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 179.040, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of this rule is to establish the process and procedures for the orderly commitment and transfer of inmates from one Department of Corrections facility to another. This rule also establishes the process for the approval of those commitments and transfers.
(a) In accordance with provisions of ORS 137.124, 421.455, and the administrative rules of the Board of Parole and Post-Prison Supervision, it is the policy of the Department of Corrections that inmates under the jurisdiction of the Department of Corrections may be transferred from one Department of Corrections facility to another when such transfers do not place the safety and security of the general public in jeopardy;
(b) It is the policy of the Department of Corrections that all non-emergency transfers of inmates between facilities be coordinated and approved by the Classification and Transfer Division.
(1) "Department of Corrections Facility": Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.
(2) "Inmate": Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.
(3) "Intake Facility": A Department of Corrections facility (Oregon Corrections Intake Center and Oregon Women's Correctional Center) where newly committed inmates and parole violators are evaluated as to custody classification, needs assessments and some program assessments, and are assigned to the appropriate facilities within the state prison system.
(4) "Transfer": A movement and reassignment of supervision of an offender between Community Services/community cor-rections offices or an inmate between Department of Corrections facilities.
Intake Facility Transfers
(1) All transfers from the intake facilities (Oregon Corrections Intake Center and Oregon Women's Correctional Center) shall be based upon the inmate's classification score, medical status, program needs, available bed space, and operational needs of the Department.
(2) Staff at the intake facilities are responsible for compiling the background information on all inmates, evaluating inmates' special case factors, and making appropriate recommendations for transfer to the Classification and Transfer Division (CTD).
(3) If the intake facilities staff's recommendation is deemed appropriate and bed space is available, the CTD shall endorse the inmate for transfer and schedule the inmate for transportation.
(4) If the CTD determines that the intake facilities staff's recommendation cannot be endorsed, the CTD shall determine the appropriate facility and schedule the inmate for transfer.
(5) If the intake facility manager/superintendent disagrees with the CTD's action, the inmate may be retained at the facility while the case is presented to the Administrator of the CTD for final transfer disposition.
(6) Inmates approved for transfer will be scheduled on the first available transport to the assigned institution/facility.
(7) Inmates with special circumstances (i.e., medical services) shall be reviewed by the CTD for consideration of special transfer/transport arrangements.
(1) When CTD staff become aware an inmate's current placement may no longer meet his/her custodial/program needs or may be contrary to existing policy, the case shall be considered for transfer to another Department of Corrections facility.
(2) Institution staff shall be responsible for providing information to the CTD via the Department's information system. This information includes the inmate's current classification, needs assessments, special case considerations, and medical status.
(3) When transfers are necessary to meet the population management needs of the Department, the CTD will identify appropriate inmates for transfer.
(4) Except in emergency cases, the CTD will provide a minimum of 24-hour's notice to both the sending and receiving facility of inmates who are to be transferred.
(5) The sending facility is responsible for ensuring that the information provided to the CTD is accurate prior to the actual transfer, i.e., classification, medical, special case factors.
(6) The sending facility will ensure that all inmates transferred to another facility are transferred with the following: institution file, medical file (including any prescribed medicine), inmate property, inmate ID card, and visiting record.
(7) If an inmate is removed from a scheduled transfer, it is the responsibility of the sending facility to contact the CTD for approval.
(8) Inmates transferred to a facility for use in a special work assignment shall be used in that skill and a special factor of 28 (work skills) shall be entered into the information system. Inmates who are not used in the assignment/skill as indicated at the time of their transfer shall have the special case factor of 28 removed from the information system. The CTD may consider the inmate for transfer to a facility needing such skills.
(1) All administrative transfers will be documented through the use of an Administrative Transfer Request form (CD 1206). A copy of this form will be forwarded to the Classification and Transfer Division and placed in the inmate's central file.
(2) Prohibited Inmate Conduct:
(a) It is the Department's policy that an inmate will not be transferred for disciplinary reasons until such time as the classification score increases to a level higher than allowed at the current facility. In these instances, the hearings officer shall impose the appropriate sanctions for punishment and deterrent effect. These sanctions may include, but are not limited to, restriction and loss of earned time credits, segregation, and loss of privileges. (See Prohibited Induct Conduct rule, OAR 291-105.);
(b) Inmate's located at facilities without a formal hearings officer who are charged with a major rule violation shall be adjudicated telephonically when the facility determines the violation can be handled locally;
(c) For those inmates whose disciplinary behavior is of such a serious nature as to warrant an extended term in a segregation unit, the CTD shall approve the transfer of the inmate to an appropriate facility;
(d) When an inmate commits a rule violation without increasing their classification score to the next custody level, but is determined to be a threat to the security/safety of the facility, the inmate will be referred to the CTD for transfer.
(3) Operational Transfers:
(a) Transfers effected for the welfare and security of the facility are not always of an emergency nature nor do they necessarily follow disciplinary action. A transfer may be requested if the manager/superintendent believes that the transfer of a specific individual is necessary;
(b) All documentation regarding the reason(s) for transfer shall be made a part of the central file prior to the inmate's transfer, or immediately thereafter, where adequate segregation facilities are not available to the sending facility;
(c) Administrative transfers shall be evaluated and processed through the CTD. When CTD staff are unavailable, the sending facility is responsible for advising the CTD, in writing on the next business day, of the reason for all administrative transfers;
(d) Administrative transfers for medical purposes will be coordinated through the medical departments of both the sending and receiving facilities and processed through the CTD by the sending facility. Upon completion of the needed medical care, the inmate may be considered for transfer.
(4) Emergency Transfers:
(a) If the conduct or presence of an inmate is an immediate danger to the security of the facility or safety of staff, the inmate, or other inmates, and the facility does not have adequate segregation facilities to contain the behavior or provide the necessary security, an emergency transfer may be made pursuant to the following procedures:
(A) When the manager/superintendent or designee determines that an emergency transfer is necessary, a telephone or FAX request shall be directed to the CTD or the officer-of-the-day at the receiving facility;
(B) The request shall include the inmate's name, number, and all applicable information including the reason for the emergency transfer.
(b) The sending facility shall notify the receiving facility of the number of inmates being transferred and the date and time of the transfer. The transporting officer shall ensure all records and personal property are sent with the inmate(s);
(c) If CTD staff are not available at the time of the emergency, the sending facility will notify the CTD on the next business day of the reason(s) for the transfer and for approval/denial of the transfer.
General -- Institutional Instruction
(1) The assigned counselor will be responsible for updating the inmate's classification score prior to transferring the inmate or file to another location when the reason for the transfer has an effect on the inmate's classification.
(2) When an inmate is transferred from one facility to another, the inmate's update file, including health records and visiting record, will be simultaneously transferred to the receiving facility in accordance with the Department of Corrections rule on Files and Records.
(3) Transfer from the Mill Creek Correctional Facility to the South Fork Forest Camp will be coordinated by Mill Creek Correctional Facility staff in accordance with ORS 421.455.
(4) Transfers between the Parole Violators Prison medium and Parole Violators Prison minimum facility shall be coordinated by Parole Violators Prison staff provided the custody classification is suitable for transfer to a minimum facility.
(5) An inmate may request inter-institutional transfer by submitting a written request to his/her counselor for consideration. If approved by the manager/superintendent or designee, the request will be submitted to the CTD as an administrative transfer.
(6) Parole Violators Prison medium shall be used by the Shutter Creek Correctional Institution as a segregation unit if segregation cells are not available at the Shutter Creek Correctional Institution. Inmates placed at Parole Violators Prison medium for disciplinary reasons shall be returned to Shutter Creek Correctional Institution upon completion of their sanction or upon availability of segregation cell space at Shutter Creek Correctional Institution provided the inmate's classification remains minimum.
(7) Each facility (including the Oregon Forensic Psychiatric Unit) shall designate one staff person responsible for coordinating transfers with the CTD. The assigned staff member will contact the CTD regarding any inmates recommended for transfer at least 48 hours prior to the scheduled transportation to the recommended facility. If the transfer is approved, the assigned staff person shall be responsible for notifying the necessary sections within their respective facility, i.e., receiving and discharge, records, group living, medical.