reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0070 - Policies and Procedures as to Termination or Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policies and Procedures. A BIP may
			 release a participant based upon program compliance, or terminate participation
			 based on program non-compliance or for other reasons, as provided in sections
			 (3)-(6) of this rule.
(2) Program
			 Exit Summary. No later than 30 days after the last service contact, a BIP shall
			 prepare for the participant's record an exit summary describing the reason for
			 release or termination and the participant's status. A BIP shall provide a copy
			 of the exit summary to the LSA or MA, or both, or their designees within seven
			 business days after its preparation.
(a) In
			 communications about release based on program compliance, a BIP shall note that
			 release is not evidence that the participant is presently non-abusive or
			 non-violent, does not describe current behavior outside the BIP, and does not
			 predict future behavior.
(b) A BIP
			 shall inform the MA if the participant has complied with the MA-mandated length
			 of participation, but not completed the BIP program.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0075 - Post-Release Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service
			 Eligibility. A BIP may provide post-release services to a participant only
			 after his release for program compliance.
(2) Cost of Services. Whenever possible, a
			 BIP shall offer post-release services at little or no cost for former
			 participants to encourage long-term and on-going participation in such
			 services.
(3) Elements of Services.
			 Post-release services may include but are not limited to:
(a) Occasional attendance of the group or
			 class the former participant has left;
(b) Periodic individual meetings with BIP
			 staff to assess maintenance and to review the Accountability Plan developed
			 pursuant to OAR 137-087-0050;
(c)
			 Periodic group or class meetings of typical or extended length conducted
			 specifically for post-release men; and
(d) Regularly scheduled group or class
			 meetings on an on-going basis.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0080 - Personnel Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Personnel
			 Policies. A BIP shall adopt the following written personnel policies and
			 procedures applicable to program facilitators, managers or supervisors,
			 administrative staff, volunteers and interns, board members and owners
			 (collectively referred to as "staff" for purposes of this rule except as
			 otherwise specifically identified):
(a) Rules
			 of conduct and standards for ethical practices of staff involved in BIP
			 services with participants or contact with victims or partners;
(b) Standards for use and abuse of alcohol
			 and other drugs, and procedures for managing incidents of use and abuse that,
			 at a minimum, would be sufficient to comply with Drug Free Workplace Standards,
			  41 U.S.C. §
										701  et seq. as described in  45 CFR Part 76  Appendix
			 C;
(c) Compliance with laws
			 relating to domestic violence, sexual assault, stalking and these rules, and
			 applicable federal and state personnel regulations including the Civil Rights
			 Act of 1964 as amended, Equal Pay Act of 1963, the Age Discrimination in
			 Employment Act of 1967, Title 1 of the Americans With Disabilities Act, and
			 Oregon civil rights laws related to employment practices;
(d) Policies and procedures relating to the
			 commission of domestic violence, sexual assault, stalking or abuse by any
			 staff, and providing that the BIP shall terminate employment or volunteer
			 service for such conduct unless the BIP documents reasons for not doing so in
			 the personnel file; and
(e)
			 Policies and procedures relating to discipline of staff for misuse or
			 unauthorized disclosure of information obtained from or about participants,
			 partners or victims.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0090 - Demonstration Projects (see definition in Section 1)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Demonstration Projects. BIPs shall
			 continue to evolve and change as best practices are developed. These standards
			 are not intended to discourage innovative demonstration projects as long as
			 victim safety and participant accountability are maintained. A BIP must propose
			 to operate a demonstration project by a written request for project approval by
			 the Attorney General's BIP Advisory Committee (Advisory Committee), established
			 under OAR 137-087-0100, that addresses the following:
(a) Identification of the sections and
			 subsections in these rules that project approval would waive;
(b) Relevant research, professional
			 experience, or other credible data showing that the batterer intervention
			 method proposed for the project is an effective and appropriate means of
			 intervention, and that under no circumstances shall the project require actions
			 that shall jeopardize the safety of women, children or the community, collude
			 with the participant, or require victim participation;
(c) Expertise of the BIP to conduct the
			 proposed project and the BIP's ability to maintain such expertise for the
			 project's duration;
(d) A means,
			 independent of the BIP, for evaluating the effectiveness of the
			 project;
(e) The BIP's record, if
			 any, of conducting and completing other programs or projects for private or
			 public entities, including the BIP's record of cooperation in resolving
			 problems identified by such entities;
(f) The geographic location to be served, the
			 participating persons, agencies and organizations, and their respective roles
			 in the project; the length of time for the proposed project, subject to section
			 (3) of this rule; and expected outcomes;
(g) The involvement, if any, of
			 community-based VPs in the design and implementation of the project;
(h) Position of the LSA, MA and Council in
			 the area to be included in the project as to approval of the project;
			 and
(i) Any additional information
			 the BIP believes is relevant to deciding whether the proposal shall be
			 approved.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0095 - Program Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Review of BIP
			 Performance. An LSA and/or MA, in consultation with the Council, shall
			 periodically review the performance of BIPs located within the jurisdiction of
			 the LSA for compliance with these rules. LSAs are strongly encouraged to
			 conduct regular reviews of programs and to only refer batterers to programs
			 that are in compliance with these rules or that are working to achieve
			 compliance.
(2) Availability of
			 Records. Except for victim or partner records a BIP shall not disclose, a BIP
			 shall make records available for, and require its staff to cooperate with,
			 program review described in section (1) of this rule.
(3) Distribution of Review. If a review is
			 completed under section (1) of this rule, a copy of the review shall be
			 provided to the BIP executive director, board of directors and owners, and sent
			 by the LSA to the presiding judge and the district attorney for the county in
			 which the LSA operates.
(4) Action
			 on Recommendations. Within 90 days after receipt of the written copy of the
			 review by the BIP, the BIP shall take any corrective actions recommended by the
			 review or advise the LSA and MA in writing why the BIP does not intend to take
			 a particular corrective action. The BIP shall provide a copy of its written
			 response to the Council.
(5)
			 Grievance Policies and Procedures. Each BIP shall develop, implement, and fully
			 inform participants of grievance policies and procedures that provide for
			 receipt of written grievances from participants. The BIP shall document the
			 receipt, investigation, and any action taken as to the written
			 grievance.
(6) Complaint Procedure.
			 Any person, other than a participant, with a concern about a BIP's service
			 delivery may file a written complaint with the BIP. The BIP shall respond to
			 the complaint in writing within a reasonable period of time. In its written
			 response, the BIP shall inform the person that if he or she is not satisfied
			 with the BIP's response, the person may direct his or her complaint to the LSA
			 or the Council.
(7) The BIP
			 Advisory Committee, established in these rules, shall periodically survey BIP
			 compliance with these rules.
Stat. Auth.: ORS
				  180.070 -
				  180.710
Stats. Implemented: ORS
				  180.070 -
				  180.710
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 87 - BATTERER INTERVENTION PROGRAM RULES › Section 137-087-0100 - BIP Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General shall appoint an Advisory Committee
				composed of representatives from LSAs, BIPs and VPs, and of other members the
				Attorney General deems appropriate. At the request of the Attorney General and
				consistent with ORS 180.700, the advisory committee
				shall evaluate the operation of these standards and provide the Attorney
				General with any amendments the committee recommends, and shall evaluate
				requests for demonstration projects that require a waiver of these BIP
				rules.
Stat. Auth.: ORS
				  180.070 -
				  180.710
Stats. Implemented: ORS
				  180.070 -
				  180.710
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide standards, policies
				and procedures for the operation of the Criminal Intelligence Unit (CIU) of the
				Organized Crime Section, and to ensure compliance with 28 CFR Part
				23.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3), ORS
				  180.610(4)
				  &  28 CFR Part 23
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0010 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Criminal Intelligence unit operates under the authority of
				ORS 180.610(2), (3), and
				(4).
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3)
				  & ORS 180.610(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0020 - Abbreviations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CIU: Criminal
			 Intelligence Unit.
(2) CIUS:
			 Criminal Intelligence Unit Supervisor.
(3) CJD: Criminal Justice Division.
(4) AIC: Attorney in Charge of the Organized
			 Crime Section.
(5) CIU/AAG:
			 Assistant Attorney General assigned to the Criminal Intelligence
			 Unit.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3)
				  & ORS 180.610(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0030 - Criminal Intelligence Unit Mission

Current through Register Vol. 63, No. 7, July 1, 2024
The mission of the Criminal Intelligence Unit is to provide the
				Department of Justice and Oregon law enforcement agencies with a statewide
				criminal information base and analyses which meets their needs to protect the
				public and suppress criminal activity.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3)
				  & ORS 180.610(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0040 - Public Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Criminal
			 Intelligence Unit will comply with the the Oregon Public Records law in
			 responding to requests by members of the public for file information to the
			 extent that the law allows and to the degree the materials requested are not
			 classified according to defined restrictions on dissemination.
(2) The Criminal Intelligence Unit will
			 comply with the "Third Agency Rule" which is explained as follows: Reports and
			 other investigative material and information received by the Criminal
			 Intelligence Unit shall remain the property of the originating agency, but may,
			 subject to consideration of official need, be retained by the Criminal
			 Intelligence Unit. Such reports and other investigative material and
			 information shall be maintained in confidence, and no access shall be given
			 thereto except, with the consent of the investigative agency concerned, to
			 other departments and agencies on a right to know, need to know basis. This
			 policy also applies to individuals, groups or organizations requesting specific
			 records or material under the Freedom of Information Act or Oregon Public
			 Records Law.
(3) The originating
			 agency shall determine whether the investigative report, material or other
			 information may be released to the requestor, or whether the requestor should
			 be referred to that agency for disposition of the case. In any case, the
			 decision by the originating agency shall not be contested by the Criminal
			 Intelligence Unit.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3)
				  & ORS 192.410 et seq.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0050 - Definition of Reasonable Grounds

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, reasonable grounds means reasonable
				suspicion. Reasonable suspicion is suspicion that is reasonable under the
				totality of the circumstances. It is less than probable cause and more than
				mere suspicion.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), (3)
				  & (4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0060 - Definition of Criminal Intelligence File

Current through Register Vol. 63, No. 7, July 1, 2024
A criminal intelligence file consists of stored information on
				the activities and associations of:
(1) Individuals who:
(a) Based upon reasonable suspicion are
			 suspected of being or having been involved in the actual or attempted planning,
			 organizing, threatening, financing, or commission of criminal acts;
			 or
(b) Based upon reasonable
			 suspicion are suspected of being or having been involved in criminal activities
			 with known `or suspected crime figures.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0070 - File Content

Current through Register Vol. 63, No. 7, July 1, 2024
Only information meeting the CIU's criteria for file input will
				be stored in the criminal intelligence files. No information will be collected
				or maintained about the political, religious, racial, or social views, sexual
				orientation, associations or activities of any individual, group, association,
				organization, corporation, business or partnership unless such information
				directly relates to an investigation of criminal activities, and there are
				reasonable grounds to suspect the subject of the information is, or may be,
				involved in criminal conduct.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3) ORS
				  180.610(4), ORS
				  181.575 &  28 CFR §
											23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0080 - File Categories

Current through Register Vol. 63, No. 7, July 1, 2024
All information to be retained in the criminal intelligence
				files must meet the stated guidelines for file definition and content.
				Information will only be retained in one of three file categories as set forth
				below:
(1) Working File:
(a) The working file is the receiving phase
			 of newly acquired raw data. The CIU staff review the new materials for its
			 acceptability to the CIU's criminal intelligence system.
(b) Retention Period: The retention period is
			 thirty working days during which effort is made to determine the value of the
			 raw data and its acceptability to the CIU's criminal intelligence
			 system.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0090 - Information Input

Current through Register Vol. 63, No. 7, July 1, 2024
Information to be stored in the CIU's criminal intelligence
				file must first undergo a review for relevancy and an evaluation for source
				reliability and information validity prior to filing:
(1) Relevancy Review: Incoming information is
			 reviewed by the CIUS, or a designee of the Chief Counsel, to determine its
			 relevancy to the CIU's mission.
(2)
			 Source Reliability: The term, source, relates to the individual, group, or
			 organization providing the information to the CIU. Source reliability will be
			 determined according to the criteria set forth in
Table 1
. [Table
			 not included. See ED. NOTE]
(3)
			 Information Validity: The term, information, relates to written, oral, and/or
			 pictorial materials provided to the CIU by the individual, group, or
			 organization. Information validity will be determined according to the criteria
			 set forth in
Table 2
. [Table not included. See ED. NOTE]
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3), ORS
				  180.610(4)
				  &  28 CFR sec. 23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0100 - Information Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General: In order to protect sources, investigations and individual rights to
			 privacy, information retained in the CIU's criminal intelligence file is
			 classified to indicate the degree to which it must be kept secure. Many
			 documents received by the CIU have classifications assigned to them by the
			 senders. In such cases, CIU personnel must take care to review and to assign
			 levels of security classification not below that given by senders. The
			 classification of criminal intelligence information is subject to continual
			 change. The passage of time, the conclusion of investigations, and other
			 factors may affect the security classification assigned to particular
			 documents. Documents within the intelligence files should be reviewed on an
			 ongoing basis to ascertain whether a higher or lesser degree of document
			 security is required and to insure that information is released only when and
			 if appropriate.
(2) Classification:
			 Criminal intelligence information is classified according to the following
			 system:
(a) Sensitive:
(A) The classification, sensitive, is
			 assigned by the contributor agency or by the CIUS in consultation with the
			 Chief Counsel, Attorney-in-Charge of the Organized Crime Section or the Chief
			 Investigator and is given only to documents which relate to:
(i) Information pertaining to significant law
			 enforcement cases currently under investigation;
(ii) Public Corruption;
(iii) Informant identification
			 information;
(iv) Criminal
			 intelligence reports which require strict dissemination and release
			 criteria;
(v) Documents which have
			 been designated sensitive by another law enforcement agency;
(vi) A document bearing this classification
			 cannot be disseminated without the approval of the contributor agency. When the
			 Oregon Department of Justice is the contributor agency, a document bearing this
			 classification cannot be disseminated without the approval of the Chief
			 Counsel, Attorney-in-Charge of the Organized Crime Section or the Chief
			 Investigator.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0110 - Information Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
To the extent possible, all criminal intelligence maintained in
				CIU files must display the names and phone numbers of persons and agencies
				providing the information. When anonymity is requested by a contributor, a
				contributor code number may be used. All contributor code numbers will be
				provided and retained by the CIUS. When a contributor's name identification is
				difficult to obtain, it will suffice to describe the contributor in general
				terms. All information obtained from the public domain will be identified by
				document name, date and page number. In addition to identifying the source, the
				manner in which the source obtained the information is
				described.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3), ORS
				  180.610(4)
				  &  28 CFR §
											23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0120 - Quality Control

Current through Register Vol. 63, No. 7, July 1, 2024
Information stored in the CIU's criminal intelligence file will
				undergo a review by the CIUS, or a designee of the Chief Counsel, for
				compliance with the law and with the standards, policies, and procedures of
				this chapter before its entry into the file. The CIU/AAG shall provide legal
				oversight and advice to CIU personnel in all matters involving the CIU to
				insure compliance with federal and state law.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3), ORS
				  180.610(4), ORS
				  181.575 &  28 CFR §
											23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0130 - Dissemination

Current through Register Vol. 63, No. 7, July 1, 2024
Criminal intelligence information is disseminated only to
				personnel of criminal justice agencies and only on a "right to know" authority
				and "need to know" responsibility.
(1)
			 Definitions:
(a) "Right to know": Requester
			 agency has official capacity and statutory authority to the information being
			 requested.
(b) "Need to know":
			 Requested information is pertinent and necessary to the requester agency in
			 initiating, furthering, or completing an investigation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0140 - Security

Current through Register Vol. 63, No. 7, July 1, 2024
Because security and protection of the materials in the
				criminal intelligence file is of utmost importance, the following procedures
				shall be observed:
(1) Policy: All CIU
			 employees shall be thoroughly familiar with access and dissemination policies
			 of this chapter. All other persons authorized to access criminal intelligence
			 information as provided in these rules shall agree to follow procedures
			 regarding information access, security, and dissemination which are consistent
			 with these rules.
(2) Access:
			 Direct access to the CIU's criminal intelligence files is limited to CIU file
			 section employees, the CIUS and personnel of criminal justice agencies as
			 approved by the CIUS.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3), ORS
				  180.610(4)
				  &  28 CFR §
											23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0150 - File Review and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Review Authority: All information in the
			 criminal intelligence file is subject to review at any time by the Chief
			 Counsel, Attorney-in-Charge of the Organized Crime Section, Chief Investigator,
			 CIU/AAG, Deputy Attorney General and Attorney General.
(2) CIUS Document Review: By July 1 of each
			 year, the CIUS shall review a representative random sample of the materials in
			 the file to determine the need for document classification change in accordance
			 with this chapter.
(3) CIUS
			 Operational Inspection: By July 1 of each year, the CIUS will inspect all
			 aspects of the intelligence file operation. This inspection shall include, but
			 not be limited to, the following:
(a)
			 Parameters of Review: Review the CIU rules to insure they are in accordance
			 with current law and accurately reflect the standards, policies and procedures
			 of CJD. Check recently submitted criminal intelligence to insure it meets CIU
			 criteria. Review indexing for compliance with established CIU procedures. Check
			 completed electronic source document for accuracy -- AKAs, monikers,
			 categories, sequence numbers, and other requirements. Review the electronic
			 accounting audit information to ensure it is properly maintained and
			 functioning appropriately;
(b)
			 Review Procedures: The CIU staff shall select at random five electronic source
			 documents from each major crime category. Staff will review these documents to
			 ensure that all materials meet file criteria. Staff will ensure that electronic
			 purge information is accurate and complete. Staff will study all materials not
			 meeting the criteria and will take immediate corrective action;
(c) Criminal Intelligence Unit Supervisor's
			 Report: The CIUS shall compose a written report of the findings of this review
			 and shall submit the report to the Chief Counsel through the Chief Investigator
			 and Attorney-in-Charge of the Organized Crime Section. The report will describe
			 the general condition of the files and any corrective measures taken.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0160 - Purging

Current through Register Vol. 63, No. 7, July 1, 2024
All information in the Criminal Intelligence file is eventually
				removed and destroyed. Its removal and destruction is in accordance with the
				following purge and destruction criteria:
(1) Purging Constraints: All file material
			 selected for purging and destruction will only be removed and destroyed when it
			 meets the requirements of these rules.
(2) Purge Criteria: Information is only
			 purged when it is:
(a) No longer
			 useful;
(b) No longer
			 relevant;
(c) Invalid;
(d) Inaccurate;
(e) Beyond retention period;
(f) Unverifiable; or
(g) Inconsistent with mission.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0170 - Destruction

Current through Register Vol. 63, No. 7, July 1, 2024
Material purged from the criminal intelligence file shall be
				removed and destroyed under the supervision of the CIUS. Removal and
				destruction will be accomplished electronically consistent with statutes and
				rules relating to destruction of public records.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), (3)
				  & (4) & 387.805 et seq.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0180 - File Integrity Officer

Current through Register Vol. 63, No. 7, July 1, 2024
The CIUS will be CIU's File Integrity Officer. In this
				capacity, the CIUS is responsible for the contents of all intelligence files in
				the CIU and for their compliance with these rules.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), (3)
				  & (4), 181.575 &  28 CFR §
											23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0190 - File Room Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CIUS
			 shall adopt effective and technologically advanced computer software and
			 hardware designs to prevent unauthorized access to information contained in the
			 CIU criminal intelligence files.
(2) The CIUS shall restrict access to CIU
			 facilities, operating environment and documentation to organizations and
			 personnel authorized by these rules.
(3) The CIUS shall institute procedures to
			 protect criminal intelligence information from unauthorized access, theft,
			 sabotage, fire, flood, or other natural or manmade disaster.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3)
				  & ORS 180.610(4)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0200 - File Index Number System

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 General Information:
(a) The CIU's criminal
			 intelligence files are indexed according to a modified Dewey Decimal System. In
			 the CIU's system, file categories and sub-categories are separated by decimal
			 points;
(b) File categories are
			 created or deleted at the request of CIU personnel as needs arise for more
			 crime topic areas. The list of authorized crime topics is always in a state of
			 change. A request for a change in the index system is first brought to the
			 attention of the CIUS through the use of the memorandum. If approved by the
			 CIUS, the index system is altered to reflect the change and an updated file
			 index list is distributed to all CIU personnel possessing copies of file
			 guidelines.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0210 - Forms

Current through Register Vol. 63, No. 7, July 1, 2024
The CIU will only use forms developed, tested, and approved for
				use by the Criminal Justice Division. Only the forms described below are
				authorized for use in the CIU file system.
(1) Criminal Intelligence Report (IR) (CJD
			 Form 35).
(a) The Criminal Intelligence Report
			 form is the CIU's standard collection document pertaining to criminal
			 intelligence. It is designed to provide both collection and a more efficient
			 way to analyze and disseminate what the CIU handles in the way of
			 information;
(b) The IR is used by
			 investigators and CJD staff alike as they collect criminal information in
			 person, by mail, phone, and through access to public and controlled
			 information;
(c) The IR is designed
			 to collect information on one event only. It should never be used to report on
			 several events at the same time such as a stakeout observation combined with
			 information about a later meeting in which the stakeout findings were
			 discussed;
(d) IR Preparation
			 Guide: As a guide for the use of the IR, the following applies:
(A) Record one event per IR
(B) Write in the first person
(C) State and evaluate your sources
(D) Forward the IR promptly.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0220 - Statement of Understanding (CJD Form 34)

Current through Register Vol. 63, No. 7, July 1, 2024
All Criminal Justice Division employees who are assigned to the
				Criminal Intelligence Unit shall read these rules and sign an understanding of
				such. All persons authorized to access criminal intelligence information as
				provided in these rules shall agree to follow procedures regarding information
				receipt, maintenance, security, and dissemination which are consistent with
				these rules.
Publication: The Publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 180
Stats. Implemented: ORS
				  180.610(2), ORS
				  180.610(3), ORS
				  180.610(4), ORS
				  181.575, ORS 387.805 et seq.
				  &  28 CFR §
											23.20
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 90 - CRIMINAL INTELLIGENCE UNIT › Section 137-090-0225 - Transition Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The handling of "hard-copy" criminal intelligence information
				submitted to the CIU prior to the effective date of these amended rules shall
				be governed by the provisions of former OAR Chapter 137, Division 90, adopted
				in September 1989. Once the information has been entered into the electronic
				database in compliance with these amended rules, adopted on August 8, 2000, the
				hard copy files may be purged and destroyed.
Stat. Auth.: ORS 180; ORS
				  357.805 et seq.
Stats. Implemented: ORS
				  180.610, ORS
				  181.575, ORS
				  357.805 et seq.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 95 - MODEL GUIDELINES FOR PROSECUTION OF ENVIRONMENTAL CRIMES › Section 137-095-0010 - Background and Purpose of Guidelines for Prosecution of Environmental Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
The 1993 legislature adopted Senate Bill 912 (codified as ORS
				468.920 -
				468.963), which establishes
				criminal penalties for certain violations of environmental laws. Section 19 of
				Senate Bill 912, ORS 468.961, provides that the
				district attorney of each county shall adopt written guidelines for filing
				felony criminal charges under Senate Bill 912. It also requires the Attorney
				General to adopt model guidelines that district attorneys may adopt as their
				written guidelines. These model guidelines address each of the factors listed
				in ORS 468.961(2).
Stat. Auth.: ORS
				  468.961
Stats. Implemented: ORS
				  468.961
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 95 - MODEL GUIDELINES FOR PROSECUTION OF ENVIRONMENTAL CRIMES › Section 137-095-0020 - General Principles for Prosecutors to Consider

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Each of the acts that Senate Bill 912 makes a felony also violates a civil
			 regulatory statute or administrative rule. For most violations, administrative
			 remedies and civil penalties are an appropriate and adequate response. For some
			 violations, however, criminal sanctions are necessary adequately to punish
			 offenders and to deter similar conduct in the future by the violator or others.
			 For still other violations, both civil/administrative and criminal remedies may
			 be appropriate;
(b) These
			 guidelines are intended to assist prosecutors in deciding when to file criminal
			 charges. Prosecutors are to coordinate with local, state and federal regulatory
			 agencies in making those decisions. Frequently, those agencies may be able to
			 provide the prosecutor with the most accurate information about the degree of
			 harm caused by a violation, the violator's past record of compliance or
			 noncompliance with the law, the appropriate regulatory agency's past handling
			 of similar violations, and other information pertinent to the decision to file
			 or not to file criminal charges.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 95 - MODEL GUIDELINES FOR PROSECUTION OF ENVIRONMENTAL CRIMES › Section 137-095-0030 - Specific Factors for Prosecutors to Consider and Apply

Current through Register Vol. 63, No. 7, July 1, 2024
The following guidelines address each of the factors listed in
				ORS 468.961(2).
				Each subsection lists the statutory factor, followed by a suggestion of how the
				prosecutor might weigh that factor in deciding whether or not to file criminal
				charges in a particular case.
(1) The
			 complexity and clarity of the statute or regulation violated. The more complex
			 the regulation or regulatory scheme, the greater is the likelihood that a
			 person could violate a statute or regulation despite making a good faith effort
			 to comply with the law. The prosecutor may also consider whether the violation
			 is so egregious that, despite the complexity of the statute or regulation, the
			 person should have known that the person's action was unlawful or the person's
			 conduct was nonetheless reckless as to the consequences for human health or the
			 environment.
(2) The extent to
			 which the person was or should have been aware of the requirement violated.
			 This factor is a corollary to section (l) of this rule. The following questions
			 are examples of the type of questions that may aid the prosecutor in applying
			 this factor. To answer these questions, prosecutors are encouraged to confer
			 with the appropriate regulatory agency (e.g., Department of Environmental
			 Quality):
(a) Is it clear on the face of the
			 regulation that the regulation applies to the person and the activity in
			 question? If not, is applicability determined by agency guidance or policy that
			 is distributed to the persons or entities subject to the regulation? Has the
			 agency clearly defined the conduct that would violate the regulation?
(b) Is the applicable statute or regulation
			 readily available to the person? Is its applicability based on a new
			 interpretation of existing statutes or rules?
(c) Does the person engage in a heavily
			 regulated occupation or industry, subject to substantial environmental
			 regulation of the media at issue, so that knowledge of environmental
			 requirements at issue should be an elementary part of doing business?
(d) Is the occupation or industry one in
			 which hiring environmental consultants is commonplace or regulatory agencies
			 offer technical assistance or published guidance?
(e) Do specific circumstances show that the
			 person knew or clearly should have known that the conduct violated the
			 law?
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 100 - SATISFACTION OF JUDGMENTS › Section 137-100-0010 - Appointment of Issuer of Satisfactions

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General hereby appoints the following as the
				Issuer of Satisfactions for purposes of issuing a satisfaction of judgment to
				an applicant as authorized by ORS
				137.452(1)(a)(A):
(1) The primary Issuer of Satisfactions shall
			 be the District Attorney or Deputy District Attorney in the county in which the
			 original judgment was entered;
(2)
			 If the District Attorney declines to participate as an Issuer of Satisfactions,
			 the Department of Justice may become that county's Issuer of Satisfactions. A
			 District Attorney who declines to participate in a particular instance should
			 refer the applicant to the Department of Justice in Salem. A District Attorney
			 who declines to participate shall submit in writing to the Department of
			 Justice a request that the Department of Justice handle all Satisfactions for
			 that county. The District Attorney will then provide the applicant with the
			 appropriate forms and refer the applicant to the Department of Justice in
			 Salem.
Stat. Auth.: ORS
				  137.452
Stats. Implemented: ORS
				  137.452
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 100 - SATISFACTION OF JUDGMENTS › Section 137-100-0015 - Appointment of Issuer of Releases

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General hereby appoints the following as the
				Issuer of Releases for purposes of issuing a release of judgment to an
				applicant as authorized by ORS
				137.452(1)(a)(B):
(1) The primary Issuer of Releases shall be
			 the District Attorney or Deputy District in the county in which the original
			 judgment was entered;
(2) If the
			 District Attorney declines to participate as an Issuer of Releases, the
			 Department of Justice may become that county's issuer of Releases. A District
			 Attorney who declines to participate shall submit in writing to the Department
			 of Justice a request that the Department of Justice handle all Releases for
			 that County. The District Attorney will then provide the applicant with the
			 appropriate forms and refer the applicant to the Department of Justice in
			 Salem.
Stat. Auth.: ORS
				  137.452
Stats. Implemented: ORS
				  137.452
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 100 - SATISFACTION OF JUDGMENTS › Section 137-100-0020 - Request for Satisfaction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant who has fully or partially paid a money judgment imposed in a
			 criminal proceeding may obtain a full or partial satisfaction of judgment from
			 the Issuer of Satisfactions upon written request. The request for issuance of a
			 satisfaction of judgment shall contain the following information:
(a) The name of the defendant as stated on
			 the judgment;
(b) The address of
			 the applicant;
(c) The telephone
			 number of the applicant;
(d) The
			 designation of the court in which the original judgment was entered whether
			 district or circuit court;
(e) The
			 county in which the court is located;
(f) The case number;
(g) The date of docketing in the judgment
			 docket;
(h) The total amount of the
			 money judgment;
(i) The date of any
			 prior partial satisfactions of judgment issued and the amount satisfied with
			 copies of all partial satisfactions;
(j) A copy of the criminal judgment in which
			 the monetary obligation is set forth must be attached to the request form;
			 and
(k) A certified copy of the
			 court clerk's record of payment which indicates the name of the defendant and
			 the case number must be attached to the request form.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 100 - SATISFACTION OF JUDGMENTS › Section 137-100-0025 - Request for Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant may request release of judgment lien from a specific parcel of real
			 property when either the money judgment lien does not attach to any equity in
			 the real property or the amount of equity in the real property to which the
			 judgment lien attached, less costs of sale or other reasonable expenses, is
			 paid upon the money judgment. The request for issuance of a release of judgment
			 shall contain the following information:
(a)
			 The name of the defendant as stated on the judgment;
(b) The address of the applicant;
(c) The telephone number of the
			 applicant;
(d) The address and
			 legal description of the specific parcel of real property to be
			 released;
(e) The designation of
			 the court in which the original judgment was entered whether district or
			 circuit court;
(f) The county in
			 which the court is located;
(g) The
			 case number;
(h) The date of
			 docketing in the judgment docket:
(i) The total amount of the money
			 judgment;
(j) The date of any prior
			 partial satisfactions of judgment issued and the amount satisfied with copies
			 of all partial satisfactions attached to the request form;
(k) A copy of the criminal judgment in which
			 the monetary obligation is set forth must be attached to the request
			 form;
(l) The criminal defendant's
			 ownership interest in the parcel, including an attached copy of a deed or
			 document evidencing the defendant's ownership interest if less than full
			 attached to the request form;
(m) A
			 recent appraisal or fair market value study of the parcel attached to the
			 request form;
(n) The sale price of
			 the parcel with documents relating to the sale, if any, of the parcel including
			 the sale price and sale terms, attached to the request form;
(o) The amount of the defendant's equity in
			 the property with documents relating to and establishing the defendant's equity
			 in the parcel attached to the request form, including copies of loan or debt
			 documents and/or contracts;
(p) The
			 total costs of sale with documents relating to and establishing costs of sale
			 (can be in the form of the closing statement) attached to the request
			 form;
(q) The total reasonable
			 expenses with documents relating to and establishing these expenses attached to
			 the request form;
(r) A certified
			 copy of the court clerk's record of payment of less than the full amount of the
			 judgment, if any, which identifies the name of the defendant and the case
			 number, must be attached to the request form;
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 105 - NON-PARTICIPATING MANUFACTURERS › Section 137-105-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions shall apply to all Oregon
				Administrative Rules contained in division 105 unless the context requires
				otherwise:
(1) "Brand Family" has the
			 meaning given that term in ORS
			 180.405.
(2) "Cigarette" has the meaning given that
			 term in ORS 323.800.
(3) "Certification" means the information
			 required to be provided to the Attorney General under ORS
			 180.410 and
			 180.415.
(4) "Directory" means the listing of tobacco
			 product manufacturers that have provided current and accurate certifications
			 pursuant to the provisions of ORS
			 180.425.
(5) "Distributor" has the meaning given that
			 term in ORS 180.405(3).
(6) "NPM Distributor report" means the
			 information required to be provided to the Attorney General under ORS
			 180.435(1).
(7) "Equity assessment" means the payment
			 required by Oregon Laws 2023, chapter 401, section 8.
(8) "Escrow deposit" means deposits required
			 to be made into a qualified escrow fund pursuant to ORS
			 323.806(2)(a).
(9) "Little Cigar" means a roll for smoking
			 that is of any size or shape and that is made wholly or in part of tobacco,
			 irrespective of whether the tobacco is pure or flavored, adulterated or mixed
			 with any other ingredient, if the roll has a wrapper made wholly or in greater
			 part of tobacco and if 1,000 of these rolls collectively weigh not more than
			 three pounds.
(10) "Master
			 Settlement Agreement" has the meaning given that term in ORS
			 323.800.
(11) "Participating manufacturer" has the
			 meaning given that term in ORS
			 180.405.
(12) "Qualified escrow fund" has the meaning
			 given that term in ORS
			 323.800.
(13) "Tobacco product manufacturer" has the
			 meaning given that term in ORS
			 323.800.
(14) "Units Sold" has the meaning given that
			 term in ORS 323.800.
Statutory/Other Authority: ORS
				  180.445
Statutes/Other Implemented: ORS
				  180.445