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

 

DIVISION 86

INMATE ACCESS TO AUTOMATION

291-086-0010

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 these rules is to establish the approval process and set standards that allow inmates to use computer equipment in the normal course of their work or program assignment.

(3) Policy: It is the policy of the Department of Corrections that security not be compromised by inmate use of computer equipment. Inmate use of computer equipment shall not jeopardize the safety, security or orderly operation of any Department of Corrections facility. Appropriate supervision and management practices shall be maintained to ensure adequate security safeguards.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99; DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0020

Definitions

(1) Computer Equipment: Any automated processing or data storage devices including, but not limited to, personal computers, work stations, terminals, controllers, printers, and communication devices.

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

(3) DOC Standard Access: The combination(s) of hardware and software which the Assistant Director for General Services/designee and the Assistant Director for Operations/designee determine to be the standard computer configuration for inmates.

(4) Information Systems Unit (ISU): The unit that is responsible for providing technical or operational support to the DOC Information System or DOC Inmate Network.

(5) Inmate: Any person under the supervision of the Department of Corrections who is not under parole, probation or post-prison supervision status.

(6) Inmate Access: Inmate access to, or use of, computer equipment which is granted because of work, program assignment, or authorized by Department of Corrections rule or policy.

(7) Inmate Supervisor: Any employee of the Department of Corrections, any OCE employee, or any DOC/OCE contractor that is responsible for supervising an inmate.

(8) Oregon Corrections Enterprises (OCE): 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.

(9) OCE Functional Unit Manager: Any person within the Oregon Corrections Enterprises who reports to either the Administrator or the Deputy Administrator and has responsibility for delivery of business services or coordination of business operations.

(10) OCE Standard Access: The combination(s) of hardware and software which the OCE Administrator and the Assistant Director for Operations/designee determine will be accessed by inmates within each correctional institution.

(11) Program Assignment: Any assignment fulfilling the requirement of the inmate's Oregon corrections plan, or other Department of Corrections approved performance recognition program.

(12) Special Access: The combination(s) of hardware and software beyond what is determined to be standard access.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99; DOC 27-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 15-2000, f. & cert. ef. 6-19-00; DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

Procedures

291-086-0030

General

(1) These rules (OAR 291-086-0010 through 291-086-0060) establish the approval process and set the standards for inmate access to and use of any information systems equipment; specifically computer hardware and software, peripheral devices, data communications devices, terminals, personal computers, and printers.

(2) Inmates shall only be granted access to computer equipment because of work or program assignment, except for access to resource materials as provided in Department of Corrections rule or policy.

(3) Approval for inmate access to computer equipment is not a privilege or benefit. Any decision to deny or restrict an inmate access to computer equipment may not be appealed by the inmate.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99; DOC 15-2000, f. & cert. ef. 6-19-00; DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0040

Approval Process for Inmate Access to Computer Equipment

(1) All requests for inmate computer equipment use shall be approved by the DOC functional unit manager or the OCE functional unit manager, depending on the area of responsibility, prior to granting access to the inmate.

(2) The DOC functional unit manager or the OCE functional unit manager may grant standard access. Any request for access that includes hardware or software that is purchased or donated beyond what is determined to be standard access (special access) shall require a recommendation from the functional unit manager requesting the access, a technical review by ISU or OCE for implementation problems, and approval by the Institutions Administrator.

(3) All requests for inmate access to computer equipment shall be submitted on the Inmate Access to Automation Equipment and Work Assignment Request form (CD-1426A). The inmate supervisor shall submit the request to the DOC functional unit manager or OCE functional unit manager for approval. If approved, the inmate supervisor and the DOC functional unit manager or OCE functional unit manager shall sign the request form, and forward it to ISU or OCE technical support for implementation. If special access is required, the Institutions Administrator shall approve and sign the request form.

(4) The Assistant Director for General Services/designee and the Assistant Director for Operations/designee will determine specifically what software and hardware combinations constitute DOC standard access.

(5) The OCE Administrator/designee and the Assistant Director for Operations/ designee will determine specifically what software and hardware combinations constitute OCE standard access.

(6) ISU or OCE technical support will configure a computer as specified in the Inmate Access to Automation Equipment and Work Assignment Request form.

(a) Login accounts will be created for the number of inmates specified in the form.

(b) An inmate shared folder(s) on the computer or network hard drive will be created. This folder(s) is the only authorized data storage location on the computer or network.

(7) No inmate shall be granted access to computer equipment or systems which contain data or are connected in any way to the DOC information system network unless the request for access has been reviewed, approved and recommended by either the DOC functional unit manager or the OCE functional unit manager and the Institutions Administrator. The Assistant Director for General Services shall determine final approval for such access.

(8) The inmate supervisor shall review the standards for computer use listed in OAR 291-086-0050 or 291-085-0060 with the inmate prior to allowing the inmate to use computer equipment.

(9) Inmate supervisors shall abide by all the department rules and standards governing inmate access to computer equipment. Inmate supervisors are responsible for all work done by inmates on computer equipment and shall:

(a) Perform periodic audits of software and data on the equipment to ensure appropriateness;

(b) Ensure that regular backups of department data are performed; and

(c) Maintain contingency plans for the accidental or willful destruction of data, software, or hardware.

(10) The DOC functional unit manager or designee or the OCE functional unit manager or designee shall maintain a file of all approved requests for inmate access to computer equipment and proof of licenses for installed software per computer.

(11) As appropriate, ISU or OCE technical support will perform random reviews of the DOC or OCE computer equipment respectively to ensure the configuration conforms to the configuration on the request form. The DOC or OCE functional unit manager may contact ISU or OCE technical support to request an audit of specific computer equipment.

(12) Any DOC or OCE manager may suspend the authorization for an inmate to use computer equipment if violations to this rule are suspected.

(a) The institution assignment office will be notified of the suspension and remove the inmate from the work assignment and place him/her on "Review" status.

(b) Staff shall remove the computer from the work area or secure it in such a manner as to ensure that inmates will not have access to it.

(c) As provided in this rule, the inmate supervisor(s) will audit the data on the computer and may request ISU or OCE to conduct an investigation of the computer equipment by sending a formal request to ISU or OCE management. DOC requests will be through the ISU Helpdesk. OCE requests will be through OCE technical support. Findings will be reported to the functional unit manager who signed the original request form.

(d) If rule violations are found to have occurred, appropriate actions will be taken including, but not be limited to, disciplinary misconduct reports, program failures, and permanent restriction from any DOC inmate work or program computer system.

(e) As part of this process, ISU or OCE technical support may recommend to the functional unit manager a course of action to mitigate any problem which arises because of an inmate's use of computer equipment.

(13) Any changes from the original Inmate Access to Automation Equipment and Work Assignment Request form, must follow the same approval process as a new request. Changes include hardware requirements, application software additions or deletions, modification to automation request purpose, and adjustments to the number of inmates using the automation equipment.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99; DOC 27-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 15-2000, f. & cert. ef. 6-19-00; DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0045

Approval Process for Inmate Computer Operator on a Work Assignment Computer

(1) Supervisors who need an inmate(s) for a work assignment which involves use of computer equipment shall submit a request through the institution assignment office. The assignment office will screen the inmate(s) for the appropriateness of the assignment and report any ineligibility to the requestor.

(2) Criterion that will exclude an inmate from working on computers includes, but is not limited to, computer crime or documented violation of this rule.

(3) Inmates approved for access to computer equipment must sign the Inmate Access to Automation Acknowledgement Statement (CD-1426B) prior to using the automation equipment.

(4) Inmates approved for access to computer equipment will need to obtain an inmate password from ISU or OCE.

(a) The supervisor shall request a password for the inmate by forwarding a copy of the Inmate Access to Automation Acknowledgement Statement (CD-1426B) to ISU or OCE.

(b) ISU or OCE will issue a password to the inmate.

(c) In the event the inmate shares the password, he/she shall send an Inmate Communication Form to the supervisor. The inmate supervisor shall request ISU or OCE to provide another password.

(d) The inmate supervisor shall inform ISU or OCE of any changes in inmate operator(s). ISU or OCE will update the inmate computer access to reflect the change.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 15-2000, f. & cert. ef. 6-19-00; DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0046

Approval Process for Inmate Computer Operator on a Program Assignment Computer

(1) Inmate access shall be restricted to those in an approved inmate program assignment. Inmate supervisors will determine inmate eligibility to program assignments requiring access to computers.

(2) The inmate supervisor shall request ISU provide a login account(s) for each program assignment computer. ISU will create the inmate login account(s). The login account will provide access to only the needed program assignment materials.

(3) The inmate supervisor shall inform ISU of any changes in a program assignment that requires access to other computer resources on the computer equipment. ISU will update the inmate login accounts to reflect the change.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0047

Approval Process for Inmate Computer Operator on a Resource Computer

(1) Inmate access to resource computer equipment (e.g., legal library) shall be restricted to services provided by department rule or policy.

(2) The inmate supervisor shall request ISU provide a login account for the resource computer equipment. ISU will issue a login account for the resource computer equipment. The login account will restrict inmate access to only the needed resources.

(3) The inmate supervisor shall inform ISU of any change in resource computer login requirement. ISU will update the inmate computer login to reflect the change.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0050

Standards for Use of Standalone Computer Equipment by Inmates

(1) No inmate shall be permitted to enter, view, update or manipulate information on computer equipment except as authorized by the DOC functional unit manager or the OCE functional unit manager.

(2) Once an inmate has been granted access to computer equipment, he/she shall not be allowed to use the equipment without specific assignment by supervising staff. No inmate shall create, modify or change programs or program scripts that will be used on the DOC Information System or DOC Inmate Network without the approval of the Assistant Director of General Services or his/her designee.

(3) An inmate shall be supervised at all times while using computer equipment.

(4) An inmate shall only use computer equipment which has been authorized in accordance with the department's rule on Inmate Access to Automation (OAR 291-086).

(5) An inmate shall not repair or modify computer equipment except as part of an authorized Department of Corrections workforce development program.

(6) An inmate shall not be allowed direct access to printers. Printers for inmate use shall be caged or secured to eliminate direct inmate access, except as authorized by the DOC functional unit manager or the OCE functional unit manager and Institutions Administrator. All print outs shall be reviewed by staff.

(7) An inmate shall not gather or store personal data relating to staff, contractors or volunteers.

(8) An inmate shall not view, gather or store personal data relating to members of the general public.

(9) An inmate shall not view, gather or store personal data relating to other inmates or offenders, unless authorized by department rule or policy.

(10) An inmate shall not have in his/her control or possession any computer media; e.g., diskettes, CDs or tapes except as authorized by supervising staff. An inmate shall not use or take computer equipment to his/her housing area or from his/her immediate work site without approval.

(11) An inmate shall not have any unique passwords, except as authorized by ISU or OCE. The password will be created, recorded, and issued by ISU or OCE and will not be changed by the inmate.

(12) An inmate shall not be allowed to manage any programs that affect inmate assignments or allocations.

(13) Without the approval of the Director or designee, no inmate shall create or maintain Internet or website content that is published to an official department Internet/web site.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 17-1999, f. 9-24-99, cert. ef. 10-1-99; DOC 4-2000, f. & cert. ef. 1-13-00 thru 6-19-00; DOC 15-2000, f. & cert. ef. 6-19-00; DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

291-086-0060

Standards for Use of Network Computer Equipment by Inmates

(1) No inmate shall be permitted to store any data on the computer or network hard drive except as authorized by the inmate supervisor. A folder(s) will be created by ISU or OCE and shall be the only authorized data storage location.

(2) Once an inmate has been granted access to computer equipment, he/she shall not be allowed to use the computer equipment without specific assignment by supervising staff. No inmate shall create, modify or change programs or program scripts that will be used on the DOC Information System or DOC Inmate network without the approval of the Assistant Director of General Services or his/her designee.

(3) An inmate shall be supervised while using computer equipment.

(4) An inmate shall only use computer equipment which has been authorized in accordance with the department's rule on Inmate Access to Automation (OAR 291-086).

(5) An inmate shall not repair or modify network computer equipment except as part of an authorized Department of Corrections workforce development program.

(6) An inmate shall not be allowed direct access to printers. Printers for inmate use shall be caged or secured to eliminate direct inmate access, except as authorized by the DOC functional unit manager or the OCE functional unit manager and Institutions Administrator or his/her designee. All print outs shall be reviewed by staff.

(7) An inmate shall not use the network for electronic communications with other inmates.

(8) An inmate shall not gather or store personal data relating to staff, contractors or volunteers.

(9) An inmate shall not view, gather or store personal data relating to members of the general public.

(10) An inmate shall not view, gather or store personal data relating to other inmates or offenders except as authorized by department rule or policy.

(11) An inmate shall not have in his/her control or possession any computer media, e.g., diskettes, CDs or tapes except as authorized by supervising staff. An inmate shall not use or take computer equipment to his/her housing area or from his/her immediate work site without approval.

(12) An inmate shall not have any unique passwords, except as authorized by ISU. The password will be created, recorded and issued by ISU or OCE and will not be changed by the inmate.

(13) An inmate shall not be allowed to manage any programs that affect inmate assignments or allocations.

(14) Without the approval of the Director or designee, no inmate shall create or maintain Internet or website content that is published to an official department Internet/web site.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 10-2004(Temp), f. & cert. ef. 9-28-04 thru 3-27-05; DOC 4-2005, f. 3-18-05, cert. ef. 3-21-05

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