reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0100 - 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 (DOC) in accordance with ORS
			 179.040,
			 421.168,
			 421.500 to
			 421.512,
			 423.020,
			 423.030, and
			 423.075
(2) Purpose: To provide uniform procedures
			 for revoking short-term transitional leave authorized under ORS
			 421.168 or nonprison leave
			 authorized under ORS 421.510.
(3) Policy: It is the policy of the
			 Department of Corrections that short-term transitional leave and nonprison
			 leave may be revoked based upon a finding that the terms of leave have been
			 violated, there are substantial reasons or circumstances that warrant the adult
			 in custody be returned to the Department of Corrections, or both, and it has
			 been deemed necessary that the revocation of leave is in the best interest of
			 public safety.
Statutory/Other Authority: ORS
				  179.040,
				  421.068, 423030,
				  423.075 &
				  423.020
Statutes/Other Implemented: ORS
				  179.040,
				  421.068, 423030,
				  423.075 &
				  423.020
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 custody (AIC): Any person under the supervision of the Department of
			 Corrections who is not on parole, post-prison supervision, or probation status.
			 For the purposes of these rules, AIC includes individuals who are in DOC's
			 legal custody but are temporarily outside of DOC's physical custody for reasons
			 that include, but are not limited to, court proceeding, medical appointments,
			 work assignments, programs, or interstate compact. AIC also includes
			 individuals who have been released onto STTL, Non-prison leave, or emergency
			 leave.
(2) Business Day: Monday
			 through Friday, excluding weekends and holidays.
(3) Calendar Day: Every consecutive day on
			 the calendar, including holidays and weekends.
(4) Department of Corrections Facility: Any
			 institution, facility or staff office, including the grounds, operated by the
			 Department of Corrections.
(5)
			 Hearings Officer: A person designated by the Department of Corrections to
			 conduct short-term transitional leave and nonprison leave revocation
			 hearings.
(6) Nonprison Leave: A
			 period of leave not to exceed 90 days preceding an established release date
			 granted to AICs successfully completing the institution phase of an Alternative
			 Incarceration Program (AIP). Nonprison leave is designed to provide AICs with
			 transitional opportunities that promote successful reintegration into the
			 community and is granted in accordance with ORS
			 137.751,
			 421.508, and
			 421.510, and the department's
			 rules on Alternative Incarceration Programs (OAR 291-062).
(7) Releasing Authority: The Assistant
			 Director of the Community Corrections Division, the Functional Unit Manager, or
			 their designee(s).
(8) Revocation
			 Hearing: A hearing to determine whether there is probable cause to believe the
			 AIC has violated one or more conditions of short-term transitional or nonprison
			 leave, whether there are substantial reasons or circumstances that warrant the
			 AIC be returned to the Department of Corrections, or both.
(9) Short-Term Transitional Leave: A period
			 of leave not to exceed 120 days preceding an established release date designed
			 to provide AICs with transitional opportunities that promote successful
			 reintegration into the community. Short-term transitional leave is granted in
			 accordance with ORS 421.168.
Statutory/Other Authority: ORS
				  179.040,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0120 - Revocation Hearing Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the releasing authority has determined that an AIC has violated a
			 condition of short-term transitional leave or non-prison leave, and that
			 revocation of leave is an appropriate response under the Department's rules for
			 Structured, Intermediate Sanctions (OAR 291-058), the Hearings Officer shall
			 conduct a revocation hearing.
(2)
			 If an AIC consents to revocation of leave, a revocation hearing is not
			 required. A revocation of short-term transitional or non-prison leave involving
			 a return to prison may include a future disciplinary hearing as provided in the
			 department's rules on Prohibited Conduct and Processing Disciplinary Actions
			 (OAR 291-105).
Statutory/Other Authority: ORS
				  197.040,
				  423.020,
				  423.030, 423.021,
				  423.075,
				  421.168 &
				  421.504
Statutes/Other Implemented: ORS
				  197.040,
				  423.020,
				  423.030, 423.021,
				  423.075,
				  421.168 &
				  421.504
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0130 - Method of hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Corrections Hearings Unit or its designated representative shall
			 conduct the revocation hearing.
(2)
			 The Hearings Officer may conduct hearings by teleconference, video conference,
			 or in person.
(3) The revocation
			 hearing shall be conducted prior to the physical return of the AIC to DOC
			 custody when feasible but is not required. If the revocation hearing is not
			 conducted prior to the physical return of the AIC to DOC custody, the
			 revocation hearing will be conducted once the AIC is housed in a DOC
			 facility.
Statutory/Other Authority: ORS
				  179.040,
				  421.168,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  421.168,
				  421.500 to
				  421.512,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0140 - Rights at Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The AIC
			 shall be provided written notice of the revocation hearing at least three (3)
			 business days prior to the hearing.
(2) The hearing notice shall include:
(a) A Notice of Rights/Decisions about
			 Rights;
(b) A written statement of
			 alleged violations;
(c) Any
			 documents or evidence which form the basis of the alleged violations;
			 and
(d) The date and location of
			 the hearing.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0150 - Waiver of Revocation Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In all cases, the AIC may waive their right to a revocation hearing by checking
			 the appropriate box and signing the Notice of Rights/Decisions about Rights
			 form.
(2) A refusal to participate
			 in the hearings process, including a refusal to check the appropriate box and
			 sign the Notice of Rights/Decisions about Rights form, will constitute a waiver
			 of the right to a revocation hearing for purposes of this rule.
(3) When the Notice of Rights/Decisions about
			 Rights form is presented to the AIC, the supervising officer or designee shall
			 record or document in writing any statement(s) made by the AIC at the time of
			 the waiver.
(4) If the AIC has
			 waived their right to a revocation hearing and no hearing is held, the
			 supervising officer or designee shall submit the following items to the
			 Hearings Officer for further processing:
(a)
			 Notice of Rights/Decision about Rights form;
(b) Any written statements by the AIC or a
			 summary of the AIC's oral statements;
(c) A Hearing Summary, including a history of
			 local interventions and sanctions ordered and a recommendation regarding
			 disposition;
(d) Any supporting
			 information, including the supervising officer's report and other documentary
			 evidence submitted.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0160 - Rejection of Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
If the Releasing Authority or designee is not satisfied that
				the AIC knowingly and intelligently waived his or her right to a revocation
				hearing or revocation hearing rights, or if additional information is needed
				before making its decision, it may order a new hearing, to be conducted by the
				Hearings Officer.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0170 - Revocation Hearings Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 violation of a condition of leave that warrants a revocation of leave may only
			 be found upon proof by a preponderance of the evidence.
(2) Unless the Hearings Officer finds good
			 cause on the record, the supervising officer shall present information and
			 evidence at the revocation hearing and arrange for the presence of witnesses
			 for the state. The supervising officer shall make dispositional
			 recommendations.
(3) The Hearings
			 Officer shall make a recording of the revocation hearing.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.500 to
				  421.512 &
				  421.168
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.500 to
				  421.512 &
				  421.168
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0180 - Representation/Ability to Pay Attorney Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In a revocation hearing, the Hearings Officer may authorize the appointment of
			 an attorney to assist an AIC in their defense if the Department determines that
			 it is legally required to do so.
(2) In determining whether to appoint an
			 attorney, the Hearings Officer shall consider whether the AIC appears to be
			 capable to speak effectively.
(3)
			 If the Hearings Officer determines that the AIC is indigent and unable to pay
			 for an attorney, the Hearings Officer may appoint an attorney at the
			 Department's expense. If the Hearings Officer approves payment for an attorney
			 at the Department's expense, the payment shall not exceed $100 per hour or $500
			 per case. The attorney shall send the Hearings Officer a billing within 90
			 calendar days of the revocation hearing.
(4) When the Hearings Officer denies an AIC's
			 request for an attorney appointed at the Department's expense, the reason(s)
			 for the denial shall be made part of the record.
Statutory/Other Authority: ORS
				  179.040,
				  423.030,
				  423.040,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Statutes/Other Implemented: ORS
				  179.040,
				  423.030,
				  423.040,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0190 - Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The AIC may
			 present witnesses who have relevant information and may submit relevant
			 documentary evidence at the hearing.
(2) The AIC shall make their own arrangements
			 for calling and presenting witnesses.
(3) Witness statements may be taken in
			 person, by telephone, or by written report or statement.
(4) The AIC has the right to confront the
			 persons or witnesses who have presented information against the AIC.
(5) The Hearings Officer may deny
			 confrontation of witnesses by the AIC if that confrontation would subject the
			 witness to the risk of harm.
(6)
			 The Hearings Officer may limit, or exclude entirely, a witness' oral or written
			 statement(s) if the Hearings Officer determines that they are cumulative or
			 irrelevant.
(7) The Hearings
			 Officer may exclude a witness from the hearing upon finding that the witness'
			 statement(s) would not assist the Hearings Officer in the resolution of the
			 allegation(s), or that the witness' participation or appearance at the hearing
			 would be contraindicated. The reason(s) for the exclusion shall be made part of
			 the record.
(8) If the Hearings
			 Officer denies confrontation of witnesses, the Hearings Officer shall state the
			 reason(s) for the decision and conduct an independent examination of the
			 witness on the record.
(9) The
			 Hearings Officer may not receive a hearsay statement from an unavailable
			 witness for the purpose of establishing that the AIC violated a condition of
			 transitional leave without first applying a balancing test. For purposes of
			 this rule, a hearsay statement is defined as a statement, other than one made
			 by the declarant while testifying at the revocation hearing, offered to prove
			 the truth of the matter asserted. Relevant factors in the balancing process
			 include, but are not limited to:
(a) the
			 importance of the evidence to the ultimate determination;
(b) the offender's opportunity to refute the
			 evidence;
(c) the difficulty and
			 expense of obtaining witnesses; and
(d) the nature and reliability of the
			 evidence.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0200 - Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Hearings
			 Officer may receive the following as evidence at a revocation hearing:
(a) Oral testimony under oath;
(b) Affidavits or other sworn
			 statements;
(c) Letters;
(d) Documents;
(e) Reports made in the course of official
			 duty or professional practice (e.g., reports of law enforcement agencies,
			 parole and post-prison supervision officers, doctors, psychologists,
			 attorneys);
(f) Uncertified copies
			 of letters, documents, or reports shall be admissible in a revocation hearing
			 if there is a reasonable showing by the person submitting the exhibit item that
			 the copy is reliable;
(g) Evidence
			 of criminal activity even when charges have been dismissed, not brought, or the
			 AIC has been acquitted at trial;
(h) Any evidence determined to be material,
			 relevant, and reliable, regardless of its nature.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0210 - Postponement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Hearings
			 Officer may postpone a revocation hearing for good cause and for a reasonable
			 period of time.
(2) The criteria
			 for "good cause" includes, but is not limited to:
(a) The preparation of defense;
(b) Illness or unavailability of the AIC on
			 leave or other persons;
(c)
			 Gathering of additional evidence; or
(d) Avoiding interference with an ongoing
			 police investigation or pending prosecution.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0220 - Hearings Officer Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 the conclusion of a revocation hearing, the Hearings Officer shall decide
			 whether:
(a) The evidence submitted did not
			 support the allegations of the specified condition(s) of leave violated;
			 or,
(b) The evidence submitted does
			 support the specified allegation(s) that one or more conditions of leave had
			 been violated.
(c) If the Hearings
			 Officer determines that the evidence submitted does not support the allegations
			 of the specified condition(s) of leave violated, the supervising officer may
			 submit a new violation report.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0230 - Reopening Revocation Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After the completion of a revocation hearing, the Hearings Officer may reopen a
			 hearing if substantial new information is discovered which was not known or
			 could not be anticipated at the time of the hearing and which would
			 significantly affect the outcome of the hearing.
(2) The Hearings Officer shall send the AIC
			 notice of the decision to reopen the revocation hearing and the new information
			 to be considered. The reopened hearing shall conform to the procedures of these
			 rules.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0240 - Revocation Hearings Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 revocation hearings record shall include:
(a)
			 A Hearings Report Summary;
(b) A
			 written statement of alleged violations;
(c) Supporting materials, including
			 documentary evidence admitted;
(d)
			 A signed Notice of Rights/Decisions about Rights;
(e) The short-term transitional or nonprison
			 leave conditions;
(f) A notice of
			 time and place of hearing;
(g) An
			 audio recording of the advisement of rights and the hearing;
(h) The supervising officer's report,
			 including recommended dispositions;
(i) The history of supervision, local
			 sanctions and modifications; and
(j) If any, the written waiver of the AIC's
			 right to three business days' notice of the hearing.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0250 - Administrative Review of the Hearings Officer's Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The AIC may request an administrative
			 review of the Hearings Officer's findings by submitting a request in writing to
			 the Releasing Authority or designee within ten calendar days of the completion
			 date on the Hearings Officer's report.
(2) Upon receipt of the petition for
			 administrative review, the Releasing Authority or designee shall review the
			 case to determine:
(a) Was there substantial
			 compliance with the rule (OAR 291-066);
(b) Was the finding based upon a
			 preponderance of evidence.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0260 - Releasing Authority Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a case comes before the Releasing
			 Authority for decision, the Releasing Authority shall consider the Hearings
			 Officer's findings, the revocation hearings packet, mitigating factors, and
			 administrative review of the Hearings Officer's findings if
			 applicable.
(2) The Releasing
			 Authority may adopt or modify the Hearings Officer's findings. The releasing
			 authority may also request that the hearing be reopened to consider additional
			 evidence.
(3) If the Hearings
			 Officer finds that the alleged violation(s) of short-term leave or nonprison
			 leave are not supported by a preponderance of the evidence and dismisses the
			 case, then the Releasing Authority may request that the hearing be reopened to
			 consider additional evidence.
(4)
			 Within seven business days of receipt of the Hearings Officer's findings, the
			 Releasing Authority shall enter a decision and issue a final order.
(5) If the Releasing Authority fails to act
			 on the Hearings Officer's findings within seven business days following its
			 receipt, the Hearings Officer's findings shall become final.
Statutory/Other Authority: ORS
				  179.040,
				  423.030,
				  423.020,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Statutes/Other Implemented: ORS
				  179.040,
				  423.030,
				  423.020,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 66 - LEAVE REVOCATION HEARINGS › Section 291-066-0270 - Continuance on Short-Term Transitional or Nonprison Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Releasing Authority may continue an
			 AIC on short-term transitional or nonprison leave and order modification of
			 sanction time to be served.
(2) The
			 Releasing Authority may continue an AIC on short-term transitional or nonprison
			 leave and order administrative sanctions.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  421.168 &
				  421.500 to
				  421.512
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0200 - 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 the identification and
			 management of individual adults in custody (AIC) and groups of adults in
			 custody that, in the judgment of the department, present an elevated security
			 threat risk.
(3) Policy:
(a) Security threat activity by individual
			 adult in custody or groups of adults in custody poses a serious threat to the
			 safe, secure, orderly, or efficient operation and management of Department of
			 Corrections facilities, and the safety and security of department employees,
			 adults in custody, and the public. For these reasons, it is the policy of the
			 Department of Corrections to maintain zero tolerance for significant security
			 threat related behavior and activity by adults in custody under its custody and
			 control. In furtherance of this policy, the Department of Corrections will:
(A) Identify and effectively manage adults in
			 custody and groups of adults in custody that, in the judgment of the
			 department, present an elevated security threat risk based on their criminal
			 history, institutional conduct history, present behavior, interstate transfer
			 status, escape history, custody level reassignment, intelligence, or other
			 available information. Effective adult in custody management may include
			 intensive interaction with the adult in custody by trained Security Threat
			 Management managers, and the suspension, restriction, or modification of
			 department programs and services on an individualized basis, in accordance with
			 these rules. The department may utilize risk assessment tools to assist the
			 department in identifying adults in custody that present an elevated security
			 threat risk.
(B) Maintain an
			 information network to monitor and control security threat behavior and
			 activity and provide intelligence information to department staff.
(C) Investigate security threat related
			 behavior or activity by adults in custody in a fair and objective
			 manner.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of the Department of
			 Corrections who is not on parole, probation, or post-prison supervision
			 status.
(2) Intelligence File:
			 Those documents maintained by the Department of Corrections for administrative
			 and case management purpose.
(3)
			 Security Threat Activity: Adult in custody behavior which poses a significant
			 threat to the safe and secure operation of the facility, including, but not
			 limited to, threatening or inflicting bodily injury on another person, posing a
			 high risk of escape, promoting or engaging in disruptive group behavior,
			 distributing a controlled substance, or being involved in any other activity
			 that could significantly threaten the safe and secure operation of the
			 facility.
(4) Security Threat Group
			 (STG): Any group of two or more individuals who:
(a) Have a common group name, identifying
			 symbol, or characteristic which serves to distinguish themselves from
			 others.
(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 violates
			 Oregon Department of Corrections rules.
(c) Have the potential to act in concert to
			 present a threat, or potential threat, to staff, public, visitors, adults in
			 custody, offenders, or the secure and orderly operation of the
			 institution.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0220 - Institution Intelligence Officer(s)

Current through Register Vol. 63, No. 7, July 1, 2024
Each functional unit manager shall designate one security
				manager or Assistant Superintendent of Security, and a designated backup, to
				act as the institution intelligence officer. This employee will be the direct
				liaison of STM intelligence information between the STM lieutenant and the
				institution. The purpose of this is to get intelligence information to the
				institution at a level capable of making immediate management decisions based
				on the intelligence received.
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 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0230 - Identification of AICs That Present Elevated Security Threat Risk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 will identify adults in custody and groups of adults in custody that present an
			 elevated security threat risk for management by the department's STM
			 Unit.
(2) The department will
			 identify adults in custody that present an elevated security threat risk based
			 on the following:
(a) A predicate statement
			 submitted by staff based on consideration of an adult in custody's criminal
			 history, institutional conduct history, present behavior, interstate transfer
			 status, escape history, custody level reassignment, intelligence, or other
			 available information;
(b) A risk
			 assessment conducted by the department based on an AIC's age, sentence length,
			 type of offense, STG affiliation, mental illness, and custody rating;
			 or
(c) An adult in custody's
			 reassignment from a custody level 5 to a custody level 4.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0240 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The STM Unit will produce a periodic security threat management
				report and distribute the report to the Director, Deputy Director, Assistant
				Directors, Inspector General, Institutions Administrator, Chief of Security,
				institution functional unit managers, and other criminal justice agencies as
				requested or required by the Director or designee.
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 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0250 - Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearings
			 officers and adjudicators shall report all disciplinary actions which involve
			 security threat related activity to the STM Lieutenant to assist in tracking
			 security threat group activity, trends, etc.
(2) Any AIC found in violation of a rule(s)
			 of prohibited AIC conduct which involved security threat activity may be
			 subject to a review from the STM Unit.
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 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0260 - Security Threat Group Paraphernalia

Current through Register Vol. 63, No. 7, July 1, 2024
All security threat group paraphernalia, as defined in this
				rule, is unauthorized and considered contraband within Department of
				Corrections facilities and is subject to confiscation. Security threat group
				paraphernalia may be used to further document and validate security threat
				group identification and classification.
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 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0270 - Management of AICs Presenting an Elevated Security Threat Risk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) AICs identified
			 by the department as presenting an elevated security threat risk may be managed
			 by the department's STM Unit.
(2)
			 AIC Management Plans: The STM Lieutenant will develop an approved AIC
			 management plan for each AIC identified and assigned by the department for
			 management by the department's STM Unit.
(a)
			 The AIC management plan will be in writing and describe the behavior or other
			 circumstance(s) or information that resulted in the AIC's identification as
			 presenting an elevated threat risk, and the department's corresponding program
			 and behavior expectations for the AIC.
(b) The AIC management plan may direct the
			 denial, removal, suspension, restriction, or modification of AIC programs,
			 services, or activities ordered for the AIC to encourage the AIC to modify
			 their behavior to conform to department rules, standards, and staff
			 expectations, and to advance the AIC towards appropriate pro-social behavior,
			 in accordance with these rules.
(c)
			 The AIC management plan will document any denial, removal, suspension,
			 restriction, or modification of AIC programs, services, or activities ordered
			 for the AIC.
(d) The STM Lieutenant
			 will provide each AIC with a copy of their own AIC management plan.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 69 - SECURITY THREAT MANAGEMENT › Section 291-069-0280 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An adult in
			 custody who has been identified by the department as presenting an elevated
			 threat risk and has been assigned for management by the STM Unit may obtain an
			 administrative review of the action in accordance with this rule, by submitting
			 a written request for administrative review to the STM Assistant Inspector
			 General or designee at the department's central administrative offices.
(a) The administrative review request must
			 specify the reason(s) why the adult in custody believes that their own elevated
			 threat security risk identification is inappropriate. The request for review
			 must also include any supporting documentation by the adult in custody to be
			 considered in reviewing the appropriateness of the AIC's elevated security
			 threat risk identification.
(b) The
			 STM Assistant Inspector General or designee must receive the administrative
			 review request within 15 days of the issuance of the AIC management plan to the
			 adult in custody.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0100 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish standards for the control, maintenance and disposition of file
			 materials pertaining to individuals committed to the supervision of the
			 Department of Corrections.
(3)
			 Policy: It is the policy of the Oregon Department of Corrections that files on
			 Department of Corrections inmates and offenders will be maintained in a manner
			 which assures the availability of file material necessary for case management.
			 Additionally, relevant file material which serves to preserve an historical
			 record of the individual's period of supervision shall be maintained and
			 retained for specified periods of time following the individual's release from
			 supervision.
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stat Impl: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Archives: The
			 state repository for public records having a legal or historical value but for
			 which immediate access is not required. The location where the official files
			 of Department of Correctional felony inmates and offenders are permanently
			 maintained.
(2) Department of
			 Corrections Facility: Any institution, facility, or staff office, including the
			 grounds, operated by the Department of Corrections.
(3) Functional Unit: Any organizational
			 component within the Department of Corrections responsible for the delivery of
			 services or coordination of programs.
(4) Functional Unit Manager: Any person
			 within the Department of Corrections who reports to the Director, Deputy
			 Director, an Assistant Director, or administrator and has responsibility for
			 the delivery of program services or coordination of program
			 operations.
(5) Inmate: Any person
			 under the supervision of the Department of Corrections who is not on parole,
			 post-prison supervision, or probation status.
(6) Offender: Any person under the
			 supervision of the Department of Corrections who is on parole, probation, or
			 post-prison supervision status.
(7)
			 Offender Information and Sentence Computation (OISC): The centralized
			 functional unit which maintains working files after an inmate is released from
			 a Department of Correctional facility.
(8) Record: Includes, but is not limited to,
			 a document, book, paper, photograph, file, sound recording or machine readable
			 electronic record, regardless of physical form or characteristics, made,
			 received, filed or recorded in pursuance of law or in connection with the
			 transaction of public business, whether or not confidential or restricted in
			 use. (ORS 192.005)
(9) Records Officer: Refers to the person
			 designated by a state agency or political subdivision in accordance with ORS
			 192.105(2)(a).
			 The OISC Administrator is the Department of Corrections Records Officer and has
			 the duty to archive and seal offender records in compliance with these rules.
(10) Retention Schedule: Either a
			 General Schedule published by the State Archivist in the Oregon Administrative
			 Rules in which certain common public records are described or listed by title
			 and a retention period is established for each, or a Special Schedule approved
			 by the state Archivist for the public records of a specific agency.
(11) Sealing Inmate or Offender Records: The
			 physical sealing of offender file material by order of the court accomplished
			 by OISC.
(12) Working File: Those
			 documents maintained in a Department of Corrections facility, Community
			 Corrections office, or functional unit for administrative, operational or case
			 management purposes.
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stat Impl: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0115 - Working File

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Establishment
			 of Working File: Working files on all Department of Corrections inmates shall
			 be established upon initial reception at a Department of Corrections facility
			 or intake center.
(2) Working files
			 shall remain decentralized to ensure the staff members who work with them have
			 access to them.
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stat Impl: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0120 - Access to Files

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only
			 employees of the Department of Corrections and representatives of criminal
			 justice agencies shall have authorized access to inmate and offender files.
			 Department of Corrections employees shall request access to inmate/offender
			 files for business purposes directly related to the employee's current position
			 duties and responsibilities only.
(a) An
			 example of acceptable access would include an employee reviewing an
			 inmate's/offender's file because the inmate/offender is in the employee's
			 housing unit or on the employee's caseload.
(b) An example of unacceptable access would
			 include an employee reviewing the file on their neighbor for personal
			 background purposes.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0125 - Transporting Working Files

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will use proper security controls for transportation of inmate and
			 offender working files during transit between institutions, functional units,
			 agencies or customers.
(2) Each
			 functional unit that sends, receives or transports confidential or sensitive
			 offender information is responsible to assure that the information is protected
			 appropriately during transit from loss, destruction or unauthorized access.
			 (DAS Statewide Policy 107-004-100, Transporting Information Assets).
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stat Impl: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0130 - Retention and Destruction of Offender Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Archivist grants authorization
			 to Oregon government agencies, in the form of records retention schedules, for
			 the retention or disposition of public records in their custody.
(2) Centralized control over retention and
			 disposition of all records will be in accordance with state statutes.
(3) Agency working files will be maintained
			 in accordance with the approved Special Schedule.
(4) At the time of closure of Community
			 Corrections working files, the closing summary and other required documents
			 will be sent to OISC for archiving in accordance with the State Office
			 Operations Network approved protocol. Community Corrections Offices will retain
			 working file documents in accordance with the State Archivist
			 schedule.
(5) Medical, dental, and
			 mental health treatment files on inmates confined in a Department of
			 Corrections facility will be maintained in accordance with the Department of
			 Corrections rule on Health Services (Inmate) (OAR 291-124).
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 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0135 - Public Requests for Inmate/Offender Records

Current through Register Vol. 63, No. 7, July 1, 2024
It is the responsibility of all persons using Department of
				Corrections files, including consultants, contract personnel, and volunteers,
				to ensure the confidentiality of and provide access to inmate and offender
				working files in strict accordance with the provisions outlined below:
(1) Inmate and Offender records will be
			 released in accordance with the Department of Corrections rule on Release of
			 Public Record (OAR 291-037).
(2)
			 Verbal inquiries regarding Department of Corrections files and records from any
			 source, including the inmate, will be responded to in accordance with the
			 Department of Corrections rule on Release of Public Information (OAR
			 291-039).
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stat Impl: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 70 - RECORDS MANAGEMENT (INMATE AND OFFENDER) › Section 291-070-0140 - Sealing of Inmate or Offender Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sealing of a working file or record may
			 only be accomplished after receipt of a certified order from the
			 court;
(2) Upon receipt of a
			 certified order directing a working file or record be sealed, when the inmate's
			 or offender's file is available, staff will attach any and all inmate and
			 offender material to the court order and forward the court order and file
			 material to OISC for sealing.
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stat Impl: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 71 - THERAPEUTIC RESTRAINTS (USE OF) › Section 291-071-0010 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030 &
			 423.075
(2) Purpose: The purpose of this rule is to
			 provide guidance and direction to staff responsible to assess, administer and
			 evaluate the use of therapeutic restraints for medical or mental health
			 treatment.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to authorize the use of therapeutic restraints in the uses
			 specified in this rule. In those circumstances where therapeutic restraints are
			 authorized, the type, the amount and manner are further specified within this
			 rule;
(b) The use of therapeutic
			 restraints is authorized by the Director through the verbal or written order of
			 a physician.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 71 - THERAPEUTIC RESTRAINTS (USE OF) › Section 291-071-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clinical
			 Record: The record of mental health treatment provided to an inmate. This
			 record is maintained as part of the inmate's individual medical
			 record.
(2) Inmate: Any person
			 under the supervision of the Department of Corrections who is not on parole,
			 probation or post-prison supervision status.
(3) Therapeutic Restraint: A type of
			 restraint applied to an inmate for medical or mental health treatment and
			 designed to limit an inmate's movements.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 71 - THERAPEUTIC RESTRAINTS (USE OF) › Section 291-071-0030 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Therapeutic
			 restraints shall be used to control a mentally disordered inmate only in an
			 emergency. An emergency exists when, because of an inmate's behavior:
(a) There is a substantial likelihood of
			 immediate harm to the inmate or others in the facility; or
(b) There is a substantial likelihood of
			 significant property damage; or
(c)
			 Less restrictive measures are deemed ineffective to manage behavior.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 71 - THERAPEUTIC RESTRAINTS (USE OF) › Section 291-071-0040 - Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Therapeutic
			 restraint shall be applied only upon the verbal or written order of a
			 physician. In the absence of a physician, a registered nurse may authorize
			 application of therapeutic restraint for a period not to exceed one hour. The
			 nurse shall document the specific behavior which required application of
			 therapeutic restraint in the inmate's clinical record.
(2) A physician shall personally assess the
			 inmate prior to or within three hours following application of therapeutic
			 restraint to assess the inmate and evaluate the appropriateness of the use of
			 therapeutic restraint.
(3) Any
			 evaluation of the appropriateness of the use of therapeutic restraint by a
			 nurse and/or physician shall include consideration of the following:
(a) The inmate's behavior;
(b) The need to protect staff and others in
			 the facility;
(c) The inmate's
			 present physical ability to engage in violent or destructive
			 behavior;
(d) The inmate's response
			 to various methods of control;
(e)
			 The risk or degree of physical or psychological harm and discomfort that
			 accompanies the use of therapeutic restraints; and
(f) The risk or degree of interference with
			 the inmate's treatment program, if any.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 71 - THERAPEUTIC RESTRAINTS (USE OF) › Section 291-071-0050 - Time Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any order
			 authorizing use of therapeutic restraint expires after 12 hours.
(2) A physician may renew the order for a
			 second 12-hour period.
(3) If
			 therapeutic restraint is necessary for more than 24 consecutive hours, a second
			 consulting physician must approve the order.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 71 - THERAPEUTIC RESTRAINTS (USE OF) › Section 291-071-0060 - Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate will
			 be released from therapeutic restraint by the officer-in-charge or clinical
			 staff as soon as it is reasonable to believe the behavior authorizing use of
			 therapeutic restraint will not immediately resume.
(2) Therapeutic restraint shall be terminated
			 when two waking hours have passed during which the inmate has remained
			 calm.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075