Oregon Administrative Code

291-200-0060 PAC Membership Standards, Number, Selection and Terms (1) Prison advisory committee member eligibility, numbers, selection and terms of service shall be determined by each committee and established in the committee’s bylaws in accordance with these rules. (2) Member …

291-200-0070 Specific Responsibilities (1) The Department of Corrections, acting through the facility superintendent or designated Department of Corrections representative, shall: (a) Establish a communication process by which the prison advisory committee is informed of decision…

291-201-0100 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 179.040, 423.020, 423.030, 423.075 and Article I, Section 41 of the Oregon Constitution. (2) Purpose: The pur…

291-201-0110 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) Adult in Custody Individual Incarceration/Transition Plan (II/TP): A process through which…

291-201-0120 Assignment Provisions (1) Once program needs, health status, and approved AIC program assignment eligibility are determined, eligible AICs will be placed in approved programming by designated staff, as space and supervision capacities allow. Assignments shall be made…

291-201-0130 Attendance Reporting (1) Staff who supervise AICs are responsible for enforcing attendance and documenting program participation for all AICs assigned to their supervision. (2) Each AIC supervisor will have access to print or will be given an AIC attendance roster da…

291-201-0140 Assignment Changes In accordance with the Department’s rules on Performance Recognition and Award System (OAR 291-077), designated staff may remove an AIC from an approved program assignment for reasons including, but not limited to, unsatisfactory performance, misco…

291-202-0010 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 144.637, 144.641, 144.642, 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is…

291-202-0020 Definitions (1) Adult in Custody (AIC): For purposes of these rules, any person aged 18 years or older, incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms …

291-202-0040 Residence Requirements for Certain Sex Offenders Upon Release (1) For purposes of this rule, a sex offender is defined as a person classified as a sexually violent dangerous offender (ORS 137.765) or a level three sex offender (ORS 163A.105). (2) A sex offender may n…

291-202-0100 Offenders Eligible for the Sexually Violent Dangerous Offender Designation (1) “Sexually violent dangerous offender” is a person who is being released from custody after serving a sentence of incarceration as a result of conviction for an offense listed in subparagra…

291-202-0110 Sexually Violent Dangerous Offender Designation (1) The Board of Parole and Post-Prison Supervision may designate an AIC or offender as a sexually violent dangerous offender only if the AIC or offender: (a) Participated in or refused to participate in a psychological…

291-202-0120 Sexually Violent Dangerous Offender Evidentiary Hearing (1) The purposes of the evidentiary hearing are to: (a) Determine whether the AIC or offender meets the criteria of a sexually violent dangerous offender as defined in OAR 291-202-0100(1)(a) and (b) and; (b) Det…

291-202-0130 Sexually Violent Dangerous Offender Community Supervision The community corrections agency supervising an AIC or offender found to be a sexually violent dangerous offender shall subject the AIC or offender to intensive supervision as defined in OAR 255-005-0005(26). …

291-203-0010 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, 179.640, 179.770, 423,020, 423.030, and 423.075. (2) Purpose: An adult in custody and the personal es…

291-203-0020 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) Assets: The total value of an adult in custody’s (subject to the provisions of ORS 179.64…

291-203-0030 Requirements for Obtaining Financial Information (1) The department may require the adult in custody and/or the adult in custody’s representative to submit financial information on forms provided by the department. (2) The department may obtain financial information …

291-203-0040 Ability to Pay Order (1) An adult in custody and the personal estate of an adult in custody, or a decedent’s estate, is liable for the full cost of care as established in ORS 179.701. The Department may collect charges in advance for adults in custody. (2) The Depart…

291-203-0050 Determination of Charges (1) The amount determined by the Department to be the adult in custody’s charges shall not exceed the full cost of care for the dates covered by the Ability to Pay Order, less payments and/or credits from any other sources the Department has …

291-203-0060 Modification of Charges A modification of charges sets forth, in a new Ability to Pay Order, a change to the adult in custody’s charges established by a prior Ability to Pay Order. When issuing a modification to charges, the department will consider the same factors …

291-203-0070 Notice of Ability to Pay The department shall provide actual notice to the adult in custody and any authorized representative, where known, of the adult in custody’s ability to pay. (1) The notice shall include the adult in custody’s full liability, a description of …

291-203-0080 Waiver of Collection Action The department may issue a waiver to the collection of all or part of an adult in custody’s unpaid charges based upon the best interest of the adult in custody or the department. Charges may be reassessed at a later time by a new Ability t…

291-203-0090 Hearing/Appeal Rights, Effect of Final Order (1) If an adult in custody or the adult in custody’s authorized representative disagrees with any Ability-to-Pay Order issued by the department, the adult in custody or the adult in custody’s authorized representative may …

291-203-0100 Enforcement of Lien If an adult in custody refuses to pay for the cost of care, the unpaid amount plus interest shall be a lien in favor of the State of Oregon. The lien shall be upon the title to and interest in the real and personal property of the personal estate.…

291-204-0010 Authority, Purpose, and Policy (1) The authority for these rules is granted to the Director of the Oregon Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: This purpose of these rules is to establish Department poli…

291-204-0020 Definitions Definitions for OAR 291-204-0010–291-204-0080: (1) Accredited Media Organization: (a) A newspaper that qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of “general circulation” if it circulates amo…

291-204-0030 General Provisions Governing Media Access (1) Media Access to Facilities and Programs: Consistent with the Department’s policy, media representatives are encouraged to visit and tour facilities and programs for the purpose of professional enhancement, observation and…

291-204-0040 Writing, Telephoning and Visiting an Inmate (1) Media representatives may contact an inmate by mail. All mail must comply with the Department’s rules on Mail (Inmate) (OAR 291-131). (2) Inmates may request that media representatives be placed on their personal call l…

291-204-0050 Requesting Access to Facilities and Programs (1) The Department will accommodate requests by media representatives for access to Department facilities and programs if the access is consistent with the Department’s policies and procedures set forth in these rules. The…

291-204-0060 Media Access to Designated Inmates (1) Interviews with designated Department inmates requested by the media may be approved by the functional unit manager, with the inmate’s consent, if in the judgment of the functional unit manager the interview is consistent with t…

291-204-0070 Tools of the Trade (1) Media representatives granted access to a DOC facility generally will be permitted to use “tools of the trade” with the exception of privileged and basic visiting. However, the Department may limit the number and type of tools of the trade that…

291-204-0080 Access by Unaffiliated Persons (1) Unaffiliated persons may request a tour of a facility in accordance with the Department’s rules on Tours (OAR 291-009). (2) Requests to interview designated inmates made by unaffiliated persons will not be permitted. Unaffiliated pe…

291-205-0010 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, 423.075 and 423.615. (2) Purpose: The purpose of this rule is to further the Depar…

291-205-0020 Definitions (1) Communications: All communications by a crime victim, survivor or inmate, or by a program facilitator, Victim Services Advisory Committee member, Facilitated Dialogue Program staff, or Responsibility Letter Bank Program staff that are made in the cour…

291-205-0030 Victim Services Advisory Committee (1) The Victim Services Advisory Committee will operate under the direction of the department’s designee. (2) The Victim Services Advisory Committee will advise and assist the department’s designee with the recruitment, training, su…

291-205-0050 General Components of the Facilitated Dialogue Program (1) Participation in a facilitated dialogue case is voluntary for the crime victim or survivor and the inmate. (2) A facilitated dialogue process can only be initiated by a crime victim or survivor. (a) Inmate re…

291-205-0060 Crime Victim or Survivor and their Support Persons Participation in a Facilitated Dialogue (1) A crime victim or survivor who wishes to participate in the Facilitated Dialogue Program must: (a) Act in “good faith” during the facilitated dialogue, this means that part…

291-205-0070 Inmate and their Support Persons Participation in a Facilitated Dialogue (1) An inmate who wishes to participate in a facilitated dialogue must: (a) Consent to a psychiatric/mental health assessment for the purpose of evaluating their suitability to participate in a …

291-205-0080 Facilitated Dialogue Program Facilitator Participation (1) Facilitator Qualification, Selection, Assignment, Supervision, and Termination: (a) The functional unit manager and designee maintain sole discretion over the qualifications, selection, assignment, and termin…

291-205-0090 Facilitated Dialogue Intake Assessment (1) Intake evaluation: Upon receiving a crime victim’s or survivor’s request to participate in the Facilitated Dialogue Program, the program will evaluate the request and determine whether the Facilitated Dialogue Program is app…

291-205-0100 Facilitated Dialogue Meeting (1) A facilitated dialogue may include one or more facilitated dialogue meetings. A facilitated dialogue meeting offers the crime victim or survivor and the inmate the opportunity to discuss the crime and its impacts. (2) When the Facilit…

291-205-0110 Facilitated Dialogue Post-Meeting Process (1) After the facilitated dialogue meeting, a facilitator will contact the crime victim or survivor and the inmate to discuss the meeting and evaluate the process. The contact should take place within 72 hours after the facil…

291-205-0120 Confidentiality of Facilitated Dialog Communications, Exceptions (1) The words and phrases used in this rule have the same meaning as given to them in ORS 423.605. (2) Except as provided in section (3) of this rule, Facilitated Dialogue Program communications are con…

291-205-0200 General Components of the Responsibility Letter Bank Program (1) Participation in the Responsibility Letter Bank Program is voluntary for the crime victim or survivor, and for the inmate. (2) Inmates who wish to participate must submit a request to the Responsibility…

291-205-0210 Participation of Inmate in Responsibility Letter Bank Program (1) An inmate who wishes to participate in the Responsibility Letter Bank Program must do so by submitting an inmate communication form or other written request to the Victim Services Program or by request…

291-205-0220 Participation of a Crime Victim or Survivor in the Responsibility Letter Bank Program (1) A crime victim or survivor may inquire with the Victim Services Programs Unit if there is a letter written to them by the inmate. (2) Crime victims or survivors may register for…

291-205-0230 Confidentiality of Responsibility Letter Bank Program Communications, Exceptions (1) The words and phrases used in this rule have the same meaning as given to them in ORS 423.605 (2) Except as provided in section (3) of this rule, responsibility letter bank program c…

291-206-0005 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, 423.075, 423.478, 423.483, 423.525, and 423.530. (2) Purpose: The purpose of these …

291-206-0010 Definitions (1) Active Probation Supervision: Supervision requiring the supervising officer's regular contact and monitoring to assure continued compliance with the general and special conditions of probation supervision. (2) Compensatory Fines: A court-imposed penal…

291-206-0015 Period of Active Probation Supervision (1) Except as provided in subsections (2), (3), and (4) of this rule, all persons convicted of a felony committed on or after November 1, 1989 and sentenced to probation under the rules of the Oregon Criminal Justice Commission …