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: The purpose of this rule is to establish a uniform process for review and approval of proposals for research projects to be conducted within the Department of Corrections.

(3) Policy: It is the policy of the Department of Corrections to conduct research projects that will yield information to help the Department improve its effectiveness. Research projects may be conducted by Department staff, contract services, or by students and others with interest in correctional services.

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 27-1978, f. 9-13-78, ef. 9-15-78; CD 29-1983(Temp), f. & ef. 9-1-83; CD 35-1983, f. & ef. 10-14-83; CD 12-1985, f. & ef. 7-31-85; CD 14-1986, f. & ef. 6-30-86; CD 2-1994, f. 1-13-94, cert. ef. 2-1-94

291-035-0010

Definitions

"Research": The systematic collection, analysis and presentation of data across control or comparison groups.

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 27-1978, f. 9-13-78, ef. 9-15-78; CD 12-1985, f. & ef. 7-31-85; CD 2-1994, f. 1-13-94, cert. ef. 2-1-94

291-035-0015

Procedures

(1) The Director may designate a Research Council. The Research Council will:

(a) Review all research proposals within the Department;

(b) Recommend research priorities to the Director;

(c) Coordinate research activities conducted within the Department and research conducted in cooperation with other state agencies; and

(d) Serve as an advisory body to the Department's Research and Program Analysis Unit.

(2) The Research Council will form a Research Screening Committee of three persons. The Research Screening Committee will, if necessary, review research projects within two weeks of the Department's receiving the proposal. The Research Screening Committee, after consultation with the managers of functional units affected by the project, may directly approve the proposal when the proposal's nature and circumstances require quick response:

(a) Ordinarily, the Research Screening Committee will review proposals that:

(A) Cause minimal disruption in Department tasks;

(B) Require no significant Department resources;

(C) Are of short duration; and

(D) Are proposed by a college or university student.

(b) The Research Screening Committee may need to act in situations where a grant is available, and the application deadline is near;

(c) The Research Screening Committee will refer on to the Research Council all proposals deemed to merit full Research Council consideration.

(3) All research proposals consider:

(a) If the research question is relevant and of importance to the Department;

(b) If the proposal is ethically sound;

(c) If the proposal addresses human rights and protection of human subjects concerns, as appropriate;

(d) If the proposal presents an adequate background and review of relevant literature;

(e) If the proposal presents reasonable goals and measurable objectives;

(f) If the proposal presents an understandable and adequate methodology, including subject selection, identification of experimental variables, data collection, data analysis, and data presentation; and

(g) What expenses or utilization of resources, if any, will be borne by the Department.

(4) Proposal authors may be asked to make formal presentations to the Research Council or the Research Screening Committee.

(5) Functional unit managers whose units are directly affected by a research proposal will be consulted by the Research Council or Research Screening Committee prior to the approval.

(6) Proposals requiring Department policy decisions will be referred to the Department Assistant Directors, as appropriate.

(7) Minutes will be kept of each proposal review meeting, and a brief summary will be prepared summarizing the Committee's or Council's decision, and conditions of proposal acceptance. Conditions will ordinarily include at least updating the Council and preapproval by the Council of distribution of study findings.

(8) While the Department will not forbid the researcher from distributing accurate data, the Department may insist on including a disclaimer if it believes assumptions about the data are flawed.

(9) Functional unit managers will ordinarily arrange for implementation of approved research projects.

(10) Decisions of the Research Screening Committee may be appealed in writing to the Research Council. Decisions of the Research Council may be appealed in writing to the Director of the Department of Corrections.

(11) Individuals and agencies considering submission of research proposals should be aware that the proposal will be denied if the project would:

(a) Expose any Department of Corrections inmate, offender, or employee, with or without informed consent, to involvement in medical, psychiatric, or psychological experimentation or research within the meaning of ORS 421.085 or other statutes;

(b) Require the disclosure of information protected by the provisions of ORS 179.505, 192.502, or other statutes;

(c) Pose appreciable hazard to the life or health of any human being, to state property, to the security, sound order, or discipline of any institution, or to the mission of the Department of Corrections or any of its functional units; or

(d) Permit personal contact by other than Department of Corrections or law enforcement personnel with any current or former Department of Corrections inmate or offender, or with any other person concerning any current or former Department of Corrections inmate or offender, without the informed consent of the individual(s) concerned.

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 27-1978, f. 9-13-78, ef. 9-15-78; CD 29-1983(Temp), f. & ef. 9-1-83; CD 35-1983, f. & ef. 10-14-83; CD 12-1985, f. & ef. 7-31-85; CD 14-1986, f. & ef. 6-30-86; CD 2-1994, f. 1-13-94, cert. ef. 2-1-94