Oregon Administrative Code

291-038-0010 Definitions Victim: ORS 137.530 defines a victim as “the person or persons who have suffered financial, social, psychological or physical harm as a result of an offense, and includes, in the case of any homicide or abuse of corpse in any degree, an appropriate member…

291-038-0015 Procedures (1) When a person is convicted of a felony and the court requests a presentence report, the county community corrections office shall furnish a presentence report to the sentencing court. (2) If a presentence report has previously been prepared with respec…

291-038-0030 Presentence Report — Victim Contact When a presentence report is made, the preparer of the report shall: (1) Make a reasonable effort to contact the victim and obtain a statement describing the effect of the defendant's offense upon the victim. If contacting the vict…

291-038-0040 Post-Sentence Reports If the defendant is committed to the custody of the Department of Corrections without a presentence report, the Department shall prepare a report of similar content to the presentence report at the request of and for submission to the Board of P…

291-038-0050 Presentence Report Disclosure The presentence report is not a public record and shall be made available only to the court, district attorney, defendant or defendant’s counsel, community corrections staff in the county of supervision, and the Board of Parole and Post-…

291-039-0005 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 179.040, 423.020, 423.030, and 423.075. (2) Purpose: It is the purpose of this rule to establish uniform proce…

291-039-0010 Definitions (1) Correction Information Systems (CIS): A computer system that has information about inmates in prison and offenders on probation, parole and post-prison supervision. (2) Communications Manager: The employee who is designated by the Director of the Depa…

291-039-0015 Request for Release of Information (1) Any person, including the news media, may request information about Department programs, services, facilities, employees, volunteers, inmates, and offenders. (2) Each functional unit manager, in consultation with the Communicati…

291-039-0020 News Media Centers During Major Emergencies (1) News media centers have been established in the event a major disturbance or emergency situation occurs in a Department of Corrections facility. The news media centers are identified on Exhibit 1, “News Media Centers.” …

291-039-0025 News Media — Reporting of Unusual Incidents Instructions to Department employees regarding the reporting of unusual incidents are specified in the Department of Corrections policy on Unusual Incident Report Process (40.1.6.) Statutory/Other Authority: ORS 179.040, 19…

291-041-0005 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 179.040, 423.020, 423.030, and 423.075. (2) Purpose: To ensure safety and security of the Department of Correc…

291-041-0010 Definitions (1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status. (2) American National Standards Institute/Health Physics Society (ANSI/HPS): An accredited st…

291-041-0015 General Guidelines (1) All adults in custody, DOC and OCE employees, and non-employee service providers, housed, working or visiting in a Department of Corrections facility will be subject to search of their persons, cells or other living units, work areas, vehicles,…

291-041-0016 Religious Activity Areas and Religious Items In accordance with these rules and the rules on Religious Activities (OAR 291-143), searches of adult in custody religious activity areas and authorized religious or spiritual items (including hair and garments worn) shall…

291-041-0017 Adult in Custody Legal Storage Boxes (1) Storage boxes for adult in custody legal materials, whether provided by the department or purchased by the adult in custody, may be inspected by staff at any time for the presence of non-legal materials. (2) Any material found…

291-041-0018 Training The department shall train staff assigned to supervise adults in custody in how to conduct cross-gender searches, and searches of transgender and intersex adults in custody, in a professional and respectful manner, and in the least intrusive manner possible,…

291-041-0020 Adults in Custody (1) Search of adults in custody living units, work areas, other places they inhabit or frequent, and their property will be conducted regularly on an unannounced and unscheduled basis. (2) An inspection of each cell, room or dormitory area will occu…

291-041-0030 Employees, Volunteers, Contractors and Other Agency Liaison (1) When to Search: Except as provided in rule OAR 291‑041‑0015, a DOC employee, OCE employee or non-employee service provider may be requested to submit to personal search of their person, vehicle or other …

291-041-0035 Visitors (1) When to Search: A search of a visitor will generally occur only when the visitor consents and there is reasonable suspicion that the visitor is in possession of contraband, and that the search and confiscation is vitally necessary to substantiate the sus…

291-042-0005 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 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to establish methods and crite…

291-042-0010 Definitions (1) Adult in Custody (AIC): Any person under supervision of the Department of Corrections, who is not on parole, post-prison supervision, or probation status. (2) Assistant Inspector General: The department employee who oversees drug interdiction efforts …

291-042-0011 Training Requirements (1) The functional unit manager of sites that are collecting urine for urinalysis testing will appoint an SOA coordinator. The SOA coordinator will ensure that only those persons who have successfully completed training will collect urine sample…

291-042-0015 Urinalysis Testing (1) AICs shall furnish Department of Corrections staff with a urine sample when ordered to do so. If, after receiving an order to provide a urine sample, the AIC is unable to provide a urine sample, the AIC will be permitted an initial two hours to…

291-042-0025 Baseline Test Selection Protocol (1) Approximately 5% of the AIC population will be picked at random by the department's Research Unit each month for urinalysis testing. Random selection will be completed by a designated computer program. Functional unit managers wil…

291-042-0035 Testing Profile Requirements (1) A urine specimen may be obtained by department staff from any AIC, regardless of the AIC’s programming when: (a) The AIC has a history of substance abuse; (b) The AIC is going out on or returning from an authorized, unescorted leave; …

291-046-0005 Authority, Purpose and Policy (1) 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 provide a method to administratively ho…

291-046-0010 Definitions (1) Administrative Housing: Housing separate and apart from the general population, including facilities, rooms, or cells for inmates whose actions, or threats jeopardize the safety, security, and orderly operation of the facility, staff, visitors, or oth…

291-046-0014 Administrative Hold An inmate may be voluntarily or involuntarily assigned to administrative housing for a period not to exceed 30 days without a hearing. Any assignment exceeding 30 days must follow the procedures outlined under OAR 291-046-0020 (Voluntary Administr…

291-046-0020 Voluntary Administrative Housing (1) An inmate may be voluntarily placed in protective custody for a period in excess of 30 days without a hearing only when: (a) He/she consents in writing; (b) There is substantial evidence that protective custody is warranted and su…

291-046-0025 Involuntary Administrative Housing (1) An inmate may be involuntarily placed in administrative segregation or protective custody for a period not to exceed 30 days by order of the functional unit manager or designee only when he/she has sufficient evidence to believe…

291-046-0030 Hearings Process (1) Each inmate placed involuntarily in administrative housing will receive a hearing as described below if the involuntary placement request exceeds 30 days. The hearing shall occur within 30 days, if he/she is placed in administrative housing witho…

291-046-0035 Findings (1) No Justification: The hearings officer may find that the factual allegations do not support involuntary placement in administrative segregation or protective custody, in which case the hearings officer will recommend that the inmate remain in general pop…

291-046-0040 Inmate Rights (1) Hearing: An inmate shall be entitled to a hearing when an involuntary request for administrative housing has been filed against him/her. (2) Waiver of Hearing: (a) An inmate may waive the right to a hearing. Waiver of the right must be in writing or…

291-046-0045 Representation (1) In all cases, the inmate is entitled to: (a) Speak in his/her own behalf; (b) Be present at all evidentiary stages of the hearing process, except when the hearings officer finds that to have the charged inmate present would present an immediate thr…

291-046-0050 Investigation (1) The inmate may request that an investigation be conducted. (2) If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in the case or who was a…

291-046-0055 Testimony of Witnesses The hearings officer shall direct the scheduling and taking of testimony of witnesses at the hearing. Witnesses may include inmates, employees, or other persons. Testimony may be taken in person, by telephone, or by written report or statement.…

291-046-0060 Documents/Physical Evidence (1) The inmate may present documents and physical evidence during the hearing, subject to the exclusion and restrictions provided in these rules. (2) The reporting employee or other agents of the Department of Corrections who are knowledge…

291-046-0065 Postponement (1) A hearing may be postponed by the hearings officer for good cause and for reasonable periods of time. (2) Good cause includes, but is not limited to: (a) Preparation of defense; (b) Illness or unavailability of the inmate charged; (c) Gathering of ad…

291-046-0070 Hearing Record (1) A verbatim recording of the hearing shall be made. Upon completion of the hearing, the hearings officer shall prepare a written hearing record of the decision and the supporting reasons within seven days for transmittal to the Institutions Administ…

291-046-0075 Institutions Administrator’s Review (1) The results of any hearing held to involuntarily place an inmate in administrative housing will be reviewed and approved by the Institutions Administrator or his/her designee. (2) The Institutions Administrator or designee shal…

291-046-0080 Provision of Basic Services and Program (1) Basic services and programs may be denied, or the manner in which they are provided may differ from the manner in which programs or services are provided to those in the general population, if their provision in a routine m…

291-046-0085 Administrative Housing Release (1) Voluntary Assignment: Inmates who voluntarily requested to be assigned to administrative housing will be reassigned to the general population upon request, but only after staff have had adequate time to determine proper placement an…

291-046-0090 Situational Reviews (1) Inmates assigned to administrative housing shall remain so assigned for only the shortest length of time necessary to achieve the purpose for which the assignment was prescribed. A review of all inmates' status will be made every 30 days by th…

291-046-0100 Administrative Review (1) Petitions for administrative review of involuntary administrative segregation or protective custody must be filed by the inmate with the Assistant Director of Operations within 30 calendar days after the recommendation is signed by the Insti…

291-047-0005 Authority, Purpose and Policy (l) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 179.473, 179.478, 179.479, 179.495, 179.505, 423.020, 423.030, 423.075 and 2005 Or Laws, Ch 439. (2) P…

291-047-0010 Definitions (l) 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, probat…

291-047-0021 Administrative Transfers (Mentally Ill Inmates) (l) The Administrator of the Department of Corrections Counseling and Treatment Services Unit/designee may request the Superintendent/designee of a state mental hospital listed in ORS 426.010 to accept a transfer of a m…

291-047-0061 Hearings Process (1) The Department of Human Services shall provide for an administrative commitment hearing conducted by a hearings officer employed or under contract with the Department of Corrections for administrative commitment or extension of the transfer of th…

291-047-0065 Representation (1) In all cases, the inmate is entitled to: (a) Speak in his or her own behalf; (b) Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility s…

291-047-0070 Notice of Hearing (1) The inmate shall be given written notice that an administrative commitment to a state mental hospital listed in ORS 426.010, a hospital or facility designated by the Department of Human Services, or an extension of the transfer is being consider…