Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 127 - VISITING › Section 291-127-0405 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Accompanied
			 Visit: A type of visitation authorized by the Department of Corrections in its
			 correctional facilities in which an inmate is permitted to visit with a minor
			 child who remains in the company of an approved adult visitor with the written
			 consent of the custodial parent or guardian.
(2) Basic Visiting: A type of visitation
			 authorized by the Department of Corrections in its correctional facilities in
			 which an inmate and an approved visitor are permitted to see and talk with each
			 other on a scheduled basis for a reasonable period of time with no physical
			 contact.
(3) Caregiver: The person
			 primarily responsible for caring for an inmate's minor child(ren).
(4) Co-Defendant: A person who has been
			 convicted of a crime in which the inmate had some involvement in the same
			 criminal incidents which gave rise to the conviction, or who is currently the
			 subject of a criminal prosecution for the same criminal incidents involving the
			 inmate.
(5) Conspiracy: An
			 agreement between an inmate and one or more persons to engage in, cause, or
			 conceal a rule violation or criminal activity.
(6) Contraband: Any article or thing which an
			 inmate is prohibited by statute, rule or order from obtaining, possessing, or
			 which the inmate is not specifically authorized to obtain or possess or which
			 the inmate alters without authorization.
(7) Contractor: Any person working or
			 providing services in a Department of Corrections facility under a contractual
			 arrangement to provide services to the Department, or any person employed by
			 private or public sector agencies who is serving under Department-sanctioned
			 special assignment to provide services or support to the Department programs.
(8) Crime Victim or Survivor: Any
			 person who was subjected to direct physical or emotional harm or injury from a
			 crime or witnessed such act for which an inmate has been arrested for or
			 convicted of, past or present, and is identified as a victim or survivor in
			 records or information available to the Department of Corrections.
(9) Department of Corrections Facility: Any
			 institution, facility or staff office, including the grounds, operated by the
			 Department of Corrections.
(10)
			 Disrespect: Where a visitor directs hostile, sexual, abusive, or threatening
			 language or gestures, verbal or written, towards or about another person.
(11) Disturbance: Conduct or
			 activity which unnecessarily interferes with visitation operations, or which
			 advocates, encourages, promotes or otherwise creates or poses a threat to the
			 safety, security, health and good order of the facility, or the safety and
			 security of inmates, staff, visitors, contractors or the community. A visitor
			 commits a disturbance if he or she advocates, creates, engages in, maintains or
			 promotes an annoying condition or disorder characterized by unruly, noisy,
			 violent conduct which disrupts the orderly administration of the visiting
			 process.
(12) Domestic Partner: An
			 individual joined in a domestic partnership.
(13) Domestic Partnership: A civil contract
			 entered into in person between two individuals of the same sex who are at least
			 18 years of age, who are otherwise capable and at least one of whom is a
			 resident of Oregon, which has been filed with the County Clerk and entered in
			 the domestic partnership registry.
(14) Employee: Any person employed full-time,
			 part-time or on temporary appointment by the Department of Corrections.
(15) Excessive Contact: Prolonged
			 or frequent contact between a visitor and an inmate which exceeds the brief
			 embrace and kiss upon meeting and leaving. Excessive is not casual contact, but
			 rather a pattern of contact beyond rule limits. Hand-holding or holding of
			 children is specifically allowed.
(16) Holiday: A day recognized and announced
			 annually as a holiday. If the actual and generally recognized holiday differs
			 from the day recognized by the Department of Administrative Services, the
			 holiday recognized for purposes of this rule is the date indicated on the
			 calendar.
(17) Inflammatory:
			 Material whose presence in the facility is deemed by the department to
			 constitute a direct and immediate threat to the security, safety, health, good
			 order, or discipline of the facility because it incites or advocates physical
			 violence against others.
(18)
			 Immediate Family Member: Spouse, domestic partner, parent, sibling, child,
			 aunt, uncle, niece, nephew, grandchildren and grandparents, including foster,
			 in-law, and step relationships. Immediate family also includes the caregiver of
			 the inmate's minor children.
(19)
			 Inappropriate Relationship: A personal relationship between an inmate or
			 offender and any employee, contractor, or volunteer of the Department of
			 Corrections that developed during the course of employment, contract work, or
			 volunteering or as a result of same.
(20) Inmate: Any person under the supervision
			 of Department of Corrections who is not on parole, post-prison supervision, or
			 probation status.
(21) Intake
			 Status: That period of time following delivery of an inmate to the custody of
			 the Department of Corrections in which the Department conducts its intake
			 processing of the inmate including, but not limited to, the conduct of medical
			 and mental health assessments, custody classification, and identification of
			 programming needs and assignments.
(22) Non-Employee Service Providers (NSP): An
			 individual who provides services or programs to the department and or to
			 inmates, but not as a paid employee of the department. Examples of non-employee
			 service providers include contractors, volunteers, mentors, criminal justice
			 partners, and government agency partners
(23) Privileged Visiting: A type of
			 visitation authorized by the Department of Corrections in its correctional
			 facilities in which an inmate and an approved visitor are permitted to see and
			 talk with each other on a scheduled basis for a reasonable period of time with
			 limited physical contact, consisting of a brief embrace and kiss upon meeting
			 and leaving, hand holding, and holding of children.
(24) Professional Visits: Visitation for
			 nonsocial purposes by attorneys, representatives for criminal justice agencies,
			 state or local agencies, other public government agencies or for therapeutic or
			 programming purposes.
(25) Search:
			 A close inspection, including touching in an impartial manner, of a person,
			 vehicle, possessions, or other property, or buildings or premises. For purposes
			 of entering a correctional facility, searches often require the removal and
			 separate inspection of shoes, belts, jackets, and other accessories during
			 processing. Types of searches include the following:
(a) Clothed: To search a person for something
			 by running the hands over the clothed person, through the hair, inspecting
			 pockets and cuffs, and other items in his or her possession.
(b) Hand-Wand Inspection: A search procedure
			 wherein the person will be asked to stand with feet and legs apart and arms out
			 to the side while a wand is passed in close proximity to all areas of the
			 visitor's body.
(c) Unclothed: A
			 search procedure wherein the person being searched removes all of his or her
			 clothing and is visually examined and clothing removed is carefully inspected
			 before return and redressing, for the purpose of detecting contraband.