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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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OREGON YOUTH AUTHORITY

 

DIVISION 410

CLOSE CUSTODY POPULATION

416-410-0010

Definitions

(1) Administrative Review Board (ARB): The facility committee that reviews and is responsible for all major decisions concerning offenders who currently reside in facilities. The ARB recommends initial placement of offenders, length of stay, and transfers to other levels of custody, and initiates placements to parole, foster care, or to the community.

(2) Agency Case Review Committee: Conducts the executive level review of all specified offenders and their identified movements within and from OYA facilities including the return of offenders to the Department of Corrections. Upon review, an approval or denial will be documented in the Findings and Order. The Agency Case Review Committee will have at least two representatives from OYA's executive team comprised of at least two assistant directors.

(3) Cabinet: An executive group that provides oversight to agency operations. Membership includes the Director, Deputy Director, assistant directors, and other persons as requested by Cabinet.

(4) Discretionary Bed Allocation (DBA): A category of beds in youth correctional facilities reserved for offenders not in the PSR or in the legal custody of DOC. Each county will be allocated a percentage of the total number of DBA beds based on a formula agreed to jointly by the OYA and the Oregon Juvenile Department Directors' Association (OJDDA).

(5) Public Safety Reserve (PSR): A category of beds in youth correctional facilities that are reserved for the most serious offenders.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.014 & 420.011
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 14-2002, f. & cert. ef. 10-11-02; OYA 20-2005, f. & cert. ef. 9-19-05; OYA 3-2012, f. & cert. ef. 4-3-12

416-410-0020

Allocation of Close Custody Beds

(1) The Cabinet will determine the number of beds to be set aside for "Public Safety Reserve" (PSR) to ensure that close custody beds can be accessed for the most serious offenders.

(a) All offenders entering a youth correctional facility who have been committed to the custody of the OYA for the following offenses are eligible for a PSR bed:

(A) Murder, as defined by ORS 163.115;

(B) Attempt to commit murder, as defined by ORS 163.405;

(C) Aggravated murder, as defined by ORS 163.095;

(D) Manslaughter in the first degree, as defined by ORS 163.118;

(E) Rape in the first degree, as defined by ORS 163.375;

(F) Sodomy in the first degree, as defined by ORS 163.405;

(G) Unlawful sexual penetration in the first degree, as defined by ORS 163.411;

(H) Assault in the first degree, as defined by ORS 163.185;

(I) Robbery in the first degree, as defined by ORS 164.415;

(J) Arson in the first degree, as defined by ORS 164.325; or

(K) Kidnapping in the first degree, as defined by ORS 163.235.

(b) Upon conditional release from close custody, offenders will be removed from PSR eligibility, except those offenders who were committed for the following offenses.

(A) Rape in the first degree, as defined by ORS 163.375;

(B) Sodomy in the first degree, as defined by ORS 163.405; or

(C) Unlawful sexual penetration in the first degree, as defined by ORS 163.411.

(c) If an offender returns to close custody, the offender will occupy a county-allocated bed unless:

(A) The offender is returned to close custody for a new PSR offense; or

(B) The offender was originally committed for the following offenses:

(i) Rape in the first degree, as defined by ORS 163.375;

(ii) Sodomy in the first degree, as defined by ORS 163.405;

(iii) Unlawful sexual penetration in the first degree, as defined by ORS 163.411.

(2) The Cabinet and a representative from the OJDDA will monitor the use of the PSR and alter the eligibility of PSR, as necessary.

(3) The remaining close custody beds will be utilized for offenders who do not qualify for PSR beds.

(a) These beds are considered "discretionary" and counties are expected to limit their use to beds apportioned to their county.

(b) Each county will be allocated a percentage of the beds through the use of the agreed upon formula between the counties and approved by the OYA.

(c) Counties may join in regional plans to combine their close custody population limits and funding.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.014, 420.011
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 20-2005, f. & cert. ef. 9-19-05

416-410-0030

Diversion Contracts

(1) When the legislature appropriates funds to the OYA expressly for distribution to counties in support of programs to divert youth from close custody facilities, such funds will be allocated based on each county's percentage of the state population, 0-17 years of age.

(a) A county or region of counties that chooses to accept funds to divert youth from close custody facilities will agree in intergovernmental agreements with the OYA not to exceed its allocated funding.

(b) The intergovernmental agreement will be based on the county's or region's plan developed in accordance with statute and approved by the OYA. The plan will contain:

(A) The method for providing evaluation, including education, diagnostic, and placement services;

(B) A process for handling the disposition of parole violations;

(C) A plan for providing backup to community programs;

(D) The type of programs the county or region will use in order not to exceed its close custody allocation limit.

(2) The OYA will develop a plan so that the population limit will not be exceeded in those counties that choose not to accept diversion funds. The OYA plan will contain:

(a) The method for providing evaluation, including education, diagnostic, and placement services;

(b) A process for handling the disposition of parole violations;

(c) A plan for providing backup to community programs;

(d) The type of programs the county or region will use in order not to exceed its close custody allocation limit.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.017, 420.019
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-1999(Temp), f. & cert. ef. 3-15-99 thru 9-1-99; OYA 2-1999, f. & cert. ef. 9-1-99; OYA 20-2005, f. & cert. ef. 9-19-05

416-410-0050

Initial Placement

(1) New offenders will be oriented at the facility. During the first 30 days each offender will receive medical, dental, and psychological evaluations as needed, and educational testing and evaluation. All OYA offenders will be assessed for criminogenic areas of risk, protective factors, and resource need.

(2) After gathering information from the sending community, together with the reports and assessments generated within the facility, the ARB will assign offenders to a living unit, an OYA camp, or a placement in the community.

(3) The offender will be informed of his/her right to appeal the decision of the ARB.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011, 420A.010, 420A.125
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 20-2005, f. & cert. ef. 9-19-05

416-410-0060

Standards of Care and Treatment

(1) The OYA Director will determine maximum population levels for each close custody facility. The maximum population allowable will not exceed the design capacity for the facility.

(2) Within budget limitations, the OYA ascribes to the Performance-Based Standards (PbS) for Youth Correction and Detention Facilities.

(3) The OYA will identify the collective service needs of the offender population at least annually. Special programs will be provided to meet the needs of offenders with specific types of problems.

(4) Close-custody placement is limited to offenders who require secure custody, are found to be within the jurisdiction of the court, and are at least 12 years of age.

(5) There is a limit to the number of offenders who can be placed in the OYA close custody system on a given day. Subject to these limitations, the OYA establishes the following criteria for admission to close custody facilities.

(a) Display serious and persistent criminal behavior.

(b) Display a lack of responsiveness to the expectations of the court.

(c) Cannot be safely served by available community resources and in need of a close-custody placement.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 162.135, 162.185, 419C.478, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 20-2005, f. & cert. ef. 9-19-05

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