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Oregon Bulletin

January 1, 2014

Department of Corrections, Chapter 291

Rule Caption: Non-Cash Incentives for inmates in Department of Correctional institutions

Adm. Order No.: DOC 14-2013

Filed with Sec. of State: 11-18-2013

Certified to be Effective: 12-1-13

Notice Publication Date: 9-1-2013

Rules Amended: 291-077-0035

Subject: The department has developed non-cash incentives to encourage pro-social behavior among inmates and to motivate inmates toward positive institutional behavior and program compliance. These modifications update the privileges and services available to inmates to increase the effectiveness of the use of the incentives in managing inmate behavior.

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

291-077-0035

Non-Monetary Incentives (Non-Cash Incentives)

The purpose of non-cash incentives is to enhance cost effective inmate management by providing tiered access to services and privileges at department facilities. Non-cash incentives encourage pro-social behavior among inmates consistent with good correctional practices and the mission of the department. Functional unit managers may limit an inmate’s access to services and privileges available within the incentive level attained by the inmate, as necessary, to ensure the safe and secure operation of the facility and within resources available to and physical plant limitations of the facility.

(1) General:

(a) Functional unit managers will develop a list of services and privileges specific to their facility as part of the DOC non-cash incentives program (institution incentive level matrix).

(b) Specific services and privileges available to inmates may differ between facilities depending on size and configuration of space and availability of resources.

(c) Some incentive services and privileges will be offered consistently throughout the department at each facility, when possible, as outlined in Appendix C.

(d) There will be three incentive levels (Level I, Level II, and Level III) available to inmates.

(e) Incentive Level I is a restricted level statewide. Restrictions imposed may differ between facilities due to the size and configuration of each facility. Level I inmates are identified with an orange identification card.

(f) Incentive Level II offers more services and privileges than Level I. Level II inmates are identified with the standard identification card (red fading into white).

(g) Incentive Level III is the highest attainable incentive level. Level III inmates are identified with a silver, holographic tamper resistant “NCI 3” sticker placed on their identification.

(h) Incentive levels will be calculated electronically at the end of each business day and made available to staff the following business day.

(2) Inmate Eligibility:

(a) All general population inmates will be eligible to earn services and privileges identified as non-cash incentives. Inmates who are not in general population will be ineligible to participate in the non-cash incentive program within the context of this rule. A non-cash incentive program may be developed and implemented in select special housing assignments as recommended by the functional unit manager and approved by the Assistant Director for Operations or designee.

(b) All department facilities will share a single set of inmate eligibility criteria.

(c) The incentive levels and corresponding eligibility are shown in Appendix B. Functional unit managers may develop additional criteria to manage services and privileges specific to the institution within the framework of Appendix B (e.g., waiting lists).

(d) New or returning commitments to the department will be placed at incentive Level II if they have not had a major misconduct in the last 180 incarcerated days or program fail in the last 90 incarcerated days.

(e) If an inmate has segregation time to complete from a prior incarceration period with the department. Upon readmission, once segregation time is completed, the inmate will be placed at the proper incentive level as outlined in Appendix B.

(f) The time period necessary to attain eligibility to promote to a higher incentive level will not start until an inmate is released from special housing and after all disciplinary sanctions (segregation and loss of privileges) are satisfied.

(g) The time an inmate spends in the infirmary or mental health infirmary, for non-disciplinary reasons and while not serving any disciplinary sanctions, will not negatively impact their incentive level. Time spent in these units will count toward eligibility to promote to the next incentive level so long as these criteria are met.

(h) Inmates may earn promotion to higher incentive levels by compliance with prescribed programming and good institutional behavior.

(i) Alternatively, an inmate’s incentive level may be lowered as a consequence of noncompliance with prescribed programming or engaging in prohibited conduct.

(j) The functional unit manager or designee may adjust an inmate’s incentive level by two levels, up or down, as necessary to promote good institutional conduct and program compliance.

(k) An inmate’s incentive level will be lowered no more than one level as a result of a disciplinary sanction and program failure arising out of a single act of prohibited conduct except when the inmate receives a sanction of more than 21 days in segregation. When the sanction is greater than 21 days in segregation, the inmate will be placed at the lowest incentive level available at the facility. An inmate whose incentive level has been reduced one level as a result of a disciplinary sanction will be considered as meeting all the eligibility criteria of the reduced incentive level.

(l) An inmate’s incentive level will be adjusted once the inmate is found in violation of a major misconduct or a program failure is upheld.

(m) The functional unit manager or designee may waive the non-cash incentive system for a specific event(s) to allow all general population inmates to participate.

(3) Transfers:   

(a) Inmates will retain the incentive level they have earned and any time accrued towards promotion to the next incentive level upon transfer to another facility.

(b) Inmates transferred to another facility will retain incentive property and commissary spending limit privileges earned prior to the transfer. Access to institution-specific services and privileges available at the receiving facility may be subject to waiting periods established by the functional unit manager or designee.

(4) Property:

(a) Inmates will retain property purchased (e.g., television, CD player, CDs) prior to the adoption of this rule subject to limitations on use established by the functional unit manager or designee.

(b) Property items offered as part of the non-cash incentive program (incentive property) will be offered department wide unless the property is part of a limited duration pilot project approved by the Assistant Director of Operations or designee.

(c) Once purchased, incentive property will be handled in accordance with the rule on Personal Property (Inmate) (OAR 291-117).

(d) When access to property is restricted by a disciplinary sanction (loss of privileges or assignment to special housing), incentive property will be stored at the direction of the functional unit manager/designee.

(e) Inmates will not be required to send incentive property home as a result of disciplinary infractions.

(f) The use of specific property, including but not limited to personal electronics, may be restricted until the proper incentive level is achieved. Select incentive property and the manner in which the property is restricted will be at the functional unit manger’s/designee’s discretion and may differ by institution. The property may be stored or disabled until the proper incentive level is achieved.

(g) Certain property sold prior to implementation of this rule will not transfer to the receiving facility; e.g., 13-inch television (box or CRT).

(5) The functional unit manager or designee will create a matrix of non-cash incentives detailing services and privileges available to inmates at each incentive level within the facility. The matrix will be updated and made available to inmates at least annually. Any restrictions or additional eligibility criteria for institution-specific services and privileges (e.g., waiting lists) will be included in the matrix.

(6) Miscellaneous:

(a) Any inmate, regardless of incentive level, may be placed on the Security Threat Management caseload.

(b) The use of some or all of an inmate’s incentive property and non-mandated services and privileges may be authorized or restricted by the functional unit manager or designee regardless of the inmate’s incentive level.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 421.440, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075

Hist.: DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01; DOC 15-2001, f. & cert. ef. 7-9-01; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03; DOC 1-2006, f. & cert. ef. 2-15-06; DOC 14-2013, f. 11-18-13, cert. ef. 12-1-13


Rule Caption: Cross-gender searches and searches of transgender and intersex inmates in ODOC custody.

Adm. Order No.: DOC 15-2013(Temp)

Filed with Sec. of State: 12-13-2013

Certified to be Effective: 12-13-13 thru 6-11-14

Notice Publication Date:

Rules Adopted: 291-041-0018

Rules Amended: 291-041-0020

Subject: The Prison Rape Elimination Act (PREA) was passed unanimously by Congress and signed into law by President Bush in 2003. The U.S. Department of Justice finalized and published national PREA standards (28 C.F.R. Part 115) for all prisons, jails, lockups, and detention facilities in the United States in 2012. The final rule adopts national standards to prevent, detect, and respond to incidents of sexual violence, sexual coercion and sexual solicitation. These rule modifications are necessary to ensure ODOC administrative rules for conducting cross-gender searches and searches of transgender and intersex inmates align with the national PREA standards.

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

291-041-0018

Training

The department shall train staff assigned to supervise inmates in how to conduct cross-gender pat-down searches, and searches of transgender and intersex inmates, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

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

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

Hist.: DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14

291-041-0020

Inmates

(1) Search of inmates, living units, work areas, other places they inhabit or frequent, and their property will be conducted regularly on an unannounced and unscheduled basis.

(2) An inspection of each cell, room or dormitory area will occur prior to occupancy by a new inmate.

(3) In conducting searches of an inmate’s living unit, place of work, or other places frequented or inhabited, the employee conducting the search will be expected to leave the search area in an orderly and neat condition. Care will be exercised to ensure that authorized property is not damaged or disposed of.

(4) Inmates may be subject to search at any time; but no more frequently than is necessary to control contraband or to recover stolen or missing property. However, all inmates will be subject to a search on each occasion before and after they leave a Department of Corrections facility, and on each occasion before and after visits, entering or exiting special housing units and before or after contact with persons outside the facility.

(5) The type of search administered will avoid unnecessary force, embarrassment, or indignity to the inmate. Non-intrusive sensors and inspection devices may be used when appropriate.

(6) Frisk Searches: Inmates may be searched only by authorized Department of Corrections personnel or a sworn police officer in the performance of his/her official duty. Cross-gender frisk searches of female inmates will not occur unless there is an emergency, and shall be documented.

(7) Skin Searches: Skin searches conducted by DOC staff will be of the same gender as the inmate, unless there is an emergency. Except in emergencies, inmates undergoing skin searches will be removed to a private area for the search.

(a) The facility shall document all strip searches to include cross-gender and cross-gender visual body cavity searches.

(b) The facility shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status.

(c) If the inmate’s genital status is unknown, it may be determined during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.

(8) Visual inspections for security reasons may be conducted by authorized personnel. All internal examinations must be conducted by medical personnel only upon authorization of the functional unit manager or the officer-of-the-day and only when there is reasonable suspicion as defined in OAR 291-041-0010(16) to justify the search. The inmate’s written consent will not be required; however, an internal search will not be conducted if it could result in injury to the inmate or the personnel conducting the search.

(9) Hair:

(a) If staff need to conduct a hair search, it may be necessary to require the inmate to unbraid, loosen or cut the hair to complete the search.

(b) The inmate will be given an adequate amount of time to unbraid or loosen the hair.

(c) An inmate who refuses to unbraid or loosen the hair is subject to disciplinary action in accordance with the rule on Prohibited Inmate Conduct and Processing of Disciplinary Actions (OAR 291-105).

(d) If the inmate is unable to unbraid or loosen the hair so a search can be accomplished, staff shall conduct the search if possible in the least intrusive manner (e.g., hand wand, visual inspection, etc.). At no time shall staff cut an inmate’s hair to complete a search WITHOUT approval of the functional unit manager or officer-of-the-day.

(e) If an inmate’s hair creates a significant security or operational concern, a religious sincerity test may be conducted as outlined in DOC policy on Searching of Dreadlocks (90.2.1). Based on the results of the sincerity test, the functional unit manager or designee will determine what further action shall be taken.

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 3-1980(Temp), f. & ef. 3-5-80; CD 24-1980, f. & ef. 7-3-80; CD 42-1981, f. & ef. 10-30-81; CD 36-1983(Temp), f. & ef. 10-14-83; CD 11-1984, f. & ef. 4-11-84; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; CD 4-1991, f. & cert. ef. 1-22-91; DOC 2-2008, f. 2-1-08, cert. ef. 2-4-08; DOC 15-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14


Rule Caption: Inmate Grievances Regarding Allegations of Sexual Abuse

Adm. Order No.: DOC 16-2013(Temp)

Filed with Sec. of State: 12-13-2013

Certified to be Effective: 12-13-13 thru 6-11-14

Notice Publication Date:

Rules Adopted: 291-109-0200

Rules Amended: 291-109-0180

Rules Suspended: 291-109-0125

Subject: The Prison Rape Elimination Act (PREA) was passed unanimously by Congress and signed into law by President Bush in 2003. The U.S. Department of Justice finalized and published national PREA standards (28 C.F.R. Part 115) for all prisons, jails, lockups, and detention facilities in the United States in 2012. The final rule adopts national standards to prevent, detect, and respond to incidents of sexual violence, sexual coercion and sexual solicitation. These rule modifications are necessary to ensure ODOC administrative rules for processing of inmate grievances regarding allegations of sexual abuse align with the national PREA standards.

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

291-109-0125

Methods of Reporting Sexual Contact

(1) Inmates should immediately report incidents of information regarding sexual contact between staff and an inmate to a trusted staff or use the Inspector General’s hotline number or both.

(2) Inmates with information or concerns regarding sexual contact between staff and an inmate may also use the inmate grievance review system.

(3) The Inspector General’s hotline number is posted throughout Department of Corrections facilities.

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

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

Hist.: DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11; Suspended by DOC 16-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14

291-109-0180

Abuse of Grievance Review System

(1) An inmate shall submit no more than two inmate grievances in any one week or six in any calendar month. This will not apply to grievances regarding allegations of sexual abuse. A week is defined as Sunday through Saturday. Grievances submitted in excess of two grievances in any one-week or six in any calendar month will be denied and returned to the inmate, noting that he/she has abused the grievance review system.

(2) If a life, health or safety situation arises whereby there is valid reason to submit more than two grievances in one week or six in a calendar month, the inmate must clearly state in writing the reason for submission of the grievance above the number allowed. If the grievance coordinator determines that these reasons are not clear, concise or valid for submission of an additional grievance, the grievance will be returned to the inmate denied.

(3) Actions taken against an inmate who has abused the grievance review system under these rules are not grievable.

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

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

Hist.: DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03; Renumbered from 291-109-0140(6), DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11; DOC 16-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14

291-109-0200

Grievance Regarding Allegations of Sexual Abuse

(1) For purposes of this rule sexual abuse is defined as sexual abuse of an inmate by another inmate and sexual abuse of an inmate by a staff member.

(a) Sexual abuse of an inmate by another inmate includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

(D) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.

(b) Sexual abuse of an inmate by a staff member, contractor or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse or gratify sexual desire;

(D) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

(E) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks that is unrelated to the official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse or gratify sexual desire;

(F) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities descried by paragraphs (A)–(E) of this section;

(G) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and

(H) Voyeurism by a staff member, contactor, or volunteer. Voyeurism by a staff member, contractor or volunteer means an invasion of privacy of an inmate by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.

(2) Grievances alleging sexual abuse must be submitted to the functional unit grievance coordinator on the departments approved inmate grievance form (CD117). The grievance should have the words “sexual abuse grievance” clearly written on the top of the grievance form.

(3) There is no time limit on when an inmate may submit a grievance regarding an allegation of sexual abuse.

(4) Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist inmates in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file such requests on behalf of inmates.

(a) If a third party files such a request on behalf of an inmate, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.

(b) If the inmate declines to have the request processed on his or her behalf, the agency shall document the inmate’s decision.

(5) The grievance coordinator may not refer a grievance alleging sexual abuse to a staff member who is the subject of the grievance. The grievance coordinator will coordinate with the appropriate manager by sending the grievance and a grievance response form (CD 117b) to the manager respondent for reply.

(6) An inmate may appeal the initial grievance response using the grievance appeal form (CD 117c). The appeal must be submitted to the grievance coordinator together with the original grievance, attachments and manager’s response.

(7) The department shall issue a final decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance.

(a) Computation of the 90-day time period shall not include time consumed by inmates in preparing any administrative appeal.

(b) The department may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The department shall notify the inmate in writing of any such extension and provide a date by which a decision will be made.

(c) At any level of the administrative process, including the final level, if the inmate does not receive a response within the time allotted for reply, including any properly noticed extension, the inmate may consider the absence of a response to be a denial of the allegations made by the inmate at that level.

(8) An inmate who alleges that he or she is subject to a substantial risk of imminent sexual abuse may provide the grievance directly to the officer-in-charge (OIC) or the OIC’s designee.

(a) After receiving an emergency grievance alleging an inmate is subject to a substantial risk of imminent sexual abuse, the OIC or the OIC’s designee shall immediately review and take immediate corrective action as necessary to mitigate the risk of sexual assault.

(b) The OIC or the OIC’s designee shall provide the emergency grievance and the initial response to the inmate and the grievance coordinator within 48 hours of the submission of the grievance.

(c) The grievance coordinator will issue to the inmate a final response to the emergency grievance within five days of the submission of the emergency grievance,

(d) The initial and final responses shall document the department’s determination whether the inmate is in substantial risk of imminent sexual abuse and any action, if necessary, taken in response to the emergency grievance.

Stat Auth: ORS 179.040, 423.020, 423.030 and 423.075

Stat Impl: ORS 179.040, 423.020, 423.030 and 423.075

Hist.: DOC 16-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14


Rule Caption: Earned Time Credits for Crimes Committed on or after July 1, 2013

Adm. Order No.: DOC 17-2013(Temp)

Filed with Sec. of State: 12-13-2013

Certified to be Effective: 12-13-13 thru 6-11-14

Notice Publication Date:

Rules Adopted: 291-097-0231

Subject: This temporary rule is necessary to establish by administrative rule changes made to ORS 421.121 with regard to earned time credits from 2010 legislation (SB 1007) that went into effect on July 1, 2013. Inmates serving sentences for crimes committed on or after July 1, 2013 may earn sentence reduction credits up to 20 percent. Some inmates are not eligible for any earned time credits, including inmates serving a sentence for a Measure 11 crime (mandatory minimum).

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

291-097-0231

Earned Time Credits for Crimes Committed on or after July 1, 2013

(1) Pursuant to ORS 421.121, inmates with crimes committed on or after July 1, 2013, may earn sentence reduction credits up to 20 percent of the total sentencing guidelines prison term imposed for acceptable participation in case plan requirements and for maintaining appropriate institution conduct, except inmates:

(a) Serving a sentence subject to ORS 137.635;

(b) Serving presumptive sentences or required incarceration terms under ORS 161.737;

(c) Serving statutory minimum sentences under ORS 137.700 or 137.707;

(d) Serving a presumptive sentence under ORS 137.719;

(e) Subject to ORS 137.750 and whose judgment does not state that the inmate may be considered for sentence reductions;

(f) Serving time as a sanction for violation of conditions of post prison supervision;

(g) Serving a mandatory minimum incarceration term of 90 days under ORS 813.011(3) for Felony Driving under the Influence of Intoxicants under ORS 813.010(5)(a) and 813.011 committed on or after December 2, 2010; or

(h) Subject to any other Oregon statutes restricting earned time credits.

(2) In determining whether an inmate will receive earned time credits for the review period under consideration, inmate performance will be evaluated in two areas: half credit for compliance with the Case Plan and half credit for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.

Stat. Auth: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075

Stats. Impl: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075

Hist.: DOC 17-2013(Temp), f. & cert. ef. 12-13-13 thru 6-11-14


Rule Caption: Arrest and Transport of Offenders

Adm. Order No.: DOC 18-2013

Filed with Sec. of State: 12-13-2013

Certified to be Effective: 12-13-13

Notice Publication Date: 6-1-2013

Rules Amended: 291-014-0100, 291-014-0110, 291-014-0120

Subject: These modifications are necessary to clarify the minimum training standards needed for a parole officer to make an arrest.

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

291-014-0100

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 these rules is to provide community protection by the apprehension and arrest of offenders who engage in violation behavior or are subject to an arrest warrant. Arrest shall be made in the appropriate manner as prescribed by law (ORS 137.550; 144.331; 144.334, 144.350, 144.360, 144.610 and 144.613) and this rule.

Stat. Auth.: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 5-2006, f. & cert. ef. 7-24-06; DOC 18-2013, f. & cert. ef. 12-13-13

291-014-0110

Definitions

(1) Arrest: To place an offender under actual or constructive restraint or to take a person into custody.

(2) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control or probation status.

(3) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training.

(4) Reasonable Grounds: Exists when facts and circumstances within the officer’s knowledge are sufficient to justify a belief that a violation has occurred.

(5) Warrant: A written order made on behalf of the releasing authority, or the court, which commands the officer to arrest the offender.

Stat. Auth.: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 5-2006, f. & cert. ef. 7-24-06; DOC 18-2013, f. & cert. ef. 12-13-13

291-014-0120

Arrest

(1) A parole/probation officer is authorized to make an arrest if the officer participates in a minimum of eight hours annual training in arrest procedures, use of restraints, less than lethal force options, and defensive tactics.

(2) When a warrant has been issued for an offender by the releasing authority or the Court, based on a violation of a release condition, the supervising officer shall cause the execution of any arrest warrant.

(3) In all other arrest cases, at least one of the following criteria must be met:

(a) Reasonable grounds that a violation(s) has occurred and is serious enough to warrant a recommendation of incarceration;

(b) The offender’s behavior constitutes a threat or danger to the community or to himself/herself.

Stat. Auth.: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 137.545, 144.331, 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 5-2006, f. & cert. ef. 7-24-06; DOC 18-2013, f. & cert. ef. 12-13-13

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, 2013.

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

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