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

DEPARTMENT OF CORRECTIONS

291-048-0005 [Renumbered to 291-048-0100]

291-048-0010 [Renumbered to 291-048-0110]

291-048-0013 [Renumbered to 291-048-0115]

291-048-0015 [Renumbered to 291-048-0130]

291-048-0020 [Renumbered to 291-048-0140]

291-048-0025 [Renumbered to 291-048-0150]

291-048-0030 [Renumbered to 291-048-0160]

291-048-0040 [Renumbered to 291-048-0180]

291-048-0100

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 criteria for the assignment of inmates to a Special Management Unit (SMU) who, due to a mental illness or severe emotional disturbance, are unable to adjust satisfactorily in the general inmate population.

(3) Policy: It is the policy of the Department of Corrections to provide an environment oriented to mental health treatment for inmates within the department who, because of mental illness and severe emotional disturbance, are behaving in such a way as to endanger themselves or others or are unable to provide for their basic needs.

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 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-1984; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0005; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0110

Definitions

(1) Case Manager: Any person within the Department of Corrections who reports to the Counseling Treatment Services administrator, who has the responsibility for delivery of program services in a facility, and who has the responsibility of screening all inmates regarding the level of mental health services they require, making proper referral to an SMU when deemed necessary in conjunction with the SMU program manager or designee.

(2) Facility: The building and grounds area operated by the Department of Corrections which physically houses inmates.

(3) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(4) Reasonable Grounds: Information that is of such credibility that it would induce a reasonably prudent person to use it in the conduct of their affairs.

(5) Special Management Unit (SMU) Program Manager: That person who reports to the Counseling Treatment Services administrator and has responsibility for delivery of program services or coordination of program operations for the unit.

(6) Special Management Unit (SMU) Lieutenant: That person designated by the superintendent who is responsible for security on the unit and for making operational decisions in accordance with policy, rule or procedure.

(7) SMU Treatment Team: A group composed of the SMU program manager, SMU psychiatrist/nurse practitioner, SMU nurse, mental health specialist and SMU lieutenant or designee. The purpose of this group is to assess the mental condition of inmates assigned to an SMU, to establish and update treatment plans for these inmates and to coordinate their discharge and mental health follow-up.

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 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0010; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0115

Selection and Training of the Special Management Unit Staff

(1) Selection Criteria: To qualify for a post which is solely assigned to the Special Management Unit, the employee:

(a) Must have successfully completed trial service;

(b) Will be interviewed and must receive a satisfactory appraisal by the SMU lieutenant and members of the SMU treatment team prior to assignment to the Special Management Unit. At a minimum, the staff member must meet the following criteria:

(A) Have expressed a constructive interest in working with inmates in the Special Management Unit;

(B) Have demonstrated the ability to work with inmates through conflict-reducing and conflict-control skills; and

(C) Have demonstrated the ability to use good judgment.

(2) Assignments to the Special Management Unit Posts:

(a) Assignment to the Special Management Unit posts will be made by the superintendent or designee and will be reviewed at least annually.

(b) Rotation of staff assigned to the Special Management Unit posts may occur as it is found to be in the best interest of the employee or the facility, upon determination by the superintendent or SMU lieutenant.

(c) Temporary assignment to the Special Management Unit posts will be made by the superintendent or designee. Temporary assignments will be given only to employees who meet the initial qualifications as specified in this rule. Whenever possible, temporary assignments will be given only to employees who have successfully completed training specified in this rule.

(d) Removal from a Special Management Unit post may be made by the superintendent or SMU lieutenant upon a finding that the employee no longer meets the requirements of this rule or other applicable Department of Corrections administrative directives.

(3) Training of Selected Personnel:

(a) All employees selected to work in the Special Management Unit will be required to complete annually, in addition to any other Department of Corrections training requirements, a minimum of 20 hours training - consisting of 12 hours classroom training and 8 hours of a mentorship program.

(b) The SMU lieutenant shall establish a training syllabus used for documentation of training for newly assigned employees. This syllabus shall address specific procedures to be followed by employees in the Special Management Unit and may also be used for Department of Corrections or Oregon State Penitentiary training.

(4) Clinical Supervision: The Special Management Unit will be under the clinical supervision of the SMU program manager and the operational supervision of the SMU lieutenant. The SMU treatment team will develop, implement and/or modify individual inmate's treatment. A review of treatment plans will occur every 30 days. Revisions to an inmate's treatment plan will occur as clinically indicated.

(5) Log of Staff Members: Staff members assigned to the Special Management Unit will maintain a permanent log of all inter-shift activities.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075

Stat Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 15-1984, f. & ef. 7-20-84; CD 4-1985 f. & ef. 5-16-85; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 37-1987(Temp), f. & ef. 9-24-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; Suspended by DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0120

Assignments to Special Management Unit

(1) Inmates may be assigned to a Special Management Unit on either a voluntary or involuntary basis in accordance with these rules.

(2) Assignment Criteria: Inmates who meet one or more of the following criteria should be considered for assignment to a Special Management Unit:

(a) Inmates who, due to a mental illness or severe emotional disturbance are:

(A) A danger to others;

(B) A danger to themselves (including all inmates who are acutely suicidal);

(C) Unable to care for their basic needs;

(D) Being victimized by other inmates; or

(E) In an acute phase of mental or emotional disorder.

(b) Inmates who need a diagnostic evaluation or medication adjustment.

(3) Inmates assigned to an SMU may be placed in a seclusion room for observation and security purposes as directed by program or security staff assigned to the unit, and for such period(s) as the SMU program manager or designee, or SMU lieutenant or designee, in consultation with the psychiatrist/nurse practitioner and the SMU treatment team, determines is necessary.

(4) Suicide/Crisis: Inmates assigned to an SMU because of suicidal ideation/attempt may be placed on suicide watch as directed by program or security staff assigned to the unit, and will be continued on this status until the SMU program manager or designee, in consultation with the psychiatrist/nurse practitioner and the SMU treatment team, determines that the suicide watch is no longer necessary, in accordance with the Department of Corrections rule on Suicide Prevention in Correctional Facilities (OAR 291-076).

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 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0130

Voluntary Assignment

(1) An inmate may be voluntarily placed in the Special Management Unit when:

(a) There is a referral from an institution mental health professional or nurse, or outside mental health contractor; and

(b) The SMU treatment team finds that the inmate is in need of mental health treatment; and

(c) There is reasonable likelihood that treatment can be accomplished in a Special Management Unit; and

(d) The inmate consents to admission in writing.

(2) The final decision whether an inmate is admitted to an SMU for treatment shall be the responsibility of the SMU program manager or designee.

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 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0015; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0140

Involuntary Assignment

(1) Emergency:

(a) An inmate may be involuntarily assigned to a Special Management Unit for evaluation for a period not to exceed three working days by order of the SMU program manager or designee, or in his/her absence, by order of the appropriate facility superintendent or his/her designee, only upon a finding of reasonable grounds, as defined in OAR 291-048-0110(4).

(b) In making a finding of reasonable grounds, the superintendent or his/her designee will base his/her decision on the recommendation of the case manager and available program staff, psychologist or Health Services manager and may consider other pertinent staff reports.

(c) If the inmate is placed in a Special Management Unit on an emergency basis, it shall be the responsibility of the superintendent or his/her designee to inform the inmate in writing at the time of the action of the reasons for the action using the form, Notice of Emergency Assignment to the Special Management Unit (CD 748). A copy of the form shall be forwarded to the SMU program manager.

(d) Within three working days following assignment to a Special Management Unit, the SMU treatment team, led by the SMU program manager or designee, will assess the need for treatment. The following mental health screening and appraisal data shall be considered by the psychiatrist/nurse practitioner in making his/her assessment:

(A) Existence and type of disorder;

(B) Potential therapeutic effect of a change in environment;

(C) Potential for development of a comprehensive program for treatment of the inmate that is available within a Special Management Unit and is likely to benefit the inmate;

(D) Ability to function in the general population; and

(E) Any other factors substantially related to the mental health of the inmate as applicable, including staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities.

(e) Upon completion of the assessment and compilation of the inmate's mental health history:

(A) If the SMU program manager or designee, in consultation with the psychiatrist/nurse practitioner and the SMU treatment team, determines the inmate is not in need of treatment, the inmate will be returned to his/her former status.

(B) If the SMU program manager or designee, in consultation with the SMU treatment team, determines the inmate is in need of treatment, an overall treatment/management plan will be developed with appropriate referral as needed. The inmate will be given the option of voluntarily admitting himself/herself to a Special Management Unit. If the inmate declines to voluntarily admit himself/herself, the SMU program manager or designee will notify and deliver a copy of his/her report to the hearings officer. The hearings officer will make arrangements to conduct an involuntary assignment hearing within five working days after completion of the SMU evaluation.

(2) Non-Emergency:

(a) If an inmate is thought by any staff member to be in need of mental health treatment in a Special Management Unit and the inmate will not consent to voluntary treatment, the concerned staff member may submit through established channels to his/her superintendent or designee a recommendation for a mental health evaluation by the case manager. The case manager will complete the evaluation and make a recommendation within three working days.

(b) If the case manager recommends placement in SMU, admission consideration will follow as provided in OAR 291-048-0140(1)(d)(A-E) of this rule, with notification to the superintendent.

(c) Upon completion of the evaluation, if the SMU program manager or designee, in consultation with the psychiatrist/nurse practitioner and SMU treatment team, determines the inmate is not in need of treatment in a Special Management Unit, the inmate will be returned to his/her former status with the decision resulting from this evaluation forwarded to the superintendent or designee.

(d) If the SMU program manager or designee, in consultation with the psychiatrist/nurse practitioner and SMU treatment team, determines the inmate is in need of treatment in the Special Management Unit, the inmate will be given the opportunity to voluntarily admit himself/herself. If the inmate declines to voluntarily admit himself/herself, the SMU program manager or designee will notify the hearings officer who will make arrangements to conduct an involuntary assignment hearing within five working days after completion of the SMU evaluation.

(3) Recommended Length of Stay: In all instances where assignment is recommended, the psychiatrist/nurse practitioner will include a recommendation for the length of stay in the Special Management Unit and a treatment plan.

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 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-1985; CD 27-1985, f. & ef. 8-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0020; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0150

Involuntary Assignment Hearings Process

(1) Notice of Hearing:

(a) The inmate shall be given written notice of the hearing by the hearings officer not less than 24 hours prior to the hearing.

(b) The notice shall include a statement of the inmate's rights with respect to the hearing.

(2) The hearing shall be conducted by a hearings officer or other person trained in the hearings process, in the event the hearings officer is unavailable.

(3) The hearings officer shall not have participated in any previous way in the assessment process.

(4) The hearings officer may pose questions during the hearing.

(5) Representation:

(a) In all cases, the inmate is entitled to:

(A) Speak in his/her own behalf;

(B) Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility security and/or safety of its staff or others. The reason(s) for the finding shall be a part of record.

(b) Assistance by a staff member, inmate, or other person approved by the hearings officer will be ordered for those individuals in cases where it is found that assistance is necessary based upon language barriers and/or competence and capacity of the inmate.

(6) Investigation: The inmate has a right to request that an investigation be conducted. If an investigation is ordered, a designee of the hearings officer shall conduct the investigation. No person shall serve as an investigator who has participated in any previous way in the process.

(a) An investigation shall be conducted upon the inmate's request if an investigation will assist in the resolution of the proceedings and the information sought is within the ability of the facility to procure or the inmate to provide with his/her own resources.

(b) The hearings officer may order an investigation on his/her own motion.

(c) The hearings officer shall allow the inmate access to the results of the investigation unless disclosure of the investigative results would constitute a threat to the safety and security of the facility, its staff or others.

(7) Witnesses: Inmates have the right to call witnesses to testify before the hearings officer. Witnesses may include inmates, staff, or other persons.

(a) If witnesses will be called, the inmate, prior to the hearing, must develop a list of witnesses and questions to be posed to each witness. The inmate shall bring the list of questions and the list of witnesses to the hearing.

(b) The inmate or his/her representative shall not have the right to cross-examine or directly pose questions to any witness.

(c) The hearings officer may exclude a specific inmate or staff witness upon finding that the witness' testimony would not assist in the resolution of the proceeding or presents an immediate undue hazard to facility security and/or the safety of its staff or others. If a witness is excluded, the reason(s) shall be made a part of the record.

(d) The hearings officer may exclude other persons as witnesses upon finding that their testifying is unduly hazardous to facility security and/or the safety of its staff or others; not reasonably available; or would not assist in the resolution of the action. The reason(s) for exclusion shall be made a part of the record.

(e) An inmate witness shall have the right to refuse to testify.

(f) Persons other than inmates or staff requested as witnesses shall have the right to refuse to appear and/or testify.

(g) The hearings officer may, on his/her own motion, call witnesses to testify.

(h) All questions which will assist in the resolution of the proceedings, as determined by the hearings officer, shall be posed. The reason(s) for not posing a question will be made a part of the record.

(8) Documentation/Reports:

(a) Inmates shall have the right to present documents/reports during the hearing.

(b) The reporting staff member, or other agents of the facility who are knowledgeable, may submit documents/reports in advance of the hearing.

(c) The hearings officer may exclude documents/reports, making a finding that such would be unduly hazardous to facility security and/or the safety of its staff or others, or would not assist in the resolution of the proceeding. The reason(s) for exclusion shall be made a part of the record.

(d) The hearings officer may classify documents/reports as confidential upon making a finding that revealing such would constitute a threat to the safety and security of the facility or violate statutory provisions regarding confidentiality. The reason(s) for classifying documents/reports as confidential shall be made a part of the record.

(9) Postponement:

(a) A hearing may be postponed by the hearings officer for "good cause" and for a reasonable period of time, not to exceed three working days.

(b) "Good cause" includes, but is not limited to:

(A) Illness or unavailability of the inmate;

(B) Gathering of additional evidence; or

(C) Gathering of additional documentation.

(c) The reason(s) for the postponement shall be made a part of the record.

(10) At the conclusion of the hearing, the hearings officer will deliberate and determine whether the information supports placement of the inmate in a Special Management Unit, taking into account any contrary information submitted by the inmate. The hearings officer may postpone the rendering of a decision for a reasonable period of time, not to exceed three working days, for the purpose of reviewing the information.

(a) No Justification: The hearings officer may find that the information does not support placement in a Special Management Unit, in which case the hearings officer will recommend that the inmate return to his/her former status with all rights and privileges of that status.

(b) Justification: The hearings officer may find the report does support placement in a Special Management Unit, in which case the hearings officer will so inform the inmate and recommend the inmate be assigned to a Special Management Unit for a specified period of time as recommended by the psychiatrist/nurse practitioner and SMU treatment team.

(11) Hearing Record:

(a) Upon completion of a hearing, the hearings officer shall prepare a hearing record within five days following the conclusion of the hearing.

(b) The record of the formal hearing shall include:

(A) Examination reports;

(B) Notice of hearing and rights;

(C) Recording of hearing;

(D) Supporting material(s); and

(E) "Findings-of-Fact, Conclusion, and Recommendation" of the hearings officer.

(c) The hearings officer will retain the recording and forward to the Assistant Director for Correctional Programs items (A), (B), (D), and (E) of this section.

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 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84 CD 20-1984(Temp), f. & ef. 11-6-84; CD 4-1985, f. & ef. 5-16-85; CD 19-1987, f. & ef. 3-5-87; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0025; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0160

Assistant Director for Correctional Programs Review

(1) The results of any hearing held to involuntarily place an inmate in Special Management Unit status will be reviewed and approved by the Assistant Director for Correctional Programs.

(2) The Assistant Director for Correctional Programs shall review the "Findings-of-Fact, Conclusion, and Recommendation" of the hearings officer, in terms of the following factors:

(a) Was there substantial compliance with this rule;

(b) Was the decision based on substantial information; and

(c) Was the decision proportionate to the information and consistent with the provisions of the rule?

(3) Within five days of the receipt of the hearings officer's report, the Assistant Director for Correctional Programs, or his/her designee, shall enter his/her "order," which may:

(a) Affirm the recommendation;

(b) Modify the recommendation; or

(c) Reverse the recommendation.

(d) When the Assistant Director for Correctional Programs takes action to modify or reverse, he/she must state the reason(s) in writing and immediately notify the inmate, hearings officer, and superintendent of his/her action and reason(s).

(4) A copy of the Assistant Director for Correctional Programs order shall be returned to the hearings officer and the inmate.

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 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0030; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0170

Provision of Basic Services and Programs

(1) Inmates in a Special Management Unit may be given special security housing upon recommendation of the treatment team for a specified period of time, and may not be permitted out of their assigned cell/room except when in actual custody of a security staff member.

(2) Basic services and programs may be denied, or the manner in which they are provided may alter from the way services and/or programs are provided to inmates in general population, if providing them in a routine manner would cause an immediate and continuing threat to the security of the facility or the safety of its staff or others.

(3) The SMU lieutenant or designee may temporarily deny or withhold a basic service previously granted to an inmate in a Special Management Unit if he/she has sufficient reason to believe the security of the facility, its staff or others is in immediate danger. However, all such actions directly affecting individual treatment must be reported to the SMU program manager or designee the following work day. No basic service will be permanently withheld without the review by the treatment team.

(4) Mental Health Interviews: The psychiatrist/nurse practitioner and members of the treatment team will conduct initial interviews with all inmates admitted to the unit for mental health reasons and follow up evaluations on an as-needed basis. All inmates housed in a seclusion room will be evaluated no less than every 48 hours in order to assign them to less restrictive housing as quickly as possible.

(5) Psychiatric treatment or any type of psychotropic drugs administered to an inmate assigned to a Special Management Unit shall be in accordance with the Department of Corrections rule on Informed Consent to Treatment (OAR 291-064).

(6) All psychotropic medication administered to inmates housed in a Special Management Unit shall be prescribed by a physician or nurse practitioner. All prescribed medication shall be administered by a registered nurse licensed in the state of Oregon to administer medication. No keys to controlled medication will be issued to non-medical staff.

(7) The SMU treatment team shall establish and update, as necessary, a written individual treatment plan for each inmate assigned to a Special Management Unit for more than 10 days as a patient. These plans will have a specific set of objectives to meet in a progression of increasing personal responsibility and shall include directions to health care and other personnel regarding their roles in the care and supervision of these patients. This treatment plan must be written, including specific time frames, and a copy given to each inmate with whom the treatment plan is developed. A review of treatment plans will occur every 30 days or as clinically indicated.

(8) Personal Property: Items permitted will, in general, be in accordance with the department's rule on Personal Property (Inmate) (OAR 291-117). Exceptions to this rule will be for security and treatment purposes, as determined by the treatment team.

(9) Visits: Inmates in the Special Management Unit will be permitted visits in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127).

(10) Exercise Yard: After an initial assessment period on the unit, inmates who have been medically cleared by Health Services and approved by the SMU treatment team will have an opportunity to participate in an exercise period for a minimum of one hour daily, five days per week in an SMU exercise yard, as weather permits, in accordance with their individual treatment plan. Inmates with medical restrictions will be afforded an opportunity to exercise to the extent consistent with a written medical order of the unit psychiatrist or other health care professional.

(11) The management of inmates placed in therapeutic restraints for medical or mental health treatment shall be in accordance with the rule on Therapeutic Restraints (Use of) (OAR 291-071).

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 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0180

Release Process

(1) Voluntary Assignment: Inmates assigned to a Special Management Unit on a voluntary basis will be reassigned to the general population, upon request, within 72 hours, unless the treatment team believes continued treatment is necessary. In such instances, the treatment team shall follow the procedures for involuntary assignment outlined in this rule.

(2) Involuntary Assignment: Inmates assigned involuntarily to Special Management Unit status will remain so assigned for only the shortest length of time necessary to achieve the purpose(s) for which the assignment was prescribed.

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 42-1978, f. 12-19-78, ef. 12-20-78; CD 24-1980, f. & ef. 7-3-80; CD 46-1985, f. & ef. 8-16-85; CD 12-1989, f. & cert. ef. 6-30-89; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0040; DOC 10-1999, f. & cert. ef. 7-6-99

291-048-0190

Administrative Hold Assignments

(1) Notwithstanding OAR 291-048-0120 through 291-048-0180, a superintendent or designee may temporarily assign an inmate to an SMU for other than mental health reasons on administrative hold status if the superintendent or designee determines that the inmate's assignment to SMU is necessary or advisable to protect the safety, security, health, good order and discipline of the facility, its staff, visitors or other inmates, or to further other legitimate penological interests.

(2) Assignment to an SMU on administrative hold status shall not be deemed an admission to the unit. Inmates assigned to an SMU on administrative hold status will not receive mental health services, but will be subject to all SMU operational policies and procedures while assigned to the unit.

(3) Inmates may be assigned to the SMU on administrative hold status on a voluntary or involuntary basis. An inmate may be voluntarily assigned to an SMU if the inmate consents in writing. An inmate may be involuntarily assigned to an SMU on administrative hold status for a period not to exceed five working days by order of the superintendent or designee. An inmate may be involuntarily assigned to an SMU for a period in excess of five working days in accordance with the notice and hearings process set forth in the department's rule on Segregation (Administrative) (OAR 291-046).

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 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99; DOC 10-1999, f. & cert. ef. 7-6-99