Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 127 - VISITING
Section 291-127-0510 - Suspension or Removal from Inmate Visiting List

Universal Citation: OR Admin Rules 291-127-0510

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Visitors found in violation of one or more of these rules are subject to sanctions as directed by the superintendent or designee. Sanctions for visitors found in violation of these rules are listed in Exhibit A.

(2) The superintendent or designee may suspend the inmate's visits with the visitor, restrict visitation to basic visiting, or remove a visitor from an inmate'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 inmate poses a threat to the safety, security, health and good order of the facility, and or the safety and security of other inmates, staff, visitors, contractors or the community.

(a) The superintendent or designee may temporarily suspend an inmate's visits for 14 days in the event of an on-going investigation.

(b) A written report (CD 704D) documenting the suspension, restriction or removal shall be prepared and sent to the inmate and to the inmate'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 review request to the superintendent or designee. A 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 review request, the recommended action contained in the written report shall be accepted by the superintendent or designee and serve as the final decision.

(e) If the visitor submits a timely written review request, the superintendent 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 superintendent or designee requires or warrants additional time.

(3) The visitor may request an administrative review of the superintendent's or designee's final decision by submitting a written 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 superintendent'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 inmate, and the superintendent.

(4) Visitors who have been permanently removed from any inmate's approved visiting list may request reconsideration five years after the date of the removal action by completing an Administrative Review form (CD1594) and submitting it to the Inmate Services Unit.

(5) Administrative reviews will not be provided to visitors for inmate misconduct resulting in disciplinary sanctions imposed upon inmates in accordance with the Department of Corrections rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 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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