Oregon Administrative Code

291-062-0165 Nonprison Leave Violations (1) For alternative incarceration program participants who violate their conditions of nonprison leave, administrative sanctions or interventions, including revocation of nonprison leave, may be imposed in accordance with the department’s r…

291-062-0170 Release onto Post-Prison Supervision (1) For AICs serving a sentence for a crime committed prior to January 1, 2009, upon successfully conforming to directed activities while on nonprison leave, the AIC shall be released to post-prison supervision. (2) For AICs servi…

291-063-0100 Short-Term Transitional Leave - 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, 421.168, 423.020, 423.030, and 423.075 (2) Purpose: To provide unifor…

291-063-0110 Definitions for OAR 291-063-0100 to 291-063-0160 (1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individual…

291-063-0120 Procedures (1) Sentencing Restrictions on Eligibility: (a) Persons incarcerated for parole revocation sanctions shall not be eligible for short-term transitional leave. (b) Persons incarcerated for post-prison supervision revocation sanctions shall not be eligible fo…

291-063-0130 Duration of Short-Term Transitional Leave (1) An AIC who is sentenced on or after January 1, 2018, may be eligible for a period of short-term transitional leave of up to 120 days. (2) An AIC who is sentenced on or after August 1, 2013, and prior to January 1, 2018, m…

291-063-0140 Approval of Short-Term Transitional Leave (1) Short-term transitional leave may be granted for an AIC releasing from any Department of Corrections facility or county facility with proper approval of the releasing authority. (2) Transitional Leave Release Plan: (a) De…

291-063-0150 Conditions of Supervision for Short-Term Transitional Leave (1) If short-term transitional leave is approved, the releasing authority or designee will impose the conditions that are necessary to enhance community safety as referenced in ORS 144.102. Short-term transi…

291-063-0160 Violations of Short-Term Transitional Leave (1) Sanctions may be imposed at the local level in accordance with OAR 291-058-0046 if: (a) The supervising officer determines that the violation can appropriately be addressed; and (b) The AIC admits the violation and acce…

291-063-1000 Emergency Leave and Supervised Trips - 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, 421.166, 423.020, 423.030, and 423.075 (2) Purpose: To provide…

291-063-1010 Definitions for OAR 291-063-1000 to 291-063-1040 (1) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections. (2) Emergency Leave: A leave of ten days duration or less within the …

291-063-1020 Emergency Leave (1) Emergency leave may be granted by any Department of Corrections facility with proper approval of the functional unit manager or designee. The same eligibility requirements that apply to short-term transitional leave in OAR 291-063-0120 also apply …

291-063-1030 Supervised Trips (1) Supervised trips may be granted from any Department of Corrections facility with proper approval of the functional unit manager or designee. (2) Application: (a) An inmate may apply for a supervised trip by directing an appropriate supervised tri…

291-063-1040 Warrants Issuing Warrants: (1) Supervising officers will notify the functional unit manager or designee regarding an inmate’s unauthorized departure whenever an inmate makes him/herself unavailable for supervision. (2) The functional unit manager or designee will ens…

291-064-0010 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, 423.075 and 430.021. (2) Purpose: The purpose of this rule is to establish Departmen…

291-064-0020 Definitions (1) Department: Oregon Department of Corrections. (2) Emergency: An immediate and serious danger to life or health. (3) Facility: Any facility operated by the Department of Corrections in which inmates in the physical custody of the department reside. (4)…

291-064-0030 General Policy on Obtaining Informed Consent for Administration of Psychotropic Medications Capacity of the Inmate to Give Informed Consent. (1) Inmates from whom informed consent to treatment with psychotropic medications is being sought shall be presumed competent …

291-064-0040 Procedures for Obtaining Informed Consent and Information to be Provided (1) An inmate, or the guardian of a legally incapacitated inmate, from whom informed consent to administration of psychotropic medications is sought, shall be given information orally and in wri…

291-064-0050 Consent Options — Exceptions to Informed Consent (1) Inmates deemed able to consent pursuant to OAR 291-064-0030 may: (a) Consent to voluntary administration; (b) Withhold consent for up to 48 hours for the purpose of obtaining additional information; (c) Refuse cons…

291-064-0060 Emergency Administration of Psychotropic Medications without Informed Consent (1) An emergency that is sufficient to allow the administration of psychotropic medications without informed consent exists, if in the opinion of the treating practitioner, an inmate has a …

291-064-0070 Good Cause for Involuntary Administration of Psychotropic Medications to Inmates Good cause exists for recommending involuntary administration of psychotropic medications if, in the opinion of the treating practitioner: (1) The inmate is suffering from a mental disor…

291-064-0080 Review of Treating Practitioner’s Determination of Good Cause by an Independent Examining Physician (1) Prior to the involuntary administration of psychotropic medications for good cause, the treating practitioner shall refer his or her recommendation for review to a…

291-064-0090 Notice of Hearing Required Inmates subject to the involuntary administration process shall be given written notice at least 24 hours in advance of the hearing by the independent examining physician. The notice shall include: (1) The date and time of the hearing; (2) …

291-064-0100 Inmate Rights (1) Inmate rights during the hearing process include: (a) The right, upon request, to discontinue emergency medications administered pursuant to OAR 291-064-0060 for 24 hours preceding the hearing and until the hearing adjourns; (b) The right to be pres…

291-064-0110 Scope of Review (1) The independent examining physician shall: (a) Review the inmate’s treatment record, including the records of efforts made to obtain informed consent; (b) Discuss the matter with the inmate and witnesses; (c) Review the evidence presented by the D…

291-064-0120 Determination of Independent Examining Physician (1) In each hearing the independent examining physician shall determine: (a) Whether the treatment record contains a sound medical diagnosis supported by sufficient clinical documentation; (b) The capacity of the inmat…

291-064-0130 Appeal of the Independent Examining Physicians Determination (1) The inmate may appeal the determination of the independent examining physician in writing to the facility chief medical officer within 24 hours after the determination has been communicated to the inmat…

291-064-0140 Periodic Review (1) When psychotropic medications are involuntarily administered pursuant to this rule, the treating practitioner shall: (a) Submit a progress report to the facility chief medical officer every 30 days; and (b) Place a copy of the progress report in t…

291-065-0005 Authority and Purpose (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 137.610, 137.630, 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of this rule is to specify the duties…

291-065-0006 Definitions (1) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county. (2) Offender: Any p…

291-065-0007 Duties and Assignments (1) Among the duties of the Department of Corrections parole and probation officers articulated by statute are: (a) To make investigation in relation to granting, revoking or modifying parole, post-prison supervision, transitional leave, local …

291-066-0100 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 421.168, 421.500 to 421.512, 423.020, 423.030, and 423.075 (2) Purpose: To provide uniform proce…

291-066-0110 Definitions (1) Adult in custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. For the purposes of these rules, AIC includes individuals who are in DOC’s legal custody but …

291-066-0120 Revocation Hearing Requirement (1) When the releasing authority has determined that an AIC has violated a condition of short-term transitional leave or non-prison leave, and that revocation of leave is an appropriate response under the Department’s rules for Structur…

291-066-0130 Method of hearings (1) The Department of Corrections Hearings Unit or its designated representative shall conduct the revocation hearing. (2) The Hearings Officer may conduct hearings by teleconference, video conference, or in person. (3) The revocation hearing shall…

291-066-0140 Rights at Hearings (1) The AIC shall be provided written notice of the revocation hearing at least three (3) business days prior to the hearing. (2) The hearing notice shall include: (a) A Notice of Rights/Decisions about Rights; (b) A written statement of alleged vi…

291-066-0150 Waiver of Revocation Hearing (1) In all cases, the AIC may waive their right to a revocation hearing by checking the appropriate box and signing the Notice of Rights/Decisions about Rights form. (2) A refusal to participate in the hearings process, including a refusa…

291-066-0160 Rejection of Waiver If the Releasing Authority or designee is not satisfied that the AIC knowingly and intelligently waived his or her right to a revocation hearing or revocation hearing rights, or if additional information is needed before making its decision, it ma…

291-066-0170 Revocation Hearings Process (1) A violation of a condition of leave that warrants a revocation of leave may only be found upon proof by a preponderance of the evidence. (2) Unless the Hearings Officer finds good cause on the record, the supervising officer shall pres…

291-066-0180 Representation/Ability to Pay Attorney Fees (1) In a revocation hearing, the Hearings Officer may authorize the appointment of an attorney to assist an AIC in their defense if the Department determines that it is legally required to do so. (2) In determining whether …

291-066-0190 Witnesses (1) The AIC may present witnesses who have relevant information and may submit relevant documentary evidence at the hearing. (2) The AIC shall make their own arrangements for calling and presenting witnesses. (3) Witness statements may be taken in person, b…

291-066-0200 Evidence (1) The Hearings Officer may receive the following as evidence at a revocation hearing: (a) Oral testimony under oath; (b) Affidavits or other sworn statements; (c) Letters; (d) Documents; (e) Reports made in the course of official duty or professional pract…

291-066-0210 Postponement (1) The Hearings Officer may postpone a revocation hearing for good cause and for a reasonable period of time. (2) The criteria for “good cause” includes, but is not limited to: (a) The preparation of defense; (b) Illness or unavailability of the AIC on …

291-066-0220 Hearings Officer Findings (1) At the conclusion of a revocation hearing, the Hearings Officer shall decide whether: (a) The evidence submitted did not support the allegations of the specified condition(s) of leave violated; or, (b) The evidence submitted does support…

291-066-0230 Reopening Revocation Hearings (1) After the completion of a revocation hearing, the Hearings Officer may reopen a hearing if substantial new information is discovered which was not known or could not be anticipated at the time of the hearing and which would significa…

291-066-0240 Revocation Hearings Record (1) The revocation hearings record shall include: (a) A Hearings Report Summary; (b) A written statement of alleged violations; (c) Supporting materials, including documentary evidence admitted; (d) A signed Notice of Rights/Decisions about…

291-066-0250 Administrative Review of the Hearings Officer’s Findings (1) The AIC may request an administrative review of the Hearings Officer’s findings by submitting a request in writing to the Releasing Authority or designee within ten calendar days of the completion date on t…

291-066-0260 Releasing Authority Final Order (1) When a case comes before the Releasing Authority for decision, the Releasing Authority shall consider the Hearings Officer’s findings, the revocation hearings packet, mitigating factors, and administrative review of the Hearings Of…

291-066-0270 Continuance on Short-Term Transitional or Nonprison Leave (1) The Releasing Authority may continue an AIC on short-term transitional or nonprison leave and order modification of sanction time to be served. (2) The Releasing Authority may continue an AIC on short-term…

291-069-0200 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 these rules is to establish department poli…