reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0140

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
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 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0150

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0170

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0175

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Impl.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0190

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0200 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0205 - Grievance and Appeal Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grievances must be received by the institution grievance coordinator or
			 designee within 14 calendar days from the date of the incident or issue being
			 grieved, unless the AIC can satisfactorily demonstrate why the grievance could
			 not be timely filed. Untimely grievances will be denied and returned to the AIC
			 with a statement of the rule.
(2) A
			 grievance response will be sent to the AIC within 35 calendar days from the
			 date the grievance was accepted by the institution grievance coordinator,
			 unless further review is necessary to fully respond to the AIC's grievance, in
			 which case the AIC will be notified that the department will respond within an
			 additional 14 calendar days.
(3)
			 Initial appeals must be received by the institution grievance coordinator or
			 designee within 14 calendar days from the date the initial grievance response
			 was sent to the AIC unless the AIC can satisfactorily demonstrate why the
			 initial appeal could not be timely filed. Untimely initial appeals will be
			 denied and returned to the AIC with a statement of the rule.
(4) A response to the initial appeal will be
			 sent to the AIC within 35 calendar days from the date the initial appeal was
			 accepted, unless further review is necessary to fully respond to the AIC's
			 initial appeal, in which case the AIC will be notified that the department will
			 respond within an additional 14 calendar days.
(5) Final appeals must be received by the
			 institution grievance coordinator or designee within 14 calendar days from the
			 date the initial appeal response was sent to the AIC unless the AIC can
			 satisfactorily demonstrate why the final appeal could not be timely filed.
			 Untimely final appeals will be denied and returned to the AIC with a statement
			 of the rule.
(6) A response to the
			 final appeal will be sent to the AIC within 35 calendar days from the date the
			 final appeal was accepted, unless further review is necessary to fully respond
			 to the AIC's final appeal, in which case the AIC will be notified that the
			 department will respond within an additional 14 calendar days.
(7) If the deadline for submitting a
			 grievance or appeal falls on a weekend or legal holiday, that grievance or
			 appeal will be deemed timely if the grievance or appeal form is timely dated by
			 the AIC and the institution grievance coordinator receives the grievance or
			 appeal during the first business day following the weekend or legal holiday in
			 which the deadline passed.
(8)
			 Grievances, grievance appeals, or responses may be consolidated by the
			 department.
Statutory/Other Authority: ors
				  179.040,
				  179.321,
				  179.360,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ors
				  179.040,
				  179.321,
				  179.360,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0210 - Permissible Grievance Issues

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 AIC may only request review of one matter, action, or incident per grievance.
(a) If multiple staff or functional units are
			 involved in a single incident, each should be included in a single grievance
			 and one grievance response will be prepared from the most appropriate
			 individual at the discretion of the institution grievance coordinator.
(b) For the purposes of a
			 specialty committee, only one grievance shall be submitted for the issue or
			 incident.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0215 - Grievance and Appeal Submission Limits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC cannot have more than four active
			 complaints (grievances, discrimination complaints, or appeals of either) at any
			 time. Any grievance or appeal submitted that exceeds that limit will be found
			 to be an improper use of the grievance review and discrimination complaint
			 review systems and returned to the AIC with a statement of the rule.
(2) An AIC cannot submit more than a combined
			 total of four initial AIC grievances and discrimination complaints per calendar
			 month.
(3) Emergency grievances as
			 defined under OAR 291-109-0110
			 (8), sexual harassment grievances as defined
			 under OAR 291-109-0110
			 (19) and sexual abuse grievances submitted
			 under OAR 291-109-0245 (or any appeal of
			 either) are not counted when determining, for purposes of this rule, the number
			 of active complaints or the number of submitted grievances or discrimination
			 complaints within any calendar month.
(4) Any grievance or discrimination complaint
			 (or appeal of either) received that causes the AIC to exceed the limits
			 described in OAR 291-109-0215(1) or
			 (2) will be considered an improper use of the
			 grievance review and discrimination complaint review systems.
(5) The requirements of OAR
			 291-109-0215 do not apply to
			 emergency grievances, sexual harassment grievances or sexual abuse
			 grievances.
(6) When determining
			 the total number of active complaints, the Department will not count any
			 complaint (grievances, discrimination complaints, or appeals of either)
			 submitted prior to the first effective date of this rule.
Statutory/Other Authority: ors
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  179.321
Statutes/Other Implemented: ors
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  179.321
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0220 - Grievance and Appeal Submission Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an AIC is unable to resolve an issue
			 through informal communication, the department encourages the AIC to seek
			 resolution of the issue by submitting a written grievance to the institution
			 grievance coordinator using the department's approved AIC grievance form in
			 accordance with these rules. As with informal communications, AICs shall use a
			 civil and respectful tone and manner in their written grievances to attempt to
			 resolve the issue or concern.
(a)
			 Instructions for filing a grievance are found on the reverse side of the AIC
			 grievance form, or the AIC may contact the institution grievance coordinator or
			 the law library.
(b) Functional
			 unit managers or designees shall ensure the approved AIC grievance forms are
			 readily available to AICs in DOC correctional facilities.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0225 - Grievance and Appeals General Processing Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The institution grievance coordinator
			 shall date stamp the grievance form or appeal upon receipt. After the form has
			 been date stamped and recorded, the AIC will be issued a return receipt, and if
			 accepted, the grievance or grievance appeal will be forwarded to the
			 appropriate staff or manager for review and response.
(2) Grievances and grievance appeals returned
			 for correction:
(a) An AIC may elect to
			 resubmit a grievance or grievance appeal that has been returned for correction
			 to the AIC because it does not comply with these rules.
(b) The grievance or grievance appeal may
			 only be resubmitted twice and must be received by the institution grievance
			 coordinator within 14 calendar days from the date when the grievance or
			 grievance appeal was originally returned to the AIC.
(c) If rewritten, the return receipt and
			 original grievance or grievance appeal must also be attached.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0230 - Initial Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC may
			 appeal the initial grievance response using the grievance appeal form.
(a) The appeal must include the original
			 grievance, attachments, and staff response(s).
(b) The appeal must comply with the
			 timeframes set forth in OAR
			 291-109-0205.
(c) The scope of the original grievance
			 cannot be expanded on appeal.
(d)
			 No new information may be submitted with the appeal unless the information was
			 unavailable to the AIC at the time the original grievance was filed or if the
			 initial grievance response noted that the information was missing and the
			 submitted information is directly related to the alleged issue or incident
			 being grieved.
(e) After the appeal
			 has been date stamped and recorded, the AIC will be issued a return receipt. If
			 accepted, the grievance appeal will be forwarded to the functional unit manager
			 or designee for review and response.
(f) If a grievance appeal is returned to the
			 AIC because it does not comply with these rules, the AIC may elect to resubmit
			 the grievance appeal to the institution grievance coordinator. In order to be
			 accepted, the grievance appeal must be received by the institution grievance
			 coordinator within 14 calendar days from the date it was sent back to the AIC
			 for correction and have the required corrections to bring the document into
			 compliance with this rule. The returned receipt must accompany the
			 resubmission. If rewritten, the original grievance appeal and complete packet
			 must also be attached. Multiple resubmissions may not exceed the initial 14 day
			 timeline.
(g) A denied initial
			 grievance or appeal cannot be appealed.
(h) The functional unit manager or designee
			 shall respond to the AIC's grievance appeal within the timeframes set forth in
			 OAR 291-109-0205.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0235 - Final Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC may
			 appeal the functional unit manager's or designee's response using the grievance
			 appeal form.
(a) The appeal must include the
			 original grievance, grievance appeal, attachments and staff
			 responses.
(b) The appeal must
			 comply with the timeframes set forth in OAR
			 291-109-0205.
(c) The scope of the original grievance
			 cannot be expanded on appeal.
(d)
			 No new information may be submitted with the appeal unless the information was
			 unavailable to the AIC at the time the original grievance was filed or if the
			 initial grievance response or initial appeal response noted that the
			 information was missing and the submitted information is directly related to
			 the alleged issue or incident being grieved.
(e) After the appeal has been date stamped
			 and recorded, the AIC will be issued a return receipt. If accepted, the appeal
			 will be forwarded to the Assistant Director or designee having authority to
			 review and resolve the issue.
(f)
			 If a grievance appeal is returned to the AIC because it does not comply with
			 these rules, the AIC may elect to resubmit the grievance appeal to the
			 institution grievance coordinator. In order to be accepted, the grievance
			 appeal must be received by the institution grievance coordinator within 14
			 calendar days from the date it was sent back to the AIC for correction and have
			 the required corrections to bring the document into compliance with this rule.
			 The returned receipt must accompany the resubmission. If rewritten, the
			 original grievance appeal and complete packet must also be attached. Multiple
			 resubmissions may not exceed the initial 14 day timeline.
(g) A denied initial grievance or appeal
			 cannot be appealed.
(h) The
			 Assistant Director or designee shall respond to the AIC's grievance appeal
			 within the timeframes set forth in OAR
			 291-109-0205.
(i) The Assistant Director's or designee's
			 decision on an AIC's grievance appeal is final, and is not subject to further
			 review.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0240 - Improper Use of Grievance Review System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC improperly uses the grievance
			 system when they:
(a) Include language that
			 is identified as posing a criminal threat;
(b) Repeatedly submit grievances,
			 discrimination complaints, or appeals of either, that do not comply with the
			 requirements set forth in this rule, including, but not limited to, multiple
			 resubmissions of the same grievance or appeal, multiple untimely grievances,
			 and multiple resubmissions of uncorrected grievances; or
(c) Submit grievances, discrimination
			 complaints, or appeals of either, in excess of the allowed limitations set
			 forth in OAR 291-109-0215.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0245 - Sexual Abuse Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule sexual abuse is defined as sexual abuse of an AIC by
			 another AIC and sexual abuse of an AIC by a staff member.
(a) Sexual abuse of an AIC by another AIC
			 includes any of the following acts, if the victim does not consent, is coerced
			 into such act by overt or implied threats of violence, or is unable to consent
			 or refuse.
(A) Contact between the penis and
			 the vulva or the penis and the anus, including penetration, however
			 slight;
(B) Contact between the
			 mouth and the penis, vulva, or anus;
(C) Penetration of the anal or genital
			 opening of another person, however slight, by a hand, finger, object or other
			 instrument; and
(D) Any other
			 intentional touching, either directly or through the clothing, of the
			 genitalia, anus, groin, breast, inner thigh, or the buttocks of another person,
			 excluding contact incidental to a physical altercation.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 109 - GRIEVANCE REVIEW SYSTEM (AIC) › Section 291-109-0250 - Retention of Inmate Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The institution grievance coordinator will retain a file copy of grievances
			 with pertinent documents, including appeals, in accordance with the
			 department's approved retention schedule for these records.
(2) AIC grievances will not be filed in the
			 AIC's working file.
(3) AIC
			 grievances will not be filed in the staff working file.
Statutory/Other Authority: ORS
				  179.040,
				  179.321,
				  179.360,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  179.321,
				  179.360,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 111 - ACCESSIBILITY FOR ADULTS IN CUSTODY WITH DISABILITIES › Section 291-111-0100 - 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 (DOC) in accordance with ORS
			 179.040,
			 179.360,
			 423.020, ORS
			 423.030, and ORS
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish procedures consistent with state and federal law that ensure that
			 qualified adults in custody (AICs) are not excluded from participation in, or
			 denied the benefits of DOC programs, services, or activities, or otherwise
			 subjected to discrimination, because of a disability.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to ensure that qualified AICs are not excluded from participation
			 in, or denied the benefits of department programs, services, or activities, or
			 otherwise subject to discrimination, because of a disability.
(b) Due to the complex nature of the
			 correctional setting, an AIC who believes they are or have been excluded from
			 participation in, or denied the benefits of, programs, services, or activities,
			 may use the department's grievance review system.
(c) Within the inherent limitations of
			 resources and the need for facility security, safety, health and good order, it
			 is the policy of the Department of Corrections that all AICs be treated fairly
			 and equitably, and that staff actions and decisions be consistent with the
			 rules, policies, and procedures of the department.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 111 - ACCESSIBILITY FOR ADULTS IN CUSTODY WITH DISABILITIES › Section 291-111-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Accessibility
			 request: A request to modify department rules, policies, or practices, to
			 remove architectural, communication, or transportation barriers, or to provide
			 auxiliary aids and services for a qualified AIC with a disability to
			 participate in or access the benefits of department programs, services, or
			 activities.
(2) 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.
(3) Americans with Disabilities Act (ADA):
			 The federal law, Americans with Disabilities Act of 1990,
			 42 U.S.C. §
									12101,
et seq
., as amended
			 by the ADA Amendments Act of 2008 (Public
			 Law 110-325.)
(4) Auxiliary Aids and Services: Auxiliary
			 aids and services are defined in
			 28
			 CFR §
									35.104 and include:
(a) Qualified interpreters on-site or through
			 video remote interpreting (VRI) services; note takers; real-time computer-aided
			 transcription services; written materials; exchange of written notes; telephone
			 handset amplifiers; assistive listening devices; assistive listening systems;
			 telephones compatible with hearing aids; closed caption decoders; open and
			 closed captioning, including real-time captioning; voice, text, and video-based
			 telecommunications products and systems, including text telephones (TTYs),
			 videophones, and captioned telephones, or equally effective telecommunications
			 devices; videotext displays; accessible electronic and information technology;
			 or other effective methods of making aurally delivered information available to
			 individuals who are deaf or hard of hearing;
(b) Qualified readers; taped texts; audio
			 recordings; braille materials and displays; screen reader software;
			 magnification software optical readers; secondary auditory programs (SAP);
			 large print materials; accessible electronic and information technology; or
			 other effective methods of making visually delivered materials available to
			 individuals who are blind or have low vision;
(c) Acquisition or modification of equipment
			 or devices; and
(d) Other similar
			 services and actions.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 111 - ACCESSIBILITY FOR ADULTS IN CUSTODY WITH DISABILITIES › Section 291-111-0115 - Accessibility Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An AIC may,
			 at any time while in custody at a DOC facility or under the supervision of DOC
			 while in the community, make an accessibility request to ensure the AIC is not
			 excluded from participation in, or denied the benefits of DOC programs,
			 services, or activities equal access to programs, services, and activities they
			 are otherwise qualified to benefit from or participate in. An accessibility
			 request may include a request for modification of DOC rules, policies, or
			 practices, the removal of architectural, communication, or transportation
			 barriers, or the provision of auxiliary aids and services.
(2) DOC programs, services, and activities
			 include, but are not limited to, the following: academic and vocational
			 education, work programs, work release programs, activities, mail, telephone,
			 visiting, library, law library, religious programs, orientation, transportation
			 services, classification, food service, sanitation and hygiene, health care,
			 release, discipline, grievance procedure, and disciplinary hearings, safety and
			 emergency procedures access to court, canteen, and psychological or psychiatric
			 services.
(3) To make an
			 accessibility request, an AIC shall complete and submit an Accessibility
			 Request form as provided in this rule.
(a) An
			 Accessibility Request form may be obtained from any DOC employee.
(b) An AIC who is unable to complete the
			 Accessibility Request form because of disability or inability to write in the
			 English language, may request assistance from an institution AIC ADA
			 coordinator (with the assistance of an interpreter when appropriate).
(c) The completed form will be sent directly
			 to the institution AIC ADA coordinator.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 111 - ACCESSIBILITY FOR ADULTS IN CUSTODY WITH DISABILITIES › Section 291-111-0125 - Americans with Disability Act Grievance process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Allegations regarding alleged ADA
			 accessibility claims will be filed utilizing the process outlined in OAR
			 291-109 (Grievance Review System). The institution AIC ADA Coordinator will be
			 assigned to assist in the review and investigation of the claim. The grievance
			 will be responded to by the Statewide AIC ADA Coordinator in consultation with
			 the institution AIC ADA Coordinator. Grievance appeals will be processed in
			 accordance with OAR 291-109.
(2)
			 Allegations of inappropriate comments to or about an AIC's disability will be
			 filed utilizing the process outlined in OAR 291-006 (Discrimination Complaint
			 Review System). The Institution Discrimination Complaint Coordinator, or other
			 assigned staff, will coordinate the investigation. The discrimination complaint
			 will be responded to by the appropriate Functional Unit Manager. The
			 discrimination complaint appeal will be processed in accordance with OAR
			 291-006.
(3) AICs have the right to
			 correspond with and receive a response from an institution AIC ADA Coordinator
			 or the Statewide AIC ADA Coordinator regarding concerns of disability
			 discrimination or any ADA related matter.
(4) The institution AIC ADA Coordinator
			 cannot be grieved for claims involving medical treatment or the scope and
			 quality of medical care. Grievances claiming such issues shall be made against
			 the appropriate Health Services provider.
Statutory/Other Authority: ORS
				  179.040,
				  179.360,
				  423.020,
				  423.030,
				  423.075,
				  659a.142 &
				  42 USC §
											12132.
Statutes/Other Implemented: ORS 179.040, 179.360, 423.020,
				  423.030, 423.075, 659a.142 &
				  42 USC §
											12132.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 113 - EDUCATION AND TRAINING PROGRAMS › Section 291-113-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections (DOC) in accordance with ORS
			 179.040,
			 421.084,
			 423.020,
			 423.030,
			 423.075, and
			 423.085.
(2) Purpose: The purpose of this rule is to
			 establish uniform requirements for the correctional education programs offered
			 in Department of Corrections facilities.
(3) Policy: It is the policy of the
			 Department of Corrections, within the resources available, to provide
			 educational programs that are responsive to the assessed needs of adults in
			 custody (AICs).
(a) Pursuant to ORS
			 179.750(2),
			 there will be no discrimination in the provision of education facilities and
			 services in state institutions, including those administered by the Department
			 of Corrections, on the basis of age, race, religion, gender, gender identity,
			 marital status, national origin, disability, or any other protected class.
			 Criteria for selection and assignment to these programs shall be equitable and
			 nondiscriminatory for all participants based on the adult in custody's
			 interest, academic need, aptitude, prior academic record, and career goals as
			 identified at the time of admission to a Department of Corrections
			 facility.
(b) Pursuant to ORS
			 421.084, adult basic skills
			 development education is mandatory for all adults in custody testing below the
			 8.0 grade equivalency on a standardized reading test approved by the National
			 Reporting System for Adult Education of the United States Department of
			 Education and by the Adult Basic Skills Program of the Office of Community
			 Colleges and Workforce Development except for adults in custody:
(A) Sentenced to or otherwise confined by the
			 Department of Corrections for less than one year;
(B) Sentenced to life imprisonment without
			 parole;
(C) Sentenced to
			 death;
(D) With developmental
			 disabilities; or
(E) Who are
			 specifically exempted by the Department of Corrections for security or health
			 reasons.
(c)
			 Participation in educational programs is by mutual agreement between the adult
			 in custody and the appropriate institutional staff including, but not limited
			 to, admission and orientation, education, and security. Reassessment may also
			 be conducted at the request of the AIC, educational staff, or the AIC's
			 counselor at any subsequent time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 113 - EDUCATION AND TRAINING PROGRAMS › Section 291-113-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult Basic
			 Education (ABE): Also known as Adult Basic Skills Development (ABSD), includes
			 reading, writing, math, speaking and listening in English, and the adult
			 secondary education general education development test (GED).
(2) 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.
(3) Assessment: As applied in this rule, a
			 test designed to measure the grade-level or scaled score achievement of the
			 person tested as approved by the Oregon Higher Education Coordinating
			 Commission (HECC).
(4)
			 Correspondence Courses: A course provided by an accredited college, university,
			 or industry-recognized vocational program, under which the program provides
			 instructional materials by mail, including examinations on the materials, to
			 students who are separated from the instructor.
(5) Department of Corrections Facility: Any
			 institution, facility, or staff office, including the grounds, operated by the
			 Department of Corrections.
(6)
			 Post-Secondary Education: A post-secondary course of studies offered through a
			 college, university, trade school, vocational school, or correspondence courses
			 and approved by the department's Education and Training
			 Administrator.
(7) Reading
			 Literacy: A program targeted to those AICs scoring below an 8.0 grade
			 equivalency reading level on a HECC-approved standardized assessment.
(8) Work-Based Education (WBE): Programs that
			 provide academic and technical skills, knowledge, and hands-on training that
			 can assist adults in custody in obtaining employment after release. These
			 programs, if successfully completed, provide industry-recognized certification
			 or college credit.
Statutory/Other Authority: ORS
				  179.040,
				  421.084,
				  423.020,
				  423.030,
				  423.075 &
				  423.085
Statutes/Other Implemented: ORS
				  179.040,
				  421.084,
				  423.020,
				  423.030,
				  423.075 &
				  423.085
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 113 - EDUCATION AND TRAINING PROGRAMS › Section 291-113-0015 - Post-Secondary Education Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Post-secondary college and university programs are not funded by the
			 department. Post-secondary programs are provided by community colleges or
			 universities or through correspondence courses and must be approved by the
			 department's Education and Training Administrator.
(2) Correspondence courses:
(a) AICs must follow the institution rules
			 regarding mailroom and package authorization.
(b) All correspondence courses must be
			 reviewed and approved by both the institution Education Manager or designee and
			 the department's Education and Training Administrator or designee before an AIC
			 may enter into a correspondence course.
(c) If the resources are available, the
			 institution education unit or other department staff may assist with proctoring
			 tests and preparing callouts for viewing media. Resources will differ from
			 facility to facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 113 - EDUCATION AND TRAINING PROGRAMS › Section 291-113-0021 - Work-Based Education (WBE) Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Selection criteria for entry into WBE
			 training programs:
(a) A high school diploma
			 or GED;
(b) Level 5 or higher
			 educational functional level for reading and math as defined by the National
			 Reporting System for Adult Education; and
(c) Prior program success, conduct history,
			 or conflicts.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 113 - EDUCATION AND TRAINING PROGRAMS › Section 291-113-0030 - Vocational and Apprenticeship Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Selection criteria for entry into an
			 apprenticeship or vocational program is based upon the specific program and may
			 include the following:
(a) Oregon BOLI
			 (Bureau of Labor and Industry) or industry requirements for the training in
			 accordance with OAR 839-011 Apprenticeship and Training Council;
(b) Conduct history, security issues, or
			 conflicts; and
(c) Content of the
			 apprenticeship or vocational program application.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 113 - EDUCATION AND TRAINING PROGRAMS › Section 291-113-0035 - Adult Basic Education (ABE) Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ABE program is available to AICs
			 based on identified need. Need will be determined through a recognized
			 assessment as required by
			 291-113-0005 to determine the
			 reading and math literacy level or scaled score achievements of the AIC. The
			 assessment level or scaled score will be used for correct placement of the
			 individual in the ABE program. Those unable to test will be given further
			 assessment at the facility in which they reside and will be recommended for
			 appropriate programming.
(2) ABE
			 program participation will be based on AIC need as identified in their case
			 plan.
(a) AICs who do not have a high school
			 diploma or GED credential will be entered into the ABE program.
(b) In accordance with ORS
			 421.084, the reading literacy
			 program is mandatory for AICs scoring below the 8.0 grade equivalency on a
			 standardized reading test approved by the National Reporting System for Adult
			 Education of the United States Department of Education and by the Adult Basic
			 Skills Program of the Office of Community Colleges and Workforce Development.
			 AICs who have their high school diploma or GED but score below the 8.0 grade
			 equivalency will be placed into a reading program until the student achieves a
			 reading score at or above the 8.0 grade equivalency reading level.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0005 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish policy and procedures for inmates in Department of Corrections
			 facilities, to acquire, possess, store and dispose of property consistent with
			 sound correctional practices and the safe, secure, orderly and efficient
			 operation and management of Department facilities.
(3) Policy: Within the inherent limitations
			 of resources and the need for facility security, safety, health and good order,
			 it is the policy of the Department of Corrections that inmates are authorized
			 to acquire, possess, store and dispose of property in accordance with and
			 subject to the procedures and restrictions set forth in these rules. Primary
			 objectives of these rules are:
(a) To provide
			 for the processing of inmate personal property in a prompt, orderly and
			 efficient manner;
(b) To prevent
			 the introduction and creation of contraband or articles which could constitute
			 a safety and/or security hazard;
(c) To limit the amount of personal property
			 which may be acquired and retained consistent with sound correctional
			 practices, taking into consideration available space, accountability, fire,
			 health, safety, sanitation, and security needs;
(d) To provide for the safekeeping, storage,
			 or disposal of inmate personal property; and
(e) To allow personal property to transfer
			 with an inmate from one Department of Corrections facility to another
			 Department of Corrections facility.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0008 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 inmate's own pending and active case(s), lawsuit(s) before the
			 courts or paroling authorities.
(2)
			 Contraband: Any article or thing which an inmate is prohibited by statute, rule
			 or order from obtaining, possessing, creating, or which the inmate is not
			 specifically authorized to obtain or possess or which the inmate alters without
			 authorization.
(3) Department of
			 Corrections Facility: Any institution, facility, or staff office, including the
			 grounds, operated by the Department of Corrections.
(4) Functional Unit Manager: Any person
			 within the Department of Corrections who reports to either the Director, an
			 Assistant Director, or an administrator and has responsibility for delivery of
			 program services or coordination of program operations.
(5) General Population Housing: Cell or
			 dormitory housing for general population inmates whose assignment is not
			 restricted or segregated for disciplinary or programming reasons.
(6) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole, post-prison supervision,
			 or probation status.
(7) Special
			 Housing: Housing for inmates whose assignment is administrative segregation,
			 disciplinary segregation, Special Management Unit, Infirmary, Intensive
			 Management Unit, and Death Row.
(8)
			 Staff Chaplain: A person employed full-time or contracted by the Department of
			 Corrections to provide religious services to inmates in Department of
			 Corrections facilities.
(9)
			 State-Issued Property: Items that are issued to the inmate by the department
			 for his/her personal use.
Stat. Auth.: ORS 170.040,
				  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 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0070 - Inmate Property (General)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each Department of Corrections facility shall have a specific location(s) where
			 inmate property may be securely stored when not in the possession of the inmate
			 and where property records are maintained.
(2) Property Limit: Inmate property shall not
			 exceed the capacity of storage space located in the inmate's assigned housing
			 area and designated by the functional unit manager/designee for the storage of
			 inmate personal property. Designated storage space includes, but is not limited
			 to, drawers, storage box(es), cabinet(s), shelf(ves), clothing hook(s), or
			 under the bunk. Inmates shall be informed of the storage space capacity of the
			 facility where they are assigned.
(3) All inmate property shall be stored
			 neatly in designated storage space(s) when not in use.
(4) All unbound paper products shall be
			 cleared from open areas when not in use, and placed in designated storage,
			 except as authorized by the functional unit manager/designee.
(5) Inmates are solely responsible for the
			 care and safekeeping of their personal property while it is in their
			 possession.
(6) All personal
			 property must be acquired through authorized means.
(7) Property items offered as part of a
			 non-cash incentive program will be handled in accordance with theses rules and
			 the department's rule on Performance Recognition and Award System (Inmate) (OAR
			 291-077).
(8) Inmates are
			 responsible for retaining canteen receipts for property purchased after the
			 effective date of this rule. Receipts shall be retained as proof of purchase
			 for as long as the property is in the inmate's possession.
(9) Inmates are required to retain
			 authorization slips for property acquired though any other approved process
			 after the effective date of this rule. Slips shall be retained as proof of
			 authorization for as long as the property is in the inmate's
			 possession.
Stat Auth: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stat Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0080 - Authorized Inmate Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each inmate may
			 possess authorized personal property and state-issued clothing not to exceed
			 the capacity of the designated storage space located in the inmate's assigned
			 housing area. Each inmate is authorized to possess only the following personal
			 property items:
(a) One television;
(b) One CD player;
(c) One portable/pocket radio;
(d) One radio/tape player (boom box): An
			 existing radio/tape player (boom box) acquired through authorized means and
			 possessed by the inmate prior to the effective date of this rule may be
			 retained by the inmate until transfer or release.
(e) One alarm clock;
(f) Jewelry: One plain, smooth wedding band,
			 without stones or protrusions (must be married to possess), and one watch
			 purchased through the canteen;
(g)
			 Religious Items: Items authorized for religious use by inmate in accordance
			 with the rule on Religious Activities (Inmate) (OAR 291-143) that are purchased
			 through the canteen or authorized in writing by the staff chaplain;
(h) One acoustic guitar or other stringed
			 instrument similar to and no larger than a guitar ordered/purchased through the
			 canteen, and supporting equipment as appropriate (e.g., instrument strap, case,
			 pitch pipe, and plastic picks),
(A) Instrument
			 strings will be available for purchase through the facility canteen on a one
			 for one exchange basis.
(B)
			 Existing electric guitar and supporting equipment acquired through authorized
			 means and possessed by the inmate prior to the effective date of this rule may
			 be retained by the inmate until transfer or release.
(i) Personal and authorized books, magazines,
			 newspapers, photos, personal mail, and any item purchased through the canteen
			 or another approved process;
(j)
			 Authorized legal material;
(k)
			 Medical prosthesis approved by Health Services;
(l) Cosmetic Appliances (where authorized
			 pursuant to subsection (4) of this rule): One electric hair dryer, one electric
			 curling iron/brush, and one electric flat iron for hair;
(m) Oregon driver's license (for individual
			 inmates assigned to minimum security facilities who have received written
			 authorization from the functional unit manager/designee for work-related
			 activity); and
(n) Personal
			 Clothing: An inmate participating in an approved work release program at a
			 minimum security facility may be authorized by the functional unit
			 manager/designee to possess additional items of personal clothing necessary for
			 the approved work activity.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0090 - Authorized Inmate Property at Initial Intake

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each inmate received at intake shall
			 possess only the following personal property items while awaiting assignment to
			 an appropriate facility within the state system:
(a) Medical prosthesis as approved by Health
			 Services (includes prescription eyeglasses);
(b) One plain smooth wedding band, without
			 stones or protrusions (must be married to possess); and
(c) Authorized legal material.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0100 - Authorized Legal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 inmate is authorized to possess in his/her living quarters, and in the facility
			 law library, legal material in or directly pertaining to his/her own pending
			 and active case(s)/lawsuit(s) before the courts or paroling authorities. The
			 authorized legal material shall not exceed the capacity of storage container(s)
			 designated by the functional unit manager/designee for storage of inmate
			 personal property. If an inmate exceeds the capacity of available storage in
			 his/her living quarters, additional authorized legal storage container(s) will
			 be available for purchase (limit two). Additional legal storage containers
			 shall only be used to store an inmate's authorized legal materials.
(2) Prior to an inmate being allowed to
			 purchase additional legal storage container(s), the inmate must send a written
			 request to the staff member(s) designated by the functional unit
			 manager/designee.
(a) The staff member will
			 verify the requesting inmate has authorized legal materials that exceed the
			 designated storage capacity of the inmate's living quarters. The staff member
			 will also verify the number of legal storage containers the inmate needs for
			 the storage of his/her authorized legal materials.
(b) Once verified, the inmate will follow the
			 procedure designated by the functional unit manager/designee regarding the
			 purchase of authorized legal storage containers.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 117 - PERSONAL PROPERTY (AIC) › Section 291-117-0110 - Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authorized
			 inmate personal property items shall be allowed to transfer with the inmate to
			 any Department of Corrections facility, except for the following items:
(a) 13-inch television;
(b) Radio/tape player (boom box);
(c) Electric guitar and supporting equipment;
			 and
(d) An item approved as an
			 institution specific 'incentive property' item (pilot project) until such time
			 as the item is approved for use at all department facilities.