Oregon Administrative Code

291-022-0115 Definitions (1) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily incapacitate an individual. (2) Deadly Physical Force: Physical force that under the circumstances in which it…

291-022-0125 Applicability of the Rule (1) All employees who supervise or work around offenders shall be thoroughly familiar with the departmental procedures of this rule for guidance and direction in use of force incidents. (2) If there is any question about specific equipment, …

291-022-0130 General Provisions — Use of Force (1) Physical force may be employed when it is reasonable given the situation and the facts known to the officer at the time. The degree and type of force used shall be objectively reasonable based on the totality of the circumstances…

291-022-0150 Deadly Use of Force (1) Officers should consider other reasonable means of control before resorting to the use of deadly force as time and circumstances safely permit. (2) Deadly force may be used upon the reasonable belief that an officer’s life or safety, or the li…

291-022-0160 Security Equipment (1) Security Equipment: (a) All security equipment requires the approval of the Director or designee before being issued and used as department authorized security equipment. (b) Security equipment shall not be issued to or used by an employee who …

291-022-0161 Electronic Control Device Deployment (1) The electronic control device may be deployed: (a) To control a dangerous or violent threat when deadly force does not appear to be justified; (b) To control a threat when control is needed for the protection of the officer an…

291-022-0162 Treatment of Affected Persons (1) Immediately after deploying the electronic control device on a threat, the officer shall observe the threat for symptoms of an abnormal reaction or secondary injuries that may have occurred during the incident. Observation shall cont…

291-022-0170 Firearms (1) Prior to resorting to the use of firearms against any threat, time and circumstances permitting, an officer shall first issue an appropriate verbal warning. (2) Any officer involved in the discharge of a firearm in a situation on duty shall immediately r…

291-022-0180 Blood Borne Pathogens When a person has been exposed to a blood or body fluid resulting from the use of force, standard universal precautions shall be implemented. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.…

291-022-0190 Injury, Death, or Hostage (1) Whenever an officer's use of force results in the serious injury or death of another, he/she shall be placed on administrative leave until an investigation of the matter by the Inspector General and/or State Police can be concluded. (2) …

291-022-0200 Notifications (1) Any time an officer unholsters and/or points his/her firearm or electronic control device at another, the local state director will be notified according to procedure. The local state director will notify the Assistant Director of Community Correcti…

291-022-0210 Reviews (1) General: (a) Whenever staff employs force in response to an incident, a preliminary review of the use of force incident shall be conducted in accordance with the procedures established in these rules. (b) A full review of a use of force incident shall be …

291-024-0005 Authority, Purpose, and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.463, 137.473, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to establis…

291-024-0010 Definitions (1) Basic Visiting: The opportunity for an inmate and approved visitor to see and talk with each other, on a scheduled basis for a reasonable period of time, with no physical contact. (2) Execution Camera Monitoring System: Non-recording camera installed …

291-024-0015 Reception, Orientation, and Housing When an inmate is received at an Oregon Department of Corrections institution with a sentence of death, the inmate will be immediately classified as maximum custody. The inmate will be housed in a maximum custody cell or unit at a …

291-024-0016 Receipt of Death Warrant (1) Notifications: (a) The Superintendent will personally notify the Director that the execution will commence at 12:01 a.m. or as soon thereafter as possible on the date specified in the warrant ordering execution. Such notification will be …

291-024-0020 Programming: From Date of Receipt of Death Warrant Until Four Days Prior to the Scheduled Execution Date (1) Media Contact: Interviews by media representatives with the condemned inmate will be permitted only with the consent of the inmate, and with the prior approva…

291-024-0060 Final Twenty-Four Hours to Execution (1) An up-to-date log will be maintained on all execution related events which occur during the final 24 hours. (2) The Assistant Director for Programs or his/her designee will work with the Assistant Superintendent, Program Servi…

291-024-0066 Forty Minutes Prior to Execution The Assistant Superintendent of General Services and/or other assigned personnel will escort the witnesses and all other approved visitors from the designated staging area to the processing station where they will enter the witness ar…

291-024-0071 Thirty Minutes Prior to Execution (1) There will be no visits after the inmate has been moved to the execution room. (2) Witnesses will be taken to the execution witness viewing room at a time coordinated with the Assistant Superintendent Security or his/her designee…

291-024-0080 Execution Procedure (1) The Assistant Superintendent of Security or his/her designee shall make a final inspection of all straps, and with the assistance of medically trained staff, make final inspection of the intravenous catheters, and the injection equipment. When…

291-024-0085 Stay of Execution If, during any stage of the execution prior to infusion of the lethal injection, the Superintendent is notified that a stay of execution has been ordered, execution procedures shall be halted and the witnesses shall be removed. Statutory/Other Autho…

291-024-0090 Post-Execution Procedure (1) The medical examiner or representative will process the death certificate and provide it to the Superintendent as soon as reasonably possible following the execution. (2) The Superintendent or his/her designee will make arrangements with …

291-027-0010 Authority, Purpose and Policy (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 guideline…

291-027-0020 Definitions (1) Cause of Death: As defined in ORS 146.003(3), the primary or basic disease process or injury ending life. (2) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Correcti…

291-027-0030 Assessment and Security (1) The first security employee at the scene of a suspected inmate death who is not involved in any rescue or first aid efforts will secure the scene, ascertain the identities of all those present and disperse all unauthorized individuals. (a)…

291-027-0040 Removal of the Deceased (1) The deceased and the death scene will be left undisturbed unless authorized under OAR 291-027-0030 (4). (2) When the medical examiner and the State Police have released the body, the functional unit manager or designee will make arrangemen…

291-027-0050 Notifications (1) The officer-in-charge or designee will make the necessary notifications in accordance with this rule, the emergency preparedness plan, and the Department of Corrections policy on Unusual Incidents Reporting Process (40.1.6). (2) The Department Commu…

291-027-0055 Duties of the Facility Contact Person (1) The facility contact person will coordinate contact with the inmate’s emergency contact person after the State Police have authorized notification. The staff person notifying the inmate’s emergency contact person may be the c…

291-027-0065 Disposition of Remains (1) The inmate’s emergency contact person will be given the option of arranging for the final disposition of the inmate’s remains. All cost for those arrangements are the responsibility of the emergency contact person or family member that wish…

291-027-0070 Property and Fund Disposition (1) The officer-in-charge will assure that an inventory is completed of the inmate's personal property and that it is secured for the State Police, if applicable. (2) After the inmate’s property has been released by the State Police, the…

291-027-0080 Death Outside the Facility (1) Prior to Inmate Death: When imminent death can be predicted, Health Services staff will work with the officer-of-the-day to ensure that all appropriate notifications are completed in advance, including the medical examiner. (2) Outside …

291-027-0090 Death Investigations and Handling Cause and Manner of Death Determinations (1) Investigations: The Department of Corrections will cooperate with any death investigation conducted under ORS 146.100 concerning any inmate death. (2) Handling Cause and Manner of Death De…

291-027-0100 Unexpected Death Review (1) In the event of any inmate death, Health Services will determine whether the death is expected or unexpected in a manner consistent with national standards and inform the Inspector General of that determination. (a) When the death is expec…

291-028-0100 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.404 to 144.409, 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to est…

291-028-0105 Definitions (1) Adult on Supervision: A person who is on probation, parole, post-prison supervision, any other form of temporary or transitional leave from custody, or any form of conditional release. (2) Consent: Obtaining permission from a person to allow a search …

291-028-0110 General Guidelines (1) Searches in accordance with these rules may be conducted in the reasonable pursuit of correctional objectives or for the purposes of officer safety, protection of the public, or reformation of the adult on supervision. (2) An adult on supervisi…

291-028-0115 Handling of Seized or Found Property (1) The handling, seizure, and disposition of property shall be done in accordance with ORS 144.404 to 144.409. (2) At the time of an arrest and subsequent incarceration in the county jail or other holding facility, an adult on su…

291-031-0005 Authority, Purpose, and Policy (1) Authority: The authority for these Division 31 rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, and 423.530. (2) Purpose: The pur…

291-031-0009 Definitions (1) Adults on Supervision: Any person under the supervision of local community corrections who is on probation, parole, post-prison supervision, or any other form of supervision or temporary or transitional leave from custody. (2) Caseload: Each county’s …

291-031-0015 Community Corrections Plan Development (1) Each county governing body must appoint a local public safety coordinating council in accordance with ORS 423.560. This council will be responsible for developing and recommending to the county board of commissioners a commu…

291-031-0020 Community Corrections Plan Submission Process (1) The community corrections plan shall be submitted to the Director of the Department of Corrections or designee no later than 90 days following sine die of the regularly held legislative session of each odd numbered ye…

291-031-0025 Financial Records Department of Corrections funds: (1) The department shall prepare and distribute written instructions regarding budget, allotment, and fiscal reporting requirements to each county. Each county shall adhere to the department’s budget, allocation, and…

291-031-0026 Grant-in-Aid (1) Community Corrections funds will be allocated based on a formula that considers workload, county population, and the cost per day of managing adults on supervision. The formula will be weighted 100 percent workload and 0 percent county population. (2…

291-031-0051 Funding for Sexually Violent Dangerous Offenders (1) The department may reimburse counties for the intensive supervision of sexually violent dangerous offenders in accordance with this rule. (2) The reimbursement rate to a county shall be determined by calculating th…

291-031-0070 Evaluation (1) The Department of Corrections shall establish and operate a statewide information system. In order to ensure uniform information, the Department of Corrections shall establish minimum data entry standards for the statewide information system. Counties …

291-031-0085 County Option to Cease Participation in the Community Corrections Act (1) The Community Corrections Act gives each county the option to transfer responsibility for community corrections to the Department of Corrections if the Legislature fails to fund community corre…

291-031-0095 Responsibility for Community Corrections (1) The Department of Corrections will assume responsibility for community-based supervision, sanctions, and services for adults on supervision convicted of felonies or designated drug-related or designated person misdemeanors…

291-031-0100 Funding (1) Department of Corrections funds allocated to provide correctional services by the county will be retained by the state. (2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period of less than 24 months, th…

291-031-0110 Biennial Community Corrections Plan (1) The Department of Corrections shall develop a community corrections plan for each county with a state-operated community corrections office. (2) The department will meet with the local public safety coordinating council to revi…