Or. Admin. Code § 291-105-0010 - Definitions
(1) Adjudicate: To
determine the disposition of a misconduct report.
(2) Adjudicator: The assigned employee within
the facility responsible for the disposition of all informal hearings and minor
misconduct reports that are to be adjudicated without a formal
hearing.
(3) Adult in Custody
(AIC): A person incarcerated or detained in a correctional facility who is
accused of, convicted of, or sentenced for a violation of criminal law or for
the violation of the terms and conditions of pretrial release, probation,
parole, post-prison supervision, or a diversion program. For the purposes of
these rules, AIC includes individuals who are in the legal custody of the
Department of Corrections but are temporarily outside of the physical custody
of the Department of Corrections for reasons that include, but are not limited
to, transport, court proceeding, medical appointments, work assignment,
programs, or interstate compact. AIC also includes those who have been released
onto Short-Term Transitional Leave, Non-Prison leave, or emergency
leave.
(4) Attempt: Conduct that
constitutes a substantial step towards the commission of a rule
violation.
(5) Calendar Day: All
weekdays, weekends, and holidays.
(6) Conduct Order: An Oregon Department of
Corrections form that allows for various interventions to affect positive
behavioral change, and without the need for a disciplinary hearing, in
accordance with OAR 291-105-0021(1).
Restriction of an AIC's privileges through a conduct order can be for no more
than 72 hours.
(7) Conspiracy: An
agreement between an AIC and one or more persons to engage in, cause, or
conceal a rule violation.
(8)
Contraband: Any article or thing that an AIC is prohibited by statute, rule, or
order from obtaining or possessing, that the AIC is not specifically authorized
to obtain or possess, or that the AIC alters without authorization.
(9) Controlled Substance: A drug or its
precursor as listed in ORS
475.005 through
475.999.
(10) Dangerous or Deadly Weapon: Any
instrument, article, or substance specifically designed for or readily capable
of causing death or serious physical injury.
(11) Deadly Force: Physical force that, under
the circumstances in which it is used, is readily capable of causing death or
serious physical injury.
(12)
Department of Corrections Facility: Any institution, facility, or staff office,
including the grounds, operated by the Department of Corrections.
(13) Digital Currency: Any currency or stored
value (including cryptocurrency) commonly held by a financial institution,
payment service, or digital wallet, and that may be transferred to another
person by electronic or other means. Payment services or digital wallets
include but are not limited to; CashApp, Venmo, Paypal, and Zelle. Digital
currency excludes funds maintained by ODOC in an AIC trust account)
(14) Disciplinary Segregation Unit (DSU): A
housing unit or program status which separates the AIC from the general
population of the facility.
(15)
Distribution: The transfer of contraband from one person to another. This term
includes smuggling or the deliberate destruction of evidence.
(16) Drugs: Any controlled substance as
listed in ORS 475.005 through
475.999.
(17) Drug Paraphernalia: Any equipment,
product or material of any kind which is primarily intended or designed for use
in manufacturing, compounding, converting, concealing, producing, processing,
preparing, injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substances or intoxicants. This includes but is not
limited to pipes, bongs, roach clips, miniature spoons, various types of pipes,
and syringes.
(18) Electronic
Communication Device: A device designed to be used for or is readily capable of
being used for making or receiving wireless communication
transmissions.
(19) Employee: Any
person who is employed full time, part time, or under temporary employment by
the Department of Corrections or Oregon Corrections Enterprises.
(20) Escape Device: Any item designed for,
physically altered for, or readily capable of being used to facilitate an
escape from a secure housing unit, a facility, or from custody.
(21) Facility: Any institution, facility, or
employee office, including the grounds, that an AIC under the supervision of
the Department of Corrections is assigned.
(22) Fine: A monetary sanction imposed in
accordance with these rules (OAR 291-105.) AIC fines shall be deposited as
established under ORS
421.068 as confiscated
funds.
(23) Functional Unit: Any
organizational component within the Department of Corrections responsible for
the delivery of program services or coordination of program
operations.
(24) Functional Unit
Manager: Any person within the Department of Corrections who reports to either
the Director, the Deputy Director, an Assistant Director, or an administrator,
and has responsibility for delivery of program services or coordination of
program operations. In a correctional setting the functional unit manager is
the Superintendent.
(25) Good
Cause: Adequate or substantial grounds or reason to take (or not take) an
action prescribed by law. What constitutes good cause is usually determined on
a case-by-case basis and is thus relative.
(26) Hearings Officer: A DOC employee
assigned to review and adjudicate misconduct reports through a formal
hearing.
(27) Intoxicant: Any
substance, including but not limited to, unauthorized medication, alcoholic
beverages, and inhalants, which causes a disturbance of mental or physical
capacity resulting from the introduction of the substance in the
body.
(28) Lesser Included
Violation: Any violation which is a lesser degree of the charged violation (for
example, AIC Assault III is a lesser included violation of AIC Assault
II.)
(29) Local Jail: Any city or
county lock-up or local correctional facility.
(30) Loss of Privilege (LOP): A sanction that
restricts an AICs access to privileged activities. Privileged activities may
include, but are not limited to, canteen, recreation yard, dayroom, telephone,
tablet, and kiosk.
(31) Money:
Cash, money orders, personal checks, warrants, certified checks, and other
remittances.
(32) Non-Employee
Service Provider (NSP): An individual who provides services or programs to the
Department or to AICs, including an individual who provides services or
programs remotely, but not as a paid employee of the Department. Examples of
non-employee service providers include contractors, volunteers, mentors,
criminal justice partners, and government agency partners.
(33) Non-Prison Leave: A period of leave
preceding an established release date granted to AICs successfully completing
the institution phase of an Alternative Incarceration Program. Non-Prison Leave
is designed to provide AICs with transitional opportunities that promote
successful reintegration into the community and is granted in accordance with
ORS 137.751, ORS
421.508, ORS
421.510 and the Department's
rule on Alternative Incarceration Programs (OAR 291-062).
(34) Officer-in-Charge: That person
designated by the functional unit manager to supervise the facility and make
operational decisions in accordance with rule or procedure during periods when
the functional unit manager or Officer-of-the-day are not readily
available.
(35) Order: Any
direction given to an AIC that directs or forbids the doing of some act over
which the AIC has control. An order may be written, verbal, or gestured
communication (including all Department of Corrections rules; functional unit
rules, and procedures; all federal, state, and local laws; conditions of leave;
and court-ordered terms and conditions).
(36) Oregon Corrections Enterprises (OCE): A
semi-independent state agency established under ORS
421.344 that is a non-Department
of Corrections agency or division. For purposes of this rule only, Oregon
Corrections Enterprises shall not be considered an external
organization.
(37) Physical Force:
The use of hands, other parts of the body, objects, instruments, chemical
devices, electronic devices, firearms, or other physical methods used to
restrain, subdue, control, or intimidate another person, or to compel another
person to act in a particular way or to stop acting in a particular
way.
(38) Physical Injury:
Impairment of physical condition or substantial pain. An impairment of physical
condition can include, but is not limited to, an abrasion, scrape, scratch,
bruise, contusion, or swelling.
(39) Possession: To have physical possession
of or otherwise exercise dominion or control over property.
(40) Public Safety Officer: Corrections
officers, emergency medical dispatchers, emergency medical technicians,
firefighters, parole and probation officers, police officers, certified reserve
officers, reserve officers, telecommunicators, and regulatory
specialists.
(41) Restitution: A
monetary amount ordered in accordance with these rules (OAR 291-105).
Restitution funds will be credited to the institution or program suffering
fiduciary loss or cost from the AIC misconduct and shall be the actual cost
incurred.
(42) Security Device: Any
fixture, device, or tool, the purpose of which is to assist with safety or
security.
(43) Security Threat
Activity: AIC behavior that poses a significant threat to the safe and secure
operation of a facility.
(44)
Security Threat Group (STG): Any group of two or more individuals who:
(a) Have a common name, identifying symbol,
or characteristic, which serves to distinguish themselves from others;
and
(b) Have members, affiliates,
or associates who individually or collectively engage, or have engaged, in a
pattern of illicit activity or acts of misconduct that violate Department of
Corrections rules; and
(c) Have the
potential to act in concert to present a threat, or potential threat, to
employees, non-employee service providers, public, visitors, AICs, or the
secure and orderly operation of the institution.
(45) Serious Physical Injury: Injury that
creates a substantial risk of death, causes protracted disfigurement,
impairment of health, loss or impairment of any bodily organ function, or
death.
(46) Sexual Activity: Sexual
contact includes, but is not limited to: contact between the penis and the
vulva or the penis and the anus, including penetration, however slight; contact
between the mouth and the penis, vulva, or anus; penetration of the anal or
genital opening of another person, however slight, by a hand, finger, object,
or other instrument; any other intentional touching, either directly or through
the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks
of another person or of oneself, in a manner likely to cause abuse,
humiliation, harassment, or degradation to another person, or to cause sexual
arousal, gratification, or desire excluding contact incidental to a physical
altercation; and any other intentional touching to include kissing and
fondling.
(47) Sexual Harassment:
Unwelcome sexual advances, requests for sexual favors, or verbal comments,
gestures, or actions of a derogatory or offensive sexual nature directed toward
another, including, but not limited to, demeaning references to gender,
sexually suggestive or derogatory comments about body or clothing, or obscene
language or gestures.
(48)
Short-Term Transitional Leave: A period of leave preceding an established
release date granted in accordance with ORS
421.168 and the Department's
rule on Short-Term Transitional Leave and Emergency Leaves (OAR 291-063) to
AICs for transitional opportunities that promote successful reintegration into
the community.
(49) Working Day:
Monday through Friday, excluding Saturday, Sunday, or legal holidays.
(50) Working File: Those documents maintained
in a Department of Corrections facility, Community Corrections office, or
functional unit for administrative, operational, or case management
purposes.
Notes
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, 423.020, 423.030, 423.075 & 475.005
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