Or. Admin. Code § 291-105-0069

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-105-0069 - Additional Sanctions for Major Violations

The additional sanctions available to the Hearings Officer for major violations include, but are not limited to:

(1) Restitution: AICs shall be responsible for making full restitution for any damage or loss of property. In addition, AICs shall be financially responsible for all costs associated with or resulting from the violation. These shall include the costs of any drug urinalysis testing and other costs incurred by the Department of Corrections as a result of the AIC's actions. There is no limit on the amount of restitution which can be imposed. There must always be a factual basis in the record to support the restitution amount. The Hearings Officer may recommend a freeze on the AIC's trust account for the sum of the restitution as per OAR 291-158.

(2) Confiscation of property or contraband: If the property or contraband confiscated is in the AIC's trust account, the Hearings Officer may recommend a freeze on the AIC's trust account for the sum of the contraband, or the balance of the AIC's account, whichever is lower as per OAR 291-158.

(3) Reduction to Basic Visiting Status (non-contact): For any major violation, basic visiting status may be imposed up to a maximum of 180 days for any one violation. Any AIC found in violation of Distribution I or Possession of an Electronic Device, including attempt or conspiracy, within the past two years may be restricted to basic visits for each violation as follows:

(a) First violation: up to 1 year (365 days)

(b) Second violation: up to 2 years (730 days)

(c) Third or more violation(s): up to 4 years (1,460 days)

(A) Basic visiting sanctions shall be served upon return to general population housing.

(B) Basic visiting sanctions shall be served consecutively up to 7 years (2,555 days). No AIC shall serve more than 7 years (2,555 days) of consecutive basic visiting sanctions at any one time.

(C) Once a basic visiting sanction starts, it runs to conclusion regardless of the AIC's housing or custody status.

(4) Extra Work Detail: For a major violation, the limit on extra work detail is a maximum of 80 hours, to be completed within 30 days after the Final Order has been signed.

(5) Recommendation for no Favorable Future Consideration of Parole Release Date.

(6) Recommendation for an extension of parole release date in accordance with the rule on Prison Term Modification (OAR 291-097).

(7) Recommendation for reduction in earned time, statutory good time, or extra good time credits in accordance with the rule on Prison Term Modification (OAR 291-097).

(8) Other sanctions as deemed appropriate by the Hearings Officer and approved by the functional unit manager or designee.

Or. Admin. Code § 291-105-0069

CD 19-1979(Temp), f. & ef. 10-19-79; CD 13-1980, f. & ef. 4-15-80; CD 25-1982, f. & ef. 11-19-82; CD 8-1985(Temp), f. & ef. 6-19-85; CD 30-1985, f. & ef. 8-16-85; CD 29-1986, f. & ef. 8-20-86; CD 38-1987, f. & ef. 10-2-87; CD 8-1992, f. 3-27-92, cert. ef. 4-15-92; CD 6-1993, f. 3-10-93, cert. ef. 4-1-93; CD 9-1995, f. 5-23-95, cert. ef. 6-1-95; CD 16-1996, f. 11-13-96, cert. ef. 11-15-96; DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99; DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 14-2008, f. & cert. ef. 6-2-08; DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020

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, 421.185, 421.190, 423.020, 423.030 & 423.075