Department of Corrections, Chapter 291
Rule Caption: Death Row Housing Policy, and Definitions for Classification of Inmates.
Adm. Order No.: DOC 11-2012(Temp)
Filed with Sec. of State: 11-5-2012
Certified to be Effective: 11-5-12 thru 5-4-13
Notice Publication Date:
Rules Amended: 291-093-0005, 291-104-0111
Subject: It is the long-standing policy and practice of the Oregon Department of Corrections to house inmates with a sentence of death separately from the general inmate population in a death row housing unit or a death row status cell due to the unique security and management concerns presented by these inmates. Immediate adoption of these temporary rule amendments is necessary in order for the department to clarify that its policy in this area includes all inmates confined in a department of Corrections institution with a sentence of death, including inmates with a death sentence from another state or jurisdiction.
Rules Coordinator: Janet R. Worley—(503) 945-0933
Authority, Purpose, and Policy
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of this rule is to establish guidelines for the daily operation of death row at the Oregon State Penitentiary.
(3) Policy: It is the policy of the Department of Corrections to assign inmates with a sentence of death to the Death Row Housing Unit or to a Death Row status cell.
Stat. Auth.: ORS
179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 14-1989(Temp), f. & cert. ef. 7-11-89; CD 24-1994, f. 12-21-94, cert. ef. 1-3-95; DOC 11-2012(Temp), f. & cert. ef. 11-5-12 thru 5-4-13
(1) Administrative Review: A review of classification scoring, classification level, or classification override requested by an inmate and completed by the Institution Classification Committee, facility functional unit manager, or Classification Manager.
(2) Classification Action: Initiation of initial classification, classification review or classification override to determine an inmate’s custody classification level.
(3) Classification Manager: An Office of Population Management employee responsible for the development, implementation, training, auditing, oversight and management of the classification function within the Department.
(4) Classification Review: The process used by the Department to re-evaluate an inmate’s assigned custody level. The assigned custody level may be changed as a result of the review.
(5) 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.
(6) Custody Classification Guide (Attachment 1): Criteria and guidelines that assist in assigning inmates to an appropriate custody level utilizing scoring elements determined by the Department of Corrections.
(7) Custody Level: One of five levels of supervision assigned to an inmate through initial and classification review procedures.
(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 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.
(8) Department of Corrections (DOC) Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.
(9) Designators: 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.
(10) Initial Classification: The process used by the Department of Corrections to assign an inmate a custody level upon his/her admission to the physical custody of the Department.
(11) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.
(12) Institution Classification Committee: A committee within each facility consisting of at least three persons (one representative from management service, one representative from security, and one representative from Transitional Services) that reviews classification appeals.
(13) Office of Population Management: The functional unit that is responsible for capacity and resource management, new prison construction, community development, interstate compact, rental bed contracts, international transfers, special needs populations, juveniles sentenced as adults, high risk inmate placement, and overall system development related to classification functions.
(14) Override: An option utilized when there is a documented issue(s) not addressed in the classification scoring elements, or a degree of seriousness in a classification factor that justifies a higher or lower custody level than indicated by the classification action.
(15) Policy Elements: Areas of potential risk listed in the Custody Classification Guide (Attachment 1) that determine the inmate’s classification level.
(16) Serious Management Concerns:
(a) Participation, either individually or in a group, in behavior that in the judgment of the Department poses a threat to the safe and secure operation of the facility, including but not limited to, threatening or inflicting serious bodily harm on another inmate or on staff, or that poses an immediate risk of escape;
(b) Promoting or engaging in group disruptive behavior, or being involved in the planning of any activities that in the judgment of the Department would significantly threaten the safe and secure operation of the facility; or
(c) Demonstration in behaviors that in the judgment of the Department pose a threat sufficient to require special secure housing on intensive management status.
(17) Special Population Management (SPM) Committee: A committee composed of at least three Department administrative staff to include a representative from Institution Operations, Counseling & Treatment Services, and the Office of Population Management, who are responsible to review classification status for inmates who score Level 5 in order to determine if assignment to Intensive Management Status is appropriate.
(18) Violence Predictor Score (VPS): A score based on a mathematical equation used to determine an inmate’s risk for violence in an institutional setting. The equation includes calculations based on an inmate’s age, gender, prior incarcerations, type of crime, aggression, drug history, and certain personality disorders. This calculation is used only during the twelve months of incarceration.
[ED. NOTE: Attachments referenced are available from the agency.]
ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06; DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08; DOC 11-2012(Temp), f. & cert. ef. 11-5-12 thru 5-4-13
Oregon State Archives • 800 Summer St. NE • Salem, OR 97310