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Oregon Bulletin

October 1, 2013

Department of Corrections, Chapter 291

Rule Caption: Tours in Department of Corrections Institution

Adm. Order No.: DOC 7-2013

Filed with Sec. of State: 8-20-2013

Certified to be Effective: 8-20-13

Notice Publication Date: 5-1-2013

Rules Amended: 291-009-0005, 291-009-0010, 291-009-0015

Subject: These amendments clarify requirements for interested groups and individuals to be allowed tours in DOC institutions. The rules have not been revised since 1999. Most amendments are housekeeping — updating terminology and operational and organizational changes that have occurred since the last revision.

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

291-009-0005

Authority, Purpose, and Policy

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

(2) Purpose: This rule provides guidelines and procedures whereby interested groups and individuals may be allowed tours of correctional facilities operated by the Department of Corrections.

(3) Policy: One of the goals of the Department of Corrections is to create partnerships with communities by providing public information and education, potential expansion of work programs, professional advice, training and consulting services, and encouraging staff participation in professional exchanges of information about the operation of the Department’s facilities. One method of achieving this goal is through the administration of a tour program. Tours will be conducted in accordance with staff resource availability and security 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 33-1978, f. 10-24-78, ef. 10-25-78; CD 27-1982, f. & ef. 12-10-82; CD 39-1985, f. & ef. 8-16-85; CD 16-1987, f. & ef. 3-5-87; CD 17-1988, f. & cert. ef. 11-18-88; CD 3-1992, f. 3-13-92, cert. ef. 3-25-92; DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99; DOC 7-2013, f. & cert. ef. 8-20-13

291-009-0010

Definitions for OAR 291-009-0005 through OAR 291-009-0015

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

(2) 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.

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

(4) Tours: Any person or group of persons authorized to be escorted through a Department of Corrections facility.

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

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

Hist.: CD 33-1978, f. 10-24-78, ef. 10-25-78; CD 27-1982, f. & ef. 12-10-82; CD 39-1985, f. & ef. 8-16-85; CD 16-1987, f. & ef. 3-5-87; CD 17-1988, f. & cert. ef. 11-18-88; CD 3-1992, f. 3-13-92, cert. ef. 3-35-92; DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99; DOC 7-2013, f. & cert. ef. 8-20-13

291-009-0015

Procedures

(1) Tours may be provided to:

(a) College and high school level students age 16 and over with an academic interest in state government, public services, social science, or criminal justice. Students under 18 years of age must be accompanied by an instructor.

(b) Persons, age 18 and over, ordered by the court to tour a Department of Corrections facility as a deterrent against further criminal activity.

(c) Persons, including representatives of the media that have a professional interest in state government correctional programs.

(d) Representatives from companies or the community who have the potential for expanding work programs, including private partnerships.

(e) Family members or associates of employees or contractors.

(2) The minimum age to participate in a tour is 16 years of age. Unemancipated children between 16 and 18 years of age must provide an informed consent notice signed by their parent or legal guardian prior to taking the tour and be approved for tour participation by the functional unit manager or designee.

(3) Processing tour requests:

(a) All requests for tours, the times, days, length and route of the tour will be coordinated with the functional unit manager or designee.

(b) Each institution functional unit manager will designate staff to be responsible for obtaining approval, scheduling the tour, securing supervision, and notifying appropriate staff, including the functional unit manager’s office.

(c) LEDS checks are required unless waived by the facility functional unit manager. Persons are required to submit the necessary information to complete the LEDS check, as outlined in the DOC rule on Facility Access (OAR 291-016).

(d) Tours of designated facilities may be included in the new employee orientation program.

(4) Tour Standards:

(a) Normally, tours will be limited to ten persons or less per tour group; however, each functional unit manager may exceed that number depending upon the size of the facility and staff available to supervise the group.

(b) Tours will normally be conducted by a Department of Corrections employee. The facility functional unit manager may designate contractors to conduct tours. The facility functional unit manager will stipulate eligibility requirements for staff and contractors to become tour guides.

(c) Cameras and tape recorders may be admitted only with approval from the facility functional unit manager. Any inmate who is photographed or filmed for other than DOC purposes must sign the media consent form CD 297 indicating he/she is a voluntary participant.

(d) Former employees of the Department of Corrections are required to have an approved Visitor Authorization form (CD 451C) before entering a Department of Corrections facility.

(e) Any person who is now or has been an inmate of a correctional facility is required to have specific, advance written permission from the facility functional unit manager before entering a Department of Corrections facility.

(f) Tour members are not permitted to wander or leave the group without an assigned escort.

(g) Personal attire of tour members must meet the same minimum standards established in the Department of Corrections rule on Visiting (OAR 291-127).

(h) Inmates and tour members may not exchange any material.

(i) Failure to comply with any standards or security requirements will be reason for termination of the tour.

(j) Designated tour guides will be informed of scheduled tours and provided an approved Visitor Authorization form (CD 451C).

(k) Individuals wishing to tour a correctional facility may be subjected to a search in accordance with the Department of Corrections rule on Searches (Institutions) (OAR 291-041).

(l) Each person listed on the visitor authorization form (CD 451C) must complete the Facility Access Register (CD 52a) and exchange one piece of current photo identification for a visitor pass. Each facility may have additional facility-specific procedures for checking visitors in and out. Acceptable photo identification includes the following:

(A) Drivers license or state identification;

(B) Passport;

(C) State identification card (state employee or Motor Vehicle Division);

(D) Military identification;

(E) Student identification card; or

(F) Other official governmental identification.

(m) At the conclusion of the tour, the visitor pass will be exchanged for the visitor’s photo identification and the visitor will sign out on the Facility Access Register.

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

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

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

Hist.: CD 33-1978, f. 10-24-78, ef. 10-25-78; CD 27-1982, f. & ef. 12-10-82; CD 39-1985, f. & ef. 8-16-85; CD 16-1987, f. & ef. 3-5-87; CD 17-1988, f. & cert. ef. 11-18-88; CD 3-1992, f. 3-13-92, cert. ef. 3-25-92; DOC 5-1999, f. 3-19-99, cert. ef. 4-1-99; DOC 7-2013, f. & cert. ef. 8-20-13


Rule Caption: Access to Board of Parole and Post-Prison Supervision Hearings held in ODOC Institutions.

Adm. Order No.: DOC 8-2013

Filed with Sec. of State: 8-29-2013

Certified to be Effective: 8-29-13

Notice Publication Date: 5-1-2013

Rules Adopted: 291-153-0025

Rules Amended: 291-153-0005, 291-153-0020

Subject: Reorganization of the rules that relate to inmate accompaniment to Board hearings is necessary to separate the rule that requires joint rulemaking with the Board into a discrete section to promote efficiency and clarity.

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

291-153-0005

Authority, Purpose, and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 144.123, 179.040, 423.020, 423.030, and 423.075.

(2) Purpose:

(a) The purpose of these rules is to establish policies and procedures governing access to Board of Parole and Post-Prison Supervision hearings held within Department of Corrections facilities.

(b) A person’s physical access to a Department of Corrections facility is subject to the Department of Corrections rules on Facility Access (OAR 291-016), Visiting (Inmate) (OAR 291-127), and may be prohibited or restricted by the functional unit manager or designee of the facility in which the hearing is being conducted when deemed necessary or advisable to maintain the health, safety and security of staff, inmates, or the public, or to maintain the safe, secure, and orderly operation and management of the facility.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030 & 423.075

Hist.: CD 9-1990, f. & cert. ef. 5-29-90; CD 12-1993, f. 4-21-93, cert. ef. 5-1-93; DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04; DOC 14-2004, f. & cert. ef. 11-2-04; DOC 8-2013, f. & cert. ef. 8-29-13

291-153-0020

Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing

(1) Inmates are permitted to have a person accompany them in hearings before the Board of Parole and Post-Prison Supervision in accordance with ORS 144.123. This rule establishes jointly with the Board of Parole and Post-Prison Supervision policies and procedures governing who may accompany an inmate before the Board.

(2) When appearing before the Board of Parole and Post-Prison Supervision in a hearing, an inmate may be accompanied at the Department of Corrections facility in which the inmate is confined, subject to the prior approval of the facility functional unit manager or designee, by:

(a) A person who has been approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127);

(b) An assigned inmate legal assistant, selected in accordance with the Department of Corrections rule on Legal Affairs (Inmate) (OAR 291-139) from the Department of Corrections facility where the inmate is confined; or

(c) The inmate’s attorney.

(3)(a) In addition to those persons specified in subsection (2) of this rule, the inmate may be accompanied at the hearing via telephone or videoconference by such other person or persons, other than another inmate, as the Board of Parole and Post-Prison Supervision, in its discretion, may approve by prior arrangement.

(b) The inmate may select one person to speak on his/her behalf. The statement shall not exceed 15 minutes. The presiding Board member may grant the support person additional time upon finding that further testimony is likely to be relevant to the Board’s decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence.

(4) The Department of Corrections, if requested by the inmate or the Board, will assign an approved inmate legal assistant from the Department of Corrections facility where the inmate is confined to accompany an inmate at a Board hearing. The selection of the inmate legal assistant shall be governed by the policies and rules of the Department of Corrections.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030,& 423.075

Hist.: DOC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-10-04; DOC 14-2004, f. & cert. ef. 11-2-04; DOC 8-2013, f. & cert. ef. 8-29-13

291-153-0025

Attendance at a Board of Parole and Post-Prison Supervision Hearing

(1) A person who may attend a Board of Parole and Post-Prison Supervision hearing in person at a Department of Corrections facility is subject to the approval of the functional unit manager or designee of the facility in which the hearing is being conducted.

(2) A person who attends a Board of Parole and Post-Prison Supervision hearing in a Department of Corrections facility is subject to the rules of conduct and the terms and conditions set forth in the department’s rules on Facility Access (OAR 291-016) and Visiting (Inmate)(OAR 291-127).

(3) Who May Attend/Appear at a Board Hearing:

(a) The inmate and inmate accompaniment as specified in OAR 291-153-0020;

(b) Victim or his/her representative;

(c) District attorney from the committing jurisdiction or his/her representative;

(d) Public: Members of the public may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings;

(e) Media Representatives: Approved media representatives may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings;

(f) Department of Corrections Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers, and contractors may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings except as requested or approved by the Board in order to provide testimony in the hearing; and

(g) Other persons as identified by the Board.

Stat. Auth.: ORS 144.123, 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 144.123, 179.040, 423.020, 423.030,& 423.075

Hist.: DOC 8-2013, f. & cert. ef. 8-29-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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

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