Current through Register Vol. 63, No. 9, September 1, 2024
(1) An inmate
may request an administrative review of his/her classification action by
completing and submitting the Department of Corrections Request for
Administrative Review form (CD1120aD) or Request for Administrative Review of
IMU Level 5 Custody form (CD1120aE).
(2) Issues Subject to Administrative Review:
Administrative review is available to an inmate to contest three aspects of
his/her classification action:
(a) The
accuracy of custody classification levels 1-4 scoring;
(b) An override of a scored custody
classification level; or
(c) A
Level 5 custody classification.
(3) Custody Classification Level 1-4 Accuracy
of Scoring:
(a) To obtain an administrative
review of a Level 1-4 custody classification score, an inmate must complete the
top portion of a CD1120aD form, and send the completed form, together with any
supporting documentation, to the designated institution committee at the
facility where the inmate is currently housed. The institution committee must
receive the request within 30 calendar days of the classification approval
date. The institution committee should complete its review within 30 days after
receiving an inmate's review request.
(b) If, after receiving the review decision
of the designated institution committee, an inmate is not satisfied with the
decision, the inmate may obtain further review of the custody classification
Level 1-4 score by sending another completed CD1120aD form, together with any
supporting documentation, and a copy of the institution committee's decision,
to the functional unit manager or designee of the institution where the inmate
is currently housed. The functional unit manager or designee must receive the
review request within 30 calendar days of the institution committee's review
decision. The functional unit manager or designee should complete his/her
review within 30 days after receiving the inmate's review request. There shall
be no further administrative review of a custody classification Level 1-4
score.
(c) Inmates engaged in the
intake process may not submit a request for review of their custody
classification score until they are no longer housed at the Intake Center.
(4) Override of a
Scored Custody Classification Level 1-4: To obtain an administrative review of
classification that has been overridden at the institution level, an inmate
must complete the bottom portion of a CD1120aD form and send the completed form
to the Classification Manager, together with any supporting documentation. The
Classification Manager must receive the review request within 30 calendar days
of the classification action approval date. The Classification Manager should
complete the review within 30 days after receiving an inmate's review request.
There shall be no further administrative review of an override decision.
(5) Level Five:
(a) To obtain an administrative review of a
Level 5 custody classification, an inmate must complete the CD1120aD form and
send it to the Classification Manager. The request for review by the inmate
shall include any supporting documentation to be considered in reviewing the
appropriateness of the Level 5 custody classification.
(b) If an inmate has been assigned to the
Intensive Management Unit (IMU), the matter shall be reviewed only once while
the inmate is completing IMU programming.
(c) If an inmate has been assigned to IMU and
retained at custody Level 5 due to serious management concerns, the inmate will
be provided a packet containing a Request for Administrative Review of
Retention at Custody Classification Level 5/IMU (CD1120aE). An inmate may
request further review of the Level 5 custody classification once annually.
(6) A copy of
administrative review decisions will be provided to the inmate and retained in
the inmate's institution file.
Stat. Auth.: ORS
179.040,
423.020,
423.030 &
423.075
Stats. Implemented: ORS
179.040,
423.020,
423.030 &
423.075
