reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 27 - DEATH (INMATE) › Section 291-027-0010 - 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, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish uniform guidelines for the proper notification and documentation of
			 an inmate death.
(3) Policy: It is
			 the policy of the Department of Corrections to assure that effective channels
			 of communication exist for prompt and proper reporting and investigation of
			 inmate deaths and for timely and compassionate notification of the emergency
			 contact person.
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 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 27 - DEATH (INMATE) › Section 291-027-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of
			 Corrections Facility: Any institution, facility or staff office, including the
			 grounds, operated by the Department of Corrections.
(2) Emergency Contact Person: That
			 individual(s) designated by an inmate to be notified in case of an
			 emergency.
(3) Facility Contact
			 Person: A staff member at each department facility designated by the functional
			 unit manager to be responsible for coordinating contact and communication with
			 the inmate's emergency contact person and other agencies as
			 necessary.
(4) Functional Unit
			 Manager: Any person within the Department of Corrections who reports either to
			 the Director, an assistant director, or administrator and has responsibility
			 for 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) Interstate Corrections Compact (ICC)
			 Inmate: An inmate housed in a correctional facility in a state different than
			 the sentencing jurisdiction under rules of the Interstate Correctional
			 Compact.
(7) Officer-in-Charge:
			 That person designated by the functional unit manager to supervise the facility
			 and make operational decisions during periods when the functional unit manager
			 or his/her designee is not readily available.
(8) Officer-of-the-Day: That person
			 designated by the functional unit manager and approved by the Assistant
			 Director for Operations or designee to act on behalf of the functional unit
			 manager during non-business hours and other periods in which the functional
			 unit manager may be absent.
(9)
			 Rental Bed Inmate: An inmate sentenced to the Department of Corrections who is
			 being housed in an Oregon jail.
(10) Trust Funds: Inmate money in the care
			 and custody of the Department of Corrections that is deposited with the State
			 Treasurer and managed by the Department of Corrections.
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 27 - DEATH (INMATE) › Section 291-027-0030 - Assessment and Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 first security employee at the scene of a suspected inmate death who is not
			 involved in any rescue or first aid efforts will secure the scene, ascertain
			 the identities of all those present and disperse all unauthorized individuals.
(a) Identification cards of all inmates
			 present and dispersed will be gathered for positive identification and for
			 later interviews.
(b) The
			 officer-in-charge, facility contact person, and facility Health Services staff,
			 if available, will be immediately notified of the suspected death. If Health
			 Services staff are not on duty, the Medical Services manager will be notified.
			 Health Services staff will notify the facility Chief Medical Officer.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 27 - DEATH (INMATE) › Section 291-027-0040 - Removal of the Deceased

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 deceased and the death scene will be left undisturbed unless authorized under
			 OAR 291-027-0030(4).
(2) When the medical examiner and the State
			 Police have released the body, the functional unit manager or designee will
			 make arrangements for transportation of the deceased to the designated mortuary
			 in accordance with contracts or local agreements negotiated by the
			 department.
(3) Assigned staff will
			 maintain supervision of the deceased until the appropriate mortuary has taken
			 control of the remains. This includes expected deaths that occur at outside
			 medical facilities. Exceptions may be made by the functional unit manager or
			 designee only after coordination with the assigned State Police
			 investigator.
(4) The State Police
			 will determine the time and place that the deceased inmate will be
			 fingerprinted and coordinate this process with the assigned institution when
			 appropriate.
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 27 - DEATH (INMATE) › Section 291-027-0050 - Notifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 officer-in-charge or designee will make the necessary notifications in
			 accordance with this rule, the emergency preparedness plan, and the Department
			 of Corrections policy on Unusual Incidents Reporting Process
			 (40.1.6).
(2) The Department
			 Communications Manager is responsible for reporting the incident to the
			 Director, Deputy Director and appropriate assistant director. This
			 responsibility may be delegated to the functional unit manager.
(3) If the inmate death is from a suspected
			 suicide, the Behavioral Health Services manager will be notified during the
			 initial notifications immediately following the incident.
(4) If the deceased inmate is a citizen of a
			 country other than the United States, Immigration and Customs Enforcement (ICE)
			 and the appropriate consulate will be notified as soon as possible.
(5) If the deceased inmate is an ICC inmate
			 housed by the department, the ICC coordinator will be notified by the
			 functional unit manager or designee. The ICC coordinator will notify the
			 administrator of the sentencing jurisdiction as soon as possible.
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 27 - DEATH (INMATE) › Section 291-027-0055 - Duties of the Facility Contact Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility contact person will
			 coordinate contact with the inmate's emergency contact person after the State
			 Police have authorized notification. The staff person notifying the inmate's
			 emergency contact person may be the chaplain, facility contact person, or any
			 other staff designated by the functional unit manager.
(2) The facility contact person is
			 responsible for coordinating the processes associated with disposition of the
			 deceased's inmate's remains and personal property.
(a) No specific details about circumstances
			 surrounding the death will be provided without authorization of the State
			 Police, district attorney, and the functional unit manager or
			 designee.
(b) The notifying staff
			 member shall not engage in speculation concerning the possible cause of
			 death.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 27 - DEATH (INMATE) › Section 291-027-0065 - Disposition of Remains

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 inmate's emergency contact person will be given the option of arranging for the
			 final disposition of the inmate's remains. All cost for those arrangements are
			 the responsibility of the emergency contact person or family member that wishes
			 to make those arrangements.
(2)
			 Inmates shall make prior arrangements with their designated emergency contact
			 person concerning any religious or personal preferences that they have
			 regarding the disposition of their remains.
(3) The Department of Corrections is
			 responsible for the final disposition of remains if the emergency contact
			 person or family member of the inmate are unwilling or unable to do
			 so.
(4) If the Department of
			 Corrections becomes the responsible agent in this matter, the authorized
			 mortuary will provide this final service in accordance with contracted services
			 or local agreements.
(5) Trust
			 funds from the deceased inmate's accounts shall not be used to offset expenses
			 incurred by the Department of Corrections related to the inmate's
			 death.
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 27 - DEATH (INMATE) › Section 291-027-0070 - Property and Fund Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The officer-in-charge will assure that an
			 inventory is completed of the inmate's personal property and that it is secured
			 for the State Police, if applicable.
(2) After the inmate's property has been
			 released by the State Police, the facility contact person will make
			 arrangements to have the property released to the emergency contact person.
(a) The facility contact person will
			 coordinate the preparation of the property and arrange for disposition of this
			 property with the inmate's emergency contact person. The property will be
			 placed in an appropriately sized container for disposition.
(b) Abandoned property will be disposed of in
			 accordance with OAR 291-117-0140, Disposition of
			 Inmate Property.
(c) All
			 documentation concerning the property will be processed and maintained in
			 accordance with OAR 291-117-0140, Disposition of
			 Inmate Property.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 27 - DEATH (INMATE) › Section 291-027-0080 - Death Outside the Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to Inmate Death: When imminent
			 death can be predicted, Health Services staff will work with the
			 officer-of-the-day to ensure that all appropriate notifications are completed
			 in advance, including the medical examiner.
(2) Outside Work Crews: In the event of an
			 incident involving death or possible death of an inmate assigned to an outside
			 crew, the work crew supervisor will immediately activate local emergency
			 medical services if available. The work crew supervisor will then notify the
			 applicable facility. The officer-in-charge of the facility will be responsible
			 to implement the procedures outlined in OAR
			 291-027-0030, Assessment and
			 Security.
(3) ICC Inmate sentenced
			 to DOC: The ICC agreement for all inmates sentenced to the department will
			 address the arrangements to be used if the inmate dies while in custody of the
			 receiving jurisdiction. Details of the agreement will include required
			 notifications, transport of the body or remains, and financial responsibility
			 for associated costs.
(4) Rental
			 Bed Inmate: Local jurisdictions will report the death of any department inmate
			 in their custody to the Department of Corrections as soon as possible, and
			 furnish all information requested. The Department of Corrections is responsible
			 for making final disposition of the inmate's body and providing notice to the
			 inmate's emergency contact person. These arrangements will be included in all
			 rental bed agreements.
(5) Outside
			 Medical Facility: When an inmate dies while under the care of an outside
			 medical facility, the staff assigned to the hospital watch or medical trip
			 escort will be responsible for immediately contacting the officer-in-charge at
			 the inmate's assigned institution.
(a) The
			 officer-in-charge of the facility will be responsible to implement the
			 procedures outlined in OAR
			 291-027-0030, Assessment and
			 Security.
(b) The officer-in-charge
			 will determine if a crime scene log needs to be initiated.
(c) Arrangements for transportation of the
			 deceased inmate from the outside medical facility to the designated mortuary
			 will be made in accordance with contracts or local agreements negotiated by the
			 department.
(d) The staff assigned
			 to hospital watch will remain with the deceased inmate until the designated
			 mortuary has taken control of the remains. Exceptions may be made by the
			 functional unit manager or designee only after coordination with the assigned
			 State Police investigator.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 28 - SEARCHES (COMMUNITY CORRECTIONS) › Section 291-028-0100 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 144.404 to
			 144.409,
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish safe and uniform procedures, standards, and guidelines for conducting
			 searches and for handling, storing, and disposing of a person's
			 property.
Statutory/Other Authority: ORS
				  144.404 -
				  144.409,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  144.404 -
				  144.409,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 28 - SEARCHES (COMMUNITY CORRECTIONS) › Section 291-028-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult on
			 Supervision: A person who is on probation, parole, post-prison supervision, any
			 other form of temporary or transitional leave from custody, or any form of
			 conditional release.
(2) Consent:
			 Obtaining permission from a person to allow a search of areas over which they
			 have authority. The person may give consent verbally or by conduct that clearly
			 indicates consent.
(3) Contraband:
			 Any item or material which is prohibited by law or by a condition of
			 supervision.
(4) Evidence: Items
			 seized or recovered during an investigation that may be used in the prosecution
			 of a case or of a violation of supervision.
(5) Found Property: Items that have no
			 apparent evidentiary value and where the owner cannot be readily identified or
			 contacted.
(6) Officer: A parole
			 and probation officer as defined in ORS
			 181A.355 who is employed by the
			 Department of Corrections.
(7)
			 Reasonable Grounds: Exists when facts and circumstances within the officer's
			 knowledge are sufficient to justify a belief that a violation has
			 occurred.
(8) Search: A
			 comprehensive inspection of a person, premises, property, or vehicle.
(9) Seizure: To take control and custody of
			 an item or material.
Statutory/Other Authority: 144.404 to 144.409, 179.040,
				  423.020, 423.030 & 423.075
Statutes/Other Implemented: 144.404 to 144.409, 179.040,
				  423.020, 423.030 & 423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 28 - SEARCHES (COMMUNITY CORRECTIONS) › Section 291-028-0110 - General Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Searches in accordance with these rules may be conducted in the reasonable
			 pursuit of correctional objectives or for the purposes of officer safety,
			 protection of the public, or reformation of the adult on supervision.
(2) An adult on supervision shall be given
			 notice at the time of review of the conditions of supervision that failure to
			 give consent to a search based upon reasonable grounds may result in arrest or
			 revocation.
(3) Consent to search
			 must be given at the time of the search by the person to be searched or the
			 person who has authority over the premises, property, or vehicle to be
			 searched. No person may consent to search property under the exclusive control
			 of another person.
(4) A person who
			 consented to a search has the right to limit the areas to be searched or to
			 withdraw their consent to search at any time during the search. If that occurs,
			 the scope of the search shall be immediately limited or discontinued. If the
			 adult on supervision substantially limits or withdraws consent, they may be
			 arrested for violation of the search condition if reasonable grounds
			 exist.
(5) A search may be
			 conducted by a parole and probation officer or by a representative of the
			 officer who is assisting at the officer's request.
(6) An officer shall direct the adult on
			 supervision to remain in an area of limited access while the search is in
			 progress in order to preserve evidence and for the protection of search
			 personnel.
(7) Property defined as
			 contraband or otherwise subject to seizure under ORS
			 133.535, things possessed in
			 violation of supervision conditions, and unclaimed goods or property taken for
			 safekeeping may be seized during the search. Adults on supervision shall be
			 provided with a receipt detailing any property seized pursuant to this
			 rule.
(8) Photographic
			 documentation of a violation may be used as evidence.
(9) Contraband, things subject to seizure
			 under ORS 133.535, and things possessed in
			 violation of supervision conditions that are observed in plain view during the
			 course of a contact or prior to requesting permission to search may be
			 seized.
Statutory/Other Authority: 144.404 - 144.409, 179.040,
				  423.020, 423.030 & 423.075
Statutes/Other Implemented: 144.404 - 144.409, 179.040,
				  423.020, 423.030 & 423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 28 - SEARCHES (COMMUNITY CORRECTIONS) › Section 291-028-0115 - Handling of Seized or Found Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The handling, seizure, and disposition of
			 property shall be done in accordance with ORS
			 144.404 to
			 144.409.
(2) At the time of an arrest and subsequent
			 incarceration in the county jail or other holding facility, an adult on
			 supervision may request property that does not have any evidentiary value to be
			 released to a person of their choosing or to be held by the department
			 according to local procedure, if the department has the capacity to do
			 so.
(3) Found property will be
			 inventoried, documented, and follow chain of custody per local
			 procedures.
Statutory/Other Authority: 179.040, 423.020, 423.030, 423.075
				  & ORS 144.404
Statutes/Other Implemented: ORS
				  144.404 -
				  144.409,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these Division 31 rules 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 Division 31
			 rules is to:
(a) Support county community
			 corrections programs that provide appropriate sentencing alternatives and
			 improve local services for persons charged with criminal offenses with the goal
			 of reducing the occurrences of repeat criminal offenses through state and local
			 government cooperative and collaborative efforts;
(b) Promote local management of community
			 corrections; and
(c) Promote the
			 use of effective correctional assessments, interventions, and case management
			 practices that protect public safety, rehabilitate the adult on supervision,
			 improve the seamless transition from custody to community, and reduce
			 recidivism.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0009 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adults on
			 Supervision: Any person under the supervision of local community corrections
			 who is on probation, parole, post-prison supervision, or any other form of
			 supervision or temporary or transitional leave from custody.
(2) Caseload: Each county's caseload consists
			 of the adults on supervision in the county office who are:
(a) On probation for a felony, designated
			 drug-related misdemeanor, or designated person misdemeanor;
(b) On parole or post-prison
			 supervision;
(c) On conditional
			 release, including those sentenced under the provisions of "second look" (ORS
			 420A.206), conditional
			 discharges under ORS 475.245, and other forms of
			 felony or designated drug-related or designated person misdemeanor
			 diversion;
(d) Released to the
			 county on leave under the provisions of ORS
			 421.168 or
			 421.510;
(e) Sentenced to 12 months or less
			 incarceration;
(f) Sanctioned to 12
			 months or less incarceration for a violation of condition of supervision;
			 and
(g) For purposes of budget
			 building and allocation, those:
(A) Discharged
			 from supervision under the provisions of ORS
			 137.633 shall be included;
			 and
(B) On abscond, inactive
			 supervision, incarcerated in a federal or out-of-state institution, or being
			 held pending deportation shall not be included.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0015 - Community Corrections Plan Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each county governing body must appoint a
			 local public safety coordinating council in accordance with ORS
			 423.560. This council will be
			 responsible for developing and recommending to the county board of
			 commissioners a community corrections plan for use of state resources to
			 service the local adult on supervision population.
(2) The Department of Corrections will
			 provide, within available resources, consultation, and technical assistance to
			 aid counties in the development and implementation of a community corrections
			 plan.
(3) Standards for community
			 corrections plan submission and evaluation: Community corrections plans shall
			 be submitted to the Director of the Department of Corrections or designee. Each
			 community corrections plan shall be submitted in a format and order as
			 established by the Department of Corrections.
(a) Administrative: The community corrections
			 plan must:
(A) Specify the membership and
			 chair of the local public safety coordinating council and how the membership
			 meets the statutory requirements for committee membership.
(B) Identify a community corrections manager
			 who is responsible for the administration of the community corrections program;
			 and
(C) Contain an organizational
			 chart illustrating areas of authority, responsibility, and accountability. The
			 organizational charts will indicate the staffing level and structure in each
			 program.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0020 - Community Corrections Plan Submission Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The community corrections plan shall be
			 submitted to the Director of the Department of Corrections or designee no later
			 than 90 days following sine die of the regularly held legislative session of
			 each odd numbered year.
(2) An
			 extension of time may be granted by the Director of the Department of
			 Corrections or designee when necessary to allow completion of local agency
			 negotiations, or to allow additional time to collect data or information
			 necessary to complete the community corrections plan. Requests for this
			 extension shall be submitted to the Director or designee in writing.
(3) The Director of the Department of
			 Corrections or designee will review and approve the proposed community
			 corrections plan.
(4) If the
			 community corrections plan is not approved, the Director of the Department of
			 Corrections or designee will provide recommendations to the county as to how to
			 correct or improve the community corrections plan.
(5) After approval by the Director of the
			 Department of Corrections or designee, the county and the department will
			 incorporate the community corrections plan into the intergovernmental
			 agreement.
(6) No modifications to
			 an approved plan shall be placed into effect without prior written notification
			 to Director of the Department of Corrections or designee.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0025 - Financial Records

Current through Register Vol. 63, No. 7, July 1, 2024
Department of Corrections funds:
(1) The department shall prepare and
			 distribute written instructions regarding budget, allotment, and fiscal
			 reporting requirements to each county. Each county shall adhere to the
			 department's budget, allocation, and fiscal reporting requirements.
(2) Reallocation of funds in a county
			 approved community corrections plan and budget, within or between budget
			 categories, requires a budget update and the prior written notification and
			 written approval of the Director of the Department of Corrections or
			 designee.
(3) Proposed fund
			 transfers shall be submitted using the plan modification form created by the
			 department.
(4) Each county shall
			 make available to the Department of Corrections the county's annual financial
			 statement and that portion of the county's annual audit that addresses the
			 community corrections program.
(5)
			 Within 120 days following the end of the state's biennial budget period, each
			 county shall submit a closing financial report for the biennium. The county
			 must identify in the report any state General Fund not expended within the
			 biennial period. The county must submit a budget update to the Department of
			 Corrections showing how those funds will be expended for community corrections
			 in the next biennium.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0026 - Grant-in-Aid

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Community
			 Corrections funds will be allocated based on a formula that considers workload,
			 county population, and the cost per day of managing adults on supervision. The
			 formula will be weighted 100 percent workload and 0 percent county
			 population.
(2) Prior to July of
			 each odd-numbered year, the Department of Corrections shall determine each
			 county's proposed share of workload and will compute each county's percentage
			 share of the coming biennial grant-in-aid appropriation. When the total actual
			 appropriation is known, the Department of Corrections will compute the actual
			 amounts indicated.
(3) Except as
			 otherwise provided by law, an intergovernmental agreement between the
			 county(ies) and the department must be executed prior to any state Grant-In-Aid
			 funds being distributed.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0051 - Funding for Sexually Violent Dangerous Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may reimburse counties for
			 the intensive supervision of sexually violent dangerous offenders in accordance
			 with this rule.
(2) The
			 reimbursement rate to a county shall be determined by calculating the
			 incremental cost to move from the high-risk supervision rate to an intensive
			 supervision rate. Reimbursement payments will be made on a quarterly basis,
			 upon invoicing by the county.
(3)
			 Reimbursement payments to counties for the purpose of intensive supervision of
			 sexually violent dangerous offenders shall not exceed the legislatively
			 approved appropriation for the supervision of sexually violent dangerous
			 offenders.
(4) Once each biennium,
			 the Department of Corrections, the Board of Parole and Post-Prison Supervision,
			 and local supervisory authorities shall determine the number of adults on
			 supervision expected to be classified as sexually violent dangerous offenders
			 during the following biennium. The department shall use the number in
			 calculating the budget for the community corrections division of the department
			 for the following biennium.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  144.639,
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0070 - Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Corrections shall establish and operate a statewide information system. In
			 order to ensure uniform information, the Department of Corrections shall
			 establish minimum data entry standards for the statewide information system.
			 Counties are required to input information into the statewide information
			 system in accordance with the standards established by the Department of
			 Corrections.
(2) In accordance with
			 ORS 423.540, the department will
			 biennially review each county's compliance with the intergovernmental
			 agreement. There may be a compliance plan required if the county is not in
			 compliance with the intergovernmental agreement.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525,
				  423.530 &
				  423.540
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0085 - County Option to Cease Participation in the Community Corrections Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Community
			 Corrections Act gives each county the option to transfer responsibility for
			 community corrections to the Department of Corrections if the Legislature fails
			 to fund community corrections at the baseline established in ORS
			 423.483.
(2) If the total state community corrections
			 appropriation is less than the baseline, the county may discontinue
			 participation in the Community Corrections Act by providing written
			 notification to the Director of the Department of Corrections 180 days prior to
			 implementation of the change.
(3)
			 The department can elect to assume responsibility for community corrections
			 sooner than 180 days with concurrence from the county.
(4) A county may transfer responsibility for
			 community corrections to the state no more than one time in a
			 biennium.
(5) OAR
			 291-031-0095 to
			 291-031-0140 only apply when a
			 county discontinues participation in the Community Corrections Act.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0095 - Responsibility for Community Corrections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Corrections will assume
			 responsibility for community-based supervision, sanctions, and services for
			 adults on supervision convicted of felonies or designated drug-related or
			 designated person misdemeanors, who are on probation, parole, post-prison
			 supervision, or any form of temporary or transitional leave from custody, or
			 who are sentenced or sanctioned to a term of incarceration of 12 months or
			 less, on conditional release under ORS
			 420A.206 or on conditional
			 discharge under ORS 475.245, or any other form of
			 diversion for a felony, designated drug-related or designated person
			 misdemeanor.
(2) According to
			 sentencing guidelines, terms of incarceration of 12 months or less are served
			 at the direction of the local supervisory authority rather than in the legal
			 and physical custody of the Department of Corrections (OAR
			 213-005-0001(2)).
			 The Department of Corrections will perform the duties of the local supervisory
			 authority for terms of incarceration of 12 months or less (local control
			 offenders).
(3) The Department of
			 Corrections will not assume responsibility for the supervision of adults on
			 supervision not referenced in OAR
			 291-031-0009(2).
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0100 - Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of
			 Corrections funds allocated to provide correctional services by the county will
			 be retained by the state.
(2)
			 County allocations are computed for a 24-month period. If the transfer of
			 responsibility is for a period of less than 24 months, the funds retained by
			 the state for community corrections activities will be prorated to the day of
			 the transfer.
(3) A financial
			 closing statement will be provided by the county to the state within 60 days of
			 the transfer of responsibility. Any state funds distributed but not spent will
			 be returned to the state.
(4) The
			 department, at its option, may choose to operate community corrections in
			 regions consisting of several counties, and to combine funds and staff to
			 operate the region most efficiently.
(5) The department shall retain all fees
			 collected from those supervised by state-operated community corrections offices
			 and received subsequent to the state assuming responsibility for
			 operations.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0110 - Biennial Community Corrections Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Corrections shall
			 develop a community corrections plan for each county with a state-operated
			 community corrections office.
(2)
			 The department will meet with the local public safety coordinating council to
			 review the county's recommendations as to how state resources will be invested
			 to serve the local adult on supervision population. Those recommendations will
			 be included in the plan or the department will provide a response to each
			 recommendation.
(3) The department
			 will submit the plan to the county commissioners for information and comments.
			 The commissioners may choose to comment or may simply acknowledge the plan was
			 received.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0120 - Transfer of Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 state shall assume title to any equipment, furnishings, vehicles, or property
			 purchased with community corrections grant funds and used by existing county
			 staff to provide supervision, sanctions, and services to the county. The county
			 shall provide the Department of Corrections with a list of all such equipment,
			 furnishings, vehicles, or property with a value of over $250 within 30 days of
			 the county's notification to the Director of the Department of Corrections that
			 it will discontinue participation in the Community Corrections Act.
(2) The county and the Department of
			 Corrections shall enter into a written agreement transferring title of
			 equipment or property to the Department of Corrections. The agreement must be
			 accompanied by an inventory list signed by the designated representatives of
			 both the county and the department. The agreement shall be subject to all laws
			 governing such transfer of title.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560,
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0140 - Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) County
			 employees employed in the county community corrections agency and funded
			 through the community corrections grant to that county, will be transferred to
			 state employment, to the extent there are funds available. If the county has
			 experienced a reduction in funding, there will be a commensurate reduction in
			 staff positions available for transfer.
(2) County employees transferred to state
			 employment will not suffer any reduction in salary or loss of employee benefits
			 for 12 months because of the transfer. Salary will not be reduced, accrued sick
			 leave will be retained, up to 80 hours of vacation may be transferred, and a
			 waiver of waiting period for preexisting conditions will be arranged. The
			 employee may remain with their present retirement system for 12 months or may
			 participate in the state retirement system. Following this period, salary,
			 benefits, and retirement plan will be based on established state wages and
			 benefits.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0150 - County Option to Participate in the Community Corrections Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Community
			 Corrections Act gives each county the option to directly operate community
			 corrections rather than having the Department of Corrections operate community
			 corrections.
(2) A county that has
			 exercised the option to "opt out" of participation may again participate in the
			 Community Corrections Act by providing written notification to the Director of
			 the Department of Corrections 180 days prior to implementation of the change. A
			 county may make this change no more than one time in a biennium.
(3) OAR
			 291-031-0160 to
			 291-031-0210 only apply when a
			 county resumes participation in the Community Corrections Act.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0160 - Responsibility for Community Corrections

Current through Register Vol. 63, No. 7, July 1, 2024
The county will assume responsibility from the Department of
				Corrections for community-based supervision, sanctions, and services for adults
				on supervision convicted of felonies or designated drug-related or designated
				person misdemeanors, who are on probation, parole, post-prison supervision, or
				any form of temporary or transitional leave from custody, or who are sentenced
				or sanctioned to a term of incarceration of 12 months or less, on conditional
				release under ORS 420A.206 or on conditional
				discharge under ORS 475.245, or any other form of
				diversion for a felony or drug-related or designated person
				misdemeanor.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0170 - Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department of
			 Corrections funds formerly used to provide correctional services by the state
			 will be granted to the county under an intergovernmental agreement.
(2) County allocations are computed for a
			 24-month period. If the transfer of responsibility is for a period less than 24
			 months, the funds allocated to the county will be prorated to the day of the
			 transfer.
(3) A financial closing
			 statement will be provided to the county by the Department of Corrections
			 within 60 days of the transfer of responsibility. Any state funds allocated to
			 the county but not spent by the state will be disbursed to the
			 county.
(4) The county shall retain
			 all fees collected from those supervised by county-operated community
			 corrections offices after the date of transfer.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0180 - Biennial Community Corrections Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The county will develop a community corrections plan in
				accordance with OAR 291-031-0015 prior to the
				transfer of responsibility.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0190 - Transfer of Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 county begins participation in the Community Corrections Act, the county shall
			 assume title to any equipment, furnishings, or property used by existing
			 Department of Corrections staff to provide supervision, sanctions, and services
			 in the county. The Department of Corrections shall provide the county with a
			 list of all such equipment, furnishings, or property with a value of over $250
			 within 30 days of the county's notification to the Director of the Department
			 of Corrections that it will participate in the Community Corrections
			 Act.
(2) An agreement transferring
			 title of equipment or property to the county shall be in writing, accompanied
			 by an inventory list signed by designated representatives of both the county
			 and the department and shall be subject to all laws governing such transfer of
			 title.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0210 - Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State employees
			 employed in the county community corrections agency and funded through the
			 community corrections grant to that county, will be transferred to county
			 employment, to the extent there are funds available. If the county has
			 experienced a reduction in funding, there will be a commensurate reduction in
			 staff positions available for transfer.
(2) State employees transferred to county
			 employment will not suffer any reduction in salary or loss of employee benefits
			 for 12 months because of the transfer. Salary will not be reduced, accrued sick
			 leave will be retained, up to 80 hours of vacation may be transferred, and a
			 waiver of waiting period for preexisting conditions will be arranged. The
			 employee may remain with their present retirement system for 12 months.
			 Following this period, salary, benefits, and retirement plan will be based on
			 established county wages and benefits.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483,
				  423.525 &
				  423.530
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  423.478,
				  423.483 &
				  423.500 -
				  423.560