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

 

DIVISION 93

DEATH ROW HOUSING UNIT 

291-093-0005

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 establish guidelines for the daily operation of death row at the Oregon State Penitentiary.

(3) Policy: It is the policy of the Department of Corrections to assign inmates with a sentence of death to the Death Row Housing Unit or to a Death Row status cell.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 14-1989(Temp), f. & cert. ef. 7-11-89; CD 24-1994, f. 12-21-94, cert. ef. 1-3-95; DOC 11-2012(Temp), f. & cert. ef. 11-5-12 thru 5-4-13; DOC 4-2013, f. & cert. ef. 4-15-13

Procedures

291-093-0007

Housing Assignment

All cell moves shall be initiated by the housing unit officer-in-charge for the enhancement of security within the unit.

Stat. Auth.: ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 17-1989(Temp), f. & cert. ef. 8-29-89; CD 27-1989, f. & cert. ef. 12-29-89

291-093-0010

Property

(1) Inmates on death row status shall be allowed the same property in their cells as inmates in the general population with the exception of those items which pose a threat to the safety and security of the unit. Any restriction of property shall be determined by the housing unit officer-in-charge and authorized by the Assistant Superintendent Security.

(2) All property in cells must be stored in issued containers and on assigned shelves. No items shall be stored in other than designated areas.

(3) Inmates shall be allowed one set of clothes in the cell.

(4) Nothing shall be placed on the border or around the border of the bulletin board.

(5) Radios and/or Televisions:

(a) Headphones/earphones shall be worn in the traditional manner when individual inmate radios and/or televisions are in use in housing units;

(b) The volume will be kept at a level that cannot be heard outside the inmate's cell or individual housing unit;

(c) Radios/televisions shall not be opened or altered by inmates;

(d) No repairs on radios/televisions will be allowed except warranty work through the canteen.

(6) Property shall not be placed on cell bars or be used to obstruct security.

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 14-1989(Temp), f. & cert. ef. 7-11-89; CD 24-1994, f. 12-21-94, cert. ef. 1-3-95

291-093-0013

Sanitation

Inmates on death row status are responsible for cleanliness of their cells. All cells must be clean and in a sanitary condition at all times. Items issued at each meal must be consumed during that meal. No foodstuffs may be stored in cells.

Stat. Auth.:ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 17-1989(Temp), f. & cert. ef. 8-29-89; CD 27-1989, f. & cert. ef. 12-29-89

291-093-0015

Services and Activities

(1) Canteen: Inmates may be allowed the canteen items available to general population. Upon recommendation of the housing unit officer-in-charge, the Assistant Superintendent, Security, may remove canteen items which pose a threat to the safety and security of the housing unit.

(a) Because of safety and security concerns, no metal items or glass containers shall be permitted. Items in glass containers shall be transferred into a different container. Radio batteries shall be exchanged on a one-for-one basis only;

(b) Access to the canteen may be on a weekly basis. Each week canteen is permitted, canteen slips shall be handed out based on a schedule to be determined by the officer-in-charge with the approval of the Assistant Superintendent, Security. The slips are to be placed on the cell bars on the following day to be picked up. Canteen slips are to be filled out in triplicate and must include the inmate's name (legibly printed), SID number, cell number and any substitute item.

(2) Clothing:

(a) A clean set of outergarments and undergarments shall be provided on an exchange basis three times per week;

(b) Coats may be issued for yard, transport or escort purposes only. Issued coats shall not be permitted in the cell;

(c) One knit cap may be issued;

(d) Institutional or personal shoes may be issued.

(3) Exercise:

(a) Each inmate may be provided an opportunity for inside exercise a minimum of 40 minutes per day (which may include shaving and showering), seven days per week;

(b) Inmates may be provided an opportunity for outside exercise for one hour per day a minimum of five days per week, if they choose to participate. Inmates choosing to forgo the outside exercise period will be allowed the indoor exercise period only;

(c) Exercise shall be conducted in an area and manner specified by the housing unit officer-in-charge unless security, staff availability or safety considerations dictate otherwise as authorized by the Assistant Superintendent, Security;

(d) In the event of inclement weather, protective clothing may be provided.

(4) Mail: Each inmate on death row status shall be allowed to correspond in accordance with the Department of Corrections rule on Mail (Inmate) (OAR 291-131). The housing unit officer-in-charge shall inspect all incoming mail prior to distributing to inmates. Legal mail shall be opened in the presence of the inmate except as outlined in the Rule on Mail (Inmate) (OAR 291-131).

(5) Telephone Services: One telephone is provided to inmates on death row status. Inmates may place collect calls during inside exercise periods. Legal and staff-assisted phone calls shall be allowed as provided in the Department of Corrections rule on Telephones (Inmate) (OAR 291-130).

(6) Visiting: Visiting shall occur in accordance with the Department of Corrections rules on Capital Punishment (Death by Lethal Injection) (OAR 291-24) and Visiting (Inmate) (OAR 291-127).

(7) Religious Services: Nondenominational religious coun-seling will be available to inmates on death row status, with a minimum one half-hour counseling per week.

(8) Education Services: Inmates on death row status may obtain educational materials by submitting an Inmate Communication to the Academic Manager who shall forward the request to the proper instructor. The instructor shall provide the necessary materials to the Assistant Superintendent, Security or designee for review prior to the materials being forwarded to the inmate.

(9) Other: The following shall be provided in accordance with security requirements as approved by the Assistant Superintendent, Security:

(a) Food;

(b) Linen;

(c) Personal Hygiene;

(d) Medical/dental/psychological/psychiatric services;

(e) Request forms;

(f) Reading;

(g) Work opportunities; and

(h) Legal materials and activities.

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 14-1989(Temp), f. & cert. ef. 7-11-89; CD 17-1989(Temp), f. & cert. ef. 8-29-89; CD 27-1989, f. & cert. ef. 12-29-89; CD 24-1994, f. 12-21-94, cert. ef. 1-3-95

291-093-0020

Suspension of Services or Activities

If an inmate is using any service or activity in a destructive manner, or manner that threatens the safety or security of the inmate or others, that service or activity may be suspended or modified as determined by the housing unit officer-in-charge and approved by the Assistant Superintendent, Security. A written report will follow within 24 hours.

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 14-1989(Temp), f. & cert. ef. 7-11-89; CD 24-1994, f. 12-21-94, cert. ef. 1-3-95

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