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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 69

SECURITY THREAT MANAGEMENT

291-069-0200

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 these rules is to establish department policy and procedures for the identification and management of individual inmates and groups of inmates that in the judgment of the department present an elevated security threat risk based their criminal history, institutional conduct history, present behavior, interstate transfer status, escape history, and based on intelligence.

(3) Policy:

(a) Security threat activity by individual inmates or groups of inmates poses a serious threat to the safe, secure, orderly and efficient operation and management of Department of Corrections facilities, the safety and security of Department employees, inmates, and the public. For these reasons, it is the policy of the Department of Corrections to maintain zero-tolerance for significant security threat related behavior and activity by inmates under its jurisdiction. In furtherance of this policy, the Department of Corrections will:

(A) Identify and effectively manage inmates and groups of inmates that in the judgment of the Department present an elevated security threat risk based on their criminal history, institutional conduct history, present behavior, interstate transfer status, escape history, and based on intelligence. Effective inmate management may include intensive interaction with the inmates by trained Security Threat Management managers, and the suspension, restriction, or modification of department programs and services on an individualized basis, in accordance with these rules.

(B) Maintain an information network to monitor and control security threat behavior and activity and provide intelligence information to department staff.

(C) Investigate security threat related behavior or activity by inmates in a fair and objective manner.

(b) In cooperation with other criminal justice agencies, the Department of Corrections may share information regarding security threat behavior or activity of inmates or groups of inmates to assist in controlling criminal activity associated with these inmates. Security threat related behavior or activity that may include criminal conduct shall be referred to the Oregon State Police.

(c) Inmates under the jurisdiction of the Department of Corrections shall not encourage, promote, further, assist, or otherwise participate in any security threat behavior or activity as described in 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 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0210

Definitions

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

(2) Intelligence File: Those documents maintained by the Department of Corrections for administrative and case management purpose.

(3) Security Threat Activity: Inmate behavior which poses a significant threat to the safe and secure operation of the facility, including, but not limited to, threatening or inflicting bodily injury on another person, posing a high risk of escape, promoting or engaging in disruptive group behavior, distributing a controlled substance, or being involved in any other activity that could significantly threaten the safe and secure operation of the facility.

(4) Security Threat Group (STG): Any group of two or more individuals who:

(a) Have a common group name, identifying symbol, or characteristic which serves to distinguish themselves from others.

(b) Have members, affiliates, and/or associates who individually or collectively engage, or have engaged, in a pattern of illicit activity or acts of misconduct that violates Oregon Department of Corrections rules.

(c) Have the potential to act in concert to present a threat, or potential threat, to staff, public, visitors, inmates, offenders or the secure and orderly operation of the institution.

(5) Security Threat Group Paraphernalia: Any material, document(s) or items evidencing security threat group involvement or activities (e.g., rosters, constitutions, structures, codes, pictures, training material, clothing, communications or other security threat group-related contraband).

(6) Security Threat Management (STM) Assistant Chief: A department Public Services Division, Special Investigations Unit employee assigned to coordinate communication between institution managers and STM lieutenants; monitor, conduct, develop and coordinate employee training; and manage the department’s overall security threat management program.

(7) Security Threat Management (STM) Intelligence Analyst: An STM Unit employee with the responsibility of receiving incoming intelligence and data, analyzing information, predicting trends and activity, organizing information into a usable format, documenting information and disseminating intelligence to appropriate stakeholders.

(8) Security Threat Management (STM) Lieutenant: An STM Unit employee assigned to review and investigate suspected security threat activity; maintain and gather intelligence on security threat groups, inmates and their affiliates; directly manage the day-to-day activities of inmates identified as security threats; assist the STM Assistant Chief and his/her team responsible for STM coordination with institution managers; assist in monitoring, conducting, developing, and coordinating employee training; serve as liaison between the department and other local, state and federal law enforcement agencies and correctional institutions; and assist in managing the department’s overall security threat management program.

(9) Security Threat Management (STM) Unit: Department of Corrections employees, as assigned, consisting of the department STM Assistant Chief, STM lieutenants and STM intelligence analyst(s).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0220

Institution Intelligence Officer(s)

Each functional unit manager shall designate one security manager or Assistant Superintendent of Security, and a designated backup, to act as the institution intelligence officer. This employee will be the direct liaison of STM intelligence information between the STM lieutenant and the institution. The purpose of this is to get intelligence information to the institution at a level capable of making immediate management decisions based on the intelligence received.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0230

Identification

(1) The department will identify inmates and groups of inmates that present an elevated security threat risk based on their criminal history, institutional conduct history, interstate transfer status, escape history, present behavior, STM intelligence data base, human intelligence, and other available resources. Inmates identified by the department as presenting an elevated security threat may be managed by the Security Threat Management (STM) Unit.

(2) An inmate may be identified as a “high alert” management inmate based on the criteria listed in Attachment A.

(3) The STM Unit will maintain a record of all inmates identified by intelligence sources as affiliates of a security threat group who are actively supporting, promoting or engaging in behavior which caused an elevated risk to the safety, security and orderly operations of DOC facilities. These records will be kept in a secured area designated by the STM Assistant Chief.

(4) Any department employee who becomes aware of any inmate who may be engaged in or affiliated with security threat behavior or activity shall communicate such information to the appropriate STM lieutenant. Each correctional facility will have an assigned STM lieutenant, who may or may not be housed on-site, but will be responsible for management of STM related activity at their specific institutions.

(5) Upon receipt of security threat information, the STM lieutenant will determine whether the information is valid. If the information is deemed valid, the STM lieutenant will forward the information to the institution intelligence officer and the STM intelligence analyst.

(6) The STM intelligence analyst will use various means to analyze and document the intelligence information. The intelligence analyst will then disseminate any applicable information to the appropriate STM lieutenant, institution intelligence officer, functional unit manager or other internal and external stakeholders.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0240

Reporting

The STM Unit will produce a periodic security threat management distribution report and distribute the report to the Director, Deputy Director, Assistant Directors, Inspector General, Institutions Administrator, Chief of Security, institution functional unit managers, and other criminal justice agencies as requested or required by the Director or designee.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0250

Discipline

(1) The hearings officers and adjudicators shall report all disciplinary actions which involve security threat related activity to the STM lieutenant to assist in tracking security threat group activity, trends, etc.

(2) Any inmate found in violation of a rule(s) of prohibited inmate conduct which involved security threat activity may be subject to a review from the STM Unit.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0260

Security Threat Group Paraphernalia

All security threat group paraphernalia, as defined in this rule, is unauthorized and considered contraband within Department of Corrections facilities and is subject to confiscation. Security threat group paraphernalia may be used to further document and validate security threat group identification and classification.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0270

Management of “High Alert” Inmates

(1) Inmates identified by the department as “high alert” management inmates may be managed by the department’s STM Unit.

(2) Inmate Management Plans: The STM lieutenant will develop an approved Inmate Management Plan for each inmate identified by the department as a “high alert” management inmate.

(a) The Inmate Management Plan will be in writing and describe the behavior or other circumstance(s) that resulted in the inmate’s identification as “high alert,” and the department’s corresponding program and behavior expectations for the inmate.

(b) The Inmate Management Plan may direct the denial, removal, suspension, restriction or modification of inmate programs, services or activities for the inmate to encourage an inmate to modify his or her behavior to conform to department rules, standards, and staff expectations, and to advance the inmate towards appropriate pro-social behavior, in accordance with these rules.

(c) The Inmate Management Plan will document any denial, removal, suspension, restriction, or modification of inmate programs, services or activities ordered for the inmate.

(d) The STM lieutenant will provide each high alert inmate with a copy of the inmate’s Inmate Management Plan.

(3) Denial, Removal, Suspension, Restriction or Modification of Inmate Programs, Services or Activities:

(a) Facility Programs, Work Assignments, and Clubs: An inmate under the management of the STM Unit may be denied participation in, or may be removed from, any work or program assignment, group activity or club if the inmate’s participation is determined to present an undue risk to the safe, secure, orderly or efficient operation and management of the facility or as a part of an approved Inmate Management Plan.

(b) Other Inmate Programs, Services, and Activities: An inmate under the management of the STM Unit may have other inmate programs, services, and activities suspended, restricted or modified by the department. Programs, services, and activities that may be affected include, but are not limited to, recreation yard, housing assignments, work assignments, canteen use, telephone use (except legal calls), visiting (except attorney visits), inmate-to-inmate mail, and television services.

(A) An Inmate Management Plan that directs the suspension, restriction, or modification of programs or services to an inmate requires the approval of the STM Assistant Chief or designee.

(B) An Inmate Management Plan that directs the suspension, restriction, or modification of programs or services to an inmate in excess of 90 days requires the approval of the Inspector General’s Chief Investigator.

(C) An Inmate Management Plan that directs the suspension, restriction, or modification of programs or services to an inmate in excess of 120 days requires the approval of the Inspector General.

(D) Any suspension, restriction, or modification of programs or services provided to an inmate will be in accordance with the STM Restriction Scale. (Attachment B).

(4) Temporary Placement in Disciplinary Segregation: With the approval of the functional unit manager or designee or the officer-in-charge, the STM lieutenant may order the immediate temporary placement of an inmate in disciplinary segregation when in his or her judgment the assignment is necessary to further the department’s management of a specific security threat, or the safe, secure and orderly operation and management of the facility. An inmate managed by the STM unit will not be placed in temporary segregation beyond five working days; otherwise the placement will be considered Administrative Segregation in accordance with OAR 291-046.

(5) Transfers:

(a) An inmate under management of the STM Unit may be transferred to any facility, in or out of state, in accordance with the inmate’s Inmate Management Plan, the department’s overall security threat management plan, interstate compact agreements and population or program management needs.

(b) The Interstate Compact Unit staff shall notify the STM Assistant Chief or designee of any inmate requesting transfer to or from Oregon where security threat group affiliation or security threat behavior is suspected.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

291-069-0280

Administrative Review

(1) An inmate who has been identified by the department as a “high alert” management inmate may obtain an administrative review of the classification action in accordance with this rule, by submitting a written request for administrative review to the Inspector General’s Chief Investigator or designee at the department's central administrative offices.

(a) The administrative review request must specify the reason(s) why the inmate believes that his or her high alert management identification is inappropriate. The request for review must also include any supporting documentation by the inmate to be considered in reviewing the appropriateness of the high alert management identification.

(b) The Chief Investigator or designee must receive the administrative review request within 15 days of the issuance of the Inmate Management Plan to the inmate.

(2) Upon receipt of a timely written request for administrative review, the Chief Investigator or designee will review the high alert management identification, and affirm or reverse the classification as circumstances warrant. The decision of the Chief Investigator or designee shall be final.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 8-2007(Temp), f. 11-26-07, cert. ef. 12-1-07 thru 5-29-08; DOC 13-2008, f. & cert. ef. 5-19-08

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