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Oregon Bulletin

July 1, 2011

 

Department of Corrections
Chapter 291

Rule Caption: Capital Punishment (Death by Lethal Injection).

Adm. Order No.: DOC 9-2011(Temp)

Filed with Sec. of State: 5-31-2011

Certified to be Effective: 5-31-11 thru 11-27-11

Notice Publication Date:

Rules Amended: 291-024-0005, 291-024-0010, 291-024-0015, 291-024-0016, 291-024-0020, 291-024-0025, 291-024-0055, 291-024-0060, 291-024-0066, 291-024-0071, 291-024-0080

Subject: On May 18, 2011, Marion County Circuit Court Judge Joseph C. Guimond issued a Death Warrant in State v. Gary Haugen, Marion County Circuit Court Case No. 04C46224, authorizing and commanding the Superintendent of the Oregon State Penitentiary to execute the court’s judgment that defendant Gary Haugen be punished by death. In accordance with the timeframe prescribed in ORS 137.463, the Death Warrant requires the Superintendent to carry out the defendant’s death sentence on August 16, 2011. Immediate adoption of these temporary rule amendments is necessary in order for ODOC to conform its rules to ODOC’s current organizational structure and personnel, to conform the existing rule regarding media interviews with condemned inmates to ODOC policies regarding the same as established in ODOC’s rule on Media Access to Designated Inmates, OAR 291-204-0060, and to make desired changes in operational policies and procedures, including changing the time of day that executions will be carried out by the Superintendent.

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

291-024-0005

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 137.463, 137.473, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish Department of Corrections policy and specific procedures for administration of capital punishment in accordance with Oregon statutes. In addition, the rule establishes specific procedures for the care, custody and treatment of condemned inmates from the time an inmate is received through execution, and identifies responsibilities for preparation and carrying out of death sentences imposed under Oregon law.

(3) Policy:

(a) It is the policy of the Department of Corrections to discharge its statutory responsibility to carry out death sentences imposed under Oregon law in a manner that is consistent with Oregon statutes, and with the safe, secure and orderly management and operation of the Department of Corrections institution in which the execution takes place, the safety and security of Department staff and other persons directly involved in the execution process, and their families, with due regard for the dignity of the condemned inmate, and within the limitations of space and resources. Consistent with these policies, executions will be conducted in a manner designed to protect as completely as possible the anonymity of Department staff and other persons involved. All executions shall take place within the enclosure of a Department of Corrections institution designated by the Director of the Department of Corrections.

(b) Conscience Clause: Except as provided by statute, no employee of the Department of Corrections shall be required to participate in the execution of an inmate sentenced to death.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; CD 2-1997, f. & cert. ef. 2-7-97; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0010

Definitions

(1) Basic Visiting: The opportunity for an inmate and approved visitor to see and talk with each other, on a scheduled basis for a reasonable period of time, with no physical contact.

(2) Execution Camera Monitoring System: Non-recording camera installed over execution gurney with monitors for witness viewing of condemned inmate’s placement in restraints on the gurney and insertion of IV’s.

(3) Execution Room: The location where executions will take place.

(4) Immediate Family of the Victim: The victim’s parents, spouse or domestic partner, siblings, children, grandparents, including step relationships.

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

(6) Superintendent: Any person within the Department of Corrections who reports to the Assistant Director of Operations and Institutions Administrator and has the responsibility for the delivery and coordination of programs operations in a specific facility/institution.

(7) Victim: The person or persons for whose murder the inmate was sentenced to death.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030, 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CSD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; CD 2-1997, f. & cert. ef. 2-7-97; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0015

Reception, Orientation, and Housing

When an inmate is received at an Oregon Department of Corrections institution with a sentence of death, the inmate will be immediately classified as maximum custody. The inmate will be housed in a Level 5 custody cell or unit at a Department of Corrections institution designated for the housing of inmates sentenced to death.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0016

Receipt of Death Warrant

(1) Notifications:

(a) The Superintendent will personally notify the Director that the execution will commence at 7:00 p.m. or as soon thereafter as possible on the date specified in the warrant ordering execution. Such notification will be followed by a letter from the Superintendent to the Director confirming this information. The Director will subsequently notify the Governor of the date and time of the pending execution.

(b) The Superintendent, with the Assistant Superintendent of Security, will interview the inmate to be executed, provide the inmate with a copy of the death warrant, and document the interview.

(c) The Superintendent will send a letter to the medical examiner indicating the date and time of the scheduled execution, requesting that the medical examiner or his/her representative be present at the execution and be prepared to issue the certificate of death. The letter to the medical examiner will be sent by certified mail with a return receipt requested.

(d) The Superintendent or his/her designee will notify the Oregon State Police Superintendent’s Office of the scheduled date and time of the execution, followed by a letter confirming the information.

(2) Assembly of Supplies and Equipment:

(a) The Director will issue a written order to purchase the lethal substances as described in ORS 137.473 and attach a certified copy of the judgment of the court imposing the punishment. The written order and copy of the judgment shall be submitted to any wholesale drug outlet as defined in ORS 689.005, registered with the State Board of Pharmacy under ORS.689.305 at the time the lethal substances are purchased.

(b) The Superintendent or his/her designee will assemble the supplies and prepare the equipment necessary to effect the execution consistent with ORS 137.473.

(c) The Superintendent or his/her designee will ensure the execution camera monitoring system is in place and operational.

(3) Selection of Executioner(s): The selection of the executioner(s) will be the responsibility of the Superintendent. The identity of the executioner(s) will remain confidential.

(4) Arrangement will be made to ensure that the telephone company has installed two dedicated telephone lines, hereafter referred to as the emergency telephone lines, which will ring directly into the execution room. The Director will advise the Governor and the Attorney General of the telephone process.

(5) Special Security Team Preparations:

(a) The Assistant Superintendent of Security, or his/her designee subject to the Superintendent’s approval, will select no less than eight primary security staff to assist in conducting the execution procedure. These selected security staff will be referred to as the Special Security Team.

(b) The Assistant Superintendent of Security or his/her designee will conduct training with the Special Security Team to ensure that all members are fully aware of their roles during the procedure, and that the team is prepared to deal with any disruptive behavior which might be demonstrated by the inmate.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 10-1996, f. & cert. ef. 8-23-96; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0020

Programming: From Date of Receipt of Death Warrant Until Four Days Prior to the Scheduled Execution Date

(1) Media Contact: Consistent with OAR 291-204-0060(3), media interviews with the condemned inmate will generally not be permitted. Exceptions may be made by the Superintendent or designee, in his or her sole discretion, in extraordinary circumstances, with the inmate’s consent, if in the judgment of the Superintendent the interview is consistent with the Department’s mission and goals and the safe, secure and orderly management and operation of the facility.

(2) Visiting: All visits will be basic visiting and arranged by appointment through the institution visiting desk staff. Visitor(s) must be on the approved visiting list.

(3) Invitation to Witness the Execution:

(a) Prior to the scheduled execution date, the Superintendent shall invite the following persons to attend and witness the execution:

(A) One or more physicians;

(B) The Attorney General;

(C) The sheriff of the county in which the judgment was rendered;

(D) The district attorney of the county in which the judgment was rendered;

(E) If requested by the condemned inmate, no more than two religious representatives designated by the inmate;

(F) If requested by a member of the immediate family of the victim, one or more members of the victim’s immediate family as determined by the Superintendent; and

(G) Designated media representatives:

(i) The media representatives will consist of two persons selected by the Oregon Association of Broadcasters, two persons selected by the Oregon Newspaper Publisher’s Association (one of the two persons will represent a newspaper from the county in which the judgment was rendered), and one person selected by the Associated Press (AP).

(ii) Only designated media representatives who are properly credentialed, and who agree to act as pool reporters for other media present following the execution, will be admitted inside the secure perimeter of the institution to attend and witness the execution.

(b) In addition to those persons listed above, the Superintendent may, in his/her discretion, invite the following persons to attend and witness the execution:

(A) No more than a total of five of the inmate’s friends and relatives designated by the inmate, and

(B) Such other persons as the Superintendent thinks expedient, including but not limited to peace officers.

(c) The total number of persons invited to attend and witness the execution shall be determined by the Superintendent, taking into account the limitations of space and resources.

(d) In order to enter the secure perimeter of the institution, all persons witnessing the execution shall:

(A) Be 18 years of age or older;

(B) Undergo and pass a criminal history and security check;

(C) Be properly attired in accordance with the Superintendent’s instructions.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; CD 2-1997, f. & cert. ef. 2-7-97; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0025

Four Days Prior to Scheduled Execution Date

(1) The Assistant Superintendent of Security or his/her designee will ensure the final preparations are made for the Special Security Team.

(2) The Assistant Superintendent of Security will notify and request assistance from the Oregon State Police so that adequate perimeter security will be established around the institution on the evening of the execution.

(3) The execution camera monitoring system shall be tested by the physical plant manager or designee.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. e.f 8-1-93, Renumbered from 291-024-0030; CD 10-1996, f. & cert. ef. 8-23-96; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0055

Forty-Eight Hours Prior to Execution

(1) The Superintendent or his/her designee will ensure that all arrangements as required by these rules have been accomplished.

(2) Housing Assignment:

(a) No less than two days prior to the scheduled execution date, the condemned inmate will be moved to the death watch cell.

(b) Security:

(A) Security staff will be assigned by the Assistant Superintendent of Security or his/her designee to provide a 24-hour watch on the condemned inmate. The assigned security staff will maintain a log of all activities. The log entries must be written in ink, and cross outs shall be legible and initialed. Copies of the logs will be hand-delivered to the Superintendent as requested for review.

(B) Any unusual incident shall be documented in accordance with the Department of Corrections policy on Unusual Incident Reporting Process, #40.1.6.

(3) Institutional Privileges:

(a) Mail: All incoming mail will be photocopied the last two days to ensure the inmate does not receive drug infiltrated paper. The original letters will be maintained in the condemned inmate’s property and a photocopy sent to the inmate.

(b) Visiting: At the discretion of the Superintendent, there may be daily visits with members of the inmate’s family, approved religious representative(s), and such other persons as approved by the Superintendent or designee, if they are on the approved visiting list and requested by the inmate. Visits must be arranged by appointment (i.e., dates, times and durations) through the Superintendent’s Office. All visits will be restricted to basic visiting unless otherwise designated by the Superintendent.

(c) Telephone: Telephone privileges will be provided as approved by the Superintendent or designee.

(d) Exercise: The condemned inmate will be permitted to exercise only in his/her cell.

(e) Clothing: New institutional clothing will be issued to the inmate and will be exchanged as needed. Clothing will be maintained in the secure confines of the facility.

(4) Personal Property Disposition: The Assistant Superintendent of Security or designee will assure that a Personal Property Records form (CD 353P) is signed by the inmate for disposition of personal property.

(5) Food Preparations: The inmate will be served the same food as other inmates assigned to the facility. At the discretion of the Superintendent, the inmate may be permitted a last meal of the inmate’s choosing.

(6) The Assistant Superintendent of Security or his/her designee will conduct training with the Special Security Team to ensure that all team members are familiar with their duties and responsibilities.

(7) The Assistant Superintendent of Security or his/her designee will have a process of identifying all witnesses and visitors who will be entering the institution on the evening of the execution.

(8) The Superintendent or his/her designee will ensure that a sufficient number of staff have been scheduled to work the evening of the execution.

(9) The Superintendent or his/her designee will ensure the necessary execution documents have been prepared and obtained to include:

(a) An appropriate certificate of death that reflects the cause of death as execution by lethal injection in the manner prescribed in ORS 137.473; and

(b) A form authorizing release of the body to be signed by the mortician (CD 728P).

(10) The Assistant Director of Operations and the Superintendent or their designees will jointly work to ensure that the equipment and supplies for the lethal injection are collected and deposited in secure storage located within the execution room.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075;

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD-20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; CD 2-1997, f. & cert. ef. 2-7-97; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0060

Final Twenty-Four Hours to Execution

(1) An up-to-date log will be maintained on all execution related events which occur during the final 24 hours.

(2) The Assistant Director of Operations or his/her designee will work with the Assistant Superintendent of Transitional Services to ensure that a medically trained individual will prepare and secure the necessary syringes with the lethal solutions. The necessary back up syringes with the lethal solutions will be prepared and secured separately. This equipment and solutions will be provided to the Assistant Superintendent of Security or his/her designee for secure storage.

(3) The Assistant Director of Operations or his/her designee will work with the Assistant Superintendent of Transitional Services to ensure that a medically-trained person or persons will be available to insert an intravenous catheter(s) into an appropriate vein(s) of the condemned inmate.

(4) The execution camera monitoring system shall be tested by the Physical Plant Manager or designee.

(5)The Assistant Superintendent of Security will ensure that:

(a) All living units will be checked regularly;

(b) The reception desk staff will be provided with a list of the approved visitors and witnesses; and

(c) Escort officers will be identified for moving witnesses and visitors to the execution area.

(6)The emergency telephone lines to the execution room will be checked periodically. The last check will be a half hour prior to the scheduled execution.

(7) Approved Witnesses and Designated Media Representatives:

(a) Upon entering institution grounds, approved witnesses will remain in a designated staging area under staff supervision. Designated media representatives will remain in the Media Center until directed by staff to move to their designated staging area.

(b) At the appropriate time, witnesses and media representatives will be properly identified, pass through the metal detector, be frisk searched and have the back of their right hand stamped.

(c) Note pads, and pens or pencils issued by the institution to approved witnesses and media representatives will be the only items/equipment permitted inside the secure perimeter of the institution.

(d) The Department of Corrections Communications Manager will be stationed at the Media Center and will be the Department’s contact person with the media.

(8) The Assistant Superintendent of Transitional Services or his/her designee will be assigned to the Administration Building and will be responsible for screening calls to the institution and ensuring that no unauthorized persons enter the institution.

(9) The Assistant Superintendent of Transitional Services or his/her designee will establish radio contact with the officer-in-charge of the unit housing the execution room to ensure that messages can be conveyed in the event that the institutional telephone line or the emergency telephone lines become inoperable.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0066

Forty Minutes Prior to Execution

The Assistant Superintendent of General Services and/or other assigned personnel will escort the witnesses and all other approved visitors from the designated staging area to the processing station where they will enter the witness area. Correctional staff will be stationed and act as monitors in the witness area.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0071

Thirty Minutes Prior to Execution

(1) There will be no visits after the inmate has been moved to the execution room.

(2) Witnesses will be taken to the execution witness viewing room at a time coordinated with the Assistant Superintendent Security or his/her designee.

(3) Execution camera monitoring system will be activated.           

(4) At 6:30 p.m., the Assistant Superintendent of Security or designee will confirm that the clock used in the conduct of the execution is set to the correct time.

(5) Movement of Condemned Inmate to Execution Room:

(a) The death watch is suspended. All duties are assumed by the Special Security Team.

(b) The Special Security Team Leader will supervise the activities of the Special Security Team members. The Special Security Team members will escort the inmate in security restraints from the cell and position and properly restrain the inmate on the gurney in the execution room.

(c) A trained person(s) will connect the heart monitor machine to the inmate.

(d) A medically trained person(s) will insert and connect intravenous catheters for lethal injection.

(6) At the appropriate time, the Superintendent will accompany the executioner(s) to the execution room, and ensure that the confidentiality of the executioner(s) has not been compromised.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; DOC 1-2003, f. & cert. ef. 2-5-03, Renumbered from 291-024-0065; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

291-024-0080

Execution Procedure

(1) The Assistant Superintendent of Security or his/her designee shall make a final inspection of all straps, and with the assistance of medically trained staff, make final inspection of the intravenous catheters, and the injection equipment. When it is determined all is in order, he/she shall so advise the Superintendent.

(2) Upon receiving a signal from the Superintendent, the Assistant Superintendent of Security or his/her designee shall open the window coverings so that the witnesses can see the inmate in position on the gurney.

(3) At 7:00 p.m. or as soon thereafter as possible, the Superintendent will ask the condemned inmate for a brief statement. Following the inmate’s statement, the Superintendent shall signal the executioner(s) to begin injection of lethal solutions by syringe(s) into the injection port of the intravenous catheters. As prescribed by ORS 137.473, the lethal solutions will include an ultra-short acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substances sufficient to cause death.

(4) The executioner(s) shall signal the Superintendent when infusion of the lethal injection has been completed. Upon determining death of the inmate and time, the Superintendent will summon a medical professional to certify the inmate’s death.

(5) Once the inmate has been pronounced dead, the witnesses will be escorted from the witness area.

(6) The camera monitoring system will be turned off.

(7) The Communications Manager will be notified of the time of the death and will inform the media assembled in the Media Center. Media witnesses will be escorted to the Media Center where they will share information as prearranged.

(8) The Assistant Superintendent of Security or his/her designee will remain with the body in the execution room and supervise the removal of the body.

Stat. Auth.: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 137.463, 137.473, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 3-1988, f. & cert. ef. 3-21-88; CD 20-1993, f. 7-20-93, cert. ef. 8-1-93; CD 10-1996, f. & cert. ef. 8-23-96; DOC 1-2003, f. & cert. ef. 2-5-03; DOC 9-2011(Temp), f. & cert. ef. 5-31-11 thru 11-27-11

 

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

Adm. Order No.: DOC 10-2011

Filed with Sec. of State: 6-2-2011

Certified to be Effective: 6-2-11

Notice Publication Date: 1-1-2011

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

Rules Repealed: 291-063-0010(T), 291-063-0016(T), 291-063-0030(T)

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

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

291-063-0010

Definitions

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

(2) Emergency Leave: A leave of ten days duration or less within the state for the specific purposes listed in 291-063-0050(2)(a) where the inmate is expected to return to the releasing facility.

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

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

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

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

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

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

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

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

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

Hist.: CD 1-1990, f. & cert. ef. 1-29-90; CD 21-1990(Temp), f. & cert. ef. 11-1-90; CD 11-1991, f. & cert. ef. 4-24-91; DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03; DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03; DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06; DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11; DOC 10-2011, f. & cert. ef. 6-2-11

291-063-0016

Procedures

(1) Eligibility Requirements:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hist.: DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03; DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03; DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06; DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11; DOC 10-2011, f. & cert. ef. 6-2-11

291-063-0030

Approval of Short-Term Transitional Leaves

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

(2) Application:

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

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

(3) Approval:

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

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

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

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

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

Hist.: CD 1-1990, f. & cert. ef. 1-29-90; CD 21-1990(Temp), f. & cert. ef. 11-1-90; CD 11-1991, f. & cert. ef. 4-24-91; DOC 8-2003(Temp), f. & cert. ef. 4-17-03 thru 10-13-03; DOC 15-2003, f. 10-3-03, cert. ef. 10-4-03; DOC 17-2005, f. 12-30-05, cert. ef. 1-1-06; DOC 17-2010(Temp), f. 11-23-10, cert. ef. 12-1-10 thru 5-30-11; DOC 10-2011, f. & cert. ef. 6-2-11

 

Rule Caption: Vacating or Withdrawing the Final Order of an Inmate Disciplinary Hearing.

Adm. Order No.: DOC 11-2011(Temp)

Filed with Sec. of State: 6-10-2011

Certified to be Effective: 6-10-11 thru 12-7-11

Notice Publication Date:

Rules Amended: 291-105-0005, 291-105-0100

Subject: The Department lacks authority under its current rules to withdraw an agency disciplinary order issued to an inmate and to direct that a disciplinary hearing be reopened for consideration of new or additional evidence that was not considered by the hearings officer at the disciplinary hearing. As a result, in some instances the Department is unable to hold inmates accountable for serious violations of Department rules and orders even though sufficient evidence to establish the violations is available to the Department. These temporary rule amendments are necessary in order for the Department of Corrections to grant to designated Department officials authority to withdraw an inmate disciplinary order and direct that a hearing be reopened in order for a Department hearings officer to consider new or additional evidence when the designated officials determine in their sole discretion that doing so is in the interests of justice. The Department intends that these temporary rule amendments apply to disciplinary orders issued on, before or after the effective date of the rule amendments.

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

291-105-0005

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, 421.068, 421.180, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to define the rules of conduct governing inmates and outline the procedures to be followed in processing disciplinary action(s).

(3) Policy:

(a) It is the policy of the Department of Corrections to hold inmates accountable for misconduct while incarcerated, and to promote and reinforce pro-social behavior by inmates, through a system of disciplinary rules and procedures that embrace the Oregon Accountability Model.

(b) Inmates in Department of Corrections facilities shall be disciplined for violation of specified rules of prohibited inmate conduct in accordance with the procedures set forth in these rules. The primary objectives of these rules are:

(A) To provide for the safe, secure, efficient, and orderly management of Department of Corrections facilities, specifically including the safety and security of Department employees, inmates, and property of the Department of Corrections;

(B) To establish norms of acceptable inmate conduct, and consistent and fair procedures for the processing of inmate misconduct reports and the imposition of disciplinary sanctions, which are understood by both employees and inmates alike;

(C) To establish a comprehensive range of appropriate disciplinary sanctions for violation of the rules of prohibited inmate conduct; and

(D) To provide a consistent Departmental response to like types of misconduct committed by inmates with similar misconduct histories.

(c) To promote these objectives, the rules define appropriate disciplinary sanctions for each rule violation on a disciplinary sanction grid. Inmates found in violation of the rules of prohibited inmate conduct are disciplined in accordance with the sanction grid, subject to deviation upon order of the hearings officer, functional unit manager, or his/her designee for substantial reasons.

(d) The Department intends that the authorization in OAR 291-105-0100 to withdraw an order and direct the disciplinary hearing to be reopened applies retroactively to disciplinary orders issued on, before or after the effective date of the rule.

Stat. Auth.: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Hist.: CD 7-1979, f. & ef. 3-14-79; CD 19-1979(Temp), f. & ef. 10-19-79; CD 13-1980, f. & ef. 4-15-80; CD 25-1982, f. & ef. 11-19-82; CD 8-1985(Temp), f. & ef. 6-19-85; CD 30-1985, f. & ef. 8-16-85; CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86; CD 29-1986, f. & ef. 8-20-86; CD 5-1989, f. & cert. ef. 4-21-89; CD 8-1992, f. 3-27-92, cert. ef. 4-15-92; CD 16-1996, f. 11-13-96, cert. ef. 11-15-96; DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 11-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11

291-105-0100

Vacating or Withdrawing the Final Order in the Interest of Justice

The Assistant Director for Operations or the Institutions Administrator may, in the interest of justice, vacate all or part of a final disciplinary order or withdraw the order and direct that a disciplinary hearing be reopened for consideration of new evidence.

Stat. Auth.: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Hist.: DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 14-2008, f. & cert. ef. 6-2-08; DOC 11-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11

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

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

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