Or. Admin. Code § 291-104-0111 - Definitions for OAR 291-104-0106 to 291-104-0140
(1) Administrative Review: A review of
classification scoring, classification level, or classification override
requested by an inmate and completed by the designated institution committee,
facility functional unit manager, or Classification Manager.
(2) Arrest: For the purposes of these rules,
arrest means placing a person under full custody (i.e. after being fully
restrained or after being placed in a law enforcement vehicle for transport)
for the purpose of charging that person with an offense.
(3) Classification Action: Initiation of
initial classification, classification review, or classification override to
determine an inmate's custody classification level.
(4) Classification Manager: A Department of
Corrections employee responsible for the development, implementation, training,
auditing, oversight and management of the classification function within the
department.
(5) Classification
Review: The process used by the department to re-evaluate an inmate's assigned
custody classification level. The assigned custody classification level may be
changed as a result of the review.
(6) Corrections Information System (CIS): A
computer system dedicated to tracking information critical to the management of
inmates and offenders under the custody, supervision or both of the Department
of Corrections.
(7) Custody: As it
relates to escape, a person is in custody if a peace officer has placed the
person under arrest for the purpose of charging that person with an offense.
(8) Custody Classification Guide
(Attachment 1): Criteria and guidelines that assist in understanding an
inmate's assigned custody classification level utilizing scoring elements
determined by the Department of Corrections.
(9) Custody Classification Level: One of five
levels of supervision assigned to an inmate through initial and classification
review procedures.
(a) Level 5: An inmate
assigned at this custody classification level meets one of the following
criteria:
(A) Has demonstrated behaviors
causing serious management concerns, or has demonstrated behaviors that in the
judgment of the department present a threat sufficient to require special
security housing on intensive management status.
(B) Has a sentence of death or is pending
retrial in a case in which a sentence of death may be re-imposed.
(C) Has a pending trial for a case in which a
sentence of death may be imposed.
(D) Is under investigation for or has been
charged with the in-custody murder of another inmate or staff.
(b) Level 4: An inmate assigned at
this custody classification level presents a serious risk of escape or
institutional violence, or has time remaining of more than 120 months to life,
with or without parole.
(c) Level
3: An inmate assigned at this custody classification level presents a moderate
risk of escape, has a Level 3 detainer, has demonstrated behavior causing
moderate management concern, or has time remaining of more than 48 to 120
months.
(d) Level 2: An inmate
assigned at this custody classification level presents a limited risk of
escape, or has demonstrated behavior causing limited management concern, and
has time remaining of less than 48 months.
(e) Level 1: An inmate assigned at this
custody classification level presents a minimal risk of escape, meets the
criteria for Detainer-Not Applicable, has demonstrated behavior causing minimal
management concern and has time remaining of less than 48 months.
(10) Department of Corrections
(DOC) Facility: Any institution, facility or staff office, including the
grounds, operated by the Department of Corrections.
(11) Designators: Information, alerts or
statutory designations important for sentence computation and crucial to
determining work crew eligibility, unfenced housing assignment, and the
management of inmates and offenders both in institutions and in the community.
(12) Escape:
(a) For purposes of these rules, escape means
an unlawful departure of a person from custody (as defined herein); or escape,
attempted escape, or conspiracy to escape from any correctional facility,
including state, federal, county or juvenile facilities; or departure and
failure to return to any facility in which a person was court ordered to
reside.
(b) Escape includes the
unauthorized departure or absence from this state by a person who is under the
jurisdiction of the Psychiatric Security Review Board, or under the
jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351;
abscond while on temporary release or transitional leave from a facility; or
escape, attempted escape or conspiracy to escape from the custody of officials
while in a legitimate criminal justice building for a court appearance.
(13) Initial
Classification: The process used by the Department of Corrections to assign an
inmate a custody level upon his/her admission to the physical custody of the
Department.
(14) Inmate: Any
person under the supervision of the Department of Corrections who is not on
parole, post-prison supervision, or probation status.
(15) Office of Population Management: A
functional unit of the department that overseas capacity and resource
management, the inmate classification system, high risk inmate placement,
Interstate Corrections Compact, treatment and program screening, Oregon Youth
Authority/ghost caseloads, centralized Static 99R assessments, centralized
transfer authority, and state and inmate conflict review.
(16) Override: An option utilized when there
is a documented issue(s) not addressed in the classification scoring elements,
or a degree of seriousness in a classification factor that justifies a higher
or lower custody classification level than indicated by the classification
action.
(17) Peace Officer: A
civil officer appointed to preserve law and order, such as a sheriff, police
officer, or parole officer.
(18)
Policy Elements: Areas of potential risk that determine the inmate's custody
classification level: escape history, sentence remaining, detainers, and
institutional behavior.
(19)
Serious Management Concerns: Participation either individually, or in a group,
in behavior which poses a significant threat to the safe and secure operation
of the facility, including, but not limited to,
(a) Threatening or inflicting bodily injury
on another person;
(b) Posing an
immediate risk of escape;
(c)
Promoting or engaging in disruptive group behavior;
(d) Promoting security threat group
activities; or
(e) Being involved
in any other activity that could significantly threaten the safe and secure
operation of the facility, and that such behavior poses a sufficient threat
that, in the judgment of the department, can only be adequately controlled in
appropriate special housing.
(20) Special Population Management (SPM)
Committee: A committee composed of at least three department administrative
staff to include a representative from Institution Operations, Behavioral
Health Services, and the Office of Population Management.
(21) Violence Predictor Score (VPS): A score
based on a mathematical equation used to determine an inmate's potential risk
for violence in an institutional setting during the first twelve months of
incarceration. The equation includes calculations based on an inmate's age,
gender, prior incarcerations, type of crime, aggression, drug history, and
certain personality disorders.
Notes
Attachments referenced are available from the agency.
Stat. Auth: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075
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No prior version found.