Oregon Administrative Code

291-047-0075 Investigation (1) The inmate may request that an investigation be conducted. 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 any previous way in the p…

291-047-0080 Documents/Reports (1) An inmate may present documents or reports 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 or Department of Human Services who are…

291-047-0085 Witnesses (1) 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. (2) Exce…

291-047-0090 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) Illness or unavailability of the inmate; (b) Gathering of additional evidence; or (c) Gathering …

291-047-0095 Findings (1) No Justification: The hearings officer may find that the evidence does not support placement in a state mental hospital listed in ORS 426.010 or a hospital or facility designated by the Department of Human Services, in which case the hearings officer wil…

291-047-0100 Hearing Record (1) Upon completion of a hearing, the hearings officer shall prepare and cause to be delivered to the Superintendent/designee of the Oregon State Hospital a hearing record within three days from the date of the hearing. (2) The record of the formal hea…

291-047-0105 Superintendent’s Review (1) The results of any hearing held to place an inmate in a state mental hospital for administrative commitment will be reviewed and approved by the Superintendent/designee of the Oregon State Hospital. (2) The Superintendent/designee of the O…

291-047-0110 Extension of Transfer (1) If the Department of Human Services determines that the administrative commitment must exceed 180 days in order to stabilize the inmate, the administrative commitment must be renewed in a subsequent administrative commitment hearing held in …

291-047-0115 Handling of Inmate Money and Personal Property (l) When an inmate is transferred to a state mental hospital, the Department of Corrections shall send a check for the balance of the inmate's account to the business office of the state mental hospital. (2) The inmate's…

291-047-0120 Visiting Privileges (l) When an inmate is transferred to a state mental hospital, the Department of Corrections facility shall provide a copy of the inmate's approved list of visitors. (2) All visitors shall be approved according to the state mental hospital’s proced…

291-047-0125 Short-Term Transitional Leaves, Emergency Leaves, and Supervised Trips When an inmate is administratively transferred to a state mental hospital, no short-term transitional leaves, emergency leaves, or supervised trips shall be approved by the state mental hospital w…

291-047-0130 Releases From a State Mental Hospital An inmate who is transferred to a state mental hospital may be discharged and transferred back to a Department of Corrections facility for one of the following reasons: (1) Completion of treatment; (2) He/she could receive mental…

291-047-0135 Reporting of Unusual Incidents Reporting of unusual incidents involving inmates administratively transferred to a state mental hospital shall be handled in accordance with the Department of Corrections policy on Unusual Incident Reporting Process. Statutory/Other Aut…

291-047-0140 Confidentiality/Sharing of Information (l) Department of Corrections records and other inmate information shall not be available to inmates or persons not employed by, nor under contract to, the Department of Human Services. (2) Department of Human Services records a…

291-048-0200 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 department policy…

291-048-0210 Definitions (1) Behavior Health Services (BHS): A Health Services unit with primary responsibility for the assessment and treatment of inmates with mental illness and developmental disabilities. (2) Behavioral Health Unit: An intensive behavioral management and skill…

291-048-0220 Selection and Training of Staff for Mental Health Special Housing (1) Selection Criteria: For positions that are solely assigned to mental health special housing: (a) Custody staff must have successfully completed trial service; (b) All staff requesting to work in me…

291-048-0230 Recommendation and Referral Process to a Mental Health Special Housing Unit (1) An inmate that, in the judgment of the department, meets one or more of the following conditions because of a mental illness should be considered for assignment to mental health special h…

291-048-0240 Mental Health Special Housing Assignment (1) An inmate will be assigned to a mental health special housing unit based on the least restrictive environment that satisfies the needed level of care. (2) Mental health special housing includes Mental Housing Infirmary, In…

291-048-0250 Voluntary Assignment to a Mental Health Infirmary (1) An inmate may be voluntarily placed in a Mental Health Infirmary when: (a) There is a referral from an institution mental health specialist, nurse, or outside mental health contractor; and (b) The mental health tr…

291-048-0260 Involuntary Assignment to a Mental Health Infirmary (1) Emergency: (a) An inmate may be involuntarily assigned to a Mental Health Infirmary for evaluation for a period not to exceed five working days by order of the BHS program manager, treating practitioner, or func…

291-048-0270 Assignment to Intermediate Care Housing (1) An inmate may be assigned to Intermediate Care Housing based on a referral from a mental health specialist. An inmate may be referred if: (a) It is determined at release from an MHI that the inmate requires additional stabi…

291-048-0280 Assignment to a Behavioral Health Unit (1) An inmate may be assigned to a Behavioral Health Unit if the inmate has committed violent acts or disruptive behavior and is diagnosed with a serious mental illness. An inmate may be referred if: (a) The inmate has committed…

291-048-0290 Involuntary Assignment to Mental Health Special Housing (1) Notice of Hearing: (a) The inmate shall be given written notice of the hearing by the hearings officer not less than 24 hours prior to the hearing. (b) The notice shall include a statement of the inmate's ri…

291-048-0300 Administrative Review (1) The Behavior Health Administrator or designee shall review the results of any hearing held to involuntarily place an inmate in mental health special housing. (2) The Behavior Health Administrator or designee shall review the Findings of Fact…

291-048-0310 Provision of Basic Services and Programs in Mental Health Special Housing (1) Mental health special housing shall be under the clinical supervision of the BHS program manager and the operational supervision of the MHSH custody manager. (2) An inmate in mental health …

291-048-0320 Release From Mental Health Special Housing (1) Upon inmate petition, an inmate assigned to mental health special housing on a voluntary basis will be reassigned to a less restrictive environment within five working days, unless the mental health treatment team determ…

291-048-0330 Administrative Hold Assignments (1) The functional unit manager(s) may temporarily assign an inmate to mental health special housing for other than mental health reasons on administrative hold status if he/she determines that the inmate's assignment is necessary or a…

291-052-0100 Authority, Purpose and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to: (a) Provide proc…

291-052-0110 Definitions (1) Adult in Custody (AIC): Any person under the supervision of DOC who is not on parole, post-prison supervision, or probation. (2) Adjudicated Youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 416C.005 for …

291-052-0120 Transfer to Oregon Youth Authority of Qualifying AICs and YICs (1) An AIC or YIC shall be considered qualified for transfer to a youth correction facility if the AIC or YIC meets the applicable criteria provided in ORS 137.124 and ORS 420.011. (2) DOC must notify OYA…

291-052-0130 AICs and YICs Delivered Directly to the Oregon Youth Authority (1) The same day an AIC or YIC arrives at a youth correction facility, OYA staff must forward copies of the AIC’s or YIC’s judgments, statements of imprisonment, detainers, county misconduct documents, fi…

291-052-0140 Return of an AIC or YIC to the Department of Corrections (1) To return an AIC or YIC to DOC, the OYA Director or designee shall contact the DOC Office of Population Management to request the transfer. The Office of Population Management shall arrange the AIC’s or YIC…

291-052-0150 Responsibilities (1) DOC will: (a) Retain legal custody of the AIC or YIC, regardless of the AIC’s or YIC’s physical location; (b) Designate a functional unit manager or designee of the Office of Population Management as the coordinator for case planning, classificat…

291-052-0160 Release Planning (1) Not more than 180 days and not less than 150 days before the AIC’s or YIC’s earliest release date, or at the request of DOC, OYA will send the AIC’s or YIC’s proposed transition worksheet to the DOC release counselor to assist in the development …

291-052-0170 Second Look (1) Not more than 120 days and not less than 60 days before the sentence is one-half served, OYA or DOC, whichever has physical custody of the AIC or YIC, shall file with the sentencing court a notice and request for the court to set a time and place for …

291-055-0005 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 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to: (a) Establish Departm…

291-055-0010 Definitions (1) Intensive Management: The status of a custody Level 5 inmate assigned to special security housing and programs in a designated intensive management unit or cell separate from general population housing units and cells in Department of Corrections faci…

291-055-0014 Selection of Intensive Management Unit Staff (1) Selection Criteria: (a) To qualify for a post that is solely assigned to an Intensive Management Unit, the employee: (A) Must have successfully completed trial service; (B) Must have achieved a satisfactory on a specia…

291-055-0019 IMU Assignments (1) Custody Level 5 inmates who have received a sentence other than a sentence of death, or who are pending retrial in a case in which a death sentence may be re-imposed, shall be assigned to an IMU or IMU status cell. Inmates who have received a sent…

291-055-0020 Programming Levels of Intensive Management Unit Inmates (1) Program Level Criteria: (a) The Assistant Superintendent of Correctional Rehabilitation or designee will establish criteria for the various program levels. (b) All inmates assigned to an Intensive Management…

291-055-0025 Situational Reviews Individual inmate assessments may be requested by the Assistant Superintendent of Correctional Rehabilitation or designee or the IMU Inmate Program Committee at any time. Inmates requesting mental health services may be referred to qualified Behav…

291-055-0031 Retention/Re-assignment from an IMU or IMU Status Cell (1) When considering an inmate for re-assignment from an IMU or IMU status cell to other appropriate housing, the IMU Inmate Program Committee will consider the inmate's adjustment within IMU, the nature and seve…

291-055-0040 Property (1) Any personal property, as defined in the Department of Corrections rule on Personal Property Control and Disposition (Inmate), OAR 291-117, not permitted in the cell of any Intensive Management Unit inmate will be properly protected in a designated prope…

291-055-0045 Services, Programs and Activities (1) Basic: The following basic programs and services will be provided to all inmates in IMU unless compelling security or safety reasons dictate otherwise. (a) Food: (A) Except when under special diet specifically prescribed by the m…

291-055-0050 Forfeiture/Deprivation of Service or Activity (1) An Intensive Management Unit inmate may be required to forfeit or be temporarily deprived of any service or activity when the inmate is using them to destroy or damage property, obstruct security, or threatens physica…

291-058-0010 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 137.592, 137.593, 137.595, 144.104, 144.106, 144.108, 144.600, 144.615, 179.040, 421.168, 421.510, 423.020, 4…

291-058-0020 Definitions (1) Administrative Sanctions: Sanctions and structured, intermediate sanctions, as those terms are used in ORS 137.592 to 137.599, 144.106 to 144.108, and 144.346 and in Criminal Justice Commission and Board of Parole and Post-Prison Supervision administr…

291-058-0030 Application to Adults on Supervision (1) These rules shall apply to all adults on supervision on probation for a felony committed on or after September 1, 1993, unless the court retained jurisdiction. (2) These rules shall apply to adults on supervision on probation …

291-058-0040 Identification and Presentation of Violation Behavior (1) Upon identifying violation behavior, the officer will prepare and present to the adult on supervision a copy of a Department of Corrections violation and structured sanction reporting form describing the alleg…