Or. Admin. Code § 291-127-0415

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

Section 291-127-0415 - Eligibility of Prospective Visitors

(1) All persons, except as specifically provided in these rules, are eligible to be considered by the department for approval to visit an adult in custody confined in a Department of Corrections facility, upon application and request by the adult in custody or prospective visitor.

(2) A person is ineligible to visit an adult in custody confined in a Department of Corrections facility if the person:

(a) Has been convicted of, or has criminal charges pending against them for the following crimes or criminal activities:

(A) Introduction or supplying, attempting or conspiring to introduce or supply contraband;

(B) Possession, control or delivery of an explosive device or substance, including attempt or conspiracy to do the same; or

(C) Assisting an adult in custody in an escape or unlawful departure from a correctional facility, including an attempt or conspiracy to do the same.

(b) Has any pending criminal charges;

(c) Is an adult in custody on transitional leave or who is assigned to another Department of Corrections facility;

(d) Has been determined by the department to have introduced or conspired to introduce contraband into any state, county, or federal correctional facility as defined in the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105) and the person was permanently removed from the adult in custody's visiting list;

(e) Is identified in official records reviewed by the Department of Corrections as a victim of the adult in custody's crime(s) of conviction for which the adult in custody is currently serving a sentence of incarceration to the legal and physical custody of the Department of Corrections, and the sentence is for conviction of a person felony or person misdemeanor crime as defined in the Oregon Criminal Justice Commission's rules on Definitions (OAR 213-003-0001);

(f) Has been convicted of a person felony or person Class A misdemeanor as defined in the Oregon Criminal Justice Commission's rules on Definitions (OAR 213-003-0001) within five years of the application date in which the adult in custody was a victim;

(g) Is or has been a co-defendant with the adult in custody in any criminal prosecution, within five years of the application date;

(h) Has been convicted of the unlawful possession, delivery, or manufacture of a controlled substance as defined in ORS 475.005(6) within the last three years;

(i) Has been incarcerated for conviction of a felony crime in a state, county or federal corrections facility at some time in the past three years;

(j) Is a former Department of Corrections employee, non-employee service provider, or law enforcement personnel who resigned from their position in lieu of termination as a result of an inappropriate relationship with an adult in custody, or who was discovered after their resignation, retirement, or termination to have been engaged in an inappropriate relationship with an adult in custody housed at any state, county, or federal correctional facility; or

(k) Is a former non-employee service provider whose facility access has been denied as a result of an inappropriate relationship with an adult in custody housed at any state, county, or federal correctional facility.

(3) Minor Children Who Qualify as Victims of Designated Crimes: Notwithstanding OAR 291-127-0415(2), a minor child who is identified in official records reviewed by the Department of Corrections as a victim of a person felony or person Class A misdemeanor as defined in the Oregon Criminal Justice Commission's rules on Definitions (OAR 213-003-0001) may be approved by the Assistant Director of Correctional Services or designee to visit with their incarcerated parent in custody if the Department of Human Services provides the Department of Corrections written support for the visitation to take place or notifies the Department of Corrections that a juvenile court order has been issued that approves or recommends the visitation.

(4) A person who is on probation, parole, or post-prison supervision will be eligible to apply for visiting with the written consent of the person's parole or probation officer, or in the case of court-supervised probation, with the written consent of the supervising judge, and the approval of the institution's functional unit manager or designee, subject to all eligibility requirements in this rule.

(5) Current Department of Corrections employees and non-employee service providers are ineligible to visit an adult in custody unless the adult in custody is a member of the employee's or non-employee service provider's immediate family as defined in these rules.

(6) A prospective visitor may not be on more than one adult in custody approved visiting list at the facility where the adult in custody is confined, unless the prospective visitor is an immediate family member to both adults in custody.

(7) Non-employee service providers may be approved to visit more than one adult in custody in the same facility if approved by the functional unit manager or designee.

(8) Non-employee service providers may not visit any adults in custody at the same facility in which they are volunteering or providing services unless approved by the functional unit manager or designee.

Or. Admin. Code § 291-127-0415

DOC 12-2019, adopt filed 6/24/2019, effective 7/1/2019; DOC 14-2019, minor correction filed 07/01/2019, effective 7/1/2019; DOC 3-2021, temporary amend filed 04/01/2021, effective 4/1/2021 through 9/27/2021; DOC 9-2021, amend filed 06/04/2021, effective 6/4/2021; 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