Oregon Bulletin
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.
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