Or. Admin. Code § 291-127-0405 - Definitions
(1) Accompanied
Visit: A type of visitation authorized by the Department of Corrections in its
correctional facilities in which an adult in custody is permitted to visit with
a minor child who remains in the company of an approved adult visitor with the
written consent of the custodial parent or guardian.
(2) Adult in Custody (AIC): Any person under
the supervision of the Department of Corrections who is not on parole,
probation, or post-prison supervision status.
(3) Adult on Supervision: Any person under
the supervision of a local community corrections agency who is on probation,
leave, parole, or post-prison supervision.
(4) Basic Visiting: A type of visitation
authorized by the Department of Corrections in its correctional facilities in
which an adult in custody and an approved visitor are permitted to see and talk
with each other on a scheduled basis for a reasonable period of time with no
physical contact.
(5) Co-Defendant:
A person who has been convicted of a crime in which the adult in custody had
some involvement in the same criminal incidents which gave rise to the
conviction, or who is currently the subject of a criminal prosecution for the
same criminal incidents involving the adult in custody.
(6) Conspiracy: An agreement between an adult
in custody and one or more persons to engage in, cause, or conceal a rule
violation or criminal activity.
(7)
Contraband: Any article or thing which an adult in custody is prohibited by
statute, rule, or order from obtaining, possessing, or which the adult in
custody is not specifically authorized to obtain or possess or which the adult
in custody alters without authorization.
(8) Contractor: Any person under contractual
arrangement to provide services to the department; any person employed by
private or public sector agencies who is serving under any
department-sanctioned assignment to provide services or support to department
programs.
(9) Department of
Corrections Facility: Any institution, facility or employee office, including
the grounds, operated by the Department of Corrections.
(10) Disrespect: Where a visitor directs
hostile, sexual, abusive, or threatening language or gestures, verbal or
written, towards or about another person.
(11) Disturbance: Conduct or activity which
unnecessarily interferes with visitation operations, or which advocates,
encourages, promotes or otherwise creates or poses a threat to the safety,
security, health and good order of the facility, or the safety and security of
adults in custody, employees, visitors, contractors or the community. A visitor
commits a disturbance if they advocate, create, engage in, maintain or promote
an annoying condition or disorder characterized by unruly, noisy, or violent
conduct which disrupts the orderly administration of the visiting
process.
(12) Domestic Partner: An
individual joined in a domestic partnership.
(13) Domestic Partnership: A civil contract
between two individuals of the same sex who are at least 18 years of age, who
are otherwise capable and at least one of whom is a resident of Oregon, which
has been filed with the County Clerk and entered in the domestic partnership
registry.
(14) Electronic
Communication Device: A device designed to be used for or is readily capable of
being used for making or receiving wireless communication
transmissions.
(15) Employee: Any
person employed full-time, part-time or on temporary appointment by the
Department of Corrections.
(16)
Excessive Contact: Prolonged or frequent contact between a visitor and an adult
in custody which exceeds the brief embrace and kiss upon meeting and leaving.
Excessive is not casual contact, but rather a pattern of contact beyond rule
limits. Hand-holding or holding of children is specifically allowed.
(17) 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 facility, the functional unit manager is the
superintendent.
(18) Holiday: A day
recognized and announced annually as a holiday. If the actual and generally
recognized holiday differs from the day recognized by the Department of
Administrative Services, the holiday recognized for purposes of this rule is
the date indicated on the calendar.
(19) Inflammatory: Material whose presence in
the facility is deemed by the department to constitute a direct and immediate
threat to the security, safety, health, good order, or discipline of the
facility because it incites or advocates physical violence against
others.
(20) Immediate Family
Member: Spouse, domestic partner, parent or guardian, sibling, child, aunt,
uncle, niece, nephew, grandchildren, and grandparents, including foster,
in-law, and step relationships.
(21) Inappropriate Relationship: A personal
relationship between an adult in custody or adult on supervision and any
employee or non-employee service provider of any state, county, or federal
correctional facility that developed during the course of employment or as a
non-employee service provider or as a result of same.
(22) Intake Status: The period of time
following delivery of an adult in custody to the custody of the Department of
Corrections in which the department conducts its intake processing of the adult
in custody including, but not limited to, the conduct of medical and mental
health assessments, custody classification, and identification of programming
needs and assignments.
(23)
Non-Employee Service Providers (NSP): An individual who provides services or
programs to the department and or to adults in custody, 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.
(24) Official Records:
Police Reports, indictments, judgement orders, or other official government
records.
(25) Oregon Corrections
Enterprises: A semi-independent state agency that is a non-Department of
Corrections agency or division, which is under the authority of the Director of
the Department of Corrections. For purposes of this rule only, Oregon
Corrections Enterprises shall not be considered an external
organization.
(26) Privileged
Visiting: A type of visitation authorized by the Department of Corrections in
its correctional facilities in which an adult in custody and an approved
visitor are permitted to see and talk with each other on a scheduled basis for
a reasonable period of time with limited physical contact, consisting of a
brief embrace and kiss upon meeting and leaving, hand holding, and holding of
children.
(27) Professional Visits:
Visitation for nonsocial purposes by attorneys, representatives for criminal
justice agencies, state or local agencies, other public government agencies or
for therapeutic or programming purposes.
(28) Search: A close inspection, including
touching in an impartial manner, of a person, vehicle, possessions, or other
property, or buildings or premises. For purposes of entering a correctional
facility, searches often require the removal and separate inspection of shoes,
belts, jackets, and other accessories during processing. Types of searches
include the following:
(a) Clothed: To search
a person for something by running the hands over the clothed person, through
the hair, inspecting pockets and cuffs, and other items in their
possession.
(b) Hand-Wand
Inspection: A search procedure wherein the person will be asked to stand with
feet and legs apart and arms out to the side while a wand is passed in close
proximity to all areas of the visitor's body.
(c) Unclothed: A search procedure wherein the
person being searched removes all of their clothing and is visually examined
and clothing removed is carefully inspected before return and redressing, for
the purpose of detecting contraband.
(29) Service Animal: A dog that is
individually trained to do work or perform tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability. Other species of animals, whether
wild or domestic, trained or untrained, are not considered service animals.
Dogs whose sole function is to provide comfort or emotional support do not
qualify as service animals under the Americans with Disabilities Act
(ADA).
(30) Sexual Activity: Sexual
contact including, but not limited to sexual intercourse, kissing, fondling, or
manipulation of the genitalia, buttocks, and breasts of another person, or of
oneself, in a manner which produces or is intended to produce sexual
stimulation or gratification.
(31)
Sex Crime Involving a Minor Child: Any conviction (including juvenile
adjudications) of a sexual crime committed, attempted, or conspired in which a
minor child was involved, victimized, or the intended victim.
(32) Special Visits: Those visits listed
below:
(a) A type of visitation authorized by
the Department of Corrections in its correctional facilities in which an adult
in custody is permitted to visit with a person who is not on the adult in
custody's approved visiting list;
(b) An extra visit by an adult in custody and
a person who is on the adult in custody's approved visiting list that is
permitted beyond the limits on the number of visits established by these rules
and the facility; and
(c) A visit
that is permitted at an hour or place at which visits are not normally
permitted.
(33) Spouse: A
person who is legally married to an adult in custody.
(34) Termination of Visiting: The end of
visiting privileges for the day by order of a visiting area employee or other
authorized employee.
(35) Visitor:
Any person, not a department or Oregon Corrections Enterprises employee,
non-employee service provider, or other agency liaison who is within the secure
perimeter of a Department of Corrections facility.
(36) Volunteer: An approved person who
donates time, knowledge, skills, and effort to enhance the mission, activities,
and programs of the Department (includes practicums and interns). Volunteers
serve at the pleasure of the department and are not considered employees.
Volunteers are subject to the provisions of the department's rules on
Volunteers and Students Interns (OAR 291-015).
Notes
Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
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