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DEPARTMENT OF CORRECTIONS
DIVISION 200
PRISON ADVISORY COMMITTEE
291-200-0010
Authority, Purpose, and Policy
(1) Authority: The authority for these
rules is granted to the Director of the Department of Corrections in accordance
with ORS 179.040, 423.020, 423.030 and 423.075.
(2) Purpose: The purpose
of these rules is to establish Department of Corrections policy and procedures for
the establishment and operation of prison advisory committees (PACs) for Department
of Corrections facilities.
(3) Policy: It is the policy
of the Department of Corrections to establish and facilitate operations of prison
advisory committees (PACs) for Department of Corrections facilities in accordance
with the mission, vision and values of the department, and these rules.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 9-1999(Temp),
f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99;
DOC 11-2013, f.& cert. ef. 11-1-13
291-200-0020
Definitions
(1) Affected Communities: Those cities
and counties in which a Department of Corrections facility is sited or exists, or
which due to their proximity to a Department of Corrections facility commit extensive
resources to the ongoing operation of the facility.
(2) Facility: An institution
or facility operated by the Department of Corrections which physically houses inmates.
(3) Superintendent: Any person
within the Department of Corrections who reports to the Assistant Director for Operations
Division or Institutions Administrator and has the responsibility for the delivery
and coordination of program operations in a specific facility.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 9-1999(Temp),
f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99;
DOC 11-2013, f.& cert. ef. 11-1-13
Procedures
291-200-0030
General
(1) The Department of Corrections, in
cooperation with affected communities, may establish prison advisory committees
for each Department of Corrections facility.
(2) The Department of Corrections
may establish a single prison advisory committee for more than one Department of
Corrections facility sited or operating in the same locale when deemed necessary
or desirable by the affected facility superintendents. A decision to establish a
single prison advisory committee for multiple Department of Corrections facilities
must be approved by the Department of Corrections Assistant Director(s) —
Institutions or the Assistant Director(s)' designee.
(3) Each prison advisory
committee shall be identified using the name of the Department of Corrections facility(ies)
for which it was established (e.g., “Two Rivers Correctional Institution Advisory
Committee”).
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 9-1999(Temp),
f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99;
DOC 11-2013, f.& cert. ef. 11-1-13
291-200-0040
Function and Purposes
(1) When established, prison advisory committees shall:
(a) Serve as a citizen advisory group to the facility superintendents and designated Department of Corrections representatives regarding correctional issues, activities and practices affecting their community(ies).
(b) Promote open and effective communication between affected community(ies) and Department of Corrections officials during the life of the facility, from siting through operation and ultimate closure.
(c) Serve as a community-based conduit through which information is disseminated to and received from the public.
(d) Work in cooperation with the superintendent or other designated Department of Corrections staff to address specific issues that develop during the life of the facility.
(e) Assist the superintendent or other designated Department of Corrections staff in developing and promoting safe opportunities for the utilization of inmate labor.
(f) Work in cooperation with the superintendent or other designated Department of Corrections staff to promote, support, and communicate the mission, vision, and values of the department.
(2) Prison advisory committees shall not establish Department of Corrections policies, rules, internal management directives or procedures.
Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
291-200-0050
PAC Bylaws
(1) Prison advisory committees shall adopt and operate in accordance with the model bylaws developed by the Department of Corrections to govern committee activities. A copy of the department's model bylaws for prison advisory committees is attached hereto as Exhibit A and is incorporated as a part of Division 200 of OAR Chapter 291. The model bylaws address the following subject areas:
(a) Establishment;
(b) Name;
(c) Purpose;
(d) Membership;
(e) Orientation and training;
(f) Term of Membership;
(g) Officers;
(h) Committee operation;
(i) Resources and services;
(j) Conflict of interest; and
(k) Amendments.
(2) Prison advisory committees may amend and make additions to the model bylaws and adopt procedures to govern their activities, as they deem necessary or advisable, to the extent that they are consistent with these and other Department of Corrections policies, internal management directives and procedures, and state and federal laws, regulations, and administrative rules.
(3) Before taking effect, bylaws and procedures, and amendments thereto, shall require the written approval of the facility superintendent or designated Department of Corrections representative.
[ED. NOTE: Copies of the Exhibit referenced in this rule are available from the agency.]
Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
291-200-0060
PAC Membership Standards, Number, Selection and Terms
(1) Prison advisory committee member eligibility, numbers, selection and terms of service shall be determined by each committee and established in the committee's bylaws in accordance with these rules.
(2) Member Eligibility: Any adult individual, residing or working within an affected community, may be a member of a prison advisory committee unless he or she has been convicted of a felony crime in the past five years. Ex-offenders are eligible to serve as members of prison advisory committees if they have been off supervision for a minimum of five years, are nominated and selected and meet all other criteria for membership. Prison advisory committees may adopt additional eligibility requirements consistent with their communities and operational needs.
(3) Voting Member Appointment: The superintendent or designated Department of Corrections representative, in cooperation with either the mayor, county commission chair or sheriff of an affected community(ies), shall appoint the voting members of a prison advisory committee. Consistent with section (4) of this rule, appointments shall be made from among nominations forwarded by local elected officials, organizational leaders, or individual members of the affected community(ies). Also considered for appointment shall be those members of the affected community(ies) who respond to public requests for participation.
(4) Member Composition:
(a) Positions on a prison advisory committee may be filled by individuals from the categories listed below. Local elected officials shall seek representation on prison advisory committees from as many of these groups and interest areas as may be present in the affected community(ies):
(A) Public safety agencies;
(B) Crime victims;
(C) Higher education;
(D) Primary and secondary education;
(E) Health care service providers;
(F) Business community/Chamber of Commerce;
(G) Social services;
(H) Judiciary;
(I) Ministerial association/ religious community;
(J) Civic and community organizations;
(K) Employment and training/economic development;
(L) Housing/ real estate;
(M) Professional services;
(N) Utility providers;
(O) Media; and
(P) Community at large.
(b) At least one-fourth of a prison advisory committee's voting members shall be selected and appointed from the community at large.
(5) Ex-Officio Member Appointment: The superintendent or designated Department of Corrections representative may appoint to the prison advisory committee as ex-officio (non-voting) members local government officials from the affected community(ies), or other persons recommended by local government officials or the prison advisory committee.
(6) Prior to being appointed to serve on a prison advisory committee, an individual shall disclose information to the superintendent or designated Department of Corrections representative concerning those issues that the superintendent or designated Department of Corrections representative determines could impact the orderly and secure operation of a facility or the work of the prison advisory committee. Such information shall include, but not be limited to, an individual's criminal history and his or her relationship(s) with persons who have been or currently are inmates within the Department of Corrections.
(7) Non-Discrimination in Appointment of Members: No person shall be excluded from serving as a member of a prison advisory committee due to affiliation with any organization or institution, or on the basis of race, ethnic origin, religious affiliation, sex, age, or disability.
(8) Members appointed to a prison advisory committee shall serve at the pleasure of the Department of Corrections.
Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
291-200-0070
Specific Responsibilities
(1) The Department of Corrections, acting through the facility superintendent or designated Department of Corrections representative, shall:
(a) Establish a communication process by which the prison advisory committee is informed of decisions and rationales concerning matters forwarded to the superintendent or designated Department of Corrections representative by the committee;
(b) Attend all prison advisory committee meetings as an ex-officio member;
(c) Inform the prison advisory committee of operational changes at the facility or within the department when disseminating such information does not compromise the safe, secure and orderly management and operation of facility or the department;
(d) Keep minutes of prison advisory committee meetings and distribute copies to all prison advisory committee members and members of the Oregon Department of Corrections executive management team;
(e) Publish notice of prison advisory committee meetings in accordance with the requirements of the public meetings law. In the event that a prison advisory committee complies with the public meetings law as a matter of policy only, the superintendent or designated Department of Corrections representative may refrain from publishing notice of a meeting when the superintendent or designated Department of Corrections representative determines that necessity or convenience so requires;
(f) Provide necessary training and orientation to prison advisory committee members, including but not limited to the following subject areas:
(A) Department of Corrections mission, vision and goals;
(B) Department of Corrections administrative rules, policies and procedures;
(C) Visitation, tours, and orientation to facilities operations and programs;
(D) Lobbying restrictions; and the
(E) Department of Corrections Code of Ethics.
(g) Approve reasonable prison advisory committee operating and training expenses, and provide for payment thereof within the limits of the Department of Corrections resources and consistent with the function and purposes of prison advisory committees;
(h) Provide a site for prison advisory committee meetings, if necessary;
(i) Establish a protocol for the prison advisory committee members to periodically tour and orient themselves to facility operations.
(2) Prison advisory committees shall execute the duties and responsibilities set out in the model bylaws referenced in OAR 291-200-0050.
Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: DOC 9-1999(Temp), f. & cert. ef. 6-15-99 thru 12-12-99; DOC 15-1999, f. 9-23-99, cert. ef. 10-1-99
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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