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Oregon Bulletin

May 1, 2011

Department of Corrections
Chapter 291

  • Rule Caption: Mental Health Special Housing for Inmate in ODOC Institutions.
  • Adm. Order No.: DOC 6-2011
  • Filed with Sec. of State: 3-31-2011
  • Certified to be Effective: 4-1-11
  • Notice Publication Date: 1-1-2011
  • Rules Adopted: 291-048-0230, 291-048-0240, 291-048-0270, 291-048-0280, 291-048-0320
  • Rules Repealed: 291-048-0120, 291-048-0180, 291-048-0230(T), 291-048-0240(T), 291-048-0270(T), 291-048-0280(T), 291-048-0320(T), 291-048-0100 to 291-048-0200(T), 291-048-0110 to 291-048-0210(T), 291-048-0115 to 291-048-0220(T), 291-048-0130 to 291-048-0250(T), 291-048-0140 to 291-048-0260(T), 291-048-0150 to 291-048-0290(T), 291-048-0160 to 291-048-0300(T), 291-048-0170 to 291-048-0310(T), 291-048-0190 to 291-048-0330(T)
  • Rules Ren. & Amend: 291-048-0100 to 291-048-0200, 291-048-0110 to 291-048-0210, 291-048-0115 to 291-048-0220, 291-048-0130 to 291-048-0250, 291-048-0140 to 291-048-0260, 291-048-0150 to 291-048-0290, 291-048-0160 to 291-048-0300, 291-048-0170 to 291-048-0310, 291-048-0190 to 291-048-0330
  • Subject: The department recognizes there are inmates it its facilities with significant mental health issues. Modification of these rules is necessary to safely manage and provide an environment oriented to mental health treatment of this high-risk inmate population. Mental Health Special Housing is separate and apart from the general inmate population. These rules establish policy and procedures for assignment of an inmate to mental health special housing who, because of mental health issues, is unable to adjust in the general inmate population.
  • Rules Coordinator: Janet R. Worley—(503) 945-0933
  •  
  • 291-048-0200
  • Authority, Purpose and Policy
  • (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.
  • (2) Purpose: The purpose of this rule is to establish department policy and procedures for the assignment of inmates to mental health special housing who, because of a mental illness or severe emotional disturbance, are unable to adjust satisfactorily in the general inmate population.
  • (3) Policy: The department recognizes there are a number of inmates with significant mental health issues. It is the policy of the Department of Corrections to:
  • (a) Provide an environment oriented to mental health treatment for inmates within the department who, because of mental illness or severe emotional disturbance, are behaving in such a way as to endanger themselves or others or are unable to provide for their basic needs; and
  • (b) Adopt practices within this environment to safely manage this high risk inmate population where effective treatment and behavior management can occur.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-1984; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0005; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0100 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0100 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0210
  • Definitions
  • (1) Behavior Health Services (BHS): A Health Services unit with primary responsibility for the assessment and treatment of inmates with mental illness and developmental disabilities.
  • (2) Behavioral Health Unit: An intensive behavioral management and skills training unit for inmates with serious mental illness that have committed violent acts or disruptive behavior.
  • (3) BHS Program Manager: That person who reports to the Behavior Health Services administrator and has responsibility for delivery of program services or coordination of program operations in a mental health special housing unit. Whenever the term “BHS program manager” is used in this rule it means BHS program manager or designee.
  • (4) Facility: The building and grounds area operated by the Department of Corrections which physically houses inmates.
  • (5) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an assistant director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. Whenever the term “functional unit manager” is used in this rule it means functional unit manager or designee. In these rules for mental health special housing, the “functional unit manager” is the superintendent of the institution.
  • (6) Intermediate Care Housing (ICH): A mental health special housing unit with a therapeutic environment for mental health step down from a Mental Health Infirmary; a stabilization unit for inmates who cycle in and out of a Mental Health Infirmary.
  • (7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.
  • (8) Mental Health Infirmary (MHI): A crisis response unit that provides psychiatric care and a therapeutic environment for inmates that require intensive assessment, care, and stabilization.
  • (9) Mental Health Specialist: Any person who reports to the BHS administrator and has the responsibility for delivery of mental health program services in a facility.
  • (10) Mental Health Special Housing: A housing assignment separate and apart from the general population, including facilities, rooms, or cells for inmates that are unable to adjust satisfactorily to the general inmate population because of a serious mental illness. Mental health special housing includes a Mental Health Infirmary, Intermediate Care Housing, and Behavioral Health Unit.
  • (11) Mental Health Special Housing (MHSH) Custody Manager: That person designated by the functional unit manager who is responsible for security in a mental health special housing unit and for making operational decisions in accordance with policy, rule, or procedure. Whenever the term “mental health special housing custody manager” is used in this rule it means the mental health special housing custody manager or designee.
  • (12) Mental Health Treatment Team: A team that may consist of the unit program manager(s), psychiatrist or nurse practitioner, nurse, mental health specialist, MHSH custody manager, represented custody staff members and other designated staff. The purpose of this group is to:
  • (a) Assess the mental condition of inmates assigned to a mental health special housing unit;
  • (b) Establish and update treatment plans for these inmates, and
  • (c) Coordinate their discharge and mental health follow-up.
  • (13) Reasonable Grounds: Information that is of such credibility that it would induce a reasonably prudent person to use it in the conduct of their affairs.
  • (14) Serious Mental Illness: An inmate that, in the judgment of the department, because of a mental disorder is one or more of the following:
  • (a) Dangerous to self or others;
  • (b) Unable to provide for basic personal needs and would likely benefit from receiving additional care for the inmate’s health or safety;
  • (c) Chronically mentally ill, as defined in ORS 426.495; or
  • (d) Will continue, to a reasonable medical probability, to physically or mentally deteriorate so to become a person described in (c) above unless treated.
  • (15) Special Population Management Committee (SPM): A committee that is composed of at least three department staff to include a representative from institution operations, Behavior Health Services, and the Office of Population Management.
  • (16) Treating Practitioner: Any Health Services employee who, by licensure, is authorized to prescribe treatment, including but not limited to, physicians, nurse practitioners and physicians assistants.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0010; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0110 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0110 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0220
  • Selection and Training of Staff for Mental Health Special Housing
  • (1) Selection Criteria: For positions that are solely assigned to mental health special housing:
  • (a) Custody staff must have successfully completed trial service;
  • (b) All staff requesting to work in mental health special housing will be reviewed and must receive a satisfactory appraisal by a committee designated the functional unit manager before assignment to the unit. At a minimum, the staff member must meet the following criteria:
  • (A) Have expressed a constructive interest in working with inmates in mental health special housing;
  • (B) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and
  • (C) Have demonstrated the ability to use good judgment.
  • (2) Mental health special housing positions will be made by the functional unit manager and will be reviewed as needed.
  • (3) Mental Health Special Housing Position Rotations: Rotation of staff may occur as it is found to be in the best interest or well being of the employee, or the operation of the unit, upon determination by a committee designated the functional unit manager.
  • (4) Training of Assigned Personnel: All employees assigned to work in a mental health special housing unit are required to annually complete a minimum number of 12 training hours specific to mental health special housing, in addition to any other department training requirements.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 15-1984, f. & ef. 7-20-84; CD 4-1985 f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 37-1987(Temp), f. & ef. 9-24-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; Suspended by DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0115 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0115 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0230
  • Recommendation and Referral Process to a Mental Health Special Housing Unit
  • (1) An inmate that, in the judgment of the department, meets one or more of the following conditions because of a mental illness should be considered for assignment to mental health special housing:
  • (a) A danger to others;
  • (b) A danger to self (including all inmates who are acutely suicidal);
  • (c) Unable to care for his/her basic needs;
  • (d) In an acute phase of mental or emotional disorder; or
  • (e) Needs a diagnostic evaluation or medication adjustment.
  • (2) If any staff member thinks an inmate is in need of mental health treatment in mental health special housing, the concerned staff member may submit a recommendation for a mental health evaluation.
  • (3) A mental health specialist shall complete an evaluation of the inmate within five calendar days.
  • (4) If the mental health specialist recommends placement, he/she will make the appropriate referral.
  • (5) Upon completion of the evaluation, the inmate will be assigned to a mental health special housing unit or be returned to his/her former status if assignment to mental health special housing is not needed.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0240
  • Mental Health Special Housing Assignment
  • (1) An inmate will be assigned to a mental health special housing unit based on the least restrictive environment that satisfies the needed level of care.
  • (2) Mental health special housing includes Mental Housing Infirmary, Intermediate Care Housing, and the Behavioral Health Unit. The assignment process varies dependent on the specific unit.
  • (a) Assignment to a Mental Health Infirmary will be made in accordance with OAR 291-048-0250 to 0260.
  • (b) Assignment to Intermediate Care Housing will be made in accordance with OAR 291-048-0270
  • (c) Assignment to a Behavioral Health Unit will be made in accordance with OAR 291-048-0280
  • (3) Once an inmate has been assigned to a mental health special housing unit, the inmate may be assigned to other mental health special housing units for treatment as deemed necessary or advisable by the mental health treatment team. However, an inmate may only be assigned to a Mental Health Infirmary by order of the treating practitioner.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0250
  • Voluntary Assignment to a Mental Health Infirmary
  • (1) An inmate may be voluntarily placed in a Mental Health Infirmary when:
  • (a) There is a referral from an institution mental health specialist, nurse, or outside mental health contractor; and
  • (b) The mental health treatment team finds that the inmate is in need of mental health treatment; and
  • (c) There is reasonable likelihood that treatment can be accomplished in a Mental Health Infirmary; and
  • (d) The inmate consents to admission in writing.
  • (2) The treating practitioner shall make the final decision whether an inmate is admitted to a Mental Health Infirmary for treatment.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0015; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0130 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0130 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0260
  • Involuntary Assignment to a Mental Health Infirmary
  • (1) Emergency:
  • (a) An inmate may be involuntarily assigned to a Mental Health Infirmary for evaluation for a period not to exceed five working days by order of the BHS program manager, treating practitioner, or functional unit manager, only upon a finding of reasonable grounds.
  • (b) The decision to place an inmate in a Mental Health Infirmary will be based on the recommendation of the mental health staff, psychologist, thee Medical Services manager, or available program staff. Other pertinent staff reports may also be considered.
  • (c) If the inmate is placed in a Mental Health Infirmary on an emergency basis, the functional unit manager shall inform the inmate in writing.
  • (d) Assessment: Within five working days following assignment to a Mental Health Infirmary, the mental health treatment team will assess the need for treatment. The following mental health data shall be considered by the treating practitioner in making the assessment:
  • (A) Existence and type of disorder;
  • (B) Potential therapeutic effect of a change in environment;
  • (C) Potential for development of a comprehensive program for treatment of the inmate that is available within a Mental Health Infirmary and is likely to benefit the inmate;
  • (D) Ability to function in the general population; and
  • (E) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.
  • (e) Upon completion of the assessment and compilation of the inmate’s mental health history:
  • (A) If the mental health treatment team determines the inmate is not in need of the level of care in a Mental Health Infirmary, the inmate will be returned to his/her former status or referred to mental health treatment as appropriate.
  • (B) If the mental health treatment team determines the inmate is in need of the level of care in a Mental Health Infirmary, an overall treatment plan will be developed with appropriate referral as needed.
  • (f) The inmate will be given the opportunity to voluntarily admit himself/herself to a Mental Health Infirmary.
  • (g) If the inmate is unwilling to be voluntarily admitted, the treating practitioner may admit the inmate on an involuntary basis.
  • (A) The treating practitioner will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.
  • (B) The functional unit manager will notify the hearings officer.
  • (C) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the evaluation.
  • (2) Non-Emergency:
  • (a) If an inmate is thought by any staff member to be in need of mental health treatment in a Mental Health Infirmary, the concerned staff member may submit a recommendation for a mental health evaluation as described in OAR 291-048-0230.
  • (b) If the mental health specialist recommends placement in Mental Health Infirmary, admission consideration will follow as provided in section (1)(d)(A)–(E) of this rule, with notification to the functional unit manager.
  • (c) The inmate will be given the opportunity to voluntarily admit himself/herself to a Mental Health Infirmary. If the inmate is unwilling to be voluntarily admitted, the treating practitioner may admit the inmate on an involuntary basis.
  • (A) The treating practitioner will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.
  • (B) The functional unit manager will notify the hearings officer.
  • (C) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the evaluation.
  • (3) Recommended Length of Stay: In all instances where assignment is recommended, the treating practitioner will include a recommendation for the length of stay in a Mental Health Infirmary, not to exceed 180 days.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-1985; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0020; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0140 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0140 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0270
  • Assignment to Intermediate Care Housing
  • (1) An inmate may be assigned to Intermediate Care Housing based on a referral from a mental health specialist. An inmate may be referred if:
  • (a) It is determined at release from an MHI that the inmate requires additional stabilization prior to placement into a less restrictive environment;
  • (b) It is determined at intake that the inmate does not have the basic coping skills to be placed directly into a less restrictive environment;
  • (c) It is determined during the inmate’s incarceration that he or she will have an increase in symptoms in a less restrictive environment if he or she is not provided a higher level of treatment and support; or
  • (d) The inmate demonstrates high risk for suicide or frequent self-harm.
  • (2) An inmate may be placed in Intermediate Care Housing when:
  • (a) There is a referral from a mental health specialist, nurse, or outside mental health contractor;
  • (b) The mental health treatment team finds that the inmate is in need of mental health treatment; and
  • (c) There is a reasonable likelihood that treatment can be accomplished in Intermediate Care Housing.
  • (d) The BHS program manager shall make the final decision whether an inmate is admitted to Intermediate Care Housing for treatment.
  • (3) Assessment: Within five working days following assignment to Intermediate Care Housing, the mental health treatment team will assess the need for treatment. The following mental health data shall be considered by the BHS program manager in making the assessment:
  • (a) Existence and type of disorder;
  • (b) Potential therapeutic effect of a change in environment;
  • (c) Potential for development of a comprehensive program for treatment of the inmate that is available within Intermediate Care Housing and is likely to benefit the inmate;
  • (d) Ability to function in the general population; and
  • (e) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.
  • (4) Upon completion of the assessment and compilation of the inmate’s mental health history:
  • (a) If the mental health treatment team determines the inmate is not in need of the level of care in Intermediate Care Housing, the inmate will be returned to his/her former status or referred to mental health treatment as appropriate.
  • (b) If the mental health treatment team determines the inmate is in need of the level of care in Intermediate Care Housing, an overall treatment plan will be developed with appropriate referral as needed.
  • (c) The inmate will be given the opportunity to voluntarily admit himself/herself to Intermediate Care Housing.
  • (d) If the inmate is unwilling to be voluntarily admitted, the BHS program manager may admit the inmate on an involuntary basis.
  • (A) If the inmate has previously been assigned to a mental health special housing unit on an involuntary basis within the last 180 days, the inmate may be assigned to Intermediate Care Housing without any further action.
  •  (B) If the inmate has not previously been assigned to a mental health special housing unit on an involuntary basis, the BHS program manager will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.
  • (C) The functional unit manager will notify the hearings officer.
  • (D) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the assessment.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0280
  • Assignment to a Behavioral Health Unit
  • (1) An inmate may be assigned to a Behavioral Health Unit if the inmate has committed violent acts or disruptive behavior and is diagnosed with a serious mental illness. An inmate may be referred if:
  • (a) The inmate has committed violent or disruptive disciplinary actions in either general housing or special housing units and is placed in temporary disciplinary segregation in accordance with OAR 291-105; or
  • (b) A hearings officer recommends assignment to a Behavioral Health Unit as a diversion to a disciplinary segregation sanction in accordance with OAR 291-105; or
  • (c) The inmate is being considered for placement in an Intensive Management Unit in accordance with OAR 291-055 and the Special Population Management (SPM) Committee recommends assignment to a Behavioral Health Unit.
  • (2) An inmate may be placed in a Behavioral Health Unit when:
  • (a) There is a referral from a mental health specialist, nurse, or outside mental health contractor;
  • (b) The mental health treatment team finds that the inmate is in need of mental health treatment; and
  • (c) There is a reasonable likelihood that treatment can be accomplished in a Behavioral Health Unit.
  • (d) The BHS program manager shall make the final decision whether an inmate is admitted to a Behavioral Health Unit for treatment.
  • (3) Assessment: Within five working days following assignment to a Behavioral Health Unit, the mental health treatment team will assess the need for treatment. The following mental health data shall be considered by the BHS program manager in making the assessment:
  • (a) Existence and type of disorder;
  • (b) Potential therapeutic effect of a change in environment;
  • (c) Potential for development of a comprehensive program for treatment of the inmate that is available within a Behavioral Health Unit and is likely to benefit the inmate;
  • (d) Ability to function in an Intensive Management Unit or disciplinary segregation; and
  • (e) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.
  • (4) Upon completion of the assessment and compilation of the inmate’s mental health history:
  • (a) If the mental health treatment team determines the inmate is not in need of the level of care in a Behavioral Health Unit, the inmate will be returned to his/her former status, assigned to an Intensive Management Unit or assigned to disciplinary segregation.
  • (b) If the mental health treatment team determines the inmate is in need of the level of care in a Behavioral Health Unit, an overall treatment plan will be developed with appropriate referral as needed.
  • (c) The inmate will be given the opportunity to voluntarily admit himself/herself to a Behavioral Health Unit.
  • (d) If the inmate is unwilling to be voluntarily admitted, the BHS program manager may admit the inmate on an involuntary basis.
  • (A) If the inmate has previously been assigned to a mental health special housing unit on an involuntary basis within the last 180 days, the inmate may be assigned to a Behavioral Health Unit without any further action.
  • (B) If the inmate has not previously been assigned to a mental health special housing unit on an involuntary basis, the BHS program manager will notify and deliver a copy of the Notice of Emergency/Involuntary Assignment to Mental Health Special Housing (CD 1567) to the functional unit manager.
  • (C) The functional unit manager will notify the hearings officer.
  • (D) The hearings officer will make arrangements to conduct an involuntary assignment hearing as outlined in OAR 291-048-0290 within five working days after completion of the assessment.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0290
  • Involuntary Assignment to Mental Health Special Housing
  • (1) Notice of Hearing:
  • (a) The inmate shall be given written notice of the hearing by the hearings officer not less than 24 hours prior to the hearing.
  • (b) The notice shall include a statement of the inmate’s rights with respect to the hearing.
  • (2) The hearing shall be conducted by a hearings officer or other person trained in the hearings process, in the event the hearings officer is unavailable.
  • (3) The hearings officer shall not have participated in any previous way in the assessment process.
  • (4) The hearings officer may pose questions during the hearing.
  • (5) Representation:
  • (a) In all cases, the inmate is entitled to:
  • (A) Speak in his/her own behalf;
  • (B) Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be a part of record.
  • (b) Assistance by a staff member, inmate, or other person approved by the hearings officer will be ordered for those individuals in cases where it is found that assistance is necessary based upon language barriers or competence and capacity of the inmate.
  • (6) Investigation: The inmate has a right to request that an investigation be conducted. If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process.
  • (a) An investigation shall be conducted upon the inmate’s request if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the inmate to provide with his/her own resources.
  • (b) The hearings officer may order an investigation on his/her own motion.
  • (c) The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others.
  • (7) Witnesses: Inmates have the right to call witnesses to testify before the hearings officer. Witnesses may include inmates, staff, or other persons.
  • (a) If witnesses will be called, the inmate, prior to the hearing, must develop a list of witnesses and questions to be posed to each witness. The inmate shall bring the list of questions and the list of witnesses to the hearing.
  • (b) The inmate or his/her representative shall not have the right to cross examine or directly pose questions to any witness.
  • (c) The hearings officer may exclude a specific inmate or staff witness upon finding that the witness’ testimony would not assist in the resolution of the proceeding or presents an immediate undue hazard to facility security or the safety of its staff or others. If a witness is excluded, the reason(s) shall be made a part of the record.
  • (d) The hearings officer may exclude other persons as witnesses upon finding that their testifying is unduly hazardous to facility security or the safety of its staff or others; not reasonably available; or would not assist in the resolution of the action. The reason(s) for exclusion shall be made a part of the record.
  • (e) An inmate witness shall have the right to refuse to testify.
  • (f) Persons other than inmates or staff requested as witnesses shall have the right to refuse to appear or testify.
  • (g) The hearings officer may, on his/her own motion, call witnesses to testify.
  • (h) All questions which will assist in the resolution of the proceedings, as determined by the hearings officer, shall be posed. The reason(s) for not posing a question will be made a part of the record.
  • (8) Documentation/Reports:
  • (a) Inmates shall have the right to present documents/reports during the hearing.
  • (b) The reporting staff member, or other agents of the facility who are knowledgeable, may submit documents/reports in advance of the hearing.
  • (c) The hearings officer may exclude documents/reports, making a finding that such would be unduly hazardous to facility security or the safety of its staff or others, or would not assist in the resolution of the proceeding. The reason(s) for exclusion shall be made a part of the record.
  • (d) The hearings officer may classify documents/reports as confidential upon making a finding that revealing such would constitute a threat to the safety and security of the facility or violate statutory provisions regarding confidentiality. The reason(s) for classifying documents/reports as confidential shall be made a part of the record.
  • (9) Postponement:
  • (a) A hearing may be postponed by the hearings officer for “good cause” and for a reasonable period of time, not to exceed three working days.
  • (b) “Good cause” includes, but is not limited to:
  • (A) Illness or unavailability of the inmate;
  • (B) Gathering of additional evidence; or
  • (C) Gathering of additional documentation.
  • (c) The reason(s) for the postponement shall be made a part of the record.
  • (10) At the conclusion of the hearing, the hearings officer will deliberate and determine whether the information supports placement of the inmate in mental health special housing, taking into account any contrary information submitted by the inmate. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed three working days, for the purpose of reviewing the information.
  • (a) No Justification: The hearings officer may find that the information does not support placement in mental health special housing, in which case the hearings officer will recommend that the inmate return to his/her former status with all rights and privileges of that status.
  • (b) Justification: The hearings officer may find the report does support placement in mental health special housing, in which case the hearings officer will so inform the inmate and recommend the inmate be assigned to mental health special housing for a specified period of time as recommended by the treating practitioner and mental health treatment team, not to exceed 180 days.
  • (11) Hearing Record:
  • (a) Upon completion of a hearing, the hearings officer shall prepare a hearing record within five days following the conclusion of the hearing.
  • (b) The record of the formal hearing shall include:
  • (A) Examination reports;
  • (B) Notice of hearing and rights;
  • (C) Recording of hearing;
  • (D) Supporting material(s); and
  • (E) “Findings of Fact, Conclusion, and Recommendation” of the hearings officer.
  • (c) The hearings officer will retain the recording and forward to the Behavior Health Services Administrator items (A), (B), (D), and (E) of this section.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84 CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0025; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0150 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0150 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0300
  • Administrative Review
  • (1) The Behavior Health Administrator or designee shall review the results of any hearing held to involuntarily place an inmate in mental health special housing.
  • (2) The Behavior Health Administrator or designee shall review the Findings of Fact, Conclusion, and Recommendation of the hearings officer to determine whether:
  • (a) There was substantial compliance with the procedural requirements of these rules;
  • (b) The recommended decision was based on substantial information; and
  • (c) The recommended decision was proportionate to the information and consistent with the provisions of the rule.
  • (3) Within five days of the receipt of the hearings officer’s report, the Behavior Health Administrator or designee shall enter an order to:
  • (a) Affirm the hearings officer’s recommended decision;
  • (b) Modify the hearings officer’s recommended decision; or
  • (c) Reverse the hearings officer’s recommended decision.
  • (4) If the Behavior Health Administrator or designee modifies or reverses the hearings officer’s recommended decision, the Behavior Health Administrator or designee must state the reason(s) in writing and promptly notify the inmate, hearings officer, mental health treatment team and functional unit managers of the action and reason.
  • (5) A copy of the order shall be returned to the hearings officer and the inmate.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0030; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0160 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0160 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0310
  • Provision of Basic Services and Programs in Mental Health Special Housing
  • (1) Mental health special housing shall be under the clinical supervision of the BHS program manager and the operational supervision of the MHSH custody manager.
  • (2) An inmate in mental health special housing may be given special security housing upon recommendation of the mental health treatment team for a specified period of time, and may not be permitted out of their assigned cell/room except when in actual custody of a custody staff member.
  • (3) Basic services and programs shall be determined by the mental health treatment team. The manner in which services and programs are provided may differ from the way they are provided to inmates in general population, if providing them in a routine manner would cause an immediate and continuing threat to the security of the facility or the safety of its staff or others.
  • (4) The mental health treatment team will develop, implement, or modify each individual inmate’s treatment. A review of the inmate’s treatment plans will occur as clinically indicated.
  • (a) The plan will have a specific set of objectives to meet in a progression of increasing personal responsibility. The treatment plan must be written, and a copy given to each inmate with whom the treatment plan is developed. A review of treatment plans will occur every 30 days or as clinically indicated.
  • (b) A treatment plan may include, but is not limited to, a structured daily schedule for that individual inmate different from the unit schedule based on that inmate’s individual needs.
  • (5) Mental health special housing staff may temporarily withhold a basic service previously approved to an inmate in mental health special housing if he/she has sufficient reason to believe the security of the facility, its staff or others is in immediate danger.
  • (a) The MHSH custody manager shall be informed as soon as is reasonable of any service or program that is withheld.
  • (b) All such actions directly affecting an inmate’s individual treatment must be reported to the BHS program manager by the following work day.
  • (c) The mental health treatment team must review any basic service or program that is withheld continuously.
  • (6) Psychiatric treatment or any type of psychotropic drugs administered to an inmate assigned to mental health special housing shall be in accordance with the Department of Corrections rule on Informed Consent to Treatment (OAR 291-064).
  • (7) All psychotropic medication administered to inmates housed in mental health special housing shall be prescribed by a licensed treating practitioner. All prescribed medication shall be administered by a nurse licensed to administer medication.
  • (8) Personal Property: Items permitted will, in general, be in accordance with the department’s rule on Personal Property (Inmate) (OAR 291-117). Personal property items may be withheld for security and treatment purposes, as determined by the mental health treatment team.
  • (9) Visits: An inmate in mental health special housing will be permitted visits in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127).
  • (10) Recreation: An inmate will have an opportunity to participate in an exercise period in accordance with the inmate’s individual treatment plan and the operational needs of the unit.
  • (11) The management of an inmate placed in therapeutic restraints for medical or mental health treatment shall be in accordance with the rule on Therapeutic Restraints (Use of) (OAR 291-071).
  • (12) Suicide or Crisis:
  • (a) An inmate assigned to mental health special housing because of suicidal ideation, or attempt, may be placed on suicide precaution as directed by program or custody manager(s) assigned to the unit.
  • (b) The inmate will maintain this status until the assigned BHS staff determines that the suicide precaution is no longer necessary, in accordance with the Department of Corrections rule on Suicide Prevention in Correctional Facilities (OAR 291-076).
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0170 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0170 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0320
  • Release From Mental Health Special Housing
  • (1) Upon inmate petition, an inmate assigned to mental health special housing on a voluntary basis will be reassigned to a less restrictive environment within five working days, unless the mental health treatment team determines continued treatment at the current level of care is necessary. In such instances, the mental health treatment team shall follow the procedures for involuntary assignment outlined in OAR 291-048-0290.
  • (2) An inmate assigned involuntarily to mental health special housing will remain so assigned for only the shortest length of time necessary to achieve the purpose(s) for which the assignment was prescribed. The assignment shall not exceed 180 days unless the assignment is renewed in a subsequent administrative hearing as outlined in OAR 291-048-0290.
  • (3) When an inmate is released from mental health special housing, the mental health treatment team, in collaboration with the Office of Population Management, will determine the appropriate housing assignment; e.g., general population, Intensive Management Unit, disciplinary segregation, administrative housing, etc.
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist: DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • 291-048-0330
  • Administrative Hold Assignments
  • (1) The functional unit manager(s) may temporarily assign an inmate to mental health special housing for other than mental health reasons on administrative hold status if he/she determines that the inmate’s assignment is necessary or advisable to protect the safety, security, health, good order and discipline of the facility, its staff, visitors or other inmates, or to further other legitimate correctional objectives.
  • (2) Assignment to mental health special housing on administrative hold status shall not be an admission to the unit. An inmate assigned to mental health special housing on administrative hold status will be subject to all operational policies and procedures while assigned to the unit.
  • (3) An inmate may be involuntarily assigned to mental health special housing for a period in excess of 30 days in accordance with the notice and hearings process set forth in the department’s rule on Administrative Housing (OAR 291-046).
  • Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
  • Hist.: DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0190 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0190 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11
  •  
  • Rule Caption: Retraction and Restoration of Earned Time Credits for Inmates Needing Residential Alcohol and Drug Treatment (Special Case Factor 25) and Housekeeping Issues.
  • Adm. Order No.: DOC 7-2011
  • Filed with Sec. of State: 4-8-2011
  • Certified to be Effective: 4-8-11
  • Notice Publication Date: 12-1-2010
  • Rules Adopted: 291-097-0031
  • Rules Amended: 291-097-0010, 291-097-0020, 291-097-0025, 291-097-0040, 291-097-0050
  • Rules Repealed: 291-097-0010(T), 291-097-0020(T), 291-097-0025(T), 291-097-0040(T), 291-097-0050(T)
  • Subject: These rule modifications are necessary to remove the Special Case Factor 25 designation (high criminality/high addiction) which requires an inmate with this designation to complete a residential alcohol and drug program. All earned time credits are retracted if the inmate doesn’t complete addiction treatment prior to release. The designation was created to motivate inmates into treatment by creating a higher level of negative consequences for noncompliance with programming. However, recent research shows that mandated treatment with negative consequences for not completing treatment is not effective, especially in a correctional setting. These inmates will still be classified appropriately, but they won’t be treated differently than other inmates for noncompliance with programming. Other amendments are necessary for housekeeping issues.
  • Rules Coordinator: Janet R. Worley—(503) 945-0933
  •  
  • 291-097-0010
  • Definitions
  • (1) Certificate or Degree from a Post-Secondary Education Institution: A certificate or degree awarded by a post-secondary education institution as defined in ORS 337.511 for satisfactory completion of a course of study, which has been approved by the State Board of Education.
  • (2) Earned Time Credits: Sentence reduction credits (days), up to 30 percent of the sentence imposed, that can be earned by an inmate sentenced under sentencing guidelines, pursuant to ORS 421.121, and these rules. The inmate earns the reductions by compliance with his/her Oregon Corrections Plan and institution conduct.
  • (a) An inmate who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 prior to January 1, 2010, earns the reductions by compliance with his/her Oregon Corrections Plan and institution conduct.
  • (b) An inmate who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010, earns the reductions by institutional conduct, compliance with his/her Oregon Corrections Plan, and obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010.
  • (3) Earned Time Release Date: The release date that has been achieved by an inmate, calculated by subtracting the earned time credits accrued from the maximum date.
  • (4) Extra Good Time Credits: Sentence reduction credits (days) that can be earned by an inmate sentenced for crimes committed prior to November 1, 1989 (pre-sentencing guidelines), for satisfactory work assignment or participation in an educational program, pursuant to ORS 421.120(1)(c), (d) and (e) and 421.122, and these rules. Days earned reduce the statutory good time date. Methods of computation are delineated in OAR 291-097-0070.
  • (5) Final Review Period: An increment of at least four months prior to an inmate’s projected release date.
  • (6) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.
  • (7) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, or an Assistant Director and has responsibility for the delivery of program services or coordination of program operations.
  • (8) Judgment: Document issued by the court that commits an inmate to the legal and physical custody of the Department of Corrections, and reflects the inmate’s term of incarceration, term of post-prison supervision, and court-ordered supervision conditions, if any.
  • (9) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.
  • (10) Offender: Any person under the supervision of the Department of Corrections, local supervisory authority or community corrections who is on probation, parole or post-prison supervision status.
  • (11) Offender Information & Sentence Computation Unit (OISC): The functional unit charged to administrate applicable statutes pertaining to sentencing; develop, implement and revise applicable processes for inmate and offender sentence computation; respond to public information requests with regard to inmates and offenders; certify an inmate’s release date; and provide supportive services to Department facilities with regard to inmate sentencing.
  • (12) Oregon Corrections Plan (OCP): An automated case management tool incorporated into the Corrections Information System that serves as the primary tool for tracking an inmate’s progress in working to mitigate the identified risk factors.
  • (13) Parole Release Date: The date on which an inmate is ordered to be released from an indeterminate prison sentence(s) to parole by the Board of Parole and Post-Prison Supervision. Parole release may be to the community, detainer or to another Department of Corrections sentence.
  • (14) Post-Secondary Education Institution: An education institution as defined in ORS 337.511.
  • (15) Pre-Sentence: That period of time a defendant spends in physical custody or incarceration from the point of arrest to the date of delivery to the Department to serve that sentence.
  • (16) Prison Term:
  • (a) Sentencing Guidelines Sentences: The length of incarceration time within a Department of Corrections facility as established by the court in the judgment for each crime of conviction.
  • (b) Pre-Sentencing Guidelines Sentences: The length of required incarceration time within a Department of Corrections facility as established by the order of the Board of Parole and Post-Prison Supervision setting of a parole release date.
  • (17) Prison Term Analyst: The staff person from OISC responsible for calculating inmates’ sentences, applying sentence reduction credits and establishing release dates pursuant to applicable rules and statutes.
  • (18) Projected Release Date: The date upon which an inmate is anticipated to complete service of the prison term.
  • (19) Restoration of Earned Time, Statutory Good Time, Extra Good Time Credits: Where previously retracted earned time, statutory good time, extra good time and previously forfeited statutory good time and extra good time for parole violators are granted and applied back to the inmate’s sentence.
  • (20) Retraction: Where previously granted earned time, statutory good time or extra good time credits are forfeited by an inmate as a result of a significant negative action on the part of the inmate, in accordance with the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105), or forfeiture of program earned time credits, advanced at the beginning of the final review period, for failure to comply with the OCP during the final review period.
  • (21) Review Period: A six-month increment, beginning with an inmate’s admission date, used to determine an inmate’s compliance with institution behavior and his/her OCP.
  • (22) Short-Term Transitional /Non-Prison Leave: A leave for a period not to exceed 90 days preceding an established release date that allows an inmate opportunity to secure appropriate transitional support when necessary for successful reintegration into the community. Short-term transitional leave/non-prison leave is granted in accordance with ORS 421.510 and the Department’s rule on Short-Term Transitional Leave, Emergency Leaves, and Supervised Trips (OAR 291-063).
  • (23) Statutory Good Time Credits: Prison term reduction credits (days) applicable to sentences for crimes committed prior to November 1, 1989 (matrix sentences) consisting of a reduction of one day for every two days served, pursuant to ORS 421.120(1)(a) and (b), and these rules. The application of statutory good time days establishes the initial statutory good time date and is re-calculated upon parole revocation based on the length of the remaining sentence.
  • (24) Supplemental Judgment: The form of judgment prepared by and transmitted to a sentencing court pursuant to Oregon Laws 2009, Chapter 660, §18 (House Bill 3508) which authorizes the Department to consider the inmate for a reduction in the term of incarceration under ORS 421.121 that may not exceed 30 percent of the total term of incarceration in a DOC facility.
  • Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508) & 2009 OL Ch. 623 (HB 2623)
  • Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508) & 2009 OL Ch. 623 (HB 2623)
  • Hist.: CD 14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2000, f. & cert. ef. 6-26-00; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11
  •  
  • 291-097-0020
  • Calculation and Application of Earned Time Credits
  • (1) For inmates sentenced on or after November 1, 1989, the maximum amount of earned time credits is 20 percent of the total sentencing guidelines sentence.
  • (a) In determining whether an inmate will receive earned time credits for the review period under consideration, inmate performance will be evaluated in two areas: 10 percent for compliance with the Oregon Corrections Plan and 10 percent for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.
  • (b) Pursuant to Oregon Laws 2009, chapter 623 and section (4) of this rule, consideration for earned time credit may also be given for an inmate who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010.
  • (2) For inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010, or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department of Corrections to consider the inmate eligible for additional earned time credits, the maximum amount of earned time credits is 30 percent of the total sentencing guidelines sentence.
  • (a) In determining whether an inmate will receive earned time credits for the review period under consideration, inmate performance will be evaluated in two areas: 15 percent for compliance with the Oregon Corrections Plan and 15 percent for maintaining appropriate institution conduct. The only possible determination for each area is noncompliance or compliance.
  • (b) Pursuant to Oregon Laws 2009, chapter 623 and section (4) of this rule, consideration for earned time credit may also be given for an inmate who obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010.
  • (3) Earned Time Review Periods:
  • (a) Oregon Corrections Plan compliance is defined as acceptable participation in work and self-improvement programs required within the OCP. The required activities within the OCP are determined by ongoing assessment and evaluation, which begins at the inception of the inmate prison term.
  • (A) An inmate will be considered to be compliant if he/she was not failed from the required program activity(ies) during the review period under consideration, nor did the inmate refuse to participate in required programming during the review period under consideration.
  • (B) As needed, the counselor will communicate with the treatment or program providers as well as work crew supervisors to evaluate an inmate’s compliance with the required program activity(ies).
  • (C) If the inmate’s counselor determines the inmate is non-compliant with the OCP, he/she will approve a program failure for documentation in the inmate’s computer record.
  • (b) Institution conduct compliance is defined as maintaining Level I or Level II major misconduct-free behavior during the review period. Major misconduct is documented in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). Any finding of a Level I or Level II major misconduct violation during the review period will be considered as noncompliance. The date of the adjudication, not of the incident, will be used for the date of the violation.
  • (c) At the end of each review period, the prison term analyst will review the inmate’s computer records for information reflecting the inmate’s compliance with the current Oregon Corrections Plan and institution conduct. Based on the information contained in the inmate’s computer records, the prison term analyst will apply either:
  • (A) An effective 0, 10, or 20 percent reduction to the sentencing guidelines sentence proportional for the review period under consideration for inmates sentenced on or after November 1, 1989, or
  • (B) An effective 0, 15, or 30 percent reduction to the sentencing guidelines sentence proportional for the review period under consideration for inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010 or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department to consider the inmate eligible for additional earned time credits.
  • (d) For inmates housed in non-Oregon Department of Corrections facilities, the designated counselor will review the inmate’s institution file including any reports received from the housing facility to determine compliance with the current OCP and institution conduct.
  • (A) OCP compliance will be determined by the inmate’s reported compliance with requirements as determined by Department staff or the housing facility staff.
  • (B) Due process comparable to the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105) shall be applied. Institution conduct non-compliance will be determined by substituting the rule(s) of prohibited conduct, for the rule(s) violated at the housing facility, with the most equivalent charges as defined in the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). The functional unit manager or designee may impose sanctions, in addition to that imposed by the housing facility, related to sentence reductions.
  • (e) For each review period under consideration for inmates housed in Oregon Department of Corrections facilities, the prison term analyst will list the reasons for applying or not applying earned time credits and record the corresponding percentage of earned time applied to the inmate’s sentence on the Earned Time Computation Form (CD 1154D).
  • (f) For inmates housed in non-Oregon Department of Corrections facilities, the designated counselor will list the reasons for applying or not applying earned time credits and record the corresponding percentage of earned time applied on the Earned Time Computation Form (CD 1154D).
  • (g) Upon the prison term analyst’s or counselor’s application of earned time credits toward an inmate’s sentence for the review period under consideration, the OISC Unit will recompute the inmate’s new earned time release date, file the Earned Time Computation Form (CD 1154D) in the institution file, and provide a copy of the determination to the inmate.
  • (4) Determination of Earned Time Credits for Education or Apprenticeship Certifications:
  • (a) Inmates who obtain a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 prior to January 1, 2010 are not eligible to be considered for earned time credits for education or apprenticeship certifications.
  • (b) Subject to OAR 291-097-0025 (Retraction of Earned Time Credits), 291-097-0030 (Restoration of Earned Time Credits), and 291-097-0040 (Determination of Earned Time Credits During Final Review Period for Sentencing Guidelines Sentences), at the time an inmate obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010, the prison term analyst will apply the amount of earned time credits, not to exceed 60 days, to the amount of earned time credits actually received by the inmate for either maintaining appropriate institution conduct or compliance with his/her Oregon Corrections Plan, in order to bring the inmate’s total earned time credits up to the amount of earned time credits the inmate would have received if the inmate maintained appropriate institution conduct and was in full compliance with his/her Oregon Corrections Plan as of the date the inmate obtained the education or apprenticeship certification.
  • (A) The Department may apply up to 60 days earned time credits for education or apprenticeship certifications toward prior earned time not credited to the sentence due to adjudicated misconduct during the presentence incarceration or while an inmate is incarcerated in an Oregon county jail prior to the inmate’s return to a Department of Corrections facility following an escape, revocation of second look conditional release, or violation of non-AIP or AIP short-term transitional leave, or toward non-compliance with institutional conduct or the Oregon Corrections Plan, and toward earned time previously retracted during the service of the sentence.
  • (B) In no event will an inmate be credited with more earned time credits than the amount of earned time credits the inmate would have received toward the sentence if the inmate maintained appropriate institutional behavior and was in full compliance with his/her Oregon Corrections Plan as of the date the inmate obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.
  • (C) The earned time credits for education or apprenticeship certifications may not be applied to a sentence whose prison term reached its earned time release date prior to the date the inmate obtained a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.
  • (D) An inmate may be credited with multiple education or apprenticeship certifications as long as no individual sentence receives more than 60 days total earned time credit for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in 660.010.
  • (E) The date the inmate successfully meets the total score requirements for the GED certificate is the date the inmate is deemed to have obtained his/her GED certificate.
  • (5) Determination of Earned Time Credits During Presentence Incarceration: For crimes committed on or after November 1, 1989, earned time credits will be computed for the period in which an inmate is in custody in a non-Department of Corrections facility prior to sentencing and admission to the Department of Corrections, based solely on the inmate’s conduct in the facility.
  • (a) Conduct compliance will be assumed, unless the Department receives documentation of adjudicated misconduct from the facility.
  • (A) For inmates sentenced on or after November 1, 1989, the inmate will be granted an effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional for the length of presentence incarceration.
  • (B) For inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010, or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department to consider the inmate eligible for additional earned time credits, the inmate will be granted an effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional for the length of presentence incarceration.
  • (b) Any verified major misconduct equivalent to a Level I or Level II major misconduct violation as defined in the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105) during any of the presentence incarceration credits applied to the sentence will result in an effective 0 percent reduction toward the sentencing guidelines sentence proportional for the total length of presentence incarceration. The date of the adjudication, not of the incident, will be used for the date of the violation.
  • (A) For inmates sentenced on or after November 1, 1989, conduct compliance will result in an effective 20 percent reduction in the sentencing guidelines prison term proportional for the length of presentence incarceration.
  • (B) For inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010, or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department to consider the inmate eligible for additional earned time credits, conduct compliance will result in an effective 30 percent reduction in the sentencing guidelines prison term proportional for the length of presentence incarceration.
  • (6) If the inmate escapes, the prison term analyst will close out the current earned time review period, changing the current review period to end the day after escape. An inmate that is returned from an escape to a Department of Corrections facility will have the starting date of the new earned time credit cycle begin with the date of return. The escape will constitute a program failure for the period up to the escape.
  • (7) Alternative Incarceration Program:
  • (a) If, during any review period, the inmate is assigned to an Alternative Incarceration Program and for sufficient justification as determined by the functional unit manager’s committee to be unsuccessful, the inmate will be considered a program failure as provided by the Department’s rule on Alternative Incarceration Programs (OAR 291-062).
  • (b) If the inmate fails to successfully complete the short-term transitional leave (non-prison leave) granted through the Alternative Incarceration Program, the inmate will be considered a program failure and non-compliant with institution conduct for the length of the inmate’s short-term transitional leave. The failure to successfully complete the short-term transitional leave (non-prison leave) will not result in a retraction of the portion of earned time credits for program compliance advanced at the beginning of the final review period as outlined in OAR 291-097-0025(3).
  • (8) Determination of earned time credits for inmates on non-AIP transitional leave:
  • (a) Earned time credits will be computed for the period in which an inmate is serving the remainder of his/her sentencing guidelines term of incarceration on short-term transitional leave (OAR 291-063).
  • (A) Institution conduct and Oregon Corrections Plan compliance will be assumed while an inmate is released on short-term transitional leave.
  • (B) Earned time credits for the period on transitional leave will be applied at a rate of 20 percent or 30 percent, in accordance with the applicable rate for the sentence at the time of release onto short-term transitional leave.
  • (b) A revocation of an inmate’s short-term transitional leave is deemed non-compliance with the inmate’s Oregon Corrections Plan and non-compliance with institution conduct. Upon revocation of short-term transitional leave, an inmate will receive an effective 0 percent reduction for OCP compliance and 0 percent reduction toward the sentencing guidelines sentence for institutional conduct proportional for the length of the inmate’s short-term transitional leave.
  • (c) The failure to successfully complete the short-term transitional leave will not result in a retraction of the portion of earned time credits for program compliance advanced at the beginning of the final review period as outlined in OAR 291-097-0025(3).
  • (9) If all of an inmate’s sentence(s) is vacated, reversed and remanded for new trial, or conviction affirmed and remanded for resentencing, the prison term analyst will close out the current earned time review period to end the day after release to the sentencing court. An inmate that is returned on a resentence will start a new review period, effective the date of return to a Department of Corrections facility. The new earned time credit cycle date will be reflected on the inmate’s facesheet.
  • (10) Determination of earned time credits for inmates serving the remainder of a sentencing guidelines sentence on conditional release (Second Look):
  • (a) Earned time credits will be computed for the period in which an inmate is serving the remainder of his/her sentencing guidelines term of incarceration in the community on conditional release, based solely on the inmate’s compliance with his/her conditional release plan.
  • (b) Earned time credits for the period on conditional release (Second Look) will be applied at a rate of 20 percent or 30 percent, in accordance with the applicable rate for the sentence at the time of release onto conditional release (Second Look).
  • (c) Conduct compliance will be assumed, unless the inmate’s conditional release is revoked by the sentencing court.
  • (d) Any revocation of an inmate’s conditional release prior to the inmate reaching his/her projected earned time date will result in an effective 0 percent reduction in the sentencing guidelines prison term for the length of the inmate’s sentence being served in the community on conditional release.
  • (11) If an inmate is incarcerated in an Oregon county jail prior to the inmate’s return to a Department of Corrections facility following an escape, revocation of second look conditional release, or violation of non-AIP or AIP short-term transitional leave, earned time credits will be computed for the period in which the inmate is in custody based solely on the inmate’s conduct in the county jail.
  • (a) Conduct compliance will be assumed, unless the Department receives documentation of adjudicated misconduct from the facility.
  • (A) For inmates sentenced on or after November 1, 1989, the inmate will be granted an effective 0 or 20 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration.
  • (B) For inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010, or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department to consider the inmate eligible for additional earned time credits, the inmate will be granted an effective 0 or 30 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration.
  • (b) Any verified major misconduct equivalent to a Level I or Level II major misconduct violation as defined in the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105) during the incarceration will result in an effective 0 percent reduction toward the sentencing guidelines sentence proportional for the length of incarceration. The date of the adjudication, not of the incident, will be used for the date of the violation.
  • (A) For inmates sentenced on or after November 1, 1989, conduct compliance will result in an effective 20 percent reduction in the sentencing guidelines prison term proportional for the length of incarceration.
  • (B) For inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010, or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department to consider the inmate eligible for additional earned time credits, conduct compliance will result in an effective 30 percent reduction in the sentencing guidelines prison term proportional for the length of incarceration.
  • Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508), 2009 OL Ch. 623 (HB 2623) & 2010 OL Ch. 2 (SB 1007)
  • Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508), 2009 OL Ch. 623 (HB 2623) & 2010 OL Ch. 2 (SB 1007)
  • Hist.: CD 14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2000, f. & cert. ef. 6-26-00; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11
  •  
  • 291-097-0025
  • Retraction of Earned Time Credits
  • Time credits previously earned or applied will be retracted as follows:
  • (1) The inmate is found guilty of a major rule violation after a formal disciplinary hearing or upon waiver of the inmate’s right to a hearing, and the disciplinary order directs that earned time credits earned or applied be forfeited in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291 105).
  • (a) A recommendation for retraction of earned time shall be within the range corresponding to the violation level as set forth in Table 1.
  • (b) A recommendation for retraction of earned time credits may not exceed the amount previously applied, including any amount credited to the inmate for obtaining a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010 on or after January 1, 2010.
  • (2) Failure to comply with the OCP during the final review period will result in a retraction of the portion of the earned time credits for program compliance advanced at the beginning of the final review period. The prison term analyst will document the retraction on the Earned Time Computation form (CD 1154D).
  • [ED. NOTE: Tables referenced are available from the agency.]
  • Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, OL 2009 OL Ch. 660 (HB 3508) & 2009 OL Ch. 623 (HB 2623)
  • Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508) & 2009 OL Ch. 623 (HB 2623)
  • Hist.: CD 14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11
  •  
  • 291-097-0031
  • Restoration of Earned Time Credits from Special Case Factor 25 Retractions
  • (1) Special Case Factor 25: Inmates identified as both highly criminal and highly involved with drugs or alcohol through intake screening or subsequent assessment were previously required to participate and complete a residential alcohol and drug program if available prior to the inmate’s release or have their program earned time retracted for non-compliance.
  • (2) For only those inmates currently incarcerated and serving a sentence for a crime committed on or after November 1, 1989, and who were previously identified as needing residential alcohol and drug treatment (SCF 25), OISC shall restore all earned time credits previously retracted for SCF 25 non-compliance. Time credits restored shall not exceed those previously retracted.
  • Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
  • Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
  • Hist.: DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11
  •  
  • 291-097-0040
  • Determination of Earned Time Credits During Final Review Period for Sentencing Guideline Sentences
  • (1) Four months prior to an inmate’s projected release date, prison term analysts (or the designated counselor for inmates housed in non-Oregon Department of Corrections facilities) will conduct a final review of inmates’ earned time compliance.
  • (a) Final reviews will be conducted only for inmates serving a sentencing guidelines sentence. Prison term analysts will advance and apply earned time credits for the final review period.
  • (b) An inmate’s full compliance with the OCP and institutional behavior will be assumed during the final review period.
  • (A) For inmates sentenced on or after November 1, 1989, the prison term analyst will apply an effective 20 percent reduction in sentence for the final review period and the OISC Unit will recompute the inmate’s new earned time release date.
  • (B) For inmates with eligible crimes sentenced on or after July 1, 2009 for a crime committed prior to February 17, 2010, or inmates sentenced prior to July 1, 2009 and for whom the sentencing court has issued a supplemental judgment authorizing the Department to consider the inmate eligible for additional earned time credits, the prison term analyst will apply an effective 30 percent reduction in sentence for the final review period and the OISC Unit will recompute the inmate’s new earned time release date.
  • (2) If, after the completion of a final review and advancement of earned time credits for the final review period, the inmate’s prison term is extended as a result of a new sentence or an adjustment in presentence time, the prison term analyst will delete the final review and any earned time credits advanced for the final review period. The prison term analyst will complete a new Earned Time Computation form (CD 1154D) to assure that the extended prison term is reviewed in accordance with these rules.
  • (3) If, after the completion of a final review and advancement of earned time credits for the final review period, the inmate’s prison term is reduced, the OISC Unit will adjust the final review period and any earned time credits advanced for the final review period provided the inmate was in full compliance with his/her Oregon Corrections Plan and institutional behavior at the time of the final review.
  • (a) If the inmate was in partial compliance with his/her Oregon Corrections Plan or institutional behavior at the time of the final review, the prison term analyst will delete the final review and any earned time credits advanced for the final review period.
  • (b) The prison term analyst will complete a new Earned Time Computation form (CD 1154D) to assure that the reduced prison term is reviewed in accordance with these rules.
  • (4) If, after the completion of a final review and advancement of earned time credits for the final review period, the inmate obtains a high school diploma, General Educational Development (GED) certificate, a certificate or degree from a post-secondary education institution as defined in ORS 337.511, or a journey level certification from a registered apprenticeship program as defined in ORS 660.010, the OISC Unit will adjust the final review period and any earned time credits advanced for the final review period in accordance with OAR 291-097-0020(4).
  • Stat. Auth.: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508), 2009 OL Ch. 623 (HB 2623), 2010 OL Ch. 2 (SB 1007)
  • Stats. Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030, 423.075, 2009 OL Ch. 660 (HB 3508), 2009 OL Ch. 623 (HB 2623), 2010 OL Ch. 2 (SB 1007)
  • Hist.: CD 14-1990, f. & cert. ef. 7-2-90; CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 15-2009(Temp), f. & cert. ef. 8-31-09 thru 2-23-10; DOC 23-2009, f. & cert. ef. 11-20-09; DOC 6-2010(Temp), f. & cert. ef. 4-14-10 thru 10-11-10; DOC 9-2010, f. & cert. ef. 7-14-10; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11
  •  
  • 291-097-0050
  • Administrative Review
  • (1) An inmate may obtain an independent review of the determination of his/her OCP performance as documented by the prison term analyst or designated counselor (for inmates housed in non-Oregon Department of Corrections facilities) for each review period by writing to the Office of Population Management and requesting an administrative review of the determination.
  • (a) The review request must be in writing on an Inmate Communication form (CD 214), and must state the reason(s) why the inmate believes the determination is not correct. A copy of the Earned Time Computation form under review must also be submitted.
  • (b) Requests for administrative review must be received by the Office of Population Management no later than 30 days after final determination as indicated on the Earned Time Computation form.
  • (2) If an inmate submits a proper and timely request for administrative review the Office of Population Management shall review the determination, and either approve or modify the determination, in writing, within 30 days after receipt of the request. A copy of the order shall be provided to the inmate, his/her assigned counselor, and OISC.
  • [ED. NOTE: Forms referenced are available from the agency.]
  • Stat Auth: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
  • Stat Implemented: ORS 137.635, 144.108, 144.110, 161.610, 179.040, 421.120 - 421.122, 423.020, 423.030 & 423.075
  • Hist.: CD 17-1993, f. 6-7-93, cert. ef. 6-9-93; CD 11-1996, f. 8-27-96, cert. ef. 9-1-96; DOC 18-2001, f. & cert. ef. 10-12-01; DOC 23-2008(Temp), f. & cert. ef. 9-12-08 thru 3-10-09; DOC 2-2009, f. & cert. ef. 3-10-09; DOC 14-2010(Temp), f. & cert. ef. 10-19-10 thru 4-15-11; DOC 7-2011, f. & cert. ef. 4-8-11

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.

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