Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 41 - SEARCHES (INSTITUTIONS) › Section 291-041-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of the Department of
			 Corrections who is not on parole, post-prison supervision, or probation
			 status.
(2) Authorized Legal
			 Material: Pleadings (i.e., complaint, petition or answer), legal motions and
			 memoranda, affidavits, court orders and judgments, correspondence, and other
			 necessary documents (including discovery and exhibits), in or directly
			 pertaining to an AICs own pending and active case(s), lawsuit(s) before the
			 courts or paroling authorities.
(3)
			 Confiscation: To take control of or possession of after the search.
(4) Contraband: Any article or thing which an
			 adult in custody is prohibited by statute, rule or order from obtaining,
			 possessing, or which the AIC is not specifically authorized to obtain or
			 possess or which the adult in custody alters without authorization.
(5) Department of Corrections (DOC) Employee:
			 Any person employed full-time, part-time, or under temporary appointment by the
			 Department of Corrections.
(6)
			 Emergency: Any condition or situation where life, health, or safety may be
			 threatened or where time frame considerations necessitate an immediate response
			 or remedial action.
(7) Functional
			 Unit: Any organizational component within the Department of Corrections
			 responsible for the delivery of services or coordination of programs.
(8) Functional Unit Manager: Any person
			 within the Department of Corrections who reports to the Director, Deputy
			 Director, an Assistant Director, or administrator and has responsibility for
			 delivery of program services or coordination of program operations. In a
			 correctional setting the functional unit manager is the
			 superintendent.
(9) Inspection
			 Device: Any device (i.e., metal detector, fluoroscope, cell phone detector,
			 etc.) that is used to detect contraband in the form of metal or other foreign
			 objects.
(10) Non-Employee Service
			 Providers (NSP): An individual who provides services or programs to the
			 department and or to adults in custody, 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.
(11) Non-Intrusive
			 Sensors: Electronic or mechanical devices which do not physically intrude nor
			 permeate human body orifices, manufactured for the purpose of detecting
			 materials or various types which may be considered contraband, i.e., narcotics,
			 narcotic paraphernalia, weapons. (Examples: metal detectors, heartbeat monitor
			 equipment to detect the presence of persons.)
(12) Officer-in-Charge: That person
			 designated by the functional unit manager to supervise the institution and make
			 operational decisions in accordance with policy, rule, or procedure during
			 periods when the functional unit manager or the officer-of-the-day is not
			 readily available.
(13)
			 Officer-of-the-Day: That person designated by the functional unit manager and
			 approved by the Assistant Director for Operations or the Institutions
			 Administrator 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.
(14) Oregon Corrections
			 Enterprises: A semi-independent state agency that is a non-Department of
			 Corrections agency or division, which is under the authority of the Director of
			 the Department of Corrections. For purposes of this rule only, Oregon
			 Corrections Enterprises shall not be considered an external
			 organization.
(15) Oregon
			 Corrections Enterprises (OCE) Employee: Any person employed full-time,
			 part-time, or under temporary appointment by the Oregon Corrections
			 Enterprises. For the purposes of this rule only, employee shall also include
			 any person under contractual arrangement to provide services to the agency; any
			 person employed by private or public-sector agencies who is serving under
			 agency-sanctioned special assignment to provide services or support to agency
			 programs.
(16) Reasonable
			 Suspicion: An apparent state of objective facts and rational inferences drawn
			 there from that would permit a reasonable and experienced correctional staff
			 person to conclude that an individual or set of circumstances poses a threat to
			 the safety, security, health and good order of the facility, or the safety and
			 security of adults in custody, staff, visitors, non-employee service provider
			 or the community, including, but not limited to, committing a crime or rule
			 violation or conspiring or attempting the same.
(17) Search: A close inspection, including
			 touching in an impartial manner, of a person, a person's cell or other living
			 unit, vehicle, possessions, or other property, or buildings or premises. For
			 purposes of entering a correctional institution, 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/her possession.
(b) Consent: Inspections of a person or their
			 property conducted with prior permission of the person being searched or of a
			 person who own or has in his/her possession that property which is
			 searched.
(c) Internal: Digital
			 intrusion of body orifices and interiors of rectum or vagina in search for
			 contraband. Also used to describe more than sight inspection of nostrils, ears,
			 and mouth.
(d) Unclothed: A search
			 procedure wherein the person being searched removes all of his/her clothing and
			 is visually examined and clothing removed is carefully inspected before return
			 and redressing, for the purpose of detecting contraband.