Or. Admin. Code § 291-011-0080

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

Section 291-011-0080 - [Effective until 2/18/2025] Disciplinary Segregation Units in Minimum Custody Facilities

(1) Due to their size and available staffing, minimum custody facilities will be exempt from the following provisions of the department's rules on Segregation (Disciplinary) (OAR 291-011). These provisions will be modified as described below.

(2) An AIC may be placed on close supervision status under the provisions listed in OAR 291-011-0030 and remain so until terminated by the functional unit manager or transfer to another facility.

(3) Recreation outside of the cell will not be available.

(4) Staff Selection Criteria: Employees regularly assigned to the facility will staff the Disciplinary Segregation Unit.

(5) AICs in disciplinary segregation requesting psychological intervention will be referred to the facility medical staff.

(6) AICs in disciplinary segregation will be visited by a qualified health care professional at least daily unless medical attention is ordered more frequently in specific cases by the facility's physician. Requests for medical attention made to security staff will be referred to the officer-in-charge who will determine the appropriate action to be taken.

(7) Facilities that have five- or seven-day-a-week health care available will ensure that AICs in disciplinary segregation are seen by a qualified health care professional each day. When a facility does not have a qualified health care professional onsite for a period greater than 24 hours, AICs in disciplinary segregation will be visited by the officer-in-charge at least daily.

(8) Door Security: The outer door to each segregation cell shall remain locked when not in use for authorized traffic.

(9) When possible, staff will restrain all AICs occupying the cell prior to the unlocking or opening of the cell door. The functional unit manager may waive this requirement based upon facility design and operational requirements.

(10) Property: In addition to authorized issued items, the following property will be authorized in disciplinary segregation:

(a) Personal letters;

(b) Photographs (ten total, will not be retrieved from AIC's personal property);

(c) Paperback books (three total);

(d) Magazines (three total, will not be retrieved from AIC's personal property);

(e) Legal papers requiring immediate action (approved by facility legal librarian);

(f) Writing utensil;

(g) Paper;

(h) Envelopes; and

(i) Medically approved denture cleanser and denture adhesive.

(11) Canteen will not be available except for the purchase of ten envelopes.

(12) If a disciplinary-segregated AIC complains of medical, dental, or mental health problems at a time other than the time of the medical staff member's visit, the officer-in-charge will consider the request and determine if immediate action is warranted. If necessary, the officer-in-charge will utilize the established mental health or medical on-call system.

(13) All requests for religious guidance or counseling will be submitted in writing by the AIC and directed to the facility chaplain.

(14) AICs receiving disciplinary sanctions of 14 days or less may complete their sanctions at these facilities. Any AIC sanctioned to 15 or more consecutive days of disciplinary segregation shall be transferred to a facility capable of housing disciplinary-segregated AICs in compliance with OAR 291-011-0015 through OAR 291-011-0064.

Or. Admin. Code § 291-011-0080

DOC 10-2001, f. & cert. ef. 3-21-01; DOC 11-2006, f. 10-12-06, cert. ef. 10-16-06; DOC 3-2024, amend filed 04/01/2024, effective 4/1/2024; DOC 18-2024, temporary amend filed 08/23/2024, effective 8/23/2024 through 2/18/2025

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

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075