reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 61 - FOOD SERVICES PROGRAMS › Section 291-061-0310 - Refrigeration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All readily
			 perishable food shall be kept at or below 45 degrees Fahrenheit except when
			 being prepared or served. Readily perishable foods shall be placed in shallow
			 containers under refrigeration until cooled below 45 degrees Fahrenheit. When
			 cooled below 45 degrees Fahrenheit, they may be stored in deep containers. Food
			 stored, handled, or otherwise cared for in non-compliance with these
			 regulations shall not be served. Except for rapid cooling processes, all
			 refrigerated foods shall be covered and identified by name and date.
(2) Frozen foods shall be maintained in a
			 frozen state and thawed immediately prior to preparation in a manner that
			 minimizes microbial growth.
(3)
			 Waste water from refrigeration equipment shall be disposed of in a manner that
			 does not create a nuisance.
(4) A
			 dependable spirit stem thermometer shall be affixed to the door or the front
			 edge of the top shelf of each refrigerator. Refrigerators equipped with a gauge
			 visible from the exterior shall be acceptable. Temperatures of all refrigerator
			 units and freezers will be checked and logged twice daily.
(5) All ice used shall be made on site from
			 potable water or obtained from sources licensed and inspected by the State
			 Department of Agriculture. Ice shall be stored and handled in such a way as to
			 prevent contamination Water used to make ice or to wash ice shall comply with
			 the standards required under Water Supply (OAR
			 291-061-0280).
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0100 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 421.500 to
			 421.512,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish special alternative incarceration programs and establish department
			 policy and procedures for the program's operation and management in accordance
			 with ORS 421.500 to
			 421.512.
(3) Policy: Within the inherent limitations
			 of resources, and the need to maintain facility security, internal order, and
			 discipline, and the health and safety of staff, adults in custody, and the
			 public, it is the policy of the Department of Corrections to discharge its
			 statutory responsibilities to establish alternative incarceration programs by
			 creating and operating programs that promote rehabilitation during
			 incarceration and reduce the risk of continuing criminal conduct when the adult
			 in custody is returned to the community.
Statutory/Other Authority: ORS
				  179.040,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.500 -
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of the Department of
			 Corrections who is not on parole, post-prison supervision, or probation status.
			 For the purposes of these rules, AIC includes individuals who are in DOC's
			 legal custody but are temporarily outside of DOC's physical custody for reasons
			 that include, but are not limited to, court proceeding, medical appointments,
			 work assignments, programs, or interstate compact. AIC also includes
			 individuals who have been released onto STTL, Non-prison leave, or emergency
			 leave.
(2) Alternative
			 Incarceration Program (AIP): A highly structured corrections program that
			 includes intensive interventions, rigorous personal responsibility and
			 accountability, and service to the community.
(3) Custody Cycle: The time period during
			 which an offender begins incarceration with the Department of Corrections and
			 is under the supervision of community corrections until discharge from all
			 Department of Corrections and community corrections incarceration and
			 supervision.
(4) Other Charges: Any
			 criminal or civil accusatory instrument that alleges wrongdoing and for which a
			 person may be imprisoned or incarcerated.
(5) Nonprison Leave: A period of leave not to
			 exceed 90 days preceding an established release date granted to AICs
			 successfully completing the institution phase of an AIP. Nonprison leave is
			 designed to provide AICs with transitional opportunities that promote
			 successful reintegration into the community and is granted in accordance with
			 ORS 137.750,
			 137.751,
			 421.508, and
			 421.510, and the department's
			 rules on Alternative Incarceration Programs (OAR 291-062).
(6) Revocation Hearing: A hearing to
			 determine whether there is probable cause to believe the adult in custody has
			 violated one or more conditions of nonprison leave, whether there are reasons
			 or circumstances that warrant the adult in custody be returned to the
			 Department of Corrections, or both.
(7) Term of Incarceration: The period of
			 commitment to the legal and physical custody of the department imposed by a
			 sentencing court in a judgment. For purposes of these administrative rules,
			 "term of incarceration" includes pre-sentence incarceration credit granted to
			 an AIC by the department under ORS
			 137.370, as well as any time an
			 AIC spends on short-term transitional leave under ORS
			 421.168 or nonprison leave under
			 ORS 421.510.
Statutory/Other Authority: ORS
				  179.040,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0120 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Corrections has established and operates alternative incarceration programs.
(a) Alternative incarceration programs may
			 encompass intensive cognitive programming, intensive addictions treatment, or a
			 combination of the two.
(b) Each
			 alternative incarceration program is a minimum of 270 days in duration and
			 includes two components: a structured institution program and a period of
			 structured nonprison leave.
(c)
			 Each alternative incarceration program requires its participants to engage in a
			 minimum of 14 hours per day of highly structured routine, seven days per week
			 for the duration of the program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0130 - Adult in Custody Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department will identify AICs who are eligible to participate in
			 alternative incarceration programs. To be eligible to participate in the
			 program, an AIC must:
(a) Be sentenced to the
			 legal and physical custody of the department and be subject to a term of
			 post-prison supervision upon satisfaction of a term of physical confinement in
			 a Department of Corrections facility;
(b) Be at least 18 years of age at the time
			 of entry into the program, or may be under 18 years of age and have been
			 convicted of a crime upon remand from juvenile court; and
(c) Be assigned Level 1 or Level 2 in
			 accordance with the department's rules on Classification (AIC) (OAR 291-104)
			 and have no more than 36 months to serve at the time of program
			 entry.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0140 - Adult in Custody Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department in its discretion may accept an eligible AIC into an alternative
			 incarceration program based on its determination that the AIC's participation
			 in such a program is consistent with the safety of the community, the welfare
			 of the AIC, the program objectives and the rules of the department.
(2) An AIC will not be accepted into an
			 alternative incarceration program unless the AIC submits a written request to
			 participate.
(a) The request must contain a
			 statement signed by the applicant providing that the AIC:
(A) Is physically and mentally able to
			 withstand the rigors of the program; and
(B) Has reviewed the alternative
			 incarceration program descriptions provided by the department and agree to
			 comply with each of the requirements.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0160 - Alternative Incarceration Program Prison Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To the extent that other Department of
			 Corrections rules may conflict with provisions in these rules (OAR
			 291-062-0100 to
			 291-062-0160), such rules are
			 inapplicable to alternative incarceration programs and are modified as provided
			 below to reflect the purposes of alternative incarceration programs and the
			 relatively short period of confinement.
(2) Modified Rules:
(a) Hygiene, Grooming and Sanitation (AIC)
			 (OAR 291-123) and Personal Property (AIC) (OAR 291-117): The functional unit
			 managers in the facilities where alternative incarceration programs are
			 provided may establish separate and distinct standards for personal grooming
			 and hygiene as a means to support program goals. Commissary operations and
			 purchases, food services and educational requirements for participants may be
			 modified by those facilities where alternative incarceration programs are
			 offered as a means of supporting program goals. Each facility may develop
			 internal processes for staff and AICs outlining the applicable requirements or
			 restrictions specific to these programs.
(b) Performance Recognition and Award System
			 (PRAS) (OAR 291-077): AICs assigned to an alternative incarceration program
			 will receive a standard number of points for their PRAS award as determined by
			 the department for work and program participation. AICs are eligible for
			 special recognition awards pursuant to the department's rules on Performance
			 Recognition and Award System.
(c)
			 Mail (AIC) (OAR 291-131): AICs participating in an alternative incarceration
			 program may not be allowed to correspond with AICs housed in general population
			 at the facility where the program is operating.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0165 - Nonprison Leave Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For alternative incarceration program participants who violate their conditions
			 of nonprison leave, administrative sanctions or interventions, including
			 revocation of nonprison leave, may be imposed in accordance with the
			 department's rules on Structured, Intermediate Sanctions (OAR 291-058) and the
			 department's rules on Leave Revocation Hearings (OAR 291-066).
(2) Revocation of Nonprison Leave
(a) If, pursuant to OAR
			 291-058-0047, an officer
			 believes that an adult on leave has violated a condition of nonprison leave and
			 recommends revocation of nonprison leave under OAR
			 291-058-0047(5)
			  after consultation and agreement of the
			 institution functional unit manager or designee, the adult on leave shall be
			 subject to immediate return to a Department of Corrections facility and subject
			 to a hearing as provided in the department's rule on Leave Revocation Hearings
			 (OAR 291-066). An AIC found in violation of a nonprison leave condition, may be
			 subject to revocation and immediate return to a Department of Corrections
			 institution following the procedures provided in the department's rules on
			 Leave Revocation Hearings (OAR 291-066.) Upon return to a Department of
			 Corrections institution the AIC also may be subject to other sanctions in
			 accordance with the Department of Corrections rules on Prohibited Conduct and
			 Processing Disciplinary Actions (OAR 291-105).
(A) If the adult on leave's whereabouts are
			 unknown, it shall be the responsibility of the supervising officer to
			 immediately submit a warrant request in writing to the institution functional
			 unit manager or designee. A warrant will be issued in accordance with the
			 Department of Corrections policy. Upon apprehension, it shall be the
			 responsibility of the supervising officer to report the alleged violation and
			 recommended sanction in writing to the institution functional unit manager or
			 designee.
(B) If the adult on
			 leave's whereabouts are known and the violation is believed to support a
			 revocation of the nonprison leave, it shall be the responsibility of the
			 supervising officer to report the alleged violation in writing to the
			 institution functional unit manager or designee within five working days of the
			 alleged violation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0170 - Release onto Post-Prison Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For AICs serving a sentence for a crime
			 committed prior to January 1, 2009, upon successfully conforming to directed
			 activities while on nonprison leave, the AIC shall be released to post-prison
			 supervision.
(2) For AICs serving a
			 sentence for a crime committed on or after January 1, 2009, the AIC shall be
			 released to post-prison supervision only if all of the following requirements
			 are met:
(a) The sentencing court has ordered
			 in a judgment that the department may consider the AIC for release to
			 post-prison supervision;
(b) The
			 AIC has served at least one year of the term of incarceration imposed by the
			 sentencing court;
(c) The AIC's
			 release would not reduce the term of incarceration imposed by the court the AIC
			 would otherwise be required to serve by more than 20 percent, minus any earned
			 time credits; and
(d) The AIC has
			 successfully conformed to directed activities while participating in the
			 nonprison leave component of the program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0005 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0010 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0016 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0030 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0036 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0040 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0050 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0060 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0100 - Short-Term Transitional Leave - 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,
			 421.168,
			 423.020,
			 423.030, and
			 423.075
(2) Purpose: To provide uniform procedures,
			 standards, and guidelines for granting or denying short-term transitional
			 leave, to establish supervision standards for such leaves, to provide
			 procedures for sanctioning violations of short-term transitional leave
			 conditions, including revocation of short-term transitional leave.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to authorize short-term transitional leave from correctional
			 facilities for eligible adults in custody (AICs) when circumstances indicate
			 leave would be in accordance with generally accepted correctional and
			 rehabilitation practices and enough time exists to prepare an appropriate
			 transitional leave release plan as determined by the releasing
			 authority.
(b) These rules do not
			 apply to AICs who are:
(A) Releasing from a
			 DOC facility with no subsequent post-prison supervision; or
(B) Housed in an Oregon Youth Authority
			 facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0130 - Duration of Short-Term Transitional Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC who is sentenced on or after
			 January 1, 2018, may be eligible for a period of short-term transitional leave
			 of up to 120 days.
(2) An AIC who
			 is sentenced on or after August 1, 2013, and prior to January 1, 2018, may be
			 eligible for a period of short-term transitional leave of up to 90
			 days.
(3) An AIC who is sentenced
			 prior to August 1, 2013, may be eligible for a period of short-term
			 transitional leave of up to 30 days.
Statutory/Other Authority: ORS
				  179.040,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.168,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0140 - Approval of Short-Term Transitional Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Short-term transitional leave may be
			 granted for an AIC releasing from any Department of Corrections facility or
			 county facility with proper approval of the releasing authority.
(2) Transitional Leave Release Plan:
(a) Designated employees shall initiate the
			 short-term transitional leave process by identifying eligible AICs.
(b) Designated employees, in conjunction with
			 the county of supervision, shall assist eligible AICs in preparing a
			 transitional leave release plan.
(c) The county of supervision shall
			 investigate and respond to a transitional leave release plan within 45 days of
			 receipt of the plan.
(d) The county
			 of supervision must support the AIC's release to short-term transitional
			 leave.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-0160 - Violations of Short-Term Transitional Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sanctions may be imposed at the local
			 level in accordance with OAR
			 291-058-0046 if:
(a) The supervising officer determines that
			 the violation can appropriately be addressed; and
(b) The AIC admits the violation and accepts
			 the sanction.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-1000 - Emergency Leave and Supervised Trips - 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,
			 421.166,
			 423.020,
			 423.030, and
			 423.075
(2) Purpose: To provide uniform procedures,
			 standards, and guidelines for granting or denying emergency leave or supervised
			 trips and to establish supervision standards for such leaves.
(3) Policy: It is the policy of the
			 Department of Corrections to allow inmates emergency leave or supervised trips
			 from department facilities when circumstances indicate a leave or supervised
			 trip would be in accordance with generally accepted correctional and
			 rehabilitation practices.
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-1010 - Definitions for OAR 291-063-1000 to 291-063-1040

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of Corrections Facility: Any
			 institution, facility or staff office, including the grounds, operated by the
			 Department of Corrections.
(2)
			 Emergency Leave: A leave of ten days duration or less within the state for the
			 specific purposes listed in OAR
			 291-063-1020(3)
			 where the inmate is expected to return to the releasing facility.
(3) Enter Parole/Probation Record (EPR): A
			 record on the Law Enforcement Data System (LEDS) which identifies an inmate who
			 is in the community on parole, probation, post-prison supervision, short-term
			 transitional leave, nonprison leave, or emergency leave exceeding five days.
(4) Functional Unit Manager: Any
			 person within the Department of Corrections who reports to the Director, Deputy
			 Director, an Assistant Director, or administrator and has responsibility for
			 the delivery of services or coordination of program operations.
(5) Immediate Family Member: Spouse, domestic
			 partner, parent, sibling, child, aunt, uncle, niece, nephew, grandchildren and
			 grandparents, including foster, in-law, and step relationships. Immediate
			 family also includes the caregiver of the inmate's minor child.
(6) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole, post-prison supervision,
			 or probation status.
(7) Supervised
			 Trip: Any non-routine trip outside a Department of Corrections facility within
			 the State of Oregon that is supervised by an employee of the Department of
			 Corrections or a person authorized to supervise or maintain custody of persons
			 outside of correctional facilities.
Stat. Auth.: ORS
				  179.040,
				  421.166,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS ORS
				  179.040,
				  421.166,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-1020 - Emergency Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Emergency
			 leave may be granted by any Department of Corrections facility with proper
			 approval of the functional unit manager or designee. The same eligibility
			 requirements that apply to short-term transitional leave in OAR
			 291-063-0120 also apply to
			 emergency leave, except that persons incarcerated for parole or post-prison
			 supervision revocation sanctions are not eligible for short-term transitional
			 leave. However, such persons are eligible for emergency leave pursuant to ORS
			 421.166.
(2) Application:
(a) The inmate may apply for a leave by
			 filling out an appropriate request and submitting it to the assigned counselor
			 or designated staff member.
(b)
			 Requests must be submitted in sufficient time for staff to review and verify
			 the information provided.
(c)
			 Counselors or designated staff members will verify the information given and
			 submit the necessary documentation and any other relevant information for the
			 releasing authority.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-1030 - Supervised Trips

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Supervised
			 trips may be granted from any Department of Corrections facility with proper
			 approval of the functional unit manager or designee.
(2) Application:
(a) An inmate may apply for a supervised trip
			 by directing an appropriate supervised trip request to his/her assigned
			 counselor or designated staff member. Except for the purpose of attending a
			 private viewing before or after a funeral or bedside visits, these requests
			 should be submitted no more than 15 and no less than seven working days in
			 advance of the supervised trip date.
(b) The counselor or designated staff member
			 will verify the information and submit the request and other relevant
			 information to the functional unit manager.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 63 - SHORT-TERM TRANSITIONAL LEAVES, EMERGENCY LEAVES, AND SUPERVISED TRIPS › Section 291-063-1040 - Warrants

Current through Register Vol. 63, No. 7, July 1, 2024
Issuing Warrants:
(1)
			 Supervising officers will notify the functional unit manager or designee
			 regarding an inmate's unauthorized departure whenever an inmate makes
			 him/herself unavailable for supervision.
(2) The functional unit manager or designee
			 will ensure a warrant is issued if the circumstances and facts so
			 justify.
Stat Auth: ORS
				  179.040,
				  421.166,
				  423.020,
				  423.030, and
				  423.075
Stats. Implemented: ORS
				  179.040,
				  421.166,
				  423.020,
				  423.030, and
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0010 - 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 ORS
			 179.040,
			 423.020,
			 423.030,
			 423.075 and
			 430.021.
(2) Purpose: The purpose of this rule is to
			 establish Department of Corrections policy and procedures for the
			 administration of psychotropic medications to inmates in Department of
			 Corrections facilities.
(3) Policy:
			 When psychotropic medications are recommended for treatment of mental
			 disorders, the prescribing practitioner will attempt to obtain the inmate's
			 informed consent. In all situations involving involuntary medication, the
			 principles of good professional practice will prevail. For involuntary
			 medication to be approved, it must be demonstrated that the inmate has a mental
			 disorder and as a result of that disorder there exists a likelihood of serious
			 harm to the inmate, others or property; or the inmate is gravely disabled, and
			 that the treatment is in the inmate's medical interest.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department:
			 Oregon Department of Corrections.
(2) Emergency: An immediate and serious
			 danger to life or health.
(3)
			 Facility: Any facility operated by the Department of Corrections in which
			 inmates in the physical custody of the department reside.
(4) Gravely Disabled: A condition in which an
			 inmate, as a result of a mental disorder, manifests a deterioration in routine
			 functioning evidenced by repeated and escalating loss of cognitive or
			 volitional control over behavior which creates a danger of serious physical
			 and/or psychological harm to the inmate and/or serious physical injury to
			 others.
(5) Guardian: A person
			 appointed by a court of law to act as the guardian of a legally incapacitated
			 person.
(6) Independent Examining
			 Physician: A physician who shall be board certified in psychiatry, shall have
			 been subjected to review by the Health Services Division Clinical Medical
			 Director as to his/her qualifications to make such an examination, and shall
			 have participated in a training program in the meaning and application of the
			 provisions of this rule. The independent examining physician shall not be an
			 employee of the Department of Corrections.
(7) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole or post-prison
			 supervision status.
(8) Legally
			 Incapacitated: A person who has been found by a court of law to be unable,
			 without assistance, to properly manage or take care of their personal
			 affairs.
(9) Likelihood of Serious
			 Physical Injury: A substantial risk that an inmate will inflict serious
			 physical injury:
(a) Upon the inmate, as
			 evidenced by recent threats or attempts to commit suicide or self-inflicted
			 physical injury; or
(b) Upon
			 another, as evidenced by recent behavior which has caused such harm or has
			 placed another person in reasonable fear of sustaining such injury;
			 or
(c) Upon self or another by
			 means of damaging property, as evidenced by recent behavior which has caused
			 such injury or has placed another person in reasonable fear of sustaining such
			 injury; or
(d) Upon the inmate,
			 another, or by damage to property, as evidenced by recent behavior or thinking
			 which, in examining the inmate's prior medical history, is associated with a
			 pattern of behaviors leading to such injury or damage.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0030 - General Policy on Obtaining Informed Consent for Administration of Psychotropic Medications

Current through Register Vol. 63, No. 7, July 1, 2024
Capacity of the Inmate to Give Informed Consent.
(1) Inmates from whom informed consent to
			 treatment with psychotropic medications is being sought shall be presumed
			 competent to give consent unless:
(a) The
			 inmate has been found to be legally incapacitated; or
(b) In the clinical opinion of the treating
			 practitioner, the inmate currently demonstrates an inability to comprehend and
			 weigh one or more factors involved in making informed consent as provided in
			 OAR 291-064-0040(1).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0040 - Procedures for Obtaining Informed Consent and Information to be Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate, or
			 the guardian of a legally incapacitated inmate, from whom informed consent to
			 administration of psychotropic medications is sought, shall be given
			 information orally and in writing as follows:
(a) The nature of the inmate's mental
			 disorder;
(b) The name and purpose
			 of the recommended medication;
(c)
			 The material risks of the recommended medication;
(d) The intended benefits of the
			 medication;
(e) The alternatives to
			 the recommended medication, if in the opinion of the treating practitioner
			 those alternatives are available and comparable in effectiveness;
(f) The predicted medical/psychiatric
			 consequences of not accepting the recommended medication; and
(g) That consent may be refused, withheld or
			 withdrawn at any time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0050 - Consent Options - Exceptions to Informed Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates deemed able to consent pursuant
			 to OAR 291-064-0030 may:
(a) Consent to voluntary
			 administration;
(b) Withhold
			 consent for up to 48 hours for the purpose of obtaining additional
			 information;
(c) Refuse consent;
			 or
(d) At any time withdraw consent
			 previously given.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0060 - Emergency Administration of Psychotropic Medications without Informed Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An emergency
			 that is sufficient to allow the administration of psychotropic medications
			 without informed consent exists, if in the opinion of the treating
			 practitioner, an inmate has a mental disorder and as a result of that disorder:
(a) Immediate administration of psychotropic
			 medication is medically necessary to preserve the life or health of the inmate;
			 or
(b) Immediate administration of
			 psychotropic medication is medically necessary because the inmate's behavior
			 creates a likelihood of serious physical injury to the inmate or others;
			 or
(c) Immediate administration of
			 psychotropic medication is medically necessary because the inmate has:
(A) Recently damaged property and caused
			 physical injury to self or others; or
(B) Recently expressed and acted upon an
			 intent to cause serious physical injury to self or others by damaging property;
			 or
(C) Recently demonstrated
			 behavior or thinking which, in examining the inmate's prior medical history, is
			 associated with a pattern of behavior leading to such property damage or
			 physical injury to self or others.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0070 - Good Cause for Involuntary Administration of Psychotropic Medications to Inmates

Current through Register Vol. 63, No. 7, July 1, 2024
Good cause exists for recommending involuntary administration
				of psychotropic medications if, in the opinion of the treating
				practitioner:
(1) The inmate is
			 suffering from a mental disorder and as a result of the disorder:
(a) The inmate is gravely disabled;
			 or
(b) The inmate's behavior
			 creates a likelihood of serious harm to self or others; and
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0080 - Review of Treating Practitioner's Determination of Good Cause by an Independent Examining Physician

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to the involuntary administration of psychotropic medications for good cause,
			 the treating practitioner shall refer his or her recommendation for review to
			 an independent examining physician who will convene a medication review
			 hearing.
(2) The hearing may be
			 held no more than ten days after the treating practitioner submits a
			 determination that good cause exists.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0090 - Notice of Hearing Required

Current through Register Vol. 63, No. 7, July 1, 2024
Inmates subject to the involuntary administration process shall
				be given written notice at least 24 hours in advance of the hearing by the
				independent examining physician. The notice shall include:
(1) The date and time of the
			 hearing;
(2) The inmate's
			 diagnosis;
(3) A statement of the
			 clinical basis for the diagnosis;
(4) A statement of the clinical basis for the
			 determination that involuntary administration of psychotropic medications is in
			 the inmate's medical interest; and
(5) An explanation of the inmate's
			 rights.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0100 - Inmate Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmate
			 rights during the hearing process include:
(a) The right, upon request, to discontinue
			 emergency medications administered pursuant to OAR
			 291-064-0060 for 24 hours
			 preceding the hearing and until the hearing adjourns;
(b) The right to be present during the
			 hearing;
(c) The right to be heard
			 in person and to present documentary evidence;
(d) The right to present testimony through
			 witnesses and to cross-examine witnesses that are called by the
			 Department;
(e) The right to an
			 advisor to assist in the articulation and presentation of the inmate's argument
			 at the hearing;
(f) The right to
			 the creation of a record of the hearing;
(g) The right to appeal the decision of the
			 independent examining physician to the chief medical officer as provided in
			 this rule; and
(h) The right to
			 retain counsel for the hearing at his/her own expense.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0110 - Scope of Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 independent examining physician shall:
(a)
			 Review the inmate's treatment record, including the records of efforts made to
			 obtain informed consent;
(b)
			 Discuss the matter with the inmate and witnesses;
(c) Review the evidence presented by the
			 Department upon which the recommendation for involuntary administration of
			 medications is based; and
(d)
			 Consider additional information, if any, presented at the time of the review by
			 the inmate, the advisor, the Department, or witnesses.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0120 - Determination of Independent Examining Physician

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In each hearing the independent examining
			 physician shall determine:
(a) Whether the
			 treatment record contains a sound medical diagnosis supported by sufficient
			 clinical documentation;
(b) The
			 capacity of the inmate to give informed consent as provided in OAR
			 291-064-0030;
(c) The reasons for the inmate's refusal or
			 withdrawal of consent, if the inmate has refused or withdrawn
			 consent;
(d) Whether the inmate's
			 behavior constitutes good cause for involuntary administration of psychotropic
			 medications as provided in OAR
			 291-064-0070;
(e) Whether the reasons given for rejecting
			 less intrusive procedures are medically sound; and
(f) Whether the involuntary administration of
			 psychotropic medication is in the inmate's medical interest.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0130 - Appeal of the Independent Examining Physicians Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The inmate may
			 appeal the determination of the independent examining physician in writing to
			 the facility chief medical officer within 24 hours after the determination has
			 been communicated to the inmate.
(2) Upon receipt of the inmate's request for
			 appeal, the chief medical officer shall review the appeal and the report of the
			 independent examining physician.
(3) Except in emergencies as provided in this
			 rule, medications will not be involuntarily administered until the chief
			 medical officer has decided the appeal.
(4) The chief medical officer shall approve
			 or disapprove the independent examining physician's decision within seven days
			 of receiving the inmate's request for appeal.
(5) Written notice of the chief medical
			 officer's decision on appeal shall be provided to the inmate and made part of
			 the inmate's treatment record.
(6)
			 In the absence of the chief medical officer the notice of appeal will be given
			 to the Department's clinical director who shall either decide the appeal or
			 delegate that decision to the chief medical officer of another Department of
			 Corrections facility.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030, ORS
				  423.075 & ORS
				  430.021
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 64 - INFORMED CONSENT TO TREATMENT WITH PSYCHOTROPIC MEDICATION › Section 291-064-0140 - Periodic Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 psychotropic medications are involuntarily administered pursuant to this rule,
			 the treating practitioner shall:
(a) Submit a
			 progress report to the facility chief medical officer every 30 days;
			 and
(b) Place a copy of the
			 progress report in the inmate's treatment record.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 65 - PAROLE/PROBATION OFFICER DUTIES › Section 291-065-0005 - Authority and Purpose

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
			 137.610,
			 137.630,
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 specify the duties of parole and probation officers of Department of
			 Corrections, as required by ORS
			 137.630
Stat. Auth.: ORS
				  137.610,
				  137.630,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  137.610,
				  137.630,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 65 - PAROLE/PROBATION OFFICER DUTIES › Section 291-065-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2) Offender: Any person under the
			 supervision of the Department of Corrections or a local community corrections
			 office who is on parole, probation or post-prison supervision status.
(3) Parole and Probation Officer: An employee
			 of the Department of Corrections as defined in ORS
			 181A.355(13).
Stat. Auth.: ORS
				  137.610,
				  137.630,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  137.610,
				  137.630,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 65 - PAROLE/PROBATION OFFICER DUTIES › Section 291-065-0007 - Duties and Assignments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Among the duties of the Department of Corrections parole and probation officers
			 articulated by statute are:
(a) To make
			 investigation in relation to granting, revoking or modifying parole,
			 post-prison supervision, transitional leave, local control, probation or
			 conditional release as required by the Board of Parole and Post-Prison
			 Supervision, courts or Department of Corrections;
(b) To provide supervisory services and
			 interventions to persons released on parole, post-prison supervision,
			 transitional leave, local control or probation residing in this state with the
			 goal of reducing the probability of continued criminal behavior;
(c) To keep informed concerning conduct and
			 conditions of such persons by visiting, requiring reports, and making
			 collateral contacts;
(d) To make
			 reports to the Board of Parole and Post-Prison Supervision, courts or
			 Department of Corrections as required;
(e) Cause the execution of any arrest warrant
			 on a person who is under supervision on parole, post-prison supervision,
			 transitional leave, local control or probation status; and
(f) To perform such additional duties as the
			 local state director or Department of Corrections Assistant Director of
			 Community Corrections may direct.