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

 

DIVISION 201

INMATE ASSIGNMENT MANAGEMENT

291-201-0100

Authority, Purpose and Policy

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, 423.075 and Article I, Section 41 of the Oregon Constitution.

(2) Purpose: The purpose of these rules is to establish a process for ensuring and measuring departmental compliance in meeting the requirements of Article I, Section 41 of the Oregon Constitution, while adhering to practices that promote public safety and ensure the safe, secure, and orderly operation of department facilities.

(3) Policy: It is the policy of the Department of Corrections to create and maintain work and program opportunities for all inmates housed in its facilities, while ensuring inmates complete their Incarceration/Transition Plan and meet the requirements of Article I, Section 41 of the Oregon Constitution (Measures 17 and 49).

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 21-2000, f. & cert. ef. 8-18-00

291-201-0110

Definitions

(1) Allowed Absence: An inmate absence from all scheduled hours in a Measure 17 compliant assignment; due to scheduled and unscheduled health service/mental health visits, misconduct hearings, misconduct hold-ins, medical lay-ins, assignment-related counselor callouts, or threats to the safety/security of the facility; for which no daily points are earned in accordance with the Department of Corrections rule on Performance Recognition and Award System (OAR 291-117), but full scheduled hours are credited for purposes of measuring adherence to Measure 17.

(2) Allowed Interruption: An inmate absence from some but not all scheduled hours in a Measure 17 compliant assignment; due to scheduled and unscheduled health service/mental health visits, misconduct hearings, misconduct hold-ins, medical lay-ins, assignment-related counselor callouts, or threats to the safety/security of the facility, for which full scheduled hours are credited for purposes of measuring adherence to Measure 17.

(3) Approved programming: Inmate program assignments that are in compliance with the inmate's incarceration plan and Article I, Section 41 of the Oregon Constitution.

(4) Inmate Incarceration/Transition Plan (II/TP): A process through which specific need areas of an individual inmate are identified; and institution education, work-based education, treatment, and work resources are targeted, prioritized, and scheduled to address those needs in a systematic and progressive action plan.

(5) Measure 17 Compliant Assignment: Any scheduled activity that an inmate is required to attend, and which develops inmate motivation, work capabilities, and/or cooperation; approved by the Measure 17 Policy Oversight Committee. Measure 17 compliant assignments may include, but are not limited to:

(a) Work and training assignments in which inmates perform a service, produce a product, or are otherwise engaged in activities that emulate non-prison employment.

(b) Treatment assignments that address diagnosed mental or behavioral problems that are barriers to successful employment, including but not limited to alcohol and drug treatment or mental health day treatment; and

(c) Workforce development assignments intended to remove educational barriers (e.g., Adult Basic Education or English as a Second Language) or address personal deficits (e.g. Anger Management or Basic Living Skills that impede employment).

(6) Measure 17 Compliant Inmate: An inmate who attends 40 or more hours of Measure 17 compliant assignments per week, including allowed absences, allowed interruptions, and the security allowance. No less than 20 hours must be in work assignments.

(7) Measure 17 Policy Oversight Committee (POC): A committee comprised of representatives from all divisions, chaired by the Deputy Director, that reviews and approves any practice relating to Measure 17, including security operations.

(8) Security Allowance: Time required for institution procedures that provide for the safety and security of the public, correctional staff, and inmates.

(9) Special Housing: Housing assignments segregated from the general population, including disciplinary segregation, administrative segregation, intensive management unit, special management unit, and death row.

(10) Special Needs Inmate Evaluation Committee (SNIEC): Institution-based committees, comprised of staff appointed by the functional unit manager, that review special housing placements, special needs of inmates due to behavioral issues, and other issues as directed by each functional unit manager.

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 21-2000, f. & cert. ef. 8-18-00

291-201-0120

Assignment Provisions

Once program needs, health status, and work assignment eligibility are determined, inmates will be placed in approved programming by designated staff, as space and supervision capacities allow; and will be notified of their assignment schedules when assignments are made. Assignments shall be made in an effort to maximize the number of Measure 17 compliant inmates, in accordance with Measure 17 mandates and the provisions detailed below.

(1) Upon arrival to a department facility, inmates will be assigned to admission and orientation (A&O). This time is necessary to complete intake processing, educational testing, counselor interviews, and allow the inmate to make an initial adjustment to the institutional setting. The length of A&O will not exceed 30 days. However, programming (safety training, cognitive programming, etc.) may be added to extend A&O in some circumstances, upon review and approval by the POC. In such cases, written documentation will be on file at the facility to specify the type of programming added, a summary of the program content, and length of time added to A&O. While in A&O, inmates are exempt from the provisions of Measure 17.

(2) Inmates will be placed into a review program for no more than two weeks upon return from court, release from special housing, or release from the infirmary. File reviews, counselor interviews, investigation, and other associated tasks will be completed during this time. While in the review program, inmates are exempt from the provisions of Measure 17.

(3) Inmates will be placed into a pre-release program not more than 120 days prior to their projected release date. During this time, inmates will be considered fully compliant with Measure 17, and will concentrate on release/transition programming and planning. Counselors and assignment staff will determine if the inmate will continue with current program assignments. Although new or additional program assignments will not normally be made, inmates may be allowed to continue in current assignments.

(4) Health Services staff shall determine if an inmate has any medical restrictions which may limit or prohibit the inmate from participating in work assignments. Health Services staff will notify necessary facility staff of the restriction, its duration (where indicated), and any particular work areas the inmate may not be assigned (food services, physical plant, etc.). Inmates determined to be unable to participate in work assignments may be exempt from the provisions of Measure 17.

(5) Correctional Treatment Services staff determine if an inmate has any psychological restrictions which may limit or prohibit the inmate from fully participating in work assignments. Correctional Treatment Services staff will notify necessary facility staff of the restriction. Inmates determined to be unable to participate in work assignments may be exempt from the provisions of Measure 17.

(6) Inmates assigned to the SUMMIT program are considered Measure 17 compliant inmates.

(7) Inmates located in special housing may be assigned to work or program assignments, but are exempt from the provisions of Measure 17 for the duration of the housing assignment.

(8) Some inmates may be identified as too dangerous to work, and will be exempt from the provisions of Measure 17. The SNIEC at each facility (or a committee designated by the superintendent at facilities with no SNIEC) will identify inmates eligible for this status using a process that, at a minimum:

(a) Conservatively identifies eligible inmates within the facility;

(b) Reviews inmate history (work, misconduct, programming, housing, relationships, gang affiliation, etc.), conducting interviews when necessary, prior to inmate placement on this status;

(c) Does not allow inmate participation in work assignments during the placement;

(d) Performs monthly reviews of history and progress every 4-6 weeks, beginning a month after placement; and

(e) Removes inmates once risks/concerns diminish.

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 21-2000, f. & cert. ef. 8-18-00

291-201-0130

Attendance Reporting

(1) Staff who supervise inmates are responsible for enforcing attendance and documenting program participation for all inmates assigned to their supervision.

(2) Each inmate supervisor will be given an inmate attendance roster daily, listing all inmates assigned to their supervision. Inmate supervisors are responsible for filling out each roster completely, in accordance with department Inmate Attendance Reporting Guidelines.

(3) Staff will ensure that participating inmates attend Measure 17 compliant assignments for the entire duration of time scheduled, unless otherwise authorized and documented. Time missed from an assignment will negatively affect an inmate's credited hours, unless the time missed is due to an allowed absence or allowed interruption.

(4) All attendance rosters will be forwarded to the appropriate office for data entry within 24 hours.

(5) Inmate attendance information from each roster will be entered into the computer within three business days after completion of the assignment. Rosters will be retained for one year after data entry.

(6) Incomplete/Incorrect attendance rosters will be returned to the program supervisor for immediate completion or correction. These rosters will be evaluated by designated staff to determine if there is a training, performance, or systemic issue. Corrective action will be taken as appropriate.

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 21-2000, f. & cert. ef. 8-18-00

291-201-0140

Assignment Changes

In accordance with department's rule on Performance Recognition and Award System (OAR 291-117), designated staff have the authority to remove an inmate from a program assignment for reasons including, but not limited to, unsatisfactory performance, misconduct/behavior, program needs, safety/security issues, and schedule conflicts.

(1) If an inmate is removed from a program, staff shall reassign the inmate appropriately, and ensure the inmate is notified of the program change.

(2) If an inmate is failed from a program (or given a daily fail), staff shall fill out an Inmate Performance Failure Record (CD118aD) and distribute all necessary copies.

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 21-2000, f. & cert. ef. 8-18-00

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

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