reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 1 - PROCEDURAL RULES › Section 291-001-0115 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in 40.190 (OEC Rule
			 408), notwithstanding any provisions to the contrary in section (8) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(9) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed; or
(b) Mediation in which the person
			 acting as the mediator will also act as the hearings officer in a contested
			 case involving some or all of the same matters; or
(c) Mediation in which the only parties are
			 public bodies; or
(d) Mediation in
			 which two or more public bodies and a private entity are parties if the laws,
			 rule or policies governing mediation confidentiality for at least one of the
			 public bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose:
(a) The purpose of these rules is to
			 establish policies, procedures, and guidelines for the security of Department
			 of Corrections information systems. Any information system operated by the
			 Department of Corrections, connected to the department's network, or
			 information contained in the department's computer systems shall be protected
			 by the security guidelines established in these rules.
(b) The Department of Corrections intends to
			 operate all information system assets, including multi-user computer systems,
			 terminal devices, workstations, networks, mobile devices, and communications
			 devices, in such a manner as to ensure:
(A)
			 The confidentiality, integrity, and availability of the department's
			 information, regardless of whether it is stored or processed on the
			 department's information systems or on other computer systems, including
			 employee-owned personal computers or information systems operated by other
			 agencies and organizations;
(B) The
			 protection of rights to privacy concerning personally identifiable information
			 (PII) about a person which may be stored on Department of Corrections
			 information systems;
(C)
			 Accessibility to information by department-authorized users or as required by
			 state statute or legislation;
(D)
			 Denial of access to Department of Corrections information systems and
			 information contained within for all unauthorized persons; and
(E) Detection of misuse of Department of
			 Corrections information systems, computer equipment, computer networks or
			 information, and the intervention against attempted or actual system
			 intrusions, information tampering, destruction, data exfiltration, or any other
			 forms of misuse.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0011 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application(s):
			 A system for collecting, saving, processing, and presenting data by means of a
			 computer. The term application is generally used when referring to a component
			 of software that can be executed. The terms application and software
			 application are often used synonymously.
(2) Authorized User: An individual who holds
			 explicit permission to access information or use an information systems
			 resource. An authorized user is distinguished by ownership of an active user
			 account or profile and a fully executed security agreement.
(3) Computing Device: A device that can
			 perform substantial computations, including numerous arithmetic operations and
			 logic operations without human intervention. A computing device can consist of
			 a standalone unit or several interconnected units. It can also be a device that
			 provides a specific set of functions, such as a phone or a personal organizer,
			 or more general functions such as a laptop or desktop computer.
(4) Department of Corrections Information
			 Security Officer (ISO): The ISO manages information security throughout the
			 agency. The ISO is responsible for coordinating program requirements throughout
			 the agency with designated points of contact and project managers. Their duties
			 include:
(a) Developing and maintaining an
			 agency-wide information security program.
(b) Issuing annual information technology
			 (IT) security planning guidance, including security priorities, objectives, and
			 prioritization criteria for new and legacy systems.
(c) Training and overseeing personnel with
			 significant responsibilities for information security with respect to such
			 responsibilities.
(d) Developing
			 and maintaining information security policies, procedures, and control
			 techniques.
(e) Assisting senior
			 agency personnel concerning their IT security-related
			 responsibilities.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0015 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 cover the following assets of the department:
(a) Any and all information regarding or
			 related to the department's business and mission, where that information is
			 stored as data contained in or on any information system or is produced for
			 display and review by that system.
(A) Data
			 may be recorded on different media, such as magnetic drives (hard disk drive
			 (HDD) or floppy), optical disks (compact disk (CD) or digital versatile disk
			 (DVD), semiconductor drives (solid state drives (SSD) or flash), and a variety
			 of printed output, etc.
(B) This
			 data may be stored, processed, accessed, or displayed on any number of computer
			 systems including, but not limited to, those owned and operated by the
			 department, contractors, or consultants. Personally-owned devices are not
			 authorized to store or process agency data.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0035 - Termination of Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice
			 of termination of employment with the agency shall result in retirement of the
			 individual's user account(s). Prompt notice of termination shall be sent to the
			 Department of Corrections ISO or designee by the Employee Services manager or
			 designee who handles user authorization. This procedure also applies to users
			 from external organizations, Oregon Corrections Enterprises, contractors, and
			 volunteers.
(2) Functional unit
			 managers or their designees shall review a list of user accounts from their
			 respective units annually to ensure accounts are legitimate. Information
			 Technology Services (ITS) shall provide the list.
(3) Managers of external users shall review a
			 list of users annually and confirm those needing continued access. ITS shall
			 provide the list.
(4) Newly created
			 user profiles that are not used within 45 days will be removed.
(5) User profiles for deceased employees
			 shall be immediately disabled upon notification. Notification is provided to
			 manager and site contact. If no response is received from the manager or site
			 contact within 14 days, the profile will be deleted.
(6) Users and managers of existing profiles
			 that are inactive for a period of 45 days will be sent notification by the
			 Department of Corrections ISO or designee to confirm continued need for access.
			 If there is no response within 10 business days, the profile will be disabled.
			 Disabled accounts will be deleted 30 days after disablement, unless otherwise
			 noted on the account.
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 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0045 - Remote Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authorized
			 persons may be granted access to Department of Corrections information systems
			 by means of remote connection on a need-to-use basis. Such access shall be via
			 the same user identification and password issued for local access.
(2) Remote access is permitted by means of
			 user identification and password only. The use of open user accounts and
			 automatic sign-on are not permitted.
(3) ITS standards and guidelines require
			 additional security controls, such as MFA, virtual private network (VPN),
			 geolocation verification, or other forms of secure connection to be used
			 whenever telecommuting is authorized.
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 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0055 - User Password Management and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authorized users shall comply with the
			 following rules to create and manage their passwords:
(a) All user accounts shall be protected by
			 use of a password. This password shall be generated by and known only to the
			 individual user.
(b) The Department
			 of Corrections ISO shall determine password characteristics.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0065 - Information Technology Services (ITS) Responsibilities for User Identification

Current through Register Vol. 63, No. 7, July 1, 2024
To implement user accountability, the following rules shall be
				strictly enforced by ITS:
(1)
			 Separation of Duties:
(a) Separate personnel
			 duties to minimize the potential for abuse of authorized privileges and risk of
			 malevolent activity without collusion. Developers must not have unmonitored
			 access to production environments;
(b) Document separation of duties, including
			 roles and permissions; and
(c)
			 Define system access authorization in support of separation of
			 duties.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 5 - NETWORK INFORMATION SYSTEM ACCESS AND SECURITY › Section 291-005-0075 - Physical Security Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Computer equipment shall be protected from unnecessary risk of access, damage,
			 or theft.
(2) Facility access must
			 be controlled using physical access control devices such as keys, locks,
			 combinations, radio-frequency identification (RFID) card readers, etc.
(a) All facilities must have at least one
			 physical security control protecting it from unauthorized access, damage, or
			 interference;
(b) Facilities that
			 process or store information classified at Level 3 (Restricted) or higher must
			 employ multiple layers of physical security controls; and
(c) For areas used to process or store
			 information classified at Level 3 (Restricted) or higher, access logs for
			 controlled entry points must be maintained.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0005 - 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 these rules is to
			 establish department policy and procedures for adults in custody (AICs) to
			 obtain internal review, investigation, and resolution of perceived instances of
			 unfair discriminatory practices and action by the department based on race,
			 color, national origin, religion, gender, sex, sexual orientation, marital
			 status, age, disability, or familial status.
(3) Policy: Within the inherent limitations
			 of resources and the need to maintain internal security, good order, and
			 discipline in Department of Corrections facilities, the health and safety of
			 AICs, staff and volunteers, and to promote AIC rehabilitation, it is the policy
			 of the Department of Corrections:
(a) That
			 all AICs are treated fairly, equitably, and that staff actions and decisions be
			 consistent with the rules, policies, and procedures of the
			 department.
(b) To permit and
			 encourage AICs to seek resolution of issues or disputes related to perceived
			 instances of discriminatory practices or actions by an employee, contractor, or
			 volunteer of the Department of Corrections or Oregon Corrections Enterprises by
			 using the department's internal discrimination complaint review system
			 established in these rules.
(c) To
			 promptly and thoroughly investigate any complaint alleging perceived
			 discrimination and, if appropriate, take measures to resolve the
			 issue.
(d) No person shall be
			 discriminated against, intimidated, threatened, coerced, or suffer any form of
			 retaliation or reprisals, because the person has opposed unlawful
			 discrimination, filed a complaint, testified, assisted, or participated in any
			 manner, in any proceeding regarding unlawful discrimination or has attempted to
			 do so.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0012

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0031

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0050 - Discrimination Complaint and Appeal Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Discrimination complaints must be
			 received by the discrimination complaint coordinator within 14 calendar days of
			 the incident giving rise to the discrimination complaint unless the AIC can
			 satisfactorily demonstrate why the discrimination could not be timely filed.
			 Untimely discrimination complaints will be denied and returned to the AIC with
			 a statement of the rule.
(2) A
			 discrimination complaint response by the functional unit manager or designee
			 will be sent to the AIC within 70 calendar days from the date the complaint was
			 accepted by the discrimination complaint coordinator, unless further
			 investigation is necessary.
(3)
			 Discrimination complaint appeals must be received by the discrimination
			 complaint coordinator within 14 calendar days from the date that the functional
			 unit manager's initial discrimination complaint response was sent to the AIC
			 unless the AIC can satisfactorily demonstrate why the appeal could not be
			 timely filed. Untimely initial appeals will be denied and returned to the AIC
			 with a statement of the rule.
(4)
			 An untimely discrimination complaint appeal will be denied.
(5) Discrimination complaint appeals will be
			 responded to within 70 calendar days from the date the appeal was accepted,
			 unless further investigation is necessary.
(6) Discrimination complaints, discrimination
			 complaint appeals, or responses may be consolidated by the
			 department.
(7) If the deadline for
			 submitting a discrimination complaint or appeal falls on a weekend or legal
			 holiday, that discrimination complaint or appeal will be deemed timely if the
			 discrimination complaint or appeal form is timely dated by the AIC and the
			 institution discrimination complaint coordinator receives the discrimination
			 complaint or appeal during the first business day following the weekend or
			 legal holiday in which the deadline passed.
Statutory/Other Authority: ORS
				  179.040,
				  179.321,
				  423.075,
				  423.020 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.321,
				  423.075,
				  423.020 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0055 - Discrimination Complaint and Appeal Submission Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC shall have no more than four
			 active complaints (discrimination complaints, grievances, or appeals from
			 either) at any time. Any discrimination complaint or appeal submitted that
			 exceeds that limit will be found to be an improper use of the grievance and
			 discrimination complaint review systems and returned to the AIC with a
			 statement of the rule.
(2) An AIC
			 may submit no more than a combined total of four initial discrimination
			 complaints and AIC grievances in any calendar month.
(3) Emergency grievances as defined under OAR
			 291-109-0110, sexual harassment
			 grievances as defined under OAR
			 291-109-0110 and sexual abuse
			 grievances submitted under OAR
			 291-109-0245 (or any appeal of
			 either) are not counted when determining, for purposes of this rule, the number
			 of active complaints or the number of submitted discrimination complaints or
			 grievances within any calendar month.
(4) Any discrimination complaint or grievance
			 (or appeal of either) received that causes the AIC to exceed the limits
			 described in OAR 291-006-0055 (1) or
			 (2) will be considered an improper use of the
			 discrimination complaint and grievance review systems.
(5) When determining the total number of
			 active complaints, the Department will not count any complaint (grievances,
			 discrimination complaints, or appeals of either) submitted prior to the first
			 effective date of this rule.
Statutory/Other Authority: ORS
				  179.040,
				  179.321,
				  179.360,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.321,
				  179.360,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0060 - Discrimination Complaint and Appeal Submission Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC who believes they have been
			 subjected to unlawful discrimination by the department or by an employee,
			 contractor, or volunteer of the Department of Corrections or Oregon Corrections
			 Enterprises on the basis of race, color, national origin, religion, gender,
			 sex, sexual orientation, marital status, age, disability, or familial status
			 may seek resolution of their complaint or issue through the department's
			 internal discrimination complaint process by completing the department's
			 approved discrimination complaint form and submitting it to the designated
			 discrimination complaint coordinator.
(a)
			 Instructions for filing a discrimination complaint are found on the reverse
			 side of the AIC discrimination complaint form, or the AIC may contact the
			 discrimination complaint coordinator or the law library.
(b) Functional unit managers or designees
			 shall ensure the approved AIC discrimination complaint forms are available to
			 AICs in DOC correctional facilities.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0065 - Discrimination Complaint and Appeal General Processing Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 discrimination complaint coordinator shall date stamp the discrimination
			 complaint or complaint appeal form upon receipt. After the form has been
			 date-stamped and recorded, the AIC will be issued a return receipt, and if
			 accepted, the coordinator will direct that an investigation occur.
(2) Discrimination complaint and
			 discrimination complaint appeals returned for correction:
(a) An AIC may elect to resubmit a
			 discrimination complaint or discrimination complaint appeal that has been
			 returned for correction to the AIC because it does not comply with these rules.
(b) The discrimination complaint
			 or discrimination complaint appeal may only be resubmitted twice and must be
			 received by the institution discrimination complaint coordinator within 14
			 calendar days from when the discrimination complaint or discrimination
			 complaint appeal was originally returned to the AIC.
(c) If rewritten, the return receipt and
			 original discrimination complaint or discrimination complaint appeal must also
			 be attached.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0070 - Discrimination Complaint Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC may appeal the initial
			 discrimination complaint response using a discrimination complaint appeal form.
(a) The appeal must include the original
			 discrimination complaint, attachments, and staff response(s).
(b) The appeal must comply with the
			 timeframes set forth in OAR
			 291-006-0050.
(c) The scope of the original discrimination
			 complaint cannot be expanded on appeal.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0075 - Improper Use of Discrimination Complaint Review System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC improperly uses the discrimination
			 complaint system when they:
(a) Include
			 language that is identified as posing a criminal threat;
(b) Repeatedly submit grievances,
			 discrimination complaints, or appeals of either, that do not comply with the
			 requirements set forth in this rule, including, but not limited to, multiple
			 resubmissions of the same discrimination complaint or appeal, multiple untimely
			 discrimination complaints, and multiple resubmissions of uncorrected
			 discrimination complaints;
(c)
			 Submit grievances, discrimination complaints, or appeals of either, in excess
			 of the allowed limitations set forth in OAR
			 291-006-0055.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 6 - DISCRIMINATION COMPLAINT REVIEW SYSTEM › Section 291-006-0080 - Recordkeeping of Discrimination Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The discrimination complaint coordinator
			 will retain a file copy of discrimination complaints with pertinent documents,
			 including appeals, in accordance with the department's approved retention
			 schedule for these records.
(2)
			 AIC discrimination complaints will not be filed in the AIC's working
			 file.
(3) AIC discrimination
			 complaints will not be filed in the staff working file.
Statutory/Other Authority: ORS
				  179.040,
				  179.321,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.321,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 9 - TOURS › Section 291-009-0005 - 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: This rule provides guidelines
			 and procedures whereby interested groups and individuals may be allowed tours
			 of correctional facilities operated by the Department of Corrections.
(3) Policy: One of the goals of the
			 Department of Corrections is to create partnerships with communities by
			 providing public information and education, potential expansion of work
			 programs, professional advice, training and consulting services, and
			 encouraging staff participation in professional exchanges of information about
			 the operation of the department's facilities. One method of achieving this goal
			 is through the administration of a tour program. Tours will be conducted in
			 accordance with staff resource availability and security
			 requirements.
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 9 - TOURS › Section 291-009-0010 - 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 staff office, including the grounds, operated by the
			 Department of Corrections.
(3)
			 Functional Unit Manager: Any person within the Department of Corrections who
			 reports to either the Director, Deputy Director, an Assistant Director, or an
			 administrator and has responsibility for the delivery of program services or
			 coordination of program operations. Whenever the term "functional unit manager"
			 is used in this rule it means functional unit manager or designee.
(4) Tours: Any person or group of persons
			 authorized to be escorted through a Department of Corrections
			 facility.
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 9 - TOURS › Section 291-009-0015 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tours may be
			 provided to:
(a) College and high school
			 level students aged 16 and over with an academic interest in state government,
			 public services, social science, or criminal justice. Students under 18 years
			 of age must be accompanied by an instructor.
(b) Persons, including representatives of the
			 media that have a professional interest in state government correctional
			 programs.
(c) Representatives from
			 companies or the community who have the potential for expanding work programs,
			 including private partnerships.
(d)
			 Family members or associates of employees or contractors.
(e) Law Enforcement or other agency
			 partners
(f) Persons interested in
			 applying or currently in the application process for the Department of
			 Corrections including those attending hiring events or open house
			 events.
(g) Members of that
			 facility's Prison Advisory Committee.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The authority for these rules is granted to the Director of the Department of
			 Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: To establish procedures and
			 standards for the placing and maintenance of adults in custody in disciplinary
			 segregation. Adults in custody in violation of rules of prohibited conduct may
			 be placed in disciplinary segregation to maintain the safety and security of a
			 facility.
(3) Policy: It is the
			 policy of the Department of Corrections to establish and maintain disciplinary
			 segregation operations separate from the general adult in custody population in
			 Department of Corrections facilities. These rules cannot cover all possible
			 events; it is intended to direct only the relative routine aspects of
			 segregation operations. Adults in custody placed on disciplinary segregation
			 status will be treated fairly and impartially with the best interest of staff,
			 adults in custody, and the institution in mind.
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 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0015 - Selection of Disciplinary Segregation Unit (DSU) Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Selection Criteria: To qualify for a post
			 solely assigned to disciplinary segregation, the employee:
(a) Must have successfully completed trial
			 service;
(b) Must have completed
			 mental health training for working with AICs experiencing mental illness AICs
			 as provided by the Professional Development Unit; and
(c) Must have achieved a satisfactory on the
			 most recent performance appraisal at the time of application and assignment to
			 disciplinary segregation. At a minimum, the staff member must meet the criteria
			 listed in this rule:
(A) Have demonstrated
			 support of the Oregon Accountability Model;
(B) Have demonstrated maturity and
			 tolerance;
(C) Have demonstrated a
			 constructive interest in working with AICs in disciplinary
			 segregation;
(D) Have demonstrated
			 the ability to work with AICs through conflict-reducing and conflict-control
			 skills; and
(E) Have demonstrated
			 the ability to use good judgment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0020 - Handling Disturbances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any and
			 all disturbances which involve AICs in disciplinary segregation will be
			 reported immediately to the officer-in-charge who will take any necessary,
			 immediate emergency action. When any disturbance occurs that requires an
			 unusual incident report, the officer-in-charge will immediately notify the
			 appropriate administrative staff. The unusual incident report will be completed
			 as required by the department's policy on Unusual Incident Reporting Process
			 (DOC policy 40.1.6).
(2) The
			 officer-in-charge or designee will make the decisions, organize, assign,
			 direct, control and observe, but will not become physically involved in
			 situations where an AIC must be subdued and placed in or removed from a cell,
			 nor in other disturbance situations which require time to organize necessary
			 control action and assemble personnel.
(3) The use of physical force, chemical
			 agents, or physical restraints must be in accordance with the department's
			 rules on Use of Force (OAR 291-013).
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 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0025 - Assignment and Removal of AICs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 AICs will be assigned to disciplinary segregation in accordance with the
			 department's rules on Prohibited Conduct and Processing Disciplinary Actions
			 (OAR 291-105). The functional unit manager or designee or the officer-in-charge
			 may order immediate placement of an AIC in disciplinary segregation when it is
			 necessary to protect the AIC or others, or for the safety, security, orderly,
			 or efficient operation of the facility.
(2) Immediately following any verbal threat
			 of self-harm or act of self-harm by an AIC, a mental health professional, if
			 readily available, or a registered nurse if a mental health professional is not
			 readily available, will be consulted by the officer-in-charge to determine the
			 proper course of action, in accordance with the department's rules on Suicide
			 Prevention in Correctional Facilities (OAR 291-076).
(3) Dry Cell Status:
(a) An AIC may be placed on dry cell status
			 by the officer-in-charge.
(b) An
			 AIC placed on dry cell status will remain isolated from other AICs for a period
			 not to exceed 72 hours, unless authorized by the functional unit
			 manager.
(c) An AIC shall not be
			 permitted visits while on dry cell status.
(d) There will be no interruption of normal
			 food intake. The AIC will be provided water upon request.
(e) Additional specific procedures for
			 placing an AIC on dry cell status are included in the department's policy on
			 Dry Cell Status (DOC policy 40.1.11).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0030 - Situational Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) AICs
			 assigned to disciplinary segregation shall remain so assigned for only the
			 shortest length of time necessary to achieve the purpose for which assignment
			 was prescribed in accordance with the department's rules on Prohibited Conduct
			 and Processing Disciplinary Actions (OAR 291-105).
(2) For AICs who have been identified with
			 severe or the highest mental health treatment needs, a clinical interview will
			 be conducted and documented by a qualified mental health professional upon
			 notification of the admission of the AIC into a disciplinary segregation unit.
			 Requests for psychological intervention by a qualified mental health
			 professional may also be initiated by a staff member working in disciplinary
			 segregation, or by an AIC in disciplinary segregation.
(3) An assessment will be made by the
			 designated institutional committee on each AIC in continuous disciplinary
			 segregation at least every 30 days. Adjustment to segregation and early release
			 from segregation will be considered for recommendation to the functional unit
			 manager.
(4) Close Supervision:
(a) A close supervision status cell may
			 temporarily be used to house an AIC whose behavior:
(A) Is deemed so aggressive or destructive
			 that housing for protection of self, others or property is indicated.
(B) Creates a serious disruption to the
			 safety, security, orderly, or efficient operation of the unit.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0035 - Maintaining and Recording Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disciplinary segregation logs will be
			 maintained with the following methods:
(a)
			 All entries made with ink.
(b)
			 Mistakes will be lined out and initialed by the person who made the
			 error.
(c) No spaces will be left
			 blank between entries.
(d) No pages
			 will be skipped.
(e) No sheets will
			 be removed.
(f) Sheets may be added
			 for continued or additional information.
(g) All logs will be retained in accordance
			 with applicable records retention schedules.
(h) All entries in the log must bear the
			 staff member's signature.
(i) All
			 logs will be reviewed monthly by the Assistant Superintendent of Security or
			 security manager.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0040 - Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Door Security:
(a) Entry doors into the Disciplinary
			 Segregation Unit and the entry door to each tier in disciplinary segregation
			 will be locked at all times, except when in use for authorized traffic. If the
			 entry doors to the facility are open, all entry doors to the tiers must be
			 locked.
(b) Cell doors will be
			 closed and locked at all times, except during inspections and when an AIC is
			 entering or leaving the cell. There will be no instances of two occupied cells
			 on individual tiers or two occupied cells in the same section being opened at
			 any given moment, except in case of an emergency (for example, emergency
			 evacuation).
(c) Two staff members
			 to one AIC must be present at the cell when the door of any occupied single
			 person cell is unlocked.
(d) If the
			 cell houses two AICs and only one AIC is to be removed from the cell, at least
			 three staff members must be present to complete the removal. The cell door will
			 remain secured until the AIC scheduled for removal has been
			 restrained.
(e) At least four staff
			 members must be present at the cell when the door of any cell occupied by two
			 unrestrained AICs is unlocked or opened or when both AICs are removed from the
			 cell at the same time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0050 - Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any personal
			 property, as defined in the department's rules on Personal Property (AIC) (OAR
			 291-117), not permitted in the cell of any disciplinary-segregated AIC will be
			 properly stored in a location designated by the functional unit manager. Upon
			 release from the Disciplinary Segregation Unit, the AIC will check their
			 personal property and sign the property sheet.
(2) The following standard items are issued
			 to all AICs in disciplinary segregation:
(a)
			 Writing utensil
(b) Appropriate
			 clothing items;
(c) Shower shoes
			 (one pair);
(d) Towel;
(e) Blanket(s) (staff will determine
			 appropriate number issued consistent with general population
			 standards;
(f) Sheets (two
			 total);
(g) Mattress;
(h) Pillow;
(i) Pillow case;
(j) Socks (one pair);
(k) Soap;
(l) Toothbrush;
(m) Comb;
(n) Undergarments;
(o) Property box;
(p) Envelopes (two);
(q) Writing paper; and
(r) AIC communication forms (two
			 total).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0060 - Services and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Canteen: Canteen items may be purchased every other week by those AICs who have
			 available funds in their trust accounts.
(a)
			 Close supervision status and short-term status AICs may only purchase envelopes
			 (maximum of 20).
(b) Long-term
			 status AICs may purchase authorized items from the disciplinary segregation
			 canteen list and additional items as authorized by the functional unit
			 manager.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0064 - Forfeiture or Denial of Service or Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A disciplinary-segregated AIC may be
			 required to forfeit or be temporarily denied any service or activity when the
			 AIC is using the service or activity to destroy or damage property, obstruct
			 security, or make threats of physical violence to others. If an AIC is using
			 any service or activity for self-harm, that service or activity may be
			 temporarily denied upon order of the officer-in-charge or designee. Any item(s)
			 withheld shall be returned at the earliest possible time when the basis for
			 removal has ceased to exist. Denial orders will be reviewed every eight hours
			 by the officer-in-charge.
(2)
			 Services and activities may be forfeited or denied as a result of a
			 disciplinary sanction in accordance with the department's rules on Prohibited
			 Conduct and Processing Disciplinary Actions (OAR 291-105).
(3) Forfeiture of a service or activity will
			 be reviewed weekly by the designated institutional committee.
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 11 - SEGREGATION (DISCIPLINARY) › Section 291-011-0080 - Disciplinary Segregation Units in Minimum Custody Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Due to their
			 size and available staffing, minimum custody facilities will be exempt from the
			 following provisions of the department's rules on Segregation (Disciplinary)
			 (OAR 291-011). These provisions will be modified as described below.
(2) An AIC may be placed on close supervision
			 status under the provisions listed in OAR
			 291-011-0030 and remain so until
			 terminated by the functional unit manager or transfer to another
			 facility.
(3) Recreation outside of
			 the cell will not be available.
(4)
			 Staff Selection Criteria: Employees regularly assigned to the facility will
			 staff the Disciplinary Segregation Unit.
(5) AICs in disciplinary segregation
			 requesting psychological intervention will be referred to the facility medical
			 staff.
(6) AICs in disciplinary
			 segregation will be visited by a qualified health care professional at least
			 daily unless medical attention is ordered more frequently in specific cases by
			 the facility's physician. Requests for medical attention made to security staff
			 will be referred to the officer-in-charge who will determine the appropriate
			 action to be taken.
(7) Facilities
			 that have five- or seven-day-a-week health care available will ensure that AICs
			 in disciplinary segregation are seen by a health care official each
			 day.
(8) Door Security: The outer
			 door to each segregation cell shall remain locked when not in use for
			 authorized traffic.
(9) When
			 possible, staff will restrain all AICs occupying the cell prior to the
			 unlocking or opening of the cell door. The functional unit manager may waive
			 this requirement based upon facility design and operational
			 requirements.
(10) Property: In
			 addition to authorized issued items, the following property will be authorized
			 in disciplinary segregation:
(a) Personal
			 letters;
(b) Photographs (ten
			 total, will not be retrieved from AIC's personal property);
(c) Paperback books (three total);
(d) Magazines (three total, will not be
			 retrieved from AIC's personal property);
(e) Legal papers requiring immediate action
			 (approved by facility legal librarian);
(f) Writing utensil;
(g) Paper;
(h) Envelopes; and
(i) Medically approved denture cleanser and
			 denture adhesive.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 13 - USE OF FORCE › Section 291-013-0005 - 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
			 provide guidance and direction in the use of force and security equipment by
			 Department of Corrections employees in the lawful performance of their duties.
			 The rule is written to minimize risk to the general public associated with the
			 escape of an adult in custody; minimize the likelihood of injury to employees,
			 members of the general public, and adults in custody; prevent serious
			 destruction of state property and meet the mission of the department.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to authorize the use of force in circumstances specified in this
			 rule. In such circumstances where force is authorized, the type, amount and
			 manner of use of force authorized are further specified within this
			 rule.
(b) The use of force and
			 security equipment by department employees is authorized by the Director
			 through the appropriate functional unit manager.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 13 - USE OF FORCE › Section 291-013-0055 - Applicability of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 employees shall be thoroughly familiar with the departmental guidelines of this
			 rule.
(2) Those employees whose
			 duties require them to be in both institutional and community situations shall
			 be thoroughly familiar with all sections of this rule. Parole and probation
			 officers shall follow the department's rule on Use of Force (Community
			 Corrections) (OAR 291-022) to provide guidance and direction in use of force
			 incidents.
(3) If there is any
			 question about specific equipment, procedures, etc., in a use of force
			 situation, an employee shall be directed by the location of the situation,
			 either in an institution or the community, rather than by distinctions
			 concerning where he/she is duty stationed.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075