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DEPARTMENT OF CORRECTIONS

 

DIVISION 55

INTENSIVE MANAGEMENT UNIT

291-055-0005

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:

(a) Establish procedures for the assignment of maximum custody inmates to special security housing and programs in a designated intensive management unit or cells separate from general population housing in Department of Corrections facilities to provide the maximum level of inmate security, control and supervision; and

(b) Establish standards for the operation and management of Intensive Management Units (IMU) and IMU status cells.

(3) Policy:

(a) It is the policy of the Department of Corrections to assign maximum custody inmates to special security housing and programs in a designated intensive management unit or cells separate from general population housing in Department of Corrections facilities to provide the maximum level of inmate security, control and supervision.

(b) Maximum custody inmates shall be assigned to an Intensive Management Unit (IMU) or an IMU status cell. Maximum custody inmates who have received a sentence of death (inmates on death row status) may be assigned housing in an IMU or IMU status cell. Inmates assigned to an IMU or IMU status cell may be temporarily assigned to other treatment, program or service units (i.e., Infirmary, Administrative Segregation, Special Management Unit (SMU)) for treatment or programming as deemed necessary or advisable by the department.

(c) Inmates assigned to an IMU or IMU status cells shall have an opportunity for administrative review of their maximum custody classification/assignment to IMU as provided in the department's rule on Classification (Inmate), OAR 291-104.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 7-2000(Temp), f. 2-24-00, cert. ef. 2-24-00 thru 8-22-00; DOC 20-2000, f. & cert. ef. 8-18-00; DOC 10-2002(Temp), f. & cert, ef, 7-10-02 thru 1-6-03; DOC 14-2002, f. & cert. ef. 11-8-02

291-055-0010

Definitions

(1) Intensive Management: The status of a maximum custody inmate assigned to special security housing and programs in a designated intensive management unit or cell separate from general population housing units and cells in Department of Corrections facilities.

(2) Officer-in-Charge: The person designated by the facility functional unit manager responsible for the daily operation of the IMU or IMU status cells.

(3) Serious Management Concerns: Participation either individually, or in a group, in behavior which poses a significant threat to the safe and secure operation of the facility, including, but not limited to, threatening or inflicting bodily injury on another person, posing an immediate risk of escape, promoting or engaging in disruptive group behavior, promoting security threat group activities, or being involved in any other activity that could significantly threaten the safe and secure operation of the facility.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-911; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94 ; DOC 20-2000, f. & cert. ef. 8-18-00; DOC 7-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08; Administrative correction 10-21-08

Procedures

291-055-0011 [Renumbered to 291-055-0019]

291-055-0014

Selection of Intensive Management Unit Staff

(1) Selection Criteria: To qualify for a post which is solely assigned to an Intensive Management Unit, the employee:

(a) Must have successfully completed trial service;

(b) Must have achieved a satisfactory on a special performance appraisal at the time of application and assignment to IMU. At a minimum, the staff member must meet the following criteria:

(A) Have demonstrated maturity and tolerance;

(B) Have expressed a constructive interest in working with inmates in IMU;

(C) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and

(D) Have demonstrated the ability to use good judgment.

(2) Assignments to Intensive Management Unit Posts:

(a) Assignment to Intensive Management Unit posts will be made by the functional unit manager or designee and will be reviewed at least annually.

(b) Rotation of staff assigned to Intensive Management Unit posts may occur as it is found to be in the best interest of the employee or the facility, upon determination by the functional unit manager.

(c) Temporary assignment to Intensive Management Unit posts will be made by the functional unit manager or designee. Temporary assignments shall be given only to employees who meet the initial qualifications specified in this rule. Whenever possible, temporary assignments will be given only to employees who have successfully completed training specified by the Department of Corrections.

(3) Any exceptions to this rule for staff selection to an Intensive Management Unit post must be approved by the Assistant Director for Institutions prior to assignment.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030, & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: DOC 20-2000, f. & cert. ef. 8-18-00

291-055-0019

IMU Assignments

(1) Maximum custody inmates shall be assigned to an IMU or IMU status cell. Maximum custody inmates who have received a sentence of death (inmates on death row status) or who are pending retrial in a case in which a death sentence may be re-imposed may be assigned housing in an IMU or IMU status cell.

(a) An inmate demonstrates the need for maximum custody housing by demonstrating behaviors that cannot be controlled in other housing as indicated by high severity and/or chronic misconduct sanctions, escape activity or security threat group activities causing serious management concerns.

(b) Inmates assigned to an IMU or IMU status cell may be temporarily assigned to other housing, treatment, program or service units (i.e., Infirmary, Administrative Housing, mental health special housing, Death Row) for housing, treatment, or programming as deemed necessary or advisable by the department.

(2) Assignment Request: A request for assignment to an IMU shall be initiated if an inmate scores maximum, or when an override request to maximum is made. A Classification Summary (CD1120D), Intensive Management Unit Administrative Action Sheet (CD8a) and all pertinent information which demonstrates the need for IMU assignment shall be sent to the Classification and Transfer Unit. Staff shall indicate the reason for referral and a short statement describing the reason for requesting an IMU assignment. Classification and Transfer will approve or deny the request.

(3) Documentation of Decisions: All decisions by the Classification and Transfer Unit will be documented on the Intensive Management Unit Administrative Action Sheet (CD 8a) and returned to the facility initiating the request. The signed copy of the action sheet shall be filed in the inmate's institution file.

(4) Notice: Decisions by the Classification and Transfer Unit that assign an inmate to IMU status will be sent to the inmate along with a Classification Summary (CD1120D), Intensive Management Unit Administrative Action Sheet (CD8a), Request for Administrative Review (CD1120aD), and a description of the inmate’s review options.

(5) Administrative Review: An inmate assigned to IMU status shall have an opportunity for administrative review of his/her maximum custody classification/assignment to IMU as provided in the department's rule on Classification (Inmate), OAR 291-104.

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

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 7-2000(Temp), f. 2-24-00, cert. ef. 2-24-00 thru 8-22-00; DOC 20-2000, f. & cert. ef. 8-18-00, Renumbered from 291-055-0011; DOC 10-2002(Temp), f. & cert, ef, 7-10-02 thru 1-6-03; DOC 14-2002, f. & cert. ef. 11-8-02; DOC 9-2013(Temp), f. & cert. ef. 10-23-13 thru 4-21-14

291-055-0020

Programming Levels of Intensive Management Unit Inmates

(1) An inmate's adjustment and behavior while housed in the Intensive Management Unit will determine the inmate's service and activities program level. The schedule for programs and services are as follows:

(a) Level One basic services provided to Intensive Management Unit (IMU) inmates:

(A) Correspondence and photos (excluding publications): As received through the mail after assignment to level one.

(B) Canteen: Envelopes ordered every two weeks.

(C) Legal services: As required in accordance with the department's rule on Legal Affairs (Inmate), OAR 291-139.

(D) Religious services and materials: As requested and meeting security requirements.

(E) Personal hygiene/shower: Three times per week.

(F) Treatment/Programming/Educational Services: As deemed appropriate to the individual treatment program and meeting security requirements.

(G) Library: One paperback book on a scheduled exchange basis.

(b) Level Two services and activities available to IMU inmates in addition to level one basic services:

(A) Visiting: Two one-hour sessions per month. No more than one visiting session allowed per week.

(B) Recreation: 40 minutes per day, five days per week.

(C) Library: Two paperback books on an as needed, exchange basis.

(D) Canteen: $15 worth of canteen items ordered every two weeks.

(E) Educational material: As requested, approved and meeting security requirements.

(c) Level Three services and activities available to IMU inmates in addition to level two services:

(A) Visiting: Three one-hour sessions per month. No more than one visiting session allowed per week.

(B) Canteen: $20 of canteen items ordered every two weeks.

(C) Personal property: One approved property storage container.

(D) Radio/headphones: One time issue, which remains state property.

(E) Work assignments.

(d) Level Four services and activities available to IMU inmates in addition to level three services:

(A) Visiting: Four one-hour sessions per month. No more than one visiting session allowed per week.

(B) Canteen: $30 worth of canteen items ordered every two weeks.

(C) Personal property: No more than two approved storage containers.

(2) Program Level Criteria:

(a) The Assistant Superintendent, Program Services or designee, will establish criteria for the various program levels. To assess inmate adjustment, inmate movement among the program levels will be reviewed by a committee chaired by the Assistant Superintendent, Program Services or designee. The committee will consist of management staff from the following programs: IMU, social and psychological services, and security. Representatives from the Classification and Transfer Unit, Education Section, Health Services, and Hearings Section may also attend. The committee shall be named the IMU Inmate Program Committee.

(b) All inmates assigned to an Intensive Management Unit or IMU status cell will begin on program level two. The IMU Inmate Program Committee will evaluate each inmate's conduct, program involvement and behavior monthly to determine further and appropriate program level assignment.

(c) Demotions:

(A) An inmate may be demoted one or more program levels due to behavior which threatens the safe, secure and orderly operation of the Intensive Management Unit or failure to participate in programs. An inmate will not be demoted to a level one strictly for failure to participate in a program(s). Any demotion to level one shall be based on inmate behavior.

(B) If immediate action is necessary, the IMU shift supervisor may take appropriate action and recommend a reduction in an inmate's program level and submit it to the Intensive Management Unit manager for approval. All demotions will be reviewed by the IMU Inmate Program Committee.

(d) Inmate Program Committee Guidelines for Level Advancement: The following criteria will be considered when evaluating an inmate's adjustment in IMU for program level advancement:

(A) Level One: One month at level one with no major rule violation and no more than one minor rule violation may earn promotion to:

(B) Level Two: Two months at level two with no major rule violation and no more than one minor rule violation and active participation in prescribed programming may earn promotion to:

(C) Level Three: Three months at level three with no major rule violation and no more than one minor rule violation and a successful completion of prescribed programs may earn promotion to:

(D) Level Four: Maintain level four with no major rule violation and no more than one minor rule violation.

(3) Immediately following any action of self destruction, a medical or psychological services staff member will be consulted by the officer-in-charge to determine if the inmate should be recommended for transfer to the Special Management Unit.

(4) IMU status inmates will be permitted to leave their cell as appropriate to their program level for: visits, exercise, showers, medical or dental services, hearings, psychological services, interviews or for other reasons as authorized by the officer-in-charge.

(a) The officer-in-charge will assign escort supervision as deemed appropriate. A ratio of two security staff to one inmate will be maintained during any inmate escorted movement within the IMU.

(b) IMU inmates will not be permitted to leave their cells without approval from the officer-in-charge of the IMU, or unless previously scheduled to do so for program participation. The inmate will be in restraints at all times while being escorted inside and outside the unit. Routine staff interviews may be accomplished at the inmate's cell.

(5) The officer-in-charge or designee will conduct a tour of the Intensive Management Unit at least once per shift. Inmates may address questions to the officer-in-charge at this time.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 20-2000, f. & cert. ef. 8-18-00

291-055-0025

Situational Reviews

(1) During the first 30-day period following IMU assignment, the inmate shall be scheduled for a psychological interview and assessment. Additional individual inmate assessments may be requested by the Assistant Superintendent, Program Services, or designee or the IMU Inmate Program Committee. Inmates requesting psychiatric services may be referred to qualified medical personnel pursuant to recommendation of the psychological associate or the Assistant Superintendent, Program Services, or designee.

(2) A review will be made by the IMU Inmate Program Committee on each inmate assigned to IMU status at least every 30 days. Adjustment to IMU and programming levels will be considered.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 20-2000, f. & cert. ef. 8-18-00

291-055-0031

Retention/Assignment Out of IMU

(1) When considering an inmate for non-maximum housing, the IMU Inmate Program Committee will consider the inmate's adjustment within IMU, the nature and severity of the high category misconduct, length of time in IMU, and past history. The committee will also assess the degree of participation in self-improvement programs: mental health counseling, anger management, education, job assignments, alcohol/drug abuse therapy, assessment and evaluation, behavioral contracts, security threat group disassociation, communicable disease counseling, social services counseling, or other institutional management concerns.

(2) A written recommendation to either retain or transfer an inmate out of IMU shall be initiated by the IMU Inmate Program Committee within 30 days of the inmate attaining a program level four status. A completed Intensive Management Unit Administrative Action Sheet (CD8a) must be sent to the Classification and Transfer Unit describing the reason(s) and justification for the inmate to be either retained or assigned out of IMU.

(3) The Classification and Transfer Unit will approve or deny the request and document the decision on the Intensive Management Unit Administrative Action Sheet (CD8a) and notify the IMU Inmate Program Committee and the inmate of the decision as specified in 291-055-0019.

[Publications: The publication(s) referred to in this rule are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 20-2000, f. & cert. ef. 8-18-00

291-055-0040

Property

(1) Any personal property, as defined in the Department of Corrections rule on Personal Property Control and Disposition (Inmate), OAR 291-117, not permitted in the cell of any Intensive Management Unit inmate will be properly protected in a designated property room. Upon release from IMU, the inmate shall check his personal property and sign the property sheet.

(2) The amount of personal property allowed depends upon each inmate's programming level. In addition to authorized issued items, the following personal property is authorized:

(a) Storage container in which all authorized property will be kept;

(b) Letters;

(c) Photographs;

(d) Books, magazines, and newspapers;

(e) Envelope(s);

(f) Pen and paper;

(g) Canteen items purchased after admission to IMU;

(h) Personal care items on the IMU canteen list (soap, tooth powder, toothbrush, comb, toilet paper);

(i) Educational, treatment or psychological services program material;

(j) Radio and headphones; and

(k) Legal materials.

(3) Bedding: One mattress, one pillow, one pillow case, two sheets, one towel, and blanket(s) as needed.

(4) Clothing: One set of undergarments, coverall, and footwear.

(5) Intensive Management Unit inmates will be permitted to retain basic personal health items (dentures, prescribed eye wear, hearing aids and approved prosthetic devices).

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 20-2000, f. & cert. ef. 8-18-00

291-055-0045

Services, Programs and Activities

(1) Basic: The following basic programs and services will be provided to all inmates in IMU unless compelling security or safety reasons dictate otherwise.

(a) Food:

(A) Except when under special diet specifically prescribed by the medical officer, each IMU inmate shall receive food prepared in accordance with the Department of Corrections rule on Food Service Programs, OAR 291-061.

(B) Food will be delivered to each inmate in his/her cell by a staff member.

(C) Food shall never be used as punishment.

(D) Intensive Management Unit inmates who intentionally misuse food or eating utensils may be subject to the provisions of the department's rule governing Controlled Feeding, OAR 291-083.

(b) Clothing: A clean set of undergarments and coveralls will be provided on an exchange basis three times a week.

(c) Bedding: Clean sheets and one pillow case will be exchanged on a weekly basis. A clean towel will be provided on an exchange basis at least three times per week.

(d) Personal Hygiene/Shower: Inmates will be allowed to shower, shave and obtain necessary personal care items three times a week. Arrangements for haircuts will be arranged on a regularly scheduled basis.

(e) IMU inmates shall be provided correspondence privileges in accordance with the Department of Corrections rule on Mail (Inmate), OAR 291-131. Inmates may submit Interview Requests and grievances. Grievances will be handled in a manner prescribed by the Department of Corrections rule on Grievance Review System (Inmate), OAR 291-109.

(f) Legal Services: IMU inmates may pursue their legal activities in accordance with the Department of Corrections rule on Legal Affairs (Inmate), OAR 291-139. Legal material will be provided. Abuse of materials may result in disciplinary action. Attorney visits must be scheduled in advance.

(g) Religious: IMU inmates will be allowed to receive religious guidance if requested. Religious Services staff will visit each Intensive Management Unit once per week. Request for religious material will be reviewed by the Assistant Superintendent, Security, or his/her designee prior to issuing to the inmate.

(h) Medical/Dental/Mental Health Services:

(A) Health care and mental health care services will be provided to inmates in IMU in accordance with the Department of Corrections rule on Health Services (Inmate), OAR 291-124.

(B) A member of the Health Services staff shall minimally visit the Intensive Management inmates three times weekly. The staff member will provide each inmate an opportunity to talk with him/her and refer requests for medical, dental, mental health services to the appropriate staff member.

(C) A physician will visit Intensive Management Units as the need arises. Dental services will be provided on a schedule determined between the unit manager or his/her designee and the Health Services Manager.

(D) Mental Health Services: Mental health staff shall perform and/or supervise needed services. This includes assessment and/or evaluation within the first 30 days and as needed thereafter. Additional services include crisis intervention, behavioral contracts, anger management, brokering out other mental health services, as well as transitional services. While it is recognized some inmates refuse services and are otherwise unamenable to treatment, the accessibility to treatment services remains available during times of assessment, by inmate request, or could be fostered by an inmate's uncontrollable behavior(s).

(2) Services: Depending on unit adjustment and inmate programming level, inmates have opportunities for increased programs and services. These programs may include the following:

(a) Visits: Visits will be permitted based on the inmate's program level and conducted in accordance with the department's rule on Visiting (Inmate), OAR 291-127. Visits will be conducted in a basic visiting area for IMU status inmates and occur only with immediate family members. Visits must be scheduled at least three days in advance of the visit.

(b) Exercise: Inmates in the Intensive Management Unit shall have the opportunity to exercise out of their cells as outlined by the IMU program level. Inmates who alter or intentionally damage recreation equipment or exercise areas may be restricted from the use of the exercise area. All IMU inmates in will receive a booklet describing a program of in-cell aerobic exercises. Inmates eligible to exercise will receive 40 minutes of exercise per day, five days per week. The 40-minute exercise period will begin when the inmate exits his/her cell.

(c) Library: Paperback books are available for inmate use on an exchange basis. A maximum of two books may be issued to an inmate at one time. The books may be exchanged on a regularly scheduled basis.

(d) Canteen: As outlined in the Intensive Management program level, inmates may be eligible to purchase canteen items. Canteen items will be issued every other week to eligible inmates. Authorized canteen items are as follows:

(A) Level One: Envelopes, 15 total;

(B) Level Two:

(i) Envelopes, 30 total;

(ii) Notebook paper;

(iii) Wash cloth;

(iv) Shower thongs;

(v)Small container of hair conditioner;

(vi) Small tube body lotion;

(vii) Denture cleanser/container;

(viii) Hand soap;

(ix) Plastic soap dish;

(x) Small tube shampoo;

(xi) Toothpaste; and

(xii) Eye care solution.

(C) Levels Three and Four: In addition to the above, inmates may purchase additional items as authorized by the functional unit manager or designee.

(e) Education: Education staff will be assigned to the Intensive Management Unit on at least a part-time basis to assist in developing an educational program to fulfill each inmate's academic need.

(f) Correctional Counselor Services: A correctional counselor will be assigned to each IMU.

(g) The services listed in sections (a) through (f) above will be provided unless security, staff availability, safety or sanitation considerations dictate otherwise as authorized by the office-in-charge.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 20-2000, f. & cert. ef. 8-18-00

291-055-0050

Forfeiture/Deprivation of Service or Activity

(1) An Intensive Management Unit inmate may be required to forfeit or be temporarily deprived of any service or activity when the inmate is using them to destroy or damage property, obstruct security, or threatens physical violence to self or others. If an inmate is using any service or activity for self destruction, that service/activity may be temporarily removed upon order of the officer-in-charge or designee. Any item(s) withheld shall be returned at the earliest possible time when the basis for removal has ceased to exist. A written report documenting the action will be forwarded to the functional unit manager or designee.

(2) Services and activities may be forfeited or deprived as a result of a disciplinary sanction in accordance with the Department of Corrections rule on Prohibited Inmate Conduct and Processing Disciplinary Actions, OAR 291-105.

(3) Additional programs and services will depend on the inmate's adjustment and adherence to department rules and Intensive Management Unit regulations. Programs and services outlined in this rule denote eligibility only, they do not guarantee program and service delivery. Staff and facility resources may determine frequency and duration of approved inmate activity.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1991, f. & cert. ef. 6-7-91; CD 21-1994, f. 11-16-94, cert. ef. 12-1-94; DOC 20-2000, f. & cert. ef. 8-18-00

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