upon request.
(2) AIC LEAP participants may not manufacture
			 tools or equipment in DOC facilities without prior approval from the ISM or
			 designee. All approved tools manufactured will be added to the AIC LEAP
			 participant's inventory by the LEAP program supervisor or designee.
(a) All raw materials, tools, and supplies
			 purchased by an AIC LEAP participant are AIC property and subject to DOC rule
			 Personal Property (AIC) OAR 291-117.
(b) AIC LEAP participants are responsible for
			 the care and maintenance, and any costs therein, for tools and
			 supplies.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0160 - Personnel Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) LEAP
			 program staff shall retain a copy of each LEAP participation
			 agreement.
(2) Designated staff may
			 make unannounced inspections and monitor the physical area of the program, as
			 well as the program activities. Periodic review and inspection of inventories
			 may be made of tools and materials.
(3) The primary responsibility for
			 supervision of the LEAP program will be with the LEAP program supervisor. Any
			 security staff member may monitor or search program materials in accordance
			 with DOC rule Searches (Institutions) OAR 291-041.
(4) The LEAP program supervisor or designee
			 will observe and verify the content of all packages being prepared for mailing
			 or pickup.
(5) The LEAP program
			 supervisor or designee will ensure that items sent to the mail room for mailing
			 or pickup were made by the AIC LEAP participant and correspond with the AIC
			 LEAP participant's approved handicraft.
Statutory/Other Authority: ORS
				  179.040,
				  421.142,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.142,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0170 - Product Assurance and Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Product Assurance
(a) AIC LEAP participants are responsible for
			 maintaining appropriate documentation that establishes finished goods are, in
			 fact, products of legitimately acquired materials.
(b) The AIC LEAP participant is responsible
			 for ensuring accuracy of product authenticity and descriptions.
(c) It is the responsibility of the AIC LEAP
			 participant to conduct their business under full compliance with federal and
			 state laws regulating patents, copyrights, trademarks, or other intellectual
			 property rights.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION › Section 291-172-0180 - Product Sales and E-Commerce Portal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pricing and Transactions
(a) All sales must be in full compliance with
			 local, state, and federal laws, and therefore goods may not be sold outside of
			 Oregon.
(b) An AIC LEAP participant
			 may conduct sales in the community pursuant to all local, state, and federal
			 laws.
(c) It will be the
			 responsibility of the AIC LEAP participant to determine market-based pricing
			 for their products.
(d) AIC LEAP
			 participants are not allowed to make special deals or offers to
			 customers.
(e) All sales are final,
			 and no refunds will be given. Exceptions are at the discretion of the LEAP
			 program supervisor and must be approved by the FUM or
			 designee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 180 - INTERSTATE COMPACT › Section 291-180-0106 - Authority, Purpose, Policy, and Applicability

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
			 144.600,
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: These rules establish Oregon's
			 participation in the Interstate Compact for Adult Offender Supervision (ICAOS)
			 and the processing and management of offenders transferring into or out of
			 Oregon under the provisions of this compact. They provide guidance to county
			 community corrections agencies and Department of Corrections institutions
			 regarding the transfer and management of offenders sent or received from other
			 states under this compact.
(3)
			 Policy: It is the policy of the Department of Corrections to fully participate
			 in the Interstate Compact for Adult Offender Supervision in accordance with ORS
			 144.600 and comply with rules
			 lawfully promulgated by the National Interstate Commission within the inherent
			 limitations of resources.
(4)
			 Applicability: These rules apply to all offenders relocating to other states,
			 applying for or receiving interstate compact services under the Interstate
			 Compact for Adult Offender Supervision.
Stat. Auth.: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 180 - INTERSTATE COMPACT › Section 291-180-0252 - Standards for Interstate Transfer of Adult Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Corrections adopts by this reference
				standards for the interstate transfer of adult offender supervision set out in
				the official ICAOS rules, published by the Interstate Commission for Adult
				Offender Supervision, as updated to reflect amendments to the rules effective
				April 21, 2020. The rules may be viewed at the ICAOS website at
www.interstatecompact.org
.
Statutory/Other Authority:
ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented:
ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 180 - INTERSTATE COMPACT › Section 291-180-0262 - Travel Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No offenders
			 shall relocate to another state except as provided by the ICAOS rules. Travel
			 Permits may be issued for up to 30 days, with a subsequent extension of 15 days
			 in emergency situations. Offenders shall be transferred pursuant to ICAOS rules
			 if their need exceeds 45 consecutive days in another state. The offender shall
			 return and remain in Oregon pending the Interstate Compact transfer process. No
			 person shall be allowed to travel out of state for treatment or programming
			 purposes that exceeds 45 consecutive days unless they have been accepted
			 through the Interstate Compact transfer process.
(2) This rule applies retroactively to all
			 offenders relocating to other states, applying for or receiving interstate
			 compact services under the Interstate Compact for Adult Offender Supervision,
			 on or after August 31, 2011.
Stat. Auth.: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 180 - INTERSTATE COMPACT › Section 291-180-0265 - Fugitives from Justice

Current through Register Vol. 63, No. 7, July 1, 2024
Transfer investigations shall not be requested or accepted on
				offenders with outstanding warrants who are non-residents of the receiving
				state. Fugitive status is inconsistent with a proper "valid plan of
				supervision" and compliance with conditions of supervision. Exceptions may be
				granted by the Compact Administrator or their designee.
Stat. Auth.: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 180 - INTERSTATE COMPACT › Section 291-180-0274 - Application Fee for Interstate Compact Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Payment of NonRefundable Application Fee
			 Required:
(a) Offenders on probation, parole,
			 or post-prison supervision who request transfer of their supervision to another
			 state under the compact must submit a nonrefundable application fee of $50 to
			 the supervisory authority. The fee must be received by the supervisory
			 authority before the Department of Corrections will process the offender's
			 transfer request.
(b) Payment of an
			 additional application fee will not be required of offenders for processing
			 revised or subsequent requests for transfer of their supervision to the same
			 state. However, offenders who request transfer of their supervision to the same
			 state after being returned to Oregon from the receiving state from a previous
			 compact transfer, and offenders that make a subsequent request for transfer of
			 their supervision to a different state must pay a new application
			 fee.