Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS
Section 291-105-0021 - Procedures for Handling Misconduct by AICs
Universal Citation: OR Admin Rules 291-105-0021
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Corrective Action: Employees shall be expected to use less formal procedures if the act or acts of misconduct do not constitute an immediate and continued threat to life, health, facility security, employee authority, or serious property damage or destruction, and in a manner that promotes and embraces the Oregon Accountability Model. Less formal corrective action may include: a reprimand, a warning, counseling, a conduct order, or as otherwise authorized by the functional unit manager, Officer-in-Charge, or designee.
(a) Employees
issuing a conduct order shall promptly complete the conduct order and forward
it to the Officer-in-Charge or designee for review.
(b) The Officer-in-Charge or designee shall
review and approve, cancel, or modify the conduct order as soon as practicable
or within four hours of it being issued. If the Officer-in-Charge or designee
determines that the incident warrants a misconduct report rather than a conduct
order, the Officer-in-Charge or designee will ensure the conduct order is
cancelled and a misconduct report submitted. If the Officer-in-Charge or
designee determines a conduct order is necessary to immediately address safety
and security concerns, and a misconduct report is warranted, the misconduct
report shall reflect the reason(s) for issuing both a conduct order and a
misconduct report.
(c) The AIC
shall be notified a conduct order is being issued as soon as practicable. A
copy of the conduct order shall be delivered to the AIC as soon as practicable
or within four hours of it being approved, cancelled, or modified.
(2) Misconduct Reports:
(a) When the behavior justifies submission of
a misconduct report, the employee shall legibly print, sign, and file a
misconduct report with an immediate supervisor or the Officer-in-Charge, no
later than 24 hours after sufficient evidence or information is gathered,
discovered, or observed to support a rule violation. Determination of the
sufficiency of evidence shall be a matter of judgment for the employee
submitting the report and the immediate supervisor reviewing the report. The
misconduct report will reflect the reason(s) for delay of submission if
submitted after the 24-hour period.
(b) The reviewing supervisor will ensure the
report is accurate, appropriate, and supported by sufficient information. If
not supported or appropriate, the reviewing supervisor will refer the report
back to the author for additional investigation or for less formal action. The
report will have a printed, legible name and signature of the author and
reviewing supervisor. The reviewing supervisor or designee shall be responsible
for providing the AIC with a legible copy of the misconduct report, Rules of
Misconduct (291-105-0015), and the Notice of
Hearing and Rights within 24 hours of the filing of the report, unless the AIC
is unavailable to be served. If the report is not served to the AIC within 24
hours, the reviewing supervisor or designee shall notify the Hearings Unit of
the reason for delay, which will be made part of the record.
(c) The AIC will be allowed 24 hours, after
being served the misconduct report, before a hearing is conducted to prepare a
defense unless the AIC waives this right.
(d) The misconduct report shall be submitted
to the Hearings Unit on an approved Department of Corrections form and shall be
as specific and comprehensive as possible. Upon receipt of the misconduct
report, the Hearings Unit shall note the date received on the form.
(A) The misconduct report shall include a
description of any unusual or relevant AIC behavior and information regarding
how the employee became aware of the behavior. The report shall identify all
discovered information related to the incident (including video, memos, etc.).
The misconduct report must contain sufficient and complete facts to support the
alleged rule violation(s), including a description of what the restitution is
for and the amount of restitution to be ordered, if applicable. The misconduct
report must contain sufficient information to allow the AIC to prepare a
defense.
(B) Attempt or Conspiracy:
If an AIC attempts to commit or enters into a conspiracy to commit an act of
prohibited conduct, it shall be considered the same as if the AIC had completed
or accomplished the prohibited act.
(e) The misconduct report must specifically
allege all the rule violations the AIC is alleged to have violated and
demonstrate conduct constituting an attempt or conspiracy.
(f) Reports from all employee and
non-employee service provider witnesses shall also be submitted.
(g) When the alleged misconduct occurs while
the AIC is in the temporary physical custody of a jurisdiction other than the
Department of Corrections, employees from that jurisdiction may provide a
written description of the misconduct to the Officer-in-Charge:
(A) On review of such written information,
the Officer-in-Charge at the facility receiving the AIC back into the physical
custody of the department may determine that the described action violates a
rule or rules of prohibited conduct and direct that an employee submit a
conduct order, misconduct report, or both.
(B) The written description provided by the
temporary custody jurisdiction shall accompany the misconduct report. A
misconduct report shall not be submitted absent a written description of the
allegation from the temporary physical custody jurisdiction.
(C) If it is determined that the other
jurisdiction maintained the AIC in a similarly restrictive status, the AIC
shall receive credit for the number of days held in segregation-type status by
the other jurisdiction.
(3) Placement on Disciplinary Segregation Status: An AIC charged with committing a rule violation may be placed on disciplinary segregation status pending resolution of the charge through a formal hearing. This action will be taken when the functional unit manager or designee or the Officer-in-Charge determines that the alleged rule violation(s) are of such seriousness that the safety and security of a facility is at risk and requires immediate removal of the AIC from the general population or determines that the AIC is a threat to the community, or determines that the AIC is likely to escape or abscond.
(a) If
disciplinary segregation status is ordered, the Officer-in-Charge must document
specifying the reason(s) why immediate disciplinary segregation of the AIC was
deemed necessary.
(b) A completed
copy of the Department of Corrections misconduct report will be forwarded to
the functional unit manager or designee who will review the AIC's pre-hearing
disciplinary segregation placement within 72 hours of the AIC's placement on
disciplinary segregation status. If approved, the functional unit manager or
designee will initial the report. If the AIC is temporarily confined in a local
jail while on Short-Term Transitional Leave, Non-Prison Leave, or Emergency
Leave, the functional unit manager or designee will be notified for review of
the AIC's status, within 72 hours of the AIC's confinement or as soon as
practicable after the AIC's confinement.
(4) Scheduling a Hearing:
(a) An AIC charged with a rule violation
through a misconduct report shall be scheduled for a hearing as soon as
practicable.
(b) If the AIC is
transferred to another facility before the hearing is complete, the misconduct
report shall be forwarded to the other facility for processing.
(5) Initiating a Hearing: A hearing will be considered initiated when the misconduct report has been received by the Hearings Unit, numbered, and scheduled.
(a) A hearing shall be initiated and
conducted within 10 calendar days if the AIC is placed on disciplinary
segregation status pending a formal hearing. For significant delays, the
reasons for the delay shall be made part of the hearing record.
(b) All other hearings shall be initiated and
conducted as soon as practicable. For significant delays, reasons for longer
timeframes shall be made part of the hearing record.
(c) When an AIC charged with violating any
level I rule, Escape II, Short-Term Transitional Leave, or Non-Prison Leave is
released from custody prior to a hearing being held, a hearing will be
initiated as soon as practicable upon return to DOC custody.
(d) The hearing may be postponed or continued
for a reasonable period for good cause as provided in OAR
291-105-0064. The reason(s) for
the postponement or continuance shall be made part of the record.
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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