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

 

DIVISION 420

VISITORS TO OYA FACILITIES 

416-420-0000

Purpose

(1) These rules define the process by which persons may gain entrance to Oregon Youth Authority (OYA) facilities for the purpose of increasing individual knowledge about OYA services or interacting with an offender placed there.

(2) These rules apply to all offenders who are committed to the legal or physical custody of the OYA, and placed in OYA facilities.

(3) All offenders, except as specifically provided in these rules, are eligible for visits while confined in an OYA facility.

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 22-2005, f. & cert. ef. 9-19-05

416-420-0010

Facility Entrance

(1) OYA acknowledges the importance of partnerships with community members, knowing that the effectiveness of those partnerships is increased when community members understand the services offered by OYA. OYA recognizes the importance of interaction between offenders in its custody with family and members of the community. Such access allows offenders to maintain contact with their families and community, and contributes to effective planning for an offender's treatment needs.

(2) OYA will control access into and out of facilities that physically house offenders, in order to maintain the security, safety, sound order, and discipline within the facility.

(a) Approval to enter facilities is granted by the facility superintendent or camp director. This approval may be delegated according to OYA policy.

(b) Requests to enter a facility require advance notice, according to OYA policy and local operating protocol.

(c) All persons who enter OYA facilities will be supervised by staff. Individual contact with offenders is prohibited, unless specifically authorized by the facility superintendent or camp director.

(d) Persons must conform to all security and control procedures enforced at the facility. Failure to do so is grounds for refusal of entry or removal if entry has already been gained.

(A) Facility staff will notify persons of all relevant rules, policies, procedures, and protocols prior to entry into the facility.

(B) Persons may be asked to submit to a search of their person (may include use of visual inspection, metal detectors, or other electronic devices) or personal property.

(C) Persons may be subject to an electronic criminal records check.

(D) The facility will place limitations on the type of property that is allowed within the secure perimeter of the facility. Visitors will not possess or carry onto the grounds of any OYA facility explosive devices, firearms, ammunition, pocket knives, alcoholic beverages, narcotics, dangerous drugs, aerosol spray cans, or objects or material of any kind that might be used to compromise the safety and security of the facility. No cameras, tape recorders, or electronic devices are allowed without specific written authorization of the facility superintendent or camp director.

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 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11

416-420-0020

Tours

(1) Approval by the OYA is required for all facility tours in compliance with these rules and OYA policy and procedure. Typically, tours are granted to persons interested or involved in juvenile corrections, such as:

(a) Oregon state officials;

(b) Juvenile justice professionals from other agencies;

(c) Students older than age 18, as part of an educational program (exceptions for underage students may be approved by the facility Superintendent/Camp Director).

(2) All tours will be supervised by staff. Some parts of the facility may be off-limits, and individual contact with offenders is prohibited unless specifically authorized.

(3) As part of the approval process, the OYA requires that the names of persons who plan to participate in the tour be provided in advance. Persons must check-in at the designated reception area and present photo identification.

(a) Persons not prior authorized to participate in the tour will be denied access into the facility.

(b) Persons who are on parole/probation status in the community, former OYA offenders, or family members of offenders currently under OYA custody must be individually approved in writing by the facility Superintendent/Camp Director to participate in a facility tour.

(c) Persons who attempt to bring any contraband into a facility will be denied access into the facility.

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 22-2005, f. & cert. ef. 9-19-05

416-420-0030

Visits with Offenders

(1) Prior authorization by OYA is required for all persons who request to visit an offender, in compliance with these rules and OYA policy.

(2) Staff will consider all requests from individuals who request to visit an offender and allow or deny the visit on the basis of the interests of the security and order of the facility and what would best benefit the offender. When making a determination about whether to allow visitation, staff will consider:

(a) Facility security and order;

(b) The relationship that exists between the offender and the visitor;

(c) The offender's case plan;

(d) The goals for the visit;

(e) The offender's wishes;

(f) Orders of the court; and

(g) The recommendation of the Department of Corrections (DOC) (for offenders in the physical custody of OYA and legal custody of DOC).

(3) Visitation with offenders is limited to those persons who are integral to the offender's case plan. Those persons typically include:

(a) Family members, including but not limited to: parents, siblings, children of offenders, legal guardians, members of step families, surrogate parents, or grandparents;

(b) Attorney for the offender (subject to OAR chapter 416, division 150);

(c) Persons involved in treatment planning, including but not limited to mentors, transition resources, or placement options; and

(d) Other persons, as approved on a case-by-case basis.

(4) Any person may be denied visitation with an offender for the following reasons:

(a) The person does not have prior authorization to visit an offender;

(b) The person appears to be intoxicated, under the influence of a controlled substance, or otherwise behaving in an unlawful or inappropriate manner;

(c) The person has abused or may abuse an offender;

(d) The person has encouraged the offender to violate the law or disobey OYA rules, policies, procedures, or protocols;

(e) There is reasonable cause to believe the person intends to aid an offender in escaping;

(f) The person has violated OYA rules, policies, procedures, or protocols;

(g) The person has interfered with the good order, security, or operations of the facility and there is reasonable cause to believe the person will do so again;

(h) The time of the person's visit interferes with daily programming;

(i) The visit interferes with the offender's overall reformation;

(j) The committing court, DOC, or Community Corrections has ordered that the person not visit;

(k) The offender or the offender’s parent or legal guardian has requested that the person not visit;

(l) The person is a former OYA staff, volunteer, or contractor who engaged in an inappropriate relationship with an offender;

(m) The person is on supervision in the community by any supervising authority; or

(n) The person has an active warrant.

(5) If a request for visitation is denied, OYA will provide the requestor and the affected offender with a written statement of the determination. An offender may appeal the decision using the grievance process outlined in OAR chapter 416, division 20 and OYA policy. The requestor may appeal the decision in writing to the facility superintendent or camp director within 30 days of receiving the written statement of the determination.

(6) Persons who visit offenders are subject to the following standards:

(a) Visitors ages 13 and older must present valid photo identification;

(b) Visitors must arrange with facility staff prior to the scheduled visitation if they wish to bring personal items or gifts to the offender;

(c) Visitors less than the age of 18 must be accompanied by his/her parent or guardian;

(d) Visitors must comply with the visitation schedule for each facility, including the day, time, and length of visit allowed, and check-in at the designated reception area;

(e) The number of visitors will be limited if space, supervision, or security require it;

(f) Visitors will wear conventional clothing in a manner which is not unduly suggestive, in accordance with facility protocol, and which does not pose a threat to the safety, security, health, treatment, or good order of the facility. Clothing that is revealing, such as shorts higher than mid-thigh, low cut blouses, shoulder straps less than one inch wide or clothing that exposes the stomach, back, or other areas is prohibited. Clothing that displays or suggests the use of alcohol, drugs, or profanity is prohibited. Clothing, hairstyles, insignias, or other paraphernalia associated with street gangs is prohibited. Footwear must be worn;

(g) Visitors will not exchange any object or article with an offender;

(h) Visitors will control children and remove them from the visiting area if necessary to avoid disturbing other visitors;

(i) Minor children or animals will not be left unattended in cars or on institution property; and

(j) Neither a visitor nor an offender will be permitted to visit with a person who is not specifically authorized for the current visit.

(7) Requests from media representatives to visit an offender are subject to the provisions of OAR chapter 416, division 060.

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 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11

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