The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF CORRECTIONS

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: Provide community protection by the apprehension and arrest of offenders who engage in violation behavior or are subject to an arrest warrant. Arrest shall be made in the appropriate manner as prescribed by law (ORS 137.550; 144.331; 144.334, 144.350, 144.360, 144.610 and 144.613) and this rule.

Stat. Auth.: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.545, 144.331; 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 5-2006, f. & cert. ef. 7-24-06

291-014-0110

Definitions

(1) Arrest: To place an offender under actual or constructive restraint or to take a person into custody.

(2) Offender: Any person under supervision who is on parole, post-prison supervision, transitional leave, local control or probation status.

(3) Officer: Any state parole and probation officer certified as such by the Department of Public Safety Standards and Training (DPSST).

(4) Reasonable Grounds: Exists when facts and circumstances within the officer's knowledge are sufficient to justify a belief that a violation has occurred.

(5) Warrant: A written order made on behalf of the releasing authority, or the court, which commands the officer to arrest the offender.

Stat. Auth.: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.545, 144.331; 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 5-2006, f. & cert. ef. 7-24-06

291-014-0120

Arrest

(1) Any parole/probation officer who is trained annually in DPSST arrest procedures, use of restraints, less than lethal force options, and defensive tactics may make an arrest. Other specific arrest training may be substituted with approval of the local state director.

(2) When a warrant has been issued for an offender by the releasing authority or the Court, based on a violation of a release condition, the supervising officer shall cause the execution of any arrest warrant.

(3) In all other arrest cases, at least one of the following criteria must be met:

(a) Reasonable grounds that a violation(s) has occurred and is serious enough to warrant a recommendation of incarceration;

(b) The offender's behavior constitutes a real threat or danger to the community or to himself/herself.

Stat. Auth.: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.545, 144.331; 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 5-2006, f. & cert. ef. 7-24-06

291-014-0130

Transport

(1) Transporting officer(s) will use Department of Corrections approved vehicles.

(2) Whenever possible, transports should be conducted in caged vehicles.

(3) When transporting an offender, refer to attachment A for recommended positioning of offender(s) and officer(s).

[ED. NOTE: Attachment referenced are available from the agency.]

Stat Auth: ORS 137.545, 144.350, 144.360, 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 137.545, 144.331; 144.334, 144.350, 144.360, 144.610, 144.613, 179.040, 423.020, 423.030, 423.075
Hist.: DOC 5-2006, f. & cert. ef. 7-24-06

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