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DEPARTMENT OF CORRECTIONS

 

DIVISION 77

PERFORMANCE RECOGNITION AND AWARD SYSTEM (INMATE)

291-077-0010

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, 421.440, 423.020, 423.030, and 423.075 and Article I, Section 41 of the Oregon Constitution.

(2) Purpose: The purpose of this rule is to establish Department of Corrections policy and procedures governing its provision and distribution of monetary awards and other incentives to inmates made under the department's Performance Recognition and Awards System (PRAS).

(3) Policy:

(a) Within the inherent limitations of resources and the need for facility security, safety, health and order, it is the policy of the Department of Corrections to make available to inmates monetary awards and other incentives to recognize and encourage good institutional conduct. This includes exceptional performance in work and workforce development assignments and in self-improvement programs that address the criminal behaviors that led to their incarceration.

(b) Monetary awards provided to inmates under the PRAS and these rules are made available solely at the discretion of the Department, and may include the following:

(A) Performance awards that support the development of good performance and behaviors by inmates in Department of Corrections facilities; and

(B) Special Meritorious Awards that reward exceptional acts or behaviors by inmates that contribute to the safe and orderly operation of Department of Corrections facilities.

(c) Non-Monetary Incentives: Functional unit managers will examine the assets and practices of their facility and develop and implement non-monetary incentives that support the mission of the Department of Corrections and motivate inmates toward positive institutional behaviors and program compliance.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 21-1996(Temp), f. & cert. ef. 12-3-96; CD 1-1997(Temp), f. & cert. ef. 2-1-97; CD 7-1997, f. 5-19-97, cert. ef. 6-1-97; DOC 22-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 3-29-01; Administrative correction 6-20-01; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03

291-077-0020

Definitions

(1) Approved Programming: Inmate program assignments which are in compliance with the inmate’s Oregon Corrections Plan or Article I, Section 41 of the Oregon Constitution.

(2) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director, or administrator and has responsibility for delivery of program services or coordination of program operations. In a correctional facility, the superintendent is the functional unit manager.

(3) General Population: For the purposes of these rules, any housing assignment that is not special housing as described in section (8) below including general population inmates out to court or out of the facility for medical or other reasons.

(4) Non-Monetary Incentive Program (also called Non-Cash Incentives Program): A program developed to enhance PRAS. This system will utilize “non-cash” items or activities to recognize inmates for their past and continued successful performance in approved programming and good institutional conduct.

(5) Performance Awards: Monthly monetary awards made to inmates at the discretion of the department to support the development of good performance and behavior and provide inmates with incentives to fully participate in programs that address criminal thinking, workforce development needs, substance abuse problems, and other contributors to their criminal behavior.

(6) Program Failure: Removal from a program for failure to satisfactorily perform in a program assignment or refusal to participate in a recommended or required program.

(7) Qualifying Programs: Any qualifying inmate assignment, including work, training, treatment and workforce development. Qualifying programs may include, but are not limited to the following:

(a) Work based education (WBE) program assignments in which inmates perform a service or produce a product. Many of the programs may include both training and production components.

(b) Treatment assignments that address diagnosed mental or behavioral problems that are barriers to successful employment, including but not limited to, alcohol and drug treatment or mental health day treatment; and

(c) Workforce development assignments intended to remove educational barriers (e.g., Adult Basic Education (ABE) or English as a Second Language (ESL)) or address personal deficits (e.g., Anger Management or Basic Living Skills) that impede employment.

(8) Special Housing: For purposes of these rules, special housing includes inmates housed in the following:

(a) Administrative Segregation;

(b) Disciplinary Segregation;

(c) Death Row;

(d) Intensive Management Unit; and

(e) Special Management Unit.

(9) Special Meritorious Awards: Monetary awards made to inmates at the discretion of the department to reward exceptional acts or behaviors that contribute to the safe and orderly operation of the facility, result in reductions in the cost of government, or recognize achievements in meeting team goals in a work or training assignment.

(10) Visitation Enhancements: Additional options over and above those mandated in the rule on Visiting (OAR 291-127). (Examples may include extra visiting points or different visiting hours.)

Stat. Auth.: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Hist.: CD 21-1996(Temp), f. & cert. ef. 12-3-96; CD 7-1997, f. 5-19-97, cert. ef. 6-1-97; DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01; DOC 15-2001, f. & cert. ef. 7-9-01; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03; DOC 1-2006, f. & cert. ef. 2-15-06

Procedures

291-077-0030

Inmate Performance Awards

(1) All inmates housed in a Department of Corrections facility, except inmates who are provided compensation by the department or Oregon Corrections Enterprises for their daily full-time participation in a Prison Industries Enhancement (PIE) certified inmate work program, may be considered at the discretion of the department for a monthly performance award in accordance with these rules.

(2) The awards will be made based on three primary considerations: the level of responsibility associated with an inmate's program assignments; the level of performance demonstrated by the inmate in his/her program assignments; and the inmate's institutional conduct. Individual performance awards will be determined based on each eligible inmate's total monthly performance points.

(3) Evaluation Period: Each inmate will undergo a 120-day evaluation period. During this period, the department will assess an inmate's willingness, attitude, and aptitude to perform in his or her particular program assignment(s). Inmates will not earn PRAS points for program assignments during this evaluation period. The 120 days begin accumulating on the inmate's admission date to the department.

(a) Inmates housed in minimum security facilities are exempt from the 120-day evaluation period. All inmates returning to a department facility, even a minimum security facility, as a consequence of failing their transitional leave will be subject to the 120-day evaluation period.

(b) Minimum security inmates reassigned to a medium security facility as a consequence of misconduct must complete the 120-day evaluation period upon their transfer.

(4) Daily Points: After the 120-day evaluation period, and for each day of satisfactory performance in a qualifying program assignment(s), the department will credit each eligible inmate with points equal to the value of the responsibility level for the inmate's program assignment. Satisfactory level of performance will be determined on a pass/fail basis. The total points credited to the inmate for each day equals the inmate's daily points.

(5) Monthly Performance Points:

(a) Each month the department will add together the inmate's daily points for that month to determine the inmate's monthly performance points. The monetary awards associated with specific ranges of accrued points earned during the month are set forth in Appendix A.

(b) The department will deduct a fixed percentage of each performance award made to inmates under these rules, to be credited to a general victims assistance fund. The department will credit the remainder of any monetary award to each recipient inmate's trust account.

(6) Responsibility Level: The department will assign a level of responsibility for each qualifying program assignment. The Assistant Director of Operations or designee will determine a specific responsibility level for each qualifying program.

(a) Qualifying program assignments will be assigned a responsibility level determined from a job description from the Department of Labor, Dictionary of Occupational Trades (DOT) that best describes the duties of the assignment. Each DOT job description includes skill level rating for specific vocational preparation (SV), reasoning, language and math.

(b) The Assistant Director for of Operations or designee may assign a qualifying program assignment a responsibility level that differs from the DOT job description when deemed appropriate to more accurately reflect the level of responsibility associated with a particular program assignment in a correctional setting. However, in no case will the responsibility level be assigned based on the monetary value of the inmate's work to the facility or any public agency or private enterprise.

(7) Satisfactory Performance: Program supervisors will submit to the functional unit manager or designee, their daily pass/fail assessment for each inmate's performance in each qualifying program. The daily assessment will be based on the inmate's attendance, performance quality, performance effort, interpersonal communications with staff and fellow inmates, self-improvement effort, and ability to follow directions.

(8) Multiple Program Assignments: Inmates will be credited with points from only one assignment in the work program category and one assignment in the work-based education/treatment category in any given day. Inmates will be credited with points from the highest responsibility level in each of the two categories in a specific day. A failing level of performance in any of the program assignment category will result in no points being awarded in that category for that day.

[ED. NOTE: Appendices 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 21-1996(Temp), f. & cert. ef. 12-3-96; CD 1-1997(Temp), f. & cert. ef. 2-1-97; CD 7-1997, f. 5-19-97, cert. ef. 6-1-97; CD 31-1997(Temp), f. 12-24-97, cert. ef. 1-1-98; DOC 15-1998, f. 6-24-98, cert. ef. 6-29-98; DOC 22-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 3-29-01; DOC 1-2001, f. & cert. ef. 1-11-01; DOC 4-2003(Temp) f. 2-20-03, cert. ef. 2-28-03 thru 8-24-03; DOC 13-2003, f. & cert. ef. 8-22-03; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03; DOC 1-2006, f. & cert. ef. 2-15-06

291-077-0033

Behavioral Adjustments, Unsatisfactory Performance and Program Failures

(1) Daily Fail: Program supervisors may submit a fail assessment of an inmate’s daily performance in any qualifying program.

(a) When a daily fail assessment is submitted, it is the supervisor’s responsibility to complete a Record of Inmate Daily Performance Failure (CD 118a).

(b) One copy will be given directly to the inmate, one copy attached to the daily attendance roster, and remaining copies distributed in accordance with institution-specific procedures.

(2) Program Fail: The inmate assignment supervisor or counselor, in his/her sole discretion, with reasonable cause based upon an inmate’s poor performance and non-compliance with prescribed programming may fail an inmate from any qualifying program. Poor performance and non-compliance include the following behaviors: refusal to participate, non-attendance, poor performance quality, poor performance effort, poor interpersonal communications with staff and fellow inmates, poor self-improvement effort and inability to follow directions or to ensure the orderly continued operation of the program.

(a) When a program failure is submitted, it is the supervisor’s responsibility to complete an Inmate Performance Report (CD 118b).

(b) One copy will be given directly to the inmate, one copy attached to the daily attendance roster, and remaining copies distributed in accordance with institution-specific procedures.

(3) For purposes of this rule, inmates who dispute a program fail may use the inmate grievance system as described in the rule on Inmate Grievance Review System (OAR 291-109).

(4) Evaluation Period: There is also a 30-day program pass evaluation period that is a total of 30 successful programming days (30 daily passes). Inmates will not earn daily points during this evaluation period. An inmate will undergo the 30-day program pass evaluation period if involved in any of the following:

(a) Removal from a program for failure to satisfactorily perform in a program assignment; or

(b) Placement in segregated housing in connection with an inmate disciplinary sanction order.

(c) If an inmate is involved in any of the above events during the initial 120-day evaluation period described in OAR 291-077-0030(3), the 30-day program pass evaluation will not start until after the 120-day evaluation period is completed.

(4) Behavioral Adjustment:

(a) The department will record all inmate disciplinary sanction orders and adjust downward the inmate’s monthly performance points based on the level of misconduct assigned to the disciplinary rule violation(s) by the corresponding inmate disciplinary grid(s) contained in the department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). For each disciplinary order sanctioning an inmate for a disciplinary rule violation, the department will deduct points from an inmate’s monthly performance points based on the level of misconduct as follows:

(A) Level 1 -- 100% Deducted.

(B) Level 2 -- 80% Deducted.

(C) Level 3 -- 65% Deducted.

(D) Level 4 -- 40% Deducted.

(E) Level 5 -- 20% Deducted.

(F) Level 6 -- 10% Deducted.

(b) Deductions for behavioral adjustment will be made in the month in which the final disciplinary order is issued in the disciplinary case. Monthly performance points with behavioral adjustments will be calculated by taking the monthly performance points, subtracting for behavioral adjustments to determine the total monthly performance points.

Stat. Auth.: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Hist.: DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01; DOC 15-2001, f. & cert. ef. 7-9-01; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03; DOC 1-2006, f. & cert. ef. 2-15-06; DOC 10-2009, f. 6-30-09, cert. ef. 7-1-09

291-077-0035

Non-Monetary Incentives (Non-Cash Incentives)

The purpose of non-cash incentives is to enhance cost effective inmate management by providing tiered access to services and privileges at department facilities. Non-cash incentives encourage pro-social behavior among inmates consistent with good correctional practices and the mission of the department. Functional unit managers may limit an inmate’s access to services and privileges available within the incentive level attained by the inmate, as necessary, to ensure the safe and secure operation of the facility and within resources available to and physical plant limitations of the facility.

(1) General:

(a) Functional unit managers will develop a list of services and privileges specific to their facility as part of the DOC non-cash incentives program (institution incentive level matrix).

(b) Specific services and privileges available to inmates may differ between facilities depending on size and configuration of space and availability of resources.

(c) Some incentive services and privileges will be offered consistently throughout the department at each facility, when possible, as outlined in Appendix C.

(d) There will be three incentive levels (Level I, Level II, and Level III) available to inmates.

(e) Incentive Level I is a restricted level statewide. Restrictions imposed may differ between facilities due to the size and configuration of each facility. Level I inmates are identified with an orange identification card.

(f) Incentive Level II offers more services and privileges than Level I. Level II inmates are identified with the standard identification card (red fading into white).

(g) Incentive Level III is the highest attainable incentive level. Level III inmates are identified with a silver, holographic tamper resistant “NCI 3” sticker placed on their identification.

(h) Incentive levels will be calculated electronically at the end of each business day and made available to staff the following business day.

(2) Inmate Eligibility:

(a) All general population inmates will be eligible to earn services and privileges identified as non-cash incentives. Inmates who are not in general population will be ineligible to participate in the non-cash incentive program within the context of this rule. A non-cash incentive program may be developed and implemented in select special housing assignments as recommended by the functional unit manager and approved by the Assistant Director for Operations or designee.

(b) All department facilities will share a single set of inmate eligibility criteria.

(c) The incentive levels and corresponding eligibility are shown in Appendix B. Functional unit managers may develop additional criteria to manage services and privileges specific to the institution within the framework of Appendix B (e.g., waiting lists).

(d) New or returning commitments to the department will be placed at incentive Level II if they have not had a major misconduct in the last 180 incarcerated days or program fail in the last 90 incarcerated days.

(e) If an inmate has segregation time to complete from a prior incarceration period with the department. Upon readmission, once segregation time is completed, the inmate will be placed at the proper incentive level as outlined in Appendix B.

(f) The time period necessary to attain eligibility to promote to a higher incentive level will not start until an inmate is released from special housing and after all disciplinary sanctions (segregation and loss of privileges) are satisfied.

(g) The time an inmate spends in the infirmary or mental health infirmary, for non-disciplinary reasons and while not serving any disciplinary sanctions, will not negatively impact their incentive level. Time spent in these units will count toward eligibility to promote to the next incentive level so long as these criteria are met.

(h) Inmates may earn promotion to higher incentive levels by compliance with prescribed programming and good institutional behavior.

(i) Alternatively, an inmate’s incentive level may be lowered as a consequence of noncompliance with prescribed programming or engaging in prohibited conduct.

(j) The functional unit manager or designee may adjust an inmate’s incentive level by two levels, up or down, as necessary to promote good institutional conduct and program compliance.

(k) An inmate’s incentive level will be lowered no more than one level as a result of a disciplinary sanction and program failure arising out of a single act of prohibited conduct except when the inmate receives a sanction of more than 21 days in segregation. When the sanction is greater than 21 days in segregation, the inmate will be placed at the lowest incentive level available at the facility. An inmate whose incentive level has been reduced one level as a result of a disciplinary sanction will be considered as meeting all the eligibility criteria of the reduced incentive level.

(l) An inmate’s incentive level will be adjusted once the inmate is found in violation of a major misconduct or a program failure is upheld.

(m) The functional unit manager or designee may waive the non-cash incentive system for a specific event(s) to allow all general population inmates to participate.

(3) Transfers:   

(a) Inmates will retain the incentive level they have earned and any time accrued towards promotion to the next incentive level upon transfer to another facility.

(b) Inmates transferred to another facility will retain incentive property and commissary spending limit privileges earned prior to the transfer. Access to institution-specific services and privileges available at the receiving facility may be subject to waiting periods established by the functional unit manager or designee.

(4) Property:

(a) Inmates will retain property purchased (e.g.., television, CD player, CDs) prior to the adoption of this rule subject to limitations on use established by the functional unit manager or designee.

(b) Property items offered as part of the non-cash incentive program (incentive property) will be offered department wide unless the property is part of a limited duration pilot project approved by the Assistant Director of Operations or designee.

(c) Once purchased, incentive property will be handled in accordance with the rule on Personal Property (Inmate) (OAR 291-117).

(d) When access to property is restricted by a disciplinary sanction (loss of privileges or assignment to special housing), incentive property will be stored at the direction of the functional unit manager/designee.

(e) Inmates will not be required to send incentive property home as a result of disciplinary infractions.

(f) The use of specific property, including but not limited to personal electronics, may be restricted until the proper incentive level is achieved. Select incentive property and the manner in which the property is restricted will be at the functional unit manger’s/designee’s discretion and may differ by institution. The property may be stored or disabled until the proper incentive level is achieved.

(g) Certain property sold prior to implementation of this rule will not transfer to the receiving facility; e.g., 13-inch television (box or CRT).

(5) The functional unit manager or designee will create a matrix of non-cash incentives detailing services and privileges available to inmates at each incentive level within the facility. The matrix will be updated and made available to inmates at least annually. Any restrictions or additional eligibility criteria for institution-specific services and privileges (e.g., waiting lists) will be included in the matrix.

(6) Miscellaneous:

(a) Any inmate, regardless of incentive level, may be placed on the Security Threat Management caseload.

(b) The use of some or all of an inmate’s incentive property and non-mandated services and privileges may be authorized or restricted by the functional unit manager or designee regardless of the inmate’s incentive level.

[ED. NOTE: Appendices referenced are not included in rule text. Click here for PDF copy of appendices.]

Stat. Auth.: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Hist.: DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01; DOC 15-2001, f. & cert. ef. 7-9-01; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03; DOC 1-2006, f. & cert. ef. 2-15-06; DOC 14-2013, f. 11-18-13, cert. ef. 12-1-13; DOC 2-2014, f. & cert. ef. 1-14-14

291-077-0040

Special Meritorious Awards

Inmates are eligible to be considered at the discretion of the department for special meritorious awards, as follows:

(1) Exceptional Acts or Behaviors: The functional unit manager may grant an inmate a special meritorious award for exceptionally positive acts or behaviors of significant benefit to the agency, staff, inmates, or the public, as follows:

(a) Acts of outstanding heroism;

(b) Satisfactory performance of an unusually difficult or hazardous assignment that requires personal responsibility related to public safety;

(c) Suggestions which result in substantial improvement of programs or definite economies of operation; or

(d) Other clearly exceptional or outstanding services which are consistent with the character of, but are not specified in, the above.

(2) Monthly Team Goals: The functional unit manager may grant inmates involved in a program assignment that emphasizes teamwork a special meritorious award to recognize their achievement in meeting team goals:

(a) The goals must be team-based, related to established job standards, and have measurable objectives that exceed the established job standards, as approved by the Assistant Director for Programs or designee.

(b) Established job standards, may include, but are not limited to, avoidance of injuries, meeting safety standards, efficient use of resources, maintaining equipment in operational status, team communication and sharing responsibilities.

Stat. Auth.: ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075
Hist.: CD 21-1996(Temp), f. & cert. ef. 12-3-96; CD 7-1997, f. 5-19-97, cert. ef. 6-1-97; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03

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