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Oregon Bulletin

December 1, 2011

 

Department of Corrections
Chapter 291

Rule Caption: Use of the Static 99 Risk Assessment Tool to Establish Certain Eligibility Criteria for Inmate Participation in an Alternative Incarceration Program.

Adm. Order No.: DOC 20-2011(Temp)

Filed with Sec. of State: 10-17-2011

Certified to be Effective: 10-17-11 thru 4-13-12

Notice Publication Date:

Rules Amended: 291-062-0110, 291-062-0140

Subject: These temporary rule amendments are necessary to expressly incorporate by reference and identify by exhibits filed with the rules the Static 99 risk assessment tool adopted by the department to establish certain eligibility criteria for inmates to participate in an alternative incarceration program (AIP). Under the department’s eligibility criteria, inmates who score six or higher on the Static 99 risk assessment tool are ineligible for participation in an AIP.

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

291-062-0110

Definitions

(1) Alternative Incarceration Program (AIP): A highly structured corrections program that includes intensive interventions, rigorous personal responsibility and accountability, physical labor, and service to the community.

(2) Custody Cycle: The time period during which an offender begins incarceration with the Department of Corrections and is under the supervision of community corrections until discharge from all Department of Corrections and community corrections incarceration and supervision.

(3) Other charges: Any criminal or civil accusatory instrument that alleges wrong doing and for which a person may be imprisoned or incarcerated.

(4) Short-Term Transitional Leave/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 421.148, 421.510 and the Department’s rule on Short-Term Transitional Leave, Emergency Leaves and Supervised Trips (OAR 291-063). For purposes of these rules, short-term transitional leave is non-prison leave.

(5) Term of Incarceration: The period of commitment to the legal and physical custody of the Department imposed by a sentencing court in a judgment. For purposes of these administrative rules, “term of Incarceration” includes pre-sentence incarceration credit granted to an inmate by the Department under ORS 137.370(2)(a), as well as any time an inmate spends on short-term transitional/non-prison leave under ORS 421.510.

Stat. Auth.: ORS 179.040, 421.500 - 421.512, 423.020, 423.030, 423.075 & OL Ch. 35

Stats. Implemented: ORS 179.040, 421.500 - 421.512, 423.020, 423.030, 423.075

Hist.: DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04; DOC 5-2004, f. & cert. ef. 7-12-04; DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05; DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09; DOC 12-2009, f. & cert. ef. 7-13-09; DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12

291-062-0140

Inmate Selection

(1) The Department in its discretion may accept eligible inmates into an alternative incarceration program based on its determination that the inmate’s participation in such a program is consistent with the safety of the community, the welfare of the applicant, the program objectives and the rules of the Department.

(2) The functional unit manager or designee of each facility that has an alternative incarceration program shall appoint a committee that is responsible for making recommendations to the functional unit manager or designee on the placement of inmates in the program based on treatment readiness.

(3) An inmate will not be accepted into an alternative incarceration program unless the inmate submits a written request to participate.

(a) The request must contain a statement signed by the inmate applicant providing that he/she:

(A) Is physically and mentally able to withstand the rigors of the program; and

(B) Has reviewed the alternative incarceration program descriptions provided by the Department and agrees to comply with each of the requirements.

(b) Otherwise eligible inmate applicants with a physical or mental disability will be evaluated individually by the Department to determine whether the inmate may successfully participate in the fundamental components of an alternative incarceration program.

(c) The Department shall make the final determination regarding an inmate’s physical or mental ability to withstand the rigors of the program.

(4) Inmates who score a six or higher on the Static 99 risk assessment tool (Exhibits AI and AII) will not be accepted into an AIP.

(5) Inmates with a predatory sex offender designation will not be accepted into an AIP.

Stat. Auth.: ORS 179.040, 421.500 - 421.512, 423.020, 423.030, 423.075 & 2008 OL Ch. 35

Stats. Implemented: ORS 179.040, 421.500 - 421.512, 423.020, 423.030, 423.075

Hist.: DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04; DOC 5-2004, f. & cert. ef. 7-12-04; DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05; DOC 7-2007, f. & cert. ef. 10-9-07; DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09; DOC 12-2009, f. & cert. ef. 7-13-09; DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12

 

Rule Caption: Use of the Static 99 Risk Assessment Tool to Determine an Inmate’s Eligibility for On-site Work Assignments.

Adm. Order No.: DOC 21-2011(Temp)

Filed with Sec. of State: 10-17-2011

Certified to be Effective: 10-17-11 thru 4-13-12

Notice Publication Date:

Rules Amended: 291-082-0105, 291-082-0110

Subject: These temporary rule amendments are necessary to expressly incorporate by reference and identify by exhibits filed with the rules the Static 99 risk assessment tool adopted by the department to establish specific criteria for an inmate to be eligible for on-site work assignments. These work assignments are on the grounds of the facility where an inmate is housed, but outside the perimeter fence of the facility. Under the department’s eligible criteria, inmates who score six or higher on the Static 99 risk assessment tool are ineligible for on-site work assignments.

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

291-082-0105

Definitions

(1) Agency Work Crew: One or more inmates assigned to work on an on-site or community crew.

(2) Agency Work Crew Supervisor: An employee or agent of the local, state or federal governmental agency or private non-profit and private entities who may supervise inmates assigned to an agency work crew pursuant to an intergovernmental agreement entered into by the agency and the Department of Corrections.

(3) Corrections Information System (CIS): A computer system dedicated to tracking information critical to the management of inmates and offenders under the custody, supervision or both of the Department of Corrections.

(4) Custody Level: One of five levels of supervision assigned to an inmate through initial and classification procedures in accordance with the DOC rule on Classification (Inmate) (OAR 291-104).

(a) Level 5: An inmate assigned at this custody level meets one of the following criteria:

(A) Has demonstrated behaviors causing serious management concerns, or has demonstrated behaviors that in the judgment of the Department present a threat sufficient to require special security housing on intensive management status.

(B) Has been committed to the Oregon Department of Corrections with a sentence of death.

(b) Level 4: An inmate assigned at this custody level presents a serious risk of escape or institutional violence, or has extensive time remaining.

(c) Level 3: An inmate assigned at this custody level presents a moderate risk of escape, or has demonstrated behavior causing moderate management concern.

(d) Level 2: An inmate assigned at this custody level presents a limited risk of escape, or has demonstrated behavior causing limited management concern.

(e) Level 1: An inmate assigned at this custody level presents a minimal risk of escape and has demonstrated behavior causing minimal management concern.

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

(6) Department of Corrections Employee: Any person employed full-time, part-time, or under any temporary appointment by the Department of Corrections; any person under contractual agreement to provide services to the Department; any person employed by private or public sector agencies who is serving under Department-sanctioned special assignment to provide services or support to the Department programs. An agreement entered into under this section requires that the person exercising custodial supervision over inmates receive security training approved and provided by the Department of Corrections.

(7) Designator: Information, alerts or statutory designations important for sentence computation and crucial to determining work crew eligibility, unfenced housing assignment, and the management of inmates and offenders both in institutions and in the community.

(8) Direct Supervision: The responsibility of authorized supervisors to ensure the on-site presence of an inmate while outside the institution secure perimeter, and to immediately report any authorized absence or departure.

(9) 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.

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

(11) Institution Work Program Coordinator: A Department of Corrections employee that is responsible for overseeing daily planning and coordination of inmate work assignments.

(12) Protection/Restraining Order: Any valid court order intended to protect one person from another and restraining one person from any form of contact with another person.

(13) Stalking Conviction: Any court conviction for stalking as described in ORS 163.732 and 163.750.

(14) Stalking Order: Any court order prohibiting one person from stalking another as described in ORS 163.732 and 163.750.

(15) Unfenced Housing Assignment: A housing assignment to a Department of Corrections facility that does not have a secure perimeter fence.

(16) WHALE Work Assignment Levels:

(a) Inside: A work assignment restricted to inside the perimeter fence of a Department of Corrections facility.

(b) On-Site: A work assignment on the grounds of the facility in which an inmate is housed, but outside the perimeter fence of the facility.

(c) Community: A work assignment located outside the perimeter fence and off the grounds of the Department of Corrections facility in which an inmate is housed.

(17 ) Work Housing Assignment Level Evaluation (WHALE): The automated assessment program in the Corrections Information System (CIS) used by the Department of Corrections to determine an inmate’s work assignment levels and unfenced housing assignment.

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

Stat. Auth.: ORS 179.040, 421.445, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075

Hist.: CD 29-1997(Temp), f. & cert. ef. 12-12-97 thru 6-11-98; DOC 13-1998, f. & cert. ef. 6-10-98; DOC 3-2002, f. & cert. ef. 1-16-02; DOC 1-2005(Temp), f. & cert. ef. 1-7-05 thru 7-6-05; Administrative correction 7-20-05; DOC 10-2005, f. & cert. ef. 8-1-05; Renumbered from 291-082-0020, DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08; DOC 27-2008, f. & cert. ef. 11-7-08; DOC 21-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12

291-082-0110

Work Housing Assignment Level Evaluation (WHALE) Eligibility

(1) All inmates at custody Level 1 or 2 are minimally eligible for an inside work assignment.

(2) Community Work Assignment: An inmate must meet the following criteria to be considered for a community work assignment:

(a) Served more than 60 days in DOC custody.

(b) No conviction for Arson I or Attempted Arson I.

(c) No conviction of a sex offense or a crime with a sexual element.

(d) No active protection/restraining order(s).

(e) No conviction for Stalking offense.

(f) No active court Stalking Order.

(g) Not found in violation of Sexual Assault or Sexual Coercion as described in OAR 291-105-0015, Rules of Misconduct.

(h) Minimal escape risk as defined in the Custody Classification Guide and the rule on Classification (Inmate) (OAR 291-104).

(i) No felony detainer(s) that are untried or expire after the inmate’s projected release date.

(j) No multiple misdemeanor detainers that expire after the inmate’s projected release date.

(k) No designators on file disqualifying community assignment.

(3) Unfenced Housing: An inmate must meet the following criteria to be considered for an unfenced housing assignment:

(a) Custody Classification Level 1.

(b) Meets all community work assignment criteria.

(c) No conviction for Arson II, Attempted Arson II, Reckless Burning or other related arson crimes, including attempts.

(d) No escape history.

(e) No misdemeanor detainers that are untried.

(f) No consecutive misdemeanor detainer that expires one year or less from the inmate’s projected release date.

(4) On-Site Work Assignment: An inmate must meet the following criteria to be considered for an on-site work assignment:

(a) Served more than 60 days in DOC custody,

(b) No predatory sex offender designation in Oregon or any other state, and

(c) Scores six or higher on the Static 99 risk assessment tool (Exhibits AI and AII).

Stat. Auth.: ORS 179.040, 421.445, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075

Hist.: DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08; DOC 27-2008, f. & cert. ef. 11-7-08; DOC 21-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12

 

Rule Caption: Suspension/Restriction of Visits/Removal From Inmate Visiting List.

Adm. Order No.: DOC 22-2011(Temp)

Filed with Sec. of State: 11-1-2011

Certified to be Effective: 11-1-11 thru 4-29-12

Notice Publication Date:

Rules Amended: 291-127-0320

Subject: OAR 291-127-0320, by its terms, requires that a superintendent or designee issue a final decision on a recommended action to suspend, restrict, or remove a visitor from an inmate’s approved visiting list within 45 days of receipt of a review request. The department has determined that this timeframe for review and issuing a final decision is inadequate in instances in which the circumstances giving rise to the suspension, restriction or removal action are part of a pending administrative or criminal investigation, or in other extraordinary circumstances.

      These temporary rule amendments are necessary for the department to establish a flexible, extended timeframe for a superintendent or designee to issue a final order on review of a recommended action to suspend, restrict, or remove a visitor from an inmate’s approved visiting list beyond 45 days when the circumstances giving rise to the suspension, restriction, or removal action are part of a pending administrative or criminal investigation, or in other extraordinary circumstances, which in the sole judgment of the superintendent or designee requires or warrants additional time.

      These temporary rule amendments are also needed to clarify in the rule that if a visitor does not timely submit a written review request, the recommended action contained in the notification and written report shall be accepted by the superintendent/designee and serve as the superintendent’s/designee’s decision without further action.

      These temporary rule amendments apply retroactively to notifications of visiting suspensions and decisions issued prior to, on, and after November 1, 2011.

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

291-127-0320

Suspension/Restriction of Visits/Removal From Inmate Visiting List

(1) The superintendent or designee may suspend the inmate’s visits with the visitor, or restrict visitation to basic visiting, or remove a visitor from an inmate’s approved visiting list if the superintendent or designee determines that:

(a) The visitor does not qualify for visits in accordance with these rules; or

(b) There exists reasonable suspicion that continued visitation between the visitor and the inmate poses a threat to the safety, security, health and good order of the facility, and/or the safety and security of other inmates, staff, visitors, contractors or the community; or

(c) There is a court order or Board of Parole and Post-Prison Supervision action form which prohibits contact with the visitor.

(2) Notification and Decision: A written report (CD 704D) documenting the suspension shall be prepared and sent to the inmate and to the inmate’s visitor within seven days of the action. The report shall contain a short and concise statement of the reason(s) for the suspension and a recommendation for the action to be taken. The recommended action may be assignment to basic visiting, restriction of visiting for a limited duration, or permanent removal.

(a) The visitor may request review of the recommended action by submitting a written review request to the superintendent/designee. A review request must be received by the superintendent/designee no later than 30 days of the date of the issuance of the notification of suspension.

(b) If the visitor does not timely submit a written review request, the recommended action contained in the written report shall be accepted by the superintendent/designee and serve as the superintendent’s/designee’s decision without further action.

(c) If the visitor timely submits a written review request the superintendent/designee shall issue a final decision on the recommended action within 45 days of the receipt of the request, absent a pending administrative or criminal investigation or other extraordinary circumstance which in the sole judgment of the Superintendent or designee requires or warrants additional time .

(d) The visitor may request an administrative review of the superintendent’s/designee’s decision as specified in OAR 291-127-0330.

(e) The provisions of OAR 291-127-0320(2) apply retroactively to notifications of visiting suspensions and decisions issued prior to, on, and after November 1, 2011.

(3) The superintendent or designee may temporarily suspend an inmate’s visits for 14 days in the event of an on-going investigation. The superintendent or designee shall provide written notification of the suspension to the inmate and the inmate’s visitor(s). If at the conclusion of the investigation or 14 days whichever occurs first, the superintendent or designee determines the visitor’s status shall be suspended, the notification process specified in section (2) above will begin.

(4) Reconsideration: Visitors who have been permanently removed from any inmate’s approved visiting list, or whose visitation with any inmate has been permanently restricted to basic visiting, may request reconsideration five years after the date of the action. Requests for reconsideration must be in writing and submitted to the Assistant Director of Operations or designee.

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

Stat. Auth.: ORS 179.040, 183.315, 423.020, 423.030, 423.075 & 423.078

Stats. Implemented: ORS 179.040, 183.315, 423.020, 423.030, 423.075 & 423.078

Hist.: DOC 10-2000, f. & cert. ef. 4-25-00; DOC 3-2005, f. 3-11-05, cert. ef. 3-14-05; DOC 22-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12

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

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

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

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