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DEPARTMENT OF CORRECTIONS
DEPARTMENT OF CORRECTIONS
DIVISION 73
MANDATORY AND DESIRABLE CRITERIA FOR SITING CORRECTIONAL FACILITIES
291-073-0010
Authority and Purpose
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.614, 423.020, 423.030 and 423.075.
(2) Purpose: The purpose of this rule is to establish mandatory and desirable criteria to be used in the nomination of sites for the construction and operation of Oregon correctional facilities.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96
291-073-0020
Mandatory Criteria for all Sites
The mandatory criteria for all sites (including medium security and minimum work camps) are listed below. They are not in any order of preference.
(1) A proposed site must be available by purchase, condemnation, exchange or otherwise.
(2) A proposed site must be of sufficient size and shape to accommodate the planned facility and its operation.
(3) A proposed site must not be located in a 100-year flood plain as defined by a current FEMA map.
(4) A proposed site must not be in a designated tsunami inundation zone.
(5) A proposed site must have infrastructure available either on-site or such that they can be provided and maintained cost effectively. This infrastructure includes:
(a) Water for domestic use, fire protection, and irrigation;
(b) Sanitary sewer collection and treatment;
(c) Surface drainage and storm water collection and disposal; and
(d) Electricity, natural gas and/or oil or propane and telecommunications.
(6) A proposed site must be served by road or highway system capable of supporting the planned facility. New roadway construction or roadway improvements (if required) must be able to be constructed at a reasonable cost and be ready at the time the facility is scheduled to be opened.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96Ï
291-073-0030
Desirable Criteria for Medium Security Sites
The desirable criteria for medium security sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered.
(1) A proposed site which is available at little or no cost.
(2) A proposed site which has 200-300 acres with 300 acres the preferred size.
(3) A proposed site which is square or nearly so.
(4) A proposed site which is relatively flat to minimize earthwork, foundation, construction costs and surface/subsurface drainage construction costs.
(5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges.
(6) A proposed site which is not adjacent to a school, unless the parcel is buffered.
(7) A proposed site which is not adjacent to a developed single-family or multi-family residential area, unless the parcel is buffered.
(8) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity.
(9) A proposed site with existing buildings that can be remodeled for utilization in new construction.
(10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage or subsurface high water table.
(11) A proposed site not having an environmental, ecological, cultural or historic feature or condition which cannot be mitigated with remediation and/or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to, wetlands, historic or culturally significant sites, habitat for federally designated threatened and endangered species.
(12) A proposed site that maximizes the use of present Department of Corrections facilities and considers such institution management issues as warehousing, inmate transportation, inmate management, etc.
(13) A proposed site which has judicial, emergency and support services availability:
(a) Fifteen minutes or less to local and/or state police, full service fire department, and emergency medical transport/care;
(b) Sixty minutes or less to a National Guard unit;
(c) Forty-five minutes or less response time from licensed full service in-patient care hospital that accepts OMAP payment;
(d) Forty-five minutes or less to educational institutions to provide GED, vo-tech programs for inmates;
(e) Ninety minutes or less to higher education opportunities for staff development;
(f) Adequate providers of support services to inmates, including counseling, religious, job training and education; and
(g) Reasonable access to court facilities.
(14) A proposed site that can demonstrate eminent opportunity for inmate work by either the public or private sector. Sites that have Oregon Enterprise Zone designations that may be of assistance in attracting a private partner using inmate labor.
(15) A proposed site which is in close proximity to a population area from which a large number of inmates originate.
(16) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community.
(17) A proposed site which is served by interstate and/or major arterial roadway. Paved (providing year around service, two lanes, maintained by state, city or county) interstate access is preferable.
(18) A proposed site with convenient access by public transportation, including commercial airport and surface transportation and public accommodations, such as hotel/motel facilities.
(19) A proposed site with a community of 30,000 population or greater within a 60-mile radius with:
(a) Substantiation of an adequate workforce;
(b) Demonstration of the ability of the community to provide for or develop adequate housing and other community services, including primary and secondary schools;
(c) Range of physical specialty services; and
(d) Community ability to cost effectively provide food, fuel, equipment, spare parts, and maintenance to the facility.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96
291-073-0040
Desirable Criteria for Minimum Security Work Camp Sites
The desirable criteria for medium security work camps sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered.
(1) A proposed site which is available at little or no cost.
(2) A proposed site which has 25 acres with 30 acres the preferred size.
(3) A proposed site which is square or nearly so.
(4) A proposed site in which the topography will minimize earthwork, foundation, construction costs and surface/subsurface drainage construction costs.
(5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges.
(6) A proposed site which is rural; isolated locations are appropriate.
(7) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity.
(8) A proposed site which has appropriate soil percolation capacity to use septic tank and drain field, if one is proposed for the site.
(9) A proposed site with existing buildings that can be remodeled for utilization in new construction.
(10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage or subsurface high water table.
(11) A proposed site not having an environmental, ecological, cultural or historic feature or condition which cannot be mitigated with remediation and/or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to wetlands, historic or culturally significant sites, habitat for federally designated threatened and endangered species.
(12) A proposed site that maximizes the use of present Department of Corrections facilities and considers such institution management issues as warehousing, inmate transportation, inmate management, etc.
(13) A proposed site which has judicial, emergency and support services availability:
(a) Thirty minutes or less to local and/or state police, full service fire department and emergency medical transport/care; and
(b) Sixty minutes or less response time from licensed full service in-patient care hospital that accepts OMAP payment.
(14) A proposed site which can identify inmate work opportunities by either the public or private sector.
(15) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community.
(16) A community able to cost effectively provide:
(a) Food, fuel, equipment, spare parts, and maintenance to the facility; and
(b) Support services to inmates, including counseling, religious, job training and education.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96
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