reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 35 - RESEARCH PROPOSALS › Section 291-035-0021 - Research Proposal Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Research Committee will consider
			 proposals to conduct research with AICs, offenders, AIC family members, or
			 department staff.
(2) The committee
			 will ensure the proposed research:
(a) Is
			 designed and identifies goals that are appropriate for a correctional setting
			 as well as aligns with the department's mission, values, and goals;
(b) Will cause minimal disruption to the
			 operations of our institutions;
(c)
			 Provides a balance between required department resources, the potential
			 benefits to the department, and determines what expenses, if any, will be borne
			 by the department;
(d) Is initiated
			 by:
(A) College or university students who are
			 under the supervision of a faculty advisor, or;
(B) Government or private agencies,
			 institutions, and individuals who have training and knowledge in research
			 methods, statistical analysis, and the dissemination of findings.
(e) Includes a research design
			 that is sufficient to test the stated hypotheses, is relevant and of importance
			 to AICs, offenders, AIC family members, department staff, the Department of
			 Corrections, the State of Oregon, or the field of corrections;
(f) Presents an adequate background, review
			 of relevant literature, reasonable goals, and measurable objectives;
(g) Presents an understandable and adequate
			 methodology, including participant selection, identification of experimental
			 variables, data collection, data analysis, and data presentation,
			 and;
(h) Integrates the
			 department's interests and considerations as enhancements to the proposed
			 research where appropriate.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 35 - RESEARCH PROPOSALS › Section 291-035-0025 - Use of Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 prohibits unauthorized use or sharing of personal identifiers and information
			 in any way that materially compromises the security, confidentiality, or
			 integrity, of personal information. Subject to the Public Information
			 disclosure requirements, the approved ERP shall treat any data received from
			 DOC as private and privileged, and will not divulge in any form to any person,
			 firm corporation or entity except on the direct written authorization of
			 DOC.
(2) Approved ERPs are
			 responsible for complying with statutory requirements regarding information
			 security in accordance with ORS
			 276A.300, ORS
			 646A.600, and DOC Information
			 Security policies 60.1.4, 60.1.5 and 60.1.6.
(3) Data collected may only be used for the
			 purpose outlined in the proposal approved by the Research Committee. Additional
			 use of the data including but not limited to other analyses, reporting, and
			 dissemination must be preapproved by the Research Committee.
(4) While the department does not prohibit
			 the approved ERP from distributing accurate data, the department may require
			 the inclusion of a disclaimer if the department is not in agreement with the
			 approved ERP's assumptions regarding the data or conclusions drawn.
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 35 - RESEARCH PROPOSALS › Section 291-035-0030 - Completion of Research Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The approved ERP shall return all data collected as part of the research to the
			 Research Committee Chair in a format acceptable to the department, unless an
			 exemption is approved by the Research Committee. Exemptions must be discussed
			 and finalized prior to the approval of research proposals.
(2) The approved ERP shall provide a copy of
			 all research reports, related manuscripts, and a two-page summary report of the
			 research findings (e.g., was the hypothesis true or not, who in the department
			 benefits from the research findings [location], and listed, relevant
			 recommendations) to the Research Committee Chair.
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 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030,
			 423.075,
			 192.318, and
			 192.324.
(2) Purpose: To establish uniform procedures
			 and guidelines for release of Department of Corrections public
			 records.
(3) Policy: It is the
			 policy of the Department of Corrections that public records maintained by the
			 department will be available to all persons, consistent with applicable laws
			 and administrative rules governing the disclosure of such records and
			 consistent with the need to protect such records, to prevent interference with
			 the regular discharge of duties and to recover fees reasonably calculated to
			 reimburse the department for its costs in making such records
			 available.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  192.318 &
				  192.324
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  192.318 &
				  192.324
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of Department of Corrections
			 who is not on parole, post-prison supervision, or probation status.
(2) Department of Corrections Facility: Any
			 institution, facility, or employee office, including the grounds, operated by
			 the Department of Corrections..
(3)
			 Employee: Any person employed full-time, part-time or under temporary
			 appointment by the department; any person under a contractual arrangement to
			 provide services to the department; any person employed by private or public
			 sector agencies who is serving under department-sanctioned special assignment
			 to provide services to department programs.
(4) Functional Unit: Any organizational
			 component within the Department responsible for the delivery of services or
			 coordination of programs.
(5)
			 Functional Unit Manager: Any person within the Department of Corrections who
			 reports to the Director, Deputy Director, an Assistant Director, or an
			 administrator and has responsibility for the delivery of services or
			 coordination of programs.
(6)
			 Offender: Any person under the supervision of the Department of Corrections or
			 a county community corrections agency who is on parole, probation, or
			 post-prison supervision status.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  192.318 &
				  192.324
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  192.318 &
				  192.324
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0015 - Requests for Department Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may request public records
			 from the department.
(2) Persons
			 requesting public records from the department must submit their request in
			 writing to the department's functional unit where the record(s) is located.
			 Additional information on submitting a record request is located on the
			 department's web site at
www.oregon.gov/doc/research-and-requests
.
			 The written request must specify the following:
(a) Name and mailing address of the person
			 requesting the public record;
(b)
			 Requester's email address and telephone number;
(c) The requested records, describing in as
			 much detail as possible the following information, as may be applicable:
(A) Subject matter;
(B) Approximate dates the records were
			 created;
(C) Names of the persons
			 involved (if an AIC, include the AIC's state identification (SID)
			 number);
(d) Instruction
			 to the department to certify copies as true copies, if necessary;
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0020 - Processing of Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The functional unit manager will
			 designate one (1) or more employees to review record(s) for release.
(2) The designated employee will process the
			 request for record(s) in accordance with the Public Records Law, codified at
			 ORS 192.311 to
			 192.478.
(3) Proper and reasonable opportunity for
			 inspection and/or copies of nonexempt record(s) will be provided, consistent
			 with security requirements at each department facility and functional unit and
			 as the circumstances warrant.
(a) The
			 department's ability to accommodate requests for in-person inspection of
			 records is subject to employee and equipment availability.
(b) The functional unit manager will
			 designate an employee to supervise inspection of nonexempt records.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 179, 183, 192 & 423
Stats. Implemented: ORS
				  179.040,
				  192.430,
				  192.440,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0035 - Fees and Payment for Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department's fees for processing and
			 making available nonexempt records include, but is not limited to employee time
			 to search, gather, review, and copy the record(s). The department fee schedule
			 is set out below:
(a) Clerical work at $25
			 per hour;
(b) Managerial work at
			 $40 per hour;
(c) Professional work
			 at $75 per hour;
(d) Copies at
			 current state printing and distribution price list;
(e) Media costs set in statewide price
			 agreement;
(f) Postage at current
			 postal rates;
(g) If the request
			 requires the department to incur additional costs for services for which no fee
			 has been established (e.g., computer time, travel, shipping costs,
			 communication costs, fees to retrieve records from archives, etc.) the actual
			 cost shall be determined by the department.
(h) Department of Justice, special attorney
			 and other applicable legal fees at the actual hourly rate charged for public
			 records related services for reviewing public records, redacting material from
			 the records or segregating the records into exempt and nonexempt records. These
			 fees shall not include time spent by the attorney advising department employees
			 regarding the application of ORS
			 192.311 to
			 192.478.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 37 - RELEASE OF PUBLIC RECORDS › Section 291-037-0040 - Fee Waiver or Reduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person requesting a fee waiver or reduction must submit their request in
			 writing to the department for consideration.
(2) The department may furnish copies without
			 charge or at a substantially reduced fee if the department determines that a
			 fee waiver or reduction in fees is in the public interest because making the
			 record(s) available primarily benefits the general public.
(3) If the department decides to furnish
			 copies at a reduced fee, it will do so in accordance with the following reduced
			 fee schedule:
(a) Clerical work at $20 per
			 hour;
(b) Managerial work at $32
			 per hour;
(c) Professional work at
			 $60 per hour;
(d) Copies at current
			 state printing and distribution price list;
(e) Media costs set in statewide price
			 agreement;
(f) Postage at current
			 postal rates;
(g) No additional
			 cost considerations will be passed on to the requester under this reduced fee
			 structure; and
(h) Department of
			 Justice, special attorney or other applicable legal fees at $75 per
			 hour.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 137.077,
			 137.079,
			 144.120,
			 144.185,
			 144.791,
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish the criteria for a uniform presentence report format for use by the
			 sentencing court and the Board of Parole and Post-Prison Supervision in
			 accordance with requirements of ORS
			 144.791. If no presentence
			 report is prepared, the Department of Corrections shall prepare a report of
			 similar content for the Board of Parole and Post-Prison Supervision in
			 accordance with ORS 144.185.
(3) Policy: The Department of Corrections
			 realizes the importance of identifying and reporting current and valid
			 information concerning convicted offenders; further, it is imperative that the
			 preparation and presentation of this information is accomplished in a standard,
			 consistent manner and meets the requirements specified in ORS
			 144.791. The presentence report
			 shall provide information such that it is a useful tool in the supervision and
			 management of the offender and in reducing future criminal conduct.
Stat. Auth.: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Victim: ORS
				137.530 defines a victim as "the
				person or persons who have suffered financial, social, psychological or
				physical harm as a result of an offense, and includes, in the case of any
				homicide or abuse of corpse in any degree, an appropriate member of the
				immediate family of the decedent."
Stat Auth: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0030 - Presentence Report - Victim Contact

Current through Register Vol. 63, No. 7, July 1, 2024
When a presentence report is made, the preparer of the report
				shall:
(1) Make a reasonable effort to
			 contact the victim and obtain a statement describing the effect of the
			 defendant's offense upon the victim. If contacting the victim directly might be
			 detrimental, and if a statement about the effect of the crime on the victim can
			 be gathered through another method, such as through a victim advocate, the
			 writer may use professional judgment in deciding how to include a victim
			 statement in the report.
(2) If the
			 victim is under 18 years of age, obtain the consent of the victim's parents or
			 guardian before contacting the victim.
(3) Include the statement of the victim in
			 the presentence investigation report.
(4) If unable to contact the victim or if the
			 victim declines to make a statement, report that he/she was unable to contact
			 the victim after making reasonable efforts to do so, or if the contact was made
			 with the victim, that the victim declined to make a statement.
(5) Before taking a statement from the
			 victim, inform the victim that the statement will be made available to the
			 defendant and the defendant's counsel prior to sentencing as required under ORS
			 137.079.
Statutory/Other Authority: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0040 - Post-Sentence Reports

Current through Register Vol. 63, No. 7, July 1, 2024
If the defendant is committed to the custody of the Department
				of Corrections without a presentence report, the Department shall prepare a
				report of similar content to the presentence report at the request of and for
				submission to the Board of Parole and Post-Prison
				Supervision.
Stat Auth: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0050 - Presentence Report Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
The presentence report is not a public record and shall be made
				available only to the court, district attorney, defendant or defendant's
				counsel, community corrections staff in the county of supervision, and the
				Board of Parole and Post-Prison Supervision.
Stat Auth: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 38 - PRE-SENTENCE REPORTS › Section 291-038-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat Auth: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.077,
				  137.079,
				  144.120,
				  144.185,
				  144.791,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 39 - RELEASE OF PUBLIC INFORMATION › Section 291-039-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: It is the purpose of this rule
			 to establish uniform procedures and guidelines for the release of information
			 to all persons including the news media. Information will be released regarding
			 the Department of Corrections programs, services, facilities, and its
			 employees, contractors, volunteers, and in-mates/offenders.
(3) Policy: It is the policy of the
			 Department of Corrections that prompt and accurate responses will be given to
			 inquiries by all persons including the news media. Information released will be
			 consistent with all laws governing the release of public information and the
			 disclosure of public records.
Stat. Auth.: ORS
				  179.040, ORS 192, ORS
				  423.020, ORS
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 39 - RELEASE OF PUBLIC INFORMATION › Section 291-039-0020 - News Media Centers During Major Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) News media centers have been established
			 in the event a major disturbance or emergency situation occurs in a Department
			 of Corrections facility. The news media centers are identified on
Exhibit
			 1
, "News Media Centers".
NOTE:
An alternate news media center will be
				established and announced if the disturbance or emergency involves or renders
				the predesignated news media center as unusable.
(2) The functional unit manager will
			 designate a news media center and notify the Communications Manager of its
			 location for any facility established after promulgation of this
			 rule.
(3) During times of a major
			 disturbance or emergency, news media representatives will be directed to report
			 to the designated news media center.
(4) The news media centers will be the only
			 areas in which briefings will be held, unless otherwise notified.
(5) The Communications Manager or the public
			 information officer will provide appropriate news briefings consistent with the
			 needs of the Department to maintain or restore order, safety, and
			 security.
(6) If space limitations
			 will not accommodate all media, a "pooling" arrangement will be established by
			 the Communications Manager wherein the functional unit will enable the
			 designated media source to provide sound and visual equipment.
The Exhibit(s) referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  179.040, ORS 192, 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 39 - RELEASE OF PUBLIC INFORMATION › Section 291-039-0025 - News Media - Reporting of Unusual Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
Instructions to Department employees regarding the reporting of
				unusual incidents are specified in the Department of Corrections policy on
				Unusual Incident Report Process (40.1.6.).
Stat. Auth.: ORS
				  179.040, 192,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: To ensure safety and security of
			 the Department of Corrections facilities.
(3) Policy: In order to maintain proper
			 control over persons under its supervision and to ensure the safety and
			 security of its facilities, it is the policy of the Department of Corrections,
			 that any person employed by or volunteering with the department or Oregon
			 Corrections Enterprises, or any person visiting or living in a Department of
			 Corrections facility may be subject to search at any time in accordance with
			 the procedures outlined in this rule.
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 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0015 - General Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 adults in custody, DOC and OCE employees, and non-employee service providers,
			 housed, working or visiting in a Department of Corrections facility will be
			 subject to search of their persons, cells or other living units, work areas,
			 vehicles, possessions, and other property in accordance with the procedures
			 provided in this rule.
(a) In addition, all
			 such persons will be subject to security inspection by means of a security
			 device such as a metal detector, if such exists.
(b) Accompanying property brought into or
			 taken out of a Department of Corrections facility by a visitor or a DOC or OCE
			 employee, or a non-employee service provider may also be subject to visual
			 and/or physical examination by staff members assigned to such duty by the
			 functional unit manager or designee, or the Department of Corrections Inspector
			 General or designee.
(c) Drug
			 detection dogs may be used to assist authorized Department of Corrections
			 personnel to detect and control contraband within Department of Corrections
			 facilities and property.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0016 - Religious Activity Areas and Religious Items

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with these rules and the rules on
Religious
				Activities
(OAR 291-143), searches of adult in custody religious
				activity areas and authorized religious or spiritual items (including hair and
				garments worn) shall be conducted in a manner that reflects an awareness of and
				sensitivity to individual religious beliefs, practices, and respect for the
				authorized objects, symbols, and hairstyles used in the religious
				practice.
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 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0017 - Adult in Custody Legal Storage Boxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Storage boxes for adult in custody legal
			 materials, whether provided by the department or purchased by the adult in
			 custody, may be inspected by staff at any time for the presence of non-legal
			 materials.
(2) Any material found
			 that fits the definition of contraband will be confiscated, except for material
			 that might also fit the definition of authorized legal material. (Refer to
			 Definitions, OAR 291-041-0010) Staff should not
			 read, copy, or retain any material that might be construed as being authorized
			 legal material (i.e. papers, folders, letters, etc.).
(3) If the inspecting staff member has reason
			 to believe the box contains materials not authorized by the DOC rule on
Property (AIC)
, OAR 291-117, as authorized legal material, the
			 staff member will seal the box and securely store it.
(a) As soon as possible, a designated staff
			 member will review the contents of the box with the adult in custody to make a
			 determination about whether or not the materials in question fit the definition
			 of authorized legal materials.
(b)
			 Unless a disciplinary report is issued, any material confiscated will be placed
			 in a sealed envelope, initialed and addressed by the adult in custody, and sent
			 out of the institution at the adult in custody's expense to a person of their
			 choosing.
(c) If a disciplinary
			 report is issued, the material will be placed in a sealed envelope, initialed
			 by the adult in custody, and placed in evidence pending the result of the
			 disciplinary hearing.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0018 - Training

Current through Register Vol. 63, No. 7, July 1, 2024
The department shall train staff assigned to supervise adults
				in custody in how to conduct cross-gender searches, and searches of transgender
				and intersex adults in custody, in a professional and respectful manner, and in
				the least intrusive manner possible, consistent with security needs.
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 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0020 - Adults in Custody

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Search of
			 adults in custody living units, work areas, other places they inhabit or
			 frequent, and their property will be conducted regularly on an unannounced and
			 unscheduled basis.
(2) An
			 inspection of each cell, room or dormitory area will occur prior to occupancy
			 by a new adult in custody.
(3) In
			 conducting searches of an adult in custody's living unit, place of work, or
			 other places frequented or inhabited, the employee conducting the search will
			 be expected to leave the search area in an orderly and neat condition. Care
			 will be exercised to ensure that authorized property is not damaged or disposed
			 of.
(4) Adults in custody may be
			 subject to search at any time; but no more frequently than is necessary to
			 control contraband or to recover stolen or missing property. However, all
			 adults in custody will be subject to a search on each occasion before and after
			 they leave a Department of Corrections facility and on each occasion before and
			 after visits, entering or exiting special housing units and before or after
			 contact with persons outside the facility.
(5) The type of search administered will
			 avoid unnecessary force, embarrassment, or indignity to the adult in custody.
			 Non-intrusive sensors and inspection devices may be used when
			 appropriate.
(6) Clothed Searches:
			 Adults in custody may be searched only by authorized Department of Corrections
			 personnel or a sworn police officer in the performance of their official duty.
			 Cross-gender clothed searches of female adults in custody will not occur unless
			 there is an emergency and shall be documented.
(7) Unclothed Searches: Unclothed searches
			 conducted by DOC staff will be of the same gender as the adult in custody,
			 unless there is an emergency, or the adult in custody has been approved for
			 unclothed searches to be conducted in accordance with OAR
			 291-210-0050(3).
			 Except in emergencies, adults in custody undergoing unclothed searches will be
			 removed to a private area for the search.
(a)
			 The facility shall document all cross-gender unclothed searches, all
			 cross-gender visual body cavity searches, and all cross-gender pat-down
			 searches of adults in custody.
(b)
			 The facility shall not search or physically examine a transgender or intersex
			 adult in custody for the sole purpose of determining the adult in custody's
			 genital status.
(c) If the adult in
			 custody's genital status is unknown, it may be determined during conversations
			 with the adult in custody, by reviewing medical records, or, if necessary, by
			 learning that information as part of a broader medical examination conducted in
			 private by a medical practitioner.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0030 - Employees, Volunteers, Contractors and Other Agency Liaison

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When to Search:
			 Except as provided in rule OAR
			 291-041-0015, a DOC employee,
			 OCE employee or non-employee service provider may be requested to submit to
			 personal search of their person, vehicle or other possessions on department
			 property only when there is reasonable suspicion that the employee, or
			 non-employee service provider is in possession of unauthorized property or
			 contraband and that the search and confiscation is necessary to substantiate
			 the suspected violation.
(2) Who is
			 Involved in the Search:
(a) Upon reasonable
			 suspicion, a functional unit manager or designee may request the security
			 manager or officer-in-charge to conduct the search of a DOC employee, OCE
			 employee, or non-emplolyee service provider, their vehicle, or other
			 possessions. The DOC employee, OCE employee or non-employee service provider
			 shall be present during the search of their vehicle or other
			 possessions.
(b) DOC or OCE
			 employees, or non-employee srevice providers will be afforded privacy during
			 the search, which will be conducted in a professional manner so as to avoid any
			 undue embarrassment or indignity to the individual.
(c) Refusal of a DOC or OCE employee to
			 submit to a reasonable suspicion search may constitute grounds for disciplinary
			 action.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0035 - Visitors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When to Search:
			 A search of a visitor will generally occur only when the visitor consents and
			 there is reasonable suspicion that the visitor is in possession of contraband,
			 and that the search and confiscation is vitally necessary to substantiate the
			 suspected violation.
(a) Consent is not
			 required when a delay or non-consent would constitute a direct and immediate
			 threat to the safety and security of the facility.
(b) Consent is not required when the search
			 is conducted pursuant to an arrest or to protect the safety of staff or other
			 persons.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 42 - URINALYSIS TESTING FOR SUBSTANCES OF ABUSE › Section 291-042-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish methods and criteria by which urinalysis testing will be conducted
			 for substances of abuse to ensure compliance with OAR
			 333-024-0360.
(3) Policy: It is the policy of the
			 Department of Correctionsto:
(a) Address the
			 presence and use of substances of abuse in its facilities to reduce or
			 eliminate use and to monitor compliance with laws through the use of urinalysis
			 testing that is accurate and reliable; and
(b) Establish criteria for urinalysis testing
			 of adults in the custody of the Department of Corrections.
(A) The department has a responsibility to
			 protect the public, to provide a safe environment for staff and adults in
			 custody, and to enforce the rules governing prohibited conduct. Substance abuse
			 presents a threat to the safety of all staff and adults in custody. Urinalysis
			 testing of adults in custody by use of random and for-cause testing criteria,
			 combined with appropriate graduated sanctions and/or treatment, is an effective
			 means of reducing substance abuse, trafficking and related violations which are
			 prohibited within Department of Corrections facilities in accordance with the
			 rule on
Prohibited Conduct and Processing Disciplinary Actions
(OAR 291-105).
(B) These measures
			 are implemented to reduce institution violence, and to the extent feasible,
			 ensure that adults in custody released from correctional facilities are not
			 abusing substances. The testing process further identifies adults in custody
			 who have continued to have a substance-abuse problem while incarcerated and
			 could be monitored more closely while on community supervision. Urinalysis
			 testing also provides a mechanism to identify those adults in custody with
			 substance abuse problems and target them for more frequent testing and
			 treatment.
(C) The department shall
			 use the same gender staff, or the gender approved by the Transgender and
			 Intersex Committee for a specific adult in custody, to administer the
			 collection of urine samples
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 42 - URINALYSIS TESTING FOR SUBSTANCES OF ABUSE › Section 291-042-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under supervision of the Department of Corrections,
			 who is not on parole, post-prison supervision, or probation status.
(2) Assistant Inspector General: The
			 department employee who oversees drug interdiction efforts and supervision of
			 substance of abuse urinalysis testing.
(3) Chain of custody: The handling of
			 specimens in a way which supports legal testimony to prove that the sample
			 integrity and identification of the sample have not been violated, as well as
			 the documentation describing these procedures from specimen collection to final
			 report.
(4) Confirmatory test: A
			 highly specific test to identify a substance of abuse or metabolite after a
			 positive screening, based on a different analytical method than that of the
			 initial screening test, at or below the cutoff concentration used for the
			 screening test.
(5) Medical status
			 report: A report that lists the names of AICs who, due to a documented medical
			 condition, may need additional time or medical assistance besides the initial
			 two-hour time period to provide a urine sample.
(6) Screening: Performing initial tests
			 designed to separate substances of abuse at a particular minimum concentration
			 from those below that minimum concentration (positive versus
			 negative).
(7) Substance of Abuse
			 (SOA): Ethanol, or other intoxicants (including marijuana) and controlled
			 substances, except those used as allowed by law and as defined in ORS Chapter
			 475 or as used in ORS
			 689.005.
(8) Substance of Abuse (SOA) Coordinator: An
			 individual appointed by the functional unit manager who is responsible for all
			 aspects of substance of abuse testing in the facility.
(9) "Substance of abuse laboratory" or "SOA
			 laboratory": A facility where initial biochemical examinations are performed on
			 a specimen for the purpose of screening for the detection of substances of
			 abuse for medical purposes or non-medical purposes by automated methods. This
			 includes licensed clinical laboratories screening for substances of abuse.
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 42 - URINALYSIS TESTING FOR SUBSTANCES OF ABUSE › Section 291-042-0011 - Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 functional unit manager of sites that are collecting urine for urinalysis
			 testing will appoint an SOA coordinator. The SOA coordinator will ensure that
			 only those persons who have successfully completed training will collect urine
			 samples. The training must be approved by the Professional Development Unit and
			 the Assistant Inspector General. The successful completion of this training
			 will be recorded in approved Department of Corrections training
			 records.
(2) The SOA coordinator
			 will ensure that Chain of Custody forms are properly filled out and retained.
			 This Chain of Custody form will be kept for the required retention period by
			 the SOA laboratory conducting confirmatory tests. The logs will contain at
			 least the following information:
(a) Name and
			 SID number of the person being tested;
(b) The substances tested for;
(c) Date and time the specimen was obtained;
			 and
(d) Person obtaining the
			 specimen.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 42 - URINALYSIS TESTING FOR SUBSTANCES OF ABUSE › Section 291-042-0015 - Urinalysis Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) AICs shall
			 furnish Department of Corrections staff with a urine sample when ordered to do
			 so. If, after receiving an order to provide a urine sample, the AIC is unable
			 to provide a urine sample, the AIC will be permitted an initial two hours to
			 provide the sample. During this time, staff will place the AIC in an area where
			 the AIC can be observed. The AIC may be offered an eight-ounce container of
			 water after the first half hour and at 30-minute intervals during this initial
			 two-hour period. If an AIC has not provided the required sample within this
			 time period and is not listed on the medical status report as being allowed
			 additional time to produce a sample, staff will proceed in accordance with the
			 department's rule on
Prohibited Conduct and Processing Disciplinary
			 Actions
(OAR 291-105).
(2)
			 After the initial two-hour period, AICs listed on the medical status report
			 will be allowed additional time if needed to provide a urine sample. The
			 following will occur:
(a) The AIC will be
			 subject to an unclothed search, be ordered to wash their hands, be provided a
			 jump suit, and be placed in a secure area that is observable by staff and that
			 does not have running water (dry cell).
(b) The AIC will be ordered to urinate only
			 in the sample bottle and to notify staff before urinating, so the collection
			 can be observed.
(c) At the
			 beginning of the second hour in dry cell status, the AIC will be offered eight
			 ounces of water and an additional eight ounces of water every hour until the
			 AIC has been given five eight-ounce containers of water. The AIC may be held in
			 dry cell status until the AIC either refuses to supply or supplies the urine
			 sample. Health Services will be notified when an AIC has been held in dry cell
			 status for 24 hours and has not yet urinated.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 42 - URINALYSIS TESTING FOR SUBSTANCES OF ABUSE › Section 291-042-0025 - Baseline Test Selection Protocol

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approximately 5% of the AIC population
			 will be picked at random by the department's Research Unit each month for
			 urinalysis testing. Random selection will be completed by a designated computer
			 program. Functional unit managers will designate employee(s) who are authorized
			 to receive and secure these lists until testing.
(2) The list shall be secured until the
			 specimens can be obtained.
(3) The
			 list shall remain "confidential" and be marked as such at all times. Only those
			 staff members designated to receive the list and those designated to collect
			 the sample will view the list. AICs are strictly prohibited from observing the
			 list at any time. AICs are strictly prohibited from entering any area where the
			 list is located.
(4) Staff will
			 draw samples from each AIC on the list within 72 hours. If a listed AIC or an
			 entire list of AICs is not tested for any reason (transferred, out-to-court,
			 staff shortage, etc.), a written explanation signed by the functional unit
			 manager or designee will be forwarded to the Salem Investigations Office within
			 72 hours from the beginning date when the samples were supposed to be
			 collected.
(5) All urine samples
			 obtained under the random testing program will be forwarded to the approved
			 contract SOA laboratory for testing.
Forms referenced are available from the
				  agency.
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 42 - URINALYSIS TESTING FOR SUBSTANCES OF ABUSE › Section 291-042-0035 - Testing Profile Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A urine specimen may be obtained by
			 department staff from any AIC, regardless of the AIC's programming when:
(a) The AIC has a history of substance
			 abuse;
(b) The AIC is going out on
			 or returning from an authorized, unescorted leave;
(c) There is suspicion that the AIC is using
			 substances of abuse;
(d) The AIC is
			 selected on a random basis to provide a urine specimen; or
(e) The AIC is assigned to a work crew
			 outside the facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The authority for this rule is granted to the Director of the Department of
			 Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 provide a method to administratively house inmates in Department of Corrections
			 facilities who:
(a) Constitute a continuing
			 or immediate threat to the safety, security, and orderly operation of the
			 facility; or
(b) Require protective
			 custody.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 46 - SEGREGATION (ADMINISTRATIVE) › Section 291-046-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrative
			 Housing: Housing separate and apart from the general population, including
			 facilities, rooms, or cells for inmates whose actions, or threats jeopardize
			 the safety, security, and orderly operation of the facility, staff, visitors,
			 or other inmates or for those inmates who require protective custody and no
			 other reasonable housing alternative is available.
(2) Administrative Hold: An involuntary or
			 voluntary temporary administrative housing assignment not to exceed 30 days by
			 order of the functional unit manager or designee only when he/she determines
			 there is sufficient evidence to believe immediate assignment is necessary to
			 protect the safety, security and orderly operation of the facility.
(3) Administrative Segregation:
			 Administrative housing for those inmates whose notoriety, actions, or threats
			 jeopardize the safety, security, and orderly operation of the facility, staff,
			 visitors, or other inmates.
(4)
			 Department of Corrections Facility: Any institution, facility, or staff office,
			 including the grounds, operated by the Department of Corrections.
(5) Inmate: Any person under the supervision
			 of Department of Corrections who is not on parole, post-prison supervision, or
			 probation status.
(6) Officer in
			 Charge: That person designated by the functional unit manager to supervise the
			 facility and make operational decisions in accordance with rule or procedure
			 during periods when the functional unit manager or officer of the day are not
			 readily available.
(7) Protective
			 Custody: Administrative housing for those inmates who consent in writing and
			 for which no reasonable housing alternative is available or for those inmates
			 who are considered by staff to require protective custody but do not volunteer
			 to sign consent for such placement.
(8) Reasonable Grounds: Information that is
			 of such credibility that it would induce a reasonably prudent person to use it
			 in the conduct of their serious affairs.
(9) Special Needs Inmate Evaluation Committee
			 (SNIEC): An institution committee that reviews, evaluates, and manages the
			 needs of special population inmates housed in the custody of Department of
			 Corrections facilities.
(10)
			 Special Population Management Committee (SPM): A committee that is composed of
			 at least three department staff to include a representative from Institution
			 Operations, Behavioral Health Services, and the Office of Population
			 Management.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075