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

DEPARTMENT OF CORRECTIONS

291-015-0015

Recruitment

(1) To recruit a volunteer or student intern, a position description proposal will be written and submitted to the appropriate manager for approval.

(2) A position description proposal will be submitted by the manager to the volunteer coordinator who will secure a decision concerning approval.

(3) Volunteers and student interns who best meet program needs will be recruited from all ethnic, cultural, and economic segments of the community.

(4) Any volunteer or student intern who leaves the program will return his/her ID card to the volunteer coordinator.

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 16-1978, f. 8-17-78, ef. 8-18-78; CD 29-1980, f. & ef. 9-17-80; CD 26-1986, f. & ef. 8-20-86; CD 2-1996, f. 2-26-96, cert. ef. 3-1-96

291-015-0025

Orientation and Training

(1) Training: Volunteers and student interns will be required to complete the Department of Corrections core training program for volunteers.

(2) Facility orientation(s) will be coordinated by the volunteer coordinator including, but not limited to, the following:

(a) Functional unit safety and security procedures;

(b) Fire safety and emergency evacuation plan;

(c) Responsibilities during any emergency;

(d) Supervisor's name and line of authority;

(e) List of primary rules and procedures associated with services provided;

(f) Time and place to report for service and whom to call when unable to report for duty; and

(g) Walk through the facility for familiarization.

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 16-1978, f. 8-17-78, ef. 8-18-78; CD 29-1980, f. & ef. 9-17-80; CD 10-1985, f. & ef. 7-31-85; CD 26-1986, f. & ef. 8-20-86; CD 2-1996, f. 2-26-96, cert. ef. 3-1-96

291-015-0100

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 policy that will help the department fulfill its volunteer goals:

(a) To foster a respected and recognized volunteer community of appropriate size and quality that is capable of serving the rehabilitative, religious/spiritual, and other correctional needs of inmates from incarceration to reentry back to the community; and

(b) Provide support to staff in furtherance of the mission of the department.

(3) Policy: It is the policy of the Department of Corrections to utilize volunteers and student interns with appropriate training, guidance, and supervision as a means to enhance programs and further the mission of the department.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0105

Definitions

(1) Affiliation: An organization; such as a school, college, university, agency, faith group, spiritual group, 12-step program, non-profit corporation or foundation, or similar type organizations, that has defined structure and recognition as a legitimate organization in the community.

(2) Endorser: An official of the volunteer's affiliation who has the authority to certify to the department that the volunteer is endorsed by that group to provide services for inmates. If the volunteer is the endorser for his/her affiliation, another official of the affiliation will need to provide the endorsement.

(3) Functional Unit: Any organizational component within the department responsible for the delivery of services or coordination of programs.

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

(5) Facility Volunteer Coordinator: A facility employee assigned by the functional unit manager, who as part of his/her job, assists the volunteer program manager and volunteer program representatives in conducting the volunteer program at a particular facility or functional unit. Functional units may also have volunteer coordinators.

(6) LEDS: Law Enforcement Data System.

(7) Programs: Activities such as religious services, education classes, self-help meetings, and clubs that are established solely at the discretion of the department to meet its needs and those of the inmates.

(8) Student Intern/Practicum: An approved student in a college or university who, as part of an academic program, donates time and effort to enhance the mission, activities and programs of the department and to further his/her professional development. Student interns may be stipend or non-stipend. For purposes of these rules, wherever the term "carded volunteer" is used, it shall also apply to student interns.

(9) Superintendent: The functional unit manager of a correctional facility.

(10) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities and programs of the department. Volunteers serve at the pleasure of the department and are not considered employees. The following are categories of volunteers.

(a) Non-carded-volunteer: An individual who:

(A) Participates in nonrecurring programs of limited duration; or

(B) Volunteers less than six times a year; or

(C) Wishes to have an experience of volunteering as part of the process of deciding whether or not to be a volunteer and may serve in this capacity for up to six visits to a facility after which the individual must cease volunteering or become a carded-volunteer; or

(D) Is being evaluated for approval as a carded-volunteer and may serve in this capacity for up to six visits to a facility after which the individual must cease volunteering or be become a carded-volunteer. The superintendent or functional unit manager in consultation with the volunteer program manager or designee may extend the evaluation period on a case-by-case or facility-by-facility basis. However, completion of volunteer training is required for those volunteers whose non-carded status is extended.

(b) Carded-volunteer: An individual who has completed a volunteer application, volunteer training, facility orientation, and functional unit orientation, and who has been approved by a functional unit manager or his/her designee.

(11) Volunteer Information Management System (VIMS): A computerized database used to manage the volunteer program and to control access of volunteers to facilities.

(12) Volunteer Position Description: Form CD 1362 used to define the duties of a volunteer or student intern.

(13) Volunteer Program Manager: A Religious Services staff member who oversees, manages and conducts the volunteer program for the department as part of the religious services management team.

(14) Volunteer Program Representative: A Religious Services staff member who reports to the volunteer program manager and assists in program development and management at a specific facility or facilities arranged on a regional basis.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0110

Program Supervision

(1) Religious Services is responsible for the establishment, development and management of the overall structure and operation of the volunteer program on behalf of the entire department.

(2) The volunteer program manager oversees and provides department-wide direction on the use of volunteers. Responsibilities include administration of the volunteer program, volunteer rule interpretation, the development of department volunteer policies and procedures dealing with the utilization, recruitment, training, and management of volunteers.

(3) The volunteer program representative is responsible for recruiting, training, and coordination of volunteers; assists in the development of department policies and procedures dealing with volunteers and their utilization; and represents the volunteer program in the community.

(4) The Volunteer Information Management System (VIMS) is utilized to monitor and control volunteer access to facilities. It is the repository of demographic, performance, emergency, medical, and other information on volunteers.

(5) The facility volunteer coordinator is primarily responsible for arranging for volunteer ID cards and facility orientation. Other responsibilities such as recruitment, coordination and utilization of volunteers, providing information to update the volunteer information management system, acting as the volunteer contact person on behalf of the superintendent, etc., may be assigned by agreement between the functional unit manager/superintendent and the volunteer program manager.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0115

Recruitment

(1) Prospective volunteers who best meet program needs will be recruited from all ethnic, cultural, gender and economic segments of the community.

(2) Recruitment will be based on the needs of inmates and functional units, subject to space and schedule limitations of the facility, and the availability of department staff to supervise volunteers.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0120

Selection

(1) A prospective volunteer, whose endorser has recommended them to the department, will be interviewed by facility personnel who will supervisor the volunteer. If the supervisor approves the volunteer, the volunteer's name and address will be submitted to the volunteer program to be included in a volunteer training. A prospective volunteer who does not have an affiliation/endorser may be granted volunteer status with the approval of the functional unit manager or superintendent and the volunteer program manager or designee.

(2) Security Clearance: The purpose of clearance is to ensure not only the safety and security of department facilities but also to ensure that volunteers are appropriate role models for inmates. To become a volunteer or to continue to volunteer the individual must clear the following five sets of criteria:

(a) LEDS: To clear LEDS, the volunteer must have:

(A) No felony or misdemeanor convictions or incarcerations in the past five years. When a prospective volunteer has a felony or misdemeanor conviction or was incarcerated in the past five years, but not the past three years, the prospective department supervisor may request a review by the superintendent(s) of the facility(ies) where the prospective volunteer would perform volunteer activities. If approved by the superintendent(s), the prospective volunteer may become a volunteer providing he/she meets the other requirements of this rule. Juvenile offenses and adjudications are excluded for purposes of LEDS clearance.

(B) No outstanding warrants or pending criminal charges.

(C) No felony or misdemeanor convictions for introduction and/or supplying, attempting or conspiring to introduce or supply contraband as defined in ORS 162.185 or possession, control or delivery of an explosive device or substance, including attempt or conspiracy to do the same, or assisting an inmate to escape or unlawful departure from a correctional facility, including an attempt or conspiracy to do the same.

(D) Current (less than a year old) LEDS clearance is required for all volunteers.

(b) Driving record: The volunteer may not have been convicted of Driving Under the Influence of Intoxicants (DUII) in the past two years or non-infraction Driving While Suspended (DWS) in the last year. The number and type of other driving offenses/convictions may be considered in determining if the volunteer is a good role model for inmates.

(c) The Visitor Tracking System (VTS): A volunteer may not be on an inmate visiting list, except for an immediate family member as defined in the department's rule on Visiting (Inmate) (OAR 291-127). In the case of immediate family member, the volunteer may not serve at the facility where the immediate family member is housed.

(d) Verifiable affiliation and active participation in a recognized community or religious organization. The volunteer program manager or designee and the functional unit manager must approve exceptions when the volunteer has no identifiable affiliation.

(e) Department Criteria:

(A) No prospective volunteer or volunteer may enter or serve in a facility where a co-defendant in any criminal act is incarcerated.

(B) No prospective volunteer shall receive volunteer status or be allowed to enter a department facility, if they have been determined by the department to have possessed, introduced and/or supplied a controlled substance or drug related paraphernalia, tobacco or money in excess of $5 to an inmate or other person in a department facility.

(C) No prospective volunteer shall receive volunteer status or be allowed to enter a department facility, if they have been determined by the department to have engaged in a sexual or other inappropriate relationship with an inmate.

(D) Prospective volunteers must disclose on their volunteer application any connection to department inmates such as friends, neighbors and relatives who are incarcerated; and if they are a crime victim, who the inmate(s) is/are who committed the crime. The volunteer program manager or designee will review this information with the volunteer's supervisor and facility superintendent to determine if the applicant should be approved as a volunteer. Carded volunteers must notify the volunteer program manager in writing should any connection with a department inmate(s) develop within 30 day of becoming aware of the connection. The volunteer program manager or designee will review this information as above and make a determination whether or not the volunteer can safely continue volunteer service.

(3) Persons with Prior Criminal Convictions: Prospective volunteers with prior felony or misdemeanor convictions who meet the above listed criteria may be approved when the following additional criteria have been met:

(a) May be under supervision, but must have no parole/probation violations in the past three years and have a letter of recommendation from his/her parole officer. The letter must be verified by the volunteer program manager or designee;

(b) No unresolved or pending criminal charges; and

(c) Prospective volunteers with a prior felony or misdemeanor conviction who perform services inside a correctional facility must have the approval of the superintendent at each facility where the service is to be provided. If the facility is not a correctional facility, (e.g., administrative offices), approval of the functional unit manager is required.

(4) Approval by one superintendent is sufficient for prospective volunteers with no criminal history who provide services at more than one department facility.

(5) The facility supervisor must insure that a perspective volunteer has security clearance and all necessary approvals before access to the facility is allowed.

(6) The superintendent may approve those who do not meet the criteria under (2) and (3) above to enter a facility as a non-carded-volunteer on a case-by-case basis, except that under no circumstances can the requirement in (2)(a) be waived.

(7) A prospective volunteer must complete a volunteer/intern application. he completed application shall be reviewed and approved by the volunteer program manager or a volunteer program representative or designee.

(8) 12-Step/Narcotics Anonymous (NA)/Alcoholics Anonymous (AA) and other substance abuse self-help group volunteers must be able to verify that they have had continuous sobriety under nonresidential, independent living conditions for the immediate past two years. These volunteers must be actively involved in 12-Step/NA/AA or similar self-help groups in the community.

(9) Religious Services volunteers may only represent a single spiritual/religious tradition, one that is generally recognized as a legitimate tradition by the broader faith community and may only teach and lead activities associated with that tradition. The Religious Services Administrator or designee may grant an exception to these requirements based on the programming needs of inmates and the qualifications of the volunteer. Volunteers must be active participants in that spiritual/religious tradition in the community.

(10) Employees, ex-employees not terminated for cause, retired employees, and contractors may serve as volunteers with the concurrence of the superintendent where the volunteer is to provide services. The employee's volunteer activities must be substantially different from the employee's job responsibilities. The differentiation must be noted in the position description.

(11) A student intern shall be recommended to the department by the appropriate official of the school, college, or university where the intern is enrolled.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0125

Training and Orientation

(1) Volunteer training that has been approved by the volunteer program manager or designee is required for carded-volunteer status. Volunteers must complete volunteer training within 60 calendar days of the end of non-carded status. Extensions may be granted by the volunteer program manager or designee.

(2) Facility orientation by the facility volunteer coordinator or other facility staff will be provided to a carded-volunteer before the start of service in the facility.

(3) Functional unit orientation will be provided by the department supervisor or designee to whom the carded-volunteer has been assigned.

(4) In-service training and other training may be offered periodically.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0130

General

(1) Carded-volunteers may be approved to access more than one facility. Access must be in compliance with the department's rule on Facility Access (OAR 291-016). If a volunteer is assigned to more than one facility, the volunteer must complete a facility orientation at each facility. The volunteer's facility supervisors will notify the superintendent or designee that the volunteer will be serving at that facility before the volunteer begins service. The superintendent has final authority over who may enter the facility.

(2) Volunteer ID Card:

(a) Within 60 calendar days of a volunteer being approved to continue volunteering past non-carded status, the volunteer's facility or functional unit supervisor will arrange with the facility volunteer coordinator for fingerprinting and facility orientation and will submit to the volunteer program manager or designee an ID card request form. The volunteer program manager or designee must approve exceptions.

(b) Carded-volunteers may enter authorized facilities only at their scheduled time and go unescorted from the place of check-in to the place where their program is held within the facility unless the superintendent requires that some or all volunteers be escorted and in that case, the facility will provide staff to escort the volunteers.

(c) When a volunteer's services are ended, the ID card must be returned to the department.

(d) If a volunteer does not enter a department facility to do volunteer work at least three times in a calendar year, a review must be conducted by the volunteer program to determine if the volunteer should be returned to non-carded status.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0135

Utilization

(1) Any services provided by the volunteer must be listed on the volunteer's position description. If a volunteer provides services to more than one facility/functional unit and the services vary from one to another, a position description shall be created for each service. Position descriptions must be updated prior to any change in the services provided by the volunteer. The volunteer may only perform those services specified in the position description.

(2) Volunteers shall not be placed in positions of authority over department employees or contractors.

(3) Volunteers shall not perform professional services requiring certification or licensing unless the volunteer program manager, volunteer program representative or designee verifies the validity of the license.

(4) Volunteers may provide volunteer services in the community as well as in facilities provided it is in their position description. Reentry/community-based volunteers may be given ID cards when frequent access to facilities is a regular part of the service they are providing. All reentry/community-based volunteers shall complete volunteer training, other training the functional unit manager may require, and complete a volunteer application. Those reentry/community-based volunteers who are issued ID cards must meet the same security clearance criteria as other carded volunteers.

(5) Non-carded-volunteers shall be admitted to facilities utilizing a visitor authorization form and must be escorted and supervised by department staff or a carded-volunteer approved by the superintendent or designee. Non-carded-volunteers who enter facilities using the visitor authorization form, are not considered as facility visitors as defined in the department's rule on Facility Access (OAR 291-016).

(6) If a volunteer severs connection with an endorser, the volunteer's service to the department shall end immediately. The volunteer may reapply after 90 days of active association with a new endorser/ affiliation. Exceptions may be granted by the volunteer's functional unit manager or designee.

(7) Volunteers shall be treated with the same respect as staff and recognized as having unique roles that differ from, but are complimentary to staff roles.

(8) Volunteers may not give or receive gifts from inmates. There may be circumstances where a group of inmates may wish to present some token of their appreciation to a volunteer, or a group of volunteers may want to present a group of inmates some token of accomplishment. Such cases must have prior approval of the functional unit manager and the item given must be of minimal economic value such as a certificate of appreciation or a simple plaque.

(9) An employee approved to serve as a volunteer shall observe boundaries around the supervision of inmates so that, as a volunteer, the employee does not exercise greater authority than is appropriate for a volunteer.

(10) Direct physical supervision of a carded-volunteer may not be necessary when other forms of supervision and the use of radios, body alarms, surveillance cameras or similar devices are available to help ensure the safe and orderly functioning of the volunteer's program In such cases, the superintendent or designee will determine the appropriate level of supervision.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0140

Issuance and Use of Motor Vehicles

(1) A volunteer may use an official state vehicle while engaged in the performance of official state business on behalf of the department with written authorization by the functional unit manager.

(2) A volunteer shall comply with the provision of the department's policy on Vehicle Use and Reporting of Accidents.

(3) The functional unit manager may approve mileage reimbursement of a private vehicle where a special service is being performed. In these cases, the volunteer must provide the functional unit manager with proof of insurance coverage on his/her private vehicle.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0145

Rule Violations and Unsafe Practices

(1) If a volunteer is arrested or convicted of a criminal offense (felony or misdemeanor) or if there is a recurrence of alcohol/drug abuse, the volunteer shall report this in a timely manner to their department supervisor and the volunteer program manager or designee. A review will be conducted to determine if the volunteer may continue to serve.

(2) When it is suspected that a volunteer may have violated a department rule, policy, procedure, or a state or federal law, or a volunteer has engaged in an act that endangers the safe and orderly operation of a facility or threatens the rehabilitative nature of the department's mission, the volunteer may be suspended pending a review by the volunteer program manager or designee in consultation with the functional unit manager or designee.

(a) After reviewing the facts of the situation, the volunteer program manager or designee will present the findings and make a recommendation to the volunteer's department supervisor and the functional unit manager.

(b) The functional unit manager will, in consultation with the volunteer program manager or designee and the volunteer's department supervisor, decide the appropriate course of action. When appropriate, preference will be given to additional training and supervision over termination of a volunteer's service.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

291-015-0150

Ending of Volunteer Service and Reinstatement

(1) A volunteer's service may be ended:

(a) For violation of department rules or policies;

(b) When there is no longer a need for the volunteer's services;

(c) When the volunteer has not provided services to the department in a year;

(d) When the volunteer requests it;

(e) When the volunteer fails to respond to a department inquiry;

(f) When the volunteer's supervisor, the volunteer program manager, and the functional unit manager or their designees deem it in the best interest of the department and/or the volunteer.

(2) Termination for cause:

(a) The volunteer program manager will confirm the termination in a letter to the volunteer.

(b) Appropriate documentation will be maintained by the volunteer program manager in accordance with departmental standard for archiving records.

(c) The volunteer program manager will send a memo to the superintendents, department ID card coordinator, and other interested parties giving notice of the action taken.

(d) The volunteer's endorser and affiliation will be notified when applicable.

(e) If termination is based on an inappropriate relationship with an inmate(s), the volunteer will be denied access to that inmate(s) including as an inmate visitor.

(f) If a student intern's service is terminated for cause, the college or university will be notified.

(3) Reinstatement after termination for cause:

(a) A volunteer who was terminated for cause may apply for reinstatement after a waiting period of not less than a year. The request for reinstatement shall be reviewed by the volunteer program manager, superintendent or designee or functional unit manager or designee, and the volunteer's previous supervisor. After the review is completed, the superintendent and/or functional unit manager shall make the final decision. If reinstatement is denied, the volunteer must wait at least another year before seeking reinstatement.

(b) If reinstatement is granted, the individual making the request shall fill out a new volunteer application and attend the training required of a new volunteer. The volunteer's affiliation will be verified. If the volunteer is endorsed, the endorser must be contacted and consent to the reinstatement.

(c) The reinstated volunteer will serve a one-year probationary period during which his/her supervisor will monitor the volunteer's activities regularly.

(d) The reinstatement may be made conditional on other remedial activities as well.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 7-2004, f. & cert. ef. 8-9-04

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