Oregon Administrative Code

137-085-0080 Training Requirements (1) For purposes of HB 3476, training that is no less than a total of 40 hours and that is substantially similar to subsections (2)–(4) of this rule is approved by the Attorney General. (2) Training shall be comprised of a minimum of 40 hours. (…

137-085-0090 Training Records Each qualifying victim services program shall maintain a roster of advocates who have completed the minimum training described required by OAR 137-085-0080 and who are thus “certified advocates.” Statutory/Other Authority: 2015 HB 3476 Statutes/Other…

137-086-0000 Purpose These rules set out guidelines for the operation of the Oregon Domestic & Sexual Violence Services Fund (“the Fund”) including the review and revision of the allocation plan mandated in ORS 147.456 & 134.459, the functioning of the advisory council establishe…

137-086-0010 Definitions (1) “Advisory Council” is the Oregon Domestic and Sexual Violence Services Fund Advisory Council, as established in ORS 147.471. (2) “Allocation Plan” is the plan for distributing money in the Fund that is developed pursuant to ORS 147.456 and 147.459 and…

137-086-0020 Advisory Council An Advisory Council of no fewer than fifteen and no more than twenty members shall be selected and serve terms in accordance with ORS 147.471 and with the by-laws established by the Advisory Council. Copies of the by-laws and other open records are a…

137-086-0030 Allocation Plan (1) Frequency. An allocation plan for distribution of legislatively authorized funds for the upcoming or current biennium will be developed each biennium by the Advisory Council. The final allocation plan must be approved by the Attorney General or de…

137-086-0040 Grant Program Application Process (1) Frequency. An Oregon Domestic and Sexual Violence Services Fund grant application packet shall be issued by the Department and grant awards shall be made at least once in each biennium, so long as sufficient funds are appropriate…

137-086-0050 Other Fund Activities ORS 147.468 authorizes the Department to pursue a range of activities in support of Fund goals, to the extent that funds are available. In formulating the allocation plan, the Advisory Council shall consider whether funds should be allocated to …

137-087-0000 Purpose and Implementation (1) ORS 180.700 gives the Attorney General authority, in consultation with an advisory committee, to adopt rules that establish standards for batterers' intervention programs (BIP). OAR 137-087-0000 through 137-087-0100 establish those BIP …

137-087-0005 Definitions For purposes of OAR 137-087-0000 through 137-087-0100, the following terms have the meanings set forth below. (1) "Batterer" means: (a) An adult male 18 years of age or older who engages in "battering" against women; or (b) A male minor criminally convict…

137-087-0010 Integration With Total Community Response to Domestic Violence (1) BIP in Wider Community Response. A BIP shall be part of a wider community response to battering and not a “stand alone” form of response. A BIP shall interface with VPs, the Council, the criminal just…

137-087-0015 Interface Standards — Victims and Current Partners (1) Victim/Current Partner Notification Policies: (a) A BIP shall have written policies and procedures that govern BIP contact with identified victims and current partners, and that adequately address the safety of v…

137-087-0020 Confidentiality of Victim and Partner Information (1) Confidentiality. All information about or from a victim or partner shall be confidential to the extent permitted by law. (2) Treatment of Information. Any information about a victim or partner, including victim or…

137-087-0025 Interface Standards — Victim Advocacy Programs (1) Liaison. A BIP shall designate a program staff member to serve as a liaison to at least one VP and to the Council in the BIP's service area. Through the liaison, the BIP shall: (a) Work collaboratively with VPs to he…

137-087-0030 Interface Standards — Criminal Justice System (1) Participation in Judicial or Corrections Response. A BIP's intervention services may be part of a judicial or corrections response to battering, either as a condition of probation, post-prison supervision or parole, t…

137-087-0035 Interface Standards — Other BIPs (1) Purpose. The purpose of sections (2)–(4) of this rule is to promote accountability and completion of BIP program requirements and to deter batterers from changing enrollment from one BIP to another BIP to avoid accountability. (2)…

137-087-0040 Interface Standards — Social Service Interfaces BIP Responsibilities. To the extent reasonably practicable, a BIP shall: (1) Establish a liaison with the DHS office in the BIP’s service area(s); (2) Participate in and seek to join the Council if a Council exists in t…

137-087-0045 Intervention Strategies (1) Appropriate Intervention Strategies. A BIP’s intervention strategies shall include, but are not limited to, the following: (a) Using a culturally specific curriculum whenever possible; (b) Increasing the participant’s understanding of the …

137-087-0050 Intervention Curriculum (1) Basic Intervention Curriculum Requirements. Challenging and confronting participant beliefs and behaviors shall be balanced by creating a safe and respectful environment for change. To accord with these standards, a curriculum for batterer…

137-087-0055 Culturally Informed Interventions (1) Familiarity with Cultural Demographics. A BIP shall maintain familiarity with the cultural demographics of its service area(s) to help the BIP: (a) Anticipate the various cultural backgrounds that may be represented by participan…

137-087-0060 Admission Policies and Procedures (1) Admission Criteria. A BIP shall have written criteria for accepting or refusing admission requests or referrals. An applicant or referral shall be referred to as a potential participant until the BIP admits the person to the BIP …

137-087-0065 BIP Program Format (1) Use of Session Format. A BIP shall ordinarily provide intervention sessions in a group or class format. Exceptions to this session or class format shall be rare and the reasons clearly documented and provided to the Council. (2) Gender-specific…

137-087-0070 Policies and Procedures as to Termination or Release (1) Policies and Procedures. A BIP may release a participant based upon program compliance, or terminate participation based on program non-compliance or for other reasons, as provided in sections (3)-(6) of this r…

137-087-0075 Post-Release Services (1) Service Eligibility. A BIP may provide post-release services to a participant only after his release for program compliance. (2) Cost of Services. Whenever possible, a BIP shall offer post-release services at little or no cost for former par…

137-087-0080 Personnel Standards (1) Personnel Policies. A BIP shall adopt the following written personnel policies and procedures applicable to program facilitators, managers or supervisors, administrative staff, volunteers and interns, board members and owners (collectively ref…

137-087-0085 Research Programs (1) Nothing in this section applies to a BIP's disclosure of its own aggregate or non-personally identifying data, or the conduct of its own quality assurance activities. (2) Research. A BIP may use and disclose participant information for research …

137-087-0090 Demonstration Projects (see definition in Section 1) (1) Demonstration Projects. BIPs shall continue to evolve and change as best practices are developed. These standards are not intended to discourage innovative demonstration projects as long as victim safety and pa…

137-087-0095 Program Review (1) Review of BIP Performance. An LSA and/or MA, in consultation with the Council, shall periodically review the performance of BIPs located within the jurisdiction of the LSA for compliance with these rules. LSAs are strongly encouraged to conduct reg…

137-087-0100 BIP Advisory Committee The Attorney General shall appoint an Advisory Committee composed of representatives from LSAs, BIPs and VPs, and of other members the Attorney General deems appropriate. At the request of the Attorney General and consistent with ORS 180.700, t…

137-090-0000 Purpose The purpose of these rules is to provide standards, policies and procedures for the operation of the Criminal Intelligence Unit (CIU) of the Organized Crime Section, and to ensure compliance with 28 CFR Part 23. Statutory/Other Authority: ORS 180 Statutes/Oth…

137-090-0010 Authority The Criminal Intelligence unit operates under the authority of ORS 180.610(2), (3), and (4). Statutory/Other Authority: ORS 180 Statutes/Other Implemented: ORS 180.610 (2), 180.610(3) & 180.610(4) History: JD 2-1989, f. & cert. ef. 9-13-89

137-090-0020 Abbreviations (1) CIU: Criminal Intelligence Unit. (2) CIUS: Criminal Intelligence Unit Supervisor. (3) CJD: Criminal Justice Division. (4) AIC: Attorney in Charge of the Organized Crime Section. (5) CIU/AAG: Assistant Attorney General assigned to the Criminal Intell…

137-090-0030 Criminal Intelligence Unit Mission The mission of the Criminal Intelligence Unit is to provide the Department of Justice and Oregon law enforcement agencies with a statewide criminal information base and analyses which meets their needs to protect the public and supp…

137-090-0040 Public Access (1) The Criminal Intelligence Unit will comply with the the Oregon Public Records law in responding to requests by members of the public for file information to the extent that the law allows and to the degree the materials requested are not classified …

137-090-0050 Definition of Reasonable Grounds As used in these rules, reasonable grounds means reasonable suspicion. Reasonable suspicion is suspicion that is reasonable under the totality of the circumstances. It is less than probable cause and more than mere suspicion. Statutor…

137-090-0060 Definition of Criminal Intelligence File A criminal intelligence file consists of stored information on the activities and associations of: (1) Individuals who: (a) Based upon reasonable suspicion are suspected of being or having been involved in the actual or attemp…

137-090-0070 File Content Only information meeting the CIU’s criteria for file input will be stored in the criminal intelligence files. No information will be collected or maintained about the political, religious, racial, or social views, sexual orientation, associations or acti…

137-090-0080 File Categories All information to be retained in the criminal intelligence files must meet the stated guidelines for file definition and content. Information will only be retained in one of three file categories as set forth below: (1) Working File: (a) The working …

137-090-0090 Information Input Information to be stored in the CIU’s criminal intelligence file must first undergo a review for relevancy and an evaluation for source reliability and information validity prior to filing: (1) Relevancy Review: Incoming information is reviewed by t…

137-090-0100 Information Classification (1) General: In order to protect sources, investigations and individual rights to privacy, information retained in the CIU’s criminal intelligence file is classified to indicate the degree to which it must be kept secure. Many documents rec…

137-090-0110 Information Contributions To the extent possible, all criminal intelligence maintained in CIU files must display the names and phone numbers of persons and agencies providing the information. When anonymity is requested by a contributor, a contributor code number may…

137-090-0120 Quality Control Information stored in the CIU’s criminal intelligence file will undergo a review by the CIUS, or a designee of the Chief Counsel, for compliance with the law and with the standards, policies, and procedures of this chapter before its entry into the fi…

137-090-0130 Dissemination Criminal intelligence information is disseminated only to personnel of criminal justice agencies and only on a “right to know” authority and “need to know” responsibility. (1) Definitions: (a) “Right to know”: Requester agency has official capacity and …

137-090-0140 Security Because security and protection of the materials in the criminal intelligence file is of utmost importance, the following procedures shall be observed: (1) Policy: All CIU employees shall be thoroughly familiar with access and dissemination policies of this …

137-090-0150 File Review and Inspection (1) Review Authority: All information in the criminal intelligence file is subject to review at any time by the Chief Counsel, Attorney-in-Charge of the Organized Crime Section, Chief Investigator, CIU/AAG, Deputy Attorney General and Attor…

137-090-0160 Purging All information in the Criminal Intelligence file is eventually removed and destroyed. Its removal and destruction is in accordance with the following purge and destruction criteria: (1) Purging Constraints: All file material selected for purging and destruct…

137-090-0170 Destruction Material purged from the criminal intelligence file shall be removed and destroyed under the supervision of the CIUS. Removal and destruction will be accomplished electronically consistent with statutes and rules relating to destruction of public records.…

137-090-0180 File Integrity Officer The CIUS will be CIU’s File Integrity Officer. In this capacity, the CIUS is responsible for the contents of all intelligence files in the CIU and for their compliance with these rules. Statutory/Other Authority: ORS 180 Statutes/Other Implemen…

137-090-0190 File Room Requirements (1) The CIUS shall adopt effective and technologically advanced computer software and hardware designs to prevent unauthorized access to information contained in the CIU criminal intelligence files. (2) The CIUS shall restrict access to CIU fac…

137-090-0200 File Index Number System (1) General Information: (a) The CIU’s criminal intelligence files are indexed according to a modified Dewey Decimal System. In the CIU’s system, file categories and sub-categories are separated by decimal points; (b) File categories are crea…