Dept. of Corrections_291

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

DEPARTMENT OF CORRECTIONS

DIVISION 53

EMERGENCY PREPAREDNESS

291-053-0005

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 outline the total approach needed by the Department of Corrections for emergency preparedness. The total approach will:

(a) Design the mechanism to meet the responsibilities for the coordination and planning of emergency preparedness for the Department of Corrections;

(b) Develop the individual phases of the emergency preparedness system to include planning, prevention, prediction, preparation and practice to guarantee a continual and comprehensive approach to emergencies;

(d) Determine the emergency command structure and the support functions required during emergencies and define essential responsibilities;

(e) Delineate the standardized methodology to resolve designated emergencies.

(3) Policy:

(a) It is the policy of the Department of Corrections that the following risk priorities must be considered upon implementation of emergency plans in its functional units:

(A) The safety of the general public;

(B) Safety and welfare of hostages;

(D) Inmate welfare;

(E) Protection of property;

(F) Restoration of order; and

(G) Identification, arrest, and legal prosecution of participants.

(b) Inherent Risk:

(A) The acceptance of employment or volunteer assignment in a Department of Corrections facility will be tacit acknowledgment of the risk which may be involved in the employment or volunteer assignment;

(B) Employees or volunteers must be aware that no one retains his/her authority when taken hostage, regardless of his/her rank or position within the organization. Likewise, there is an inherent risk for any person living, working, visiting, or delivering services in a Department of Corrections facility;

(C) Department employees will expend every reasonable security effort to protect the physical welfare of all persons living, working, visiting, or delivering services to a Department of Corrections facility. However, employees will not be intimidated into taking any action not consistent with sound correctional practice;

(D) If any person is taken hostage, sound correctional practice shall include the following:

(i) Riotous or mutinous inmates will not be granted freedom from the confines of a correctional facility;

(ii) Immunity from prosecution or amnesty will not be granted;

(iii) Prosecution will be pursued vigorously in all cases;

(iv) Hostages will have no authority to give orders;

(v) No demands of the hostage taker(s) will be honored;

(vi) Keys or weapons or their use will not be surrendered; and

(vii) Drugs, liquor, or transportation requests from inmates will not be considered. Transportation will not be provided.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 17-1980, f. 5-6-80, ef. 5-7-80; CD 30-1981(Temp), f. & ef. 6-30-81; CD 45-1981, f. & ef. 10-30-81; CD 49-1985, f. & ef. 8-16-85; CD 20-1986(Temp), f. 6-30-86, ef. 8-15-86; CD 44-1986, f. & ef. 10-17-86; CD 19-1988, f. & cert. ef. 11-18-88; CD 2-1992, f. 2-21-92, cert. ef. 3-2-92; CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0010

Definitions

(1) Department Emergency Coordinator: A management employee who reports directly to the Assistant Director of Institutions, and has the responsibility to coordinate and monitor emergency preparedness activities throughout the Department in accordance with the rule and confidential procedure on Emergency Preparedness.

(2) Director: The highest command employee in the Department of Corrections who assists the facility commander in assessing the emergency, identifying, and providing needed resources for the resolution to an emergency.

(3) Emergency: Any incident which disrupts or substantially impairs the capacity of a prison facility to conduct routine business, including natural and man-made disasters.

(4) Emergency Preparedness: A comprehensive system that requires a continuous Department commitment to personnel and resources to ensure a systematic approach to emergencies that will include planning, prevention, prediction, preparation, and practice.

(5) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections; any person employed under contractual arrangement to provide services to the Department; any person employed by private or public sector agencies who is serving under Department-sanctioned special assignment to provide services and/or support to Department programs within any Department of Corrections facility.

(6) Facility Emergency Coordinator: A management employee who reports directly to the superintendent, and has the responsibility to coordinate and monitor emergency preparedness activities at the prison facility level in accordance with the rule and confidential procedure on Emergency Preparedness.

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

(8) Planning: The phase of emergency preparedness that will develop the mechanism and resources to achieve emergency prevention, prediction, preparation, and practice.

(9) Practice: The phase of emergency preparedness that will develop mechanisms to determine the effectiveness of emergency plans, training, and exercises.

(10) Prediction: The phase of the emergency preparedness that will develop the methods to identify the probability, types, and proper response to emergencies.

(11) Preparation: The phase of emergency preparedness that develops plans and resources to resolve any emergency.

(12) Prevention: The phase of the emergency preparedness that will ensure a safe, humane, and professional environment within the prison facility.

(13) Superintendent: Any person within the Department of Corrections who reports to the Assistant Director for Institutions and has the responsibility for the delivery and coordination of program operations in a specific prison facility.

Procedures

291-053-0075

General Information

(1) Emergency Preparedness:

(a) Emergency preparedness is a comprehensive system that requires a continuous Department commitment to personnel and resources to ensure a systematic and standardized approach to emergencies that will include planning, prevention, prediction, preparation, and practice;

(b) Emergency preparedness becomes the primary goal for the Department of Corrections in an emergency to effectively regulate and maintain a safe and humane environment for its employees and inmates

(d) Emergency preparedness will enable employees to maintain and/or restore humane and professional conditions of incarceration as quickly and safely as possible;

(e) Emergency preparedness will require an emergency response with its primary mission to expediently resolve the situation with the least amount of force.

(2) Emergency preparedness will require the Department of Corrections Central Office and each prison facility to develop emergency plans for the purpose of responding to emergency situations.

(3) Emergency preparedness will require the Department of Corrections Assistant Director for Institutions to assign a management employee to perform the duties of the Department emergency coordinator, as specified in the rule and confidential procedure on Emergency Preparedness.

(4) Emergency preparedness will require the prison facility superintendent to assign a management employee to perform the duties of the facility emergency coordinator, as specified in the rule and confidential procedure on Emergency Preparedness.

(5) Emergency preparedness will require the Department of Corrections central office and each facility to maintain sufficient resources and preparedness to adequately respond to emergencies.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0085

Planning

(1) Planning is the phase of emergency preparedness that will develop the mechanism and resources to carry out the prevention and prediction of an emergency and the preparation and practice for an emergency.

(2) The Department emergency coordinator, who reports to the Assistant Director for Institutions, will be responsible for planning all elements of emergency preparedness for the Department.

(3) The facility emergency coordinator, who reports directly to the superintendent, will be responsible for planning all elements of emergency preparedness for a prison facility(ies).

(4) Planning will be accomplished by the Emergency Coordinators Committee comprised of the Department emergency coordinator (chairperson), facility emergency coordinators, and selected Department and outside agency personnel.

(5) Planning will require the development, distribution, and maintenance of emergency preparedness plans that will resolve emergencies.

(6) Planning will require the acquisition and maintenance of the essential resources to implement emergency preparedness plans.

(7) Planning will require the development and maintenance of training standards to satisfactorily execute emergency preparedness plans.

(8) Planning will require a continual assessment (evaluation) of the five phases (planning, prevention, prediction, preparation, and practice) of emergency preparedness to ensure current information, technology, and techniques have been incorporated into the emergency plans. This will require emergency plans to be revised, updated, and distributed to each user.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0095

Prevention

(1) Prevention is the phase of emergency preparedness that will enable employees to maintain and/or restore safe, humane, and professional conditions of incarceration.

(2) Prevention will require consistent enforcement of directives to provide effective communications, appropriate inmate programs and services, and adequate safety, security, and sanitation.

(3) Prevention of emergencies will be enhanced by requiring the reporting and mitigating disturbance factors (unusual changes/occurrences in the prison environment).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0105

Prediction

(1) Prediction is the phase of emergency preparedness that will develop the methods to identify the possibility of an emergency, identify the types of emergency, and identify the proper response to an emergency.

(2) Prediction of emergencies will require the identification, reporting and authentication of disturbance factors.

(3) Emergencies can often be predicted if disturbance factors can be properly evaluated. This will be accomplished by each prison facility through "Risk Analysis" designed to predict the degree of possibility for an emergency.

(4) Prediction will require each prison facility to perform a risk assessment to identify the potential for an emergency based on the geographic location, inmate population, facility structure and facility resources. The internal and external factors that would threaten the facility will be listed on a form titled "Risk Assessment by Type of Emergency." This form will be kept current and will be maintained in the Emergency Preparedness Manual, Volume II, Section 6. A copy will be sent to the Department emergency coordinator.

(5) Emergency plans will be developed by the prison facility to respond to each predicted emergency identified on the "Risk Assessment by Type of Emergency."

183.355(6).]

[Publications: Publications & Forms referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0115

Preparation

(1) Preparation is the phase of emergency preparedness that will develop the emergency plans along with the equipment and resources used in an emergency and provide for an audit procedure to ensure plans have been properly developed, maintained, and distributed.

(2) Each prison facility and the Central Office shall develop and maintain Emergency Preparedness Manuals-Volumes I, II and III as required by the Director.

(3) Each facility shall be responsible to implement the appropriate components of the command structure to meet emergency situations.

(4) Each facility will maintain a perpetual equipment list for use in an emergency. The Department emergency coordinator will maintain a Department-wide list of equipment by consolidating facility lists.

(5) Each facility will perform audits on Emergency Preparedness Manuals that will be coordinated by the Department emergency coordinator through the facility emergency coordinators.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0125

Practice

(1) Practice is the phase of emergency preparedness that will develop training standards and curriculum, initiate training for all levels of employees, design exercises to determine the effectiveness of emergency plans and training, and use evaluations to provide revised training standards, curriculum, training, and exercises.

(2) Training for emergency preparedness will be provided by certified emergency coordinators to new employees and annually thereafter for all levels of employees.

(3) Emergency exercises (two major and two minor) will be conducted annually at each prison facility to determine the effectiveness of the emergency preparedness plans. The fundamental purpose of an exercise program will be to improve operational readiness.

(4) A thorough evaluation of any application of the emergency preparedness plans will be made to determine effectiveness and deficiencies, recommend the correction of deficiencies, and mediate efficiencies as appropriate.

(5) The Emergency Coordinators Committee will be responsible to review all evaluations and recommendations for emergency preparedness and revise training standards as necessary.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

291-053-0135

Confidential Procedures

(1) The Department of Corrections will publish the following confidential procedures:

(a) Procedure on Emergency Preparedness;

(b) Procedure on Tactical Emergency Response Team (TERT); and

(2) The confidential procedures will be maintained with current information and located in the Emergency Preparedness Manual, Volume II, Section 7.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 20-1996, f. 11-20-96, cert. ef. 12-1-96

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