Oregon Administrative Rules Chapter 291 - DEPARTMENT OF CORRECTIONS
🏛️ Overview of OAR Chapter 291 – Department of Corrections
OAR Chapter 291 establishes the regulatory framework for the operations, management, and oversight of correctional facilities and community corrections programs in Oregon. The rules are organized into various divisions, each addressing specific aspects of corrections:
Division 11 – Disciplinary Segregation
Purpose: Establishes procedures and standards for placing and maintaining adults in custody (AICs) in disciplinary segregation.
Key Provisions:
Placement Criteria: Outlines conditions under which AICs may be placed in disciplinary segregation.
Review Procedures: Specifies timelines and processes for reviewing segregation placements.
Duration Limits: Sets maximum durations for disciplinary segregation.
Division 105 – Prohibited Conduct and Processing Disciplinary Actions
Purpose: Defines prohibited conduct and establishes procedures for processing disciplinary actions.
Key Provisions:
Conduct Definitions: Lists behaviors considered prohibited within correctional facilities.
Disciplinary Procedures: Details steps for investigating and adjudicating alleged misconduct.
Sanction Guidelines: Provides guidelines for determining appropriate sanctions.
Division 111 – Accessibility for Adults in Custody with Disabilities
Purpose: Ensures that qualified AICs with disabilities are not excluded from participation in, or denied the benefits of, DOC programs, services, or activities.
Key Provisions:
Accessibility Requests: Allows AICs to request modifications to remove barriers.
Grievance Procedures: Provides a process for addressing complaints related to accessibility.
Division 139 – Legal Affairs
Purpose: Addresses the legal rights and resources available to AICs.
Key Provisions:
Legal Access: Ensures AICs have access to legal materials and assistance.
Mail and Communication: Regulates the sending and receiving of legal correspondence.
Division 149 – Work Release Programs
Purpose: Establishes guidelines for work release programs for eligible AICs.
Key Provisions:
Eligibility Criteria: Defines criteria for participation in work release programs.
Program Requirements: Outlines expectations and responsibilities for participants.
⚖️ Relevant Case Law
Several legal principles and cases provide insight into how the rules in OAR Chapter 291 are applied and enforced:
1. Wilson v. Department of Corrections (2013)
Issue: Whether OAR 291-131-0035(1)(a), which prohibits inmates from receiving sexually explicit material that poses a threat to facility security, violates the Oregon Constitution.
Ruling: The Oregon Court of Appeals upheld the rule, stating it was a valid regulation aimed at maintaining facility security and did not violate the constitutional rights of inmates. willamette.edu
2. Oregon Justice Resource Center v. Oregon Department of Corrections (2025)
Issue: Whether certain disciplinary segregation practices violate constitutional protections against cruel and unusual punishment.
Ruling: The Oregon Court of Appeals reviewed the application of OAR 291-011-0005(2) and related rules, affirming that the Department's practices were consistent with constitutional standards. caselaw.findlaw.com
🧾 Practical Implications
For stakeholders involved with Oregon's correctional system, understanding and complying with OAR Chapter 291 is crucial. Here are some key takeaways:
Disciplinary Procedures: Ensure that all disciplinary actions comply with the procedures outlined in Divisions 11 and 105 to uphold due process rights of AICs.
Accessibility Compliance: Facilities must adhere to Division 111 to provide necessary accommodations for AICs with disabilities, ensuring equitable access to programs and services.
Legal Access: Division 139 mandates that AICs have access to legal materials and assistance, which is essential for maintaining their legal rights.
Work Release Programs: Division 149 provides guidelines for work release programs, offering AICs opportunities for rehabilitation and reintegration into society.
🔍 Conclusion
OAR Chapter 291 serves as the cornerstone for regulating the operations and management of correctional facilities and community corrections programs in Oregon. By adhering to these rules, the Department of Corrections ensures the fair and humane treatment of adults in custody while maintaining the security and integrity of correctional institutions.
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