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

DEPARTMENT OF CORRECTIONS

291-083-0005

Authority and Purpose

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 423.020 and 423.075.

(2) Purpose: To establish criteria and procedure for placement of an inmate on controlled feeding status.

Stat. Auth.:ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1989(Temp), f. & cert. ef. 7-11-89; CD 28-1989, f. & cert. ef. 12-29-89

291-083-0010

Definitions

(1) "Acceptable Behavior": Behavior that does not include throwing or misusing food or human waste or misuse of eating trays or utensils.

(2) "Controlled Feeding Status": Status in which the form of food is modified and served as Nutra Loaf in order to reduce the use of food, eating utensils and human waste as weapons against staff and others.

(3) "Nutra Loaf": A product made from a combination of food items used in the preparation of mainline meals or medically assigned special diets using standardized portion sizes and nutritionally balanced recipes which are kept on file, along with the nutritional information, by the Food Services Manager.

Stat. Auth.:ORS 423
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 13-1989(Temp), f. & cert. ef. 7-11-89; CD 28-1989, f. & cert. ef. 12-29-89

291-083-0015

Procedures

(1) Inmates may be placed immediately on controlled feeding status with the approval of the superintendent for the following behavior:

(a) Throwing or misusing food or human waste;

(b) Failure to voluntarily return the eating utensils and tray to staff after each meal.

(2) The staff member who observes the adverse behavior shall prepare a disciplinary report as outlined in the Department of Corrections Rule on Inmate Prohibited Conduct and Procedure for Processing Disciplinary Actions (OAR 291-105), containing the charges and other appropriate information.

(3) The housing unit officer-in-charge shall recommend to the superintendent that an inmate be placed on controlled feeding status.

(4) Upon approval of the superintendent the housing unit officer-in-charge shall submit, prior to the end of the shift, a controlled feeding order form to the Food Services Manager or designee.

(5) Upon receipt of the controlled feeding order, the Food Services Manager or designee shall provide Nutra Loaf for the inmate on controlled feeding to coincide with the regular meal schedule.

(6) A review of the controlled feeding order shall be conducted by the superintendent and the housing unit officer-in-charge every 24 hours from the reported misconduct. The 24-hour review shall be noted in the housing unit log.

(7) Return to normal feeding and the outcome of the disciplinary hearing process are not necessarily related. Controlled feeding status shall be rescinded when the inmate demonstrates a return to acceptable behavior for a period of 24 hours. Return to normal feeding status does not affect the disciplinary process or the application of sanctions for rule violations.

(8) Seven days shall be the maximum length of time that an inmate shall remain on controlled feeding status per incident.

(9) If, after returning to regular feeding status, the disruptive behavior recurs, the inmate may be returned to controlled feeding status as outlined in this rule.

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 13-1989(Temp), f. & cert. ef. 7-11-89; CD 28-1989, f. & cert. ef. 12-29-89; CD 13-1994, f. 7-19-94, cert.ef. 8-1-94