Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 62 - ALTERNATIVE INCARCERATION PROGRAMS › Section 291-062-0150 - Removal or Suspension From an Alternative Incarceration Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The functional
			 unit manager or designee may remove or suspend an AIC from any portion of an
			 alternative incarceration program and may reassign the AIC to another
			 Department of Corrections facility to serve the balance of the AIC's
			 court-imposed incarceration term, for administrative or disciplinary reasons.
			 The decision to remove or suspend an AIC from the program will be made in
			 consultation with a committee appointed by the functional unit manager or
			 designee that is responsible to review the performance of AICs participating in
			 an alternative incarceration program.
(2) Administrative Removal or Suspension:
(a) The functional unit manager or designee
			 may immediately remove or suspend an AIC from the program and reassign the AIC
			 to another Department of Corrections facility without a hearing, for
			 administrative reasons.
(b) An AIC
			 who is not available to participate substantially in the program (e.g.,
			 physical and mental illness, court appearance(s), disciplinary segregation,
			 etc.) for up to 30 days following placement will be suspended from
			 participation and will be evaluated by the committee to determine whether the
			 AIC will be removed from the program or accepted back into the program at the
			 program level deemed appropriate by the functional unit manager or
			 designee.
(c) Any change in status
			 that would cause an AIC to be ineligible to continue participating in the
			 program as described in OAR
			 291-062-0130 (e.g., discovery of
			 a detainer), may result in a suspension.
(A)
			 If suspended, the AIC will have 30 days to resolve eligibility status with the
			 department. If the AIC's eligibility status remains unresolved, the AIC will be
			 removed from the program.
(B) An
			 extension may be made by the functional unit manager or designee on a
			 case-by-case basis.
(d)
			 If other charges will result in immediate incarceration upon release to
			 nonprison leave, the AIC will have 30 days to resolve eligibility status with
			 the department. If the AIC's eligibility status remains unresolved, the AIC
			 will be removed from the program. An extension may be made by the functional
			 unit manager or designee on a case-by-case basis.
(e) AICs are expected to participate in all
			 aspects of their program assignment at a level consistent with the length of
			 time they have been assigned to the program.
(A) The functional unit manager or designee
			 may suspend an AIC from the program for 30 days or more when, in consultation
			 with the program performance review committee, the functional unit manager or
			 designee determines that the AIC is not making adequate program progress.
			 During the suspension, the AIC will be given an opportunity to come into
			 compliance with established program standards.
(B) If the AIC comes into compliance, the AIC
			 will be placed at a program level deemed appropriate by the functional unit
			 manager or designee. The AIC may be removed from the program for failure to
			 meet program expectations. If the AIC is assigned to an intensive alternative
			 incarceration addictions program, the AIC may have the length of the program
			 extended beyond 270 days.
(f) If the department suspends or removes an
			 AIC from the program for administrative reasons while the AIC is on nonprison
			 leave status the AIC may request a hearing regarding the department's decision
			 to rescind approval for administrative reasons. If the AIC requests a hearing,
			 the department will provide a hearing using applicable rules in the
			 Department's rules for Leave Revocation Hearings (OAR 291-066) for evidence and
			 making preliminary findings of fact, to the extent that those rules are not
			 inconsistent with these rules (OAR 291-062). After the hearings officer has
			 provided a final report described in OAR 291-066-0310, the department will make
			 a final determination as to whether to revoke leave as provided in these rules
			 (OAR 291-062).