Or. Admin. Code § 291-127-0510
Current through Register Vol. 63, No. 11, November 1, 2024
Section 291-127-0510 - Suspension or Removal from Adult in Custody Visiting List(1) Visitors found in violation of one or more of these rules are subject to sanctions as directed by the functional unit manager or designee. Sanctions for visitors found in violation of these rules are listed in Exhibit Consequences for Visitors in Violation of Visiting Rules to these rules.(2) The functional unit manager or designee may suspend the adult in custody's visits with the visitor, restrict visitation to basic visiting, or remove a visitor from an adult in custody's approved visiting list for any violations of these rules. Basic visits may also be imposed if the Department of Corrections believes, in its sole discretion, that continued visitation between the visitor and the adult in custody poses a threat to the safety, security, health, and good order of the facility, and or the safety and security of other adults in custody, employees, visitors, contractors, or the community. (a) The functional unit manager or designee may temporarily suspend an adult in custody's visits for 14 days in the event of an on-going investigation.(b) A written report (Notice of Suspension/Removal/Termination of Visiting CD 704D) documenting the suspension, restriction, removal, or termination shall be prepared and sent to the adult in custody and to the adult in custody's visitor within seven days of the action. The report shall contain a short and concise statement of the reasons for the suspension and a recommendation for the action to be taken. The recommended action may be assignment to basic visiting, suspension of visiting for a limited duration, or permanent removal.(c) The visitor may request review of the recommended action by submitting a written administrative review request to the functional unit manager or designee. An administrative review request must be received no later than 30 days following the date of the notification of suspension.(d) If the visitor does not submit a timely, written administrative review request, the recommended action contained in the written report shall be accepted by the functional unit manager or designee and serve as the final decision.(e) If the visitor submits a timely, written administrative review request, the functional unit manager or designee shall issue a final decision on the recommended action within 45 days of the receipt of the written request, absent a pending administrative or criminal investigation or other extraordinary circumstance which in the sole judgment of the functional unit manager or designee requires or warrants additional time.(3) The visitor may request an administrative review of the functional unit manager's or designee's final decision by submitting a written administrative review request to the Assistant Director of Operations or designee at the department's Central Administrative offices. The request must be received within 30 days of the issuance of the functional unit manager's or designee's final decision. The administrative review request should specify the reasons why the visitation action should not be sustained.(a) Upon receipt of a timely, written request for administrative review, the Assistant Director of Operations or designee will review the visitation action, and affirm, reverse or otherwise modify the action as circumstances warrant.(b) The decision of the Assistant Director of Operations or designee shall be final and not subject for further review for a five-year period. A copy of the decision shall be provided to the person requesting the administrative review, the affected adult in custody, and the functional unit manager.(4) Visitors who have been permanently removed from any adult in custody's approved visiting list may request reconsideration five years after the date of the removal action by completing an administrative review for denial of visiting application form (CD 1594) and submitting it to Visiting Services.(5) Administrative reviews will not be provided to visitors for adult in custody misconduct resulting in disciplinary sanctions imposed upon adults in custody in accordance with the department's rules on Prohibited Conduct and Processing Disciplinary Actions (OAR 291-105). Or. Admin. Code § 291-127-0510
DOC 12-2019, adopt filed 6/24/2019, effective 7/1/2019; DOC 22-2024, amend filed 10/08/2024, effective 10/8/2024Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075