Or. Admin. Code § 291-201-0120

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-201-0120 - Assignment Provisions

(1) Once program needs, health status, and approved AIC program assignment eligibility are determined, eligible AICs will be placed in approved programming by designated staff, as space and supervision capacities allow. Assignments shall be made to maximize the number of AICs that are engaged in approved program assignments in accordance with Article I, Section 41 of the Oregon Constitution and the provisions of these rules.

(2) Upon delivery at a Department of Corrections facility, AICs will be assigned to Admission and Orientation (A&O) in order to complete intake processing, educational testing, counselor interviews, and allow each AIC to make an initial adjustment to the institutional setting. The length of A&O will usually not exceed 30 days. However, programming (safety training, cognitive programming, etc.) may be added to extend A&O in some circumstances, upon review and approval by the functional unit manager or designee. In such cases, written documentation will be on file at the facility to specify the type of programming added, a summary of the program content, and length of time added to A&O. AICs will not be assigned to an approved AIC program assignment while in A&O.

(3) AICs will be placed into a review program for no more than two weeks upon return from court, release from special housing, or release from the infirmary. File reviews, counselor interviews, investigation, and other associated tasks will be completed during this time. Eligible AICs will be assigned to an approved program assignment following completion of the review program.

(4) AICs will be placed into a pre-release program not more than 120 days prior to their projected release date. During this time AICs will concentrate on release and transition programming and planning. Counselors and assignment staff will determine if the AIC will continue with current approved program assignments or assigned other approved program assignments.

(5) Health Services staff, in consultation with the institution AIC ADA Coordinator, shall determine if an AIC has any physical disabilities or medical restrictions which may limit or prohibit the AIC from participating in an approved program assignment. Health Services staff will notify necessary facility staff of the restriction, its duration (where indicated), and any work or other program areas to which the AIC may not be assigned (food services, physical plant, etc.). AICs determined to have a medical restriction which may limit or prohibit them from participating in an approved program assignment may be excused from participation in such assignment or have their participation reduced. An AIC whose participation in an approved program is excused or reduced may submit an accessibility request under the ADA rule.

(6) Behavioral Health Services (BHS) staff, in consultation with the institution AIC ADA Coordinator, shall determine if an AIC has any mental disabilities or restrictions which may limit or prohibit the AIC from fully participating in an approved program assignment. BHS staff will notify necessary facility staff of the restriction. AICs determined to be unable to participate in an approved program assignment due to a mental disability or psychological restriction may be excused from participation in such assignment or have their participation reduced. An AIC whose participation in an approved program assignment is excused or reduced may submit an accessibility request under the Accessibility for Adults in Custody with Disabilities rules.

(7) AICs assigned to any alternative incarceration programs (AIP) or alcohol and drug treatment programs approved by the Treatment Assignment Screening Committee (TASC) are engaged in approved program assignments in accordance with Article I, Section 41 of the Oregon Constitution and the provisions of these rules.

(8) AICs assigned to special housing may be assigned to work or program assignments but will be considered ineligible for assignment to an approved program assignment and exempt from the requirements of Article I, Section 41 of the Oregon Constitution for the duration of the housing assignment.

(9) Some AICs may be identified by the department as too high risk to participate in an approved program assignment. AICs identified as such shall be ineligible for participation in an approved program assignment. The MDT at each facility (or a committee designated by the superintendent) shall identify AICs that qualify for this status using a process that, at a minimum:

(a) Conservatively identifies eligible AICs within the facility;

(b) Reviews AIC history (work, misconduct, programming, housing, relationships, gang affiliation, etc.), conducting interviews when necessary, and prior to AIC placement on this status;

(c) Does not allow AIC participation in work assignments during the placement;

(d) Performs monthly reviews of history and progress every 4-6 weeks, beginning a month after placement; and

(e) Removes AICs once risks and concerns diminish.

Or. Admin. Code § 291-201-0120

DOC 21-2000, f. & cert. ef. 8-18-00; DOC 7-2021, amend filed 04/16/2021, effective 4/16/2021

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

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