reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0035

Current through Register Vol. 63, No. 7, July 1, 2024
The Exhibit(s) and Form(s) referenced in this rule are not
				  printed in the OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0040

Current through Register Vol. 63, No. 7, July 1, 2024
The Form(s) referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0045

Current through Register Vol. 63, No. 7, July 1, 2024
The Form(s) referenced in this rule is not printed in the OAR
				  Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0100 - Authority, Purpose, and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish Department of Corrections policy and procedure for affording inmates
			 reasonable access to law library services and equipment and to necessary
			 supplies for the preparation and filing of legal documents with the courts and
			 paroling authorities.
(3) Policy:
			 Within the inherent limitations of resources and the need to promote and
			 maintain facility security, safety, health, and order, and subject to
			 operational contingencies and needs, it is the policy of the Department of
			 Corrections to afford inmates reasonable access to law library services and
			 equipment, and to necessary supplies for the preparation and filing of legal
			 documents with the courts and paroling authorities, on a prioritized basis, in
			 accordance with these rules.
Stat. Auth.: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Stats Implemented: ORS
				  179.040,
				  423.020,
				  423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0120 - Access to Law Library Services and Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: Within the inherent limitation
			 of resources and the need for facility security, safety, health, and order, and
			 subject to operational contingencies, all inmates will be afforded reasonable
			 opportunities to access law library services and equipment, and necessary
			 supplies for the preparation and filing of legal documents with the courts and
			 paroling authorities, on a prioritized basis, in accordance with these
			 rules.
(2) Priority Access to Law
			 Library Services and Equipment:
(a) Inmate
			 access to law library services and equipment will be prioritized in the
			 following order:
(A) Priority legal users
			 with an imminent court deadline;
(B) General legal users with an imminent
			 court deadline;
(C) Priority legal
			 users without an imminent court deadline; and
(D) General legal users without an imminent
			 court deadline.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0130 - Law Library Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operations
			 and Procedures:
(a) Each facility will post
			 normal law library hours of operation.
(b) Work space will be provided for inmate
			 use in all facility law libraries.
(c) Assigned legal assistants will be
			 provided work space and access to computer equipment for research and word
			 processing.
(d) Commissary items,
			 personal property, and other items that are unrelated to legal research or
			 preparation of legal documents are not permitted in facility law
			 libraries.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0140 - Special Housing Law Library Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates assigned to special housing will
			 be afforded reasonable access to law library services through intra-facility
			 telephone and loan systems, satellite law library materials, computer equipment
			 in or near the special housing unit or some combination therein.
(2) Inmates assigned to special housing who
			 do not have direct access to computerized legal research materials or to print
			 legal research materials sufficient for their needs may request access to
			 duplicated copies of specific reported cases or other legal research materials
			 by using standard request forms.
(a) All
			 loaned legal material items must be returned to the facility law library within
			 the specified time period for the loan.
(b) Requests for legal research materials
			 will be limited to five materials per inmate at any one time.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0150 - Library Coordinators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Library
			 coordinators are responsible for supervising facility legal libraries and the
			 provision of law library services to inmates, including the activities of the
			 assigned legal assistants.
(2) The
			 library coordinator oversees the prioritization and assignment of legal
			 services to an inmate, including the assignment of legal assistants.
(3) The library coordinator will track and
			 manage the work of assigned legal assistants.
(4) The library coordinator may instruct
			 inmates on how and where to access requested law library services and other
			 resources, but may not offer advice or directly assist an inmate with their
			 legal issues, case or matter.
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 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0160 - Legal Assistants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Legal
			 assistants are assigned to work in the facility law library by the library
			 coordinator to help guide and assist other inmates in legal research and
			 document preparation on a prioritized basis as assigned by the library
			 coordinator. A minimum of one legal assistant will be assigned at each
			 Department of Corrections facility that has a law library.
(2) Legal assistants may conduct legal
			 research and prepare legal documents for another inmate only if the inmate is
			 not capable of doing their own legal research and document
			 preparation.
(3) Legal assistants
			 may not discuss the details of another inmate's legal work with other
			 inmates.
(4) Legal assistants may
			 not work for attorneys.
(5) Legal
			 assistants may not charge or receive any form of compensation for assisting
			 another inmate with legal work. Legal assistants who request or receive
			 compensation for legal work are subject to discipline for violation of the
			 department's rules on Prohibited Inmate Conduct (OAR 291-105). Inmates found in
			 violation of the rules of Prohibited Inmate Conduct related to their work in
			 the library may be ineligible for future work assignment as a legal
			 assistant.
(6) Legal assistants may
			 be removed from their work assignment in a facility law library at the
			 discretion of the functional unit manager or designee, in consultation with the
			 Central Library Administrator, for misconduct or other behavior determined to
			 be inconsistent with their work assignment as a legal assistant. Inmates
			 removed from a work assignment as a legal assistant may be ineligible for
			 consideration for future work assignment as a legal assistant.
(7) Possession of Another Inmate's Legal
			 Material:
(a) An inmate legal assistant may
			 temporarily possess and store another inmate's legal documents and other
			 material in the facility law library for purposes of assisting the inmate with
			 the approval of the library coordinator.
(b) The legal assistant must clearly label
			 and store the inmate's legal work in accordance with the library coordinator's
			 instructions.
(c) The legal
			 assistant must return all legal documents and other materials belonging to the
			 inmate upon the conclusion of the assistance or at the direction of the library
			 coordinator. The legal assistant may not retain any copies (electronic or
			 paper) of the inmate's legal documents or other material.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0170 - Print, Photocopy, and Mailing Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Printing and Photocopy Services:
(a) Printing and photocopy services will be
			 made available to inmates in the facility law library for duplication of legal
			 documents at the inmate's expense. An inmate must have sufficient funds in the
			 inmate's trust account to cover the costs of duplication at the time of a
			 request.
(b) Costs for Printing or
			 Photocopying: Inmates receiving printing or photocopying services will be
			 charged at the rate of 10 cents per page.
(c) Cursory Review: All documents, prior to
			 photocopy or printing, may receive a cursory review by the library coordinator
			 or other supervising staff.
(d)
			 Duplication of materials provided to the inmate by the court, paroling
			 authority or attorney may be approved only for inmates who have sufficient
			 funds to pay for copies.
(e) Crime
			 scene images and other inflammatory material from an inmate's criminal case
			 will not be duplicated. Misuse of such material in violation of the
			 department's rules of Prohibited Inmate Conduct (OAR 291-105) may result in
			 discipline or in confiscation of the material.
(f) All inmate requests for photocopies must
			 be approved by the library coordinator or other supervising staff member. Only
			 legal documents in final form that are ready to be filed with the court or
			 paroling authority will be approved for photocopying. Approval will be provided
			 for only that number of copies needed to satisfy court or paroling authority
			 filing requirements as established by applicable rules and procedures, and one
			 additional copy for retention by the inmate for the inmate's personal records.
			 If the library coordinator or other supervising staff have questions about copy
			 requirements, the requesting inmate is responsible for providing staff with the
			 citation to the applicable court or paroling authority rules and
			 procedures.
(g) Copies of Non-Legal
			 Documents: The library coordinator, in consultation with an immediate
			 supervisor, may approve at the inmate's expense photocopying of non-legal
			 documents in the facility legal library when doing so serves a legitimate
			 correctional, rehabilitative or programming need.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0180 - Indigent Inmates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Two
			 categories of inmates will qualify for indigent status:
(a) A Priority Legal User who is without
			 sufficient funds in the inmate's trust account to pay for the costs of
			 necessary supplies, photocopies and mailing services at the time of the request
			 will be provided necessary supplies, photocopies, and mailing services
			 notwithstanding the inmate's indigent status in accordance with these
			 rules.
(b) A General Legal User
			 with an imminent Court Deadline who can demonstrate the inability to acquire
			 funds or purchase necessary supplies or mailing services within the court
			 deadline will be provided necessary supplies, photocopies and mailing services
			 notwithstanding the inmate's indigent status in accordance with these
			 rules
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 139 - LEGAL AFFAIRS (INMATE) › Section 291-139-0190 - Storage, Control, and Disposition of Legal Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General:
(a) Each inmate may possess and store their
			 own legal materials as authorized by the department in accordance with the
			 department's rules on Personal Property (Inmate) (OAR 291-117).
(b) Each inmate is responsible for
			 maintaining custody of their own authorized legal materials except for those
			 authorized legal materials that are maintained on digital or electronic storage
			 media, which will be maintained in the facility law library.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0005 - 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 uniform guidelines for the operation of libraries and the provision
			 for library services in each Department of Corrections facility.
(3) Policy: It is the Department of
			 Corrections policy to maintain institution libraries for the educational
			 reinforcement, broadening and strengthening of the rehabilitative program of
			 each inmate.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Department of
			 Corrections Facility". Any institution, facility, or staff office, including
			 the grounds, operated by the Department of Corrections.
(2) "Inmate". Any person under the
			 supervision of the Department of Corrections who is not on parole, post-prison
			 supervision, or probation status.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0015 - Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each Department
			 of Corrections facility with a library coordinator will provide inmate library
			 services. Those facilities without a library coordinator will provide a level
			 and variety of leisure reading material approved by the Assistant Director of
			 Institutions.
(2) Information
			 regarding library services will be a part of the inmate's orientation to the
			 Department of Corrections facility.
(3) Library staff will coordinate and
			 supervise library services, including, assisting inmates to obtain information
			 and reference services either from that library's own collection or from the
			 Oregon State Library according to procedures established by the Oregon State
			 Library for that purpose.
(4) The
			 library coordinator will maintain a comprehensive variety of reading materials
			 to reflect the varying interests, reading abilities, languages, and needs of
			 inmates and will update the materials through planned acquisition.
(5) The library coordinator will accept or
			 decline donations of material using the same criteria as described in section
			 (4) of this rule.
(6) The library
			 will acquire educational reading materials that supplement and support the
			 facility's education and treatment programs, working in conjunction with
			 designated staff from those areas.
(7) Staff assigned to the library will
			 select, train and supervise inmates as library clerks.
(8) Materials acquired from inter-library
			 loan shall be subject to the procedures governing facility library books and
			 materials unless the lending library have specific requirements.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0020 - Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A schedule of
			 the library's hours will be posted in areas convenient for inmate observation
			 and notification.
(2) This schedule
			 will afford inmates the opportunity to use the library in accordance with
			 available space and supervision.
(3) Inmates in special housing status will be
			 provided library services in accordance with the Department of Corrections
			 rules on Segregation (Disciplinary) and Intensive Management Unit.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0035 - Returned, Overdue, Lost, and Damaged Library Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates who lose, damage or fail to
			 return library materials may receive a misconduct report, be charged for the
			 costs of the materials, and may sustain modified library privileges.
(2) Damage to or defects in library materials
			 will be noted (on the library material) before it is re-issued.
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0040 - Legal Library Services

Current through Register Vol. 63, No. 7, July 1, 2024
Legal library services to inmates residing in Department of
				Corrections facilities will be provided in accordance with the Department of
				Corrections Rule on Legal Affairs (Inmate).
Stat. Auth.: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Stats. Implemented: ORS
				  179.040, ORS
				  423.020, ORS
				  423.030 & ORS
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 141 - LIBRARY SERVICES (INMATE) › Section 291-141-0045 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The section of
			 Prohibited Mail OAR 291-131-0035 in the Department
			 of Corrections rule on Mail (Inmate) will be the criteria used to determine the
			 suitability of any library materials entering the facility.
(2) The following information will be
			 included in the library services handout at the inmate's orientation to the
			 Department of Corrections facility:
(a) Days
			 and times when the library is open for general use;
(b) The process involved in checking out,
			 renewing, and returning books and materials;
(c) The maximum amount of materials that may
			 be checked out from the library at any given time; and
(d) The length of time material may be kept
			 before it is considered overdue.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0005 - 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: To establish department policy
			 and procedures regarding inmate religious exercise and activities, and
			 religious programming in Department of Corrections facilities.
(3) Policy: Within the inherent limitations
			 of resources and the need for facility security, safety, health and order, the
			 department intends to:
(a) Offer inmates the
			 opportunity to exercise their religion and integrate their religious faith into
			 their life experience during their incarceration from intake through release
			 and re-entry into the community;
(b) Provide for the orderly management and
			 supervision of inmate religious activities through the use of chaplains,
			 approved volunteers, and other department staff;
(c) Seek methods to encourage and foster
			 understanding and respect for the diversity of religious beliefs and practices
			 of Department of Corrections inmates, volunteers, and staff; and
(d) Ensure that departmental practices with
			 regard to religious programming are consistent with relevant provisions of the
			 state and federal constitutions, statutes, and regulations.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Administrator
			 of Religious Services: The Department of Corrections manager assigned
			 responsibility for administering religious programming and services for the
			 Department of Corrections.
(2)
			 Chaplain: A person employed by the Department of Corrections to facilitate and
			 provide religious programming and services to inmates in Department of
			 Corrections facilities.
(3)
			 Department of Corrections Facility: Any institution, facility or staff office,
			 including the grounds, operated by the Department of Corrections.
(4) Functional Unit Manager: Any person
			 within the Department of Corrections who reports to the Director, Deputy
			 Director, an Assistant Director, or administrator and has responsibility for
			 delivery of program services or coordination of program operations.
(5) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole, post-prison supervision,
			 or probation status.
(6) Religious
			 Activity: Any rite, ceremony, event, activity, or program that is customarily
			 associated with the practices of a religion that are facilitated or
			 administered by Religious Services including but not limited to corporate
			 gatherings of adherents of a religion.
(7) Religious Representative: A person who is
			 qualified to provide authoritative information to the Department of Corrections
			 regarding their religion. For purposes of this rule, a religious representative
			 must not be an inmate; a person who is on probation, parole, or post-prison
			 supervision; or a person who is otherwise disqualified from acting as a
			 volunteer in a Department of Corrections facility under department rules and
			 policies.
(8) Religious Volunteer:
			 A person who is qualified to direct, lead, or conduct others in the rites,
			 ceremonies, or other practices of a religion who has been approved by the
			 Department of Corrections to assist inmates in requested religious activities
			 in Department of Corrections facilities.
(9) Special Housing: Inmate housing
			 assignments other than general population.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0070 - Chaplains/Religious Volunteers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 chaplain in each Department of Corrections facility is responsible for
			 coordination and facilitation of inmate religious activities.
(2) Chaplains shall attend to the religious
			 requests of each inmate, regardless of the inmate's religious belief or
			 affiliation.
(3) Religious activity
			 leadership roles may include chaplains and approved religious
			 volunteers.
(4) If a chaplain is
			 not qualified to lead a particular religious activity and an approved volunteer
			 is not available, the chaplain or designee, with the assistance of the
			 Religious Services administrator or assistant administrator or others as
			 needed, will:
(a) Seek out and invite a
			 qualified individual from the community to conduct the religious activity as a
			 religious volunteer; or
(b) Work
			 with a religious representative to provide when possible alternative means for
			 the conduct of the requested activity in a manner that is consistent with
			 department rules and facility procedures. Alternative means may include, when
			 determined appropriate by the chaplain, use of a script, liturgy, audio, video,
			 or other available media.
(c) The
			 chaplain will determine whether an approved activity will be accommodated in
			 the context of a group activity or limited to individual practice, based on the
			 availability of staff or volunteer resources.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0080 - Religious Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inmates
			 should have the opportunity for reasonable access to religious activities which
			 may include but are not limited to the following:
(a) Regular religious services and
			 ceremonies;
(b) Special ceremonies,
			 holiday services, and sacraments;
(c) Individual religious
			 counseling;
(d) Inmate religious
			 group meetings; and
(e) Religious
			 moral instruction.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0090 - Religious Activity Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Religious Activity Areas: The functional unit manager of each facility shall
			 designate areas of sufficient size and quantity appropriate for the conduct of
			 approved religious activities.
(2)
			 Access to Religious Activity Areas: The use of religious activities areas
			 within the facility will be scheduled by the chaplain or designee. In
			 scheduling designated religious activities areas, the chaplain or designee will
			 seek to accommodate religious beliefs including those that call for particular
			 times and calendar or lunar dates.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0100 - Provisions of Religious Items for Conduct of Religious Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Items required for the conduct of a religious activity may be
				supplied by the Department of Corrections or donated by a religious
				representative, religious volunteer, or other approved source at the discretion
				of the department. Items must be approved by the chaplain, may require security
				review, and are subject to search. Items not approved will be considered
				contraband and subject to confiscation.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0110 - Inmate Religious Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 inmate may be authorized to express his/her religious customs and beliefs in
			 appropriate ways, consistent with facility security, safety, health and order,
			 through the use of approved religious items:
(a) While participating in individual and
			 group religious activities; and
(b)
			 While wearing or carrying a religious emblem, medal, medallion, pendant, or
			 other religious item.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0112 - Religious Dietary Accommodations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will satisfy the special
			 religious dietary needs of inmates within the context of the Food Services
			 cyclical menu.
(2) Requests for
			 inmate religious dietary needs that cannot be satisfied within the context of
			 the Food Services cyclical menu will be considered.
(a) Inmate requests for special religious
			 diets must be rooted in religious exercise.
(b) The inmate must sign a religious diet
			 participation agreement committing to adhere to the diet requested. Violation
			 of the agreement may result in a re-examination of the inmate's commitment to
			 the religious tradition in which the diet is observed. An inmate may submit a
			 request for religious accommodation as outlined in OAR
			 291-143-0115.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0115 - Request for Religious Accommodation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An inmate may make a request for
			 religious accommodation for the following:
(a) A religious activity not currently
			 available at the facility where the inmate is housed;
(b) A religious item not currently approved
			 by the department; or
(c) A special
			 religious diet.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0120 - Searches of Religious Activity Areas/Religious Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All designated religious activity areas
			 and religious items shall be subject to search conducted in accordance with the
			 department's rule on Searches (Institutions)(OAR 291-041).
(2) Staff shall conduct searches in a manner
			 that reflects an awareness of and sensitivity to individual religious beliefs,
			 practices, and respect for the objects or symbols used in the religious
			 practice.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0125 - Religious Grooming Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Inmates may comply with religious practices relating to head or
				facial hair if the observance remains consistent with the department's rules on
				Hygiene and Grooming (OAR 291-123).
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0130 - Restriction of Religious Activity/Items

Current through Register Vol. 63, No. 7, July 1, 2024
An inmate's participation in approved religious activities and
				possession of approved religious items may be restricted by the Department of
				Corrections when deemed necessary to maintain facility security, safety, health
				and order, or to further inmate rehabilitation or other penological interest,
				consistent with applicable legal standards.
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 179.040, 423.020, 423.030 &
				  423.075
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 143 - RELIGIOUS ACTIVITIES (INMATE) › Section 291-143-0140 - Religious Exercise Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
If an inmate has a dispute regarding the denial of a request
				for a religious practice or property items, he/she may use the inmate grievance
				system as described in the rules on Inmate Grievance Review System (OAR
				291-109).
Statutory/Other Authority: 179.040, 423.020, 423.030 &
				  423.075
Statutes/Other Implemented: 423.030, 423.075, 179.040 &
				  423.020
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0005 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for these rules is granted to the Director of the
			 Department of Corrections in accordance with ORS
			 179.040,
			 423.020,
			 423.030 and
			 423.075.
(2) Purpose: The purpose of these rules is to
			 establish Department of Corrections (DOC) guidelines for authorizing adults in
			 custody (AIC) access to and participation in AIC group activities within a DOC
			 facility, and appropriate supervision and management practices to ensure fiscal
			 accountability and safeguard DOC resources.
(3) Policy:
(a) It is the policy of the DOC to allow AIC
			 access to and participation in AIC group activities within DOC facilities to
			 further rehabilitative objectives. No person shall be denied the opportunity to
			 have access to and participate in AIC group activities on the basis of race,
			 color, religion, gender identity, marital status, national origin, age,
			 physical or mental disability or any other protected class.
(b) Inherent limitations of resources and the
			 need for facility security, safety, health, and good order shall take priority
			 when considering the facilitation of AIC group activities.
(c) When authorized by the department, AIC
			 access to and participation in AIC group activities is permitted neither as a
			 matter of right nor as a privilege of the AIC; rather, AIC access to and
			 participation in AIC group activities may be authorized when in the judgment of
			 the department it furthers the AIC's programming and rehabilitation, the
			 department's correctional goals and mission, and is consistent with the safe,
			 secure, and orderly management and operation of DOC facilities.
(d) Approval for AIC access to and
			 participation in authorized group religious activities shall be in accordance
			 with the department's rules on Religious Activities (OAR 291-143).
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Functional Unit
			 Manager (FUM): Any person within the Department of Corrections who reports to
			 either the Director, Deputy Director, an Assistant Director, or an
			 Administrator and has responsibility for the delivery of program services or
			 coordination of program operations. In a correctional facility, the functional
			 unit manager is the superintendent.
(2) Group: An approved AIC organization with
			 common social, cultural, or educational goals. Types of groups include:
(a) Club: An approved AIC group with a
			 constitution and elected club representatives that represents a segment of the
			 AIC population.
(b) Special
			 Interest Group: An approved AIC group that does not meet the standards of a
			 club.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0015 - Recognition and Control

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All AIC
			 group activities will be under the administrative control and responsibility of
			 Department of Corrections staff. The FUM or designee must approve all groups
			 and activities of groups.
(2)
			 Before any group activity is approved, the sponsoring group or person must
			 submit a brief written statement to the FUM or designee describing the proposed
			 activity. All proposed group activities must outline the objectives, the
			 planned number of AICs involved, frequency and time of the activity, needed
			 equipment, space and furnishing requirements, funding requirements,
			 qualifications for participation, anticipated special events, and publications
			 related to the proposed activity.
(3) Any group designated as a club must meet
			 the following criteria:
(a) Promotes the
			 facility's interest in safety and security; and
(b) If interaction with the public is
			 approved, follows the purpose of the club.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0020 - Membership, Meetings, and Events

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A waiting list may be maintained for
			 groups with limited membership.
(2)
			 AICs nominated to be club representatives must have approval of the FUM or
			 designee. An AIC will not be a club representative of more than one group. AICs
			 will not be permitted to be a member of more than four groups at a
			 time.
(3) Club representative
			 elections will be conducted by secret ballot. The designated facilitating staff
			 will be present during all elections and will supervise the counting of all
			 ballots.
(4) AIC groups may be
			 permitted by the FUM or designee to use monitored telephone for approved group
			 business. These calls will be monitored by assigned staff.
(5) A schedule for group meetings will be
			 adopted by designated facilitating staff and made available to the AIC
			 population.
(6) The FUM or designee
			 may limit what property may be used for a group meeting or brought by AICs to
			 group meetings to property which is necessary and appropriate for the
			 meeting.
(7) Attendance records
			 will be maintained for all group meetings by designated facilitating staff.
			 Failure to attend general meetings may result in loss of membership.
(8) All group events must be approved by the
			 FUM or designee.
(a) The FUM or designee may
			 deny, revoke, or suspend individual or group activities for AIC conduct that is
			 disruptive.
(b) Group activities
			 must follow an agenda approved by designated facilitating staff.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0025 - Volunteers and Guests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons
			 working with groups may be given volunteer status in accordance with the
			 department's rule on Volunteers/Student Interns (OAR 291-015).
(2) All guests at group activities must be
			 approved in advance by the FUM or designee for each activity and supervised at
			 all times.
(3) A person's
			 relationship status to any DOC AICs must be disclosed if seeking to be a guest
			 at a group activity. Relatives of AICs and those on an AIC's visitation list
			 may not attend group activities as a guest unless approved by the FUM or
			 designee. Refer to the department's rules on Visiting (OAR 291-127) for
			 additional direction.
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 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0045 - Group Assets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Money:
(a) Money generated on behalf of a club is
			 held in trust by DOC for the benefit of a club to further their purpose,
			 including money generated through fundraising events. At the request of the
			 club, the FUM or designee may request a club trust account to receive
			 contributions and make expenditures. All club trust accounts are created and
			 approved by Central Trust. Management of the club trust account must be in
			 accordance with the department's rule on Trust Accounts (AIC) (OAR 291-158).
(A) Revenue may not be generated, and
			 expenditures may not be made unless the club has an established trust
			 account.
(B) DOC is responsible to
			 provide oversight to ensure there are sufficient funds held in trust to cover
			 club expenditures and that club expenditures are in alignment with the club
			 purpose. Staff will not allow funds held in trust to be overspent.
(i) Clubs are responsible for managing the
			 club trust account and making decisions on expenditures. Clubs are not allowed
			 to run in a deficit.
(ii) Clubs may
			 choose to donate from their club trust account to any entity with approval of
			 the FUM or designee.
(iii) If the
			 club is terminated, unobligated funds will be transferred to the institution's
			 AIC Activities cost center.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 145 - GROUP ACTIVITIES (AIC) › Section 291-145-0050 - Legal Entity Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Groups shall
			 not be permitted to apply for non-profit status or any other incorporation
			 status.
(2) Groups shall not be
			 allowed to enter into contractual agreements or relationships.
(3) Groups shall not act in a manner that
			 portrays themselves as representatives or agents of DOC.
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 149 - WORK RELEASE PROGRAMS › Section 291-149-0100 - 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
			 144.260, ORS
			 144.410 - ORS
			 144.525, ORS
			 179.040,ORS
			 421.170, ORS
			 423.020, ORS
			 423.030, ORS
			 423.075, OR Const., Article I,
			 Section 42, and 1997 OR Laws, Chapters 313, 851 & 852.
(2) Purpose: To provide policy and procedures
			 relating to the establishment, operation and administration of Department of
			 Corrections work release programs.
(3) Policy:
(a) It is the policy of the Department of
			 Corrections to establish and administer work release programs in which inmates
			 are released from confinement in a Department of Corrections facility or are
			 authorized to leave other assigned quarters for the purposes authorized in ORS
			 144.410 et seq.
(b) No inmate will be assigned to participate
			 in work release activities outside the State of Oregon.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Designated
			 Outside Agency: A custody agency, other than the Oregon Department of
			 Corrections, that houses inmates who are still under the legal supervision of
			 the Oregon Department of Corrections, including an Oregon county.
(2) Inmate: Any person under the supervision
			 of the Department of Corrections who is not on parole, post-prison supervision
			 or probation status.
(3) Program
			 Staff: Any Department of Corrections, Oregon Corrections Enterprises, or County
			 employee, contractor (and contractor's employees/staff), or volunteer who works
			 with inmates in a Department approved program which includes work
			 release.
(4) Work Release Approval
			 Authority: A Department of Corrections employee designated by the Director to
			 approve and assign inmates to work release programs.
(5) Work Release Program: A program in which
			 an inmate may be released from confinement in a Department of Corrections
			 facility or authorized to leave other assigned quarters for the purpose of:
(a) Participating in an inmate work program
			 approved by the Director of the Department of Corrections, including work with
			 public or private agencies or persons, with or without compensation,
(b) Obtaining additional education, including
			 but not limited to vocational, technical and general education;
(c) Participating in alcohol or drug
			 treatment programs;
(d)
			 Participating in mental health programs; or
(e) Specific treatment to develop independent
			 living skills.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0120 - Work Release Program Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Assistant Director of Correctional
			 Services or designee will recommend for approval to the Director those
			 Department programs which shall be designated to include work release as a
			 program component.
(2) In making
			 the recommendation, the Assistant Director of Correctional Services will review
			 work release proposals. Each proposal shall contain:
(a) The purpose and goals of the program
			 which are consistent with inmate participation in work release
			 assignments;
(b) The specific
			 activities permitted under this rule which will be part of that program's work
			 release component;
(c) An outline
			 of the general program requirements and time frame prerequisite to an inmate
			 being considered for specific work release activities;
(d) A plan for sufficient program staff
			 resources to supervise specific work release program activities;
(e) A description of training for program
			 staff, appropriate to manage inmates assigned to work release;
(f) A description of resources sufficient to
			 maintain a work release program consistent with the Department's mission;
			 and
(g) A plan for communication
			 with local law enforcement and community corrections.
Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 149 - WORK RELEASE PROGRAMS › Section 291-149-0130 - Inmate Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will identify inmates who are eligible to be considered for
			 participation in a work release program. To be eligible to participate in a
			 program an inmate must:
(a) Be serving a
			 sentence that does not disqualify the inmate from participation in a work
			 release program;
(b) Be classified
			 as minimum custody under the Department's rules on Classification (Inmate), OAR
			 291-104; and
(c) Meet criteria for
			 'Unfenced' work assignment pursuant to the Assessment, Assignment, and
			 Supervision of Inmates for Work Assignments and Unfenced Minimum Housing
			 (WHALE) rules, OAR 291-082-0110(4).