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Oregon Bulletin

April 1, 2011

 

Department of Corrections
Chapter 291

Rule Caption: Inmate Discrimination Complaints.

Adm. Order No.: DOC 2-2011

Filed with Sec. of State: 2-23-2011

Certified to be Effective: 3-1-11

Notice Publication Date: 11-1-2010

Rules Adopted: 291-006-0011, 291-006-0012, 291-006-0031, 291-006-0035, 291-006-0040, 291-006-0045

Rules Amended: 291-006-0005, 291-006-0015

Rules Repealed: 291-006-0020, 291-006-0025

Subject: Amendment of these rules is necessary to establish and update policy and procedures for the department’s internal inmate discrimination complaint process. These rules have not been revised since 1997; and the department has a structured process to investigate any inmate complaint alleging perceived discrimination. These amendments further clarify the process for an inmate to file a discrimination complaint, set time frames within the process for inmate submission of a complaint and staff response to the complaint, and establish a review by the Inspector General of the department’s response to a discrimination complaint.

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

291-006-0005

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 these rules is to establish Department of Corrections policy and procedures for inmates to obtain internal review, investigation, and resolution of perceived instances of unfair discriminatory practices and action by the department based on race, gender, color, national origin, religion, age, marital status or disability.

(3) Policy: Within the inherent limitations of resources and the need to maintain internal security, good order, and discipline in Department of Corrections facilities, the health and safety of inmates, staff and volunteers, and to promote inmate rehabilitation, it is the policy of the Department of Corrections:

(a) That all inmates are treated fairly, equitably, and that staff actions and decisions be consistent with the rules, policies, and procedures of the department.

(b) To permit and encourage inmates to seek resolution of issues or disputes related to perceived instances of discriminatory practices or actions using the department’s internal discrimination complaint system established in these rules.

(c) To promptly and thoroughly investigate any complaint alleging perceived discrimination and, if appropriate, take measures to resolve the issue.

(d) No person shall be discriminated against, intimated, threatened, coerced, or suffer any form of retaliation or reprisals, because the person has opposed unlawful discrimination, filed a complaint, testified, assisted, or participated in any manner, in any proceeding regarding unlawful discrimination or has attempted to do so.

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

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

Hist.: CD 22-1986(Temp), f. 7-25-86, ef. 9-1-86; CD 40-1986, f. & ef. 10-17-86; CD 12-1995, f. & cert. ef. 7-7-95; CD 19-1997, f. 10-27-97, cert. ef. 11-1-97; DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0011

Definitions

(1) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department sanctioned assignment to provide services or support to department programs.

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

(3) Disability: With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

(4) Discrimination Complaint Coordinator: An employee who is assigned by the functional unit manager to review and investigate incidents of perceived discrimination. In a DOC facility, the discrimination complaint coordinator may also be the grievance coordinator.

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

(6) Inmate Communication Form: An official Department of Corrections form (CD 214) commonly referred to as a “kyte or kite.” The form is designed for inmate use in communicating with employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing, when appropriate, to the inmate.

(7) Inmate Discrimination Complaint Review Committee; A workgroup chaired by a manager designated by the Inspector General and made up of inmate grievance coordinators, discrimination complaint coordinators, the Chief of Inmate Services, and department subject matter experts. The committee meets monthly to review inmate discrimination complaints, investigations, and responses when a review has been requested by an inmate.

(8) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(9) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises.

(10) Volunteer; An approved person who donates time, knowledge, skill or 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 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0012

Inmate-Staff Communications (General Principles)

(1) Proper and effective communication between inmates and staff is essential to the safe, secure, and orderly operation of Department of Corrections facilities and to the successful completion of the inmate’s corrections plans.

(a) Inmates and staff communicate with each other not only with their choice of words (oral or written), but also non-verbally through their manner, tone, and approach (commonly referred to as “body language”).

(b) Inmates and staff are jointly responsible for ensuring their choice of words, manner, tone and approach are appropriate to properly and effectively convey their intended information and ideas to one another.

(2) Inmates shall communicate with staff in a civil and respectful tone and manner.

(3) Staff shall communicate with inmates in a professional manner that fosters respect and confidence. Staff orders directed to inmates should be clear and concise.

(4) Staff shall make every effort to respond to an inmate communication form (CD 214) within seven days of receipt.

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

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

Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0015

Internal Complaint Process

(1) General Information:

(a) An inmate that believes he/she has been subjected to discrimination by the department or by an employee, contractor, or volunteer of the department or the Oregon Corrections Enterprises on the basis of race, color, national origin, gender, religion, age, marital status, or disability may seek resolution of his/her complaint or issue through the department’s internal discrimination complaint process by completing the department’s approved discrimination form (CD 1086D) and submitting it to the designated functional unit discrimination complaint coordinator.

(b) If an inmate cannot complete the complaint form due to a language, physical, or competency or capacity barrier, another person may complete the complaint form.

(A) However, the inmate submitting the form must sign the discrimination complaint form.

(B) Translation services or other assistance for submission of an inmate discrimination form for non-English speaking inmates or inmates who have difficulty with reading and writing will be made available upon request.

(c) Inmates who have submitted a discrimination complaint shall be treated in a professional and respectful manner.

(d) Functional unit managers or designees shall ensure the approved inmate discrimination forms are available to inmates in DOC correctional facilities.

(2) An inmate cannot file a discrimination complaint regarding the following:

(a) Complaints relating to actions or decisions not within the authority of the department (as an example, actions by the Board of Parole, county jails or court action);

(b) Incidents or actions for which there exists a separate internal department appeal or review process; for example, rejection or confiscation of mail, visiting, classification issues, etc.

(c) Incidents or actions in which the inmate was not directly involved or affected;

(d) Claims or issues that the inmate is pursuing in pending litigation in state or federal courts; or

(e) Claims or issues for which the inmate has filed a Notice of Tort Claim with the Oregon Department of Administrative Services, Risk Management Division;

(3) An inmate may not file more than one discrimination form on a single incident or issue.

(4) An inmate may not file a discrimination complaint and a grievance regarding the same incident.

(5) An inmate may submit only his/her signature on a single discrimination complaint form.

(6) An inmate may file a discrimination complaint regarding the same issue as previously filed provided there is another incident and new information is available about the issue.

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

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

Hist.: CD 22-1986(Temp), f. 7-25-86, ef. 9-1-86; CD 40-1986, f. & ef. 10-17-86; CD 12-1995, f. & cert. ef. 7-7-95; CD 19-1997, f. 10-27-97, cert. ef. 11-1-97; DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0031

How and When a Discrimination Complaint is filed

(1) When submitting an inmate discrimination complaint, inmates must include on the approved discrimination complaint form (CD 1086D), a complete description of the incident, action or application of rule that directly impacted the submitting inmate and how the inmate believes it has subjected him/her to discrimination.

(2) The discrimination complaint coordinator must receive the discrimination complaint within 30 calendar days of the last date of the incident giving rise to the discrimination complaint.

(a) The discrimination complaint coordinator will date stamp and log the discrimination form upon receipt.

(b) A discrimination complaint received more than 30 days after the last date of the incident giving rise to the complaint will be rejected as untimely.

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

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

Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0035

Processing of Inmate Discrimination Complaints

(1) Upon receiving an inmate discrimination complaint, the discrimination complaint coordinator will assign the complaint a number and record it in a discrimination log.

(2) After the complaint has been logged, the discrimination complaint coordinator will send a receipt to the inmate. 

(a) If the discrimination complaint is rejected for failure to comply with the requirements and procedures for submitting discrimination complaints provided in these rules, the discrimination complaint coordinator will provide the inmate with a written statement of the reason(s) for the rejection on the receipt form. 

(c) A copy of the denied complaint will be sent to the Director or designee.

(3) If the discrimination complaint is accepted for processing, the discrimination complaint coordinator will investigate the matter or, if more suitable, will coordinate with an appropriate manager to initiate an investigation into the alleged incident or issue.  Staff may be required to submit written information for consideration by the discrimination complaint coordinator during the investigation of the incident.

(4) The discrimination complaint coordinator will complete the investigation and brief the functional unit manager. 

(a) The functional unit manager or designee will prepare a response.

(b) The discrimination complaint coordinator will send the inmate the response within 60 calendar days from the date of receipt of the discrimination complaint, unless further investigation or review is necessary. 

(c) If the discrimination complaint is not processed within this timeframe, the discrimination complaint coordinator will make an effort to notify the inmate of the status of the discrimination complaint.

(d) If the inmate does not receive a response within the allotted timeframe, he/she may contact the discrimination complaint coordinator for information regarding when he/she may expect a response.

(5) A copy of the discrimination complaint, investigative documents and the functional unit manager’s response will be sent to the Inspector General or designee.

(6) A copy of the discrimination complaint and functional unit manager’s response will be sent to the Director or designee.

(7) Discrimination complaint responses may be consolidated.

(8) If at any time the discrimination complaint coordinator determines that the inmate is pursuing his/her complaint or issue in pending litigation in state or federal courts, including submitting to state officials a Notice of Tort Claim, the discrimination complaint process will cease and the complaint will be returned to the inmate. The discrimination complaint coordinator will retain a copy of the inmate’s discrimination complaint and document the date and reason for return of the complaint.

(9) A discrimination complaint that has been returned to the inmate by the discrimination complaint coordinator for procedural reasons cannot be reviewed. An inmate may elect to resubmit the discrimination complaint if the procedural errors can be corrected.

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

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

Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0040

Discrimination Complaint Reviews

(1) An inmate may obtain a review of the department’s response to his/her discrimination complaint by sending an inmate communication form to the discrimination complaint coordinator requesting a review. The inmate must attach the original discrimination complaint, original attachments and the department’s response.

(a) The scope of the original complaint cannot be expanded. No additional information may be submitted unless it was unavailable to the inmate at the time the original discrimination complaint was filed, and the information is directly related to the alleged initial complaint.

(b) The discrimination complaint coordinator will date stamp and log the review request.

(c) The inmate will be sent a response to the inmate communication form stating the review was forwarded to the Inspector General and the Inmate Discrimination Complaint Review Committee.

(2) Review Timelines:

(a) The discrimination complaint coordinator must receive the inmate’s review request within 14 calendar days from the date that the department’s discrimination response was sent to the inmate from the discrimination complaint coordinator.

(b) Review requests received more than 14 days from the date that the department’s discrimination response was sent to the inmate will be rejected as untimely.

(c) An inmate’s review request will be responded to by the Inspector General or designee within 60 calendar days from the date the review was received, unless further investigation is necessary.

(d) If the discrimination complaint review is not processed within this timeframe, the discrimination complaint coordinator will make an effort to notify the inmate of the status of the discrimination complaint. If the inmate does not receive a response within the allotted timeframe, he/she may contact the discrimination complaint coordinator.

(3) The review decisions made by the Inspector General or designee are final and not subject to further review.

(4) A copy of the review decision will be sent to the Director or designee.

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

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

Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0045

Retention and Filing of Inmate Discrimination Complaints

(1) The discrimination complaint coordinator will retain a file copy of discrimination complaints with pertinent documents, including a review, according to the department’s approved retention schedule for these records.

(2) Inmate discrimination complaints will not be filed in the inmate’s working file.

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

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

Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

 

Rule Caption: Inmate Grievance Review and Appeal System.

Adm. Order No.: DOC 3-2011

Filed with Sec. of State: 2-23-2011

Certified to be Effective: 3-1-11

Notice Publication Date: 11-1-2010

Rules Adopted: 291-109-0125

Rules Amended: 291-109-0100, 291-109-0110, 291-109-0120, 291-109-0140, 291-109-0150, 291-109-0160, 291-109-0170, 291-109-0180, 291-109-0190

Subject: Amendment of these rules is necessary to revise and update the department’s inmate grievance review system. These rules have not been modified since 2006; and since that time there have been significant changes in state laws and department policies that affect the inmate population that may result in issues between the inmates and staff. These amendments provide clarification of the process for an inmate to submit a grievance; further define what an inmate can and cannot grieve; and encourage inmates to report information or concerns regarding the behavior or conduct of staff that may directly threaten the life, health, and safety of staff or inmates.

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

291-109-0100

Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish department policy and procedures for inmate communication with staff and the administration of the department’s internal grievance review and appeal system for inmates confined in Department of Corrections facilities.

(3) Policy:

(a) It is the policy of the Department of Corrections to encourage inmates to address their concerns informally with appropriate staff and managers through either dialog or by utilizing inmate communication forms. Inmates having information or concerns regarding the conduct or behavior of staff that may directly threaten the life, health, and safety of staff or inmates are also encouraged to communicate their information and concerns to the department using such other systems as the department may develop, for example, the Inspector General’s hotline.

(b) Recognizing that due to the complex nature of the correctional setting some issues or disputes between staff and inmates may not be readily resolved at an informal level, it is the policy of the Department of Corrections to permit and encourage inmates to seek resolution of issues or disputes using the department’s internal inmate grievance review and appeal system established in these rules.

(c) Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that all inmates be treated fairly and equitably, and that staff actions and decisions be consistent with the rules, policies and procedures 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 3-2003, f. 2-13-03, cert. ef. 3-1-03; DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

291-109-0110

Definitions

(1) Administrative Directive: A term used to describe in general a Department of Corrections rule or policy signed by the Director or Deputy Director.

(2) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.

(3) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department sanctioned assignment to provide services or support to department programs.

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

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

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

(7) Inmate Communication Form: An official Department of Corrections form (CD 214) commonly referred to as a “kyte or kite.” The form is designed for inmate use in communicating with employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing, when appropriate, to the inmate.

(8) Inspector General’s Hotline: A phone number, maintained and paid for by the department, where inmates may report misconduct by other inmates and abuse of lawful authority or criminal activity of department staff in order to protect the life, health, and safety of both staff and inmates.

(9) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(10) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises.

(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.: CD 3-1979, f. 1-18-79, ef. 1-25-79; CD 34-1981(Temp), f. & ef. 8-7-81; CD 5-1982, f. & ef. 1-29-82; CD 39-1983(Temp), f. & ef. 10-14-83; CD 6-1984, f. & ef. 4-9-84; CD 53-1985, f. & ef. 8-16-85; CD 56-1986, f. & ef. 12-5-86; CD 13-1992, f. 6-15-92, cert. ef. 6-26-92; DOC 29-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 17-2000, f. & cert. ef. 6-19-00; Renumbered from 291-109-0010, DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03; DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

291-109-0120

Inmate-Staff Communications (General Principles)

(1) Proper and effective communication between inmates and staff is essential to the safe, secure, and orderly operation of Department of Corrections facilities and to the successful completion of the inmate’s corrections plans.

(a) Inmates and staff communicate with each other not only with their choice of words (oral or written), but also non-verbally through their manner, tone, and approach (commonly referred to as “body language”).

(b) Inmates and staff are jointly responsible for ensuring their choice of words, manner, tone and approach are appropriate to properly and effectively convey their intended information and ideas to one another.

(2) Inmates shall communicate with staff in a civil and respectful tone and manner.

(3) Staff shall communicate with inmates in a professional manner that fosters respect and confidence. Staff orders directed to inmates should be clear and concise.

(4) Staff shall make every effort to respond to an inmate communication form within seven days of receipt.

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; DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

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

291-109-0140

Grievance Review System

(1) General Requirements:

(a) If an inmate is unable to resolve an issue through informal communications, the department encourages the inmate to seek resolution of the issue by submitting a written grievance using the department’s approved inmate grievance form (CD 117) in accordance with these rules. As with informal communications, inmates should use a civil and respectful tone and manner in their written grievances to attempt to resolve the issue or concern.

(b) An inmate grievance must include a complete description of the incident, action, or application of the rule being grieved, including date and approximate time.

(A) Only supporting documentation that directly relates to the issue being grieved, such as program failures, inmate communications, etc., should be attached and submitted with the grievance.

(B) Inmate grievances and supporting attachments that directly relate to the issue being grieved meet the standard for photocopying detailed in the rule on Legal Affairs, OAR 291-139-0040 (Supplies, Photocopying, Mailing, and Notary Services). However, library coordinators may limit photocopying of irrelevant or excessive amounts of supporting attachments.

(c) An inmate who attempts to grieve an issue by use of an inmate communication form or any written communication other than the department’s approved inmate grievance form shall have his/her communication returned to him/her with instruction that the inmate resubmit the grievance on the department’s approved inmate grievance form.

(d) An inmate grievance may request review of just one matter, action or incident per inmate grievance form.

(2) An inmate may file a single grievance concerning any of the following matters:

(a) The misapplication of any administrative directive or operational procedure;

(b) The lack of an administrative directive or operational procedure;

(c) Any unprofessional behavior or action which may be directed toward an inmate by an employee, contractor, or volunteer of the Department of Corrections or the Oregon Corrections Enterprises;

(d) Any oversight or error affecting an inmate;

(e) A program failure as defined in the DOC rule on Performance Recognition and Award System (Inmate), OAR 291-077-0020, unless the program failure is a direct result of a misconduct report where the inmate was found in violation;

(f) The loss or destruction of property as designated in the DOC rule on Personal Property (Inmate), OAR 291-117-0130 (3); or

(g) Sexual contact, solicitation or coercion between an employee or contractor and an inmate.

(3) An inmate cannot grieve the following:

(a) Grievances relating to actions or decisions not within the jurisdiction of the department (for example, actions by the Board of Parole and Post Prison Supervision);

(b) Incident(s) or action(s) for which there exists a separate internal department appeal or review process; for example, rejection or confiscation of mail, visiting, discrimination complaints, classification issues, etc.;

(c) Daily fails as defined in the DOC rule on Performance Recognition and Award System (Inmate), OAR 291-077-0020;

(d) Conduct orders, investigations leading to a conduct order, or conduct order sanction(s);

(e) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings and sanctions;

(f) Incident(s) or problem(s) to which an inmate was not a party;

(g) The action or decision of more than one DOC or OCE employee, volunteer or contractor on a single grievance form;

(h) Claims or issues for which the inmate has filed a Notice of Tort with the Oregon Department of Administrative Services, Risk Management Division;

(i) Claims or issues that the inmate is pursuing in pending litigation in state or federal courts; or

(j) Group grievances representing other inmates, or acts where an inmate is a spokesperson for other inmates.

(4) An inmate may submit only his/her signature on a single grievance form.

(5) An inmate may not file more than one grievance regarding a single incident or issue.

(6) An inmate may file a grievance regarding the same issue as a previously filed grievance provided there is another incident and new information is available about the issue.

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

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; DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

291-109-0150

How and When a Grievance is Filed

(1) Inmate grievances must be submitted to the functional unit grievance coordinator on the department’s approved inmate grievance form (CD117). Instructions for filing a grievance are found on form CD117a (Inmate Grievance Instructions).

(2) To obtain a grievance review, the functional unit grievance coordinator must receive an inmate’s grievance within 30 calendar days of the date of the incident giving rise to the grievance. The grievance coordinator shall date stamp and log the grievance form upon receipt.

(3) If an inmate cannot complete the grievance form due to language, physical, or competency and capacity barriers, another person may complete the form. However, the inmate submitting the grievance must sign the grievance form. Translation services or other assistance for submission of a grievance form for non-English speaking inmates or inmates that have difficulty with reading and writing will be made available upon request.

(4) Functional unit managers or designees shall ensure the approved inmate grievance forms are readily available to inmates in DOC correctional 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 3-2003, f. 2-13-03, cert. ef. 3-1-03; Renumbered from 291-109-0140(3), DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

291-109-0160

Processing of Inmate Grievances

(1) Upon receiving an inmate grievance, the grievance coordinator will assign the grievance a number and record its receipt in an inmate grievance log.

(a) After the inmate grievance has been logged, the grievance coordinator will send a grievance receipt to the inmate.

(b) The grievance coordinator will coordinate with the appropriate staff or, if deemed more suitable, the appropriate manager by sending the grievance and a grievance response form (CD 117b) to the staff or manager respondent for reply.

(c) The respondent will complete the form and submit it to his/her manager for review and signature. The response shall be returned to the grievance coordinator for processing within 21 calendar days.

(2) After recording, the grievance coordinator will send the inmate grievance and employee’s, contractor’s, or volunteer’s response to the inmate and retain copies for the file.

(a) The grievance coordinator will complete processing of the grievance within 45 days from the date the grievance was received from the inmate, unless further investigation is necessary.

(b) If the grievance is not processed within this timeframe, the grievance coordinator will make an effort to notify the inmate of the status of the grievance. If the inmate does not receive a response within the allotted time frame, he/she may contact the grievance coordinator.

(3) Grievance responses may be consolidated.

(4) If at anytime the grievance coordinator determines the inmate has pursued his/her issue through state or federal courts, or has filed a notice of tort claim, the grievance process will cease and the grievance will be returned to the inmate. The grievance coordinator will retain a copy of the inmate’s grievance and document the date and reason for return of the grievance.

(5) A grievance that has been returned to the inmate by the grievance coordinator for procedural reasons cannot be appealed. The inmate may elect to resubmit the grievance to the grievance coordinator within 14 calendar days from the date the grievance was sent back to the inmate if the procedural errors can be corrected.

(6) Once an inmate is released from the custody of the Department of Corrections, any pending grievances or pending appeal responses will be completed and held on file unless other arrangements have been made with the grievance coordinator. No further appeals will be accepted for processing once the inmate is released from the custody of the Department of 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 3-2003, f. 2-13-03, cert. ef. 3-1-03; Renumbered from 291-109-0140(4), DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

291-109-0170

Grievance Appeals

(1) Appeals of the Initial Grievance (First Appeal Process):

(a) 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 staff response(s).

(A) The scope of the original grievance cannot be expanded. No additional information may be submitted unless the information was unavailable to the inmate at the time the original grievance was filed and the information is directly related to the alleged issue being grieved.

(B) After the appeal has been date stamped and logged, the inmate will be issued a return receipt, and the grievance appeal will be forwarded to the functional unit manager having authority to review and resolve the issue.

(b) Appeal Timelines: The grievance coordinator must receive an appeal within 14 calendar days from the date that the grievance response was sent to the inmate from the grievance coordinator.

(c) The functional unit manager shall respond to the inmate’s grievance appeal within 30 calendar days from the date the appeal was received by the functional unit manager. The functional unit manager will return the grievance appeal and the response back to the grievance coordinator.

(2) Appeal of the Functional Unit Manager Decision (FINAL Appeal Process):

(a) An inmate may appeal the functional unit manager’s decision using the grievance appeal form (CD 117c). The appeal must be submitted to the grievance coordinator together with the original grievance, attachments, staff responses and documentation related to the first grievance appeal.

(A) The scope of the original grievance cannot be expanded. No additional information may be submitted unless the information was unavailable to the inmate at the time the original grievance or first-level appeal was filed and the information is directly related to the alleged issue being grieved.

(B) After the appeal has been date stamped and logged, the inmate will be issued a return receipt. The grievance appeal will be forwarded to the Assistant Director having authority to review and resolve the issue.

(b) The Assistant Director or designee shall review the final grievance appeal. If the Assistant Director determines additional facts should have been gathered or additional witnesses interviewed, the grievance appeal will be referred back to the functional unit grievance coordinator. Upon completion of the investigation, the Assistant Director shall complete the review.

(c) Final Appeal Timelines: The grievance coordinator must receive the final appeal within 14 calendar days from the date that the first grievance appeal response was sent to the inmate from the grievance coordinator. The Assistant Director or designee shall respond to the inmate’s grievance appeal within 30 calendar days from the date the appeal was received by the Assistant Director.

(d) The Assistant Director’s or designee’s decision on an inmate’s grievance appeal is final, and is not subject to further review.

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(5), DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

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. 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

291-109-0190

Retention and Filing of Inmate Grievances

(1) The grievance coordinator will retain a file copy of grievances with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records.

(2) Inmate grievances will not be filed in the inmate’s working file.

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(7), DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11

 

Rule Caption: Mail for inmates that contains clippings or copies in which the subject is nude or partially nude

Adm. Order No.: DOC 4-2011(Temp)

Filed with Sec. of State: 3-4-2011

Certified to be Effective: 4-1-11 thru 9-28-11

Notice Publication Date:

Rules Amended: 291-131-0020, 291-131-0025, 291-131-0035, 291-131-0037

Subject: These temporary rule amendments are necessary to clearly establish department policy that incoming and outgoing mail to inmates that contains clippings or copies in which a subject is nude or partially nude is prohibited.

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

291-131-0020

Outgoing Mail

(1) Outgoing mail must be written with lead or color pencil, pen, nontoxic markers or be typewritten or photocopied.

(2) Outgoing mail, except business mail to department officials in Central Administration sent through the intra departmental mail system, shall be enclosed in an approved DOC envelope with U.S. postage. The outside of the envelope shall contain only the inmate’s committed name, SID number, and return address, and the addressee’s name and address, except official or legal mail labeled as such in accordance with OAR 291-131-0030. If the sender cannot be identified, the mail will be destroyed.

(3) Business mail to Department of Corrections officials in Central Administration shall require the inmate’s complete name, SID number, housing assignment, and return address and the official’s complete name and address.

(4) Outgoing electronic messages shall include the full name and address of the intended recipient and the name and SID number of the inmate sender.

(5) Inmates shall not send any item “prohibited from receipt by mail” as described under OAR 291 131 0035, except as authorized by the functional unit manager.

(6) Inmate-to-Inmate Correspondence:

(a) Inmates are authorized to correspond with other inmates if the correspondence is otherwise in compliance with department rules. Inmates shall not send newspaper or magazine clippings and tear-outs, photocopies, printed web pages, drawings, photographs or any other material, other than correspondence, to themselves or to another inmate through the mail.

(b) All inmate to inmate correspondence shall be routed through the U.S. Postal Service.

(c) Inmates shall not enclose correspondence other than from the inmate sender whose name and return address appears on the front of the envelope. Inmates shall not request another inmate to forward correspondence beyond the immediate addressee.

(d) Inmates shall not send a package to another inmate.

(7) Inmates shall not use electronic messaging to correspond with other inmates.

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

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

Hist.: CD 18(Temp), f. & ef. 12-18-73 thru 4-17-74; CD 22, f. 6-27-74, ef. 7-25-74; CD 1-1979, f. & ef. 1-4-79; Renumbered from 291-010-0305, CD 11-1980(Temp), f. & ef. 4-10-80; CD 16-1980(Temp), f. & ef. 4-18-80; CD 28-1980, f. & ef. 8-22-80; CD 22-1983(Temp), f. & ef. 6-3-83; CD 27-1983, f. & ef. 7-11-83; CD 57-1985, f. & ef. 8-16-85; CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 1-1992, f. & cert. ef. 1-29-92; CD 10-1993, f. 5-5-93, cert. ef. 7-1-93; DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98; DOC 20-2001, f. & cert. ef. 12-17-01; DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02; DOC 5-2007(Temp), f. & cert. ef. 8-1-07 thru 1-27-08; DOC 1-2008, f. & cert. ef. 1-25-08; DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11

291-131-0025

Incoming Mail

(1) Incoming mail shall require the sender’s name and return address on the front of the envelope and shall be addressed to the inmate using only his/her committed name and SID number. Incoming electronic messages shall include the name and address of the sender as part of the message and the full name and SID number of the inmate recipient.

(a) Mail whose recipient cannot be identified because of incomplete name or number will be returned to the sender. A reasonable attempt will be made to identify the inmate recipient. If the inmate recipient cannot be positively identified, the mail will be returned to the sender.

(b) Mail with no return address or an incomplete name and return address shall be refused and returned to the U.S. Postal Service or other authorized mail service provider.

(c) The placement of the return address for international mail shall be in accordance with the sending country’s postal regulations.

(2) Incoming mail must be in pen, lead or color pencil, non-toxic markers or be typewritten or photocopied.

(3) Transfers:

(a) Incoming mail to inmates not residing in the receiving facility will be forwarded to the inmate if he/she resides at another Department of Corrections facility.

(b) Incoming mail for inmates temporarily transferred to another criminal justice agency will be held at the facility for seven consecutive days. If the inmate does not return to the facility within seven days, the facility will forward to the agency all accumulated and subsequent mail received at the facility. If the criminal justice agency refuses the forwarded mail, it will be held at the department facility until the inmate has been returned.

(4) Mail received for an inmate who has been released, discharged, or has escaped shall be refused and returned to the U.S. Postal Service or other authorized mail service provider.

(5) New and used books, magazines, and newspapers shall only be received directly from the publisher or distributor.

(a) Multiple copies of the same publication to an inmate shall be prohibited.

(b) Publications that have been previously rejected by the department and altered (i.e., offending pages removed) shall be prohibited.

(6) Inmates may receive catalogs, advertisements, brochures, promotional materials, pamphlets, sweepstakes, and contest materials solicited by the inmate provided the materials are properly addressed with the inmate’s full name and SID number and are received directly at the correct address of where the inmate is currently housed. These materials must conform to any content restrictions contained within this rule.

(7) No notice or administrative review will be provided to the sender or intended inmate recipient for mail refused under subsections (5)(a) and (b) or (6) of this rule.

(8) Packages, except books, magazines, and newspapers received directly from the publisher or distributor, require prior authorization from the functional unit manager or designee.

(9) Central Administration Review of Publications:

(a) Facility mailroom staff shall stamp approval of all accepted books, magazines and other publications (except newspapers) on the front or inside front cover of the publication, together with the inmate’s name, SID number, date accepted, and the authorizing staff’s signature. Books and magazines without the completed stamp on the front or inside the front cover shall be unauthorized and considered contraband.

(b) Unauthorized attachments, enclosures, merchandise, or materials in publications may be removed and destroyed to allow the publication to be delivered to the intended inmate recipient, if the publication is otherwise in compliance with these rules, and doing so would not drastically alter/destroy the publication.

(c) If mailroom staff determine a publication contains material that is prohibited under these or other department administrative rules, the violation notice and prohibited material shall be reviewed by a designated Central Administration official, who will either affirm, reverse or otherwise modify the original rejection decision in writing. The reviewing official shall not take part in any subsequent administrative review of the rejected publication under OAR 291-131-0050.

(10) General correspondence shall be authorized up to 1/4 inch thickness. Legal and official mail received directly from the original source shall be authorized up to three inches thick. Legal and official mail in excess of three inches shall require prior approval from the functional unit manager or designee.

(11) Unauthorized Attachments and Enclosures:

(a) Only the canceled postage stamp, address label, and return address stamp (if used) attached to the front of an envelope or package shall be glued, taped or otherwise affixed to an envelope or package, or its contents.

(b) Only written correspondence, newspaper and magazine clippings and tear-outs, small pamphlets, photocopies, carbon copies, business cards, hand made drawings, printed web pages, and photographs that meet the content restrictions in these rules may be enclosed in the envelope.

(A) Unauthorized items with minimal monetary value (e.g., paper clips, rubber bands, uncancelled stamps, book marks, envelopes, blank paper, etc.) may be removed and destroyed and the remaining mail sent to the inmate if the remaining contents are otherwise in compliance with department rules.

(B) Small pamphlets, photocopies, carbon copies and hand-made drawings shall be allowed provided the contents do not exceed the one fourth inch thickness limitation as specified in section (10) above.

(C) Newspaper and magazine clippings and photographs shall not exceed ten items for each category.

(D) Freestanding Nude or Partially Nude Images: Newspaper and magazine clippings and tear-outs, photocopies, printed web pages, drawings, photographs, and other media with nude or partially nude subjects, whether human or anime (i.e., cartoon), that depict or display male or female genitalia, pubic area or anus, or expose the areola, may not be attached to or enclosed in correspondence to inmates.

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

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

Hist.: CD 18(Temp), f. & ef. 12-18-73 thru 4-17-74; CD 22, f. 6-27-74, ef. 7-25-74; CD 1-1979, f. & ef. 1-4-79; Renumbered from 291-010-0310, CD 11-1980(Temp), f. & ef. 4-10-80; CD 16-1980(Temp), f. & ef. 4-18-80; CD 28-1980, f. & ef. 8-22-80; CD 22-1983(Temp), f. & ef. 6-3-83; CD 27-1983, f. & ef. 7-11-83; CD 41-1983(Temp), f. & ef. 10-14-83; CD 13-1984, f. & ef. 4-11-84; CD 57-1985, f. & ef. 8-16-85; CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 1-1992, f. & cert. ef. 1-29-92; CD 10-1993, f. 5-5-93, cert. ef. 7-1-93; DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98; DOC 12-2001(Temp) f. & cert. ef. 6-20-01 thru 12-17-01; DOC 20-2001, f. & cert. ef. 12-17-01; DOC 4-2002(Temp), f. & cert. ef. 3-25-02 thru 9-21-02; DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02; DOC 5-2007(Temp), f. & cert. ef. 8-1-07 thru 1-27-08; DOC 1-2008, f. & cert. ef. 1-25-08; DOC 17-2008, f. 7-18-08, cert. ef. 7-21-08; DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11

291-131-0035

Prohibited Mail

The following materials constitute prohibited mail which shall be confiscated or returned to the sender:

(1) Sexually Explicit Material:

(a) Sexually explicit material which by its nature or content poses a threat or is detrimental to the security, good order or discipline of the facility, inmate rehabilitation, or facilitates criminal activity including, but not limited to, the following:

(A) Sexual Acts or Behaviors:

(i) Portrayal of actual or simulated sexual acts or behaviors between human beings including, but not limited to, intercourse, sodomy, fellatio, cunnilingus or masturbation.

(ii) Portrayal of actual or simulated penetration of the vagina or anus, or contact between the mouth and the breast, genitals, or anus.

(iii) Portrayal of actual or simulated stimulation of the breast, genitals, or anus.

(iv) Portrayal of actual or simulated acts or threatened acts of force or violence in a sexual context, including, but not limited to, forcible intercourse (rape) or acts of sadomasochism emphasizing the infliction of pain.

(v) Portrayal of actual or simulated sexual acts or behaviors in which one of the participants is a minor, or appears to be under the age of 18.

(vi) Bestiality: Portrayal of actual or simulated sexual acts or behaviors between a human being and an animal.

(B) Excretory Functions: Portrayal of actual or simulated human excretory functions, including, but not limited to, urination, defecation, or ejaculation.

(C) Personal photographs in which the subject is nude; displays male or female genitalia, pubic area, or anus; or exposes the areola.

(D) Freestanding Nude or Partially Nude Images: Newspaper and magazine clippings and tear-outs, photocopies, printed web pages, drawings contained in incoming mail, and photographs, with nude or partially nude subjects, whether human or anime (i.e., cartoon), that depict or display male or female genitalia, pubic area or anus, or expose the areola.

(b) No distinction shall be made between depictions of heterosexual and homosexual activity in applying these standards.

(c) Sexually explicit material does not include material of a news or information type, for example, publications covering the activities of gay rights or gay religious groups.

(d) Literary publications shall not be excluded solely because of homosexual themes or references, except for violations of these rules.

(e) Sexually explicit material may be admitted if it has scholarly value, or general social or literary value.

(2) Material That Threatens or is Detrimental to the Security, Safety, Health, Good Order or Discipline of the Facility, Inmate Rehabilitation, or Facilitates Criminal Activity: Material which by its nature or content poses a threat or is detrimental to the security, safety, health, good order or discipline of the facility, inmate rehabilitation, or facilitates criminal activity, including, but not limited to, material that meets one or more of the following criteria:

(a) It incites, advocates, aids or abets criminal activity such as illegal drug use, or instructs in the manufacture, use or conversion of weapons.

(b) It incites, advocates, aids or abets escape, such as picking locks or digging tunnels.

(c) It consists of threats of physical harm to any person or threats of criminal activity.

(d) It contains or concerns sending contraband within, into or out of the facility.

(e) It concerns plans for activities in violation of other Department of Corrections administrative directives.

(f) It contains code that directly threatens or is detrimental to the security, safety, health, good order, or discipline of the facility, inmate rehabilitation, or facilitates criminal activity.

(g) It contains information which, if communicated, would create a clear and present danger of violence and physical harm to a human being.

(h) It contains contraband material.

(i) It contains STG-related paraphernalia.

(j) It contains inflammatory material.

(k) It contains role-playing or similar fantasy games or materials.

(3) Credit or Deferred Billing Transactions: Mail involving credit or deferred billing (e.g., “bill me later” or “payment after delivery”) transactions for the purchase of or subscription to publications (e.g., books, newspapers, magazines) or other items or merchandise is prohibited. Mail prohibited under this subsection includes:

(a) Outgoing inmate requests or purported agreements to enter into a credit or deferred billing transaction.

(b) Incoming publications or other items or merchandise, including promotions (e.g., free gift or premium) items given in exchange for purchase or subscription, received in a Department of Corrections facility which are accompanied by a billing or other statement requiring payment upon delivery or at a later date.

(4) Unauthorized Business Transactions: Mail involving a business transaction not previously approved by the functional unit manager or designee.

(5) Items Prohibited From Receipt by Mail:

(a) Any item or material which an inmate shall not possess within the Department of Corrections facility to which the inmate is assigned.

(b) Material which an inmate shall not possess within the facility or which meets one of the following criteria:

(A) Weapons or explosives;

(B) Narcotics or narcotics paraphernalia;

(C) Intoxicants or medications;

(D) Escape devices;

(E) Money, negotiable instruments, deposit and withdrawal slips, uncancelled stamps, and stamp collections;

(F) Any item larger than 18” x 18” except subscription newspapers;

(G) Any electronic items, including batteries;

(H) Any substance that is unauthorized, including lipstick, crayon, water colors, paint, correction fluid, etc.; or

(I) Polaroid type photographs with a chemical substance on the back of the photograph.

(6) Mail Subject to Outgoing Mail Restriction: Outgoing mail to a person or address to which the inmate has been ordered by the functional unit manager or designee not to send mail.

(7) Any other material that the department deems to pose a threat or to be detrimental to legitimate penological objectives.

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

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

Hist.: CD 18(Temp), f. & ef. 12-18-73 through 4-17-74; CD 22, f. 6-27-74, ef. 7-25-74; CD 1-1979, f. & ef. 1-4-79; Renumbered from 291-010-0315, CD 11-1980(Temp), f. & ef. 4-10-80; CD 16-1980(Temp), f. & ef. 4-18-80; CD 28-1980, f. & ef. 8-22-80; CD 22-1983(Temp), f. & ef. 6-3-83; CD 27-1983, f. & ef. 7-11-83; CD 13-1984, f. & ef. 4-11-84; CD 57-1985, f. & ef. 8-16-85; CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 1-1992, f. & cert. ef. 1-29-92; CD 10-1993, f. 5-5-93, cert. ef. 7-1-93; DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98; DOC 16-2001(Temp), f. 7-9-01, cert. ef. 7-11-01 thru 1-7-02; DOC 20-2001, f. & cert. ef. 12-17-01; DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02; DOC 1-2008, f. & cert. ef. 1-25-08; DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11

291-131-0037

Disposition of Prohibited Mail

(1) Mail, if not confiscated, will be returned to the U.S. Postal Service, or to the applicable mail service provider for not meeting requirements provided in these rules.

(2) Contraband:

(a) Illegal contraband or evidence of crime shall be confiscated and turned over to the Oregon State Police. No notice of confiscation shall be given.

(b) Non-Inmate Sender:

(A) Contraband (including unauthorized attachments or enclosures) not illegal or evidence of crime shall be returned to the non inmate sender with the contents of the envelope or package intact, together with a Mail Violation Notice (CD 618a).

(B) Unauthorized items with minimal monetary value (e.g., paper clips, rubber bands, uncancelled stamps, book marks, envelopes, blank paper, etc.) may be removed and destroyed and the remaining mail sent to the inmate if the remaining contents are otherwise in compliance with department rules. No notice shall be provided to the sender or inmate recipient for the removal and destruction of minimally valued items.

(c) Inmate Sender: Any enclosures (i.e., photographs, hand-made drawings in excess of that allowed) that are not illegal or evidence of crime, or that are otherwise not prohibited in outgoing mail under these rules shall be returned to the inmate sender with the contents of the envelope or package intact, together with a Mail Violation Notice (CD 618a). Any item that poses a threat or is a detriment to the security, good order, or discipline of the facility, or that would encourage or instruct in criminal activity, may be confiscated and retained pending an investigation. If appropriate, the inmate may be issued a misconduct report, in accordance with the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(3) Money:

(a) Cash contained in mail shall be confiscated and deposited to the Inmate Welfare Fund. Notice of the confiscation shall be provided to the sender on a Mail Confiscation Notice (CD 618b). A copy of the notice shall also be provided to the intended inmate recipient.

(A) If the cash was concealed in the mail, a written entry shall be made on the Mail Confiscation Notice (CD 618b) to document the method of concealment. If, after an administrative review of the confiscation, it is determined that the sender did not conceal the cash, the money shall be returned to the sender.

(B) Correspondence received in an envelope from which cash has been confiscated shall be delivered to the intended inmate recipient if the correspondence is otherwise in compliance with department rules.

(b) Monies other than cash (e.g., money orders, warrants, personal checks, withdrawal and deposit slips, and certified checks) contained in mail shall be returned to the sender with the contents of the envelope or package intact, together with a Mail Violation Notice (CD 618a). A copy of the Mail Violation Notice shall be provided to the intended inmate recipient.

(A) Prior to returning the mail to the sender, the offending money item shall be photocopied together with the addressee side of the envelope or package.

(B) The photocopy shall be retained by the facility according to archive standards.

(4) Mail with unauthorized or insufficient postage shall be refused and returned to the U.S. Postal Service. Notice of the reason(s) for the mail rejection shall be provided on a form label or stamp affixed to the outside of the envelope or package.

(5) Unauthorized Attachments or Enclosures:

(a) Mail received with unauthorized attachment(s) affixed to the outside of an envelope or package shall remain unopened, be refused and returned to the U.S. Postal Service or applicable mail service provider. Notice of the reason(s) for the mail rejection shall be provided on a form label or stamp affixed to the outside of the envelope or package.

(b) Mail received with unauthorized attachments affixed to the inside of an envelope or package or affixed to the contents of an envelope or package, or mail received with unauthorized enclosure(s), except for that with minimal monetary value as described in section (2)(b) above, shall be refused and returned to the sender with the contents of the envelope or package intact, together with a Mail Violation Notice.

(6) Correspondence and Publications: When, after opening, mail is rejected for violation of these or other department rules the following procedures shall be followed:

(a) Rejected Mail:

(A) Non-inmate sender: The sender and intended inmate recipient shall be notified of the rejection of mail, including the reasons, on a Mail Violation Notice (CD 618a) for correspondence, or a Publication Violation Notice for a publication. If the rejection is based upon written or pictorial content, the notice shall advise that an independent review of the rejection may be obtained by writing to the functional unit manager within 30 days of the date of the notice. Mail rejected based on written or pictorial content shall be returned intact to the sender. The rejected portion(s) of the mail shall be photocopied and retained pending any administrative review. If no administrative review is requested, the photocopy shall be maintained according to archive standards.

(B) Inmate Sender: The inmate sender shall receive the same standards as the non-inmate sender, however, the intended recipient shall not be notified of the rejection for any mail sent by an inmate in a Department of Corrections facility and shall not be eligible for an administrative review.

(b) No administrative review shall be available if the rejection is based on the presence of an unauthorized attachment, substance or enclosure on or with the mail, or if the rejection is based on any violation not related to the written or pictorial content.

(c) Confiscated Mail:

(A) Non-inmate Sender: If the mail is confiscated, notice shall be made to the sender and intended inmate recipient on a Mail Confiscation Notice (CD 618b), unless it includes plans for a discussion or commission of a crime or evidence of a crime. In such cases, no notice shall be given and the mail shall be turned over to the Special Investigations Unit of the department or the Oregon State Police. Confiscated mail not involving evidence of a crime shall be retained intact pending any administrative review. If no administrative review is requested, the mail shall be maintained according to archive standards.

(B) Inmate Sender: If the mail is confiscated, no notice shall be given to the sender or the intended inmate recipient. Mail which includes plans for a discussion or commission of a crime or evidence of a crime shall be turned over to the Special Investigations Unit of the department or the Oregon State Police. Confiscated mail which poses a threat or detriment to the security, good order, or discipline of the facility, or would encourage or instruct in criminal activity shall be retained intact pending an investigation. The inmate may be issued a misconduct report in accordance with the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). Otherwise, after the investigation is completed, the inmate will be notified of the confiscation. If no administrative review is requested, the mail shall be maintained according to archive standards.

(7) Packages: When a package is rejected, the following procedures shall be followed:

(a) Packages received without prior authorization of the functional unit manager or designee, or which have unauthorized attachments affixed to the outside of the package shall be refused and returned to the U.S. Postal Service or to the applicable mail service provider.

(b) Prior authorized packages which after opening are found to contain contraband not illegal (including unauthorized attachments or enclosures) or evidence of crime or otherwise to be in violation of these or other department rules, shall be returned to the sender with the contents of the package intact, together with a Mail Violation Notice.

(c) Intended Inmate Recipient: If a prior authorized package is returned to the sender after opening, the intended inmate recipient shall be promptly notified in writing of the rejection, along with the reason(s) for the rejection, on a Mail Violation Notice. No administrative review shall be available to the intended inmate recipient.

(d) Sender: The sender shall be notified in writing of the rejection of any package received in a Department of Corrections facility and addressed to an inmate, along with the reason(s) for rejection, on a form label or stamp affixed to the outside of the package if the package is refused without opening or; if the package is returned to the sender after opening, on a Mail Violation Notice inserted into the package. No administrative review shall be available to the sender.

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

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

Hist.: CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 1-1992, f. & cert. ef. 1-29-92; CD 10-1993, f. 5-5-93, cert. ef. 7-1-93; CD 25-1994, f. 12-21-94, cert. ef. 1-3-95; DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98; DOC 20-2001, f. & cert. ef. 12-17-01; DOC 4-2002(Temp), f. & cert. ef. 3-25-02 thru 9-21-02; DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02; DOC 1-2008, f. & cert. ef. 1-25-08; DOC 4-2011(Temp), f. 3-4-11, cert. ef. 4-1-11 thru 9-28-11

 

Rule Caption: Interstate Compact for Adult Offenders.

Adm. Order No.: DOC 5-2011(Temp)

Filed with Sec. of State: 3-4-2011

Certified to be Effective: 3-4-11 thru 8-31-11

Notice Publication Date:

Rules Adopted: 291-180-0251, 291-180-0261

Rules Suspended: 291-180-0115, 291-180-0125, 291-180-0135, 291-180-0145, 291-180-0155, 291-180-0165, 291-180-0175, 291-180-0185, 291-180-0195, 291-180-0205, 291-180-0215, 291-180-0225, 291-180-0235, 291-180-0245, 291-180-0255, 291-180-0285, 291-180-0295, 291-180-0305, 291-180-0315, 291-180-0325, 291-180-0335, 291-180-0345, 291-180-0355, 291-180-0365, 291-180-0375, 291-180-0385, 291-180-0395, 291-180-0405, 291-180-0415, 291-180-0425, 291-180-0435, 291-180-0445, 291-180-0455, 291-180-0465, 291-180-0475, 291-180-0485, 291-180-0495, 291-180-0505, 291-180-0515, 291-180-0525, 291-180-0535, 291-180-0545, 291-180-0555, 291-180-0565, 291-180-0575, 291-180-0585, 291-180-0595, 291-180-0605, 291-180-0615, 291-180-0625, 291-180-0635, 291-180-0645, 291-180-0655, 291-180-0665

Subject: The Department of Corrections fully participates in the Interstate Compact for Adult Offender Supervision (ICAOS). These temporary rule modifications are necessary so that the department may adopt by reference the most current rules published by the Interstate Compact for Adult Offender Supervision (ICAOS).

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

291-180-0115

Definitions (1.101 ICAOS)

(1) Abscond: To be absent from the offender’s approved place of residence or employment with the intent of avoiding supervision.

(2) Adult: Both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

(3) Application Fee: A reasonable sum of money charged an interstate compact offender by the sending state for each application for transfer prepared by the sending state.

(4) Arrival: To report to the location and officials designated in reporting instructions given to an offender at the time of the offender’s departure from a sending state under an interstate compact transfer of supervision.

(5) By-laws: Those by-laws established by the Interstate Commission for Adult Offender Supervision for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.

(6) Compact Administrator: The individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission for Adult Offender Supervision, and policies adopted by the State Council under this compact.

(7) Compact Commissioner or Commissioner: The voting representative of each compacting state appointed under the terms of the Interstate Compact for Adult Offender Supervision as adopted in the member state.

(8) Compliance: An interstate compact offender is abiding by all terms and condition of supervision, including payment of restitution, family support, fines, court costs or other financial obligations imposed by the sending state.

(9) Deferred Sentence: A sentence the imposition of which is postponed pending the successful completion by the offender of the terms and conditions of supervision ordered by the court.

(10) Detainer: An order to hold an offender in custody.

(11) Discharge: The final completion of the sentence that was imposed on an offender by the sending state.

(12) Extradition: The return of a fugitive to a state in which the offender is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution.

(13) ICAOS: Interstate Compact for Adult Offender Supervision. The numeric reference in parenthesis next to this acronym refers to the section number of the national ICAOS rules that apply to these rules.

(14) Offender: For purposes of this rule, an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision.

(15) Plan of supervision: The terms, under which an offender will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision.

(16) Probable Cause Hearing: A hearing in compliance with the decisions of the U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender’s parole or probation.

(17) Receiving State: A state to which an offender requests transfer of supervision or is transferred.

(18) Reporting Instructions: The orders given to an offender by a sending or receiving state directing the offender to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the offender is directed to report in the receiving state.

(19) Resident: person who has continuously inhabited a state for at least one year prior to the commission of the offense for which the offender is under supervision, and intends that such state shall be the person’s principal place of residence, and has not, unless incarcerated, relocated to another state or states for a continuous period of six months or more with the intent to establish a new principal place of residence.

(20) Resident Family: A parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who has resided in the receiving state for 180 days or longer as of the date of the transfer request; and indicates willingness and ability to assist the offender as specified in the plan of supervision.

(21) Retaking: The act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state.

(22) Rules: Acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission.

(23) Sending State: A state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules.

(24) Shall: That a state or other actor is required to perform an act, the non-performance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its by-laws and rules.

(25) Significant Violation: An offender’s failure to comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision.

(26) Special Condition: A condition or term that is added to the standard conditions of parole or probation by either the sending or receiving state.

(27) Subsequent Receiving State: A state to which an offender is transferred that is not the sending state or the original receiving state.

(28) Substantial Compliance: An offender is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending state.

(29) Supervision: The authority or oversight exercised by supervising authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which the offender is required to report to or be monitored by supervising authorities, and includes any condition, qualification, special condition or requirement imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.

(30) Supervision Fee: A fee collected by the receiving state for the supervision of an offender.

(31) Temporary Travel Permit: The written permission granted to an offender to travel outside the receiving state. Temporary travel permits shall not exceed 31 days and are not repeatedly renewable except as provided for in these rules. All temporary travel permits shall include the offender’s crime of conviction and a beginning and ending date.

(32) Temporary Travel Permit (Victim Sensitive Cases): In “victim-sensitive” cases, the receiving state shall give notice of offender movement to the sending state regarding the issuance of a temporary travel permit. Travel permits may not exceed 31 days and must have a beginning and ending date.

(33) Travel permit: The written permission granted to an offender authorizing the offender to relocate from one state to another. All travel permits shall include the offender’s crime of conviction.

(34) Victim: A natural person or the family of a natural person who has suffered physical injury or serious emotional harm as a result of an act or omission of an offender.

(35) Victim-Sensitive: A designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state.

(36) Waiver: The voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by an offender.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0125

Authority of Oregon Interstate Compact (2.101 ICAOS)

(1) The acceptance, rejection or termination of supervision of an offender under the compact requires the involvement and concurrence of the Oregon Compact Administrator or their designated deputy.

(2) All formal written, electronic or oral communication regarding an offender under this compact shall be made only through the Oregon Compact Administrator or their designated deputy.

(3) Transfer, modification or termination of supervision authority for an offender under this compact may be authorized only with the involvement and concurrence of the Oregon Compact Administrator or their designated deputy.

(4) Violation reports or other notices regarding offenders under this compact shall be transmitted only through direct communication between the compact offices of the sending and receiving states.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0135

Data Collection and Reporting (2.102 ICAOS)

The Oregon Compact Office shall gather, maintain and report as requested to the national compact office all required data regarding the transfer and supervision of offenders supervised under this compact.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0145

Interstate Compact for Adult Offender Supervision Dues (2.103 ICAOS)

Oregon shall pay membership dues to the Interstate Compact for Adult Offender Supervision as established by the dues formula lawfully promulgated by the National Compact Commission.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0155

Forms (2.104 ICAOS)

Oregon shall use the forms and electronic information system authorized by the National Compact for all communications regarding offenders between or among states.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0165

Communication Preferences

While these rules permit communication and notice by “telephone, electronic mail or telefax,” whenever possible electronic transmission by email is the preferred mode of communication and transfer of documents. For greatest clarity and usability, all documents must be electronically generated.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0175

Transfer of Offenders Under This Compact (2.110 ICAOS)

No state shall permit a person who is eligible for transfer under this compact to relocate to another state except as provided by the Interstate Compact for Adult Offender Supervision and these rules.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0185

Compact Eligible Destinations

(1) Services allowed under this compact are available only between sending and receiving states, United States possessions and territories who are signatory to the Interstate Compact for Adult Offender Supervision. This compact may not be used with non-members of the ICAOS or any foreign country.

(2) A current list of states, U.S. possessions and territories signatory to this compact may be obtained by contacting Oregon Interstate Compact or may be viewed at the ICAOS website at “http://www.adultcompact.org”.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0195

Adoption and Amendment to the ICAOS Rules

Additions or amendments to the ICAOS rules shall be adopted by a majority vote of the members of the Interstate Commission.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0205

Eligibility for Transfer of Supervision (3.101 ICAOS)

(1) At the discretion of the sending state, an offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision is in substantial compliance with the terms of supervision in the sending state and:

(a) Is a resident of the receiving state; or

(b) Has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and

(c) Can obtain employment in the receiving state or has a visible means of support.

(2) Military Members: An offender who is a member of the military and has been transferred by the military to another state, and who meets the other criteria specified in (1)(c) shall be immediately eligible for transfer of supervision.

(3) Offenders That Live with Family Who Are Military Members: An offender who meets the other criteria specified in (1)(c) and who live with a family member who has been deployed to another state, shall be immediately eligible for transfer, provided that the offender will live with the military member in the receiving state.

(4) Employment of Family Member In Another State: An offender who meets the other criteria specified in (1)(c) and whose family member, with whom he or she resides, is transferred to another state and obtains full-time employment, shall be immediately eligible for transfer unless the receiving state can show good cause for rejecting the transfer request, provided that the offender will live with the family member in the receiving state.

(5) A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervision.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0215

Misdemeanants (2.105 ICAOS)

(1) Misdemeanants as defined below are eligible for transfer under the compact.

(2) For purposes of this rule, a misdemeanant is an offender whose sentence includes one year or more of supervision provided that all other criteria for transfer, as specified in the previous section, have been satisfied, and the instant offense includes one or more of the following:

(a) An offense in which a person has incurred direct or threatened physical or psychological harm;

(b) An offense that involves the use or possession of a firearm;

(c) A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol;

(d) A sexual offense that requires the offender to register as a sex offender in the sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0225

Ineligible Offenders (2.106 ICAOS)

Persons subject to supervision pursuant to a pre-trial intervention program, bail, or similar program, are not eligible for transfer under the terms and conditions of this compact.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0235

Offenders Subject to Deferred Sentences (2.106 ICAOS)

Offenders subject to deferred sentences (i.e.: conditional discharges) are eligible for transfer of supervision under the same eligibility requirements, terms, and conditions applicable to all other offenders under this compact.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0245

Offenders on Furlough, Work Release (2.107 ICAOS)

A person who is released from incarceration under furlough, work-release, or other pre-parole program is not eligible for transfer under the compact.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0251

Standards for Interstate Transfer of Adult Offenders

The Department of Corrections adopts by this reference standards for the interstate transfer of adult offender supervision set out in the official ICAOS rules, published by the Interstate Commission for Adult Offender Supervision, as updated to reflect amendments to the rules effective March 1, 2011. The rules may be viewed at the ICAOS website at www.interstatecompact.org

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0255

Offenders With Disabilities (2.108 ICAOS)

A receiving state shall continue to supervise offenders who become mentally ill or exhibit signs of mental illness or who develop a physical disability while supervised in the receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0261

Travel Permits

No offenders shall relocate to another state except as provided by the ICAOS rules. Travel Permits may be issued for up to 30 days, with a subsequent extension of 15 days in emergency situations. Offenders shall be transferred pursuant to ICAOS rules if their need exceeds 45 consecutive days in another state. The offender shall return and remain in Oregon pending the Interstate Compact transfer process. No person shall be allowed to travel out of state for treatment or programming purposes that exceeds 45 consecutive days unless they have been accepted through the Interstate Compact transfer process.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0285

Submission of Transfer Request to a Receiving State (3.102 ICAOS)

(1) Subject to the exception in the next section, a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required information to the receiving state prior to allowing the offender to leave the sending state.

(2) Subject to the exception in the next section, the receiving state shall be given the opportunity to investigate the proposed plan of supervision prior to allowing the offender to leave the sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0295

Acceptance of the Offender by Receiving State; Exception (3.103 ICAOS)

(1) A sending state shall not allow an offender under supervision in the sending state to relocate to a receiving state without the receiving state’s acceptance of the transfer of supervision. Exception:

(2) A sending state may grant a travel permit to an offender who was living in the receiving state at the time of sentencing. This exception is not applicable to offenders released to supervision from prison.

(a) Prior to granting a travel permit to an offender under this exception, the sending state shall verify that the offender is living in the receiving state and shall immediately contact the receiving state’s interstate compact office by telephone, telefax or electronic mail to request provisional reporting instructions.

(b) A travel permit, not to exceed seven days, may be issued to the offender to allow for the request and issuance of reporting instructions. A copy of the travel permit will be immediately forwarded to the receiving state by telefax or electronic mail and will expire either upon the offender’s arrival in the receiving state or on the travel permit’s expiration date. The sending state retains supervisory responsibility during this period. If the receiving rejects the transfer request or the travel permit’s expiration date is reached, (6)(a) and (6)(b) shall apply.

(c) The sending state shall ensure that the offender sign all forms requiring the offender’s signature prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state. (3.107 ICAOS)

(d) The receiving state shall issue reporting instructions no later than two business days following receipt of such notification and request from the sending state.

(3) A receiving state shall assume responsibility for supervision of an offender who is granted reporting instructions during the investigation of the offender’s plan of supervision upon the offender’s arrival in the receiving state.

(4) A sending state shall transmit a completed transfer request for an offender granted reporting instructions no later than 15 calendar days following the granting to the offender of the reporting instructions.

(5) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the 15th day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request from the receiving state, direct the offender to return to the sending state by a date specified by the sending state.

(6) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender by issuing a warrant or an order to return no later than 10 calendar days following the offender’s failure to appear in the sending state.

(7) The receiving state shall continue to supervise the offender until a warrant is issued or sending state notifies receiving state that offender has returned to sending state. (4.105 ICAOS)

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0305

Time Allowed for Investigation by Receiving State (3.104 ICAOS)

(1) A receiving state shall complete an investigation and respond to a sending state’s request for offender’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state’s compact office. Receipt of completed transfer request shall be presumed to occur by the fifth business day following transmission.

(2) If a receiving state determines that an offender transfer request is incomplete, the receiving state shall notify the sending state of that determination and the nature of the incompleteness no later than five business days following receipt of the transfer request by the receiving state.

(3) A sending state that has been notified of an incomplete transfer request shall, within five business days following receipt of notice of incompleteness, remedy the incompleteness by providing the missing material or demonstrating good cause why the incompleteness cannot be remedied within five business days, which the receiving state shall consider. Receipt by the sending state of notice of incomplete transfer request shall be presumed to occur by the fifth business day following transmission by the receiving state.

(4) The 45-calendar-day period for investigation of and response to a sending state’s request for transfer of an offender’s supervision shall be suspended until the sending sate supplies the missing material in the transfer request.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0315

Acceptance of Offender; Issuance of Reporting Instructions (3.1041 ICAOS)

(1) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions.

(2) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender’s departure as required. (ICAOS 4.105)

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0325

Request for Transfer of a Paroling Offender (3.105 ICAOS)

(1) A sending state shall submit a completed request for transfer of a parole or post prison supervision offender to a receiving state no earlier than 120 days prior to the offender’s planned prison release date.

(2) A sending state shall notify a receiving state of the offender’s date of release from prison or if the recommendation for release of the offender has been withdrawn or denied.

(3) A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the fifth calendar day following the offender’s intended date of departure from the sending state.

(a) A receiving state that withdraws its acceptance because an offender fails to report, shall immediately notify the sending state.

(b) Following withdrawal of the receiving state’s acceptance, if the sending state desires to reapply for transfer of a paroling offender, they must resubmit a new request for transfer of supervision.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0335

Request for Expedited Transfer (3.106 ICAOS)

(1) A sending state may request that a receiving state agree to an expedited transfer of an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination.

(a) A receiving state that agrees to expedited transfer of an offender shall immediately issue reporting instructions for the offender, and a sending state shall immediately issue a travel permit.

(b) The sending state shall ensure that the offender signs all compact transfer application forms requiring the offender’s signature (see “Application for transfer of supervision”), prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state.

(c) At the time of transmission of the signed forms, the sending state shall provide the receiving state with a copy of the offender’s orders and conditions, documentation of the offender’s residency, copy of any available pre-sentence report, copy of any order of protection, where applicable, and whether the offender is subject to sex offender registration in the sending state.

(2) The receiving state granting an expedited transfer shall assume responsibility for supervision of an offender granted reporting instructions during the investigation of the offender’s plan of supervision upon the offender’s arrival in the receiving state.

(3) The sending state shall transmit a completed transfer request for an offender granted a travel permit no later than seven calendar days following the granting to the offender of the travel permit.

(4) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the seventh calendar day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request, direct the offender to return to the sending state by a date specified by the sending state.

(5) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender no later than ten calendar days following the offender’s failure to appear in the sending state.

(6) The receiving state shall continue to supervise the offender until a warrant is issued or sending state notifies receiving state that offender has returned to sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0345

Applications for Transfer of Supervision (Investigation Packets) (3.107 ICAOS)

An application for transfer of supervision of an offender shall contain the following information:

(1) Offender’s full name and any aliases by which the offender is known;

(2) Indication of whether the offender seeks transfer to the receiving state based on residency in the receiving state, family residing in the receiving state, or consent of the receiving state;

(3) Name, address, and telephone number of family in the receiving state if the offender bases the transfer request on family’s residency in the receiving state;

(4) Offender’s proposed residence in the receiving state;

(5) Offender’s current or prospective employer in the receiving state;

(6) Offender’s criminal justice identification number in the sending state;

(7) Offender’s date of birth;

(8) Offender’s social security number, if known;

(9) County of conviction or imposition of supervision;

(10) Indication of the type of criminal justice supervision to which the offender has been sentenced;

(11) Instant offense in sufficient detail to describe the type and severity of offense and whether the charge has been reduced at the time of imposition of sentence;

(12) Offender’s criminal history;

(13) Notice, if applicable, indicating that the supervision of the offender is a victim-sensitive matter;

(14) Date supervision is to begin, if known;

(15) Date supervision is to terminate, if known;

(16) Name and title of supervising officer;

(17) Signed “Offender Application for Interstate Compact Transfer” form, which shall include “Agreement to Return on Demand of the Sending State” and “Waiver of Extradition”;

(18) Signed “Consent to Random Drug or Alcohol Testing and to Searches Based on Reasonable Suspicion” form;

(19) Signed “Authorization for Release of Medical and Psychological Information” form;

(20) Photograph of offender;

(21) Conditions of supervision;

(22) Any orders restricting the offender’s contact with victims or any other person;

(23) Any known orders protecting the offender from contact with any other person;

(24) Information as to whether the offender is subject to sex offender registry requirements in the sending state along with supportive documentation;

(25) Judgment and commitment documents;

(26) Pre-sentence investigation report, if available;

(27) Supervision history, if available;

(28) Information relating to any court-ordered financial obligations, including but not limited to, fines, court costs, restitution, and family support; the balance that is owed by the offender on each; and the address of the office to which payment must be made.

(29) Medical information, if available; and

(30) Psychological evaluation, if available.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0355

Waiver of Extradition (3.109 ICAOS)

(1) An offender applying for interstate supervision shall execute, at the time of application for transfer, a waiver of extradition from any state to which the offender may abscond while under supervision in the receiving state.

(2) States that are party to this compact waive all legal requirements to extradition of offenders who are fugitives from justice.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0365

Offenders Illegally Present in Oregon

Requests for compact services shall be returned to the sending state when sending state’s offender is present in Oregon in violation of rules of the Interstate Compact for Adult Offender Supervision.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0375

Notification to Victims Upon Transfer of Offenders (3.108 ICAOS)

Within one business day of the issuance of reporting instructions or acceptance of transfer by the receiving state, the sending state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws to known victims in the sending state, and the receiving state shall initiate notification procedures of the transfer of supervision of the offender in accordance with its own laws to victims in the receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0385

Notification to Victims Upon Violation by Offender or Other Change in Status (3.108 ICAOS)

(1) The receiving state is responsible for reporting information to the sending state when an offender:

(a) Commits a significant violation;

(b) Changes address;

(c) Returns to the sending state where an offender’s victim resides;

(d) Departs the receiving state under an approved plan of supervision in a subsequent receiving state; or

(e) Is issued a temporary travel permit where supervision of the offender has been designated a victim-sensitive matter.

(2) Both the sending state and the receiving state shall notify known victims in their respective states of this information in accordance with their own laws or procedures.

(3) The receiving state shall respond to requests for offender information from the sending state no later than the fifth business day following the receipt of the request.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0395

Victims’ Right to be Heard and Comment (3.1081 ICAOS)

(1) When an offender submits a request to transfer to a receiving state or a subsequent receiving state or to return to a sending state, the victim notification authority in the sending state shall, at the time of notification to the victim, shall inform victims of the offender of their right to be heard and comment. Victims of the offender have the right to be heard regarding their concerns relating to the transfer request for their safety and family members’ safety. Victims have the right to contact the sending state’s interstate compact office at any time by telephone, telefax, or conventional or electronic mail regarding their concerns relating to the transfer request for their safety and family members’ safety. The victim notification authority in the sending state shall provide victims of the offender with information regarding how to respond and be heard if the victim chooses.

(a) Victims shall have ten business days from receipt of notice required in this provision to respond to the sending state. Receipt of notice shall be presumed to have occurred by the fifth business day following its sending.

(b) The receiving state shall continue to investigate the transfer request while awaiting response from the victim.

(2) Upon receipt of the comments from victims of the offender, the sending state shall consider comments regarding their concerns relating to the transfer request for their safety and family members’ safety. Victims’ comments shall be confidential and shall not be disclosed to the public. The sending state or receiving state may impose special conditions of supervision on the offender, if the safety of the offender’s victims or family members of victims is deemed to be at risk by the approval of the offender’s request for transfer.

(3) The sending state shall respond to the victim no later than five business days following receipt of victims’ comments, indicating how victims’ concerns will be addressed when transferring supervision of the offender.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0405

Manner and Degree of Supervision in Receiving State (4.101 ICAOS)

A receiving state shall supervise an offender transferred under the interstate compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0415

Duration of Supervision in the Receiving State (4.102 ICAOS)

A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0425

Special Conditions (4.103 ICAOS)

(1) At the time of investigation or during the term of supervision, the compact administrator or supervising authority in the receiving state may impose a special condition on an offender transferred under the interstate compact if that special condition would have been imposed on the offender if sentence had been imposed in the receiving state.

(2) A receiving state shall notify a sending state that it intends to impose or has imposed a special condition on the offender, the nature of the special condition, and the purpose.

(3) A sending state shall inform the receiving state of any special conditions to which the offender is subject at the time of request for transfer is made, or when it becomes available.

(4) A receiving state that is unable to enforce a special condition imposed in the sending state shall notify the sending state of its inability at the time of request for transfer of supervision is made.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0435

Offender Registration in Receiving State (4.104 ICAOS)

The receiving state shall require that an offender transferred under the interstate compact comply with any offender registration and DNA testing requirements in accordance with the laws or policies of the receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0445

Arrival and Departure Notifications, Withdrawal of Reporting Instructions (4.105 ICAOS)

(1) Departure Notifications: At the time of an offender’s departure from any state pursuant to a transfer of supervision or the granting of a travel permit, the state from which the offender departs shall notify the intended receiving state, and, if applicable, the sending state, by telephone, electronic mail or telefax of the date and time of the offender’s intended departure and the date by which the offender has been instructed to arrive.

(2) Arrival Notifications: At the time of an offender’s arrival in any state pursuant to a transfer of supervision or the granting of a travel permit, or upon the failure of an offender to arrive as instructed, the intended receiving state shall immediately notify the state from which the offender departed, and, if applicable, the sending state, by telephone, electronic mail or telefax of the offender’s arrival or failure to arrive.

(3) Withdrawal of Reporting Instructions:

(a) The receiving state may withdraw its reporting instructions if the offender does not report to the receiving state as directed in the reporting instructions.

(b) The receiving state that withdraws its reporting instructions or subsequently determines that an offender granted a travel permit has absconded, shall immediately notify the sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0455

Progress Reports (4.106 ICAOS)

(1) A receiving state shall provide to the sending state a progress report annually, or more frequently, upon the request of the sending state, for good cause shown.

(2) A progress report shall include:

(a) Offender’s name;

(b) Offender’s residence address;

(c) Offender’s telephone number and electronic mail address;

(d) Name and address of offender’s employer;

(e) Supervising officer’s summary of offender’s conduct, progress and attitude, and compliance with conditions of supervision;

(f) Programs of treatment attempted and completed by the offender;

(g) Information about any sanctions that have been imposed on the offender since the previous progress report;

(h) Supervising officer’s recommendation; and

(i) Any other information requested by the sending state that is available in the receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0465

Fees (4.107 ICAOS)

(1) Application Fee: A sending state may impose a fee for each transfer application prepared for an offender.

(2) Supervision Fee:

(a) A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall not be greater than the fee charged to the state’s own offenders.

(b) A sending state shall not impose a supervision fee on an offender whose supervision has been transferred to a receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0475

Collection of Restitution, Fines and Other Costs (4.108 ICAOS)

(1) A sending state is responsible for collecting all fines, family support, restitution, court costs, or other financial obligations imposed by the sending state on the offender.

(2) Upon notice by the sending state that the offender is not complying with family support and restitution obligations and financial obligations as set forth above, the receiving state shall notify the offender that the offender is in violation of the conditions of supervision and must comply. The receiving state shall inform the offender of the address to which payments are to be sent.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0485

Temporary Travel Permits

(1) This rule regulates the travel of offenders relocating to other states including compacted offenders or those applying for compact services. It does not apply to other offenders under supervision.

(2) An offender may be issued an out of state temporary travel permit for up to 31 days for reasons consistent with the purposes of supervision and public safety. Temporary travel permits to return to the sending state require notice be given the sending state.

(3) Offenders shall not be granted a temporary travel permit to a receiving state during an active transfer investigation without the consent of the receiving state. Temporary travel permits shall not be granted to seek employment and residence in another state for the purpose of compacting to that state.

(4) Exceptions:

(a) “Victim-Sensitive” Cases: The receiving state shall notify the sending state when a temporary travel permit is issued. Travel permits for these offenders may not exceed 31 days. No temporary travel permit shall be granted to a “victim-sensitive” case that is inconsistent with these requirements.

(b) Employment/Treatment in Adjoining State: A temporary travel permit may be issued for up to 120 days and renewed as needed to permit daily travel to and from an adjoining state for purpose of employment or treatment. A copy of this permit shall be forwarded through the interstate compact office to the adjoining state to be visited. This permit is intended to expire upon termination of employment or treatment.

(c) Fire Fighters: A temporary travel permit for the purpose of fire fighting may be issued for 60 days and renewed as needed to continue seasonal employment fighting fires. A copy of this permit shall be forwarded, in a timely manner, through the interstate compact office to any state visited.

(d) Offshore Fisherman: A temporary travel permit may be granted for up to 60 days and renewed as needed for employment purposes. A copy of this permit shall be forwarded through the interstate compact office to any state visited.

(e) Residential Treatment: Offenders may be issued a temporary travel permit to reside in a residential treatment program in another state for up to 60 days. A copy of this permit shall be forwarded through the interstate compact office to the state visited. The offender shall immediately return to Oregon upon completion of the program unless accepted for transfer pursuant this compact.

(f) Long Term Treatment Programs: Offenders participating in programs longer than 60 days must request transfer to the receiving state. An expedited transfer may be requested if the offender needs to proceed to the program immediately.

(5) All temporary travel permits shall include the offender’s crime of conviction, a beginning and ending date and require that the offender report to local law enforcement within 24 hours of arrival and comply with any registration requirement of that state.

(6) Caution should be exercised in granting permission to travel for sex or violent offenders. Recipients of temporary travel permits should be in substantial compliance with their conditions of supervision and not be considered a high risk to re-offend.

(7) An offender shall not be granted travel to any state where a known victim resides without prior notice to that state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0495

Violation Reports (4.109 ICAOS)

(1) A receiving state shall notify a sending state of significant violations of conditions of supervision by an offender within 30 calendar days of discovery of the violation.

(2) A violation report shall contain:

(a) Offender’s name and location;

(b) Offender’s state-issued identifying numbers;

(c) Date of the offense or infraction that forms the basis of the violation;

(d) Description of the offense or infraction;

(e) Status and disposition, if any, of offense or infraction;

(f) Dates and descriptions of any previous violations;

(g) Receiving state’s recommendation of actions sending state may take;

(h) Name and title of the officer making the report; and

(i) If the offender has absconded, the offender’s last known address and telephone number, name and address of the offender’s employer, and the date of the offender’s last personal contact with the supervising officer.

(3) The sending state shall respond to a report of a violation made by the receiving state no later than ten business days following receipt by the sending state. Receipt of a violation report shall be presumed to have occurred by the fifth business day following its transmission by the receiving state;

(4) The response by the sending state shall include action to be taken by the sending state and the date by which that action will begin and its estimated completion date.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0505

Transfer to a Subsequent Receiving State (4.110 ICAOS)

(1) At the request of an offender for transfer to a subsequent receiving state, and with the approval of the sending state, the sending state shall prepare and transmit a request for transfer to the subsequent state in the same manner as an initial request for transfer is made.

(2) The receiving state shall assist the sending state in acquiring the offender’s signature on the “Offender Application for Interstate Compact Transfer,” the “Agreement to Return on Demand of the Sending State” and the “Consent to Random Drug and Alcohol Testing and to Searches Based on Reasonable Suspicion” forms, and any other forms that may be required for submission of an “Application for transfer of supervision” and shall transmit these forms to the sending state.

(3) The receiving state shall submit a statement to the sending state summarizing the offender’s progress under supervision.

(4) The receiving state shall issue a travel permit to the offender when the sending state informs the receiving state that the offender’s transfer to the subsequent receiving state has been approved.

(5) Notification, of offender’s departure, shall be sent by the state the offender is departing to the state offender has been issued a travel permit to proceed to. An arrival notice shall be sent by the new receiving state to the original sending state upon the offender’s arrival.

(6) Acceptance of the offender’s transfer of supervision by a subsequent state and issuance of reporting instructions to the offender terminate the receiving state’s supervisory obligations for the offender.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0515

Return to the Sending State (4.111 ICAOS)

(1) Upon an offender’s request to return to the sending state, the receiving state shall request reporting instructions, unless the offender is under active criminal investigation or is charged with a subsequent criminal offense in the receiving state.

(2) The sending state shall grant the request and provide reporting instructions no later than two business days following receipt of the request for reporting instructions from the receiving state.

(3) The receiving state shall send a departure notice to the sending state upon offender’s departure.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0525

Closing of Supervision by the Receiving State (4.112 ICAOS)

(1) The receiving state may close its supervision of an offender and cease supervision upon:

(a) The date of discharge indicated for the offender at the time of application for supervision unless informed of an earlier or later date by the sending state;

(b) Notification to the sending state of the absconding of the offender from supervision in the receiving state;

(c) Notification to the sending state of the sentencing of the offender to incarceration for 180 days or longer and receipt from the sending state of a warrant and detainer or other acknowledgement by the sending state of responsibility for the offender within 90 days of the notification.

(A) If the sending state fails to provide the warrant and detainer or other acknowledgement within 90 days of notification, the receiving state may close its supervision of the offender.

(B) After 90 days the sending state shall be responsible for the offender.

(d) Notification of death; or

(e) Return to sending state.

(2) A receiving state shall not terminate its supervision of an offender while the sending state is in the process of retaking the offender.

(3) At the time a receiving state closes supervision, a case closure notice shall be provided to the sending state which shall include last known address and employment.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0535

New Felony Offense (5.102 ICAOS)

Upon a request from the receiving state, a sending state shall retake or order the return of an offender from the receiving state or a subsequent receiving state upon the offender’s conviction of a new felony offense and completion of a term of incarceration for that conviction or the placement of the offender on probation for that felony offense.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0545

Violations of Conditions of Supervision (5.103 ICAOS)

Upon request by the receiving state and a showing that the offender has committed three or more significant violations arising from separate incidents that establish a pattern of non-compliance of the conditions of supervision, a sending state shall retake or order the return of an offender from the receiving state or a subsequent receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0555

Effect of Special Conditions or Requirements Imposed by the Receiving State (5.112 ICAOS)

(1) For purposes of revocation or other punitive action against an offender, the probation or paroling authority of a sending shall give the same effect to a violation of special conditions or requirement imposed by a receiving state as if those conditions or requirement had been imposed by the sending state.

(2) Failure of an offender to comply with special conditions or additional requirements imposed by a receiving state shall form the basis of punitive action in the sending state notwithstanding the absence of such conditions or requirements in the original plan of supervision issued by the sending state.

(3) For purposes of these rules, the original plan of supervision shall include, but not be limited to, any court orders setting forth the terms and conditions of probation, any orders incorporating a plan of supervision by reference, or any orders or directives of the paroling or probation authority.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0565

Retaking by the Sending State (5.101 ICAOS)

(1) Except when offenders have a new felony conviction or have established a pattern of non-compliance by the commission of three or more significant violations as provided for in previous sections, the sending state, at its sole discretion, may retake an offender, unless the offender has been charged with a subsequent criminal offense in the receiving state.

(2) If the offender has been charged with a subsequent criminal offense in the receiving state, the offender shall not be retaken without the consent of the receiving state, or until criminal charges have been dismissed, or the offender has been released to supervision for the subsequent offense.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0575

Cost of Retaking an Offender (5.104 ICAOS)

A sending state shall be responsible for the cost of retaking the offender.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0585

Time Allowed for Retaking an Offender (5.105 ICAOS)

A sending state shall retake an offender within 30 calendar days after the decision to retake has been made or upon release of the offender from incarceration in the receiving state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0595

Cost of Incarceration in Receiving State (5.106 ICAOS)

The receiving state shall be responsible for the cost of detaining the offender in the receiving state pending the offender’s retaking by the sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0605

Officers Retaking an Offender (5.107 ICAOS)

(1) Officers authorized under the law of a sending state may enter a state where the offender is found and apprehend and retake the offender, subject to this compact, its rules, and due process requirements.

(2) The sending state shall be required to establish the authority of the officer and the identity of the offender to be retaken.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0615

Opportunity for Hearing in Receiving State (5.108 ICAOS)

The offender shall be afforded the opportunity for a probable cause hearing in the receiving state consistent with due process requirements. No waiver of a probable cause hearing shall be accepted unless accompanied by an admission by the offender to one or more significant violations of the terms or conditions of supervision. Any evidence or record generated during a probable cause hearing shall be forwarded to the sending state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0625

Transport of Offenders (5.109 ICAOS)

States that are party to this compact shall allow officers authorized by the law of the sending or receiving state to transport offenders through the state without interference.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0635

Retaking Offenders From Local, State or Federal Correctional Facilities (5.110 ICAOS)

Officers authorized by the law of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of the sentence or the offender’s release from that facility provided that:

(1) No detainer has been placed against the offender by the state in which the correctional facility lies; and

(2) No extradition proceedings have been initiated against the offender by a third-party state.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0645

Denial of Bail to Certain Offenders (5.111 ICAOS)

An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail in any state where the offender is found.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0655

Dispute Resolution (6.101–6.102 ICAOS)

It is the policy of the Oregon Department of Corrections as administrator of the Oregon Interstate Compact to resolve disputes with other member states regarding interstate compact activities in a manner consistent with the adopted rules of the National Commission of the Interstate Compact for Adult Offender Supervision. The following are the general steps to be taken:

(1) The first effort will be made to resolve any dispute informally with the other state.

(2) If unresolved, Oregon will seek the assistance of the executive director of the National Compact in resolving the dispute. The Executive Director will, using any resource available, within 10 business days issue a written response to the disputing parties.

(3) Any dispute not informally resolved by this process shall be formally resolved by mediation and arbitration set forth in the rules adopted by the Interstate Commission of the Interstate Compact for Adult Offender Supervision.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

291-180-0665

Interpretation of Rules (6.101 ICAOS)

Oregon Interstate Compact may submit an informal written request to the Executive Director of the Interstate Compact for Adult Offender Supervision for assistance in interpreting the rules of that compact. The Executive Director or the Executive Committee will, using any resource available, submit a written response to be circulated to all of the states.

Stat. Auth.: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.600, 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 2-2005, f. & cert. ef. 2-24-05; Suspended by DOC 5-2011(Temp), f. & cert. ef. 3-4-11 thru 8-31-11

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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