reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult on
			 Supervision: Any person under the supervision of a local community corrections
			 agency who is on probation, leave, parole, or post-prison
			 supervision.
(2) County of
			 Residence: County in which the adult on supervision lives and sleeps.
(3) Emergency Reporting Instructions: For sex
			 offender cases, reporting instructions provided by the receiving county when a
			 documented emergency exists requiring an expedited transfer. Parameters for
			 emergency reporting are a documented immediate threat to victim(s) or the adult
			 on supervision or a documented "other" emergency.
(4) EPR: The probation or parole record on
			 the Law Enforcement Data System (LEDS).
(5) Funded Misdemeanor: Any person on
			 supervision for a misdemeanor crime that is funded in accordance with ORS
			 423.478.
(6) New Case: A new case is any case where
			 the adult on supervision has been supervised for less than 30 calendar days by
			 the county of conviction and where the adult on supervision is not being
			 supervised by any other county community corrections agency at the time of
			 conviction. This includes those who:
(a) have
			 been sentenced to probation and released from jail as a condition of probation
			 with no pending criminal issues or
(b) are received and released from a new
			 local control incarceration sentence where the time between conviction and
			 release is less than 30 calendar days. New cases that fail to appear for intake
			 and are closed to abscond in CIS can only be transferred through formal
			 transfer processes after violation procedures have been initiated and all
			 reports have been submitted unless resolution occurs within the first 30
			 calendar days from conviction.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0120 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to a
			 supervising officer granting an adult on supervision permission to move to
			 another county, the adult on supervision must present a plan which considers:
(a) Public safety; and
(b) The county which can provide the most
			 effective means of supervising the adult on supervision in accordance with
			 conditions as set by the releasing authority (e.g., treatment, stable housing,
			 employment, or legitimate source of income).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0130

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 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0140

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 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0150

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 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0160

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 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0200 - Cases Not Requiring Transfer Request and Corresponding Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New Cases: New
			 cases are not subject to the transfer process.
(2) If, at the time of sentencing, the adult
			 on supervision resides in a county other than the county of conviction, the
			 office serving the county of residence shall assume supervision without
			 requiring any transfer investigation from the sending county.
(3) Ninety-day Rule: If an adult on
			 supervision, whose residence is in another county, is sentenced by court order
			 to less than 90 calendar days in jail, the case will be transferred to the
			 office in the county of residence. If an adult on supervision is sentenced to
			 90 days or more, the case will be held by the county of conviction until
			 released from jail at which time the case will be handled as a new intake in
			 the county of residence upon verification of residence.
(4) In situations described in sections (2)
			 and (3) above, it is the responsibility of the sending office to (1) obtain
			 reporting instructions from the receiving county and (2) ensure that the court
			 order and police report, when available, are sent to the receiving
			 county.
(5) Six-Month Rule: In the
			 last six months of supervision, and when an adult on supervision is in
			 compliance, other options should be considered (i.e., earned discharge, early
			 termination, bench probation, low or limited supervision level, inactive or
			 unsupervised status) before attempting to transfer.
(6) The serving of a local control
			 incarceration sentence under the legal or physical custody of the local
			 supervisory authority, including any alternative forms of custody, is not
			 subject to transfer under this rule.
(7) The supervision of a non-funded
			 misdemeanor is not subject to this rule unless the non-funded misdemeanor is
			 accompanied by a felony or funded misdemeanor. If funded misdemeanors or felony
			 cases expire, leaving only a non-funded misdemeanor open, supervising counties
			 cannot automatically transfer the adult on supervision back to the convicting
			 county outside of the transfer process.
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 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0205 - Transfer of Sex Offender Supervision Between Community Corrections Agencies: Standards for Request and Acceptance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests:
(a) Emergency Reporting Instructions: Under
			 no circumstances shall a probation or parole officer allow a sex offender to
			 move to a new county without first applying for and receiving emergency
			 reporting instructions.
(A) If a sex offender
			 meets the documented parameters for emergency reporting instructions, the
			 sending county must provide emergency reporting information to the receiving
			 county. The receiving county has up to five days to reply. Once the receiving
			 county has accepted the adult on supervision on an emergency basis, a transfer
			 packet must be sent to the receiving county.
(B) If parameters for emergency reporting
			 instructions do not apply, then the adult on supervision must remain in the
			 sending county until a full transfer investigation is completed.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0210 - Transfer of Supervision of Those on Leave Between Community Corrections Agencies: Standards for Request and Acceptance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests:
(a) Emergency Reporting Instructions: Under
			 no circumstances shall a probation or parole officer allow an adult on
			 supervision on leave to move to a new county without first applying for and
			 receiving emergency reporting instructions.
(A) If a documented emergency exists, the
			 sending county must provide emergency reporting information to the receiving
			 county. The receiving county has up to five days to reply. Once the receiving
			 county has accepted the adult on supervision on leave, on an emergency basis, a
			 transfer packet must be sent to the receiving county.
(B) If emergency reporting instructions do
			 not apply, then the adult on supervision on leave must remain in the sending
			 county until a full transfer investigation is completed.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0215 - Transfer of All Other Adults on Supervision Between Community Corrections Agencies: Standards for Request and Acceptance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests:
(a) Whenever an officer has given an adult on
			 supervision permission to relocate to a different county, within 30 calendar
			 days of permission given, the officer shall submit a transfer investigation
			 request to the receiving county on all cases including non-funded misdemeanors
			 that accompany a felony or funded misdemeanor.
(A) If the purpose of the change of residence
			 is for residential treatment and a return is anticipated, no transfer is
			 necessary.
(B) For low or limited
			 supervision level and low risk level adults on supervision, the sending county
			 will notify the receiving county in writing that the individual now resides in
			 their county. The receiving county may review their history in CIS or OMS to
			 determine whether they wish to assume supervision. The decision to investigate
			 and accept supervision shall be at the discretion of the receiving
			 county.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0220 - Notice of Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of
			 Decision on Transfer: The sending county shall be notified by the receiving
			 county of acceptance or rejection or delay in completing the investigation
			 within 30 calendar days of the request.
(2) File Transfer: The sending county shall
			 forward the adult on supervision's file within five working days of the notice
			 of acceptance of the transfer.
(3)
			 Formal Supervision: Formal supervision of the adult on supervision shall begin
			 in the receiving county at the time of notification of acceptance of the
			 transfer.
(4) LEDS: The sending
			 county shall modify the EPR record within five working days after notice of
			 transfer acceptance.
(5) CIS: Upon
			 notification of transfer acceptance, the sending county shall, within five
			 working days, make required changes in CIS. When the file is received, the
			 receiving county shall ensure that the department's database records and LEDS
			 EPR accurately reflect the county of supervision.
(6) Transfer Chronological Entry: Once a sex
			 offender is accepted for transfer, the parole or probation officer from the
			 sending county shall complete a transfer chronological entry, which includes a
			 brief history of violations; record of any community notification; adult on
			 supervision's treatment progress; status of polygraphs (when was the last one
			 completed, what were the results); the circumstances under which a sex offender
			 is allowed contact with minors (who are the minors, who are the supervisors,
			 when, where).
(7) Sex Offender
			 Registration: The parole or probation officer in the receiving county will
			 ensure the sex offender registration is updated by the adult on supervision
			 with the designated law enforcement agency.
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 19 - TRANSFER (COMMUNITY CORRECTIONS) › Section 291-019-0225 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
Dispute Resolution: It is a matter of policy that the adult on
				supervision should be supervised by the agency serving their county of
				residence and, with exception of sex offenders, regardless of whether or not
				they are in compliance with conditions. However, if the goals of public safety
				are clearly compromised by the transfer, rejection is appropriate. The
				Assistant Director of Community Corrections for the Department of Corrections
				or designee shall be consulted whenever a transfer issue cannot be resolved at
				the local manager or director level.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0105 - 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
			 outline the authority of parole and probation officers in the use of physical
			 force, firearms, and restraints.
(3) Policy: It is the policy of the
			 Department of Corrections to authorize the use of physical force when and to
			 the extent that it is reasonably believed to be necessary as specified in these
			 rules. Parole and probation officers are authorized to use that amount of force
			 that is objectively reasonable to overcome a threat, thereby minimizing the
			 risk of injury to the officer, the threat, and the public.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0125 - Applicability of the Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 employees who supervise or work around offenders shall be thoroughly familiar
			 with the departmental procedures of this rule for guidance and direction in use
			 of force incidents.
(2) If there
			 is any question about specific equipment, procedures, etc., in a use of force
			 situation, an employee shall be directed by the location of the situation,
			 rather than by distinctions concerning where he/she is duty
			 stationed.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0130 - General Provisions - Use of Force

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Physical force may be employed when it is
			 reasonable given the situation and the facts known to the officer at the time.
			 The degree and type of force used shall be objectively reasonable based on the
			 totality of the circumstances and the facts known to the officer at the time
			 the force is delivered. Force shall be de-escalated or terminated as soon as
			 practical after the threat is mitigated and it is safe to do so.
(2) A verbal warning, lawful order, or a
			 verbal transfer of the use of force decision to the threat should be made prior
			 to delivering physical force against a threat, if time and circumstances safely
			 permit the officer to do so.
(3)
			 Immediate use of physical force is authorized in circumstances in which
			 warnings and other non-force alternatives are not reasonable or available to
			 the employee.
(4) The goal of any
			 use of force in a given situation must be to attain a legitimate objective.
			 There are only two purposes an officer can have in using force. All justifiable
			 uses of force will fall into one, or both, of these categories:
(a) Defense, and/or
(b) Control.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0150 - Deadly Use of Force

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Officers should consider other reasonable means of control before resorting to
			 the use of deadly force as time and circumstances safely permit.
(2) Deadly force may be used upon the
			 reasonable belief that an officer's life or safety, or the life or safety of
			 another, is in imminent danger of death or serious bodily injury, given the
			 totality of the circumstances known to the officer at the time of his/her
			 action.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0160 - Security Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Security Equipment:
(a) All security
			 equipment requires the approval of the Director or designee before being issued
			 and used as department authorized security equipment.
(b) Security equipment shall not be issued to
			 or used by an employee who has not been trained in the proper use of such
			 devices.
(c) Unless authorized by
			 the Assistant Director for Community Corrections or designee, the carrying or
			 use of personal security equipment is prohibited.
(d) The local state director shall authorize
			 the storage and use of security equipment.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0161 - Electronic Control Device Deployment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The electronic control device may be
			 deployed:
(a) To control a dangerous or
			 violent threat when deadly force does not appear to be justified;
(b) To control a threat when control is
			 needed for the protection of the officer and others; and/or
(c) On animals, as a deterrent to aggressive
			 behavior, when the officer believes such aggression may cause injury to the
			 officer or another person whom is present.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0162 - Treatment of Affected Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Immediately after deploying the electronic control device on a threat, the
			 officer shall observe the threat for symptoms of an abnormal reaction or
			 secondary injuries that may have occurred during the incident. Observation
			 shall continue for the time the officer has custody of the individual. Medical
			 assistance shall be summoned as soon as an abnormal reaction or secondary
			 injury is observed.
(2) Probes may
			 be removed by the officer unless embedded in a sensitive area (face, throat,
			 groin, female breasts). A probe embedded in a sensitive area should only be
			 removed by medical personnel.
(3)
			 When custody or care of the individual is transferred, the officer shall inform
			 jail staff or medical personnel of the approximate time the individual was
			 immobilized, the puncture sites of the probes, and the probe size.
(4) Photographs shall be taken of the
			 individual's injuries as soon as practical and retained as part of the
			 documentation of the incident.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0170 - Firearms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 resorting to the use of firearms against any threat, time and circumstances
			 permitting, an officer shall first issue an appropriate verbal
			 warning.
(2) Any officer involved
			 in the discharge of a firearm in a situation on duty shall immediately report,
			 by the quickest means possible, the incident to the local state director. The
			 employee shall prepare a report as soon as reasonably possible.
(3) The State Police or local law enforcement
			 officials shall be notified to investigate any discharge of a firearm unless
			 the discharge was during training, off duty practice, or negligent discharge
			 where injury or significant property damage did not occur. This investigation
			 shall be separate from the full review.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0180 - Blood Borne Pathogens

Current through Register Vol. 63, No. 7, July 1, 2024
When a person has been exposed to a blood or body fluid
				resulting from the use of force, standard universal precautions shall be
				implemented.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0190 - Injury, Death, or Hostage

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever an officer's use of force results in the serious injury or death of
			 another, he/she shall be placed on administrative leave until an investigation
			 of the matter by the Inspector General and/or State Police can be concluded.
(2) Whenever an officer's use of
			 force results in the serious injury or death of another, the officer involved
			 shall be placed on administrative leave until medical and/or psychological
			 clearance has been obtained.
(3)
			 Any officer involved in or immediately exposed to a critical incident involving
			 the serious injury, hostage or death of another shall be provided a critical
			 incident stress debriefing.
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 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0200 - Notifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any time an
			 officer unholsters and/or points his/her firearm or electronic control device
			 at another, the local state director will be notified according to procedure.
			 The local state director will notify the Assistant Director of Community
			 Corrections of the incident.
(2)
			 Any time an officer is required to use physical or deadly force, the officer
			 shall immediately notify his/her supervisor and/or local state
			 director.
(3) All employees
			 witnessing or directly involved in a use of physical force incident shall
			 individually prepare and submit a use of force report describing their
			 involvement and observation regarding the incident.
(4) All employees witnessing or directly
			 involved in a use of deadly force incident shall report the incident.
(5) The local state director shall make a
			 verbal report to the Assistant Director of Community Corrections.
(6) In cases of serious or life-threatening
			 injury to a person(s) that requires transport to a medical facility or where
			 deadly force has been used:
(a) The
			 appropriate investigatory agency in the jurisdiction shall be immediately
			 contacted by the local state director.
(b) The investigatory agency can include the
			 Attorney General's office if a conflict of interest exists.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 22 - USE OF FORCE (COMMUNITY CORRECTIONS) › Section 291-022-0210 - Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) Whenever staff employs force in response
			 to an incident, a preliminary review of the use of force incident shall be
			 conducted in accordance with the procedures established in these rules.
(b) A full review of a use of
			 force incident shall be conducted by independent departmental review in
			 accordance with the procedures established in these rules when requested by the
			 Inspector General, or when the following circumstances exist:
(A) A person received a serious physical
			 injury in the course of the use of force incident; or
(B) A firearm was discharged during the
			 incident.
(c) The
			 Inspector General may decide if the full review process for the incident
			 requires assembly of a departmental review team to conduct the full review, or
			 order a separate investigation be conducted by a special investigator from the
			 Investigations Unit.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0005 - 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
			 137.463,
			 137.473,
			 179.040,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish specific procedures for administration of capital punishment in
			 accordance with Oregon statutes. In addition, the rule establishes specific
			 procedures for the care, custody and treatment of condemned inmates from the
			 time an inmate is received through execution, and identifies responsibilities
			 for preparation and carrying out of death sentences imposed under Oregon
			 law.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to discharge its statutory responsibility to carry out death
			 sentences imposed under Oregon law in a manner that is consistent with Oregon
			 statutes, and with the safe, secure and orderly management and operation of the
			 Department of Corrections institution in which the execution takes place, the
			 safety and security of Department staff and other persons directly involved in
			 the execution process, and their families, with due regard for the dignity of
			 the condemned inmate, and within the limitations of space and resources.
			 Consistent with these policies, executions will be conducted in a manner
			 designed to protect as completely as possible the anonymity of Department staff
			 and other persons involved. All executions shall take place within the
			 enclosure of a Department of Corrections institution designated by the Director
			 of the Department of Corrections.
(b) Conscience Clause: Except as provided by
			 statute, no employee of the Department of Corrections shall be required to
			 participate in the execution of an inmate sentenced to death.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Basic Visiting:
			 The opportunity for an inmate and approved visitor to see and talk with each
			 other, on a scheduled basis for a reasonable period of time, with no physical
			 contact.
(2) Execution Camera
			 Monitoring System: Non-recording camera installed over execution gurney with
			 monitors for witness viewing of condemned inmate's placement in restraints on
			 the gurney and insertion of IV's.
(3) Execution Room: The location where
			 executions will take place.
(4)
			 Immediate Family of the Victim: The victim's parents, spouse or domestic
			 partner, siblings, children, grandparents, including step
			 relationships.
(5) Inmate: Any
			 person under the supervision of the Department of Corrections who is not on
			 parole, post-prison supervision, or probation status.
(6) Superintendent: Any person within the
			 Department of Corrections who reports to the Assistant Director(s) -
			 Institutions and has the responsibility for the delivery and coordination of
			 programs operations in a specific facility/institution.
(7) Victim: The person or persons for whose
			 murder the inmate was sentenced to death.
Stat. Auth.: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030,
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0015 - Reception, Orientation, and Housing

Current through Register Vol. 63, No. 7, July 1, 2024
When an inmate is received at an Oregon Department of
				Corrections institution with a sentence of death, the inmate will be
				immediately classified as maximum custody. The inmate will be housed in a
				maximum custody cell or unit at a Department of Corrections institution
				designated for the housing of inmates sentenced to death.
Stat. Auth.: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0016 - Receipt of Death Warrant

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notifications:
(a) The Superintendent will
			 personally notify the Director that the execution will commence at 12:01 a.m.
			 or as soon thereafter as possible on the date specified in the warrant ordering
			 execution. Such notification will be followed by a letter from the
			 Superintendent to the Director confirming this information. The Director will
			 subsequently notify the Governor of the date and time of the pending
			 execution.
(b) The Superintendent,
			 with the Assistant Superintendent of Security, will interview the inmate to be
			 executed, provide the inmate with a copy of the death warrant, and document the
			 interview.
(c) The Superintendent
			 will send a letter to the medical examiner indicating the date and time of the
			 scheduled execution, requesting that the medical examiner or his/her
			 representative be present at the execution and be prepared to issue the
			 certificate of death. The letter to the medical examiner will be sent by
			 certified mail with a return receipt requested.
(d) The Superintendent or his/her designee
			 will notify the Oregon State Police Superintendent's Office of the scheduled
			 date and time of the execution, followed by a letter confirming the
			 information.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0020 - Programming: From Date of Receipt of Death Warrant Until Four Days Prior to the Scheduled Execution Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Media Contact: Interviews by media representatives with the condemned inmate
			 will be permitted only with the consent of the inmate, and with the prior
			 approval of the Superintendent or his/her designee. Media contacts will be
			 coordinated between the Superintendent (or his/her designee) and the Department
			 of Corrections Communications Manager. If approved, media representatives will
			 be admitted to the appropriate Department of Corrections institution to conduct
			 the interview(s), provided they are properly credentialed and attired. Any
			 interview by a media representative, if permitted, shall be conducted as basic
			 visiting. A camera (i.e., still photography or video) may be used during the
			 interview if its use is approved in advance by the Superintendent or his/her
			 designee.
(2) Visiting: All visits
			 will be basic visiting and arranged by appointment through the institution
			 visiting desk staff. Visitor(s) must be on the approved visiting
			 list.
(3) Invitation to Witness the
			 Execution:
(a) Prior to the scheduled
			 execution date, the Superintendent shall invite the following persons to attend
			 and witness the execution:
(A) One or more
			 physicians;
(B) The Attorney
			 General;
(C) The sheriff of the
			 county in which the judgment was rendered;
(D) The district attorney of the county in
			 which the judgment was rendered;
(E) if requested by the condemned inmate, no
			 more than two religious representatives designated by the inmate;
(F) If requested by a member of the immediate
			 family of the victim, one or more members of the victim's immediate family as
			 determined by the Superintendent; and
(G) Designated media representatives:
(i) The media representatives will consist of
			 two persons selected by the Oregon Association of Broadcasters, two persons
			 selected by the Oregon Newspaper Publisher's Association (one of the two
			 persons will represent a newspaper from the county in which the judgment was
			 rendered), and one person selected by the Associated Press (AP).
(ii) Only designated media representatives
			 who are properly credentialed, and who agree to act as pool reporters for other
			 media present following the execution, will be admitted inside the secure
			 perimeter of the institution to attend and witness the
			 execution.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0025 - Four Days Prior to Scheduled Execution Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Housing Assignment:
(a) No less than four days prior to the
			 scheduled execution date, the condemned inmate will be moved to the.
(b) Security:
(A) Security staff will be assigned by the
			 Assistant Superintendent of Security or his/her designee to provide a 24-hour
			 watch on the condemned inmate. The assigned security staff will maintain a log
			 of all activities. The log entries must be written in ink, and cross-outs shall
			 be legible and initialed. Copies of the logs will be hand-delivered to the
			 Superintendent daily.
(B) Any
			 unusual incident shall be documented in accordance with the Department of
			 Corrections procedure on Unusual Incident Reports.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0055 - Forty-Eight Hours Prior to Execution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Superintendent or his/her designee
			 will ensure that all arrangements as required by these rules have been
			 accomplished.
(2) The Assistant
			 Superintendent of Security or his/her designee will conduct training with the
			 special security team to ensure that all team members are familiar with their
			 duties and responsibilities.
(3)
			 The Assistant Superintendent of Security or his/her designee will have a
			 process of identifying all witnesses and visitors who will be entering the
			 institution on the evening of the execution.
(4) The Superintendent or his/her designee
			 will ensure that a sufficient number of staff have been scheduled to work the
			 evening preceding the execution.
(5) The Superintendent or his/her designee
			 will ensure the necessary execution documents have been prepared/obtained to
			 include:
(a) An appropriate certificate of
			 death that reflects the cause of death as execution by lethal injection in the
			 manner prescribed in ORS
			 137.473; and
(b) A form authorizing release of the body to
			 be signed by the mortician (CD 728P).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0060 - Final Twenty-Four Hours to Execution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An up-to-date log will be maintained on
			 all execution related events which occur during the final 24 hours.
(2) The Assistant Director for Programs or
			 his/her designee will work with the Assistant Superintendent, Program Services
			 to ensure that a medically trained individual will prepare and secure the
			 necessary syringes with the lethal solutions. The necessary back-up syringes
			 with the lethal solutions will be prepared and secured separately. This
			 equipment and solutions will be provided to the Assistant Superintendent of
			 Security or his/her designee for secure storage.
(3) The Assistant Director for Programs or
			 his/her designee will work with the Assistant Superintendent, Program Services
			 to ensure that a medically trained individual will be available to insert an
			 intravenous catheter(s) into an appropriate vein(s) of the condemned
			 inmate.
(4) The Superintendent will
			 distribute written orders that all employees selected for special assignment
			 duty will report to the institution at the designated time.
(5) The execution camera monitoring system
			 shall be tested by the Physical Plant Manager or designee.
(6) The Assistant Superintendent of Security
			 will ensure that:
(a) All living units will
			 be checked regularly;
(b) All
			 towers will be posted;
(c) The
			 reception desk staff will be provided with a list of the approved visitors and
			 witnesses; and
(d) Escort officers
			 will be identified for moving witnesses and visitors to the execution
			 area.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0066 - Forty Minutes Prior to Execution

Current through Register Vol. 63, No. 7, July 1, 2024
The Assistant Superintendent of General Services and/or other
				assigned personnel will escort the witnesses and all other approved visitors
				from the designated staging area to the processing station where they will
				enter the witness area. Two correctional captains will also be stationed in the
				witness area.
Stat. Auth.: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0071 - Thirty Minutes Prior to Execution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There will be no visits after the inmate
			 has been moved to the execution room.
(2) Witnesses will be taken to the execution
			 witness viewing room at a time coordinated with the Assistant Superintendent
			 Security or his/her designee.
(3)
			 Execution camera monitoring system will be activated.
(4) Movement of Condemned Inmate to Execution
			 Room:
(a) The death watch is suspended. All
			 duties are assumed by the Special Security Team.
(b) The Special Security Team Leader will
			 supervise the activities of the special security team members. The six special
			 security team members will escort the inmate in security restraints from the
			 cell and position and properly restrain the inmate on the gurney in the
			 execution room.
(b) A trained
			 person(s) will connect the heart monitor machine to the inmate.
(c) A medically trained person(s) will
			 insert/connect intravenous catheters for lethal injection.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0080 - Execution Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Assistant Superintendent of Security or his/her designee shall make a final
			 inspection of all straps, and with the assistance of medically trained staff,
			 make final inspection of the intravenous catheters, and the injection
			 equipment. When it is determined all is in order, he/she shall so advise the
			 Superintendent.
(2) Upon receiving
			 a signal from the Superintendent, the Assistant Superintendent of Security or
			 his/her designee shall open the window coverings so that the witnesses can see
			 the inmate in position on the gurney.
(3) At 12:01 a.m. or as soon thereafter as
			 possible, the Superintendent shall signal the executioner(s) to begin injection
			 of lethal solutions by syringe(s) into the injection port of the intravenous
			 catheters. As prescribed by ORS
			 137.473, the lethal solutions
			 will include an ultra-short acting barbiturate in combination with a chemical
			 paralytic agent and potassium chloride or other equally effective substances
			 sufficient to cause death.
(4) The
			 executioner(s) shall signal the Superintendent when infusion of the lethal
			 injection has been completed. Upon determining death of the inmate and time,
			 the Superintendent will summon a medical professional to certify the inmate's
			 death.
(5) Once the inmate has been
			 pronounced dead, the witnesses will be escorted from the witness
			 area.
(6) The camera monitoring
			 system will be turned off.
(7) The
			 Communications Manager will be notified of the time of the death and will
			 inform the media assembled in the Media Center. Media witnesses will be
			 escorted to the Media Center where they will share information as
			 prearranged.
(8) The Assistant
			 Superintendent, Security, or his/her designee will remain with the body in the
			 execution room and supervise the removal of the body.
Stat. Auth.: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.463,
				  137.473,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0085 - Stay of Execution

Current through Register Vol. 63, No. 7, July 1, 2024
If, during any stage of the execution prior to infusion of the
				lethal injection, the Superintendent is notified that a stay of execution has
				been ordered, execution procedures shall be halted and the witnesses shall be
				removed.
Stat. Auth.: ORS
				  137.463, ORS
				  137.473, ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  137.463, ORS
				  137.473, ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 24 - CAPITAL PUNISHMENT (DEATH BY LETHAL INJECTION) › Section 291-024-0090 - Post-Execution Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 medical examiner or representative will process the death certificate and
			 provide it to the Superintendent as soon as reasonably possible following the
			 execution.
(2) The Superintendent
			 or his/her designee will make arrangements with the funeral home for removal of
			 the body. The Assistant Superintendent of Security or his/her designee will
			 properly identify the inmate's body with identification photographs prior to
			 release of the body. The State Police will be notified when the execution is
			 completed and the body is ready for removal.
(3) The Superintendent will submit a final
			 report to the Director.
Stat. Auth.: ORS
				  137.463, ORS
				  137.473, ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  137.463, ORS
				  137.473, ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0005

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0105

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0115

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0125

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 26 › Section 291-026-0140

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  179.040,
				  279A.050,
				  421.438,
				  423.020,
				  423.030 &
				  423.075