reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 180 - INTERSTATE COMPACT › Section 291-180-0275 - Retaken Offenders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 offender who was previously retaken and returned to this state from another
			 state at cost to the State of Oregon, whether by formal or informal means,
			 shall not be approved by the Department of Corrections for an interstate
			 compact supervision transfer under these rules until such time as the offender
			 repays to the State of Oregon all costs incurred by the State of Oregon in
			 effecting the offender's return to this state. Limited exceptions may be
			 granted by the Compact Administrator or designee based on individual
			 circumstances.
(2) This rule
			 applies to all offenders applying for a transfer of their supervision to
			 another state under the Interstate Compact for Adult Offender Supervision
			 (ICAOS) before, on or after January 1, 2012, whose applications have not been
			 previously approved by the Department of Corrections.
Stat. Auth.: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  144.600,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0010 - 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
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish Department of Corrections policy and procedures for the establishment
			 and operation of prison advisory committees (PACs) for Department of
			 Corrections facilities.
(3)
			 Policy: It is the policy of the Department of Corrections to establish and
			 facilitate operations of prison advisory committees (PACs) for Department of
			 Corrections facilities in accordance with the mission, vision and values of the
			 department, and these rules.
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 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Affected
			 Communities: Those cities and counties in which a Department of Corrections
			 facility is sited or exists, or which due to their proximity to a Department of
			 Corrections facility commit extensive resources to the ongoing operation of the
			 facility.
(2) Facility: An
			 institution or facility operated by the Department of Corrections which
			 physically houses inmates.
(3)
			 Superintendent: Any person within the Department of Corrections who reports to
			 the Assistant Director for Operations Division or Institutions Administrator
			 and has the responsibility for the delivery and coordination of program
			 operations in a specific facility.
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 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0030 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Corrections, in cooperation with affected communities, may establish prison
			 advisory committees for each Department of Corrections facility.
(2) The Department of Corrections may
			 establish a single prison advisory committee for more than one Department of
			 Corrections facility sited or operating in the same locale when deemed
			 necessary or desirable by the affected facility superintendents. A decision to
			 establish a single prison advisory committee for multiple Department of
			 Corrections facilities must be approved by the Department of Corrections
			 Assistant Director(s) - Institutions or the Assistant Director(s)' designee.
(3) Each prison advisory committee
			 shall be identified using the name of the Department of Corrections
			 facility(ies) for which it was established (e.g., "Two Rivers Correctional
			 Institution Advisory Committee").
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 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0040 - Function and Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 established, prison advisory committees shall:
(a) Serve as a citizen advisory group to the
			 facility superintendents and designated Department of Corrections
			 representatives regarding correctional issues, activities and practices
			 affecting their community(ies).
(b)
			 Promote open and effective communication between affected community(ies) and
			 Department of Corrections officials during the life of the facility, from
			 siting through operation and ultimate closure.
(c) Serve as a community-based conduit
			 through which information is disseminated to and received from the
			 public.
(d) Work in cooperation
			 with the superintendent or other designated Department of Corrections staff to
			 address specific issues that develop during the life of the facility.
(e) Assist the superintendent or other
			 designated Department of Corrections staff in developing and promoting safe
			 opportunities for the utilization of inmate labor.
(f) Work in cooperation with the
			 superintendent or other designated Department of Corrections staff to promote,
			 support, and communicate the mission, vision, and values of the
			 department.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0050 - PAC Bylaws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prison
			 advisory committees shall adopt and operate in accordance with the model bylaws
			 developed by the Department of Corrections to govern committee activities. A
			 copy of the department's model bylaws for prison advisory committees is
			 attached hereto as Exhibit A and is incorporated as a part of Division 200 of
			 OAR Chapter 291. The model bylaws address the following subject areas:
(a) Establishment;
(b) Name;
(c) Purpose;
(d) Membership;
(e) Orientation and training;
(f) Term of Membership;
(g) Officers;
(h) Committee operation;
(i) Resources and services;
(j) Conflict of interest; and
(k) Amendments.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0060 - PAC Membership Standards, Number, Selection and Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prison advisory
			 committee member eligibility, numbers, selection and terms of service shall be
			 determined by each committee and established in the committee's bylaws in
			 accordance with these rules.
(2)
			 Member Eligibility: Any adult individual, residing or working within an
			 affected community, may be a member of a prison advisory committee unless he or
			 she has been convicted of a felony crime in the past five years. Ex-offenders
			 are eligible to serve as members of prison advisory committees if they have
			 been off supervision for a minimum of five years, are nominated and selected
			 and meet all other criteria for membership. Prison advisory committees may
			 adopt additional eligibility requirements consistent with their communities and
			 operational needs.
(3) Voting
			 Member Appointment: The superintendent or designated Department of Corrections
			 representative, in cooperation with either the mayor, county commission chair
			 or sheriff of an affected community(ies), shall appoint the voting members of a
			 prison advisory committee. Consistent with section (4) of this rule,
			 appointments shall be made from among nominations forwarded by local elected
			 officials, organizational leaders, or individual members of the affected
			 community(ies). Also considered for appointment shall be those members of the
			 affected community(ies) who respond to public requests for
			 participation.
(4) Member
			 Composition:
(a) Positions on a prison
			 advisory committee may be filled by individuals from the categories listed
			 below. Local elected officials shall seek representation on prison advisory
			 committees from as many of these groups and interest areas as may be present in
			 the affected community(ies):
(A) Public
			 safety agencies;
(B) Crime
			 victims;
(C) Higher
			 education;
(D) Primary and
			 secondary education;
(E) Health
			 care service providers;
(F)
			 Business community/Chamber of Commerce;
(G) Social services;
(H) Judiciary;
(I) Ministerial association/ religious
			 community;
(J) Civic and community
			 organizations;
(K) Employment and
			 training/economic development;
(L)
			 Housing/ real estate;
(M)
			 Professional services;
(N) Utility
			 providers;
(O) Media; and
(P) Community at large.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 200 - PRISON ADVISORY COMMITTEE › Section 291-200-0070 - Specific Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department of Corrections, acting through the facility superintendent or
			 designated Department of Corrections representative, shall:
(a) Establish a communication process by
			 which the prison advisory committee is informed of decisions and rationales
			 concerning matters forwarded to the superintendent or designated Department of
			 Corrections representative by the committee;
(b) Attend all prison advisory committee
			 meetings as an ex-officio member;
(c) Inform the prison advisory committee of
			 operational changes at the facility or within the department when disseminating
			 such information does not compromise the safe, secure and orderly management
			 and operation of facility or the department;
(d) Keep minutes of prison advisory committee
			 meetings and distribute copies to all prison advisory committee members and
			 members of the Oregon Department of Corrections executive management
			 team;
(e) Publish notice of prison
			 advisory committee meetings in accordance with the requirements of the public
			 meetings law. In the event that a prison advisory committee complies with the
			 public meetings law as a matter of policy only, the superintendent or
			 designated Department of Corrections representative may refrain from publishing
			 notice of a meeting when the superintendent or designated Department of
			 Corrections representative determines that necessity or convenience so
			 requires;
(f) Provide necessary
			 training and orientation to prison advisory committee members, including but
			 not limited to the following subject areas:
(A) Department of Corrections mission, vision
			 and goals;
(B) Department of
			 Corrections administrative rules, policies and procedures;
(C) Visitation, tours, and orientation to
			 facilities operations and programs;
(D) Lobbying restrictions; and the
(E) Department of Corrections Code of
			 Ethics.
(g) Approve
			 reasonable prison advisory committee operating and training expenses, and
			 provide for payment thereof within the limits of the Department of Corrections
			 resources and consistent with the function and purposes of prison advisory
			 committees;
(h) Provide a site for
			 prison advisory committee meetings, if necessary;
(i) Establish a protocol for the prison
			 advisory committee members to periodically tour and orient themselves to
			 facility operations.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 201 - ADULT IN CUSTODY ASSIGNMENT MANAGEMENT › Section 291-201-0100 - 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
			 179.040,
			 423.020,
			 423.030,
			 423.075 and Article I, Section
			 41 of the Oregon Constitution.
(2)
			 Purpose: The purpose of these rules is to establish a process for ensuring and
			 measuring departmental compliance with the requirements of Article I, Section
			 41 of the Oregon Constitution, while adhering to practices that promote public
			 safety and ensure the safe, secure, and orderly operation of department
			 facilities.
(3) Policy: It is the
			 policy of the Department of Corrections to:
(a) Carry out its responsibilities under
			 Article I, Section 41 of the Oregon Constitution by establishing and
			 maintaining work and program opportunities for eligible adults in custody
			 housed in its facilities while adhering to practices that promote public safety
			 and ensure the safe, secure, and orderly operation of department
			 facilities.
(b) Ensure that
			 eligible adults in custody are productively involved in one or more programs in
			 order to meet the requirements of Article I, Section 41 of the Oregon
			 Constitution, while completing their individual Incarceration/Transition
			 Plans.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 201 - ADULT IN CUSTODY ASSIGNMENT MANAGEMENT › Section 291-201-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): Any person under the supervision of the Department of
			 Corrections who is not on parole, post-prison supervision or probation
			 status.
(2) Adult in Custody
			 Individual Incarceration/Transition Plan (II/TP): A process through which
			 specific need areas of an individual AIC are identified; and institution
			 education, work-based education, treatment, and work resources are targeted,
			 prioritized, and scheduled to address those needs in a systematic and
			 progressive action plan.
(3)
			 Allowed Absence: An adult in custody absence from all scheduled hours in an
			 approved AIC program assignment, due to scheduled and unscheduled health
			 services or mental health visits, misconduct hearings, misconduct hold-ins,
			 medical lay-ins, counselor callouts, or threats to the safety and security of
			 the facility, for which no daily points are earned in accordance with the
			 Department of Corrections rule on Performance Recognition and Award System (OAR
			 291-077), but full scheduled hours are credited for purposes of measuring
			 adherence with Article I, Section 41 of the Oregon Constitution.
(4) Allowed Interruption: An AIC absence from
			 some, but not all, scheduled hours in an approved AIC program assignment, due
			 to scheduled and unscheduled health service or mental health visits, misconduct
			 hearings, misconduct hold-ins, medical lay-ins, counselor callouts, or threats
			 to the safety and security of the facility, for which daily points are earned
			 and full scheduled hours are credited for purposes of measuring adherence with
			 Article I, Section 41 of the Oregon Constitution.
(5) Approved Program Assignment: Any
			 scheduled activity that an AIC is required to attend, and which develops
			 motivation, work capabilities, and/or cooperation that is approved by the
			 Policy Oversight Committee for compliance with Article I, Section 41 of the
			 Oregon Constitution. Program assignments may include, but are not limited to:
(a) Work and training assignments in which
			 AICs perform a service, produce a product, or are otherwise engaged in
			 activities that emulate non-prison employment.
(b) Treatment assignments that address
			 diagnosed mental or behavioral problems that are barriers to successful
			 employment, including but not limited to alcohol and drug treatment or mental
			 health day treatment; and
(c)
			 Workforce development assignments intended to remove educational barriers
			 (e.g., Adult Basic Education or English as a Second Language) or address
			 personal deficits (e.g. Anger Management or Basic Living Skills that impede
			 employment).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 201 - ADULT IN CUSTODY ASSIGNMENT MANAGEMENT › Section 291-201-0130 - Attendance Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Staff
			 who supervise AICs are responsible for enforcing attendance and documenting
			 program participation for all AICs assigned to their supervision.
(2) Each AIC supervisor will have access to
			 print or will be given an AIC attendance roster daily, listing all AICs
			 assigned to their supervision. AIC supervisors are responsible for filling out
			 each roster completely, in accordance with department Adult in Custody
			 Attendance Reporting Guidelines.
(3) Staff will ensure that participating AICs
			 attend Measure 17 compliant approved program assignments for the entire
			 duration of time scheduled, unless otherwise authorized and documented. Time
			 missed from an assignment will negatively affect an AIC's credited hours,
			 unless the time missed is due to an allowed absence or allowed
			 interruption.
(4) All attendance
			 rosters will be forwarded to the appropriate office for data entry within 24
			 hours.
(5) AIC attendance
			 information from each roster will be entered into the computer within three
			 business days after completion of the assignment. Rosters will be retained in
			 accordance with the applicable Department of Corrections records retention
			 schedule.
(6) Incomplete/Incorrect
			 attendance rosters will be returned to the program supervisor for immediate
			 completion or correction. These rosters will be evaluated by designated staff
			 to determine if there is a training, performance, or systemic issue. Corrective
			 action will be taken as appropriate.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 201 - ADULT IN CUSTODY ASSIGNMENT MANAGEMENT › Section 291-201-0140 - Assignment Changes

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with the Department's rules on Performance
				Recognition and Award System (OAR 291-077), designated staff may remove an AIC
				from an approved program assignment for reasons including, but not limited to,
				unsatisfactory performance, misconduct or behavior issues, program needs,
				safety and security issues, and schedule conflicts.
(1) If an AIC is removed from an approved
			 program assignment, staff shall reassign the AIC appropriately, and ensure the
			 AIC is notified of the assignment change.
(2) If an AIC is failed from an approved AIC
			 program assignment (or given a daily fail), staff shall fill out an Adult in
			 Custody Performance Failure Record (CD118aD) and distribute all necessary
			 copies.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0010 - 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
			 144.637,
			 144.641,
			 144.642,
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is
			 to:
(a) Establish criteria to be considered in
			 determining the permanent residence requirements for certain sex offenders upon
			 release.
(b) Establish the
			 eligibility criteria and procedures for identifying sexually violent dangerous
			 offenders, as defined in ORS
			 144.635.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): For purposes of these rules, any person aged 18 years or older,
			 incarcerated or detained in a correctional facility who is accused of,
			 convicted of or sentenced for a violation of criminal law or for the violation
			 of the terms and conditions of pretrial release, probation, post-prison
			 supervision or a diversion program.
(2) Offender: Any person who is on probation,
			 parole, post-prison supervision, or any other form of temporary or transitional
			 leave from custody, or any form of conditional release.
(3) Supervisory Authority: The state or local
			 corrections agency or official designated in each county by that county's Board
			 of County Commissioners or county court to operate corrections supervision
			 services, custodial facilities, or both.
Statutory/Other Authority: ORS
				  144.635,
				  144.637,
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  144.642,
				  144.644 &
				  144.646
Statutes/Other Implemented: ORS
				  144.635,
				  144.637,
				  179.040,
				  423.020,
				  423.030,
				  423.075,
				  144.642,
				  144.644 &
				  144.646
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  144.625,
				  144.627,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  144.625,
				  144.627,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0040 - Residence Requirements for Certain Sex Offenders Upon Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, a sex offender is defined as a person classified as a sexually
			 violent dangerous offender (ORS
			 137.765) or a level three sex
			 offender (ORS 163A.105).
(2) A sex offender may not reside near
			 locations where children are the primary occupants or users.
(3) This prohibition applies to permanent
			 housing and not to transitional housing. For purposes of this rule,
			 transitional housing means housing intended to be occupied by a sexually
			 violent dangerous offender or a level three sex offender for 45 days or less
			 immediately after release from custody.
(4) Exceptions to this prohibition may be
			 made by the supervising county community corrections agency if it is determined
			 that there is sufficient information to support this placement in terms of
			 public safety and the rehabilitation of the sex offender. In making this
			 determination, the following factors must be considered:
(a) Other residential placement options pose
			 a higher risk to the community;
(b)
			 An enhanced support system that endorses supervision goals and community safety
			 efforts is available at this residence;
(c) Enhanced supervision monitoring will be
			 in place (for example, electronic supervision, curfew, live-in care provider,
			 along with community notification);
(d) This residence includes 24-hour case
			 management; or
(e) The sex offender
			 is being released from custody unexpectedly and more suitable housing will be
			 arranged as soon as possible.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0100 - Offenders Eligible for the Sexually Violent Dangerous Offender Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Sexually violent dangerous offender" is a person who is being released from
			 custody after serving a sentence of incarceration as a result of conviction for
			 an offense listed in subparagraph (1)(a) of this rule, who has psychopathic
			 personality features, sexually deviant arousal patterns or interests and a
			 history of sexual assault, and who the Board of Parole and Post-Prison
			 Supervision or local supervisory authority finds presents a substantial
			 probability of committing an offense listed in subparagraph (1)(a) of this
			 rule.
(a) The offenses to which this rule
			 applies are:
(A) Rape in the first degree and
			 sodomy in the first degree if the victim was:
(i) Subjected to forcible compulsion by the
			 person;
(ii) Under 12 years of age;
			 or
(iii) Incapable of consent by
			 reason of mental defect, mental incapacitation, or physical
			 helplessness;
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0110 - Sexually Violent Dangerous Offender Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board of Parole and Post-Prison
			 Supervision may designate an AIC or offender as a sexually violent dangerous
			 offender only if the AIC or offender:
(a)
			 Participated in or refused to participate in a psychological evaluation ordered
			 by the Board of Parole and Post-Prison Supervision; and,
(b) Requested an evidentiary hearing in
			 accordance with these rules or waived entitlement to such a hearing.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0120 - Sexually Violent Dangerous Offender Evidentiary Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purposes of
			 the evidentiary hearing are to:
(a) Determine
			 whether the AIC or offender meets the criteria of a sexually violent dangerous
			 offender as defined in OAR
			 291-202-0100(1)(a) and
			 (b) and;
(b) Determine if there is a substantial
			 probability of the AIC or offender committing one of the offenses listed in OAR
			 291-202-0100(1)(a).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 202 - CHEMICAL TREATMENT OF SEX OFFENDERS, RESIDENCE REQUIREMENTS FOR CERTAIN SEX OFFENDERS › Section 291-202-0130 - Sexually Violent Dangerous Offender Community Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
The community corrections agency supervising an AIC or offender
				found to be a sexually violent dangerous offender shall subject the AIC or
				offender to intensive supervision as defined in OAR
				255-005-0005(26).
Statutory/Other Authority: ORS
				  179.040,
				  144.635,
				  144.637,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  144.635,
				  144.637,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0010 - 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,
			 179.640,
			 179.770, 423,020,
			 423.030, and
			 423.075.
(2) Purpose: An inmate and the personal
			 estate of an inmate, or a decedent's estate are liable for the full cost of
			 care. The purpose of these rules is to establish guidelines for:
(a) Determination of ability to
			 pay;
(b) Notification to the inmate
			 of his/her obligation to pay for the cost of care; and
(c) Appeal rights and process.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0030 - Requirements for Obtaining Financial Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may require the inmate
			 and/or the inmate's representative to submit financial information on forms
			 provided by the department.
(2) The
			 department may obtain financial information regarding the inmate from other
			 sources the department considers reliable. These sources may include, but are
			 not limited to, the Social Security and Veterans Administration, Oregon
			 Department of Revenue, and other State of Oregon agencies.
Stat Auth: ORS
				  179.040,
				  179.640,
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Stat Impl: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0040 - Ability to Pay Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 inmate and the personal estate of an inmate, or a decedent's estate, is liable
			 for the full cost of care as established in ORS
			 179.701. The Department may
			 collect charges in advance for inmates with determinate sentences.
(2) The Department shall make a determination
			 of the inmate's ability to pay which is set forth in the Ability to Pay Order.
			 The two types of Ability to Pay Orders are: determination of charges and a
			 modification of charges. Each order shall be given one of these titles to
			 identify the type of determination it sets forth, based on the factors and
			 criteria described in the following sections.
(3) The inmate's ability to pay will be
			 investigated and an Ability to Pay Order may be issued when the Department is
			 aware of an inmate or the inmate's representative with cash assets or liquid
			 reserves in excess of the current biennial cost of care or $55,000 whichever is
			 greater. This Ability to Pay threshold is applicable only to the determination
			 of who will be reviewed for an Ability to Pay Order. (ORS
			 179.640(1)(b).
(4) The determination of the ability to pay
			 may be assessed at intake or any time during the inmate's sentence, based on
			 notification by sources the Department considers reliable. These sources
			 include, but are not limited to, the District Attorney's Office, the Social
			 Security and Veterans Administration, Oregon Department of Revenue, State of
			 Oregon agencies, or any other sources the Department deems credible.
(5) When determining an inmate's ability to
			 pay, in addition to other relevant factors, the Department will consider the
			 inmate's personal estate, the inmate's need for funds for personal support
			 after release, and the availability of third-party benefits such as, but not
			 limited to, Medicare or private insurance.
Stat. Auth.: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0050 - Determination of Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 amount determined by the Department to be the inmate's charges shall not exceed
			 the full cost of care for the dates covered by the Ability to Pay Order, less
			 payments and/or credits from any other sources the Department has received, or
			 reasonably anticipates receiving.
(2) Charges will be assessed using the
			 inmate's equity in all assets whether the asset is controlled by the person, or
			 by the person's authorized representative.
(a) Any asset may be liquidated in a lump sum
			 to pay charges assessed the inmate in the Ability to Pay Order.
(b) Equity in each asset will be determined
			 from the fair market value of the asset less any bona fide encumbrance against
			 the asset.
(c) When assets are used
			 as the basis for ongoing charges, the Department will estimate the length of
			 time the assets are expected to last. During the final 60 days of that time
			 period, the Department will review the inmate's financial circumstances for
			 modifying the inmate's charges.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0060 - Modification of Charges

Current through Register Vol. 63, No. 7, July 1, 2024
A modification of charges sets forth, in a new Ability to Pay
				Order, a change to the inmate's charges established by a prior Ability to Pay
				Order. When issuing a modification to charges, the department will consider the
				same factors as described in OAR 291-203-050. A modification to charges may be
				made to reflect:
(1) A change in the
			 inmate's financial circumstances that affects the inmate's ability to pay
			 ongoing monthly charges; or
(2) A
			 reduction in the cost of care amount due to a change in the previously
			 scheduled release date.
Stat Auth: ORS
				  179.040,
				  179.640,
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Stat Impl: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0070 - Notice of Ability to Pay

Current through Register Vol. 63, No. 7, July 1, 2024
The department shall provide actual notice to the inmate and
				any authorized representative, where known, of the inmate's ability to
				pay.
(1) The notice shall include the
			 inmate's full liability, a description of the person's appeal rights under a
			 contested case hearing, the date those rights terminate, and the address where
			 a request for hearing may be mailed or delivered.
(2) If the inmate has an authorized
			 representative, the original Ability to Pay Order shall be delivered to the
			 representative, and a copy shall be delivered to the inmate. Any Ability to Pay
			 Order delivered to an authorized representative shall include an explanation of
			 the department's right to demand payment of the charges assessed by the order,
			 and the consequences to the authorized representative of failing to comply, as
			 provided by ORS 179.653(3).
Stat Auth: ORS
				  179.040,
				  179.640,
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Stat Impl: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0080 - Waiver of Collection Action

Current through Register Vol. 63, No. 7, July 1, 2024
The department may issue a waiver to the collection of all or
				part of an inmate's unpaid charges based upon the best interest of the inmate
				or the department. Charges may be reassessed at a later time by a new Ability
				to Pay Order if the basis for waiver under this section ceases to
				exist.
Stat Auth: ORS
				  179.040,
				  179.640,
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Stat Impl: ORS
				  179.040,
				  179.610 -
				  179.770,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0090 - Hearing/Appeal Rights, Effect of Final Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an inmate or the inmate's authorized
			 representative disagrees with any Ability-to-Pay Order issued by the
			 department, the inmate or the inmate's authorized representative may request a
			 contested case hearing. The request must be postmarked within 60 days from the
			 date of the mailing of the Ability-to-Pay Order.
(2) If the inmate or the inmate's authorized
			 representative makes a timely request for a contested case hearing, the hearing
			 and any appeal of the final hearing order shall be governed by ORS
			 183.413 to
			 183.497. If the inmate or the
			 inmate's authorized representative fails to make a timely request for a
			 contested case hearing, the Ability-to-Pay Order shall be final and not subject
			 to judicial review, except as subsequently modified by the department as
			 provided in ORS 179.640(5).
(3) On appeal, regardless of other
			 information presented, payment of the full cost of care may be ordered if the
			 inmate or the inmate's authorized representative refuses to produce financial
			 information that the hearings officer determines is relevant and must be
			 produced.
(4) Effect of Order on
			 Authorized Representatives:
(a) An authorized
			 representative who has not had an opportunity to request a contested case
			 hearing, either because the authorized representative was not appointed at the
			 time of the Ability-to-Pay Order became final, or was not given notice of the
			 Ability-to-Pay Order as required by ORS
			 179.640(4),
			 shall not be bound by the department's order. To bind the authorized
			 representative, the department must reissue the Ability-to-Pay Order and
			 provide notice to the authorized representative as required by ORS
			 179.640(4).
(b) The authorized representative shall have
			 the same appeal rights as if the order had originally been issued to the
			 authorized representative.
(c)
			 After the order becomes final, the authorized representative shall be bound by
			 the order as provided in ORS
			 179.653.
(d) The department will not issue an
			 execution of a lien or foreclose against property held by or in the control of
			 the authorized representative until the authorized representative is bound by
			 the department's order as provided in ORS
			 179.653.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 203 - COST OF CARE REIMBURSEMENT (AIC) › Section 291-203-0100 - Enforcement of Lien

Current through Register Vol. 63, No. 7, July 1, 2024
If an inmate refuses to pay for the cost of care, the unpaid
				amount plus interest shall be a lien in favor of the State of Oregon. The lien
				shall be upon the title to and interest in the real and personal property of
				the personal estate.
(1) If any amount
			 due the department for the cost of care of an inmates is not paid within 30
			 days after it becomes due, and no provision is made to secure the payment by
			 bond, deposit or otherwise, pursuant to these rules, the department may enforce
			 its recoupment lien created by ORS
			 179.653 by issuance of a
			 Distraint warrant in the manner provided in ORS
			 179.655.
(2) Any warrant issued by the department
			 pursuant to ORS 179.655 shall clearly provide
			 that the sheriff or other person executing the warrant shall not levy upon and
			 sell any real or personal property that would be exempt under Oregon law from
			 execution pursuant to a judgment. However, the department shall not issue a
			 warrant pursuant to ORS
			 179.655 where:
(a) The amount due the department for the
			 cost of care of an inmate is not at least 30 days over due;
(b) Provision has been made to secure the
			 payment by bond or deposit or otherwise in conformation with this
			 rule;
(c) The inmate has exercised
			 the right to appeal the Ability to Pay Order pursuant to OAR
			 291-203-0090;
(d) Sixty-one days have not passed since the
			 issuance of the Ability to Pay Order; or
(e) The inmate or the inmate's authorized
			 representative has not been given at least ten days prior notice that the
			 department intends to issue such a warrant.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0010 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The authority for these rules is granted to the Director of the Oregon
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: This purpose of these rules is
			 to establish Department policies and procedures governing access by media
			 representatives to Department of Corrections facilities, programs, staff and
			 inmates.
(3) Policy:
(a) The Department acknowledges the public's
			 concern and interest in the Department's public safety role.
(b) In recognition of the media's role in
			 reporting matters of public interest, and within the inherent limitations of
			 resources and the need for facility security, safety and inmate rehabilitation,
			 it is the policy of the Department to permit and facilitate access by media
			 representatives to Department facilities, programs, inmates and staff for the
			 purposes stated above.
(c)
			 Interviews with designated Department inmates may be permitted with their
			 consent. When authorized, an interview with a designated inmate is permitted
			 neither as a matter of right nor as a privilege of the inmate or the media;
			 rather, an interview may be approved when it 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.
(d) There are inherent risks associated with
			 entering a prison. Consequently, media representatives enter Department of
			 Corrections facilities at their own risk, and are required to comply with all
			 security and control measures of the facility and the directions of Department
			 staff.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions for OAR
				291-204-0010-291-204-0080:
(1) Accredited Media Organization:
(a) A newspaper that qualifies as a general
			 circulation newspaper in the community in which it is published. A newspaper is
			 one of "general circulation" if it circulates among the general public and if
			 it publishes news of a general character of general interest to the public such
			 as news of political, religious, commercial or social affairs. A key test to
			 determine whether a newspaper qualifies as a "general circulation" newspaper is
			 to determine whether the paper qualifies for the purpose of publishing legal
			 notices in the community in which it is located or the area to which it
			 distributes.
(b) A magazine that
			 has a national circulation and is sold by newsstands and by mail subscription
			 to the general public.
(c) A
			 national or international wire service.
(d) A radio or television program whose
			 primary purpose is to report news, of a station holding a Federal
			 Communications Commission license.
(e) A corrections trade publication that
			 reports on industry practices.
(f)
			 An Internet Web site affiliated with the organizations described in sections
			 (a)-(e) above.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0030 - General Provisions Governing Media Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Media Access to Facilities and Programs:
			 Consistent with the Department's policy, media representatives are encouraged
			 to visit and tour facilities and programs for the purpose of professional
			 enhancement, observation and reporting.
(2) Media Access to Designated Inmates: Media
			 representatives who desire contact with a designated inmate may seek to do so
			 through correspondence, telephone or visiting. Media representatives may
			 request a special visit to interview the inmate consistent with the provisions
			 set forth in Media Access to Designated Inmates (OAR
			 291-204-0060).
(3) Media Access to Staff: Media
			 representatives who desire access to a DOC facility to interview a staff member
			 will generally be accommodated if the staff member and the functional unit
			 manager consent.
(4) Media Access
			 in the Event of an Emergency: Media may be restricted from access to facilities
			 for security purposes, during emergencies or when access would be a disruption
			 of operational activities. In accordance with the Department's rules on Release
			 of Public Information (OAR 291-039), the Department may designate a news media
			 center.
(5) Media Coverage of
			 Executions: Media access to DOC facilities and staff in connection with media
			 coverage of an execution is set forth in the Department's rules on Capital
			 Punishment (Death by Lethal Injection) (OAR 291-024).
(6) Media Coverage to Board of Parole and
			 Post-Prison Supervision Hearings: Media access to Board hearings is set forth
			 in the Department's rules on Access to Board of Parole and Post-Prison
			 Supervision Hearings (OAR 291-153) and the Board's rule on Who May Appear at a
			 Board of Parole and Post-Prison Supervision Hearing (OAR
			 255-030-0026).
(7) Media Access Regarding Matters that are
			 the Subject of Pending or Anticipated Litigation: Media access for the purpose
			 of reporting about matters that are the subject of pending or anticipated
			 litigation is not permitted, except under OAR
			 291-204-0040.
(8) The Department has a responsibility to:
(a) Provide accurate and timely answers to
			 questions that may be raised during a tour or a visit;
(b) Understand the deadline pressures of the
			 media;
(c) Be accommodating and
			 cooperative; and
(d) Inform media
			 representatives of facility access safety and security procedures to ensure
			 that visits proceed smoothly.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 204 - MEDIA ACCESS › Section 291-204-0040 - Writing, Telephoning and Visiting an Inmate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Media representatives may contact an
			 inmate by mail. All mail must comply with the Department's rules on Mail
			 (Inmate) (OAR 291-131).
(2) Inmates
			 may request that media representatives be placed on their personal call list.
			 Phone calls may be collect. All phone calls must comply with the Department's
			 rules on Telephones (Inmate) (OAR 291-130).
(3) Inmates may request that media
			 representatives be placed on their approved visiting list. Visits must comply
			 with the Department's rules on Visiting (Inmate) (OAR 291-127).
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075