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DEPARTMENT OF CORRECTIONS

 

DIVISION 149

WORK RELEASE PROGRAMS

291-149-0100

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 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075, OR Const.,Article I, Section 42, and 1997 OR Laws, Chapters 313, 851 & 852.

(2) Purpose: To establish Department of Corrections policy and procedures relating to the establishment, operation and administration of Department of Corrections work release programs.

(3) Policy:

(a) It is the policy of the Department of Corrections to establish and administer work release programs in which inmates are released from confinement in a Department of Corrections facility or are authorized to leave other assigned quarters for the purpose of:

(A) Participating in an inmate work program approved by the Director of the Department of Corrections, including work with public or private agencies or persons, with or without compensation;

(B) Obtaining in this state additional education, including but not limited to vocational, technical and general education;

(C) Participating in alcohol or drug treatment programs;

(D) Participating in mental health programs;

(E) Participating in specific treatment programs designed to develop independent living skills.

(b) No inmate will be assigned to participate in work release activities outside the state of Oregon.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 &1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0110

Definitions

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

(2) Program Staff: Any Department of Corrections employee, contractor (and contractor's employees/staff), or volunteer who works with inmates in a Department approved program which includes work release.

(3) Work Release: A component of a Department of Corrections treatment or workforce development program in which inmates are released from confinement in a Department of Corrections facility or are authorized to leave other assigned quarters to work, attend school or participate in other educational offerings, and/or participate in specific treatment programs, in a community setting. A work release program may include inmates assigned to work under the supervision of public or private agencies or persons pursuant to written agreement with the Department of Corrections.

(4) Work Release Approval Authority: The superintendent or other functional unit manager in each Department of Corrections facility designated by the Director to approve and assign inmates to work release programs administered from the facility.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

Procedures

291-149-0120

Work Release Program Approval

(1) The Assistant Director for Corrections Programs will recommend for approval to the Director those Department programs which shall be designated to include work release as a program component.

(2) In making his/her recommendation, the Assistant Director for Corrections Programs will review work release proposals submitted by program administrators. Each proposal shall contain:

(a) The purpose and goals of the program which are consistent with inmate participation in transitional work release assignments;

(b) The specific activities permitted under this rule which will be part of that program's work release component;

(c) An outline of the general program requirements and time frames prerequisite to an inmate being considered for specific work release activities;

(d) A plan for program staff deployment adequate to supervise specific work release program activities;

(e) A description of training for program staff, appropriate to manage inmates assigned to work release;

(f) A description of facility resources adequate to maintain a work release program consistent with the facility's mission.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0130

Inmate Eligibility, Screening and Assignment

(1) Any eligible inmate may be considered by program staff and the work release approval authority for assignment to a Department of Corrections' work release program.

(2) Program staff, in their discretion, may initiate the review of an inmate's eligibility and suitability for assignment to a Department of Corrections work release program, utilizing the criteria set forth in these rules. Based on their review, program staff will forward inmate assignment recommendations to the work release approval authority for decision.

(3) The work release approval authority, in his/her sole discretion, may assign an inmate to a work release program. The work release approval authority may specify conditions for the inmate's assignment and participation in the work release program.

(4) Eligibility Criteria:

(a) To be considered for assignment and participation in a Department of Corrections work release program, an inmate must:

(A) Be enrolled and successfully participating in an approved Department of Corrections treatment or workforce development program for a minimum of 20 hours per week; and

(B) Be classified as minimum custody under the Department's rule on Classification (Inmate), OAR 291-104.

(b) An inmate will not be considered for assignment and participation in a Department of Corrections work release program if the inmate:

(A) Is ineligible to participate in a Department of Corrections work release program under one or more provisions of law, including, but not limited to, the following:

(i) ORS 137.635 (Ballot Measure 4);

(ii) ORS 137.700 or ORS 137.707 (Ballot Measure 11), or after April 1, 1995, commits and is convicted of Manslaughter II (ORS 163.125), Assault I (ORS 163.185), Assault II (ORS 163.175), Kidnapping II (ORS 163.225), or Robbery II (ORS 164.405);

(iii) On or after October 4, 1997, commits and is convicted of Using a Child in a Display of Sexually Explicit Conduct (ORS 163.670) or Compelling Prostitution (ORS 167.017);

(iv) On or after April 1, 1995, commits and is convicted of Assault II as defined in ORS 163.175(1)(b) (Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon), Kidnapping II (ORS 163.225), or Robbery II (ORS 164.405), unless the sentencing court, notwithstanding ORS 137.700 and 137.707, has imposed a lesser sentence pursuant to 1997 OR Laws, Chapter 852;

(v) ORS 161.610 (Gun Minimum) (until minimum term, less any reduction in the incarceration term granted under ORS 421.120 or 421.121 has been served);

(vi) ORS 163.105 (Aggravated Murder); or

(vii) ORS 163.115 (Murder) (until minimum term, less any reduction in the incarceration term granted under ORS 421.120 or 421.121 has been served).

(viii) No inmate who is convicted of a crime committed on or after December 5, 1996, may be considered for participation in a Department of Corrections work release program except upon order of the sentencing court appearing in the judgment (OR Const, Article I, Section 42 (Ballot Measure 40), and 1997 OR Laws, Chapter 313).

(B) Has pending felony charges, or unserved consecutive sentences requiring more than 60 days additional incarceration.

(C) Has a history of escape from a correctional facility in which force or violence was used, or a history of escape without the use of force or violence within the past three years. "Escape" includes an unauthorized absence or walking away from a work crew or work release assignment.

(D) Has a current Immigration and Naturalization Service (INS) detainer;

(E) Has any other legal impediment(s) that in the judgment of the Work release approval authority would prohibit or otherwise interfere with the inmate's successful participation in a Department of Corrections work release program or specific work release activities.

(c) An inmate who receives more than a six-day segregation sanction as a result of misconduct will not be eligible for work release assignment until 90 days after the date of the misconduct;

(d) Additional Screening Criteria: In addition to the eligibility criteria set forth in OAR 291-149-0130(4)(a) through (c) above, designated program staff and the Work release approval authority may consider additional screening criteria in determining whether to recommend and/or approve an inmate for assignment to a Department of Corrections work release program, specifically including, but not limited to, the following:

(A) Whether the inmate's physical and mental condition are suitable to obtain and maintain work in the community, participate in education programs, and/or participate in treatment programs, as authorized by the Department;

(B) Whether the inmate has achieved satisfactory compliance with goals and guidelines established by the treatment or workforce development program in which the inmate is considered for work release assignment;

(C) The recommendation of the sentencing court, where applicable, pursuant to ORS 421.170;

(D) Whether the inmate's criminal history includes crimes which resulted in serious injury or death to victims, or involved acts of force or random violence, the circumstances of which may indicate that the inmate may not be suitable for assignment to specific work release activities;

(E) Whether the inmate's criminal history includes crimes which may be cause for significant community concern, the circumstances of which may indicate that the inmate may not be suitable for assignment to specific work release activities;

(F) Whether the inmate performed satisfactorily while assigned to institution work programs and/or outside work crews;

(G) Whether the inmate's disciplinary history includes any pattern of conduct, the circumstances of which may indicate that the inmate may not be suitable for assignment to specific work release activities;

(H) For inmates classified minimum custody due to an override pursuant to the Department's rule on Classification (Inmate), OAR 291-104, whether any concern exists which may indicate that the inmate may not be suitable for assignment to specific work release activities.

(5) Notwithstanding OAR 291-149-0130(4)(a) through (c) above, the work release approval authority may waive any eligibility criteria specified therein unless the inmate is ineligible to participate in a Department of Corrections work release program under one or more provisions of law.

(6) Inmates approved for assignment and participation in a Department-approved work release program will be notified in writing of the approval, and of any conditions of participation specified by the work release approval authority.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0140

Release Notification

Pursuant to ORS 144.260, the work release approval authority shall ensure that the proper authorities and persons are notified of an inmate's impending release to participate in work release activities.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0150

Inmate Status

(1) Inmates participating in a Department-approved work release program shall comply with all Department of Corrections administrative rules, and with any special conditions of participation or standards of conduct established by the work release approval authority, program staff and/or housing facility.

(2) Inmates participating in a Department of Corrections work release program retain their legal status as an inmate and are subject to all laws and Department of Corrections administrative rules pertaining to inmates, including, but not limited to, the Department's rule on Prohibited Inmate Conduct and Processing Disciplinary Actions, OAR 291-105.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0160

Performance Awards

Inmates participating in a Department of Corrections work release program, except those inmates who are provided compensation by the Department for their participation in an inmate work program, may be considered at the discretion of the Department for a monthly performance award in accordance with the Department of Corrections rule on Performance Recognition and Award System (Inmate), OAR 291-077.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0170

Compensation for Inmates Engaged in Federally-Certified PS/PIE Work Programs

Inmates participating in a Private Sector/Prison Industries Enhancement Program (PS/PIE) work project as part of a Department-approved work release program shall be paid compensation as determined and established by the Director in accordance with the Department of Corrections rule on Private Sector/Prison Industries Enhancement Program, OAR 291-081.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0180

Program Participation

(1) An inmate participating in a Department of Corrections work release program may be released from confinement in a Department of Corrections facility or authorized to leave other assigned quarters to:

(a) Search for authorized work in the community;

(b) Participate in authorized work in the community;

(c) Participate in a Department-approved educational or vocational program; and

(d) Participate in a Department-approved treatment program, including programs for alcohol or drug treatment, mental health treatment, and for treatment to develop independent living skills.

(2) Escort/Transport:

(a) The work release authority may require that inmates participating in a Department of Corrections work release program be escorted to and from specific activities by program staff. The mode of transportation must be approved in advance by the work release approval authority;

(b) Program staff may escort an inmate into the community for the following purposes:

(A) Attend Alcoholics Anonymous, Narcotics Anonymous, Cocaine Anonymous or other self-help group meetings;

(B) Appointments with community-based alcohol or drug treatment providers;

(C) Meet with community corrections staff prior to release, when appropriate;

(D) Interviews or meetings to secure transitional housing;

(E) Participate in mental health programs;

(F) Participate in independent living skills programs;

(G) Participate in vocational or job readiness programs;

(H) Trips to obtain clothing, tools, credentials or other items required for authorized work or other approved work release program activities;

(I) Trips to submit job applications, or interview for jobs;

(J) Trips to the state employment office, union hiring halls, or other recognized employment assistance programs; and

(K) Trips to undergo a required physical exam or other job-related testing.

(c) Except as otherwise directed by the work release approval authority or program staff, an inmate assigned to participate in a Department of Corrections work release program may be authorized to leave his/her place of confinement/assigned quarters without escort if:

(A) The inmate has secured authorized work in the community approved by the Department or has enrolled in an education or treatment program approved by the Department; and

(B) Program staff have verified all aspects of the work release assignment, including, where applicable, the Department/employer written agreement, schedule for departure to and return from work release assignment, and transportation.

(3) An inmate authorized to participate in a Department-approved work release program will be required to pay additional costs associated with that program, including clothes, tools, transportation or other costs necessary to secure and maintain placement in that work release assignment.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0190

Program Staff Responsibilities

(1) Program staff, in their discretion, may initiate review of an inmate's eligibility and suitability for assignment to a Department of Corrections work release program, utilizing the mandatory and additional screening criteria set forth in these rules. Based on their review, program staff will forward assignment recommendations to the work release approval authority for decision.

(2) Program staff will assist inmates in locating authorized work in the community, education or treatment as appropriate to their situation/need.

(3) Assignment to specific work release activities will be subject to individual case management decisions made by program staff and must be approved in writing by the work release approval authority.

(4) Program staff will contact the public or private agency or person with whom the inmate has secured authorized work in the community, and complete the required Department/employer written agreement. Program staff will verify the work assignment, rate of pay, hours of work and ensure that they are in conformance with Department of Corrections administrative rules. Program staff will also ensure that the work is of a type that is suitable for the inmate and his/her success in the program.

(5) Program staff will verify each inmates' attendance and compliance with their work release program assignment on a daily basis.

(6) Program staff will develop and establish a schedule for each participating inmate that details the dates and times when the inmate is authorized to be absent from the Department of Corrections facility or other assigned quarters in order to participate in the inmate's approved work release assignment in the community. In establishing the schedule, program staff will allow sufficient time for the inmate's transportation to and from the place of his/her work release assignment in the community. However, no additional activities or stops will be authorized without the prior approval of the work release approval authority.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0200

Program Suspension/Termination

(1) The work release approval authority, program staff, or other Department of Corrections staff may, in their sole discretion, cause an inmate to be temporarily removed from his/her work release assignment and returned to secure custody, at any time.

(2) An inmate's work release assignment will be immediately suspended whenever the work release approval authority, program staff, or other Department of Corrections staff believe that:

(a) The inmate has violated any law, Department of Corrections administrative rule, or any specific condition of program participation prescribed by the Department applicable to the inmate;

(b) The inmate's continued participation in the work release program poses an imminent threat to staff, other inmates, or to the general public; or

(c) The inmate's continued participation in the work release program is otherwise not in the best interest of the inmate or of the community.

(3) Unauthorized Absences:

(a) An inmate participating in a Department of Corrections work release program who is determined to be absent without written permission from authorized work in the community, education or treatment, or a designated housing facility, will be immediately suspended from the work release program; and

(b) An unauthorized absence constitutes an escape from a correctional facility under ORS 162.135(5), and shall be reported as an escape in accordance with the Department's procedure on All Points Bulletins (APBs) and Arrest Warrants (Issuance of).

(4) Termination: Upon suspension of an inmate from a Department of Corrections work release program, the manager of the work release program will review the circumstances surrounding the inmate's suspension. After reviewing the matter, the program manager may either terminate or reinstate the inmate to a work release program assignment, as the program manager deems appropriate under the circumstances. Affected inmates will be notified in writing of the program manager's decision. If the decision is made to terminate the inmate from the work release program, the notice of termination will contain a statement of the reason(s) for the program manager's decision.

(5) Administrative Review:

(a) An inmate who is terminated from a Department of Corrections work release program may obtain review of his/her termination by writing to the work release approval authority and requesting administrative review of the program manager's decision. The request for administrative review should contain a statement by the inmate specifying the reason(s) supporting the inmate's request for reinstatement to the Department's work release program, together with any supporting documentation;

(b) In order to obtain review, the request for administrative review must be received by the work release approval authority no later than five calendar days following the date of issuance of the written notice of the program manager's decision. Upon receiving a timely request for administrative review, the work release approval authority will independently review the circumstances leading to the program manager's decision. The work release approval authority may either affirm the program manager's decision, or reinstate the inmate to the work release program. The work release approval authority's decision on administrative review shall be final.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0210

Security Precautions for Work Release Program Staff

Program staff acting as escorts for inmates going to or returning from work release activities in the community will:

(1) Have received Department of Corrections training on basic security practices;

(2) Be familiar with the Department of Corrections procedure on Escorting of Inmates; and

(3) Carry an institution cell phone or radio.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

291-149-0220

Written Agreements with Public and Private Agencies/Persons

No inmate will be assigned to work in the community without a written agreement between the Department of Corrections and the public or private agency or person with whom the inmate has secured authorized work. The agreement will set forth the nature and scope of the work to be performed by the inmate, and any terms or conditions of the inmate's assignment and participation required by the Department. Any agreement will specifically set forth the payment which the Department will receive for the inmate's labor and/or services, and for the costs of staff supervision (as applicable). Any agreement will also contain a provision requiring the public or private agency or person with whom the inmate has secured authorized work to furnish to the Department a regular accounting of the inmate's work performance, behavior, and location.

Stat. Auth.: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Stats. Implemented: ORS 144.260, ORS 144.410 - ORS 144.525, ORS 179.040, ORS 421.440, ORS 423.020, ORS 423.030, ORS 423.075 & 1997 OL, Ch. 313, 851 & 852
Hist.: DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98

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