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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 75

CITIZEN COMPLAINTS

291-075-0005

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 provide for the reporting, receipt, investigation, and resolution of citizen complaints concerning the Department of Corrections, its employees, and inmates and offenders under its jurisdiction.

(3) Policy: It is the policy of the Department of Corrections that citizen complaints about the Department of Corrections personnel, programs and operations shall be logged and promptly investigated. Corrective action shall be taken if indicated, and a response furnished to the complainant.

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 30-1983(Temp), f. & ef. 9-1-83; CD 46-1983, f. & ef. 12-2-83; CD 13-1985, f. & ef. 7-31-85; CD 11-1987, f. & ef. 1-22-87; CD 7-1992, f. 3-27-92, cert. ef. 3-31-92

291-075-0010

Definitions

(1) Citizen Complaint: Any person writing to the Governor’s Office requesting a response regarding the Oregon Department of Corrections.

(2) Functional Unit Manager: Any person within the Department of Corrections who reports to the Director, Deputy Director, an assistant director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.

(3) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 30-1983(Temp), f. & ef. 9-1-83; CD 46-1983, f. & ef. 12-2-83; CD 13-1985, f. & ef. 7-31-85; CD 11-1987, f. & ef. 1-22-87; CD 7-1992, f. 3-27-92, cert. ef. 3-31-92; DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 14-2000, f. & cert. ef. 6-19-00; DOC 13-2010, f. & cert. ef. 9-15-10

291-075-0015

Procedures

(1) All citizen complaints directed to the Governor’s Office and forwarded to the Department of Corrections regarding the Department or Oregon Corrections Enterprises shall be reviewed and logged by the Director’s designee. The citizen complaint shall be assigned to the functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office for investigation. All complaints alleging criminal conduct will be referred to the Oregon State Police by the Inspector General for review and investigation as appropriate.

(a) The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall investigate the complaint and submit a response to the Director’s designee within the assigned timeframe. The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall recommend corrective action if the investigation reveals such action is needed.

(b) Where necessary corrective action has been recommended, that action shall be taken upon the approval of the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office. When a letter of response is needed, the letter shall be prepared with the signature of the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office as appropriate.

(c) A response delineating the investigation and action taken shall be signed by the Director, functional unit manager, Oregon Corrections Enterprises, or Inspector General’s Office and given to the complainant within the assigned timeframe. A copy of the response will be forwarded to the Governor’s Office. If additional investigation time is required, the Governor’s Office will be informed in advance so that the complainant will be appropriately notified.

(2) Citizen complaints received by a functional unit or Oregon Corrections Enterprises shall be promptly investigated by the functional unit manager or designee at the location where the complaint is received and a response prepared and returned to the complainant within the assigned timeframe.

(3) A record will be kept of all complaints received, responses, and supporting documentation. The record shall be retained for a minimum of three years by the Director’s designee.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 30-1983(Temp), f. & ef. 9-1-83; CD 46-1983, f. & ef. 12-2-83; CD 13-1985, f. & ef. 7-31-85; CD 11-1987, f. & ef. 1-22-87; CD 7-1992, f. 3-27-92, cert. ef. 3-31-92; DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 14-2000, f. & cert. ef. 6-19-00; DOC 13-2010, f. & cert. ef. 9-15-10

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

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