The Oregon Administrative Rules contain OARs filed through November 15, 2015
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION
OREGON YOUTH AUTHORITY
DIVISION 420
VISITORS TO OYA FACILITIES
416-420-0000
Purpose
(1) These rules define the process by which persons may gain entrance to Oregon Youth Authority (OYA) facilities for the purpose of increasing individual knowledge about OYA services or interacting with an offender placed there.
(2) These rules apply to all offenders who are committed to the legal or physical custody of the OYA, and placed in OYA facilities.
(3) All offenders, except as specifically provided in these rules, are eligible for visits while confined in an OYA facility.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 162.135, 162.185, 419C.478, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05
416-420-0010
Facility Entrance
(1) OYA acknowledges the importance
of partnerships with community members, knowing that the effectiveness of those
partnerships is increased when community members understand the services offered
by OYA. OYA recognizes the importance of interaction between offenders in its custody
with family and members of the community. Such access allows offenders to maintain
contact with their families and community, and contributes to effective planning
for an offender's treatment needs.
(2) OYA will control access
into and out of facilities that physically house offenders, in order to maintain
the security, safety, sound order, and discipline within the facility.
(a) Approval to enter facilities
is granted by the facility superintendent or camp director. This approval may be
delegated according to OYA policy.
(b) Requests to enter a facility
require advance notice, according to OYA policy and local operating protocol.
(c) All persons who enter OYA
facilities will be supervised by staff. Individual contact with offenders is prohibited,
unless specifically authorized by the facility superintendent or camp director.
(d) Persons must conform to
all security and control procedures enforced at the facility. Failure to do so is
grounds for refusal of entry or removal if entry has already been gained.
(A) Facility staff will notify
persons of all relevant rules, policies, procedures, and protocols prior to entry
into the facility.
(B) Persons may be asked to
submit to a search of their person (may include use of visual inspection, metal
detectors, or other electronic devices) or personal property.
(C) Persons may be subject to
an electronic criminal records check.
(D) The facility will place
limitations on the type of property that is allowed within the secure perimeter
of the facility. Visitors will not possess or carry onto the grounds of any OYA
facility explosive devices, firearms, ammunition, pocket knives, alcoholic beverages,
narcotics, dangerous drugs, aerosol spray cans, or objects or material of any kind
that might be used to compromise the safety and security of the facility. No cameras,
tape recorders, or electronic devices are allowed without specific written authorization
of the facility superintendent or camp director.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 162.135,
162.185, 419C.478 & 420A.120
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11,
cert. ef. 9-15-11
416-420-0020
Tours
(1) Approval by the OYA is required for all facility tours in compliance with these rules and OYA policy and procedure. Typically, tours are granted to persons interested or involved in juvenile corrections, such as:
(a) Oregon state officials;
(b) Juvenile justice professionals from other agencies;
(c) Students older than age 18, as part of an educational program (exceptions for underage students may be approved by the facility Superintendent/Camp Director).
(2) All tours will be supervised by staff. Some parts of the facility may be off-limits, and individual contact with offenders is prohibited unless specifically authorized.
(3) As part of the approval process, the OYA requires that the names of persons who plan to participate in the tour be provided in advance. Persons must check-in at the designated reception area and present photo identification.
(a) Persons not prior authorized to participate in the tour will be denied access into the facility.
(b) Persons who are on parole/probation status in the community, former OYA offenders, or family members of offenders currently under OYA custody must be individually approved in writing by the facility Superintendent/Camp Director to participate in a facility tour.
(c) Persons who attempt to bring any contraband into a facility will be denied access into the facility.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 162.135, 162.185, 419C.478, 420A.120
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05
416-420-0030
Visits with Offenders
(1) Prior authorization by OYA
is required for all persons who request to visit an offender, in compliance with
these rules and OYA policy.
(2) Staff will consider all
requests from individuals who request to visit an offender and allow or deny the
visit on the basis of the interests of the security and order of the facility and
what would best benefit the offender. When making a determination about whether
to allow visitation, staff will consider:
(a) Facility security and order;
(b) The relationship that exists
between the offender and the visitor;
(c) The offender's case plan;
(d) The goals for the visit;
(e) The offender's wishes;
(f) Orders of the court; and
(g) The recommendation of the
Department of Corrections (DOC) (for offenders in the physical custody of OYA and
legal custody of DOC).
(3) Visitation with offenders
is limited to those persons who are integral to the offender's case plan. Those
persons typically include:
(a) Family members, including
but not limited to: parents, siblings, children of offenders, legal guardians, members
of step families, surrogate parents, or grandparents;
(b) Attorney for the offender
(subject to OAR chapter 416, division 150);
(c) Persons involved in treatment
planning, including but not limited to mentors, transition resources, or placement
options; and
(d) Other persons, as approved
on a case-by-case basis.
(4) Any person may be denied
visitation with an offender for the following reasons:
(a) The person does not have
prior authorization to visit an offender;
(b) The person appears to be
intoxicated, under the influence of a controlled substance, or otherwise behaving
in an unlawful or inappropriate manner;
(c) The person has abused or
may abuse an offender;
(d) The person has encouraged
the offender to violate the law or disobey OYA rules, policies, procedures, or protocols;
(e) There is reasonable cause
to believe the person intends to aid an offender in escaping;
(f) The person has violated
OYA rules, policies, procedures, or protocols;
(g) The person has interfered
with the good order, security, or operations of the facility and there is reasonable
cause to believe the person will do so again;
(h) The time of the person's
visit interferes with daily programming;
(i) The visit interferes with
the offender's overall reformation;
(j) The committing court, DOC,
or Community Corrections has ordered that the person not visit;
(k) The offender or the offender’s
parent or legal guardian has requested that the person not visit;
(l) The person is a former OYA
staff, volunteer, or contractor who engaged in an inappropriate relationship with
an offender;
(m) The person is on supervision
in the community by any supervising authority; or
(n) The person has an active
warrant.
(5) If a request for visitation
is denied, OYA will provide the requestor and the affected offender with a written
statement of the determination. An offender may appeal the decision using the grievance
process outlined in OAR chapter 416, division 20 and OYA policy. The requestor may
appeal the decision in writing to the facility superintendent or camp director within
30 days of receiving the written statement of the determination.
(6) Persons who visit offenders
are subject to the following standards:
(a) Visitors ages 13 and older
must present valid photo identification;
(b) Visitors must arrange with
facility staff prior to the scheduled visitation if they wish to bring personal
items or gifts to the offender;
(c) Visitors less than the age
of 18 must be accompanied by his/her parent or guardian;
(d) Visitors must comply with
the visitation schedule for each facility, including the day, time, and length of
visit allowed, and check-in at the designated reception area;
(e) The number of visitors will
be limited if space, supervision, or security require it;
(f) Visitors will wear conventional
clothing in a manner which is not unduly suggestive, in accordance with facility
protocol, and which does not pose a threat to the safety, security, health, treatment,
or good order of the facility. Clothing that is revealing, such as shorts higher
than mid-thigh, low cut blouses, shoulder straps less than one inch wide or clothing
that exposes the stomach, back, or other areas is prohibited. Clothing that displays
or suggests the use of alcohol, drugs, or profanity is prohibited. Clothing, hairstyles,
insignias, or other paraphernalia associated with street gangs is prohibited. Footwear
must be worn;
(g) Visitors will not exchange
any object or article with an offender;
(h) Visitors will control children
and remove them from the visiting area if necessary to avoid disturbing other visitors;
(i) Minor children or animals
will not be left unattended in cars or on institution property; and
(j) Neither a visitor nor an
offender will be permitted to visit with a person who is not specifically authorized
for the current visit.
(7) Requests from media representatives
to visit an offender are subject to the provisions of OAR chapter 416, division
060.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011,
420A.010 & 420A.125
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11,
cert. ef. 9-15-11
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.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
