Or. Admin. Code § 291-127-0405

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

Section 291-127-0405 - Definitions

(1) Accompanied Visit: A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody is permitted to visit with a minor child who remains in the company of an approved adult visitor with the written consent of the custodial parent or guardian.

(2) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(3) Adult on Supervision: Any person under the supervision of a local community corrections agency who is on probation, leave, parole, or post-prison supervision.

(4) Basic Visiting: A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody and an approved visitor are permitted to see and talk with each other on a scheduled basis for a reasonable period of time with no physical contact.

(5) Co-Defendant: A person who has been convicted of a crime in which the adult in custody had some involvement in the same criminal incidents which gave rise to the conviction, or who is currently the subject of a criminal prosecution for the same criminal incidents involving the adult in custody.

(6) Conspiracy: An agreement between an adult in custody and one or more persons to engage in, cause, or conceal a rule violation or criminal activity.

(7) Contraband: Any article or thing which an adult in custody is prohibited by statute, rule, or order from obtaining, possessing, or which the adult in custody is not specifically authorized to obtain or possess or which the adult in custody alters without authorization.

(8) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under any department-sanctioned assignment to provide services or support to department programs.

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

(10) Disrespect: Where a visitor directs hostile, sexual, abusive, or threatening language or gestures, verbal or written, towards or about another person.

(11) Disturbance: Conduct or activity which unnecessarily interferes with visitation operations, or which advocates, encourages, promotes or otherwise creates or poses a threat to the safety, security, health and good order of the facility, or the safety and security of adults in custody, employees, visitors, contractors or the community. A visitor commits a disturbance if they advocate, create, engage in, maintain or promote an annoying condition or disorder characterized by unruly, noisy, or violent conduct which disrupts the orderly administration of the visiting process.

(12) Domestic Partner: An individual joined in a domestic partnership.

(13) Domestic Partnership: A civil contract between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon, which has been filed with the County Clerk and entered in the domestic partnership registry.

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

(15) Employee: Any person employed full-time, part-time or on temporary appointment by the Department of Corrections.

(16) Excessive Contact: Prolonged or frequent contact between a visitor and an adult in custody which exceeds the brief embrace and kiss upon meeting and leaving. Excessive is not casual contact, but rather a pattern of contact beyond rule limits. Hand-holding or holding of children is specifically allowed.

(17) 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 facility, the functional unit manager is the superintendent.

(18) Holiday: A day recognized and announced annually as a holiday. If the actual and generally recognized holiday differs from the day recognized by the Department of Administrative Services, the holiday recognized for purposes of this rule is the date indicated on the calendar.

(19) Inflammatory: Material whose presence in the facility is deemed by the department to constitute a direct and immediate threat to the security, safety, health, good order, or discipline of the facility because it incites or advocates physical violence against others.

(20) Immediate Family Member: Spouse, domestic partner, parent or guardian, sibling, child, aunt, uncle, niece, nephew, grandchildren, and grandparents, including foster, in-law, and step relationships.

(21) Inappropriate Relationship: A personal relationship between an adult in custody or adult on supervision and any employee or non-employee service provider of any state, county, or federal correctional facility that developed during the course of employment or as a non-employee service provider or as a result of same.

(22) Intake Status: The period of time following delivery of an adult in custody to the custody of the Department of Corrections in which the department conducts its intake processing of the adult in custody including, but not limited to, the conduct of medical and mental health assessments, custody classification, and identification of programming needs and assignments.

(23) Non-Employee Service Providers (NSP): An individual who provides services or programs to the department and or to adults in custody, 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.

(24) Official Records: Police Reports, indictments, judgement orders, or other official government records.

(25) 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.

(26) Privileged Visiting: A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody and an approved visitor are permitted to see and talk with each other on a scheduled basis for a reasonable period of time with limited physical contact, consisting of a brief embrace and kiss upon meeting and leaving, hand holding, and holding of children.

(27) Professional Visits: Visitation for nonsocial purposes by attorneys, representatives for criminal justice agencies, state or local agencies, other public government agencies or for therapeutic or programming purposes.

(28) Search: A close inspection, including touching in an impartial manner, of a person, vehicle, possessions, or other property, or buildings or premises. For purposes of entering a correctional facility, searches often require the removal and separate inspection of shoes, belts, jackets, and other accessories during processing. Types of searches include the following:

(a) Clothed: To search a person for something by running the hands over the clothed person, through the hair, inspecting pockets and cuffs, and other items in their possession.

(b) Hand-Wand Inspection: A search procedure wherein the person will be asked to stand with feet and legs apart and arms out to the side while a wand is passed in close proximity to all areas of the visitor's body.

(c) Unclothed: A search procedure wherein the person being searched removes all of their clothing and is visually examined and clothing removed is carefully inspected before return and redressing, for the purpose of detecting contraband.

(29) Service Animal: A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act (ADA).

(30) Sexual Activity: Sexual contact including, but not limited to sexual intercourse, kissing, fondling, or manipulation of the genitalia, buttocks, and breasts of another person, or of oneself, in a manner which produces or is intended to produce sexual stimulation or gratification.

(31) Sex Crime Involving a Minor Child: Any conviction (including juvenile adjudications) of a sexual crime committed, attempted, or conspired in which a minor child was involved, victimized, or the intended victim.

(32) Special Visits: Those visits listed below:

(a) A type of visitation authorized by the Department of Corrections in its correctional facilities in which an adult in custody is permitted to visit with a person who is not on the adult in custody's approved visiting list;

(b) An extra visit by an adult in custody and a person who is on the adult in custody's approved visiting list that is permitted beyond the limits on the number of visits established by these rules and the facility; and

(c) A visit that is permitted at an hour or place at which visits are not normally permitted.

(33) Spouse: A person who is legally married to an adult in custody.

(34) Termination of Visiting: The end of visiting privileges for the day by order of a visiting area employee or other authorized employee.

(35) Visitor: Any person, not a department or Oregon Corrections Enterprises employee, non-employee service provider, or other agency liaison who is within the secure perimeter of a Department of Corrections facility.

(36) Volunteer: An approved person who donates time, knowledge, skills, and effort to enhance the mission, activities, and programs of the Department (includes practicums and interns). Volunteers serve at the pleasure of the department and are not considered employees. Volunteers are subject to the provisions of the department's rules on Volunteers and Students Interns (OAR 291-015).

Or. Admin. Code § 291-127-0405

DOC 12-2019, adopt filed 6/24/2019, effective 7/1/2019; DOC 7-2024, temporary amend filed 05/16/2024, effective 5/16/2024 through 11/11/2024; DOC 22-2024, amend filed 10/08/2024, effective 10/8/2024

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

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