Loading
The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON YOUTH AUTHORITY

 

DIVISION 470

PROHIBITED OFFENDER BEHAVIORS AND PROCESSING BEHAVIOR VIOLATIONS

416-470-0000

Policy

(1) Offender responsibilities while in an Oregon Youth Authority (OYA) facility include completion of school, treatment, and work program goals; compliance with the facility behavior rules; and achievement of other program goals set in each offender’s individual case plan.

(2) OYA has an offender behavior management system to promote responsible offender behavior. The behavior management system must provide incentives and reinforcement for responsible behavior and consistent Refocus Options for negative behavior.

(3) The rules in OAR chapter 416, division 470 apply to all OYA close custody facilities.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10

416-470-0010

Definitions

(1) Isolation: Confinement of an offender alone in a locked room because of the offender’s behavior or conduct.

(2) Major Behavior Violation: Offender behavior that is prohibited and unacceptable within the facility or program and is immediately threatening to life, health, or facility safety, security or good order.

(3) Minor Behavior Violation: Offender behavior that is prohibited and unacceptable within the facility or program but is not immediately threatening to life, health, or facility safety, security or good order.

(4) Refocus Option: An authorized response to, or sanction imposed for, an offender’s inappropriate behavior.

(5) Special Program Placement: Placement of an offender on a special program for the offender’s safety or the safety of others to regulate the offender’s routine activities (e.g. meals, recreation, school, treatment and other programs) and help the offender regain adequate behavior control.

(6) Special Management Unit: A living unit with special procedures different from the facility’s general population units where offenders are placed to assure they receive specialized treatment, increased or more intensive levels of supervision, are managed by staff with specialized training, and are protected from harm.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10

416-470-0020

Prohibited Behaviors and Refocus Options

(1) Prohibited Offender Behaviors and appropriate Refocus Options are listed on an Offender Behavior Refocus Option Matrix (Exhibit 1). The Refocus Options imposed must reflect the severity of the prohibited behavior.

(a) Levels Zero, One, and Two Offender Prohibited Behaviors listed on the Offender Behavior Refocus Option Matrix are major behavior violations.

(b) Level Three Offender Prohibited Behaviors listed on the Offender Behavior Refocus Option Matrix are minor behavior violations.

(2) Aiding another offender to commit, attempting to commit, or making plans to commit any prohibited offender behavior is considered the same as engaging in the behavior itself for purposes of imposing Refocus Options.

(3) Any deviation from the Refocus Options for major behavior violations listed on the Offender Behavior Refocus Option Matrix must be reasonable, authorized by the superintendent, camp director, or designee, and documented in writing.

(4) The Offender Behavior Refocus Option Matrix must be given to each offender upon initial admission into a facility. When a literacy or language barrier prevents an offender from understanding the written document, a staff member or interpreter will assist the offender in understanding.

(5) A current Offender Behavior Refocus Option Matrix must be posted in each OYA facility living unit.

[ED. NOTE: Exhibits referenced are not included in rule text. Click here for PDF copy of exhibit(s).]

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10

416-470-0030

Behavior Violation Incident Reports

(1) Staff must prepare an incident report when they have reasonable belief that an offender has committed a Major Behavior Violation.

(2) Staff may resolve Minor Behavior Violations informally without preparing an incident report.

(3) Incident reports prepared by staff must include, but are not limited to, the following information:

(a) The specific prohibited behavior committed;

(b) Any unusual offender behavior;

(c) Any witnesses;

(d) Any physical evidence and its disposition;

(e) Any immediate action taken, including the use of physical intervention;

(f) Any injury to an offender or staff; and

(g) The reporting staff’s name, date, and time of the report.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10

416-470-0040

Behavior Violation Incident Review

A review must occur after an incident report is written alleging that an offender has committed a Major Behavior Violation.

(1) The superintendent, camp director, or designee must review a behavior violation incident report within 24 hours, excluding weekends and holidays, of the time the violation report is written. The review must be completed without unreasonable delay unless there are exceptional circumstances for delaying the review.

(2) The reviewer must be a staff member who was not involved in the incident.

(3) The reviewer may investigate or cause an investigation of the related incident if, in the reviewer’s opinion, the Refocus Option appears excessive or inappropriate, or to clarify reported facts.

(4) Administrative notifications of the related incident must be made according to OYA policy and procedure.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10

416-470-0050

Offender Notification and Hearing Process

(1) In addition to OAR 416-470-0020(4), staff must notify each offender in writing promptly after the offender’s initial arrival at an OYA facility of the following:

(a) The offender’s rights and responsibilities;

(b) The process to access the OYA complaint hotline; and

(c) Locations of offender grievance and communication forms.

(2) When an offender is placed in Isolation for more than 24 consecutive hours, the offender must be granted the option of an Isolation hearing by the superintendent, camp director, or designee. The Isolation hearing must be held within 24 hours after the offender’s initial placement in Isolation.

(3) To ensure objectivity, the Isolation hearing must be conducted by a staff member who was not directly involved in the incident that resulted in the offender’s placement in Isolation.

(4) Isolation hearings must afford offenders the following:

(a) A written notice of the reason(s) for placement in Isolation;

(b) A staff representative as determined by the superintendent, camp director, or designee, to assist the offender in the hearing process;

(c) The right to be present at their hearing unless the offender waives that right in writing or the offender’s presence at the hearing will unduly jeopardize facility safety;

(d) The right to make a statement, present documentary evidence and call witnesses on the offender’s behalf unless doing so will unduly jeopardize facility safety; and

(e) A written statement as to the evidence relied upon and the reasons for the decision.

(5) An offender may appeal any Refocus Option imposed on the offender, incident report, or Isolation hearing decision through the Offender Grievance Process described in OAR 416, division 20.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.105 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2010, f. 2-12-10, cert. ef. 2-19-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​