Or. Admin. Code § 416-415-0040 - Youth in Custody Eligibility for Participation in a Work Program
(1) The facility
superintendent, camp director, Program Staff , or Facility Services Assistant
Director may consider any eligible Youth in Custody for assignment to a Work
Program .
(2) The facility
superintendent, camp director, Program Staff , or Youth in Custody 's
Multidisciplinary Team may initiate a Youth in Custody 's eligibility review for
assignment to a Work Program .
(3)
The Work Program approval authority, in the Work Program approval authority's
sole discretion, may assign a Youth in Custody to a Work Program . The Work
Program approval authority may specify conditions for the Youth in Custody 's
assignment to and participation in the Work Program .
(4) Eligibility Criteria.
(a) To be considered for assignment and
participation in any Work Program , a Youth in Custody must:
(A) Complete initial medical and mental
health assessments according to OYA policy;
(B) Complete required safety and health
training according to OYA policy; and
(C) Be age appropriate for the Work Program
as determined by the Work Program approval authority. Youth in Custody under 18
years of age must not perform any work prohibited by state or federal
regulations pertaining to child labor.
(b) Onsite Work Program and Offsite Work
Program .
To be considered for assignment to and participation in an
(A) Meet the criteria listed in section
(4)(a) of this rule;
(B) Be at
least 16 years of age;
(C) Have no
history of escape from a close-custody or secure facility;
(D) Have exhibited consistent high-level
positive programming and progress toward reentry into the community as
determined by the Work Program approval authority;
(E) Have no Major Behavior Violations within
the last three months; and
(F) For
DOC Youth in Custody , have 36 months or less remaining until community
placement.
(c) Work
Release . To be considered for assignment and participation in a Work Release
program, a Youth in Custody must:
(A) Meet the
criteria listed is sections (4)(a) and (4)(b) of this rule;
(B) Have successfully participated in an
Offsite Work Program for at least 60 days;
(C) Have no conviction or adjudication for a
sex crime as listed in ORS
181.805(5);
(D) Have no conviction or adjudication for a
stalking crime as listed in ORS
163.732;
(E) Have no active court restraining or
stalking protective order;
(F) Have
no Major Behavior Violations within the last six months;
(G) Have no detainer(s); and
(H) For DOC Youth in Custody :
(i) Have six months or less remaining until
community placement;
(ii) Not have
been sentenced under ORS
137.635,
137.700,
137.707, or any other provision
of law that prohibits eligibility for any form of temporary leave or release
from custody; and
(iii) Have an
order of the sentencing court appearing in the judgment of conviction and
sentence indicating the DOC Youth in Custody 's eligibility for consideration
for participation in a work release program pursuant to ORS
137.750.
(d) In addition to the
eligibility criteria set forth in sections (4)(a), (4)(b), (4)(c), and (4)(d)
of this rule, designated Program Staff and the Work Program approval authority
may consider additional screening criteria in determining whether to recommend
or approve a Youth in Custody for assignment to a Work Program , including but
not limited to the following:
(A) Whether the
Youth in Custody 's physical and mental condition is suitable to obtain and
maintain work in the facility or community, participate in education programs,
or participate in treatment programs as authorized by OYA;
(B) The recommendation of the juvenile or
sentencing court, if any;
(C)
Whether the Youth in Custody 's criminal history includes crimes which may be
cause for significant community concern, the circumstances of which may
indicate that the Youth in Custody may not be suitable for assignment to
specific Work Program activities; and
(D) Whether the Youth in Custody 's behavior
violation history includes any patterns of conduct the circumstances of which
may indicate that the Youth in Custody may not be suitable for assignment to
specific Work Program activities.
(5) The Work Program approval authority may
waive any eligibility criteria specified in OAR 416-000-0040(4) except for OAR
416-000-0040(4)(c)(H), unless the Youth in Custody is otherwise ineligible to
participate in a Work Program under one or more provisions of law.
(6) DOC Youth in Custody must be specifically
approved by the Department of Corrections (DOC) to participate in Onsite Work
Programs, Offsite Work Programs, or Work Release in order to participate in
such programs.
(7) The Work Program
Manager must notify a Youth in Custody approved for assignment and
participation in Work Release in writing of the approval and any conditions of
participation specified by the Work Program approval authority.
(8) A Youth in Custody may appeal the Work
Program approval authority's decision regarding the Youth in Custody 's Work
Program assignment approval or disapproval by filing a Youth in Custody
grievance according to OAR chapter 416, division 20 (Youth in Custody Grievance
Process).
Notes
Statutory/Other Authority: ORS 420A.025, 420A.010 & 420.240
Statutes/Other Implemented: ORS 420A.010, 420.060, 420.225, 420.230, 420.240, ORS 420.245, 420.250, 420.255, 420.260 & 420.270
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