Current through Register Vol. 63, No. 9, September 1, 2024
(1) The functional
unit manager or designee may remove or suspend an AIC from any portion of an
alternative incarceration program and may reassign the AIC to another
Department of Corrections facility to serve the balance of the AIC's
court-imposed incarceration term, for administrative or disciplinary reasons.
The decision to remove or suspend an AIC from the program will be made in
consultation with a committee appointed by the functional unit manager or
designee that is responsible to review the performance of AICs participating in
an alternative incarceration program.
(2) Administrative Removal or Suspension:
(a) The functional unit manager or designee
may immediately remove or suspend an AIC from the program and reassign the AIC
to another Department of Corrections facility without a hearing, for
administrative reasons.
(b) An AIC
who is not available to participate substantially in the program (e.g.,
physical and mental illness, court appearance(s), disciplinary segregation,
etc.) for up to 30 days following placement will be suspended from
participation and will be evaluated by the committee to determine whether the
AIC will be removed from the program or accepted back into the program at the
program level deemed appropriate by the functional unit manager or
designee.
(c) Any change in status
that would cause an AIC to be ineligible to continue participating in the
program as described in OAR
291-062-0130 (e.g., discovery of
a detainer), may result in a suspension.
(A)
If suspended, the AIC will have 30 days to resolve eligibility status with the
department. If the AIC's eligibility status remains unresolved, the AIC will be
removed from the program.
(B) An
extension may be made by the functional unit manager or designee on a
case-by-case basis.
(d)
If other charges will result in immediate incarceration upon release to
nonprison leave, the AIC will have 30 days to resolve eligibility status with
the department. If the AIC's eligibility status remains unresolved, the AIC
will be removed from the program. An extension may be made by the functional
unit manager or designee on a case-by-case basis.
(e) AICs are expected to participate in all
aspects of their program assignment at a level consistent with the length of
time they have been assigned to the program.
(A) The functional unit manager or designee
may suspend an AIC from the program for 30 days or more when, in consultation
with the program performance review committee, the functional unit manager or
designee determines that the AIC is not making adequate program progress.
During the suspension, the AIC will be given an opportunity to come into
compliance with established program standards.
(B) If the AIC comes into compliance, the AIC
will be placed at a program level deemed appropriate by the functional unit
manager or designee. The AIC may be removed from the program for failure to
meet program expectations. If the AIC is assigned to an intensive alternative
incarceration addictions program, the AIC may have the length of the program
extended beyond 270 days.
(f) If the department suspends or removes an
AIC from the program for administrative reasons while the AIC is on nonprison
leave status the AIC may request a hearing regarding the department's decision
to rescind approval for administrative reasons. If the AIC requests a hearing,
the department will provide a hearing using applicable rules in the
Department's rules for Leave Revocation Hearings (OAR 291-066) for evidence and
making preliminary findings of fact, to the extent that those rules are not
inconsistent with these rules (OAR 291-062). After the hearings officer has
provided a final report described in OAR 291-066-0310, the department will make
a final determination as to whether to revoke leave as provided in these rules
(OAR 291-062).
(3)
Disciplinary Removal or Suspension:
(a) An
AIC who, after a hearing in accordance with procedures provided in the
department's rules on Prohibited Conduct and Processing Disciplinary Actions
(OAR 291-105), is found to have committed a major disciplinary rule violation,
may be removed from the program and transferred to another Department of
Corrections facility at the discretion of the functional unit manager or
designee.
(b) An AIC who, after a
hearing in accordance with procedures provided in the department's rules on
Leave Revocation Hearings (OAR 291-066), is found to have violated a condition
of nonprison leave, and is returned to a Department of Corrections institution
pursuant to OAR 291-062-0165 or OAR 291-066, may
be removed from the program and transferred to another Department of
Corrections facility at the discretion of the functional unit manager or
designee.
(4) Voluntary
Removal: An AIC may elect to be removed from an alternative incarceration
program; however, to do so the AIC must sign a document requesting removal from
the program to the functional unit manager or designee. Voluntary removal from
the program constitutes a program failure.
(5) An AIC who fails an alternative
incarceration program will be ineligible to participate in any other non-AIP
intensive treatment program during the same admission cycle (this does not
include dual diagnosis programs).
(6) Administrative Review of Removal for
Program Failure:
(a) When the functional unit
manager or designee removes an AIC from the AIC's program assignment for a
program failure, the AIC will be notified in writing of the reason for the
removal decision and given the opportunity for administrative review of the
decision.
(b) To obtain an
administrative review of the removal decision, an AIC must send a request for
administrative review in writing to the Assistant Director of Health Services
or designee, together with any supporting documentation. The Assistant Director
of Health Services or designee must receive the request within 15 business days
of the date of the notice of the administrative removal.
(c) The review should be completed within 15
business days after receiving an AIC's review request. The Assistant Director
of Health Services or designee's decision on an administrative review shall be
final.
Statutory/Other Authority: ORS
423.075, ORS
179.040,
421.500 to
421.512,
423.020 &
423.030
Statutes/Other Implemented: ORS
179.040,
421.500 to
421.512,
423.020,
423.030 &
423.075
