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

Savanna Haven Property

291-073-0100

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 as policy of the Department of Corrections the appropriate utilization of approximately 104 acres of real property owned by the department situated in Marion County, Oregon, inside the City of Salem bordering the Oregon State Correctional Institution described in Exhibit A and hereinafter referred to as the "Savanna Haven Property."

(3) Policy:

(a) As provided in the Oregon Sustainability Act, ORS 184.423, Oregon agencies, in their operations, “should help reduce adverse impacts on native habitats and species and help restore ecological processes.”

(b) The department understands that utilization of the Savanna Haven Property must be in compliance with the following:

(A) ORS 184.423;

(B) ORS 276.054;

(C) City of Salem zoning requirement; and

(D) Salem Area Comprehensive Plan (Southeast Salem Area Plan).

(c) Consistent with the Oregon Sustainability Act and with the values and purposes described more fully below, it is the policy of the Department of Corrections to maintain and utilize the Savanna Haven Property in a manner that preserves the habitat values of the existing oak savanna and secures the area from commercial and industrial encroachment, as set forth in these rules.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 184.423, 276.054, 423.020, 423.030, 423.075
Hist.: DOC 8-2014, f. & cert. ef. 3-3-14

291-073-0110

Utilization

(1) The Savanna Haven Property is a relatively undeveloped area that possesses scenic, aesthetic, open space, agricultural, natural resources, and wildlife habitat values (collectively "conservation values") of great importance to the people of Marion County and the State of Oregon. Among the specific conservation values of the Savanna Haven Property are valuable ecological systems and plant communities, including but not limited to the following:

(a) Vegetative communities ranging from grassland and oak savanna to mixed Oregon white oak and conifer woodlands;

(b) Bird species such as the acorn woodpecker, white breasted nuthatch, and American kestrel rely upon the savanna (grassland interspersed with oak groves), the woodland, or both for nesting and feeding grounds.

(2) The Department of Corrections understands the people of Marion County have a significant interest in the department’s maintenance and utilization of the Savanna Haven Property, particularly those individuals and organizations who own land bordering the Savanna Haven Property. Accordingly, and consistent with purposes, policy and values described in these rules, the department intends the Savanna Haven Property be maintained in the manner prescribed in subsection (3) of this rule and utilization of the property be limited to those activities specified in subsection (4) of this rule.

(3) The Savanna Haven Property shall be maintained as described below:

(a) Existing Buildings: Three barns currently exist on the property.

(A) The existing buildings on the property will be used and maintained by the department.

(B) If any buildings or structures on the property are damaged and present a safety hazard they will be repaired or demolished at the department’s sole discretion.

(b) Existing Roadways: Maintenance of unpaved access roads for necessary improvements and uses permitted on the property are permitted, but limited to agricultural and maintenance uses.

(A) The gravel roadways providing maintenance and emergency access to the property will be maintained as appropriate.

(B) No portion of the property shall be paved or otherwise covered with concrete, asphalt or any other surface material other than gravel.

(c) Vegetative Cover: The property shall be maintained with vegetative cover.

(A) Areas of significant natural resource and habitat value may be restored and maintained.

(B) The control of non-native vegetation by removal or herbicide application is permissible.

(C) Diseased or hazardous trees will be removed as permitted by City of Salem Revised Code Chapter 68.

(d) It is specially noted that in restoration of Willamette Valley oak woodland and savannah habitat, selective or complete removal of Douglas-fir is a normal professional restoration practice. Douglas-fir trees may be removed from the property to improve the habitat value of the savannah and woodlands.

(4) Permissible activities of the Savanna Haven Property include the following:

(a) Agricultural production limited to the following:

(A) Grass hay production and harvesting in the field area surrounding the existing barns. The primary benefit of the grass hay production and harvesting will be weed and fire danger control.

(B) Plant, raise and harvest non-wholesale/retail nursery stock for use by the agencies of the State of Oregon.

(b) Educational opportunities including, but not limited to:

(A) Utilization of portions of the property to engage in approved programs of education, training, and restorative activities.

(B) Making the property available for use as a field study site for educational programs offered by colleges and universities.

(c) Signage: The department may place signs on the property, including but not limited to, signs to identify boundaries and plant species.

(5) If there are any changes to the utilization of the Savanna Haven Property as specified in this rule, the department shall provide reasonable opportunity for public comment by scheduling a rulemaking hearing. Pursuant to ORS 183.335, the department shall give notice of the rulemaking hearing to the following:

(a) Legislators as specified in ORS 183.335(15);

(b) Interested parties maintained on the department’s mailing list pursuant to ORS 183.335(8);

(c) Individuals and organizations who own land bordering the Savanna Haven Property;

(d) City of Salem Public Works Director; and

(e) Marion County Planning Director.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 184.423, 276.054, 423.020, 423.030, 423.075
Hist.: DOC 8-2014, f. & cert. ef. 3-3-14

 

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