reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0050 - Requesting Access to Facilities and Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will accommodate requests
			 by media representatives for access to Department facilities and programs if
			 the access is consistent with the Department's policies and procedures set
			 forth in these rules. The decision whether to approve a request for media
			 access is committed to the sole discretion of the functional unit
			 manager.
(2) Generally, the
			 Department requires at least 24-hour advance notice to accommodate requests for
			 access.
(3) The Department will
			 accommodate requests for access only during normal business hours. When a
			 program or newsworthy event occurs outside normal business hours, access will
			 be dependent on availability of a PIO or staff escort designed by the
			 functional unit manager.
(4) Media
			 representatives may arrange for tours of Department prisons in accordance with
			 the Department's rules on Tours (OAR 291-009).
(5) Requests for media access that, in the
			 judgment of the functional unit manager, may jeopardize the safety and security
			 of the facility, staff, visitors or inmates will be denied.
(6) Process to Request Access: Media
			 representatives who desire to access a DOC facility shall contact the
			 appropriate PIO or Public Affairs Manager. The media representative will be
			 provided with a "Media Access Request" form (CD 204) to complete.
(7) If a request for access is authorized,
			 the media representative(s) must submit the following information for a
			 security check:
(a) Full name;
(b) Date of birth;
(c) Driver license number; and
(d) List of cities and states lived in over
			 the past five years.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0060 - Media Access to Designated Inmates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interviews with designated Department
			 inmates requested by the media may be approved by the functional unit manager,
			 with the inmate's consent, if in the judgment of the functional unit manager
			 the interview is consistent with the Department's mission and goals and the
			 safe, secure and orderly management and operation of the facility, and is not
			 inconsistent with the inmate's correctional planning and
			 rehabilitation.
(2) Media
			 interviews of designated Department inmates will be treated as special visits
			 in accordance with the Department's rule on Special Visits (OAR
			 291-127-280).
(3) Interviews of
			 Special Status Inmates:
(a) Media interviews
			 with the following inmates generally will not be permitted:
(A) Inmates who are assigned to special
			 housing units;
(B) Inmates who are
			 the subject of an internal or external investigation;
(C) Inmates who are on intake
			 status;
(D) Inmates who are on
			 basic visiting status; and
(E)
			 Inmates under 18 years of age.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0070 - Tools of the Trade

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Media
			 representatives granted access to a DOC facility generally will be permitted to
			 use "tools of the trade" with the exception of privileged and basic visiting.
			 However, the Department may limit the number and type of tools of the trade
			 that media representatives may bring into a facility to make still and video
			 pictures and audio recordings.
(a) All
			 approved equipment will be searched and inventoried prior to accessing the
			 facility. Inventories of all media equipment taken into a facility will be
			 completed prior to access.
(b)
			 Notebooks and writing implements will be allowed. They may be provided by the
			 facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0080 - Access by Unaffiliated Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unaffiliated persons may request a tour
			 of a facility in accordance with the Department's rules on Tours (OAR
			 291-009).
(2) Requests to interview
			 designated inmates made by unaffiliated persons will not be permitted.
			 Unaffiliated persons may contact an inmate by mail, receive telephone calls
			 from an inmate, or be placed on the inmate's visiting list as provided in
			 Writing, Telephoning and Visiting an Inmate (OAR
			 291-204-0040).
(3) In extraordinary circumstances the
			 Department may, in its sole discretion, grant unaffiliated persons access to
			 DOC facilities and programs for a specific project when, in the judgment of the
			 Department, the requested access will substantially further the interests of
			 the State of Oregon or the Department's mission and goals; is consistent with
			 the safe, secure and orderly management and operation of the facility; and is
			 not inconsistent with inmates' correctional planning and
			 rehabilitation.
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 205 - VICTIM SERVICES PROGRAM › Section 291-205-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Communications:
			 All communications by a crime victim, survivor or inmate, or by a program
			 facilitator, Victim Services Advisory Committee member, Facilitated Dialogue
			 Program staff, or Responsibility Letter Bank Program staff that are made in the
			 course of or in connection with a facilitate dialogue or a responsibility
			 letter conducted pursuant to these rules. The communications include but are
			 not limited to:
(a) All memoranda, assessment
			 and evaluation forms, documents and other materials, including letters that are
			 prepared for or submitted in connection with a facilitated dialogue or
			 responsibility letter; and,
(b) All
			 communications, whether oral, written or recorded, made during the intake of a
			 case, during preparations for a facilitated dialogue or a responsibility
			 letter, during any joint in-person meetings or telephone calls, and during any
			 post-dialogue meetings or conversations
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0030 - Victim Services Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Victim Services Advisory Committee
			 will operate under the direction of the department's designee.
(2) The Victim Services Advisory Committee
			 will advise and assist the department's designee with the recruitment,
			 training, supervision and evaluation of Facilitated Dialogue Program
			 facilitators; the development and the administration of the Facilitated
			 Dialogue Program; the gathering of support and resources for the Facilitated
			 Dialogue Program and the Responsibility Letter Bank Program; and other elements
			 of the Victim Services Programs.
(3) The Victim Services Advisory Committee
			 will also provide comment to the department's designee regarding the
			 department's administrative rules governing the Facilitated Dialogue Program,
			 the Responsibility Letter Bank Program.
Statutory/Other Authority: 423.020, 423.030, 423.075 &
				  179.040
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0040

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 205 - VICTIM SERVICES PROGRAM › Section 291-205-0050 - General Components of the Facilitated Dialogue Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation
			 in a facilitated dialogue case is voluntary for the crime victim or survivor
			 and the inmate.
(2) A facilitated
			 dialogue process can only be initiated by a crime victim or survivor.
(a) Inmate requests for a facilitated
			 dialogue will not be considered by the department, except to the extent that
			 they will be kept on file by the department in the event that an inmate's crime
			 victim or survivor contacts the program.
(b) Crime victim or survivor requests will be
			 considered only in relation to those crimes for which the inmate has exhausted
			 or elected not to pursue all appeals, Board of Parole and Post-Prison
			 Supervision administrative actions, and other legal remedies that are available
			 to challenge the validity of the inmate's conviction and sentence.
(c) Crime victim or survivor requests may be
			 considered for harms arising from non-adjudicated crimes if all other
			 eligibility criteria is met.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0060 - Crime Victim or Survivor and their Support Persons Participation in a Facilitated Dialogue

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A crime
			 victim or survivor who wishes to participate in the Facilitated Dialogue
			 Program must:
(a) Act in "good faith" during
			 the facilitated dialogue, this means that participants will be honest with and
			 respectful of one another and the guidelines of the program. Participants will
			 accept and follow the program facilitators' direction over the course of the
			 process.
(b) Refrain from engaging
			 in inappropriate personal relationships that go beyond the focus area or the
			 purpose and function of the facilitated dialogue with the participants or
			 facilitators. Any conflict of interests with participants and program
			 facilitators that may exist or develop over the course of the dialogue process
			 will be reported the Victim Services Program Cordinator.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0070 - Inmate and their Support Persons Participation in a Facilitated Dialogue

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 inmate who wishes to participate in a facilitated dialogue must:
(a) Consent to a psychiatric/mental health
			 assessment for the purpose of evaluating their suitability to participate in a
			 facilitated dialogue with the crime victim or survivor;
(b) Acknowledge guilt and take responsibility
			 for his or her crime, and be willing to respond to the crime victim's or
			 survivor's needs to the satisfaction of the program staff and
			 facilitators;
(c) Act in "good
			 faith" during the facilitated dialogue and accept and follow the facilitators'
			 direction over the course of the facilitated dialogue; and
(d) Refrain from engaging in inappropriate
			 personal relationships with the participants or facilitators of a facilitated
			 dialogue.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0080 - Facilitated Dialogue Program Facilitator Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Facilitator Qualification, Selection,
			 Assignment, Supervision, and Termination:
(a)
			 The functional unit manager and designee maintain sole discretion over the
			 qualifications, selection, assignment, and termination of program facilitators
			 who participate in the Facilitated Dialogue Program.
(b) The Victim Services Program coordinator
			 will assign program facilitators to a specific facilitated dialogue as needed.
(c) The Victim Services Program
			 coordinator will provide direction and supervision of all program facilitators
			 assigned to cases and instruction as to appropriate intervals for debriefings.
(d) The Victim Services Program
			 coordinator may terminate a program facilitator's participation in a specific
			 facilitated dialogue for any reason.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0090 - Facilitated Dialogue Intake Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Intake evaluation: Upon receiving a crime
			 victim's or survivor's request to participate in the Facilitated Dialogue
			 Program, the program will evaluate the request and determine whether the
			 Facilitated Dialogue Program is appropriate for the crime victim or survivor
			 and the inmate.
(2) Minimum
			 content of evaluation: When conducting the intake assessment, the Facilitated
			 Dialogue Program through its staff, program facilitators or advisory committee
			 members will, at a minimum, do the following:
(a) Interview the crime victim or survivor to
			 describe the process, determine the nature of the crime, time elapsed since the
			 crime, and other factors that address the past and present impacts of the crime
			 on the crime victim or survivor and why the crime victim or survivor wants to
			 participate in the Facilitated Dialogue Program.
(b) Contact appropriate staff at the
			 institution where the inmate is incarcerated to determine if the inmate is
			 eligible to participate. Program staff or volunteers designated by the Victim
			 Services Program will conduct a preliminary interview with the inmate.
(c) Provide the inmate and the
			 crime victim or survivor with copies of the confidentiality agreement and
			 agreements to participate. Execution of these agreements is necessary before
			 the facilitated dialogue will continue.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0100 - Facilitated Dialogue Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A facilitated dialogue may include one or more facilitated dialogue meetings. A
			 facilitated dialogue meeting offers the crime victim or survivor and the inmate
			 the opportunity to discuss the crime and its impacts.
(2) When the Facilitated Dialogue Program has
			 authorized a facilitated dialogue meeting, the functional unit manager or
			 designee may in his or her discretion approve a special visit or visits between
			 the crime victim or survivor and the inmate for the purpose of the facilitated
			 dialogue meeting as an exception to the department's general rule prohibiting
			 visits between an inmate and his or her crime victim, OAR
			 291-127-0230.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0110 - Facilitated Dialogue Post-Meeting Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the facilitated dialogue meeting, a
			 facilitator will contact the crime victim or survivor and the inmate to discuss
			 the meeting and evaluate the process. The contact should take place within 72
			 hours after the facilitated dialogue meeting and thereafter as approved by the
			 Facilitated Dialogue Program.
(2)
			 After the facilitated dialogue meeting, a program facilitator will report to
			 the Facilitated Dialogue Program. The Facilitated Dialogue Program may use the
			 report to evaluate the facilitated dialogue and the program.
(3) Upon conclusion of the post-meeting
			 contacts and reports, a facilitated dialogue is terminated.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0120 - Confidentiality of Facilitated Dialog Communications, Exceptions

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
			 423.605.
(2) Except as provided in section (3) of this
			 rule, Facilitated Dialogue Program communications are confidential and:
(a) Shall not be disclosed to any other
			 person;
(b) Shall not be disclosed
			 during discovery in any subsequent administrative, judicial or arbitration
			 proceeding;
(c) Shall not be
			 admissible as evidence in any subsequent administrative, judicial or
			 arbitration proceeding; and,
(d) No
			 program facilitator, advisory committee member, or program staff person shall
			 be compelled to testify or produce evidence concerning a facilitated dialogue
			 communication.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0200 - General Components of the Responsibility Letter Bank Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Participation
			 in the Responsibility Letter Bank Program is voluntary for the crime victim or
			 survivor, and for the inmate.
(2)
			 Inmates who wish to participate must submit a request to the Responsibility
			 Letter Bank Program through Department of Corrections Victim
			 Services.
(3) Accepted letters will
			 be deposited into the Responsibility Letter Bank and the inmate will be
			 notified that the letter was accepted by the Victim Services Program.
(4) The crime victim or survivor
			 may inquire with the Victim Services Program if there are any pending letters
			 addressed to them. Victim Services will not initiate the first contact with the
			 crime victim or survivor.
(5) If a
			 letter is written to multiple crime victims or survivors, a copy of the letter
			 will be sent to the requesters and Victim Services will retain the
			 original.
(6) Notwithstanding OAR
			 291-131-0015, inmates and crime
			 victims or survivors participating in the Responsibility Letter Bank program
			 may exchange letters only as permitted under the program.
Statutory/Other Authority: 423.020, 423.030, 423.075, 179.040
				  & 423.615
Statutes/Other Implemented: 423.020, 423.030, 423.075,
				  179.040 & 423.615
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0210 - Participation of Inmate in Responsibility Letter Bank Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate who
			 wishes to participate in the Responsibility Letter Bank Program must do so by
			 submitting an inmate communication form or other written request to the Victim
			 Services Program or by requesting to do so through their institution counselor
			 or Chaplain.
(2) To participate,
			 inmates must acknowledge guilt, take responsibility for the crime and be
			 willing to express those sentiments in their responsibility letter.
(3) Sentence, Reward, or Status Gain from
			 Participation:
(a) An inmate's participation
			 in the Responsibility Letter Bank program will not affect the inmate's sentence
			 or status within the correctional facility.
(b) Participation in the Responsibility
			 Letter Bank Program will not be assigned or evaluated as part of the inmate's
			 Oregon Corrections Plan for purposes of the Performance Recognition and Awards
			 System (OAR 291-077) or application of any earned time credits or extra good
			 good time credits (OAR 291-097).
(c) Inmates will not receive any benefit
			 because of their participation in the Responsibility Letter Bank Program other
			 than any benefits that are inherent to their participation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0220 - Participation of a Crime Victim or Survivor in the Responsibility Letter Bank Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A crime
			 victim or survivor may inquire with the Victim Services Programs Unit if there
			 is a letter written to them by the inmate.
(2) Crime victims or survivors may register
			 for the Responsibility Letter Bank program by contacting the Victim Services
			 Program.
(3) A crime victim or
			 survivor must be at least 18 years of age to receive a letter.
(4) The Victim Services Program Coordinator
			 will only notify the crime victim or survivor that a responsibility letter has
			 been accepted into the repository if the crime victim or survivor has
			 registered for notification or is inquiring into any pending letters.
(5) The crime victim or survivor
			 shall decide to receive the responsibility letter and whether or not the inmate
			 is informed that the letter was requested or received.
(6) Prior to releasing a responsibility
			 letter, the Victim Services Program Coordinator will verify the identity of the
			 recipient as the crime victim or survivor addressed in the letter.
(7) A crime victim or survivor may send one
			 reply letter to the inmate. The letter shall be sent to Victim Services Program
			 Coordinator for screening and forwarded to the inmate if it is determined to be
			 acceptable.
(8) A reply letter may
			 be deemed unacceptable if it contains:
(a)
			 Inappropriate or sexual language or content;
(b) Threats of harm, violence, or revenge;
			 and or,
(c) Addresses, phone
			 numbers, or other contact information.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 205 - VICTIM SERVICES PROGRAM › Section 291-205-0230 - Confidentiality of Responsibility Letter Bank Program Communications, Exceptions

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 423.605
(2) Except as provided in section (3) of this
			 rule, responsibility letter bank program communications and are confidential
			 and:
(a) Shall not be disclosed to any other
			 person;
(b) Shall not be disclosed
			 during discovery in any subsequent administrative, judicial or arbitration
			 proceeding:
(c) Shall not be
			 admissible as evidence in any subsequent administrative, judicial or
			 arbitration proceeding; and,
(d) No
			 advisory committee member or program staff person shall be compelled to testify
			 or produce evidence concerning a responsibility letter
			 communication.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 206 - ACTIVE AND INACTIVE PROBATION › Section 291-206-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030,
			 423.075,
			 423.478,
			 423.483,
			 423.525, and
			 423.530.
(2) Purpose: The purpose of these rules is to
			 describe the manner in which an offender sentenced to probation under the rules
			 of the Oregon Criminal Justice Commission may be placed on inactive supervision
			 or returned to active supervision in accordance with the provisions of Or Laws
			 2009 Ch 660.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections that eligible offenders sentenced to probation may be considered by
			 the supervisory authority for a reduction in the period of active probation for
			 compliance with conditions of probation and their supervision plan pursuant to
			 Or Laws 2009 Ch 660, as provided in these rules.
(b) Offenders whose supervision has been
			 transferred to another state under the Interstate Compact for Adult Offender
			 Supervision are ineligible for inactive probation under these rules.
(c) These rules apply to offenders convicted
			 of a crime committed before July 1, 2011, and who are on probation on or after
			 February 24, 2010.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 206 - ACTIVE AND INACTIVE PROBATION › Section 291-206-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Active
			 Probation Supervision: Supervision requiring the supervising officer's regular
			 contact and monitoring to assure continued compliance with the general and
			 special conditions of probation supervision.
(2) Compensatory Fines: A court-imposed
			 penalty for the commission of a crime resulting in injury for which the person
			 injured has a remedy by civil action (unless the issue of punitive damages has
			 been previously decided on a civil case arising out of the same act and
			 transaction). The court may award compensatory fines in addition to
			 restitution.
(3) Compliance with
			 the Conditions of Probation and Supervision Plan: For purposes of these rules
			 an eligible offender shall be deemed by the supervisory authority to be in
			 compliance with the conditions of probation and any applicable supervision plan
			 if:
(a) All special conditions imposed by the
			 sentencing court for the offender on the term of probation under consideration
			 for inactive supervision have been satisfactorily completed, including the full
			 payment of any restitution or compensatory fine ordered;
(b) There have been no technical violations
			 of probation conditions reported to the sentencing court for the immediate six
			 months prior to the consideration for inactive status;
(c) There have been no new crime violations
			 of probation conditions reported to the sentencing court during the term of
			 probation under consideration for inactive supervision; and
(d) All terms of any applicable supervision
			 plan have been satisfied.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 206 - ACTIVE AND INACTIVE PROBATION › Section 291-206-0015 - Period of Active Probation Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in subsections (2),
			 (3), and (4) of this rule, all persons convicted of a felony committed on or
			 after November 1, 1989 and sentenced to probation under the rules of the Oregon
			 Criminal Justice Commission shall serve a minimum period of active probation
			 supervision as follows:
(a) Nine months of
			 active probation supervision for crimes in crime categories 1 and 2;
(b) Twelve months of active probation
			 supervision for crimes in crime categories 3, 4, and 5;
(c) Eighteen months of active probation
			 supervision for crimes in crime categories 6, 7, and 8; or
(d) Thirty months of active probation
			 supervision for crimes in crime categories 9, 10, and 11.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 206 - ACTIVE AND INACTIVE PROBATION › Section 291-206-0020 - Inactive Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 completion of the minimum period of active supervision as authorized in OAR
			 291-206-0015, the supervising
			 officer or designee shall review the offender's file and determine if the
			 offender is in compliance with the offender's probation conditions and any
			 applicable supervision plan as defined in these rules.
(a) If the supervising officer or designee
			 determines that the offender is in compliance, the supervising officer shall
			 recommend to the supervisory authority that it place the offender on inactive
			 probation supervision, not to exceed the supervision term imposed by the
			 sentencing court under the rules of the Oregon Criminal Justice Commission and
			 applicable laws. Upon receiving a request from the supervising officer, the
			 supervising authority shall place the offender on inactive probation
			 supervision if the supervisory authority determines that the offender is in
			 compliance with probation conditions and any applicable supervision plan as
			 defined in these rules.
(b) If the
			 supervising officer or designee determines that the offender is not in
			 compliance with the conditions of probation and any applicable supervision
			 plan, the supervisory authority shall extend the period of active probation
			 supervision for the remainder of the supervision period imposed by the
			 sentencing court under the rules of the Oregon Criminal Justice Commission and
			 applicable laws.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 206 - ACTIVE AND INACTIVE PROBATION › Section 291-206-0025 - Return to Active Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An offender remains subject to arrest for violations of conditions of
			 supervision while on inactive probation supervision.
(2) Once an offender has been placed on
			 inactive probation supervision, the supervisory authority may return an
			 offender to active probation supervision for the remainder of the supervision
			 period imposed by the sentencing court under the rules of the Oregon Criminal
			 Justice Commission and applicable laws, when the supervisory authority receives
			 a report from a parole and probation officer showing good cause why inactive
			 probation supervision is no longer in the offender's best interest or in the
			 best interest of the community.
(3)
			 If the supervisory authority has good cause to return an offender to active
			 probation supervision, and the whereabouts of the offender is unknown, the
			 supervising officer may request that the supervisory authority or the court
			 issue a warrant for the offender's arrest.
(4) After reviewing the report submitted
			 under subsection (2) of this rule, the supervisory authority may return the
			 offender to active probation supervision not to exceed the supervision term
			 imposed by the sentencing court under the rules of the Oregon Criminal Justice
			 Commission and applicable laws, if the supervisory authority finds that
			 returning the offender to active probation supervision is in the best interest
			 of the offender and the community.
(5) When an offender is returned to active
			 probation supervision, all general conditions and all previously imposed
			 special conditions shall be in effect.
(6) Once returned to active probation
			 supervision after a period of inactive probation supervision, the supervisory
			 authority may again place the offender on inactive probation supervision upon
			 request of the supervising officer if the supervisory authority determines that
			 the offender has subsequently come into compliance with the conditions of
			 probation and any applicable supervision plan, and that inactive probation
			 supervision for the offender is in the best interest of the offender and the
			 community.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2009 OL Ch.
				  660
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2009 OL Ch.
				  660
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 206 - ACTIVE AND INACTIVE PROBATION › Section 291-206-0030 - Sentence Expiration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During
			 the pendency of any violation proceedings, the running of the supervision
			 period and the sentence is stayed, and the court has jurisdiction over the
			 offender until the proceedings are resolved.
(2) These rules shall not preclude more than
			 one renewal of active probation supervision; however, a renewal of active
			 probation supervision may not exceed the supervision term imposed by the
			 sentencing court under the rules of the Oregon Criminal Justice Commission and
			 applicable laws.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2009 OR Laws Ch.
				  660
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 & 2009 OR Laws Ch.
				  660
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: To provide uniform business
			 practices in accordance with best practices in case management of inmates in a
			 correctional environment from the time of intake through reentry to the
			 community.
(3) Policy: It is the
			 policy of the Department of Corrections to target resources to those inmates
			 who are most likely to recidivate using the Oregon Accountability Model and
			 evidence-based practices, in a multi-disciplinary case management approach from
			 admission to release.
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 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Automated
			 Criminal Risk Score (ACRS): A statistical calculation developed by the
			 department's Research Section to predict an offender's risk of re-offending
			 within three years of release.
(2)
			 Case Management: A proactive, collaborative, multi-disciplinary process which
			 assesses, plans, implements, coordinates, monitors and evaluates options and
			 services to meet an individual's need or risks, a well as responsivity factors.
			 Case management is the process which links all the elements involved in an
			 inmate's management. The process of case management unifies procedures and
			 personnel to balance departmental resources and an inmate's needs through
			 his/her term of incarceration and community supervision.
(3) Evidence Based Practices (EBP): The body
			 of research and clinical knowledge that describes correctional assessment,
			 programming and supervision strategies that lead to improved correctional
			 outcomes such as the rehabilitation of inmates and increased public safety.
			 Such principles only meet the public's expectations for economical business
			 strategies, efficiency and effectiveness but also reflect fairness and
			 accountability.
(4)
			 Multi-disciplinary Team: Stakeholders from different divisions within a
			 functional unit who come together to provide comprehensive assessment,
			 consultation and perspectives concerning an inmate's incarceration and
			 successful reentry to the community.
(5) Oregon Accountability Model: A plan
			 composed of six components that is designed to strengthen the department's
			 ability to hold inmates accountable for their actions and department staff
			 accountable for achieving the mission and vision of the department.
(6) Reentry: The activities and programming
			 conducted to prepare inmates to return safely to the community and to live as
			 law abiding citizens. Reentry includes the release process, the flow of inmates
			 back into communities and how they are supervised after release, the effects on
			 public safety as a result, how the Department of Corrections manages releases,
			 and what communities can do to absorb and reintegrate returning
			 offenders.
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 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0015 - General Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will utilize case management strategies, in conjunction with the
			 Oregon Accountability Model in order to involve all employees in managing
			 inmates to reinforce the department mission to hold inmates accountable for
			 their actions and reduce the risk of future criminal behavior.
(2) Correctional Case Management will be used
			 to coordinate with all other institution business units to provide appropriate
			 work, housing, educational, programmatic, and transitional interventions to
			 determine the inmate's case planning and supervision throughout the inmate's
			 incarceration.
(3) Correctional
			 Case Management will provide the framework for responsible management of inmate
			 placements and transition, in support of evidence-based practices for case
			 planning.
(4) The Correctional Case
			 Management approach will be used to approve inmate transfers from one
			 institution to another, based on a holistic correctional programming approach
			 that facilitates each individual inmate's rehabilitation.
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 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0020 - Admission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates who
			 have been sentenced to the Department of Corrections or who have violated their
			 parole and post-prison supervision will be committed to the Intake Center
			 located at Coffee Creek Correctional Facility, except for (a) and (b) below.
(a) Male inmates sentenced to death are
			 routed to the Oregon State Penitentiary special housing unit. Female inmates
			 sentenced to death are routed to Coffee Creek Correctional Facility special
			 housing unit.
(b) Male inmates that
			 require intensive confinement or where special medical or mental health care is
			 essential may be routed to an approved DOC facility other than the Intake
			 Center.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0025 - Correctional Case Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Correctional Case Management is a shared responsibility of all DOC employees,
			 contractors and volunteers in the day-to-day interaction of managing inmates
			 and through a multi-disciplinary approach in support of the key components of
			 the Oregon Accountability Model.
(2) Case planning begins and is continuously
			 assessed as the inmate transfers between institutions based upon the inmate's
			 correctional needs. The inmate's primary institution counselor is responsible
			 to develop, document and monitor the inmate's needs and corresponding resources
			 to address those needs, along with timelines including forecasting custody
			 classification changes and subsequent facility transfers for provisions of
			 interventions and housing management as outlined in the policy on Correctional
			 Case Management (90.1.3).
(3)
			 Supervision levels will be determined by the relative frequency and intensity
			 of interventions, contact, and available services needed to ensure productive
			 incarceration and successful reentry.
(4) Resources will be targeted to inmates
			 most likely to recidivate based on assessed criminal risk factors and
			 need.
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 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0030 - Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Correctional
			 Case Management is used to prepare an inmate for reentry into the community.
			 This includes release preparation, reentry programming, community
			 responsibilities, supervision responsibilities, family support, employment
			 readiness and barriers to successful reentry.
(2) The department will make every effort to
			 secure identification records, such as birth certificates, social security
			 cards, and Department of Motor Vehicles photo identification cards, for all
			 inmates prior to release.
(3) In
			 preparation for release, the department will provide inmates with:
(a) Verification of the inmate's work history
			 while in the custody of the department.
(b) Certification of any educational programs
			 completed by the inmate while in the custody of the department.
(c) Certification of any treatment programs
			 completed by the inmate while in the custody of the department.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 207 - CORRECTIONAL CASE MANAGEMENT › Section 291-207-0100 - DMV/DOC Program for an Inmate Obtaining a Driver License or Identification Card Prior to Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Department of Transportation, Driver and Motor Vehicle Services Division
			 (DMV) and the Oregon Department of Corrections (DOC) have established, through
			 interagency agreement, the following program to help an inmate obtain a driver
			 license or identification card prior to his or her release from custody.
(2) For purposes of this rule, the
			 term "inmate" means any person under the supervision of the DOC and who is not
			 on parole, probation or post-prison supervision status.
(3) Notwithstanding OAR
			 735-062-0016, DMV may issue a
			 renewal or replacement driver license or an identification card containing the
			 last photograph of the inmate on file with DMV. The photograph on file must not
			 be older than nine years and two months. DMV will issue as follows:
(a) A replacement driver license to an inmate
			 whose driving privileges are valid or are reinstated at the time of issuance;
(b) A renewal driver license to an
			 inmate whose driving privileges are valid or are reinstated at the time of
			 issuance and whose driver license is within the allotted time for early renewal
			 as described in OAR 735-062-0090(4)
			 or has been expired for less than one year; or
(c) An original, renewal or replacement
			 identification card to an inmate:
(A) Who is
			 not eligible for driving privileges under sections (4), (7) or (8) of this
			 rule;
(B) Whose previous driver
			 license has been expired for more than one year;
(C) Whose driving privileges are suspended,
			 revoked or cancelled; or
(D) Who
			 has never been issued or does not currently qualify for a driver license under
			 ORS 807.040.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 208 - REIMBURSEMENTS TO COUNTIES › Section 291-208-0010 - Authority, Purpose, Policy, and Applicability

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,
			 423.075, and
			 423.490.
(2) Purpose: The purpose of these rules is to
			 prescribe the manner in which a county may submit a claim to the Department of
			 Corrections for reimbursement for the costs of incarcerating persons sentenced
			 under ORS 813.011, as authorized in ORS
			 423.490, including the costs of
			 pretrial incarceration.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to reimburse counties for the costs of incarcerating persons
			 sentenced under ORS 813.011, as authorized under ORS
			 423.490 including the costs of
			 pretrial incarceration, in accordance with these rules from moneys appropriated
			 to the Department of Corrections for this purpose.
(b) Applicability: Reimbursement to counties
			 for the costs of incarcerating offenders under these rules is limited to
			 incarceration costs for offenders who committed the crime of Felony Driving
			 Under the Influence of Intoxicants on or after December 2, 2010
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 208 - REIMBURSEMENTS TO COUNTIES › Section 291-208-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Incarceration:
			 For the purposes of these rules, incarceration means confinement in a local
			 correctional facility. This does not include confinement in an alternative form
			 of incarceration, including but not limited to work release, work crew, home
			 detention, or day reporting.
(2)
			 Local Correctional Facility: For the purposes of these rules, a local
			 correctional facility means a local or regional jail for the reception and
			 confinement of prisoners that is provided, maintained, and operated by a county
			 or city and holds persons for more than 36 hours.
(3) Qualifying sentence: For purposes of
			 these rules a qualifying sentence means any sentence imposed for a conviction
			 for Felony Driving Under the Influence of Intoxicants committed on or after
			 December 2, 2010.
(4) Offender: For
			 purposes of this rule, an offender means a person who is sentenced to serve a
			 qualifying sentence.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.490,
				  813.011 &
				  813.012
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.490,
				  813.011 &
				  813.012
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 208 - REIMBURSEMENTS TO COUNTIES › Section 291-208-0030 - Reimbursement Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A county or
			 group of counties requesting reimbursement from the Department of Corrections
			 under these rules must submit an invoice to the Director of the Department of
			 Corrections or designee on a quarterly basis. The invoice shall be on a form
			 developed by the Department of Corrections and made available to counties by
			 the department for this purpose. In order to receive reimbursement, invoices
			 must be received by the Director or designee not later than 45 days after the
			 end of the billing period for which the county or group of counties is
			 requesting reimbursement, unless the Director or designee has granted an
			 extension of time for receipt of the invoice.
(2) In order for a county to receive
			 reimbursement for the costs of incarcerating an offender under these rules, the
			 offender must have:
(a) Completed their
			 qualifying sentence during the quarter for which the invoice is submitted;
			 or,
(b) Been transferred to a state
			 correctional facility to serve the balance of their qualifying sentence during
			 the quarter for which the invoice is submitted; or,
(c) Been transferred to another county's
			 local correctional facility to continue or complete the term of incarceration;
			 or
(d) Been released from
			 incarceration due to a court order.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 208 - REIMBURSEMENTS TO COUNTIES › Section 291-208-0040 - Rate of Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Reimbursement to counties from the Department of Corrections for the costs of
			 incarcerating an offender under these rules will be calculated using the rate
			 at which the department provides funds to counties under ORS
			 423.530 for persons sentenced to
			 12 months or less of incarceration.
(2) The rate of reimbursement shall be
			 established by the Department of Corrections each biennium.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.490,
				  813.011 &
				  813.012
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.490,
				  813.011 &
				  813.012