Or. Admin. Code § 291-105-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-105-0010 - Definitions

(1) Adjudicate: To determine the disposition of a misconduct report.

(2) Adjudicator: The assigned employee within the facility responsible for the disposition of all informal hearings and minor misconduct reports that are to be adjudicated without a formal hearing.

(3) Adult in Custody (AIC): A person incarcerated or detained in a correctional facility who is accused of, convicted of, or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision, or a diversion program. For the purposes of these rules, AIC includes individuals who are in the legal custody of the Department of Corrections but are temporarily outside of the physical custody of the Department of Corrections for reasons that include, but are not limited to, transport, court proceeding, medical appointments, work assignment, programs, or interstate compact. AIC also includes those who have been released onto Short-Term Transitional Leave, Non-Prison leave, or emergency leave.

(4) Attempt: Conduct that constitutes a substantial step towards the commission of a rule violation.

(5) Calendar Day: All weekdays, weekends, and holidays.

(6) Conduct Order: An Oregon Department of Corrections form that allows for various interventions to affect positive behavioral change, and without the need for a disciplinary hearing, in accordance with OAR 291-105-0021(1). Restriction of an AIC's privileges through a conduct order can be for no more than 72 hours.

(7) Conspiracy: An agreement between an AIC and one or more persons to engage in, cause, or conceal a rule violation.

(8) Contraband: Any article or thing that an AIC is prohibited by statute, rule, or order from obtaining or possessing, that the AIC is not specifically authorized to obtain or possess, or that the AIC alters without authorization.

(9) Controlled Substance: A drug or its precursor as listed in ORS 475.005 through 475.999.

(10) Dangerous or Deadly Weapon: Any instrument, article, or substance specifically designed for or readily capable of causing death or serious physical injury.

(11) Deadly Force: Physical force that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(12) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(13) Digital Currency: Any currency or stored value (including cryptocurrency) commonly held by a financial institution, payment service, or digital wallet, and that may be transferred to another person by electronic or other means. Payment services or digital wallets include but are not limited to; CashApp, Venmo, Paypal, and Zelle. Digital currency excludes funds maintained by ODOC in an AIC trust account)

(14) Disciplinary Segregation Unit (DSU): A housing unit or program status which separates the AIC from the general population of the facility.

(15) Distribution: The transfer of contraband from one person to another. This term includes smuggling or the deliberate destruction of evidence.

(16) Drugs: Any controlled substance as listed in ORS 475.005 through 475.999.

(17) Drug Paraphernalia: Any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substances or intoxicants. This includes but is not limited to pipes, bongs, roach clips, miniature spoons, various types of pipes, and syringes.

(18) Electronic Communication Device: A device designed to be used for or is readily capable of being used for making or receiving wireless communication transmissions.

(19) Employee: Any person who is employed full time, part time, or under temporary employment by the Department of Corrections or Oregon Corrections Enterprises.

(20) Escape Device: Any item designed for, physically altered for, or readily capable of being used to facilitate an escape from a secure housing unit, a facility, or from custody.

(21) Facility: Any institution, facility, or employee office, including the grounds, that an AIC under the supervision of the Department of Corrections is assigned.

(22) Fine: A monetary sanction imposed in accordance with these rules (OAR 291-105.) AIC fines shall be deposited as established under ORS 421.068 as confiscated funds.

(23) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations.

(24) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, the Deputy Director, an Assistant Director, or an administrator, and has responsibility for delivery of program services or coordination of program operations. In a correctional setting the functional unit manager is the Superintendent.

(25) Good Cause: Adequate or substantial grounds or reason to take (or not take) an action prescribed by law. What constitutes good cause is usually determined on a case-by-case basis and is thus relative.

(26) Hearings Officer: A DOC employee assigned to review and adjudicate misconduct reports through a formal hearing.

(27) Intoxicant: Any substance, including but not limited to, unauthorized medication, alcoholic beverages, and inhalants, which causes a disturbance of mental or physical capacity resulting from the introduction of the substance in the body.

(28) Lesser Included Violation: Any violation which is a lesser degree of the charged violation (for example, AIC Assault III is a lesser included violation of AIC Assault II.)

(29) Local Jail: Any city or county lock-up or local correctional facility.

(30) Loss of Privilege (LOP): A sanction that restricts an AICs access to privileged activities. Privileged activities may include, but are not limited to, canteen, recreation yard, dayroom, telephone, tablet, and kiosk.

(31) Money: Cash, money orders, personal checks, warrants, certified checks, and other remittances.

(32) Non-Employee Service Provider (NSP): An individual who provides services or programs to the Department or to AICs, including an individual who provides services or programs remotely, but not as a paid employee of the Department. Examples of non-employee service providers include contractors, volunteers, mentors, criminal justice partners, and government agency partners.

(33) Non-Prison Leave: A period of leave preceding an established release date granted to AICs successfully completing the institution phase of an Alternative Incarceration Program. Non-Prison Leave is designed to provide AICs with transitional opportunities that promote successful reintegration into the community and is granted in accordance with ORS 137.751, ORS 421.508, ORS 421.510 and the Department's rule on Alternative Incarceration Programs (OAR 291-062).

(34) Officer-in-Charge: That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with rule or procedure during periods when the functional unit manager or Officer-of-the-day are not readily available.

(35) Order: Any direction given to an AIC that directs or forbids the doing of some act over which the AIC has control. An order may be written, verbal, or gestured communication (including all Department of Corrections rules; functional unit rules, and procedures; all federal, state, and local laws; conditions of leave; and court-ordered terms and conditions).

(36) Oregon Corrections Enterprises (OCE): A semi-independent state agency established under ORS 421.344 that is a non-Department of Corrections agency or division. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(37) Physical Force: The use of hands, other parts of the body, objects, instruments, chemical devices, electronic devices, firearms, or other physical methods used to restrain, subdue, control, or intimidate another person, or to compel another person to act in a particular way or to stop acting in a particular way.

(38) Physical Injury: Impairment of physical condition or substantial pain. An impairment of physical condition can include, but is not limited to, an abrasion, scrape, scratch, bruise, contusion, or swelling.

(39) Possession: To have physical possession of or otherwise exercise dominion or control over property.

(40) Public Safety Officer: Corrections officers, emergency medical dispatchers, emergency medical technicians, firefighters, parole and probation officers, police officers, certified reserve officers, reserve officers, telecommunicators, and regulatory specialists.

(41) Restitution: A monetary amount ordered in accordance with these rules (OAR 291-105). Restitution funds will be credited to the institution or program suffering fiduciary loss or cost from the AIC misconduct and shall be the actual cost incurred.

(42) Security Device: Any fixture, device, or tool, the purpose of which is to assist with safety or security.

(43) Security Threat Activity: AIC behavior that poses a significant threat to the safe and secure operation of a facility.

(44) Security Threat Group (STG): Any group of two or more individuals who:

(a) Have a common name, identifying symbol, or characteristic, which serves to distinguish themselves from others; and

(b) Have members, affiliates, or associates who individually or collectively engage, or have engaged, in a pattern of illicit activity or acts of misconduct that violate Department of Corrections rules; and

(c) Have the potential to act in concert to present a threat, or potential threat, to employees, non-employee service providers, public, visitors, AICs, or the secure and orderly operation of the institution.

(45) Serious Physical Injury: Injury that creates a substantial risk of death, causes protracted disfigurement, impairment of health, loss or impairment of any bodily organ function, or death.

(46) Sexual Activity: Sexual contact includes, but is not limited to: contact between the penis and the vulva or the penis and the anus, including penetration, however slight; contact between the mouth and the penis, vulva, or anus; penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person or of oneself, in a manner likely to cause abuse, humiliation, harassment, or degradation to another person, or to cause sexual arousal, gratification, or desire excluding contact incidental to a physical altercation; and any other intentional touching to include kissing and fondling.

(47) Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature directed toward another, including, but not limited to, demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

(48) Short-Term Transitional Leave: A period of leave preceding an established release date granted in accordance with ORS 421.168 and the Department's rule on Short-Term Transitional Leave and Emergency Leaves (OAR 291-063) to AICs for transitional opportunities that promote successful reintegration into the community.

(49) Working Day: Monday through Friday, excluding Saturday, Sunday, or legal holidays.

(50) Working File: Those documents maintained in a Department of Corrections facility, Community Corrections office, or functional unit for administrative, operational, or case management purposes.

Or. Admin. Code § 291-105-0010

CD 7-1979, f. & ef. 3-14-79; CD 19-1979(Temp), f. & ef. 10-19-79; CD 13-1980, f. & ef. 4-15-80; CD 25-1982, f. & ef. 11-19-82; CD 8-1985(Temp), f. & ef. 6-19-85; CD 30-1985, f. & ef. 8-16-85; CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86; CD 29-1986, f. & ef. 8-20-86; CD 38-1987, f. & ef. 10-2-87; CD 5-1989, f. & cert. ef. 4-21-89; CD 8-1992, f. 3-27-92, cert. ef. 4-15-92; CD 6-1993, f. 3-10-93, cert. ef. 4-1-93; CD 9-1995, f. 5-23-95, cert. ef. 6-1-95; CD 16-1996, f. 11-13-96, cert. ef. 11-15-96; DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99; DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 16-2000, f. & cert. ef. 6-19-00; DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 14-2008, f. & cert. ef. 6-2-08; DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11; DOC 2-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018DOC 14-2018, amend filed 06/07/2018, effective 6/7/2018; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020; DOC 8-2022, amend filed 09/06/2022, effective 9/6/2022; DOC 10-2023, amend filed 05/23/2023, effective 5/23/2023; DOC 8-2024, amend filed 05/16/2024, effective 5/24/2024; DOC 24-2024, amend filed 10/22/2024, effective 10/22/2024

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030, 423.075 & 475.005