Loading
The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF CORRECTIONS

 

DIVISION 107

PETITIONS (CIRCULATION IN FACILITIES)

 

291-107-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Administrator by the Director of Human Resources in accordance with ORS 179.040 and 423.060.

(2) Purpose: The purpose of this rule is to set guidelines to govern the circulation of petitions by inmates or others within a Department of Corrections facility.

(3) Policy: It is the policy of the Department of Corrections to assure that effective channels of communication between inmates, community, and staff exist. Suggestions for improvements are welcome and encouraged. Those inmates and/or community persons who have not been able to resolve problems through other available channels (i.e., the Ombudsman, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the facility manager in accordance with the procedures included in this rule.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 32-1978, f. 10-24-78, ef. 10-25-78; CD 22-1985, f. & ef. 8-5-85; CD 38-1986, f. & ef. 10-17-86

291-107-0010

Definitions

(1) "Department of Corrections Facility": An institution or its satellite, release center, or office, including the grounds, operated by the Department of Corrections.

(2) "Functional Unit": Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(3) "Functional Unit Manager": Any person within the Department of Corrections who reports to either the Administrator or an assistant administrator and has day-to-day responsibility for the delivery of program services or coordination of program operations.

(4) "Inmate": Any person under the supervision of Department of Corrections who is not on parole or probation status.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 32-1978, f. 10-24-78, ef. 10-25-78; CD 22-1985, f. & ef. 8-5-85; CD 38-1986, f. & ef. 10-17-86

291-107-0015

Procedures

(1) Those inmates and/or community persons who have not been able to resolve problems through other available channels (i.e., the Ombudsman, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated with the approval of the functional unit manager as directed in this rule. Circulation of a petition is a process through which inmates can show support for community endeavors. Any inmate or other person desiring to circulate a petition will present the petition to the functional unit manager adding any supporting information that would justify its approval. Permission to circulate petitions within a Department of Corrections facility will be approved if:

(a) There is factual information;

(b) All other available avenues to remedy a problem or seek a solution to the issue or subject of the petition have been exhausted;

(c) The outcome of circulating the petition has the potential to benefit or improve the facility population or the people of the State of Oregon;

(d) Circulation of the petition would not seriously disrupt the order and security of the facility.

(2) The functional unit manager will respond, in writing, within ten days and will:

(a) If the petition is approved, advise the petitioner of the manner in which the petition may be circulated;

(b) If the petition is denied, advise the petitioner of reason for denial.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 32-1978, f. 10-24-78, ef. 10-25-78; CD 22-1985, f. & ef. 8-5-85

291-107-0020

Implementation

These rules will be implemented immediately, without modification, by all functional unit managers.

Stat. Auth.: ORS 179 & ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 32-1978, f. 10-24-78, ef. 10-25-78; CD 22-1985, f. & ef. 8-5-85; CD 38-1986, f. & ef. 10-17-86

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

© 2013 State of Oregon All Rights Reserved​