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Oregon Bulletin

January 1, 2011

 

Department of Corrections
Chapter 291

Rule Caption: Volunteers and Student Interns for the Department of Corrections.

Adm. Order No.: DOC 15-2010

Filed with Sec. of State: 11-19-2010

Certified to be Effective: 11-19-10

Notice Publication Date: 7-1-2010

Rules Amended: 291-015-0100, 291-015-0105, 291-015-0110, 291-015-0115, 291-015-0120, 291-015-0125, 291-015-0135

Rules Repealed: 291-015-0130, 291-015-0140, 291-015-0145, 291-015-0150, 291-015-0100(T), 291-015-0105(T), 291-015-0110(T), 291-015-0115(T), 291-015-0120(T), 291-015-0125(T), 291-015-0135(T)

Subject: These rule modifications are necessary to update the organizational and structural changes within the department’s volunteer program, and place the procedural detail in a department policy. The operational procedures are better placed in department policy rather than administrative rule because they direct the internal management of the program.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-015-0100

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, 423.020, 423.030, and 423.075

(2) Purpose: The purpose of this rule is to establish policy that will help the department fulfill its volunteer goals:

(a) To foster a respected and recognized volunteer community of appropriate size and quality that is capable of serving the rehabilitative, religious/spiritual, and other correctional needs of inmates from incarceration to reentry back to the community; and

(b) Provide support to staff in furtherance of the mission of the department.

(3) Policy:

(a) It is the policy of the Department of Corrections to utilize volunteers and student interns with appropriate training, guidance, and supervision as a means to enhance programs and further the mission of the department.

(b) Volunteers serve at the pleasure of the department and are not considered employees.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

291-015-0105

Definitions

(1) Affiliation: An organization; such as a school, college, university, agency, faith group, spiritual group, 12-step program, non-profit corporation or foundation, or similar type organizations, that has defined structure and recognition as a legitimate organization in the community.

(2) Department Supervisor: A Department of Corrections employee who is responsible for the activities and programs provided by volunteers.

(3) Endorser: An official of the volunteer’s affiliation who has the authority to certify that the volunteer is endorsed by that group to provide services for inmates. If the volunteer is the endorser for his/her affiliation, another official of the affiliation must provide the endorsement.

(4) Functional Unit: Any organizational component within the department responsible for the delivery of services or coordination of programs.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an Assistant Director, or administrator and has responsibility for the delivery of services or coordination of program operations.

(6) LEDS: Law Enforcement Data System.

(7) Local State Director: A person with the Department of Corrections who reports to the Chief of Community Corrections and has responsibility for managing a state community corrections office with a particular county.

(8) Programs: Activities such as religious services, education classes, self-help meetings, treatment programs, and clubs (if any) that are established solely at the discretion of the department to meet its needs and those of the inmates.

(9) Program Manager: A Religious Services management employee assigned to oversee, manage, and conduct the volunteer program of the department.

(10) Student Intern/Practicum: An approved student in a college or university who, as part of an academic program, donates time and effort to enhance the mission, activities and programs of the department and to further his/her professional development. Student interns may be stipend or non-stipend. For purposes of these rules, wherever the term “volunteer” is used, it shall also apply to student interns.

(11) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities and programs of the department.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

291-015-0110

Program Supervision

(1) Religious Services is responsible for the establishment, development and management of the overall structure and operation of the volunteer program for volunteers working inside department facilities or assisting with transition from prison to the community.

(2) The local state director or designee will designate a volunteer coordinator to oversee volunteers and student interns for Community Corrections.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

291-015-0115

Recruitment

(1) Prospective volunteers who best meet program needs will be recruited from all ethnic, cultural, gender and economic segments of the community.

(2) Recruitment will be based on the needs of inmates, offenders, functional units, and the availability of staff to supervise volunteers.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

291-015-0120

Selection

(1) A prospective volunteer must complete an application and undergo a background check. The department holds the ultimate authority to approve or deny a volunteer application. A volunteer must be:

(a) A USA citizen, legal resident, or in the country on a valid visa.

(b) At least 18 years old, unless there will be no interaction between the volunteer and inmates.

(2) Security Clearance: The purpose of clearance is to ensure not only the safety and security of department facilities, but also to ensure that volunteers are appropriate role models for inmates and offenders. To become a volunteer, an individual must clear the following criteria:

(a) LEDS: To clear LEDS, the volunteer must have:

(A) No outstanding warrants or pending criminal charges.

(B) No misdemeanor convictions in the past two years. No felony convictions or incarcerations in the past five years, or two years for certain volunteer programs. The functional unit manager may on a case-by-case basis approve an individual with no felony convictions or incarcerations in the past three years.

(C) No convictions for introduction or supplying contraband as defined in ORS 162.185; or possession, control or delivery of an explosive device or substance; or assisting an inmate to escape or unlawful departure from a correctional facility, including attempt or conspiracy of any of the above.

(D) Current (less than a year old) LEDS clearance is required for all volunteers.

(b) Driving record: The volunteer may not have been convicted of Driving Under the Influence of Intoxicants (DUII) in the past two years or Driving While Suspended (DWS) in the last year. The number and type of other driving offenses or convictions may be considered in determining if the volunteer is a good role model for inmates and offenders.

(c) Persons with Prior Criminal Convictions: Prospective volunteers with prior felony or misdemeanor convictions who meet the above listed criteria may be approved when the following additional criteria have been met:

(A) May be under supervision, but must have no parole or probation violations in the past two years, or one year for certain volunteer programs, and approval of his/her parole officer.

(B) A prospective volunteer with a prior criminal conviction who performs services inside a correctional facility must have the approval of the facility functional unit manager at each facility where the service will be provided.

(d) Additional requirements may be established by department policy.

(3) Prospective volunteers must disclose on their volunteer application any connection to department inmates such as friends, neighbors, co-defendant, and relatives. If the prospective volunteer is a crime victim, he/she must disclose the name of the inmate or offender who committed the crime.

(4) A prospective volunteer must complete a volunteer/intern application. Failure to provide all requested information or sign all forms included in the application will result in volunteer status being denied.

(5) Employees, ex-employees not terminated for cause, retired employees, other agency staff, and contractors may serve as volunteers with the concurrence of the facility functional unit manager where the volunteer is to provide services. The employee’s volunteer activities must be substantially different from the employee’s job responsibilities. The differentiation must be noted in the position description.

(6) A prospective volunteer recommended to the department from an endorser will be interviewed by the department supervisor. A prospective volunteer who does not have an affiliation or endorser may be granted volunteer status with the approval of the program manager or designee.

(7) A student intern shall be recommended to the department by the appropriate official of the school, training program, mentorship, apprenticeship, college, or university where the intern is enrolled.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

291-015-0125

Training and Orientation

(1) Approved volunteer training is required for all volunteers.

(2) Functional unit orientation will be provided by the department supervisor or designee to whom the carded-volunteer has been assigned.

(3) Facility orientation will be provided for those volunteering inside a correctional facility.

(4) In-service training and other training may be offered periodically.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

291-015-0135

Utilization

(1) Volunteers shall not be placed in positions of authority over department employees or contractors.

(2) Volunteers shall not perform professional services requiring certification or licensing unless the volunteer program manager or designee verifies the validity of the license.

(3) Volunteers shall be treated with the same respect as staff and recognized as having unique roles that differ from, but are complimentary to staff roles.

(4) Volunteers shall follow department rules and policies.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 7-2004, f. & cert. ef. 8-9-04; DOC 8-2010(Temp), f. & cert. ef. 7-14-10 thru 1-10-11; DOC 15-2010, f. & cert. ef. 11-19-10

 

Rule Caption: Health Services for Inmates in State Prisons.

Adm. Order No.: DOC 16-2010

Filed with Sec. of State: 11-19-2010

Certified to be Effective: 11-19-10

Notice Publication Date: 3-1-2010

Rules Adopted: 291-124-0016, 291-124-0017, 291-124-0090

Rules Amended: 291-124-0005, 291-124-0010, 291-124-0020, 291-124-0030, 291-124-0035, 291-124-0041, 291-124-0055, 291-124-0060, 291-124-0065, 291-124-0070, 291-124-0075, 291-124-0080, 291-124-0085

Rules Repealed: 291-124-0015, 291-124-0025, 291-124-0095

Subject: Modification and adoption of these rules is necessary to update and clarify policies and procedures for the administration and delivery of healthcare services to inmates, that includes medical, dental, mental health, and pharmacy services. These revisions are necessary to ensure the rules align with current operations and organizational structure of the department.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-124-0005

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:

(a) Specify the level of healthcare services to be provided to inmates under the custody of the Department of Corrections; and

(b) Establish department policies and procedures for reimbursement to those hospitals and community based healthcare professionals providing inpatient and outpatient services to inmates.

(3) Policy: It is the policy of the Department of Corrections to:

(a) Provide essential and important healthcare services that support the health status of inmates during incarceration, including end of life care.

(b) Deliver constitutionally mandated healthcare using an efficient managed care system in support of the mission of the department.

(c) Ensure there is an organized system in place to provide inmates with access to care to meet their serious medical, dental, and mental health needs.

(d) Conduct procedures in a clinically appropriate manner using appropriately credentialed personnel in an appropriate setting consistent with the standards for similar care provided in the community.

(e) Death with Dignity Act: It is the policy of the department not to participate in or allow other health care providers to participate on its premises in the Death with Dignity Act (ORS 127.800 to 127.897). Consistent with this policy, inmates will not be permitted to access end of life counseling or drugs under the DWDA, However, the department will continue to offer inmates medically appropriate end of life care, including counseling, hospice and palliative care, through Health Services.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; CD 6-1996(Temp), f. 6-28-96, cert. ef. 7-1-96; CD 19-1996, f. 11-20-96, cert. ef. 12-1-96; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0010

Definitions

(1) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(2) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections; any person employed under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department-sanctioned special assignment to provide services or support to department programs within any Department of Corrections facility.

(3) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, an Assistant Director or an administrator and has responsibility for the delivery of services or coordination of programs.

(5) Healthcare Provider: Any professional who is licensed or certified to provide health care services, including physicians and hospitals (and the various entities/forms in which they do business), and public, quasi-public and private organizations and entities that contract with direct service providers to furnish health care services, such as insurance companies and managed care organizations.

(6) Inmate: Any person under the supervision of Department of Corrections who is not on parole, probation, or post-prison supervision status.

(8) Treating Practitioner: Any Health Services employee who by licensure is authorized to prescribe treatment, including but not limited to, physicians, dentists, nurse practitioners, optometrists and physician assistants.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-1998, f. & cert. ef. 7-1-98; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0016

Delivery of Inmate Healthcare

(1) The Health Services administrator is responsible for directing inmate healthcare services in the Department of Corrections. These activities include:

(a) Developing standards for the organization, coordination and delivery of inmate healthcare;

(b) Ensuring the organization and delivery of inmate healthcare meets established standards; and

(c) Ensuring the operation of all areas of inmate healthcare, including medical, dental, mental health care and pharmacy services, comply with appropriate professional standards, statutory requirements, and administrative rules and policies of the department.

(2) The Health Services clinical director is responsible for professional oversight of clinical healthcare providers. The clinical director has authority for all decisions requiring medical judgment and directly affecting outcomes of clinical practice. The clinical director shall appoint a chief medical officer to provide oversight for professional clinical services to inmates for each DOC institution.

(3) The Pharmacy and Stores administrator is responsible for the overall organization and delivery of Pharmacy services.

(4) The Behavioral Health Services administrator is responsible for the overall organization and delivery of mental health services to inmates. The chief psychiatrist shall have clinical oversight of the professional services of behavioral health practitioners.

(5) The administrator for Clinical Operations is responsible for the overall organization and delivery of institutional clinical care.

(6) The administrator for Business Operations is responsible for the overall organization and coordination of business functions, including fiscal management and organizational development.

(7) The Dental Program director, a licensed dentist, is responsible for the overall organization, delivery, and professional oversight of dental services.

(8) Health Services administration shall appoint a Medical Services manager to organize and coordinate delivery of healthcare services to inmates for each DOC institution.

(9) Inmates are prohibited from performing any healthcare duties reserved for licensed or certified health professionals. Inmates may be assigned to assist other inmates with activities of daily living as are commonly done in the community by family or friends.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0017

Professional Credentials

(1) Treating practitioners who provide medical, dental, mental healthcare or pharmacy services to inmates shall be appropriately licensed to practice in their respective professions. Specialists providing healthcare, mental healthcare or dental services shall be board certified in the specialty field or recognized as specialists in the medical community.

(2) All other employees of Health Services requiring licensure, registration or certification shall be licensed, registered, or certified to practice as stipulated by the regulatory agency of their respective discipline.

(3) Employees providing health services shall practice within the scope defined by statute and administrative rule of the respective regulatory professional licensing or certification board.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0020

Facilities and Equipment for Provision of Health Care

(1) Space, Equipment and Supplies:

(a) Sufficient space, equipment, and supplies will be available to provide the level of healthcare designated at each state operated correctional facility.

(b) Health Services administrators are responsible for evaluation of the adequacy of space allocated, review of major equipment purchases, and the system for distribution of healthcare services and supplies within their individual scope of authority.

(2) Level of Service at Each Facility:

(a) The assigned Medical Service managers is responsible for coordinating inmate access to healthcare services either at the site, in the community, or at another correctional facility.

(b) Healthcare services at correctional facilities shall at a minimum include instruction and supervision of self care, ambulatory care, emergency care, and referrals for specialty services.

(c) Inpatient infirmary beds, on site dental clinics, optometry clinics and mental health treatment are not available at each correctional facility. Inmates needing these services may be transferred to the most appropriate correctional facility to receive the needed service.

(d) Inmates with complex medical conditions who cannot be referred to providers in the immediate community may be transported to a correctional facility in another geographic area to receive medically necessary care and treatment.

(e) At correctional facilities with patients occupying inpatient infirmary beds, healthcare staff shall be on duty 24 hours per day with a physician on call 24 hours per day. At correctional facilities without 24 hour on duty coverage, a registered nurse and a treating practitioner shall be designated and on call to provide 24 hours per day coverage.

(f) Health Services staff will be make provisions for hospital access and specialty care as necessary for the healthcare of the inmate.

(g) Each health services program shall have a written plan and maintain readiness to provide basic emergency healthcare services to anyone in emergency situations. This plan shall be in accordance with the emergency response plan for the facility.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0030

Health Evaluation and Screening

(1) During the admission process each inmate shall receive a baseline medical, dental, and mental health evaluation.

(a) The medical evaluation shall consist of a physical examination and medical history including a review of available information and verification of any medication, care or treatment requirements. The evaluation should occur within seven days of admission.

(b) The dental baseline evaluation shall be completed within one month of admission to include review of the dental history, examination of the oral cavity, and diagnostic X-rays, if necessary. If there is documented evidence of an examination of the inmate’s dental condition within the previous six months, a dental exam is not required unless determined to be clinically necessary by the treating dentist. If treatment is recommended based upon the baseline dental examination, a treatment plan shall be written and the recommendations reviewed with the inmate.

(c) The mental health evaluation will include a screening for the presence of mental illness and suicide history. Inmates who have a history of mental illness and suicide attempts or who report current suicidal ideations will be referred for further evaluation by a mental health treatment provider. Inmates with mental illness will be housed in a facility with services appropriate for their treatment needs.

(d) A clinical record will be initiated at the time of initial admission into the Department of Corrections.

(e) If the inmate has a documented baseline evaluation from the department within the previous 90 days, the prior evaluation and health record is reviewed and updated as clinically necessary.

(f) Inmates will be informed of relevant recommendations based on the baseline health evaluations and will be provided with self care instruction.

(2) Health Screening at Transfer:

(a) A brief health screening shall be completed on all inmates received on intra-department transfers by healthcare staff at the receiving facility. This shall include review of medical, dental and mental health records information transferred with the inmate and verification of any care or treatment requirements prearranged by the sending facility Medical Services manager.

(b) This information will be used to determine disposition of the inmate.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0035

Emergency Services

(1) Health Services employees will be trained to respond to health emergency situations involving inmates, employees, visitors, and others on the facility’s premises or worksites.

(2) Health Services will work with the Department Emergency Response Command Structure in declared emergencies.

(3) Each facility Medical Services manager shall assure that healthcare employees are trained and prepared to provide emergency medical assistance.

(4) Emergency medical care exceeding the scope or capacity of the facility or staff will be supplemented by emergency medical response agencies in the community.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0041

Healthcare and Treatment

(1) Health care and treatment is authorized and provided according to priorities established by the clinical director and is subject to peer review.

(a) Level 1:

(A) Medically mandatory is care and treatment that is essential to life and health, without which rapid deterioration may be an expected outcome and where medical/surgical intervention makes a very significant difference.

(B) Level 1 care and treatment shall be routinely provided to all inmates by the department. Any DOC licensed health professional may authorize care and treatment of Level 1 conditions.

(b) Level 2:

(A) Presently medically necessary is care and treatment without which an inmate could not be maintained without significant risk of either further serious deterioration of the condition or significant reduction in the chance of possible repair after release or without significant pain or discomfort.

(B) Level 2 care and treatment may be provided to inmates subject to periodic utilization review by the chief medical officer. Any treating practitioner may authorize care and treatment of Level 2 conditions.

(c) Level 3:

(A) Medically acceptable but not medically necessary is care and treatment for non-fatal conditions where intervention may improve the quality of life for the inmate.

(B) Level 3 care and treatment may or may not be authorized based upon review of each case. Only the clinical director and as delegated, the chief medical officer, may authorize or deny care and treatment of Level 3 conditions.

(d) Level 4: Of limited medical value is care and treatment which may be valuable to a certain individual but is significantly less likely to be cost effective or to produce substantial long term improvement. Level 4 care and treatment will not be routinely provided to inmates by the department.

(2) Infirmary care shall be made available to provide limited medical, dental, and nursing services.

(a) Infirmary services may include, but are not limited to, isolation, observation, first aid, postoperative care, short or long term nursing care, treatment of minor illnesses, sheltered living, convalescence, and end of life care.

(b) Infirmary care shall not be used as an alternative to hospital level acute care. Only appropriately licensed health service employees shall admit and discharge inmates from medical infirmary care.

(3) Therapeutic diets may be ordered by a treating practitioner for an inmate with a medical condition requiring nutritional adjustment that is not obtainable from the regular food services menu. Diets to achieve weight loss are the responsibility of the individual inmate.

(4) Health Services will screen inmates for work limitations at the assignment supervisor’s request. Ongoing daily review of inmate workers for symptoms of illness that would interfere with the work assignment is the responsibility of the on site work supervisor.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 1987 OL, Ch. 486

Hist.: CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0055

Health Education

(1) Each facility health services program shall provide inmate health education, including information on self care.

(2) Inmates with chronic diseases will be provided with information designed to increase their ability to monitor and manage their health status.

(3) Material provided by community health education groups, public health departments, or developed by other correctional facilities may be used with appropriate citation.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0060

Transfer, Travel, or Release Arrange­ments

(1) Transfers Between Oregon Department of Corrections Facilities:

(a) Information about an inmate’s health status shall be provided to Office of Population Management to consider for institution assignments and continuity of care of inmates.

(b) Health Services staff shall provide instructions to the Transport Unit regarding any inmate that requires medication or medical care during transport or any other special precautions that are recommended during transport.

(c) The inmate’s healthcare record shall be transferred in a confidential manner to the health services program responsible for health care at the receiving facility simultaneously with the inmate.

(2) Coordination of medical and mental healthcare for release:

(a) Prior to release, the facility Medical Services manager or Behavioral Health Services manager shall identify inmates with severe medical or severe mental health conditions that will require ongoing treatment in the community.

(b) Designated staff may assist with referrals to agencies, programs or practitioners in the community to facilitate continuity of care and on going treatment of inmates with severe medical or mental health conditions.

(c) The department is not responsible for medical evaluations or diagnostic workups that are required for admission to treatment facilities in the community.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: OL 433, ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0065

Communicable Disease Control

(1) The department shall have a communicable disease screening program.

(2) Management of communicable diseases shall be in accordance with Oregon Health Division recommendations and department administrative rules and policies.

(3) Standard precautions shall be made known and available to correctional employees working in department facilities to prevent transmission of communicable diseases. Health service employees shall provide specific instructions if additional precautions are necessary for a particular inmate.

(4) Communicable disease control precautions as required by OR-OSHA or recommended by the Oregon Health Division shall be followed.

(5) Information about communicable disease prevention shall be provided to inmates as part of health education.

(6) Immunization and preventative treatment shall be made available to inmates as medically indicated.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0070

Management of Pharmaceuticals

(1) Pharmacy services shall be provided under the professional direction of registered pharmacists.

(2) A central pharmacy(ies) shall be established in accordance with the Oregon Board of Pharmacy regulation for the appropriate and secure purchase, packaging, labeling and distribution of medications needed for inmate healthcare.

(3) Medications shall be made available for the treatment of inmate patients;

(a) Upon prescription by appropriately licensed staff or

(b) From non-prescription stock made available for such purposes.

(4) An organized and regulated system shall be in place in each institution for the secure receipt, storage, accounting and distribution of prescription and non-prescription medications.

(5) Medications shall be administered by appropriately trained healthcare personnel in accordance with professional standards and the laws and regulations governing drug administration.

(6) Psychotropic medications shall be prescribed only when clinically indicated and as one facet of a treatment program in accordance with the department’s rule on Informed Consent to Treatment with Psychotropic Medication (OAR 291-064)

(7) Inmates may be allowed to administer their own medication:

(a) As part of a self-care program;

(b) When the medication is on an approved self medication list;

(c) When in the opinion of the health services professional, the inmate is appropriately able to manage his/her own medication; and

(d) In conformance with institutional security practice.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0075

Healthcare Records

(1) A healthcare record shall be established for each inmate received at a DOC facility.

(2) Inmate healthcare records shall be maintained separately from the inmate’s custody file.

(3) The healthcare record shall be transferred at the time an inmate is transferred to another Department of Corrections facility.

(4) Personally identifiable confidential health Information contained in the healthcare record may be released to other parties only according to ORS 179.495 through 179.505 and other Oregon statutes relevant to medical confidentiality.

(5) Inactive healthcare records shall be retained in accordance with the authorized retention schedules established in accordance with OAR 166-030.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 179.495-505, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0080

Patient Rights

(1) Medical Research: The use of inmates for medical, psychiatric, or psychological experimentation or research is prohibited as stipulated in ORS 421.085.

(2) Informed Consent:

(a) The inmate’s written informed consent or refusal shall be obtained prior to an invasive healthcare procedure with major adverse health risks or prior to beginning non emergent mental health or medication services. An inmate may change their informed consent or refusal.

(b) Informed consent shall include providing the inmate with information about:

(A) The nature, purpose, and benefits of the procedure or treatment;

(B) The risks, if any, of the procedure or treatment; and

(C) Any alternative procedures or methods of treatment that are available.

(c) Informed consent is not required in:

(A) A medical emergency if the inmate is unable to give or to refuse consent and there is an immediate threat to the life of, or irreversible bodily harm to, the inmate;

(B) A psychiatric emergency if the inmate does not have the mental capacity to make an informed decision; and

(C) Certain public health matters.

(3) Confidentiality:

(a) The inmate’s healthcare record, which includes medical, dental, and mental health information obtained by health service employees, is confidential and shall not be released except as provided in ORS 179.495 through 179.509, and other Oregon statutes.

(b) Health Services employees shall communicate to correctional employees pertinent information that has a direct impact on the safety and security of the facility or is relevant to the inmate’s ability to function.

(4) Inmates may use the inmate grievance system as outlined in OAR 291-109 for health related issues.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0085

Charges for Elective Care or Treatment

(1) An inmate may request approval to purchase healthcare from a healthcare provider in the community. The department will only approve those requests that in the department’s judgment are medically appropriate and are otherwise consistent with the department’s concerns for institution security and order, public safety, and sound correctional practice.

(a) The inmate’s trust account must have sufficient funds to pay for the purchase of care BEFORE the treatment is scheduled, unless other financial arrangements have been made. Cost of care includes expenses associated with providing the treatment, including follow-up care, as well as all costs associated with transport and security.

(b) The chief medical officer of the facility must review and approve follow-up care and treatment recommended by community practitioners.

(3) Prosthetics and Self Care Items:

(a) An inmate is required to pay for prostheses or other devices that become the personal property of the inmate.

(b) The inmate must sign a withdrawal request (CD28) before the service is provided. The inmate’s trust account will be charged for the estimated or actual cost of the device.

(c) Upon delivery of the device, any variance from the actual cost will be indebted or credited to the inmate’s trust account accordingly.

(d) An inmate shall not be denied prostheses or other devices that are medically necessary because of lack of funds. However, the inmate may incur debt if his/her trust account does not have sufficient funds to cover the cost of the device.

(e) Items for self care are available on the commissary list. An inmate may be advised to purchase a particular self care item by health services employees. Such advice is intended as education in self care and is not a directive that the item is considered medically necessary.

(3) Expenses for Medical Care for Inmates on Escape, Transitional Leave, Parole, Post-Prison Supervision, or Emergency Leave:

(a) Expenses incurred for healthcare of offenders on parole or post-prison supervision are the responsibility of the offender.

(b) Expenses incurred for healthcare of inmates on escape status are not the responsibility of the department.

(c) Expenses incurred for healthcare of inmates on short term transition leave are the responsibility of the inmate.

(4) Refusal of Medical Appointments:

(a) Any inmate who willfully refuses to keep a prearranged medical appointment in the community may have his/her trust account charged or indebted.

(b) A decision under this section to charge or indebt an inmate’s trust account is subject to the administrative review process in the rule on Trust Accounts (Inmate) (OAR 291-158).

(5) Destruction of Property: Any inmate who willfully destroys or misuses health services equipment or supplies is subject to disciplinary action in accordance with the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1990, f. & cert. ef. 1-29-90; CD 18-1995, f. 9-25-95, cert. ef. 10-1-95; DOC 16-2010, f. & cert. ef. 11-19-10

291-124-0090

Reporting and Evaluation

Health Services shall prepare a report each quarter listing the deaths which have occurred in Department of Corrections facilities, including the age of the deceased, cause of death, and disposition of remains. This report shall be submitted to the President of the Senate and the Speaker of the House of Representatives according to ORS 179.509 by the 30th of the month following the end of the quarter.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 16-2010, f. & cert. ef. 11-19-10

 

Rule Caption: Short-Term Transitional Leave for Inmates in DOC Institutions.

Adm. Order No.: DOC 17-2010(Temp)

Filed with Sec. of State: 11-23-2010

Certified to be Effective: 12-1-10 thru 5-30-11

Notice Publication Date:

Rules Amended: 291-063-0010, 291-063-0016, 291-063-0030

Subject: These temporary rule amendments are necessary to clarify and update the eligibility requirements and approval process for granting inmates short-term transitional leave. Other amendments are necessary for housekeeping issues and organizational changes within the department.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-063-0010

Definitions

(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 state for the specific purposes listed in 291-063-0050(2)(a) where the inmate is expected to return to the releasing facility.

(3) Employee: Any person employed full-time, part-time or under temporary appointment by the Department of Corrections.

(4) Enter Parole/Probation Record (EPR): A record on the Law Enforcement Data System (LEDS) which identifies an inmate who is in the community on parole, probation, post-prison supervision, short-term transitional leave, or emergency leave exceeding five days.

(5) Immediate Family Member: Spouse, domestic partner, parent, sibling, child, and grandparents including step-relationships of such.

(6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(7) Releasing Authority: The functional unit manager or designee of the correctional facility from which the inmate is to be or has been released on 90-day transitional leave/non-prison leave from an alternative incarceration program, supervised trip, or emergency leave. For short-term transitional leave, the releasing authority is the Assistant Director of Transitional Services or designee.

(8) Short-Term Transitional Leave: A leave for a period not to exceed 30 days preceding an established projected release date which allows an inmate opportunity to secure appropriate transitional support when necessary for successful reintegration into the community. The department may grant a transitional leave of up to 90 days for inmates participating in an alternative incarceration program in accordance with ORS 421.500 and the department’s rule on Alternative Incarceration Programs (OAR 291-062).

(9) Supervised Trip: Any non-routine trip outside a Department of Corrections facility within the State of Oregon which is supervised by an employee of the Department of Corrections or a person authorized to supervise or maintain custody of persons outside of correctional facilities.

Stat. Auth.: ORS 179.040, 421.166, 421.168, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.166, 421.168, 423.020, 423.030, 423.075

Hist.: CD 1-1990, f. & cert. ef. 1-29-90; CD 21-1990(Temp), f. & cert. ef. 11-1-90; CD 11-1991, f. & cert. ef. 4-24-91; DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03; DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03; DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06; DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11

291-063-0016

Procedures

(1) Eligibility Requirements:

(a) An inmate must be incarcerated for six months, including applicable county jail time credits, before being eligible for short-term transitional leave.

(b) Any person serving a sentence for a crime committed prior to November 1, 1989, shall not be eligible for short-term transitional leave.

(c) Persons incarcerated for parole revocation sanctions are not eligible for short-term transitional leave pursuant to ORS 421.168(1) and 144.108(3)(b).

(d) Persons incarcerated for post-prison supervision revocation sanctions are not eligible for short-term transitional leave pursuant to ORS 421.168(1) and 144.108(3)(b). However, such persons are eligible for emergency leave pursuant to ORS 421.166 and 144.108(3).

(e) Under the provisions of ORS 144.260, any inmate sentenced on or after December 4, 1986, require that a notification be distributed to the sentencing judge, district attorney, and sheriff 30 days prior to unescorted release from physical custody. Upon request, victims will be notified in the same manner.

(f) Any person serving a sentence under the provisions of ORS 137.635 shall not be eligible for short-term transitional leave.

(g) Any person serving a sentence under the provisions of ORS 161.610 shall not be eligible for short-term transitional leave until the person has served the minimum incarceration term imposed by the court less earned time under ORS 421.121.

(h) Any person serving a sentence under the provisions of ORS 163.105 for aggravated murder committed on or after November 1, 1989, shall not be eligible for short-term transitional leave. The person shall not be eligible for short-term transitional leave even after completion of the minimum incarceration term imposed by the court, or if the Board of Parole and Post Prison Supervision converts the sentence to “life with possibility of parole, release to post-prison supervision, or work release.”

(i) Any person serving a sentence under the provisions of ORS 163.115 for murder:

(A) Committed on or after November 1, 1989, and prior to April 1, 1995, shall not be eligible for short-term transitional leave until the person has served the minimum incarceration term imposed by the court less earned time under ORS 421.121;

(B) Committed on or after April 1, 1995 and prior to June 30, 1995, shall not be eligible for short-term transitional leave until the person has served the minimum incarceration term imposed by the court; or

(C) Committed on or after June 30, 1995, shall not be eligible for short-term transitional leave. The person shall not be eligible for short-term transitional leave even after completion of the minimum incarceration term imposed by the court, or if the Board of Parole and Post Prison Supervision converts the sentence to “life with possibility of parole, release to post-prison supervision, or work release.”

(j) Any person serving a sentence under the provisions of ORS 137.700 or ORS 137.707 for a crime:

(A) Committed prior to December 5, 1996, shall not be allowed short-term transitional leave until completion of the mandatory minimum incarceration term; or

(B) Committed on or after December 5, 1996, shall not be allowed short-term transitional leave until completion of the mandatory minimum incarceration term and only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(k) Any person serving a sentence under the provisions of ORS 137.712 for Robbery II, Kidnapping II, or Assault II committed:

(A) On or after April 1, 1995 and prior to December 5, 1996 is eligible for short-term transitional leave.

(B) On or after December 5, 1996 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(l) Any person serving a sentence under the provisions of ORS 137.712 for Manslaughter II committed on or after October 23, 1999 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(m) Any person serving a sentence under the provisions of ORS 137.712 for Rape II, Sodomy II, Unlawful Sexual Penetration II, or Sex Abuse 1 committed on or after January 1, 2002 is eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(n) Any person serving a sentence under the provisions of ORS 161.725 to ORS 161.737 (dangerous offenders) for a crime committed on or after November 1, 1989 shall not be eligible for short-term transitional leave during service of the required minimum term of incarceration (determinate sentence) imposed by the court. The person shall not be eligible for short-term transitional leave even after completion of the required minimum term of incarceration (determinate sentence) even if the Board of Parole and Post Prison Supervision finds that the condition that made the person dangerous is absent or in remission and sets a post-prison supervision release date.

(o) If otherwise eligible under Oregon law, any person serving a sentence for a crime committed on or after December 5, 1996, shall be eligible for short-term transitional leave only upon order of the sentencing court as directed in the judgment pursuant to ORS 137.750.

(2) Criteria: In order for an inmate to be approved for any form of leave, he/she must meet the following criteria:

(a) Be classified as minimum custody in accordance with the Department of Corrections rule on Classification (Inmate) (OAR 291-104);

(b) Plan to reside within the State of Oregon;

(c) Does not have a current detainer of other charges that would result in incarceration upon release to transitional leave;

(d) Acceptable performance in the completion of correctional programming to address assessed needs and reduce the risk of future criminal behavior;

(e) Be in suitable physical and mental condition; and

(f) Institution conduct and program compliance warrant leave consideration.

(3) The supervising community corrections office must review and approve any transitional leave release plan.

Stat. Auth.: ORS 179.040, 421.166, 421.168, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.166, 421.168, 423.020, 423.030 & 423.075

Hist.: DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03; DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03; DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06; DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11

291-063-0030

Approval of Short-Term Transitional Leaves

(1) Short-term transitional leaves may be granted from any Department of Corrections facility with proper approval of the releasing authority.

(2) Application:

(a) The inmate may initiate the short-term transitional leave process by filling out the appropriate Short-Term Transitional Leave application and submitting it to the assigned institutional counselor or designated staff member.

(c) Designated staff members will verify the information given and submit the leave recommendation and other relevant information to the releasing authority.

(3) Approval:

(a) The releasing authority or designee may grant a short-term transitional leave up to 30 days prior to the inmate’s release to post-prison supervision to allow an inmate to participate in an approved release plan.

(b) No short-term transitional leave will be granted to allow the inmate to reside with a Department of Corrections employee, contractor, or volunteer unless the inmate is an immediate family member of the employee pursuant to ORS 144.108(3)(b).

(c) The releasing authority or designee will stipulate the special conditions necessary to enhance community safety. Short-term transitional leave conditions will replicate as much as possible post-prison supervision conditions. Short-term transitional leave conditions may hold an inmate to a higher standard than post-prison supervision.

Stat. Auth.: ORS 179.040, 421.166, 421.168, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.166, 421.168, 423.020, 423.030 & 423.075

Hist.: CD 1-1990, f. & cert. ef. 1-29-90; CD 21-1990(Temp), f. & cert. ef. 11-1-90; CD 11-1991, f. & cert. ef. 4-24-91; DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03; DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03; DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06; DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11

 

Rule Caption: Mental Health Special Housing for Inmates in ODOC Institutions.

Adm. Order No.: DOC 18-2010(Temp)

Filed with Sec. of State: 12-13-2010

Certified to be Effective: 12-13-10 thru 6-11-11

Notice Publication Date:

Rules Adopted: 291-048-0230, 291-048-0240, 291-048-0270, 291-048-0280, 291-048-0320

Rules Suspended: 291-048-0120, 291-048-0180

Rules Ren. & Amend: 291-048-0100 to 291-048-0200, 291-048-0110 to 291-048-0210, 291-048-0115 to 291-048-0220, 291-048-0130 to 291-048-0250, 291-048-0140 to 291-048-0260, 291-048-0150 to 291-048-0290, 291-048-0160 to 291-048-0300, 291-048-0170 to 291-048-0310, 291-048-0190 to 291-048-0330

Subject: The department recognizes there are inmates it its facilities with significant mental health issues. Modification of these rules is necessary to establish policy and procedures for assignment of an inmate to mental health special housing who, because of mental health issues, is unable to adjust in the general inmate population. Mental health special housing is separate and apart from the general inmate population. This allows the department to safely manage and provide an environment oriented to mental health treatment for this high risk inmate population.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-048-0120

Assignments to Special Management Unit

(1) Inmates may be assigned to a Special Management Unit on either a voluntary or involuntary basis in accordance with these rules.

(2) Assignment Criteria: Inmates who meet one or more of the following criteria should be considered for assignment to a Special Management Unit:

(a) Inmates who, due to a mental illness or severe emotional disturbance are:

(A) A danger to others;

(B) A danger to themselves (including all inmates who are acutely suicidal);

(C) Unable to care for their basic needs;

(D) Being victimized by other inmates; or

(E) In an acute phase of mental or emotional disorder.

(b) Inmates who need a diagnostic evaluation or medication adjustment.

(3) Inmates assigned to an SMU may be placed in a seclusion room for observation and security purposes as directed by program or security staff assigned to the unit, and for such period(s) as the SMU program manager or designee, or SMU lieutenant or designee, in consultation with the psychiatrist/nurse practitioner and the SMU treatment team, determines is necessary.

(4) Suicide/Crisis: Inmates assigned to an SMU because of suicidal ideation/attempt may be placed on suicide watch as directed by program or security staff assigned to the unit, and will be continued on this status until the SMU program manager or designee, in consultation with the psychiatrist/nurse practitioner and the SMU treatment team, determines that the suicide watch is no longer necessary, in accordance with the Department of Corrections rule on Suicide Prevention in Correctional Facilities (OAR 291-076).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Suspended by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

291-048-0180

Release Process

(1) Voluntary Assignment: Inmates assigned to a Special Management Unit on a voluntary basis will be reassigned to the general population, upon request, within 72 hours, unless the treatment team believes continued treatment is necessary. In such instances, the treatment team shall follow the procedures for involuntary assignment outlined in this rule.

(2) Involuntary Assignment: Inmates assigned involuntarily to Special Management Unit status will remain so assigned for only the shortest length of time necessary to achieve the purpose(s) for which the assignment was prescribed.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0040; DOC 10-1999, f. & cert. ef. 7-6-99; Suspended by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 and procedures for the assignment of inmates to mental health special housing who, because of a mental illness or severe emotional disturbance, are unable to adjust satisfactorily in the general inmate population.

(3) Policy: The department recognizes there are a number of inmates with significant mental health issues. It is the policy of the Department of Corrections to:

(a) Provide an environment oriented to mental health treatment for inmates within the department who, because of mental illness or severe emotional disturbance, are behaving in such a way as to endanger themselves or others or are unable to provide for their basic needs; and

(b) Adopt practices within this environment to safely manage this high risk inmate population where effective treatment and behavior management can occur.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-1984; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0005; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0100, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 skills training unit for inmates with serious mental illness that have committed violent acts or disruptive behavior.

(3) BHS Program Manager: That person who reports to the Behavior Health Services administrator and has responsibility for delivery of program services or coordination of program operations in a mental health special housing unit. Whenever the term “BHS program manager” is used in this rule it means BHS program manager or designee.

(4) Facility: The building and grounds area operated by the Department of Corrections which physically houses inmates.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an assistant director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. Whenever the term “functional unit manager” is used in this rule it means functional unit manager or designee.

(6) Intermediate Care Housing (ICH): A mental health special housing unit with a therapeutic environment for mental health step down from a Mental Health Infirmary; a stabilization unit for inmates who cycle in and out of a Mental Health Infirmary.

(7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(8) Mental Health Infirmary (MHI): A crisis response unit that provides psychiatric care and a therapeutic environment for inmates that require intensive assessment, care, and stabilization.

(9) Mental Health Specialist: Any person who reports to the BHS administrator and has the responsibility for delivery of mental health program services in a facility.

(10) Mental Health Special Housing: A housing assignment separate and apart from the general population, including facilities, rooms, or cells for inmates that are unable to adjust satisfactorily to the general inmate population because of a serious mental illness. Mental health special housing includes a Mental Health Infirmary, Intermediate Care Housing, and Behavioral Health Unit.

(11) Mental Health Special Housing (MHSH) Custody Manager: That person designated by the functional unit manager who is responsible for security in a mental health special housing unit and for making operational decisions in accordance with policy, rule, or procedure. Whenever the term “mental health special housing custody manager” is used in this rule it means the mental health special housing custody manager or designee.

(12) Mental Health Treatment Team: A team that may consist of the unit program manager(s), psychiatrist or nurse practitioner, nurse, mental health specialist, MHSH custody manager, represented custody staff members and other designated staff. The purpose of this group is to:

(a) Assess the mental condition of inmates assigned to a mental health special housing unit,

(b) Establish and update treatment plans for these inmates, and

(c) Coordinate their discharge and mental health follow-up.

(13) Reasonable Grounds: Information that is of such credibility that it would induce a reasonably prudent person to use it in the conduct of their affairs.

(14) Serious Mental Illness: An inmate that, in the judgment of the department, because of a mental disorder is one or more of the following:

(a) Dangerous to self or others;

(b) Unable to provide for basic personal needs and would likely benefit from receiving additional care for the inmate’s health or safety;

(c) Chronically mentally ill, as defined in ORS 426.495; or

(d) Will continue, to a reasonable medical probability, to physically or mentally deteriorate so to become a person described in (c) above unless treated.

(15) Special Population Management Committee (SPM): A committee that is composed of at least three department staff to include a representative from institution operations, Behavior Health Services, and the Office of Population Management.

(16) Treating Practitioner: Any Health Services employee who, by licensure, is authorized to prescribe treatment, including but not limited to, physicians, nurse practitioners and physicians assistants.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0010; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0110, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 mental health special housing will be reviewed and must receive a satisfactory appraisal by a committee designated the functional unit manager before assignment to the unit. At a minimum, the staff member must meet the following criteria:

(A) Have expressed a constructive interest in working with inmates in mental health special housing;

(B) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and

(C) Have demonstrated the ability to use good judgment.

(2) Mental health special housing positions will be made by the functional unit manager and will be reviewed as needed.

(3) Mental Health Special Housing Position Rotations: Rotation of staff may occur as it is found to be in the best interest or well being of the employee, or the operation of the unit, upon determination by a committee designated the functional unit manager.

(4) Training of Assigned Personnel: All employees assigned to work in a mental health special housing unit are required to annually complete a minimum number of 12 training hours specific to mental health special housing, in addition to any other department training requirements.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 15-1984, f. & ef. 7-20-84; CD 4-1985 f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 37-1987(Temp), f. & ef. 9-24-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; Suspended by DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0115, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 housing:

(a) A danger to others;

(b) A danger to self (including all inmates who are acutely suicidal);

(c) Unable to care for his/her basic needs;

(d) In an acute phase of mental or emotional disorder; or

(e) Needs a diagnostic evaluation or medication adjustment.

(2) If any staff member thinks an inmate is in need of mental health treatment in mental health special housing, the concerned staff member may submit a recommendation for a mental health evaluation.

(3) A mental health specialist shall complete an evaluation of the inmate within five calendar days.

(4) If the mental health specialist recommends placement, he/she will make the appropriate referral.

(5) Upon completion of the evaluation, the inmate will be assigned to a mental health special housing unit or be returned to his/her former status if assignment to mental health special housing is not needed.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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, Intermediate Care Housing, and the Behavioral Health Unit. The assignment process varies dependent on the specific unit.

(a) Assignment to a Mental Health Infirmary will be made in accordance with OAR 291-048-0250 to 0260.

(b) Assignment to Intermediate Care Housing will be made in accordance with OAR 291-048-0270

(c) Assignment to a Behavioral Health Unit will be made in accordance with OAR 291-048-0280

(3) Once an inmate has been assigned to a mental health special housing unit, the inmate may be assigned to other mental health special housing units for treatment as deemed necessary or advisable by the mental health treatment team. However, an inmate may only be assigned to a Mental Health Infirmary by order of the treating practitioner.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 treatment team finds that the inmate is in need of mental health treatment; and

(c) There is reasonable likelihood that treatment can be accomplished in a Mental Health Infirmary; and

(d) The inmate consents to admission in writing.

(2) The treating practitioner shall make the final decision whether an inmate is admitted to a Mental Health Infirmary for treatment.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0015; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0130, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 functional unit manager, only upon a finding of reasonable grounds.

(b) The decision to place an inmate in a Mental Health Infirmary will be based on the recommendation of the mental health staff, psychologist, thee Medical Services manager, or available program staff. Other pertinent staff reports may also be considered.

(c) If the inmate is placed in a Mental Health Infirmary on an emergency basis, the functional unit manager shall inform the inmate in writing.

(d) Assessment: Within five working days following assignment to a Mental Health Infirmary, the mental health treatment team will assess the need for treatment. The following mental health data shall be considered by the treating practitioner in making the assessment:

(A) Existence and type of disorder;

(B) Potential therapeutic effect of a change in environment;

(C) Potential for development of a comprehensive program for treatment of the inmate that is available within a Mental Health Infirmary and is likely to benefit the inmate;

(D) Ability to function in the general population; and

(E) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.

(e) Upon completion of the assessment and compilation of the inmate’s mental health history:

(A) If the mental health treatment team determines the inmate is not in need of the level of care in a Mental Health Infirmary, the inmate will be returned to his/her former status or referred to mental health treatment as appropriate.

(B) If the mental health treatment team determines the inmate is in need of the level of care in a Mental Health Infirmary, an overall treatment plan will be developed with appropriate referral as needed.

(f) The inmate will be given the opportunity to voluntarily admit himself/herself to a Mental Health Infirmary.

(g) If the inmate is unwilling to be voluntarily admitted, the treating practitioner may admit the inmate on an involuntary basis.

(A) The treating practitioner will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.

(B) The functional unit manager will notify the hearings officer.

(C) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the evaluation.

(2) Non-Emergency:

(a) If an inmate is thought by any staff member to be in need of mental health treatment in a Mental Health Infirmary, the concerned staff member may submit a recommendation for a mental health evaluation as described in OAR 291-048-0230.

(b) If the mental health specialist recommends placement in Mental Health Infirmary, admission consideration will follow as provided in section (1)(d)(A-E) of this rule, with notification to the functional unit manager.

(c) The inmate will be given the opportunity to voluntarily admit himself/herself to a Mental Health Infirmary. If the inmate is unwilling to be voluntarily admitted, the treating practitioner may admit the inmate on an involuntary basis.

(A) The treating practitioner will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.

(B) The functional unit manager will notify the hearings officer.

(C) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the evaluation.

(3) Recommended Length of Stay: In all instances where assignment is recommended, the treating practitioner will include a recommendation for the length of stay in a Mental Health Infirmary, not to exceed 180 days.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-1985; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0020; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0140, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 stabilization prior to placement into a less restrictive environment;

(b) It is determined at intake that the inmate does not have the basic coping skills to be placed directly into a less restrictive environment;

(c) It is determined during the inmate’s incarceration that he or she will have an increase in symptoms in a less restrictive environment if he or she is not provided a higher level of treatment and support; or

(d) The inmate demonstrates high risk for suicide or frequent self-harm.

(2) An inmate may be placed in Intermediate Care Housing when:

(a) There is a referral from a mental health specialist, nurse, or outside mental health contractor;

(b) The mental health treatment team finds that the inmate is in need of mental health treatment; and

(c) There is a reasonable likelihood that treatment can be accomplished in Intermediate Care Housing.

(d) The BHS program manager shall make the final decision whether an inmate is admitted to Intermediate Care Housing for treatment.

(3) Assessment: Within five working days following assignment to Intermediate Care Housing, the mental health treatment team will assess the need for treatment. The following mental health data shall be considered by the BHS program manager in making the assessment:

(a) Existence and type of disorder;

(b) Potential therapeutic effect of a change in environment;

(c) Potential for development of a comprehensive program for treatment of the inmate that is available within Intermediate Care Housing and is likely to benefit the inmate;

(d) Ability to function in the general population; and

(e) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.

(4) Upon completion of the assessment and compilation of the inmate’s mental health history:

(a) If the mental health treatment team determines the inmate is not in need of the level of care in Intermediate Care Housing, the inmate will be returned to his/her former status or referred to mental health treatment as appropriate.

(b) If the mental health treatment team determines the inmate is in need of the level of care in Intermediate Care Housing, an overall treatment plan will be developed with appropriate referral as needed.

(c) The inmate will be given the opportunity to voluntarily admit himself/herself to Intermediate Care Housing.

(d) If the inmate is unwilling to be voluntarily admitted, the BHS program manager may admit the inmate on an involuntary basis.

(A) If the inmate has previously been assigned to a mental health special housing unit on an involuntary basis within the last 180 days, the inmate may be assigned to Intermediate Care Housing without any further action.

 (B) If the inmate has not previously been assigned to a mental health special housing unit on an involuntary basis, the BHS program manager will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.

(C) The functional unit manager will notify the hearings officer.

(D) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the assessment.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 violent or disruptive disciplinary actions in either general housing or special housing units and is placed in temporary disciplinary segregation in accordance with OAR 291-105; or

(b) A hearings officer recommends assignment to a Behavioral Health Unit as a diversion to a disciplinary segregation sanction in accordance with OAR 291-105; or

(c) The inmate is being considered for placement in an Intensive Management Unit in accordance with OAR 291-055 and the Special Population Management (SPM) Committee recommends assignment to a Behavioral Health Unit.

(2) An inmate may be placed in a Behavioral Health Unit when:

(a) There is a referral from a mental health specialist, nurse, or outside mental health contractor;

(b) The mental health treatment team finds that the inmate is in need of mental health treatment; and

(c) There is a reasonable likelihood that treatment can be accomplished in a Behavioral Health Unit.

(d) The BHS program manager shall make the final decision whether an inmate is admitted to a Behavioral Health Unit for treatment.

(3) Assessment: Within five working days following assignment to a Behavioral Health Unit, the mental health treatment team will assess the need for treatment. The following mental health data shall be considered by the BHS program manager in making the assessment:

(a) Existence and type of disorder;

(b) Potential therapeutic effect of a change in environment;

(c) Potential for development of a comprehensive program for treatment of the inmate that is available within a Behavioral Health Unit and is likely to benefit the inmate;

(d) Ability to function in an Intensive Management Unit or disciplinary segregation; and

(e) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.

(4) Upon completion of the assessment and compilation of the inmate’s mental health history:

(a) If the mental health treatment team determines the inmate is not in need of the level of care in a Behavioral Health Unit, the inmate will be returned to his/her former status, assigned to an Intensive Management Unit or assigned to disciplinary segregation.

(b) If the mental health treatment team determines the inmate is in need of the level of care in a Behavioral Health Unit, an overall treatment plan will be developed with appropriate referral as needed.

(c) The inmate will be given the opportunity to voluntarily admit himself/herself to a Behavioral Health Unit.

(d) If the inmate is unwilling to be voluntarily admitted, the BHS program manager may admit the inmate on an involuntary basis.

(A) If the inmate has previously been assigned to a mental health special housing unit on an involuntary basis within the last 180 days, the inmate may be assigned to a Behavioral Health Unit without any further action.

(B) If the inmate has not previously been assigned to a mental health special housing unit on an involuntary basis, the BHS program manager will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.

(C) The functional unit manager will notify the hearings officer.

(D) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the assessment.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 rights with respect to the hearing.

(2) The hearing shall be conducted by a hearings officer or other person trained in the hearings process, in the event the hearings officer is unavailable.

(3) The hearings officer shall not have participated in any previous way in the assessment process.

(4) The hearings officer may pose questions during the hearing.

(5) Representation:

(a) In all cases, the inmate is entitled to:

(A) Speak in his/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 security or safety of its staff or others. The reason(s) for the finding shall be a part of record.

(b) Assistance by a staff member, inmate, or other person approved by the hearings officer will be ordered for those individuals in cases where it is found that assistance is necessary based upon language barriers or competence and capacity of the inmate.

(6) Investigation: The inmate has a right to 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 process.

(a) An investigation shall be conducted upon the inmate’s request if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the inmate to provide with his/her own resources.

(b) The hearings officer may order an investigation on his/her own motion.

(c) The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others.

(7) Witnesses: Inmates have the right to call witnesses to testify before the hearings officer. Witnesses may include inmates, staff, or other persons.

(a) If witnesses will be called, the inmate, prior to the hearing, must develop a list of witnesses and questions to be posed to each witness. The inmate shall bring the list of questions and the list of witnesses to the hearing.

(b) The inmate or his/her representative shall not have the right to cross examine or directly pose questions to any witness.

(c) The hearings officer may exclude a specific inmate or staff witness upon finding that the witness’ testimony would not assist in the resolution of the proceeding or presents an immediate undue hazard to facility security or the safety of its staff or others. If a witness is excluded, the reason(s) shall be made a part of the record.

(d) The hearings officer may exclude other persons as witnesses upon finding that their testifying is unduly hazardous to facility security or the safety of its staff or others; not reasonably available; or would not assist in the resolution of the action. The reason(s) for exclusion shall be made a part of the record.

(e) An inmate witness shall have the right to refuse to testify.

(f) Persons other than inmates or staff requested as witnesses shall have the right to refuse to appear or testify.

(g) The hearings officer may, on his/her own motion, call witnesses to testify.

(h) All questions which will assist in the resolution of the proceedings, as determined by the hearings officer, shall be posed. The reason(s) for not posing a question will be made a part of the record.

(8) Documentation/Reports:

(a) Inmates shall have the right to present documents/reports during the hearing.

(b) The reporting staff member, or other agents of the facility who are knowledgeable, may submit documents/reports in advance of the hearing.

(c) The hearings officer may exclude documents/reports, making a finding that such would be unduly hazardous to facility security or the safety of its staff or others, or would not assist in the resolution of the proceeding. The reason(s) for exclusion shall be made a part of the record.

(d) The hearings officer may classify documents/reports as confidential upon making a finding that revealing such would constitute a threat to the safety and security of the facility or violate statutory provisions regarding confidentiality. The reason(s) for classifying documents/reports as confidential shall be made a part of the record.

(9) Postponement:

(a) A hearing may be postponed by the hearings officer for “good cause” and for a reasonable period of time, not to exceed three working days.

(b) “Good cause” includes, but is not limited to:

(A) Illness or unavailability of the inmate;

(B) Gathering of additional evidence; or

(C) Gathering of additional documentation.

(c) The reason(s) for the postponement shall be made a part of the record.

(10) At the conclusion of the hearing, the hearings officer will deliberate and determine whether the information supports placement of the inmate in mental health special housing, taking into account any contrary information submitted by the inmate. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed three working days, for the purpose of reviewing the information.

(a) No Justification: The hearings officer may find that the information does not support placement in mental health special housing, in which case the hearings officer will recommend that the inmate return to his/her former status with all rights and privileges of that status.

(b) Justification: The hearings officer may find the report does support placement in mental health special housing, in which case the hearings officer will so inform the inmate and recommend the inmate be assigned to mental health special housing for a specified period of time as recommended by the treating practitioner and mental health treatment team, not to exceed 180 days.

(11) Hearing Record:

(a) Upon completion of a hearing, the hearings officer shall prepare a hearing record within five days following the conclusion of the hearing.

(b) The record of the formal hearing shall include:

(A) Examination reports;

(B) Notice of hearing and rights;

(C) Recording of hearing;

(D) Supporting material(s); and

(E) “Findings of Fact, Conclusion, and Recommendation” of the hearings officer.

(c) The hearings officer will retain the recording and forward to the Behavior Health Services Administrator items (A), (B), (D), and (E) of this section.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84 CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0025; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0150, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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, Conclusion, and Recommendation of the hearings officer to determine whether:

(a) There was substantial compliance with the procedural requirements of these rules;

(b) The recommended decision was based on substantial information; and

(c) The recommended decision was proportionate to the information and consistent with the provisions of the rule.

(3) Within five days of the receipt of the hearings officer’s report, the Behavior Health Administrator or designee shall enter an order to:

(a) Affirm the hearings officer’s recommended decision;

(b) Modify the hearings officer’s recommended decision; or

(c) Reverse the hearings officer’s recommended decision.

(4) If the Behavior Health Administrator or designee modifies or reverses the hearings officer’s recommended decision, the Behavior Health Administrator or designee must state the reason(s) in writing and promptly notify the inmate, hearings officer, mental health treatment team and functional unit managers of the action and reason.

(5) A copy of the order shall be returned to the hearings officer and the inmate.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0030; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0160, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 special housing may be given special security housing upon recommendation of the mental health treatment team for a specified period of time, and may not be permitted out of their assigned cell/room except when in actual custody of a custody staff member.

(3) Basic services and programs shall be determined by the mental health treatment team. The manner in which services and programs are provided may differ from the way they are provided to inmates in general population, if providing them in a routine manner would cause an immediate and continuing threat to the security of the facility or the safety of its staff or others.

(4) The mental health treatment team will develop, implement, or modify each individual inmate’s treatment. A review of the inmate’s treatment plans will occur as clinically indicated.

(a) The plan will have a specific set of objectives to meet in a progression of increasing personal responsibility. The treatment plan must be written, and a copy given to each inmate with whom the treatment plan is developed. A review of treatment plans will occur every 30 days or as clinically indicated.

(b) A treatment plan may include, but is not limited to, a structured daily schedule for that individual inmate different from the unit schedule based on that inmate’s individual needs.

(5) Mental health special housing staff may temporarily withhold a basic service previously approved to an inmate in mental health special housing if he/she has sufficient reason to believe the security of the facility, its staff or others is in immediate danger.

(a) The MHSH custody manager shall be informed as soon as is reasonable of any service or program that is withheld.

(b) All such actions directly affecting an inmate’s individual treatment must be reported to the BHS program manager by the following work day.

(c) The mental health treatment team must review any basic service or program that is withheld continuously.

(6) Psychiatric treatment or any type of psychotropic drugs administered to an inmate assigned to mental health special housing shall be in accordance with the Department of Corrections rule on Informed Consent to Treatment (OAR 291-064).

(7) All psychotropic medication administered to inmates housed in mental health special housing shall be prescribed by a licensed treating practitioner. All prescribed medication shall be administered by a nurse licensed to administer medication.

(8) Personal Property: Items permitted will, in general, be in accordance with the department’s rule on Personal Property (Inmate) (OAR 291-117). Personal property items may be withheld for security and treatment purposes, as determined by the mental health treatment team.

(9) Visits: An inmate in mental health special housing will be permitted visits in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127).

(10) Recreation: An inmate will have an opportunity to participate in an exercise period in accordance with the inmate’s individual treatment plan and the operational needs of the unit.

(11) The management of an inmate placed in therapeutic restraints for medical or mental health treatment shall be in accordance with the rule on Therapeutic Restraints (Use of) (OAR 291-071).

(12) Suicide or Crisis:

(a) An inmate assigned to mental health special housing because of suicidal ideation, or attempt, may be placed on suicide precaution as directed by program or custody manager(s) assigned to the unit.

(b) The inmate will maintain this status until the assigned BHS staff determines that the suicide precaution is no longer necessary, in accordance with the Department of Corrections rule on Suicide Prevention in Correctional Facilities (OAR 291-076).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0170, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 determines continued treatment at the current level of care is necessary. In such instances, the mental health treatment team shall follow the procedures for involuntary assignment outlined in OAR 291-048-0290.

(2) An inmate assigned involuntarily to mental health special housing will remain so assigned for only the shortest length of time necessary to achieve the purpose(s) for which the assignment was prescribed. The assignment shall not exceed 180 days unless the assignment is renewed in a subsequent administrative hearing as outlined in OAR 291-048-0290.

(3) When an inmate is released from mental health special housing, the mental health treatment team, in collaboration with the Office of Population Management, will determine the appropriate housing assignment; e.g., general population, Intensive Management Unit, disciplinary segregation, administrative housing, etc.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

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 advisable to protect the safety, security, health, good order and discipline of the facility, its staff, visitors or other inmates, or to further other legitimate correctional objectives.

(2) Assignment to mental health special housing on administrative hold status shall not be an admission to the unit. An inmate assigned to mental health special housing on administrative hold status will be subject to all operational policies and procedures while assigned to the unit.

(3) An inmate may be involuntarily assigned to mental health special housing for a period in excess of 30 days in accordance with the notice and hearings process set forth in the department’s rule on Administrative Housing (OAR 291-046).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0190, DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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