Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adjudicator:
			 The assigned employee within the facility responsible for the disposition of
			 all informal hearings and minor misconduct reports that are to be adjudicated
			 without a formal hearing.
(2) Adult
			 in Custody (AIC): A person incarcerated or detained in a correctional facility
			 who is accused of, convicted of, or sentenced for a violation of criminal law
			 or for the violation of the terms and conditions of pretrial release,
			 probation, parole, post-prison supervision, or a diversion program. For the
			 purposes of these rules, AIC includes individuals who are in the legal custody
			 of the Department of Corrections but are temporarily outside of the physical
			 custody of the Department of Corrections for reasons that include, but are not
			 limited to, transport, court proceeding, medical appointments, work assignment,
			 programs, or interstate compact. AIC also includes those who have been released
			 onto Short-Term Transitional Leave, Non-Prison leave, or emergency
			 leave.
(3) Attempt: Conduct that
			 constitutes a substantial step towards the commission of a rule
			 violation.
(4) Calendar Day: All
			 weekdays, weekends, and holidays.
(5) Conduct Order: An Oregon Department of
			 Corrections form that allows for various interventions to affect positive
			 behavioral change, and without the need for a disciplinary hearing, in
			 accordance with OAR 291-105-0021(1).
			 Restriction of an AIC's privileges through a conduct order can be for no more
			 than 72 hours.
(6) Conspiracy: An
			 agreement between an AIC and one or more persons to engage in, cause, or
			 conceal a rule violation.
(7)
			 Contraband: Any article or thing that an AIC is prohibited by statute, rule, or
			 order from obtaining or possessing, that the AIC is not specifically authorized
			 to obtain or possess, or that the AIC alters without authorization.
(8) Controlled Substance: A drug or its
			 precursor as listed in ORS
			 475.005 through
			 475.999.
(9) Dangerous or Deadly Weapon: Any
			 instrument, article, or substance specifically designed for or readily capable
			 of causing death or serious physical injury.
(10) Deadly Force: Physical force that, under
			 the circumstances in which it is used, is readily capable of causing death or
			 serious physical injury.
(11)
			 Department of Corrections Facility: Any institution, facility, or staff office,
			 including the grounds, operated by the Department of Corrections.
(12) Digital Currency: Any currency or stored
			 value (including cryptocurrency) commonly held by a financial institution,
			 payment service, or digital wallet, and that may be transferred to another
			 person by electronic or other means. Payment services or digital wallets
			 include but are not limited to; CashApp, Venmo, Paypal, and Zelle. Digital
			 currency excludes funds maintained by DOC in an AIC trust account)
(13) Distribution: The transfer of contraband
			 from one person to another. This term includes smuggling or the deliberate
			 destruction of evidence.
(14)
			 Drugs: Any controlled substance as listed in ORS
			 475.005 through
			 475.999.
(15) Electronic Communication Device: A
			 device designed to be used for or is readily capable of being used for making
			 or receiving wireless communication transmissions.
(16) Employee: Any person who is employed
			 full time, part time, or under temporary employment by the Department of
			 Corrections. For the purposes of these rules, this includes employees of Oregon
			 Corrections Enterprises.
(17)
			 Escape Device: Any item designed for, physically altered for, or readily
			 capable of being used to facilitate an escape from a secure housing unit, a
			 facility, or from custody.
(18)
			 Facility: Any institution, facility, or employee office, including the grounds,
			 that an AIC under the supervision of the Department of Corrections is
			 assigned.
(19) Fine: A monetary
			 sanction imposed in accordance with these rules (OAR 291-105.) AIC fines shall
			 be deposited as established under ORS
			 421.068 as confiscated
			 funds.
(20) Functional Unit: Any
			 organizational component within the Department of Corrections responsible for
			 the delivery of program services or coordination of program
			 operations.
(21) Functional Unit
			 Manager: Any person within the Department of Corrections who reports to either
			 the Director, the Deputy Director, an Assistant Director, or an administrator,
			 and has responsibility for delivery of program services or coordination of
			 program operations. In a correctional setting the functional unit manager is
			 the Superintendent.
(22) Good
			 Cause: Adequate or substantial grounds or reason to take (or not take) an
			 action prescribed by law. What constitutes good cause is usually determined on
			 a case-by-case basis and is thus relative.
(23) Hearings Officer: A DOC employee
			 assigned to review and adjudicate misconduct reports through a formal
			 hearing.
(24) Intoxicant: Any
			 substance, including but not limited to, unauthorized medication, alcoholic
			 beverages, and inhalants, which causes a disturbance of mental or physical
			 capacity resulting from the introduction of the substance in the
			 body.
(25) Lesser Included
			 Violation: Any violation which is a lesser degree of the charged violation (for
			 example, AIC Assault III is a lesser included violation of AIC Assault
			 II.)
(26) Local Jail: Any city or
			 county lock-up or local correctional facility.
(27) Money: Cash, money orders, personal
			 checks, warrants, certified checks, and other remittances.
(28) Non-Employee Service Provider (NSP): An
			 individual who provides services or programs to the department or to AICs,
			 including an individual who provides services or programs remotely, but not as
			 a paid employee of the department. Examples of non-employee service providers
			 include contractors, volunteers, mentors, criminal justice partners, and
			 government agency partners.
(29)
			 Non-Prison Leave: A period of leave preceding an established release date
			 granted to AICs successfully completing the institution phase of an Alternative
			 Incarceration Program. Non-Prison Leave is designed to provide AICs with
			 transitional opportunities that promote successful reintegration into the
			 community and is granted in accordance with ORS
			 137.751, ORS
			 421.508, ORS
			 421.510 and the department's
			 rules on Alternative Incarceration Programs (OAR 291-062).
(30) Officer-in-Charge: That person
			 designated by the functional unit manager to supervise the facility and make
			 operational decisions in accordance with rule or procedure during periods when
			 the functional unit manager or officer-of-the-day are not readily
			 available.
(31) Order: Any
			 direction given to an AIC that directs or forbids the doing of some act over
			 which the AIC has control. An order may be written, verbal, or gestured
			 communication (including all Department of Corrections rules; functional unit
			 rules, and procedures; all federal, state, and local laws; conditions of leave;
			 and court-ordered terms and conditions).
(32) Oregon Corrections Enterprises (OCE): A
			 semi-independent state agency established under ORS
			 421.344 that is a non-Department
			 of Corrections agency or division. For purposes of these rules only, Oregon
			 Corrections Enterprises shall not be considered an external
			 organization.
(33) Physical Force:
			 The use of hands, other parts of the body, objects, instruments, chemical
			 devices, electronic devices, firearms, or other physical methods used to
			 restrain, subdue, control, or intimidate another person, or to compel another
			 person to act in a particular way or to stop acting in a particular
			 way.
(34) Physical Injury:
			 Impairment of physical condition or substantial pain. An impairment of physical
			 condition can include, but is not limited to, an abrasion, scrape, scratch,
			 bruise, contusion, or swelling.
(35) Possession: To have physical possession
			 of or otherwise exercise dominion or control over property.
(36) Public Safety Officer: Corrections
			 officers, emergency medical dispatchers, emergency medical technicians,
			 firefighters, parole and probation officers, police officers, certified reserve
			 officers, reserve officers, telecommunicators, and regulatory
			 specialists.
(37) Restitution: A
			 monetary amount ordered in accordance with these rules (OAR 291-105).
			 Restitution funds will be credited to the institution or program suffering
			 fiduciary loss or cost from the AIC misconduct and shall be the actual cost
			 incurred.
(38) Security Device: Any
			 fixture, device, or tool, the purpose of which is to assist with safety or
			 security.
(39) Security Threat
			 Activity: AIC behavior that poses a significant threat to the safe and secure
			 operation of a facility.
(40)
			 Security Threat Group (STG): Any group of two or more individuals who:
(a) Have a common name, identifying symbol,
			 or characteristic, which serves to distinguish themselves from others;
			 and
(b) Have members, affiliates,
			 or associates who individually or collectively engage, or have engaged, in a
			 pattern of illicit activity or acts of misconduct that violate Department of
			 Corrections rules; and
(c) Have the
			 potential to act in concert to present a threat, or potential threat, to
			 employees, non-employee service providers, public, visitors, AICs, or the
			 secure and orderly operation of the institution.