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

DEPARTMENT OF CORRECTIONS

291-075-0005

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 provide for the reporting, receipt, investigation, and resolution of citizen complaints concerning the Department of Corrections, its employees, and inmates and offenders under its jurisdiction.

(3) Policy: It is the policy of the Department of Corrections that citizen complaints about the Department of Corrections personnel, programs and operations shall be logged and promptly investigated. Corrective action shall be taken if indicated, and a response furnished to the complainant.

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 30-1983(Temp), f. & ef. 9-1-83; CD 46-1983, f. & ef. 12-2-83; CD 13-1985, f. & ef. 7-31-85; CD 11-1987, f. & ef. 1-22-87; CD 7-1992, f. 3-27-92, cert. ef. 3-31-92

291-075-0010

Definitions

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

(2) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

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 30-1983(Temp), f. & ef. 9-1-83; CD 46-1983, f. & ef. 12-2-83; CD 13-1985, f. & ef. 7-31-85; CD 11-1987, f. & ef. 1-22-87; CD 7-1992, f. 3-27-92, cert. ef. 3-31-92; DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 14-2000, f. & cert. ef. 6-19-00

291-075-0015

Procedures

(1) All citizen complaints directed to the Director regarding the Department of Corrections or Oregon Corrections Enterprises shall be reviewed and logged by the Director's designee. The citizen complaint shall be assigned to the Inspector General's Office, functional unit manager, or Oregon Corrections Enterprises for investigation. All complaints alleging criminal conduct will be referred to the Oregon State Police by the Inspector General for review and investigation as appropriate.

(a) The functional unit manager, Oregon Corrections Enterprises, or Inspector General shall investigate the complaint and submit a report to the Director within the assigned deadline. The functional unit manager, Oregon Corrections Enterprises , or Inspector General shall recommend corrective action when their investigation reveals such action is needed.

(b) Where necessary corrective action has been recommended, that action shall be taken upon the approval of the Director. When a letter of response is needed, the letter shall be prepared in finished form for the Director's signature.

(c) A response delineating the investigation and action taken shall be signed by the Director and given to the complainant within 21 calendar days of receipt of the complaint. If additional investigation time is required, the Director will be informed in advance so that the complainant will be appropriately notified.

(2) Citizen complaints received by a functional unit or Oregon Corrections Enterprises shall be promptly investigated by the functional unit manager or designee at the location where the complaint is received and a response prepared and returned to the complainant within 21 calendar days.

(3) A record will be kept of all complaints received, responses, and supporting documentation. The record shall be retained for a minimum of three years by the responding office.

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 30-1983(Temp), f. & ef. 9-1-83; CD 46-1983, f. & ef. 12-2-83; CD 13-1985, f. & ef. 7-31-85; CD 11-1987, f. & ef. 1-22-87; CD 7-1992, f. 3-27-92, cert. ef. 3-31-92; DOC 26-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 14-2000, f. & cert. ef. 6-19-00