reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0220 - Supplemental Funds for Drug-Addicted Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Supplemental funds made available by the
			 legislature for drug-addicted persons shall be distributed by the Department of
			 Corrections to counties. A statewide approach to intervention will be defined
			 and guided by evidence-based practices which are best designed to reduce crime
			 and drug addiction. The approach will include a balance of treatment,
			 supervision, and immediate sanctions.
(2) The Department of Corrections shall make
			 grants available to counties to provide supplemental funding for:
(a) Operation of jails;
(b) Treatment services for drug-addicted
			 persons charged with a crime listed in ORS
			 137.717, convicted of a crime
			 listed in ORS 137.717, or for those who have
			 been convicted of predicate crimes related to ORS
			 137.717 and who have been placed
			 on community supervision, and scoring as high or medium risk to re-offend on
			 the Public Safety Checklist risk tool, or other validated risk tool approved by
			 the department; and
(c) Intensive
			 supervision including incarceration for violating the conditions of that
			 supervision for drug-addicted persons charged with a crime listed in ORS
			 137.717, convicted of a crime
			 listed in ORS 137.717, or for those who have
			 been convicted of predicate crimes related to ORS
			 137.717 and who have been placed
			 on community supervision, and scoring as high or medium risk to re-offend on
			 the Public Safety Checklist risk tool, or other validated risk tool approved by
			 the department.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0230 - Distribution of Supplemental Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Supplemental funds described in OAR
			 291-031-0220 will be made
			 available to counties based on a formula that matches the county's percentage
			 share of community corrections grant-in-aid funds. Every county will be
			 eligible for a minimum grant of $50,000. Counties must apply for these funds as
			 described in OAR 291-031-0240.
(2) The Director of the Department of
			 Corrections, after consulting with the committee described in ORS
			 423.150, shall review the
			 applications, and determine the funds to be allocated to each county.
(3) Unallocated funds will be made available
			 as enhancement funding through a competitive process based on scored program
			 proposals.
(4) Thirty days
			 following sine die of the regular legislative session of each odd-numbered
			 year, the Department of Corrections shall compute each county's percentage
			 share of the biennial supplemental funds.
(5) An intergovernmental agreement between
			 the county and the department must be executed prior to any state supplemental
			 funds being disbursed to the county.
(6) No modifications to an approved
			 supplemental funds intervention plan shall be placed into effect without prior
			 written notification to the Director or designee.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  423.150
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  423.150
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0240 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 for supplemental funding shall be submitted to the Director or designee. Each
			 application shall be submitted in a format and order as established by the
			 Department of Corrections.
(2)
			 Applications may be submitted by a county or a group of counties.
(3) The application will include a
			 supplemental funding intervention plan that includes:
(a) Adult on supervision population to be
			 served;
(b) Capacity of the
			 program;
(c) Description of the
			 program;
(d) Goals, outcomes, and
			 purposes of the program or approach;
(e) How risk assessments will be used,
			 including the risk assessment tool;
(f) Research supporting the approach, if
			 any;
(g) If the approach has been
			 in operation for at least a year, the outcomes of the approach, and any program
			 evaluation data;
(h) If the
			 approach has been in operation for at least a year, how participants rate on
			 the community corrections performance measures (recidivism, successful
			 completion of supervision, employment, benefit from treatment, payment of
			 restitution, or community service work); and
(i) A budget showing how state funds and any
			 other funds will be used to operate the program. A county may apply for up to
			 100 percent of the funds identified in OAR
			 291-031-0230.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0250 - Application Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The committee described in ORS
			 423.150 shall review the
			 applications and make recommendations to the Director or designee.
(2) The criteria upon which the advisory
			 board shall base their review will include:
(a) Ability of the proposed approach to
			 reduce crime and drug addiction;
(b) Extent to which the approach is guided by
			 evidence-based practices or research;
(c) Whether the approach is comprehensive,
			 involving a mix of supervision, services, and sanctions; and
(d) Whether the approach is collaborative,
			 engaging local criminal justice system agencies and local service providers
			 working together.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0260 - Financial Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall prepare and distribute to the counties written instructions
			 regarding fiscal reporting requirements for the supplemental funds described in
			 OAR 291-031-0220. Each county shall
			 adhere to the department's budget, allocation, and fiscal reporting
			 requirements.
(2) Within 120 days
			 following the end of the state's biennial budget period, each county shall
			 submit a closing financial report for the biennium. Any state General Fund not
			 expended within the biennial period will be identified. A budget update will be
			 submitted to the Department of Corrections showing how those funds will be
			 expended for community corrections purposes in the next biennium.
Statutory/Other Authority: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  423.150
Statutes/Other Implemented: ORS
				  179.040,
				  423.020,
				  423.030,
				  423.075 &
				  423.150
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0300 - Purpose, Policy, and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: These rules establish a process
			 by which the Department of Corrections determines if community-based programs,
			 on which the agency expends state funds, meet the principles of evidence-based
			 practices.
(2) Policy: It is the
			 policy of the Department of Corrections that state funds received for
			 community-based programs are expended on programs that incorporate significant
			 and relevant practices based on scientifically based research and are cost
			 effective.
(3) Applicability: These
			 rules apply to community-based treatment or intervention programs or services
			 that receive state funds and are intended to reduce the likelihood that an
			 individual will commit a crime.
Statutory/Other Authority: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0310 - Definitions for OAR 291-031-0300 through 291-031-0360

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cost Effective: Benefits realized over a
			 reasonable period of time are greater than costs.
(2) Evidence-Based Program: A program that
			 incorporates significant and relevant practices based on scientifically based
			 research and is cost effective.
(3)
			 Program: A community-based treatment or intervention program or service that is
			 intended to reduce the likelihood that an individual will commit a
			 crime.
Statutory/Other Authority: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0320 - Program Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Corrections shall identify and implement the use of a recognized
			 and validated tool to evaluate programs to measure their fidelity to the
			 principles of evidence-based practices.
(2) Programs that receive less than $5,000 in
			 state funds in a biennium, pursuant to the Community Corrections Act (ORS
			 423.475
et
			 seq.
), shall not be subject to program evaluation as described in this
			 rule unless specifically requested by the county community corrections
			 director.
(3) After a program has
			 been evaluated using the tool described in subsection (1) of this rule, and it
			 has been determined that the program incorporates significant and relevant
			 practices based on scientifically based research and is cost effective, the
			 program shall be re-evaluated at a minimum of every five years or as
			 circumstances dictate.
(4) After a
			 program has been evaluated using the tool described in subsection (1) of this
			 rule, and it has been determined that the program does not incorporate
			 significant and relevant practices based on scientifically based research and
			 is not cost effective, the program shall be re-evaluated at a minimum of every
			 18 months until such time the program meets these criteria or state funds are
			 no longer received by the program.
Statutory/Other Authority: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0330 - Program Non-Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following an initial evaluation of a program as described in OAR
			 291-031-0320(4),
			 the Department of Corrections shall provide a detailed report of their findings
			 to the local community corrections director and to the program's executive
			 director.
(2) The report shall
			 include a set of recommendations to assist the program in the process of
			 successfully incorporating the principles of evidence-based practices into
			 their service delivery.
(3) The
			 Department of Corrections shall meet with the local community corrections
			 director or designee and the program executive director or designee to review
			 the recommendations and offer technical assistance to implement the
			 recommendations.
(4) The Department
			 of Corrections shall conduct a subsequent program evaluation within the next 18
			 months.
Statutory/Other Authority: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0340 - Continued Program Non-Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following a second evaluation of a
			 program as described in OAR
			 291-031-0320(4),
			 the Department of Corrections shall provide a detailed report of their findings
			 to the local community corrections director and to the program's executive
			 director.
(2) The report shall
			 include an assessment of progress or lack of progress in incorporating the
			 principles of evidence-based practices as recommended in the initial evaluation
			 report.
(3) The report shall also
			 include a set of recommendations to assist the program in the process of
			 successfully incorporating the principles of evidence-based practices into
			 their service delivery.
(4) The
			 Department of Corrections shall meet with the local community corrections
			 director or designee and the program executive director or designee to discuss
			 the level of progress or lack of progress in incorporating the principles of
			 evidence-based practices as recommended in the initial evaluation report and
			 identify any barriers that may exist.
(5) A formal written action plan shall be
			 prepared by the local community corrections director or designee within 90 days
			 of the receipt of the final report as described in subsection (1) of this rule,
			 which incorporates the report's recommendations, specific steps to incorporate
			 the recommendations, and the specific timeframes for implementation.
(6) The Department of Corrections shall
			 conduct a subsequent program evaluation within the next 18 months.
Statutory/Other Authority: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0350 - Termination of Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following a third evaluation of a program as described in OAR
			 291-031-0320(4),
			 the Department of Corrections shall provide a detailed report of their findings
			 to the local community corrections director and to the program's executive
			 director.
(2) State funds shall not
			 be allocated to a program that has been evaluated as described in OAR
			 291-031-0320(4)
			 in three consecutive evaluations.
(3) Upon receipt of the final report, the
			 local community corrections director shall advise the program's executive
			 director that state funds will no longer be allocated to the program to provide
			 services. The local community corrections director shall take the necessary
			 steps to terminate the service contract, if any, with the program; or
			 alternately, the local community corrections director may choose to fund the
			 program with local resources.
Statutory/Other Authority: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  182.515,
				  182.525,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 31 - COMMUNITY CORRECTIONS PROGRAMS › Section 291-031-0360 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A county may
			 appeal the termination of funding as described in OAR
			 291-031-0350 by submitting
			 reasons for which they believe the termination of funding is not warranted,
			 based upon one or more of the criteria listed below in subsection (3) of this
			 rule. The appeal must be submitted in writing to the Department of
			 Corrections.
(2) After state funds
			 have been withdrawn from a program, the program may be reconsidered for state
			 funding upon a finding that the program has incorporated significant and
			 relevant practices based on scientifically based research and is cost
			 effective.
(a) In order to be reconsidered,
			 the program shall submit in writing to the Department of Corrections the steps
			 they have taken to incorporate the principles of evidence-based
			 practices.
(b) The Department of
			 Correction shall determine whether significant changes have been made to merit
			 a program evaluation as described in OAR
			 291-031-0320.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0010 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 197.180,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish the procedures to be used by the Department in implementing the
			 provisions of its State Agency Coordination Program, as required by ORS
			 197.180 and applicable
			 Department of Land Conservation and Development rules. The Department's state
			 agency coordination program will assure that the Department's land use programs
			 comply with the statewide planning goals and will be compatible with
			 acknowledged city and county comprehensive plans and land use regulation:
(a) It is the intent of these rules to
			 describe how the Department will carry out its statutory responsibility to site
			 and establish correctional institutions and facilities;
(b) These rules are not intended to apply to
			 the establishment of correctional facilities under any temporary provisions of
			 Oregon law which may authorize the siting of institutions notwithstanding the
			 requirements of ORS 197.180. These rules also are
			 not meant to authorize local governments to prevent the Department from
			 carrying out its statutory responsibility to operate, control, manage or
			 supervise correctional institutions.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0020 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 of this division (OAR 291-032) shall apply to the following Department programs
			 and actions:
(a) Site selection for future
			 statewide and regional correctional facilities identified as necessary to
			 replace or augment current correctional facilities in any long range strategic
			 plans commissioned by the Department;
(b) Facility construction including new
			 construction and/or major expansion of existing correctional facilities by the
			 Department;
(c) Approval of
			 community correctional grants and loans to local governments where such grants
			 or loans will be used for the construction of new, or the major expansion of
			 existing, correctional facilities; and
(d) Any other programs or actions that:
(A) Are determined to be "programs affecting
			 land use" pursuant to ORS
			 197.180 and Department of Land
			 Conservation and Development rules;
(B) Involve a change or an intensification of
			 land use; or
(C) Take place on
			 property which is an existing non-conforming use.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0030 - Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to undertaking any action or program listed in OAR
				291-032-0020, the Department
				shall find that the program or action complies with the statewide planning
				goals and is compatible with acknowledged comprehensive land use plans and land
				use regulations. The Department shall make its goal compliance and
				comprehensive plan compatibility findings in accordance with these rules and
				the Department's certified state agency coordination program.
Stat. Auth.: ORS
				  179.040, ORS
				  197.080, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  197.080, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0040 - Compliance with the Statewide Planning Goals - Land Use Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (3) of this rule, the Department shall achieve goal
			 compliance for Department land use programs, whenever possible, by taking
			 actions that are compatible with the acknowledged comprehensive plan and land
			 use regulations of the applicable local government(s).
(2) An action within a Department "land use
			 program" shall be considered to be in compliance with statewide planning goals
			 when such action is compatible with the applicable local government's
			 acknowledged comprehensive plan and land use regulations.
(3) In the event that the Department is
			 required to adopt findings to comply with any statewide planning goals, the
			 Department shall adhere to the following procedures:
(a) Confirm that a situation exists that is
			 not addressed in the applicable local government's acknowledged comprehensive
			 plan and land use regulations which requires the Department to adopt findings
			 of compliance with one or more of the statewide planning goals;
(b) Identify the specific statewide planning
			 goal(s) or goal requirements the Department must address;
(c) Consult directly with the affected city
			 or county;
(d) Request, as
			 necessary, interpretive guidance from the Department of Land Conservation and
			 Development and the Attorney General's Office;
(e) Rely on any relevant goal interpretations
			 applicable to state agencies adopted by the Department of Land Conservation and
			 Development rules; and
(f) Adopt
			 any necessary findings to assure compliance with the statewide planning
			 goals.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0050 - Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 approving or undertaking an action or project listed in OAR
			 291-032-0020, the Department
			 shall find that the program or action is compatible with the affected local
			 government's acknowledged comprehensive plan and land use regulations. To make
			 its plan compatibility findings, the Department shall assure compatibility with
			 applicable local government comprehensive plans through a process of
			 preapplication meetings and concept review with the planning section of the
			 local government with permitting authority for the project.
(2) A Department decision to proceed with a
			 project or action shall not be made until it obtains one or more of the
			 following:
(a) A copy of the local land use
			 permit, building or occupancy permit, or other equivalent documentation from
			 the city or county planning agency, building department or governing body;
			 or
(b) A letter from the local
			 planning agency, building department or governing body stating that the project
			 or action in question is permitted under the jurisdiction's comprehensive plan,
			 land use regulations, or development codes, but does not require specific
			 approval by the jurisdiction; or
(c) Other information and documentation
			 equivalent to subsection (a) or (b) of this section including, but not limited
			 to, written testimony presented to the Department from an authorized
			 representative from the affected city or county.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0060 - Compliance with the Statewide Planning Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (4) of this
			 rule, the Department shall achieve Goal compliance whenever possible by taking
			 actions that are compatible with the acknowledged city and county comprehensive
			 plans and land use regulations.
(2)
			 Where appropriate, the statutory plan amendment and periodic review processes
			 shall be used to obtain local land use approvals for a project or action
			 proposed by the Department which affects land use.
(3) An action within a Department "land use
			 program" is considered to be in compliance when such an action is compatible
			 with the acknowledged comprehensive plan and land use regulations of the
			 applicable local governing body.
(4) When the Department in the process of
			 siting a facility recommended under a strategic plan commissioned by the
			 Department, finds that the acknowledged comprehensive plan and land use
			 regulations of the applicable local governing body do not contain requirements
			 or conditions specifically applicable to the facility that the Department seeks
			 to site, the Department shall comply with the statewide goals by adopting
			 written findings. To adopt such findings the Department may:
(a) Identify the specific statewide goals
			 which must be addressed;
(b)
			 Consult directly with the affected city or county;
(c) Request interpretive guidance from the
			 Department of Land Conservation and Development and the Attorney General's
			 Office; and
(d) Rely on any
			 relevant goal interpretation for state agencies adopted by Department of Land
			 Conservation and Development by rule.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0070 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the intent of the Department to achieve compatibility between Department land
			 use programs and acknowledged comprehensive plans and land use regulations,
			 whenever possible. However, a situation may occur where the Department believes
			 its statutory mandates, including but not limited to ORS Chapter 421
			 (Department of Corrections Institutions) and 423 (Corrections Administration
			 and Programs), may prevent the Department from meeting its land use
			 compatibility responsibility under 197.180.
(2) The Department shall attempt to resolve
			 all land use disputes, including conflicting statutory obligations, by direct
			 contact with the affected cities and counties. Whenever possible, Department
			 efforts to avoid and resolve potential land conflicts concerning a specific use
			 or action shall be conducted prior to and through local government land use
			 proceedings. Such efforts may include Department participation in
			 preapplication meetings and conflict resolution activities, and the provision
			 of technical information and assistance to the affected local
			 government(s).
(3) In the event the
			 Department and a local government do not agree that a Department program or
			 action is compatible with the applicable comprehensive plan and land use
			 regulations, the Department will attempt to resolve the dispute though the
			 following procedures:
(a) Hold direct
			 discussions with the affected local government(s), the Department of Land
			 Conservation and Development, and any other appropriate or affected persons or
			 agencies to identify ways the project or action can be made compatible with the
			 jurisdiction's comprehensive plan and land use regulations;
(b) Examine alternatives to achieving the
			 Department's project or action, including possible modification of the proposed
			 project or action, or withdrawal of the proposal;
(c) Appeal of local government denials of
			 Department of Corrections requests for land use approvals or compatibility
			 determinations when determined to be necessary by the Department; or
(d) If the dispute is not resolved through
			 subsections (a) through (c) of this section, the Department may request
			 informal mediation of a compatibility determination from the Land Conservation
			 and Development Commission in accordance with established rules.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0080 - Compliance and Compatibility of New or Amended Department Land Use Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall assure that new or amended Department rules and programs
			 affecting land use will comply with the statewide planning goals and be
			 compatible with acknowledged comprehensive plans and land use
			 regulations.
(2) The Department
			 shall submit notice of the proposed amendment of any existing Department rule
			 or program or any new Department rule or program to the Department of Land
			 Conservation and Development in the manner prescribed in established
			 rules.
Statutory/Other Authority: ORS
				  179.040,
				  197.080,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  197.080,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0090 - Coordination with Affected State and Federal Agencies and Special Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall coordinate with state and federal agencies
				and special districts on Department projects or actions affecting land use,
				when necessary. Additionally, the Department may coordinate with state and
				federal agencies and special districts on land use issues of concern to the
				Department.
Stat. Auth.: ORS
				  179.040, ORS
				  197.080, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  197.080, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 32 - LAND USE COORDINATION › Section 291-032-0100 - Cooperation and Technical Assistance to Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to statutory and budgetary
			 limitations, the Department shall provide technical assistance and information
			 to local governments and other interested persons. Such assistance and
			 information offered shall be for the purpose of implementing Department
			 programs affecting land use and to help cities and counties revise and carry
			 out their comprehensive plans and land use regulations with regard to the
			 siting and development of correctional facilities.
(2) Specific Department involvement with
			 local governments may include participation in preapplication meetings,
			 periodic review, plan and land use regulation amendments and plan updates, and
			 implementation actions of comprehensive plans. Where appropriate, the
			 Department may urge the adoption by local governments of policies which
			 recognize the plans and programs of the Department of Corrections.
Statutory/Other Authority: ORS
				  179.040,
				  197.080,
				  423.020,
				  423.030 &
				  423.075
Statutes/Other Implemented: ORS
				  179.040,
				  197.080,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 34 - TRANSFERS (INMATE) › Section 291-034-0005 - 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 the process and procedures for the orderly commitment and transfer of
			 inmates from one Department of Corrections facility to another. This rule also
			 establishes the process for the approval of those commitments and
			 transfers.
(3) Policy:
(a) In accordance with provisions of ORS
			 137.124,
			 421.455, and the administrative
			 rules of the Board of Parole and Post-Prison Supervision, it is the policy of
			 the Department of Corrections that inmates under the jurisdiction of the
			 Department of Corrections may be transferred from one Department of Corrections
			 facility to another.
(b) It is the
			 policy of the Department of Corrections that all non-emergency transfers of
			 inmates between facilities be coordinated and approved by the Office of
			 Population Management and the DOC Transport Unit.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 34 - TRANSFERS (INMATE) › Section 291-034-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Corrections
			 Information System (CIS): A computer system dedicated to tracking information
			 critical to the management of inmates and offenders under the custody,
			 supervision or both of the Department of Corrections.
(2) Department of Corrections Facility: Any
			 institution, facility or staff office, including the grounds, operated by the
			 Department of Corrections.
(3)
			 Inmate: Any person under the supervision of the Department of Corrections who
			 is not on parole, probation, or post-prison supervision status.
(4) Intake Facility: A Department of
			 Corrections facility Intake Center where newly committed inmates and parole
			 violators are evaluated as to custody classification, risk and needs
			 assessments, and are assigned to the appropriate facilities within the state
			 prison system.
(5) Office of
			 Population Management: A functional unit of the department that oversees
			 capacity and resource management, the inmate classification system, high risk
			 inmate placements, Interstate Corrections Compact, treatment and program
			 screening, Oregon Youth Authority/ghost caseloads, centralized Static 99R
			 assessments, centralized transfer authority, and staff and inmate conflict
			 reviews.
(6) Transfer: A movement
			 and reassignment of supervision of an offender between Community
			 Services/community corrections offices or an inmate between Department of
			 Corrections facilities.
(7)
			 Transfer Coordinator: The DOC Transport Unit staff member responsible for
			 reviewing approved inmate transfer requests to prioritize and coordinate the
			 logistics, planning, and scheduling of DOC inmate transfers. This position is
			 also the primary DOC liaison with law enforcement, county jails, and courts for
			 coordinating and scheduling inmate transfers for interviews and/or court
			 appearances and return to DOC custody.
(8) Transport: The DOC Transport
			 Unit.
(9) 1206 Transfer Request: A
			 DOC approved electronic process using the Corrections Information Systems (CIS)
			 to initiate a request for inmate transfers.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.124,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 34 - TRANSFERS (INMATE) › Section 291-034-0015 - Intake Facility Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All transfers from the Coffee Creek Intake Center shall be based upon the
			 inmate's classification score, medical status, program needs, available bed
			 space, and operational needs of the department.
(2) Staff at the Coffee Creek Intake Center
			 is responsible for:
(a) Compiling the
			 background information on all inmates;
(b) Conducting risk and needs
			 assessments;
(c) Placing
			 appropriate designators;
(d)
			 Initiating inmate classification, and when appropriate, the Work Housing
			 Assessment Level Evaluation (WHALE); and
(e) Making appropriate recommendations for
			 transfer to the Office of Population Management.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 34 - TRANSFERS (INMATE) › Section 291-034-0020 - Routine Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 institution staff becomes aware an inmate's current placement may no longer
			 meet his/her custodial or program needs or is contrary to existing policy, the
			 inmate shall be considered for transfer to another Department of Corrections
			 facility.
(2) Institution staff
			 shall provide information to the Office of Population Management and Transport
			 via the CIS using the 1206 transfer request screen. This information includes
			 the inmate's current classification and/or WHALE, needs assessments, special
			 case considerations, and medical status.
(a)
			 The 1206 transfer request will be reviewed and approved or denied by the Office
			 of Population Management.
(b) If a
			 routine transfer needs to be completed that day and the Office of Population
			 Management staff is unavailable, the Transfer Coordinator may approve the 1206
			 transfer request. The Transfer Coordinator may deny a 1206 transfer request at
			 the time of the move if the circumstances have changed (i.e. medical
			 restrictions, custody level change, security concerns, etc.).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 34 - TRANSFERS (INMATE) › Section 291-034-0025 - Administrative Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 administrative transfers will be requested through the use of the 1206 transfer
			 request 1206 screen in the CIS. The 1206 transfer request will be reviewed and
			 approved or denied by the Office of Population Management.
(2) When an inmate's conduct is determined to
			 be a threat to the safety or security of the facility, the inmate may be
			 referred for transfer using a 1206 transfer request.
(3) Transfers for medical or mental health
			 purposes will be coordinated through the Medical Services or Behavioral Health
			 units of both the sending and receiving facilities, and be processed through
			 the Office of Population Management by the sending facility. Upon completion of
			 the needed medical or mental health care, the inmate may be considered for
			 transfer.
(4) Emergency Transfers:
(a) If the conduct or presence of an inmate
			 is an immediate danger to the security of the facility or safety of staff, the
			 inmate, or other inmates, and the facility does not have adequate segregation
			 facilities to contain the behavior or provide the necessary security, an
			 emergency transfer may be made pursuant to the following procedures:
(A) When the functional unit manager or
			 designee determines an emergency transfer is necessary, a telephone or e-mail
			 request shall be directed to the receiving facility, and coordinated with the
			 Office of Population Management and the Transfer Coordinator during business
			 hours, or notice sent to the Office of Population Management and the Transfer
			 Coordinator after business hours;
(B) The request shall include the inmate's
			 name, SID number, and all applicable information, including the reason for the
			 emergency transfer.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 34 - TRANSFERS (INMATE) › Section 291-034-0030 - General - Institutional Instruction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an inmate is transferred from one
			 facility to another, the inmate's updated file, including health records, will
			 be transferred to the receiving facility.
(2) Inmates must work with their counselors
			 regarding transfers outside of those that meet basic operational needs of the
			 department, e.g., work assignments, educational, or program needs. The
			 counselor is responsible for ensuring the transfer is consistent with the
			 inmate's case plan, and transfers have been approved by the appropriate
			 stakeholders. Stakeholder approval must be reflected in the 1206 transfer
			 request.
(3) While the department
			 recognizes the importance of family and friends in the rehabilitation of
			 inmates, the department is unable to grant transfer requests for the purpose of
			 hardship or convenience. An inmate may request a temporary transfer for a
			 supervised trip or emergency leave in accordance with the rules on Emergency
			 Leaves and Supervised Trips (OAR 291-063).
(4) Every effort will be made to house an
			 inmate near his/her releasing county within 6-12 months before the inmate's
			 release date.
(5) Each facility
			 shall designate staff responsible for review and approval of transfer requests.
			 These requests will be entered into the 1206 transfer request screens for
			 approval by the Office of Population Management.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats. Implemented: ORS
				  137.124,
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 35 - RESEARCH PROPOSALS › Section 291-035-0005 - 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,
			 423.020,
			 423.030, and
			 423.075.
(2) Purpose: The purpose of this rule is to
			 establish a uniform process for review and approval of proposals for external
			 research conducted within the Department of Corrections.
(3) Policy: It is the policy of the
			 Department of Corrections to facilitate research performed by outside entities
			 that will yield information to help the department improve its effectiveness.
			 Research may be conducted in coordination with department staff or contract
			 services.
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 35 - RESEARCH PROPOSALS › Section 291-035-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adult in
			 Custody (AIC): A person under the supervision of the Department of Corrections
			 who is not on parole, post-prison supervision, or probation status.
(2) External Research Party (ERP): Any person
			 or persons who submit one or more proposals to the Research Committee to
			 conduct research with adults in custody or department staff. An approved ERP is
			 any person whose research proposal has been approved by the DOC Research
			 Committee.
(3) External Research
			 Proposals: Proposals submitted by external parties which includes but is not
			 limited to research initiated or conducted by department staff (internal to the
			 department, who may be benefitting from an externally awarded degree),
			 colleges, universities, government or private agencies and organizations, or
			 other parties outside the department.
(4) Institutional Review Board (IRB): As
			 defined in Protection of Human Subjects, 45 C.F.R. § 46, an IRB is an
			 independent body whose purpose is to review research proposals that involve
			 human subjects. An IRB assures that the rights, safety, and well-being of
			 research subjects are protected, that informed consent is obtained, and that
			 the benefits of the research outweigh the risks involved. IRBs are usually
			 associated with universities, colleges, or other agencies and are not
			 affiliated with the department or any of its prisons.
(5) Offender: Any person under the
			 supervision of the Department of Corrections, local supervisory authority or
			 community corrections who is on probation, parole, or post-prison supervision
			 status.
(6) Research: The
			 systematic design and implementation of appropriate methods to collect,
			 analyze, and disseminate data to answer specific questions or test scientific
			 theory.
(7) Research Committee: A
			 committee comprised of four or more Department of Corrections employees
			 including the Research Committee Chair, at least one member from the
			 department's Executive Team, and content experts as needed.
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 35 - RESEARCH PROPOSALS › Section 291-035-0011 - General Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Research Committee will promote, screen, approve, and monitor external research
			 that aligns with the department's mission, values, goals, initiatives; and
			 benefits AICs, offenders, AIC families, department staff, the Department of
			 Corrections, or the State of Oregon.
(2) External research proposals requiring
			 department policy decisions will be referred to the appropriate assistant
			 director for review.
(3) The
			 Research Committee Chair will keep records documenting each proposal review,
			 committee decision, and the conditions of proposal acceptance.
(4) All external research proposals submitted
			 to DOC must be reviewed and approved by an Institutional Review Board and the
			 DOC Research Committee before research within DOC can begin. A copy of the IRB
			 application and approval letter must be provided to the Research Committee
			 Chair.
(5) The DOC Research
			 Committee does not function as an Institutional Review Board.
(6) Participation in research by AICs,
			 offenders, AIC family members, or staff must be voluntary and participant
			 confidentiality protected.
(7) The
			 ERP of the proposed research shall disclose to potential research participants
			 any information that should be protected and thereby exempt from disclosure
			 under the Public Records exemption law ORS
			 192.355.
(8) The proposed research may not:
(a) Expose any AIC, offender, AIC family
			 member, or staff member, with or without informed consent, to involvement in
			 medical, psychiatric, psychological experimentation, or any other experimental
			 research as defined in ORS
			 421.085.
(b) Pose a significant hazard to the life or
			 health of any human being, state property, security or sound order of any
			 institutions, mission of the Department of Corrections, or any of its
			 functional units.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 35 - RESEARCH PROPOSALS › Section 291-035-0015 - Submitting a Research Proposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The ERP may obtain an External Research Application (CD 1838) and additional
			 information on the submission process at www.oregon.gov/doc.
(2) The ERP must submit the completed
			 application (CD 1838) and all other relevant study materials (e.g., Institution
			 Review Board application, Institution Review Board approval letter, consent
			 forms, assessments, surveys, etc.) to:
			 ODOCResearchCommitteeChair@doc.state.or.us
(a) The Research Committee will review new
			 research proposals on a bimonthly timeline. New research proposals must be
			 received by the Committee Chair 30 business days before the Research Committee
			 review date to be considered. Committee review dates are listed at
			 www.oregon.gov/doc.
(b) The
			 Research Committee will notify the ERP of the determination or if additional
			 conditions are required within 4-6 weeks from the submission
			 date.