Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS
Section 291-105-0005 - Authority, Purpose and Policy
Universal Citation: OR Admin Rules 291-105-0005
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.068, 421.180, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of this rule is to define the rules of conduct governing adults in custody and outline the procedures to be followed in processing disciplinary action(s).
(3) Policy:
(a) It is the policy of the Department of
Corrections to hold adults in custody accountable for misconduct while
incarcerated, and to promote and reinforce pro-social behavior by adults in
custody, through a system of disciplinary rules and procedures that embrace the
Oregon Accountability Model and Correctional Case Management.
(b) Adults in custody under Department of
Corrections supervision shall be disciplined for violation of specified rules
of prohibited conduct in accordance with the procedures set forth in these
rules. The primary objectives of these rules are:
(A) To provide for the safe, secure, orderly,
and efficient management of Department of Corrections facilities, the safety
and security of department employees, the public, adults in custody, and
property of the Department of Corrections;
(B) To establish norms of acceptable conduct
and consistent and fair procedures for the processing of misconduct reports for
adults in custody;
(C) To allow a
range of appropriate disciplinary sanctions for violation of the rules of
prohibited conduct for adults in custody; and
(D) To encourage positive behavioral
change.
(c) To promote
these objectives, adults in custody found in violation of the rules of
prohibited conduct are issued individualized sanctions based upon the totality
of the circumstances (including input from stakeholders, and the adult in
custody's behavior, strengths, and needs, subject to modification upon order of
the Hearings Officer and functional unit manager or designee.
(d) The department intends that the
authorization in OAR 291-105-0100 to withdraw an
order and direct the disciplinary hearing to be reopened applies retroactively
to disciplinary orders issued on, before, or after these rules.
Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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