Or. Admin. R. 416-415-0040

Current through Register Vol. 63, No. 8, August 1, 2024

Section 416-415-0040 - Youth in Custody Eligibility for Participation in a Work Program

(1) The facility superintendent, camp director, Program Staff, or Facility Services Assistant Director may consider any eligible Youth in Custody for assignment to a Work Program.

(2) The facility superintendent, camp director, Program Staff, or Youth in Custody's Multidisciplinary Team may initiate a Youth in Custody's eligibility review for assignment to a Work Program.

(3) The Work Program approval authority, in the Work Program approval authority's sole discretion, may assign a Youth in Custody to a Work Program. The Work Program approval authority may specify conditions for the Youth in Custody's assignment to and participation in the Work Program.

(4) Eligibility Criteria.

(a) To be considered for assignment and participation in any Work Program, a Youth in Custody must:

(A) Complete initial medical and mental health assessments according to OYA policy;

(B) Complete required safety and health training according to OYA policy; and

(C) Be age appropriate for the Work Program as determined by the Work Program approval authority. Youth in Custody under 18 years of age must not perform any work prohibited by state or federal regulations pertaining to child labor.

(b) Onsite Work Program and Offsite Work Program.

To be considered for assignment to and participation in an Onsite Work Program or Offsite Work Program, a Youth in Custody must:

(A) Meet the criteria listed in section (4)(a) of this rule;

(B) Be at least 16 years of age;

(C) Have no history of escape from a close-custody or secure facility;

(D) Have exhibited consistent high-level positive programming and progress toward reentry into the community as determined by the Work Program approval authority;

(E) Have no Major Behavior Violations within the last three months; and

(F) For DOC Youth in Custody, have 36 months or less remaining until community placement.

(c) Work Release. To be considered for assignment and participation in a Work Release program, a Youth in Custody must:

(A) Meet the criteria listed is sections (4)(a) and (4)(b) of this rule;

(B) Have successfully participated in an Offsite Work Program for at least 60 days;

(C) Have no conviction or adjudication for a sex crime as listed in ORS 181.805(5);

(D) Have no conviction or adjudication for a stalking crime as listed in ORS 163.732;

(E) Have no active court restraining or stalking protective order;

(F) Have no Major Behavior Violations within the last six months;

(G) Have no detainer(s); and

(H) For DOC Youth in Custody:

(i) Have six months or less remaining until community placement;

(ii) Not have been sentenced under ORS 137.635, 137.700, 137.707, or any other provision of law that prohibits eligibility for any form of temporary leave or release from custody; and

(iii) Have an order of the sentencing court appearing in the judgment of conviction and sentence indicating the DOC Youth in Custody's eligibility for consideration for participation in a work release program pursuant to ORS 137.750.

(d) In addition to the eligibility criteria set forth in sections (4)(a), (4)(b), (4)(c), and (4)(d) of this rule, designated Program Staff and the Work Program approval authority may consider additional screening criteria in determining whether to recommend or approve a Youth in Custody for assignment to a Work Program, including but not limited to the following:

(A) Whether the Youth in Custody's physical and mental condition is suitable to obtain and maintain work in the facility or community, participate in education programs, or participate in treatment programs as authorized by OYA;

(B) The recommendation of the juvenile or sentencing court, if any;

(C) Whether the Youth in Custody's criminal history includes crimes which may be cause for significant community concern, the circumstances of which may indicate that the Youth in Custody may not be suitable for assignment to specific Work Program activities; and

(D) Whether the Youth in Custody's behavior violation history includes any patterns of conduct the circumstances of which may indicate that the Youth in Custody may not be suitable for assignment to specific Work Program activities.

(5) The Work Program approval authority may waive any eligibility criteria specified in OAR 416-000-0040(4) except for OAR 416-000-0040(4)(c)(H), unless the Youth in Custody is otherwise ineligible to participate in a Work Program under one or more provisions of law.

(6) DOC Youth in Custody must be specifically approved by the Department of Corrections (DOC) to participate in Onsite Work Programs, Offsite Work Programs, or Work Release in order to participate in such programs.

(7) The Work Program Manager must notify a Youth in Custody approved for assignment and participation in Work Release in writing of the approval and any conditions of participation specified by the Work Program approval authority.

(8) A Youth in Custody may appeal the Work Program approval authority's decision regarding the Youth in Custody's Work Program assignment approval or disapproval by filing a Youth in Custody grievance according to OAR chapter 416, division 20 (Youth in Custody Grievance Process).

Or. Admin. R. 416-415-0040

OYA 3-2014, f. & cert. ef. 11-4-14; OYA 3-2021, amend filed 04/30/2021, effective 4/30/2021; OYA 4-2021, minor correction filed 07/01/2021, effective 7/1/2021; OYA 13-2023, amend filed 01/11/2023, effective 1/11/2023

Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240

Statutes/Other Implemented: ORS 420A.010, 420.060, 420.225, 420.230, 420.240, ORS 420.245, 420.250, 420.255, 420.260 & 420.270