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Oregon Bulletin

December 1, 2013

Department of Corrections, Chapter 291

Rule Caption: Assignment of Maximum Custody Inmates to Special Security Housing

Adm. Order No.: DOC 9-2013(Temp)

Filed with Sec. of State: 10-23-2013

Certified to be Effective: 10-23-13 thru 4-21-14

Notice Publication Date:

Rules Amended: 291-055-0019, 291-104-0111

Subject: These rule amendments are necessary in order for the Department to clarify and conform its administrative rules to reflect the Department’s historical policy and practice of classifying inmates that are pending retrial in a case in which a death sentence may be re-imposed as maximum custody, and assigning these inmates to special security housing separate from the general inmate population, to provide the maximum level of inmate security, control, and supervision. The Department intends that these temporary rule amendments apply retroactively to persons sentenced to the legal and physical custody of the Department before, on or after the effective date of these rule amendments.

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

291-055-0019

IMU Assignments

(1) Maximum custody inmates shall be assigned to an IMU or IMU status cell. Maximum custody inmates who have received a sentence of death (inmates on death row status) or who are pending retrial in a case in which a death sentence may be re-imposed may be assigned housing in an IMU or IMU status cell.

(a) An inmate demonstrates the need for maximum custody housing by demonstrating behaviors that cannot be controlled in other housing as indicated by high severity and/or chronic misconduct sanctions, escape activity or security threat group activities causing serious management concerns.

(b) Inmates assigned to an IMU or IMU status cell may be temporarily assigned to other housing, treatment, program or service units (i.e., Infirmary, Administrative Housing, mental health special housing, Death Row) for housing, treatment, or programming as deemed necessary or advisable by the department.

(2) Assignment Request: A request for assignment to an IMU shall be initiated if an inmate scores maximum, or when an override request to maximum is made. A Classification Summary (CD1120D), Intensive Management Unit Administrative Action Sheet (CD8a) and all pertinent information which demonstrates the need for IMU assignment shall be sent to the Classification and Transfer Unit. Staff shall indicate the reason for referral and a short statement describing the reason for requesting an IMU assignment. Classification and Transfer will approve or deny the request.

(3) Documentation of Decisions: All decisions by the Classification and Transfer Unit will be documented on the Intensive Management Unit Administrative Action Sheet (CD 8a) and returned to the facility initiating the request. The signed copy of the action sheet shall be filed in the inmate’s institution file.

(4) Notice: Decisions by the Classification and Transfer Unit that assign an inmate to IMU status will be sent to the inmate along with a Classification Summary (CD1120D), Intensive Management Unit Administrative Action Sheet (CD8a), Request for Administrative Review (CD1120aD), and a description of the inmate’s review options.

(5) Administrative Review: An inmate assigned to IMU status shall have an opportunity for administrative review of his/her maximum custody classification/assignment to IMU as provided in the department’s rule on Classification (Inmate), OAR 291-104.

[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 21-1994, f. 11-16-94, cert. ef. 12-1-94; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 7-2000(Temp), f. 2-24-00, cert. ef. 2-24-00 thru 8-22-00; DOC 20-2000, f. & cert. ef. 8-18-00, Renumbered from 291-055-0011; DOC 10-2002(Temp), f. & cert, ef, 7-10-02 thru 1-6-03; DOC 14-2002, f. & cert. ef. 11-8-02; DOC 9-2013(Temp), f. & cert. ef. 10-23-13 thru 4-21-14

291-104-0111

Definitions

(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, or is pending retrial in a case in which a death sentence may be re-imposed.

(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.]

Stat. Auth.: 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; DOC 4-2013, f. & cert. ef. 4-15-13; DOC 9-2013(Temp), f. & cert. ef. 10-23-13 thru 4-21-14


Rule Caption: Use of Force by DOC Community Corrections Employees

Adm. Order No.: DOC 10-2013

Filed with Sec. of State: 10-23-2013

Certified to be Effective: 10-23-13

Notice Publication Date: 4-1-2013

Rules Amended: 291-022-0105, 291-022-0115, 291-022-0125, 291-022-0130, 291-022-0150, 291-022-0160, 291-022-0161, 291-022-0162, 291-022-0170, 291-022-0190, 291-022-0200, 291-022-0210

Rules Repealed: 291-022-0140

Subject: These amendments are necessary to clarify expectations in regards to use of force by DOC Community Corrections offices; streamline the review process for use of force incidents, making it consistent with the process used by the Operations Division of the department; and other housekeeping items to update the language to current terminology and reflect organizational changes since the last revision of these rules.

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

291-022-0105

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 outline the authority of parole and probation officers in the use of physical force, firearms, and restraints.

(3) Policy: It is the policy of the Department of Corrections to authorize the use of physical force when and to the extent that it is reasonably believed to be necessary as specified in these rules. Parole and probation officers are authorized to use that amount of force that is objectively reasonable to overcome a threat, thereby minimizing the risk of injury to the officer, the threat, and the public.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0115

Definitions

(1) Chemical Agents: Chemical compounds that when deployed are designed to cause sufficient physiological effect to stop, control or temporarily incapacitate an individual.

(2) Deadly Physical Force: Physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

(3) Electronic Control Devices: Security equipment designed to stop, control or temporarily incapacitate through the use of high voltage, low amperage electric stimulation; e.g., conducted electrical weapon, electronic shield, etc.

(4) Level of Force: The type of force employed, the degree of that type of force employed, and the circumstances within which the force is employed.

(5) Local State Director: A person within the Department of Corrections who reports to the Assistant Director of Community Corrections and has responsibility for managing a state community corrections office within a particular county.

(6) Negligent Discharge: An unintentional discharge cause by an action or event that an employee could and should have foreseen or prevented.

(7) Offender: Any person under supervision who is on parole, post prison supervision, transitional leave, local control and/or probation status.

(8) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training

(9) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, firearms, or other physical methods, for the purpose of overcoming the resistance to lawful authority.

(10) Physical Injury: Impairment of physical condition or substantial pain.

(11) Reasonable Force: That force, which is objectively reasonable, based upon the totality of the circumstances and the facts known to the officer at the time.

(12) Security Equipment: Firearms, ammunition, batons, chemical agents, security restraints, electronic control devices, and similar devices.

(13) Serious Physical Injury: Physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

(14) Security Restraints: Handcuffs, temporary cuffs (flexcuffs), and other similar equipment designed to control a person from injuring himself/herself, others, and to prevent escape.

(15) Show of Force: A demonstration of the current ability to use force, such as the massing of parole and probation officers or other officials.

(16) Threat: Any person resisting arrest or resisting being lawfully controlled and/or demonstrating the intent, having the means, and the opportunity to inflict injury, serious physical injury, or death.

(17) Totality of the Circumstances: With respect to use of force, circumstances include, but are not limited to, comparative size; physical, emotional, and mental condition; skill level of combatants; nature of the offense; weapons; and availability of assistance.

(18) Use of Force: Any situation in which an employee uses physical force against a threat, except those situations in which security restraints are used in a standard manner for arrest, escort, or transport.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09; DOC 7-2009, f. 5-22-09 cert. ef. 5-23-09; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0125

Applicability of the Rule

(1) All employees who supervise or work around offenders shall be thoroughly familiar with the departmental procedures of this rule for guidance and direction in use of force incidents.

(2) If there is any question about specific equipment, procedures, etc., in a use of force situation, an employee shall be directed by the location of the situation, rather than by distinctions concerning where he/she is duty stationed.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0130

General Provisions — Use of Force

(1) Physical force may be employed when it is reasonable given the situation and the facts known to the officer at the time. The degree and type of force used shall be objectively reasonable based on the totality of the circumstances and the facts known to the officer at the time the force is delivered. Force shall be de-escalated or terminated as soon as practical after the threat is mitigated and it is safe to do so.

(2) A verbal warning, lawful order, or a verbal transfer of the use of force decision to the threat should be made prior to delivering physical force against a threat, if time and circumstances safely permit the officer to do so.

(3) Immediate use of physical force is authorized in circumstances in which warnings and other non-force alternatives are not reasonable or available to the employee.

(4) The goal of any use of force in a given situation must be to attain a legitimate objective. There are only two purposes an officer can have in using force. All justifiable uses of force will fall into one, or both, of these categories:

(a) Defense, and/or

(b) Control.

(5) Provoking a person to justify the use of physical force, or using physical force as punishment or discipline, is prohibited.

(6) First aid and/or medical assistance shall be provided to an injured person as soon as safely possible following any use of force. This action shall be documented in the Use of Force Report.

(7) Photographs shall be taken of the individuals injuries as soon as practical and retained as part of the documentation of the incident.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0150

Deadly Use of Force

(1) Officers should consider other reasonable means of control before resorting to the use of deadly force as time and circumstances safely permit.

(2) Deadly force may be used upon the reasonable belief that an officer’s life or safety, or the life or safety of another, is in imminent danger of death or serious bodily injury, given the totality of the circumstances known to the officer at the time of his/her action.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0160

Security Equipment

(1) Security Equipment:

(a) All security equipment requires the approval of the Director or designee before being issued and used as department authorized security equipment.

(b) Security equipment shall not be issued to or used by an employee who has not been trained in the proper use of such devices.

(c) Unless authorized by the Assistant Director for Community Corrections or designee, the carrying or use of personal security equipment is prohibited.

(d) The local state director shall authorize the storage and use of security equipment.

(2) Security Restraints:

(a) The standard routine use of security restraints for arrest, escort or transportation of an offender is not a use of force within the context of this rule.

(b) The use of security restraints is authorized to restrict, immobilize, and control the movement of offenders or for the purpose of officer safety.

(c) An offender shall be placed in security restraints with their hands behind their back, before and during transport. Exceptions may exist due to physical and/or medical conditions, at which point alternative methods may be utilized.

(d) Security restraints shall be applied consistent with the training and experience of the officer. Restraints will be checked for tightness and double locked.

(e) Officers shall ensure that unnecessary pressure is not placed on the offender’s chest, back or neck while applying restraints. Officers shall maintain close observation of a restrained offender in order to detect breathing difficulties and/or loss of consciousness.

(f) The officer shall check at least every 30 minutes and verify the security restraints are not causing injury or an obvious medical problem for the restrained offender.

(3) Chemical Agents:

(a) Authorization to carry a chemical agent shall be granted by the local state director.

(b) Authorization to carry department issued chemical agents shall be limited to the performance of official duties.

(c) Officers authorized to carry a chemical agent shall carry the chemical agent or another approved less than lethal force option whenever:

(A) Protective body armor is worn;

(B) A firearm is carried;

(C) An arrest is anticipated or when making an arrest; or

(D) A confrontation with vicious dogs or other dangerous animals is anticipated.

(d) An officer shall only discharge a chemical agent for the following:

(A) To defend the officer or another person from an animal attack;

(B) To defend the officer or another person from imminent danger; or

(C) To enforce a valid order(s) to a threat to submit to the application of restraints; or

(D) Other circumstances where it is objectively reasonable given the totality of the circumstances and facts known to the officer at the time.

(e) When feasible, the officer shall provide a verbal warning to the threat prior to the discharge of a chemical agent.

(f) Those affected by a chemical agent shall be permitted to wash their face, eyes and other exposed skin areas, as soon as safely practical after the chemical agent has been used.

(g) Those affected by a chemical agent in a closed area shall be permitted to move to an uncontaminated area as soon as safely possible after the chemical agent has been used.

(h) A threat who has received an application of a chemical agent shall be observed for symptoms of an abnormal reaction while the officer has custody of the threat. Medical assistance shall be summoned as soon as an abnormal reaction is observed.

(4) Electronic Control Device:

(a) Authorization to carry an electronic control device may be granted by the local state director in accordance to department’s policy on Electronic Control Devices (Parole and Probation Officers) (50.1.3)

(b) Authorization to carry an electronic control device shall be limited to the performance of official duties.

(c) Use of the electronic control device will be in accordance with these rules.

(5) Mandatory Use: Officers shall carry a chemical agent or an electronic control device or another approved less than lethal force option whenever:

(a) Protective body armor is worn;

(b) A firearm is carried;

(c) An arrest is anticipated or when making an arrest; or

(d) A confrontation with vicious dogs or other dangerous animals is anticipated.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09; DOC 7-2009, f. 5-22-09 cert. ef. 5-23-09; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0161

Electronic Control Device Deployment

(1) The electronic control device may be deployed:

(a) To control a dangerous or violent threat when deadly force does not appear to be justified.

(b) On animals, as a deterrent to aggressive behavior, when the officer believes such aggression may cause injury to the officer or another person whom is present.

(2) When feasible, the officer shall provide a verbal warning to the threat prior to deploying the electronic control device.

(3) Once the threat is incapacitated or restrained, continued use of the electronic control device is prohibited, unless the officer believes the threat continues.

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

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

Hist.: DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09; DOC 7-2009, f. 5-22-09 cert. ef. 5-23-09; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0162

Treatment of Affected Persons

(1) Immediately after deploying the electronic control device on a threat, the officer shall observe the threat for symptoms of an abnormal reaction or secondary injuries that may have occurred during the incident. Observation shall continue for the time the officer has custody of the individual. Medical assistance shall be summoned as soon as an abnormal reaction or secondary injury is observed.

(2) Probes may be removed by the officer unless embedded in a sensitive area (face, throat, groin, female breasts). A probe embedded in a sensitive area should only be removed by medical personnel.

(3) When custody or care of the individual is transferred, the officer shall inform jail staff or medical personnel of the approximate time the individual was immobilized, the puncture sites of the probes, and the probe size.

(4) Photographs shall be taken of the individual’s injuries as soon as practical and retained as part of the documentation of the incident.

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

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

Hist.: DOC 28-2008(Temp), f. & cert. ef. 11-25-08 thru 5-22-09; DOC 7-2009, f. 5-22-09 cert. ef. 5-23-09; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0170

Firearms

(1) Prior to resorting to the use of firearms against any threat, time and circumstances permitting, an officer shall first issue an appropriate verbal warning.

(2) The discharge of a firearm will be handled in accordance with the department policy on Critical Incident (40.1.8). The State Police or local law enforcement officials shall be notified to investigate any discharge of a firearm unless the discharge was during training, off duty practice, or negligent discharge where injury or significant property damage did not occur. This investigation shall be separate from the full review.

(3) Any officer involved in the discharge of a firearm in a situation on duty shall immediately report, by the quickest means possible, the incident to the local state director. The employee shall prepare a report as soon as reasonably possible.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0190

Injury, Death, or Hostage

(1) Whenever an officer’s use of force results in the serious injury or death of another, he/she shall be placed on administrative leave until an investigation of the matter by the Inspector General and/or State Police can be concluded.

(2) Whenever an officer’s use of force results in the serious injury or death of another, the officer involved shall be placed on administrative leave until medical and/or psychological clearance has been obtained.

(3) Any officer involved in or immediately exposed to a critical incident involving the serious injury, hostage or death of another shall be provided a critical incident stress debriefing.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0200

Notifications

(1) Any time an officer unholsters and/or points his/her firearm or electronic control device at another, the local state director will be notified according to procedure. The local state director will notify the Assistant Director of Community Corrections of the incident.

(2) Any time an officer is required to use physical or deadly force, the officer shall immediately notify his/her supervisor and/or local state director.

(3) All employees witnessing or directly involved in a use of physical force incident shall individually prepare and submit a use of force report describing their involvement and observation regarding the incident.

(4) All employees witnessing or directly involved in a use of deadly force incident shall report the incident in accordance with the department policy on Critical Incident (40.1.8)

(5) The local state director shall make a verbal report to the Assistant Director of Community Corrections.

(6) In cases of serious or life-threatening injury to a person(s) that requires transport to a medical facility or where deadly force has been used:

(a) The appropriate investigatory agency in the jurisdiction shall be immediately contacted by the local state director.

(b) The investigatory agency can include the Attorney General’s office if a conflict of interest exists.

(6) Prior to any administrative action, the local state director shall confer with the Assistant Director of Community Corrections.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13

291-022-0210

Reviews

(1) General:

(a) Whenever staff employs force in response to an incident, a preliminary review of the use of force incident shall be conducted in accordance with the procedures established in these rules.

(b) A full review of a use of force incident shall be conducted by independent departmental review in accordance with the procedures established in these rules when requested by the Inspector General, or when the following circumstances exist:

(A) A person received a serious physical injury in the course of the use of force incident; or

(B) A firearm was discharged during the incident.

(c) The Inspector General may decide if the full review process for the incident requires assembly of a departmental review team to conduct the full review, or order a separate investigation be conducted by a special investigator from the Investigations Unit.

(2) Preliminary Review:

(a) The local state director shall conduct a preliminary review of all use of force incidents within 48 hours of the incident.

(b) Staff involved in the use of force incident shall prepare, assemble, and provide to the local state director all information and records that are relevant to the incident, including but not limited to reports, documents, videos, and photographs of involved persons and witnesses. Staff and/or offenders may be interviewed as necessary to clarify or obtain relevant information. The local state director shall review the information and records to ensure the documentation of the incident is complete.

(c) The local state director shall review the documentation for compliance with administrative directives and prepare a preliminary review report. The local state director shall forward the preliminary review report and supporting documentation to the Assistant Director of Community Corrections with one of the following recommendations:

(A) In compliance with administrative directives, requires only a preliminary review; and

(i) No further action is required; or

(ii) Further corrective action is required by the local state director to address perceived training, security, or other operational issues;

(B) In compliance with administrative directives but requires a full review; or

(C) Not in compliance with administrative directives but requires oly a preliminary review because appropriate corrective action has been taken by the local state director; or

(D) Not in compliance with administrative directives and requires a full review.

(d) The Assistant Director of Community Corrections shall review the preliminary report and all supporting documentation and make any necessary modification or additions he/she deems necessary. The review shall include a preliminary review of the video tape(s) and all associated reports. If the Assistant Director of Community Corrections determines a full review is warranted, all relevant information will be forwarded to the Inspector General or designee for further review.

(3) Full Review:

(a) When a full review of a use of force incident is requested by the Assistant Director of Community Corrections or otherwise required under these rules, a departmental review team shall be assembled to conduct the full review or a separate investigation shall be conducted by a special investigator from the Investigations Unit.

(b) The departmental review team shall include, at a minimum, a representative from Special Investigations assigned by the Inspector General and a representative from one separate functional unit other than the functional unit in which the incident took place. The functional unit representative may include a represented employee. The Special Investigations representative shall chair the review team and arrange for the appointment of the review team members in consultation with the functional unit managers.

(c) The departmental review team shall review the final preliminary review report and all supporting documentation for compliance with administrative directives.

(d) If any member of the review team deems it necessary or advisable to have additional staff or offender interviews conducted, the review team chair shall arrange for an Investigations Unit employee(s) to conduct the interview(s).

(e) If the review team chair determines that a crime may have been committed in the course of the use of force incident, he/she shall contact the State Police or local law enforcement officials before arranging for any additional interview(s) to determine if the law enforcement officials are conducting a criminal investigation regarding the incident, and if so, whether the additional interview(s) would interfere with the investigation.

(f) If advised that the interview(s) would interfere with a pending criminal investigation, the interview(s) shall be postponed until the criminal investigation has been concluded.

(g) Evaluation Report:

(A) After completing the review process, the review team shall prepare and submit its evaluation report to the Inspector General within 30 working days following completion of the full review.

(B) The report shall set forth the departmental review team’s determination whether the actions taken were in compliance with a Department of Corrections administrative directive(s).

(C) If the review team finds evidence of noncompliance, it shall specify these findings and the rationale upon which the findings have been based in its report.

(D) The Inspector General shall review the report for completeness and forward it to the Assistant Director of Community Corrections for review and any necessary action.

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

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

Hist.: DOC 6-2005, f. & cert. ef. 5-24-05; DOC 10-2013, f. & cert.ef. 10-23-13


Rule Caption: Prison Advisory Committee for Department of Corrections Facilities

Adm. Order No.: DOC 11-2013

Filed with Sec. of State: 11-1-2013

Certified to be Effective: 11-1-13

Notice Publication Date: 7-1-2013

Rules Amended: 291-200-0010, 291-200-0020, 291-200-0030

Subject: These rule amendments willallow the department to determine if a prison advisory committee should be established for a department correctional facility, rather than requiring one be established.

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

291-200-0010

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 179.040, 423.020, 423.030 and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for the establishment and operation of prison advisory committees (PACs) for Department of Corrections facilities.

(3) Policy: It is the policy of the Department of Corrections to establish and facilitate operations of prison advisory committees (PACs) for Department of Corrections facilities in accordance with the mission, vision and values of the department, and these rules.

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

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

Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99; DOC 11-2013, f.& cert. ef. 11-1-13

291-200-0020

Definitions

(1) Affected Communities: Those cities and counties in which a Department of Corrections facility is sited or exists, or which due to their proximity to a Department of Corrections facility commit extensive resources to the ongoing operation of the facility.

(2) Facility: An institution or facility operated by the Department of Corrections which physically houses inmates.

(3) Superintendent: Any person within the Department of Corrections who reports to the Assistant Director for Operations Division or Institutions Administrator and has the responsibility for the delivery and coordination of program operations in a specific facility.

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

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

Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99; DOC 11-2013, f.& cert. ef. 11-1-13

291-200-0030

General

(1) The Department of Corrections, in cooperation with affected communities, may establish prison advisory committees for each Department of Corrections facility.

(2) The Department of Corrections may establish a single prison advisory committee for more than one Department of Corrections facility sited or operating in the same locale when deemed necessary or desirable by the affected facility superintendents. A decision to establish a single prison advisory committee for multiple Department of Corrections facilities must be approved by the Department of Corrections Assistant Director(s) — Institutions or the Assistant Director(s)’ designee.

(3) Each prison advisory committee shall be identified using the name of the Department of Corrections facility(ies) for which it was established (e.g., “Two Rivers Correctional Institution Advisory Committee”).

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

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

Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 11-2013, f.& cert. ef. 11-1-13


Rule Caption: Hygiene, Grooming, and Sanitation of inmates in Department of Corrections Institutions

Adm. Order No.: DOC 12-2013

Filed with Sec. of State: 11-1-2013

Certified to be Effective: 11-1-13

Notice Publication Date: 7-1-2013

Rules Amended: 291-123-0005, 291-123-0010, 291-123-0015

Subject: These rule amendments are necessary to clarify and update standards for proper hygiene and grooming of inmates.

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

291-123-0005

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: The purpose of this rule is to set forth standards governing the personal appearance, personal hygiene, clothing, and sanitation of inmates confined in a Department of Corrections facility.

(3) Policy: It is the policy of the Department of Corrections that each inmate be allowed to maintain his/her appearance within the guidelines established by these rules. It is also the policy of the Department of Corrections that safety and security considerations be given priority over individual choices.

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

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

Hist.: CD 25-1978, f. 9-13-78, ef. 9-15-78; CD 17-1981(Temp), f. & ef. 6-30-81; CD 40-1981, f. & ef. 10-30-81; CD 17-1985, f. & ef. 8-2-85; CD 5-1987, f. & ef. 1-20-87; CD 17-1990, f. & cert. ef. 9-17-90; CD 22-1993, f. 9-15-93, cert. ef. 10-1-93; DOC 12-2013, f. & cert. ef. 11-1-13

291-123-0010

Definitions for OAR 291-123-0005 through 291-123-0015

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

(2) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

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

(4) Proper Hygiene Standards: Practicing a level of personal cleanliness and grooming necessary to maintain good health and to avoid body odor or bad breath.

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

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

Hist.: CD 25-1978, f. 9-13-78, ef. 9-15-78; CD 17-1981(Temp), f. & ef. 6-30-81; CD 40-1981, f. & ef. 10-30-81; CD 17-1985, f. & ef. 8-2-85; CD 5-1987, f. & ef. 1-20-87; CD 17-1990, f. & cert. ef. 9-17-90; CD 22-1993, f. 9-15-93, cert. ef. 10-1-93; DOC 12-2013, f. & cert. ef. 11-1-13

291-123-0015

Procedures

(1) Personal Appearance:

(a) A new identification photograph will be taken whenever an inmate’s appearance substantially varies from the current photograph.

(b) Fingernails will be neatly trimmed and clean and will not be of a length that presents a hazard to safety and security. When looking at the hand palm side up, the fingernails will not extend past the fingers and shouldn’t be visible from that view or otherwise.

(c) Inmates will not tattoo themselves or others; pierce theirs or others’ ears, noses, or other body parts.

(2) Personal Hygiene:

(a) Head and facial hair must be maintained daily in a clean and neat manner.

(b) If a hair search needs to be conducted by staff, it may be necessary to require that the inmate unbraid, loosen, or cut the hair to complete the search.

(c) Inmates who work with machinery and whose hair length, in the judgment of staff, poses a safety or health problem must wear protective hair covering when performing their job assignment in conformance with OSHA guidelines.

(d) Haircuts and styles which draw undue attention to an individual or group will not be allowed.

(e) The only hair styling items permitted shall be those purchased through the commissary or issued by the supervisor of the Barber/Cosmetology Program. Hair styling items will only be used in the inmate’s assigned cell/bunk housing area or the Barber/Cosmetology area.

(f) Eyebrows will not be removed or their appearance altered in a manner that draws undue attention to an individual.

(3) Showers:

(a) Inmates will be afforded the opportunity to shower at least three times weekly unless security staff availability, space limitations, or safety considerations dictate otherwise as authorized by the functional unit manager. Facility standards may require more frequent showering for inmates on specific program or work assignments. Shower schedules and instructions for use will be posted at each institution.

(A) Inmates shall maintain proper hygiene standards. Inmates who fail to maintain proper hygiene standards may be directed by staff to correct deficiencies in order to maintain a minimally acceptable level of personal hygiene and to protect the health and safety of the inmate, other inmates, and staff.

(B) Inmates with medical conditions may require more or less frequent showering than the rest of the inmate population based upon documented medical need and directive or Behavioral Health Services need and directive.

(b) Towels and shower caps will be worn only in the shower area or assigned cell/bunk area.

(4) Personal Hygiene Supplies:

(a) Toiletry items for showering and other personal hygiene requirements will be issued to each inmate.

(b) Inmates will be permitted to possess personal hygiene items authorized for purchase from the commissary .

(c) Information regarding provision of supplies will be provided to inmates at each institution.

(5) Clothing:

(a) Inmates will be issued DOC clothing that is properly fitted, durable, presentable, and suitable for the activity in which the inmate may be involved.

(b) Inmates must be properly attired outside their cell/bunk area as stated in the inmate handbook.

(c) Inmates may be permitted to wear department-approved personally owned or other non-uniform civilian type clothing as approved by the functional unit manager.

(A) Non-uniform clothing designated for release will be maintained by the institution in the receiving and release area as determined by each facility.

(B) Upon return to department custody, the inmate will change into institutional uniform clothing and enter population.

(d) Any clothing that is associated with an unauthorized organization will not be permitted.

(e) All clothing must be worn in a manner for which it was designed.

(f) Clothing will not be altered unless authorized by the functional unit manager/designee.

(g) Inmates shall ensure their clothing is in good repair and neat appearance.

(h) Information regarding issue, exchange, repairs, and proper wearing will be provided to inmates at each institution.

(6) Sanitation:

(a) Cleaning activities will be supervised at all times. Each inmate is responsible for maintaining an acceptable level of sanitation of his/her living area.

(b) Any condition conducive to harboring or breeding insects, rodents, or other vermin will be referred immediately to the safety manager for immediate corrective action. Licensed pest control professionals will be used when necessary to clean or fumigate the facility.

(c) Liquid and solid wastes will be collected, stored, and disposed of in a manner that will avoid nuisance and hazards and protect the health and safety of inmates and staff in accordance with the requirements in the Department of Corrections policy on Hazard Communications (20.6.8) and other appropriate department directives.

(d) Provisions will be made for at least weekly exchange of linen. A cleaning schedule for linen and bedding will be published in inmate newsletters as appropriate. Each facility will ensure the issue of bedding and linen is sufficient to provide comfort under existing temperature conditions.

(e) A cleaning or exchange schedule for linens will be established for each institution.

(f) All areas will be inspected daily by those responsible to ensure that the work performed is consistent, proper and thorough, and the equipment and supplies are not wasted.

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

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

Hist.: CD 25-1978, f. 9-13-78, ef. 9-15-78; CD 17-1981(Temp), f. & ef. 6-30-81; CD 40-1981, f. & ef. 10-30-81; CD 17-1985, f. & ef. 8-2-85; CD 5-1987, f. & ef. 1-20-87; CD 17-1990, f. & cert. ef. 9-17-90; CD 22-1993, f. 9-15-93, cert. ef. 10-1-93; DOC 9-2001, f. & cert. ef. 3-21-01; DOC 12-2013, f. & cert. ef. 11-1-13


Rule Caption: Validation and Evaluation for classification risk instrument in Community Corrections

Adm. Order No.: DOC 13-2013

Filed with Sec. of State: 11-1-2013

Certified to be Effective: 11-1-13

Notice Publication Date: 6-1-2013

Rules Repealed: 291-078-0045

Subject: This rule is no longer needed. The validation and evaluation of the instrument is covered under OAR 291-078-0031

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

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

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