Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 52 - TRANSFERS/RESPONSIBILITIES BETWEEN OREGON YOUTH AUTHORITY AND DEPARTMENT OF CORRECTIONS
Section 291-052-0100 - Authority, Purpose and Policy

Universal Citation: OR Admin Rules 291-052-0100

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

(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to:

(a) Provide procedures for the administrative transfer of certain adults in custody (AICs) or youths in custody (YICs) under the age of 20 from DOC to the Oregon Youth Authority (OYA); and

(b) Provide procedures for requesting a court hearing under the provisions of ORS 420A.203 Eligibility for second look, establishing a release plan, and providing follow-up reports to the court.

(3) Policy: It is the policy of DOC that, when authorized under and consistent with applicable state law:

(a) An individual under the age of 18 at the time of committing an offense and under 20 years of age at the time of sentencing to a term of incarceration in DOC may be housed at a youth correction facility as follows:
(A) If the individual is under 18 years of age at the time of transfer, the individual shall be delivered directly to a youth correction facility by the county; and

(B) If the individual is 18 or 19 years of age and is taken to Coffee Creek Intake Center, the individual shall be transferred to a youth correction facility as soon as possible.

(b) No person 18 years of age or older at the time of committing the offense shall be transferred to a youth correction facility; and

(c) No person under 18 years of age will be housed in a DOC facility.

(4) DOC and OYA concur these transfers best serve the AIC's and YIC's reformation plans; and AICs and YICs may be transferred by OYA to DOC when appropriate, in accordance with ORS 420.011, Subsections 2 and 3, and ORS 137.124.

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & ORS 420A.130

Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030, 423.075 & ORS 420A.130

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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