Oregon Administrative Code

291-160-0320 Specialty Procurements by Contract Type (1) Renegotiations of Existing Contracts with Incumbent Contractors. DOC may renegotiate and amend an existing Contract with an incumbent Contractor within the term of the Contract, when market conditions have changed and it is…

291-160-0330 Alternative Procurement Methods (1) DOC may use an alternative procurement method if DOC determines that method will be more likely to: (a) Achieve the specific business objective or business objectives of the procurement; or (b) Aid the Director of DOC in fulfilling…

291-160-0340 Brand Name or Equivalent Specifications (1) Brand Name: DOC may specify a brand name or equal specification when, in DOC’s sole determination, the use of a brand name or equal specification is Advantageous to DOC because a brand name or equivalent describes the stand…

291-160-0350 Independent Contractor Status for Services Contracts (1) DOC will contract for services with Persons who are Independent Contractors. (2) DOC will develop a statement of work for services that will not result in an employee relationship with the potential Contractor.…

291-160-0360 Contract Administration; General Provisions (1) Contract Administrator. DOC may appoint, in Writing, a Contract administrator as an DOC representative for each Contract. The Contract administrator may delegate in Writing a portion of the Contract administrator’s resp…

291-160-0370 Amendments to Contracts (1) Generally. DOC may amend a Contract without additional competition in any of the following circumstances: (a) The amendment is within the scope of: (A) The Solicitation Document or other document inviting participation in procurements, if …

291-160-0380 Termination of Price Agreements DOC may terminate a Price Agreement as follows: (1) As permitted by the Price Agreement; (2) If DOC fails to receive funding, appropriations, limitations, allotments or other expenditure authority, including the continuation of program…

291-163-0010 Authority and Purpose (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040(1)(d), 179.460, 421.305(1), 421.310(1), 421.440, 423.020, 423.030, and 423.075(5)(d). (2) Purpose: The Depart…

291-163-0020 Definitions (1) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director or administrator and has responsibility for delivery of services or coordination of operations. (2) Industries: Departme…

291-163-0030 Authority and Approval of Purchases and Sales for Programs (1) Functional unit managers or their designees have authority to effect and must approve the purchase of property and services, sale of inmate products and inmate services, and the sale of surplus property i…

291-163-0040 Purchases (1) Solicitation: The Inmate Work Programs Administrator or the Fiscal Services Administrator, as appropriate, or their designees must obtain no fewer than three quotes from vendors, contractors, manufacturers, owners or suppliers of the subject purchase or…

291-163-0050 Sales (1) Offer: The Inmate Work Programs Administrator or functional unit manager, as appropriate, or their designees may offer for sale or exchange personal property, equipment, inventory, or inmate services or inmate products. Offer for sale or exchange may take p…

291-163-0060 Surplus Property (1) Property is only “surplus property” when designated in writing as such by the Inmate Work Programs Administrator or Fiscal Services Administrator, or their designees who will also make written findings that such property is no longer useable by o…

291-163-0070 Prison Industries Board Approval Under Article I, Section 41 of the Oregon Constitution, “agreements with private enterprise as to state prison work programs must be approved by the Prison Industries Board.” All such agreements obtained, negotiated, and executed unde…

291-163-0080 Agreements With Private Enterprise The Department will make efforts to establish contractual relationships with private entities to create, establish, and expand its inmate work programs. Any contractual relationship between the Department and a private entity to joi…

291-163-0090 Application of Federal Law Notwithstanding any provisions in these rules, the applicable federal laws, rules, and regulations shall govern if federal funds are used in the transaction and such laws, rules, or regulations conflict with these rules. Statutory/Other Aut…

291-167-0005 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of Department of Corrections in accordance with ORS 169.070, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: To provide coordinated state services to local govern…

291-167-0010 Definitions (1) Detainee: A person held with no criminal charges. (2) Juvenile Detention Facility: A facility as described in ORS 419A.050 and 419A.052 and which includes local correctional facilities and lockups where juveniles are detained. (3) Local Confinement Fa…

291-167-0015 Procedures The state jail inspector shall provide technical assistance, inspection of facilities, review renovation and new construction plans for all confinement facilities within the state and take appropriate action to insure the compliance with standards establis…

291-171-0005 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 establish department p…

291-171-0010 Definitions (1) Administrative Directive: A term used to describe in general a Department of Corrections rule or policy signed by the Director or Deputy Director. (2) Communication: A process by which information is exchanged between individuals, usually through verb…

291-171-0015 Offender-Staff Communications (General Principles) (1) Proper and effective communication between offenders and staff is an essential component of community supervision. (a) Offenders and staff communicate with each other not only with their choice of words (oral or …

291-171-0020 Grievance Review System (1) General Requirements: (a) If an offender is unable to resolve an issue through informal communications, the department encourages the offender to seek resolution of the issue by submitting a written grievance using the Offender Grievance f…

291-171-0025 Filing a Grievance (1) Offender grievances must be submitted to the Community Corrections Division grievance coordinator on the Offender Grievance form (CD117 CC). Instructions for filing a grievance are found on the Offender Grievance Instruction form (CD117a CC). (…

291-171-0030 Processing Offender Grievances (1) Upon receiving an offender grievance, the grievance coordinator will assign the grievance a number, date stamp, and record its receipt in an offender grievance log. (a) After the offender grievance has been logged, the grievance coo…

291-171-0035 Grievance Appeals (1) Appeals of the Initial Grievance (First Appeal Process): (a) An offender may appeal the initial grievance response using the Grievance Appeal form (CD 117c CC). The appeal must be submitted to the grievance coordinator together with the original…

291-171-0040 Sexual Misconduct Grievances (1) For purposes of this rule, sexual misconduct is defined as an employee, contractor, or volunteer of the Department of Corrections engaging in sexual intercourse or deviate sexual intercourse with another person or penetrates the vagin…

291-171-0045 Abuse of Grievance Review System (1) An offender shall submit no more than two initial offender grievances in any one week or six in any calendar month. This will not apply to grievances regarding allegations of sexual misconduct. A week is defined as Sunday through …

291-171-0050 Retention and Filing of Offender Grievances (1) The grievance coordinator will retain a file copy of grievances with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records. (2) Offender grievances wil…

291-172-0100 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, 421.142, 423.020, 423.030, and 423.075. (2) Purpose: To expand opportunities for adults in custody to …

291-172-0110 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. (2) Approved vendor: A vendor approved by a Department of Corrections participating facility …

291-172-0120 General (1) A participating facility shall be approved by the Assistant Director of Operations and the Chief Financial Officer (CFO). (2) The FUM or designee of each DOC facility offering a LEAP program to AICs shall establish a facility LEAP procedure and LEAP progr…

291-172-0130 Program Availability, Program Eligibility, Participation Standards, Program Dismissal, and Reapplication (1) Program Availability. At the discretion of each facility, an AIC at a participating facility who wishes to participate in a LEAP program shall apply for admis…

291-172-0140 Procurement and Management of Materials (1) AIC LEAP participants are responsible for all costs associated with operating their business, including the purchase of raw materials, supplies, and tools. (2) All raw materials, supplies, and tools must be preauthorized an…

291-172-0150 Security of Tools, Equipment, and Workspace (1) AIC LEAP participant control of tools and equipment, including hazardous materials, shall be in accordance with the LEAP participation agreement. The AIC LEAP participant shall be responsible for producing written autho…

291-172-0160 Personnel Supervision (1) LEAP program staff shall retain a copy of each LEAP participation agreement. (2) Designated staff may make unannounced inspections and monitor the physical area of the program, as well as the program activities. Periodic review and inspectio…

291-172-0170 Product Assurance and Disposition (1) Product Assurance (a) AIC LEAP participants are responsible for maintaining appropriate documentation that establishes finished goods are, in fact, products of legitimately acquired materials. (b) The AIC LEAP participant is resp…

291-172-0180 Product Sales and E-Commerce Portal (1) Pricing and Transactions (a) All sales must be in full compliance with local, state, and federal laws, and therefore goods may not be sold outside of Oregon. (b) An AIC LEAP participant may conduct sales in the community pursua…

291-180-0106 Authority, Purpose, Policy, and Applicability (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.600, 179.040, 423.020, 423.030, and 423.075. (2) Purpose: Together with ORS 144.600, thes…

291-180-0107 Definitions Adult on Supervision: Any person under the supervision of the Department of Corrections or a county community corrections agency who is on probation, parole, post-prison supervision, leave, or any other form of supervision. Statutory/Other Authority: ORS …

291-180-0252 Standards for Interstate Transfer of Supervision The Department of Corrections adopts by this reference standards for the interstate transfer of supervision set out in the official Interstate Compact for Adult Offender Supervision (ICAOS) rules, published by the Inte…

291-180-0262 Travel Permits (1) Adults on supervision shall not relocate to another state except as provided by the Interstate Compact for Adult Offender Supervision (ICAOS) rules. Travel permits may be issued for up to 30 days, with a subsequent extension of 15 days in emergency…

291-180-0265 Fugitives From Justice Transfer investigations shall not be requested or accepted for adults on supervision with outstanding warrants who are non-residents of the receiving state. Fugitive status is inconsistent with a proper “valid plan of supervision” and complianc…

291-180-0274 Application Fee for Interstate Compact Transfers (1) Payment of Nonrefundable Application Fee: (a) Adults on supervision who request transfer of their supervision to another state under the compact are required to submit a nonrefundable application fee of $50.00 to t…

291-180-0275 Retaken Adults on Supervision (1) An adult on supervision who was previously retaken and returned to this state from another state at cost to the State of Oregon, whether by formal or informal means, shall not be approved by the Department of Corrections for an inter…

291-200-0010 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 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to establish Department of…

291-200-0020 Definitions (1) Affected Communities: Those cities and counties in which a Department of Corrections facility is sited or exists, or which due to their proximity to a Department of Corrections facility commit extensive resources to the ongoing operation of the facili…

291-200-0030 General (1) The Department of Corrections, in cooperation with affected communities, may establish prison advisory committees for each Department of Corrections facility. (2) The Department of Corrections may establish a single prison advisory committee for more than…

291-200-0040 Function and Purposes (1) When established, prison advisory committees shall: (a) Serve as a citizen advisory group to the facility superintendents and designated Department of Corrections representatives regarding correctional issues, activities and practices affect…

291-200-0050 PAC Bylaws (1) Prison advisory committees shall adopt and operate in accordance with the model bylaws developed by the Department of Corrections to govern committee activities. A copy of the department’s model bylaws for prison advisory committees is attached hereto …