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DEPARTMENT OF CORRECTIONS

 

DIVISION 113

WORKFORCE DEVELOPMENT EDUCATION PROGRAMS

 

291-113-0005

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, 421.084, 423.020, 423.030, 423.075, and 423.085.

(2) Purpose: The purpose of this rule is to establish uniform entry requirements for all educational programs offered in Department of Corrections facilities, as well as a uniform procedure for the assignment of inmates to inter-institutional education programs in the department.

(3) Policy: It is the policy of the Department of Corrections, within the resources available, to provide educational programs which are responsive to the assessed needs of incarcerated individuals in its custody.

(a) Pursuant to ORS 179.750(2), there will be no discrimination in the provision of education facilities and services in state institutions, including those administered by the Department of Corrections, on the basis of age, race, religion, gender, marital status, national origin, or disability. Criteria for selection and assignment to these programs shall be equitable and nondiscriminatory for all participants based on the inmate's interest, academic need, aptitude, prior academic record, and career goals as identified and diagnosed at the time of admission to a Department of Corrections facility.

(b) Participation in educational programs is by mutual agreement between the inmate and the appropriate institutional staff, including but not limited to, admission and orientation, education and security. Re-assessment may also be conducted at the request of the inmate, educational staff personnel, or the inmate's counselor at any subsequent time.

Stat. Auth.: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Stats. Implemented: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Hist.: CD 10-1978(Temp), f. & ef. 5-5-78; CD 14-1978, f. & ef. 7-21-78; CD 4-1980; f. & ef. 3-28-80; CD 27-1981(Temp), f. & ef. 6-30-81; CD 56-1981, f. & ef. 12-10-81; CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86; CD 24-1986, f. & ef. 8-5-86; CD 9-1994, f. 3-18-94, cert. ef. 4-1-94; DOC 7-2003, f. & cert. ef. 4-2-03

291-113-0010

Definitions

(1) Adult Basic Education (ABE): A basic skills curriculum providing functional literacy foundations to inmates who do not possess a high school diploma or General Education Development (GED) certificate or do not function at a high school level. The ABE program emphasizes functional literacy skills with curriculum focused on family, work, and community. The ABE program also provides instruction in the processes involved in solving everyday problems and prepares inmates to meet the requirements of other educational programs. The ABE curriculum may also provide inmates with systematic preparation for the GED examination, administered according to guidelines set forth by the Oregon Department of Workforce Development and Community Colleges.

(2) Assessment: As applied in this rule, a test designed to measure the grade-level/scale score achievement of the person tested. Such instruments may include, but are not limited to, the BASIS (Basic Adult Skills Inventory System)/CASAS (Comprehensive Adult Student Assessment System) Test, or Test of Adult of Basic Education, or BEST (Basic English Skills Test).

(3) Collegiate Program: A post secondary course of studies offered through a local college or correspondence courses approved by institution/education staff and paid for by the inmate.

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

(5) English as a Second Language (ESL): A program which targets inmates who are non-English speakers with low or no English skills. The program focuses on improving English language skills (listening, speaking, reading, and writing).

(6) Functional Literacy: Those educational skills necessary to function independently in society, including but not limited to, reading, writing, comprehension, and arithmetic computation.

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

(8) Intra-Institutional Assignment: An assignment in which an inmate is assigned to an education program within the Department of Corrections facility in which he/she resides.

(9) Inter-Institutional Assignment: An assignment in which an inmate is regularly transported to and from the Department of Corrections facility in which he/she resides, for the purpose of participation in another Department of Corrections facility's educational program not available to the inmate at the facility in which he/she resides.

(10) Work-Based Education (WBE): These programs develop specific skills that can assist inmates in obtaining employment after release. Many of the programs may include both training and production components.

Stat Auth: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Stat Impl: ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085
Hist.: CD 10-1978(Temp), f. & ef. 5-5-78; CD 14-1978, f. & ef. 7-21-78; CD 4-1980, f. & ef. 3-28-80; CD 27-1981(Temp), f. & ef. 6-30-81; CD 56-1981, f. & ef. 12-10-81; CD 19-1983, f. & ef. 5-2-83; CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86; CD 24-1986, f. & ef. 8-5-86; CD 9-1994, f. 3-18-94, cert. ef. 4-1-94; DOC 7-2003, f. & cert. ef. 4-2-03; DOC 12-2004, f. & cert. ef. 10-21-04

Procedures

291-113-0015

Collegiate Program

(1) College programs are not provided by the department. Inmates choosing to pursue a post secondary college degree or certificate, either through enrollment in classes provided at the facility or by the local community college or through correspondence courses, must pay for the program themselves. Correspondence courses must be approved by the institution/education staff. Inmates must consult their counselor before making arrangements for correspondence courses.

(2) Inmates must follow the institution rules regarding package authorization. The education unit, depending on available resources, may assist with proctoring tests, callouts for viewing videos/listening to cassette tapes. Resources will differ from facility to facility.

Note: There are no grant funds (Pell Grants) nor general fund resources to pay for these programs. Pell grants were eliminated for state prisoners in 1994 with the passage of the Federal Crime Bill.

Stat. Auth.: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Stats. Implemented: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Hist.: CD 10-1978(Temp), f. & ef. 5-5-78; CD 14-1978, f. & ef. 7-21-78; CD 4-1980, f. & ef. 3-28-80; CD 27-1981(Temp), f. & ef. 6-30-81; CD 56-1981, f. & ef. 12-10-81; CD 19-1983, f. & ef. 5-2-83; CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86; CD 24-1986, f. & ef. 8-5-86; CD 9-1994, f. 3-18-94, cert. ef. 4-1-94; DOC 7-2003, f. & cert. ef. 4-2-03

291-113-0021

Work-Based Education (WBE) Training Programs

(1) Selection Criteria for Entry into WBE Training Programs:

(a) A high school diploma or GED; and

(b) CASAS scores of 242 in reading and 236 in math.

(c) Assignment as a new WBE student will normally be given to those candidates who are no more than three years or less than one year from his/her projected parole release date.

(2) Continuing Participation: An inmate's continuing participation in any WBE program in a Department of Corrections facility is contingent upon satisfactory, timely progress as evaluated by the instructor(s) and the Work Force Development (WFD) manager on an ongoing monthly basis.

Stat. Auth.: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Stats. Implemented: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Hist.: DOC 7-2003, f. & cert. ef. 4-2-03

291-113-0030

Logistical Considerations for All Inter-Institutional Programs

(1) An inmate who meets the required criteria and is interested in a program not available in his/her specific institution setting may request an inter-institution assignment.

(a) Step 1: The inmate shall send an Inmate Communication (kyte) to the local institution Work Force Development (WFD) manager.

(b) Step 2: The institution WFD manager will process this request to determine minimum educational eligibility. All requests will be processed in accordance with that facility's approved programming procedures. If the minimum criteria are not met, the inmate will be referred to the Work Force Development unit for appropriate skill improvement in the current facility. If the minimum criteria are met, the request will be forwarded to the inmate's counselor.

(c) Step 3: The counselor will look at additional factors and the inmate's incarceration plan in order to determine the appropriateness of transfer, then return the findings to the WFD manager of the sending facility. Upon receipt, the WFD manger will forward the request and findings to the WFD manger of the receiving facility.

(d) Step 4: When the WFD manager of the receiving facility receives the request, he/she will arrange for the inmate to be interviewed, if requested by the instructor, by the appropriate program personnel, utilizing the preferred format of both facilities.

(e) Step 5: After completion of the interview(s), the WFD manager will forward the interview comments to the functional unit manager or designee of the receiving facility.

(f) Step 6: The functional unit manager or designee of the receiving facility will approve or deny the request after following institution protocol and/or having appropriate conversations with institution personnel. Justification will be based upon the following criteria:

(A) Inmate safety;

(B) Inmate's record of conformity to established rules and regulations; and

(C) The appropriateness of the proposed course of study with respect to the inmate's Inmate Incarceration Transition Plan (IITP) program goals.

(D) The fact that the inmate has one or more co-defendants or enemies housed in the participating facility is not in itself sufficient cause to deny that inmate's request to participate, unless it can be demonstrated that such participation would place any of all of these co-defendants in personal danger or jeopardize security in the participating facility.

(g) Step 7: Once the request has been approved, the inmate's name will be placed on the appropriate waiting list. The WFD manager of the receiving facility will notify the inmate and WFD manager of the sending facility that a preliminary check determined whether the inmate was eligible for transfer and that security will make the final decision just prior to transfer.

(h) Step 8: Prior to actual acceptance into the program, the WFD unit of the receiving facility will have security complete the final security check. The WFD unit of the receiving facility will contact the inmate's counselor at the sending facility and let the counselor know the inmate is ready to transfer. The counselor from the sending facility will initiate the 1206 process with Classification and Transfer. It is the responsibility of the sending facility to maintain communication with the receiving facility in order to facilitate the move.

(i) If for some reason the inmate is unable to complete his/her program, the inmate may be returned to the sending facility.

(j) Qualifications for Work-Based Education Training Programs: All work-based education training programs have requirements that inmates must meet in order to qualify for entry into the program.

(A) Standard Minimum Qualifications:

(i) Verified high school diploma or GED;

(ii) CASAS Scores: 242 reading, 236 math; and

(iii) Normally one to three years (36 or less months remaining on sentence).

(B) Programs with Additional Requirements:

(i) CAD/CAM (SRCI): ASSET college placement test with a math level of 60 or higher.

(ii) Call Center (SRCI): CASAS reading score 245 and must be able to type 30 wpm.

(iii) Construction Technology (SRCI): ASSET college placement test and 36 months remaining on sentence.

(iv) Inmate Legal Assistant (SRCI): Must pass the ASSET college placement test and 36 months remaining on sentence.

(k) Inmates who test below the minimum requirements will be given the opportunity to take education courses for basic skills upgrade in the subject and may retest to meet qualifications.

(l) In order to guarantee equal opportunity to all inmates, affirmative action may be taken to overcome the effects of conditions which resulted in limited participation therein by persons of a particular gender in accordance with existing state and federal statute, Title IX, paragraphs 86.3(B).

(m) In cases of conflicting recommendations between functional unit managers, the matter may be referred by either party to the administrator of the WFD unit for final resolution.

(2) Transportation and Arrival/Departure:

(a) Transportation will be arranged by staff from the sending facility and provided by the Transport unit.

(b) Arrival and departure times, parking arrangements, the entry and exit points to and from the participating facility, and related details will be articulated in advance and agreed upon by the functional unit manager involved.

(c) Participants will be transported to the designated instructional area by Transport staff.

(3) Supervision: Supervision of participants in inter-institutional programs will be provided by the receiving facility.

(4) Meals: Where and when meals shall be eaten will be designated in advance and approved by the functional unit managers involved.

(5) Restrooms: Participants in inter-institutional programs shall use designated restroom(s) in the area(s) assigned.

(6) Medical Services:

(a) In the event of illness or injury involving non-resident participants in an inter-institutional program, emergency attendance and first aid will be provided by the receiving facility.

(b) Immediate return to the sending facility or a local hospital shall occur if treatment in addition to emergency first aid is needed.

(7) Disciplinary Matters:

(a) In the event of any disciplinary problems involving non-resident participants, the resident will be returned to the facility in which he/she resides immediately, when indicated.

(b) Disciplinary problems and behavioral adjustments will be the responsibility of the staff and administration of the facility in which the inmate resides.

(c) An inmate may be removed from any Department of Corrections inter-institutional educational program if disciplinary action in the facility in which he/she resides results in a situation where that person is unable to participate in the program for more than two weeks.

(d) Disciplinary reports on participants in inter-institutional education programs issued at the receiving facility may also result in removal from the program. Such action will be undertaken in accordance with the Department of Corrections rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(8) Emergency Moves:

(a) In the event of an emergency move due to medical or disciplinary reasons, the correctional officer from the sending facility will supervise the emergency move with the assistance of a staff member/driver from the receiving facility.

(b) The sending facility will dispatch additional staff immediately to relieve staff at the receiving facility of the responsibility for interim supervision of other inter-institutional program participants.

(9) Personal Attire:

(a) Inmates participating in any educational program will be required to follow the guidelines of the receiving facility procedure on inmate dress.

(b) Protective clothing for WBE participants will be provided by the receiving facility, but such work clothing as may be required by the nature of the trade area involved will be provided by the facility in which the inmate resides.

Stat. Auth.: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Stats. Implemented: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Hist.: CD 10-1978(Temp), f. & ef. 5-5-78; CD 14-1978, f. & ef. 7-21-78; CD 4-1980, f. & ef. 3-28-80; CD 27-1981(Temp), f. & ef. 6-30-81; CD 56-1981, f. & ef. 12-10-81; CD 19-1983, f. & ef. 5-2-83; CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86; CD 24-1986, f. & ef. 8-5-86; CD 9-1994, f. 3-18-94, cert. ef. 4-1-94; DOC 7-2003, f. & cert. ef. 4-2-03

291-113-0035

Adult Basic Education (ABE) Intra-Institutional Programs

(1) ABE Program Participation:

(a) ABE program participation will be based on inmate need as outlined in the inmate's Inmate Incarceration Transition Plan (IITP). In accordance with ORS 421.084, the functional literacy program is mandatory for inmates scoring below 230 on the BASIS tests. The program will consist of the equivalent of 90 days of instruction at 1 1/2 hours per day, five days per week or 135 hours. Successful completion of the mandatory program will result in receipt of a portion of the 20% time cut for program completion for inmates who qualify in accordance with the Department of Corrections rule on Prison Term Modification (OAR 291-097). Those exempted from the mandatory program include:

(A) Inmates sentenced to less than one year;

(B) Inmates sentenced to life without parole;

(C) Inmates sentenced to death; and

(D) Inmates developmentally disabled.

(b) The ABE program is available to inmates on request. Need will be assessed by means of a recognized assessment to determine the functional literacy level/scale score achievements of the inmate for use in correct placement of the individual in the ABE program. Those unable to test will be given further assessment at the facility in which they reside and will be recommended for appropriate programming.

(c) Placement of an inmate in the ABE curriculum will reflect each individual's IITP.

(d) Staff will regularly assess inmate progress toward identified outcomes.

Stat. Auth.: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Stats. Implemented: ORS 179.040, ORS 421.084, ORS 423.020, ORS 423.030, ORS 423.075, ORS 423.085
Hist.: CD 10-1978(Temp), f. & ef. 5-5-78; CD 14-1978, f. & ef. 7-21-78; CD 4-1980, f. & ef. 3-28-80; CD 27-1981(Temp), f. & ef. 6-30-81; CD 56-1981, f. & ef. 12-10-81; CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86; CD 24-1986, f. & ef. 8-5-86; CD 9-1994, f. 3-18-94, cert. ef. 4-1-94; DOC 7-2003, f. & cert. ef. 4-2-03

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