Statutes, codes, and regulations
Oregon Administrative Code
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 82 - ASSESSMENT, ASSIGNMENT, AND SUPERVISION OF INMATES FOR WORK ASSIGNMENTS AND UNFENCED MINIMUM HOUSING
Section 291-082-0110 - Work Housing Assignment Level Evaluation (WHALE) Eligibility

Or. Admin. R. 291-082-0110

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Current through Register Vol. 63, No. 8, August 1, 2024
Section 291-082-0110 - Work Housing Assignment Level Evaluation (WHALE) Eligibility
(1) Inside Work Assignment: All inmates at custody classification Level 1 or 2 are minimally eligible for an inside work assignment.
(2) On-Site Work Assignment: An inmate must meet the following criteria to be considered for an on-site work assignment:
(a) Meets criteria for an inside work assignment on the WHALE.
(b) Has served more than 60 days in DOC custody.
(c) Has no predatory sex offender designation in Oregon or any other state, and if a sex offender, score 5 or below on the Static 99R or is not classified as a Level III sex offender under OAR 255-085-0020, Sex Offender Risk Assessment Methodology. The Static 99R and definitions are attached and available under OAR 291-062-0130 exhibits.
(d) Has not been sentenced under the sexually violent dangerous offender law.
(e) Is approved by the functional unit manager or designee.
(3) Community Work Assignment: An inmate must meet the following criteria to be considered for a community work assignment:
(a) Served more than 60 days in DOC custody.
(b) No active designator for conviction for Arson I or Attempted Arson I.
(c) No active designator for conviction for a sex offense or a crime with a sexual element.
(d) No active protection/restraining order(s).
(e) No conviction for a Stalking offense.
(f) No active court Stalking Order.
(g) Not found in violation of Sexual Assault or Sexual Coercion as described in OAR 291-105-0015, Rules of Misconduct.
(h) Minimal escape risk as defined in the Custody Classification Guide and the rule on Classification (Inmate) (OAR 291-104).
(i) No felony detainer(s) that are untried or expire after the inmate's projected release date.
(j) No multiple misdemeanor detainers that expire after the inmate's projected release date.
(k) No active designators on file disqualifying community assignment.
(4) Unfenced Housing: An inmate must meet the following criteria to be considered for an unfenced housing assignment:
(a) Custody Classification Level 1.
(b) Meets all community work assignment criteria listed in subsection (3) above.
(c) No active designator for conviction for Arson II, Attempted Arson II, Reckless Burning or other related arson crimes, including attempts.
(d) No current active escape designator, or any active ESMO or ESSV designators, as defined in the Custody Classification Guide (OAR 291-104-0116).
(e) No misdemeanor detainer that is untried.
(f) No consecutive misdemeanor detainer that expires one year or less from the inmate's projected release date.

Or. Admin. R. 291-082-0110

DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08; DOC 27-2008, f. & cert. ef. 11-7-08; DOC 21-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12; DOC 5-2012, f. & cert. ef. 3-1-12; DOC 6-2015, f. & cert. ef. 5/21/2015; DOC 4-2016, f. & cert. ef. 3/8/2016; DOC 20-2018, amend filed 07/18/2018, effective 7/18/2018; DOC 23-2018, minor correction filed 08/15/2018, effective DOC 24-2018, minor correction filed 08/15/2018, effective 8/15/2018

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 179.040, 421.445, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.425, 423.020, 423.030 & 423.075