Or. Admin. Code § 255-050-0011

Current through Register Vol. 63, No. 12, December 1, 2024

Section 255-050-0011 - Department of Corrections Report of Misconduct

(1) The Director of the Department of Corrections or designee may recommend an extension of an inmate's parole release date as a disciplinary sanction.

(2) The following guidelines shall apply to a recommendation to extend a prison term:

(a) The Department shall have provided the inmate an opportunity for a Department of Corrections disciplinary hearing, and found the inmate to have violated a rule governing prohibited inmate conduct; and

(b) The Department shall not recommend an extension of a prison term unless all other disciplinary options have been specifically considered and deemed, individually and in combination, inadequate for the seriousness of the misconduct.

(3) The Department shall consider the following factors in determining whether an extension is appropriate:

(a) Effectiveness of the sanction as a disciplinary measure, both to the prisoner and to the general prison population;

(b) Degree of hazard posed to human health or life, facility security, or to property;

(c) Seriousness of the misconduct had it been committed in the wider community;

(d) Circumstances of the misconduct; and

(e) The inmate's prior record or institutional conduct.

(4) The Board of Parole and Post-Prison Supervision shall not extend a prison term on a recommendation from the institution unless the recommendation classifies the misconduct within one (1) of the following four (4) categories:

(a) Hazard to human life or health;

(b) Hazard to security;

(c) Hazard to property; or

(d) Third in a series of rule violations within a three-month period, while assigned to any Department of Corrections program.

Or. Admin. Code § 255-050-0011

2PB 1-1979, f. & ef. 2-1-79; 2PB 12-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 4-1989, f. & ef. 11-1-89; Renumbered from 255-050-0005; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 5-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 1-1999, f. & cert. ef. 1-15-99

Stat. Auth.: ORS 144.125 & ORS 144.223

Stats. Implemented: ORS 144.125 & ORS 144.223