Or. Admin. Code § 291-077-0035
Current through Register Vol. 63, No. 11, November 1, 2024
Section 291-077-0035 - Non-Monetary Incentives (Non-Cash Incentives)The purpose of non-cash incentives is to enhance cost effective inmate management by providing tiered access to services and privileges at department facilities. Non-cash incentives encourage pro-social behavior among inmates consistent with good correctional practices and the mission of the department. Functional unit managers may limit an inmate's access to services and privileges available within the incentive level attained by the inmate, as necessary, to ensure the safe and secure operation of the facility and within resources available to and physical plant limitations of the facility.
(1) General: (a) Functional unit managers will develop a list of services and privileges specific to their facility as part of the DOC non-cash incentives program (institution incentive level matrix). (b) Specific services and privileges available to inmates may differ between facilities depending on size and configuration of space and availability of resources. (c) Some incentive services and privileges will be offered consistently throughout the department at each facility, when possible, as outlined in Appendix C. (d) There will be three incentive levels (Level I, Level II, and Level III) available to inmates. (e) Incentive Level I is a restricted level statewide. Restrictions imposed may differ between facilities due to the size and configuration of each facility. Level I inmates are identified with an orange identification card. (f) Incentive Level II offers more services and privileges than Level I. Level II inmates are identified with the standard identification card (red fading into white). (g) Incentive Level III is the highest attainable incentive level. Level III inmates are identified with a silver, holographic tamper resistant "NCI 3" sticker placed on their identification. (h) Incentive levels will be calculated electronically at the end of each business day and made available to staff the following business day. (2) Inmate Eligibility: (a) All general population inmates will be eligible to earn services and privileges identified as non-cash incentives. Inmates who are not in general population will be ineligible to participate in the non-cash incentive program within the context of this rule. A non-cash incentive program may be developed and implemented in select special housing assignments as recommended by the functional unit manager and approved by the Assistant Director for Operations or designee. (b) All department facilities will share a single set of inmate eligibility criteria. (c) The incentive levels and corresponding eligibility are shown in Appendix B. Functional unit managers may develop additional criteria to manage services and privileges specific to the institution within the framework of Appendix B (e.g., waiting lists). (d) New or returning commitments to the department will be placed at incentive Level II if they have not had a major misconduct in the last 180 incarcerated days or program fail in the last 90 incarcerated days. (e) If an inmate has segregation time to complete from a prior incarceration period with the department. Upon readmission, once segregation time is completed, the inmate will be placed at the proper incentive level as outlined in Appendix B. (f) The time period necessary to attain eligibility to promote to a higher incentive level will not start until an inmate is released from special housing and after all disciplinary sanctions (segregation and loss of privileges) are satisfied. (g) The time an inmate spends in the infirmary or mental health infirmary, for non-disciplinary reasons and while not serving any disciplinary sanctions, will not negatively impact their incentive level. Time spent in these units will count toward eligibility to promote to the next incentive level so long as these criteria are met. (h) Inmates may earn promotion to higher incentive levels by compliance with prescribed programming and good institutional behavior. (i) Alternatively, an inmate's incentive level may be lowered as a consequence of noncompliance with prescribed programming or engaging in prohibited conduct. (j) The functional unit manager or designee may adjust an inmate's incentive level by two levels, up or down, as necessary to promote good institutional conduct and program compliance. (k) An inmate's incentive level will be lowered no more than one level as a result of a disciplinary sanction and program failure arising out of a single act of prohibited conduct except when the inmate receives a sanction of more than 21 days in segregation. When the sanction is greater than 21 days in segregation, the inmate will be placed at the lowest incentive level available at the facility. An inmate whose incentive level has been reduced one level as a result of a disciplinary sanction will be considered as meeting all the eligibility criteria of the reduced incentive level. (l) An inmate's incentive level will be adjusted once the inmate is found in violation of a major misconduct or a program failure is upheld. (m) The functional unit manager or designee may waive the non-cash incentive system for a specific event(s) to allow all general population inmates to participate. (3) Transfers: (a) Inmates will retain the incentive level they have earned and any time accrued towards promotion to the next incentive level upon transfer to another facility. (b) Inmates transferred to another facility will retain incentive property and commissary spending limit privileges earned prior to the transfer. Access to institution-specific services and privileges available at the receiving facility may be subject to waiting periods established by the functional unit manager or designee. (4) Property: (a) Inmates will retain property purchased (e.g.., television, CD player, CDs) prior to the adoption of this rule subject to limitations on use established by the functional unit manager or designee. (b) Property items offered as part of the non-cash incentive program (incentive property) will be offered department wide unless the property is part of a limited duration pilot project approved by the Assistant Director of Operations or designee. (c) Once purchased, incentive property will be handled in accordance with the rule on Personal Property (Inmate) (OAR 291-117). (d) When access to property is restricted by a disciplinary sanction (loss of privileges or assignment to special housing), incentive property will be stored at the direction of the functional unit manager/designee. (e) Inmates will not be required to send incentive property home as a result of disciplinary infractions. (f) The use of specific property, including but not limited to personal electronics, may be restricted until the proper incentive level is achieved. Select incentive property and the manner in which the property is restricted will be at the functional unit manger's/designee's discretion and may differ by institution. The property may be stored or disabled until the proper incentive level is achieved. (g) Certain property sold prior to implementation of this rule will not transfer to the receiving facility; e.g., 13-inch television (box or CRT). (5) The functional unit manager or designee will create a matrix of non-cash incentives detailing services and privileges available to inmates at each incentive level within the facility. The matrix will be updated and made available to inmates at least annually. Any restrictions or additional eligibility criteria for institution-specific services and privileges (e.g., waiting lists) will be included in the matrix. (6) Miscellaneous: (a) Any inmate, regardless of incentive level, may be placed on the Security Threat Management caseload. (b) The use of some or all of an inmate's incentive property and non-mandated services and privileges may be authorized or restricted by the functional unit manager or designee regardless of the inmate's incentive level.Or. Admin. Code § 291-077-0035
DOC 2-2001(Temp), f. & cert. ef. 1-22-01 thru 7-18-01; DOC 15-2001, f. & cert. ef. 7-9-01; DOC 14-2003, f. 9-25-03, cert. ef. 10-1-03; DOC 1-2006, f. & cert. ef. 2-15-06; DOC 14-2013, f. 11-18-13, cert. ef. 12-1-13; DOC 2-2014, f. & cert. ef. 1-14-14Stat. Auth.: ORS 179.040, 421.440, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 421.440, 423.020, 423.030 & 423.075