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Oregon Bulletin

August 1, 2012

Department of Corrections, Chapter 291

Rule Caption: Evidence-Based Programs in Community Corrections.

Adm. Order No.: DOC 7-2012

Filed with Sec. of State: 6-19-2012

Certified to be Effective: 6-19-12

Notice Publication Date: 1-1-2012

Rules Adopted: 291-031-0300, 291-031-0310, 291-031-0320, 291-031-0330, 291-031-0340, 291-031-0350, 291-031-0360

Subject: These rules establish a process for the department to determine if community-based programs, which the agency expends state funds, meet the principles of evidence-based programs.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-031-0300

Purpose, Policy, and Applicability

(1) Purpose: These rules establish a process by which the Department of Corrections determines if community-based programs, on which the agency expends state funds, meet the principles of evidence-based practices.

(2) Policy: It is the policy of the Department of Corrections that state funds received for community-based programs are expended on programs that incorporate significant and relevant practices based on scientifically based research and are cost effective.

(3) Applicability: These rules apply to community based treatment or intervention programs or services that receive state funds and are intended to reduce the likelihood that an individual will commit a crime.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12

291-031-0310

Definitions for OAR 291-031-0300 through 291-031-0360

(1) Cost Effective: Cost savings realized over a reasonable period of time are greater than costs.

(2) Evidence-Based Program: A program that incorporates significant and relevant practices based on scientifically based research and is cost effective.

(3) Program: A community-based treatment or intervention program or service that is intended to reduce the likelihood that an individual will commit a crime.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12

291-031-0320

Program Evaluation

(1) The Department of Corrections shall identify and implement the use of a recognized and validated tool to evaluate programs to measure their fidelity to the principles of evidence-based practices.

(2) Programs that receive less than $5,000 in state funds in a biennium, pursuant to the Community Corrections Act (ORS 423.020), shall not be subject to program evaluation as described in this rule.

(3) After a program has been evaluated using the tool described in subsection (1) of this rule, and it has been determined that the program incorporates significant and relevant practices based on scientifically based research and is cost effective, the program shall be re-evaluated at a minimum of every five years or as circumstances dictate.

(4) After a program has been evaluated using the tool described in subsection (1) of this rule, and it has been determined that the program does not incorporate significant and relevant practices based on scientifically based research and is not cost effective, the program shall be re-evaluated at a minimum of every 18-months until such time the program meets these criteria or state funds are no longer received by the program.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12

291-031-0330

Program Non-Compliance

(1) Following an initial evaluation of a program as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director.

(2) The report shall include a set of recommendations to assist the program in the process of successfully incorporating the principles of evidence-based practices into their service delivery.

(3) The Department of Corrections shall meet with the local community corrections director or designee and the program executive director or designee to review the recommendations and offer technical assistance in implementation of the recommendations.

(4) The Department of Corrections shall conduct a subsequent program evaluation within the next 18 months.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12

291-031-0340

Continued Program Non-Compliance

(1) Following a second evaluation of a program in which the program was evaluated with results as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director.

(2) The report shall include an assessment of progress or lack of progress in incorporating the principles of evidence-based practices as recommended in the initial evaluation report.

(3) The report shall also include a set of recommendations to assist the program in the process of successfully incorporating the principles of evidence-based practices into their service delivery.

(4) The Department of Corrections shall meet with the local community corrections director or designee and the program executive director or designee to discuss the level of progress or lack of progress in incorporating the principles of evidence-based practices as recommended in the initial evaluation report and indentify any barriers that may exist.

(5) A formal written action plan shall be prepared by the local community corrections director or designee within 90 days of the receipt of the final report as described in subsection (1) of this rule, which incorporates the report’s recommendations; specific steps to incorporate the recommendations; and specific timeframes for implementation.

(6) The Department of Corrections shall conduct a subsequent program evaluation within the next 18 months.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12

291-031-0350

Termination of Funding

(1) Following a third evaluation of a program in which the program was evaluated with results as described in OAR 291-031-0320(4), the Department of Corrections shall provide a detailed report of their findings to the local community corrections director and to the program’s executive director.

(2) State funds shall not be allocated to a program that has been evaluated as unsatisfactory as described in OAR 291-031-0320(4) in three consecutive evaluations.

(3) Upon receipt of the final report, the local community corrections director shall advise the program’s executive director that state funds will no longer be allocated to the program to provide services. The local community corrections director shall take the necessary steps to terminate the service contract, if any, with the program; or alternately, the local community corrections director may choose to fund the program with local resources.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12

291-031-0360

Appeal Process

(1) A county may appeal the termination of funding as described in OAR 291-031-0350 by submitting reasons for which they believe the termination of funding is not warranted, based upon one or more of the criteria listed in subsection (3) of this rule. The appeal must be submitted in writing to the Department of Corrections.

(2) After state funds have been withdrawn from a program, the program may be reconsidered for state funding upon a finding that they have incorporated significant and relevant practices based on scientifically based research and is cost effective.

(a) In order to be reconsidered, the program shall submit in writing to the Department of Corrections the steps they have taken to incorporate the principles of evidence based practices.

(b) The Department of Correction shall determine whether significant changes have been made to merit a program evaluation as described in OAR 291-031-0320.

(3) Criteria which may be considered in the appeal process:

(a) Scientific basis for the program design and evidence that the program is delivered consistent with research; or,

(b) Outcome study; or,

(c) Demonstrated cost-effectiveness; or,

(d) The program is a single source provider and there are no reasonable alternatives available to provide that service within the county.

(4) Any decision of the Department of Corrections shall be final.

Stat. Auth.: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. & cert. ef. 6-19-12


 

Rule Caption: Suspension/Restriction of Visits/Removal From Inmate Visiting List.

Adm. Order No.: DOC 8-2012

Filed with Sec. of State: 6-19-2012

Certified to be Effective: 6-19-12

Notice Publication Date: 1-1-2012

Rules Amended: 291-127-0320

Subject: OAR 291-127-0320, by its terms, requires that a superintendent or designee issue a final decision on a recommended action to suspend, restrict, or remove a visitor from an inmate’s approved visiting list within 45 days of receipt of a review request. This rule amendment is necessary for the department to establish a flexible, extended timeframe for a superintendent/designee to issue a final order of a recommended action to suspend, restrict, or remove a visitor from an inmate’s approved visiting list when the circumstances giving rise to the suspension, restriction, or removal action are part of a pending administrative or criminal investigation, or in other extraordinary circumstances, which in the sole judgment of the superintendent/designee requires or warrants additional time. This amendment is also needed to clarify that if a visitor does not timely submit a written review request, the recommended action contained in the notification and written report shall serve as the superintendent’s/designee’s decision without further action.

Rules Coordinator: Janet R. Worley—(503) 945-0933

291-127-0320

Suspension/Restriction of Visits/Removal From Inmate Visiting List

(1) The superintendent or designee may suspend the inmate’s visits with the visitor, or restrict visitation to basic visiting, or remove a visitor from an inmate’s approved visiting list if the superintendent or designee determines that:

(a) The visitor does not qualify for visits in accordance with these rules; or

(b) There exists reasonable suspicion that continued visitation between the visitor and the inmate poses a threat to the safety, security, health and good order of the facility, and/or the safety and security of other inmates, staff, visitors, contractors or the community; or

(c) There is a court order or Board of Parole and Post-Prison Supervision action form which prohibits contact with the visitor.

(2) Notification and Decision: A written report (CD 704D) documenting the suspension shall be prepared and sent to the inmate and to the inmate’s visitor within seven days of the action. The report shall contain a short and concise statement of the reason(s) for the suspension and a recommendation for the action to be taken. The recommended action may be assignment to basic visiting, restriction of visiting for a limited duration, or permanent removal.

(a) The visitor may request review of the recommended action by submitting a written review request to the superintendent/designee. A review request must be received by the superintendent/designee no later than 30 days of the date of the issuance of the notification of suspension.

(b) If the visitor does not timely submit a written review request, the recommended action contained in the written report shall be accepted by the superintendent/designee and serve as the superintendent’s/designee’s decision without further action.

(c) If the visitor timely submits a written review request, the superintendent/designee shall issue a final decision on the recommended action within 45 days of the receipt of the request, absent a pending administrative or criminal investigation or other extraordinary circumstance which in the sole judgment of the superintendent or designee requires or warrants additional time.

(d) The visitor may request an administrative review of the superintendent’s/designee’s decision as specified in OAR 291-127-0330.

(e) The provisions of OAR 291-127-0320(2) apply retroactively to notifications of visiting suspensions and decisions issued prior to, on, and after November 1, 2011.

(3) The superintendent or designee may temporarily suspend an inmate’s visits for 14 days in the event of an on-going investigation. The superintendent or designee shall provide written notification of the suspension to the inmate and the inmate’s visitor(s). If at the conclusion of the investigation or 14 days whichever occurs first, the superintendent or designee determines the visitor’s status shall be suspended, the notification process specified in section (2) above will begin.

(4) Reconsideration: Visitors who have been permanently removed from any inmate’s approved visiting list, or whose visitation with any inmate has been permanently restricted to basic visiting, may request reconsideration five years after the date of the action. Requests for reconsideration must be in writing and submitted to the Assistant Director of Operations or designee.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 183.315, 423.020, 423.030, 423.075 & 423.078
Stats. Implemented: ORS 179.040, 183.315, 423.020, 423.030, 423.075 & 423.078
Hist.: DOC 10-2000, f. & cert. ef. 4-25-00; DOC 3-2005, f. 3-11-05, cert. ef. 3-14-05; DOC 22-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12; Administrative correction, 5-25-12; DOC 8-2012, f. & cert. ef. 6-19-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 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

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