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DEPARTMENT OF CORRECTIONS
DIVISION 73
MANDATORY AND DESIRABLE CRITERIA FOR SITING CORRECTIONAL FACILITIES
291-073-0010
Authority and Purpose
(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 421.614, 423.020, 423.030 and 423.075.
(2) Purpose: The purpose of this rule is to establish mandatory and desirable criteria to be used in the nomination of sites for the construction and operation of Oregon correctional facilities.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96
291-073-0020
Mandatory Criteria for all Sites
The mandatory criteria for all sites (including medium security and minimum work camps) are listed below. They are not in any order of preference.
(1) A proposed site must be available by purchase, condemnation, exchange or otherwise.
(2) A proposed site must be of sufficient size and shape to accommodate the planned facility and its operation.
(3) A proposed site must not be located in a 100-year flood plain as defined by a current FEMA map.
(4) A proposed site must not be in a designated tsunami inundation zone.
(5) A proposed site must have infrastructure available either on-site or such that they can be provided and maintained cost effectively. This infrastructure includes:
(a) Water for domestic use, fire protection, and irrigation;
(b) Sanitary sewer collection and treatment;
(c) Surface drainage and storm water collection and disposal; and
(d) Electricity, natural gas and/or oil or propane and telecommunications.
(6) A proposed site must be served by road or highway system capable of supporting the planned facility. New roadway construction or roadway improvements (if required) must be able to be constructed at a reasonable cost and be ready at the time the facility is scheduled to be opened.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96Ï
291-073-0030
Desirable Criteria for Medium Security Sites
The desirable criteria for medium security sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered.
(1) A proposed site which is available at little or no cost.
(2) A proposed site which has 200-300 acres with 300 acres the preferred size.
(3) A proposed site which is square or nearly so.
(4) A proposed site which is relatively flat to minimize earthwork, foundation, construction costs and surface/subsurface drainage construction costs.
(5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges.
(6) A proposed site which is not adjacent to a school, unless the parcel is buffered.
(7) A proposed site which is not adjacent to a developed single-family or multi-family residential area, unless the parcel is buffered.
(8) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity.
(9) A proposed site with existing buildings that can be remodeled for utilization in new construction.
(10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage or subsurface high water table.
(11) A proposed site not having an environmental, ecological, cultural or historic feature or condition which cannot be mitigated with remediation and/or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to, wetlands, historic or culturally significant sites, habitat for federally designated threatened and endangered species.
(12) A proposed site that maximizes the use of present Department of Corrections facilities and considers such institution management issues as warehousing, inmate transportation, inmate management, etc.
(13) A proposed site which has judicial, emergency and support services availability:
(a) Fifteen minutes or less to local and/or state police, full service fire department, and emergency medical transport/care;
(b) Sixty minutes or less to a National Guard unit;
(c) Forty-five minutes or less response time from licensed full service in-patient care hospital that accepts OMAP payment;
(d) Forty-five minutes or less to educational institutions to provide GED, vo-tech programs for inmates;
(e) Ninety minutes or less to higher education opportunities for staff development;
(f) Adequate providers of support services to inmates, including counseling, religious, job training and education; and
(g) Reasonable access to court facilities.
(14) A proposed site that can demonstrate eminent opportunity for inmate work by either the public or private sector. Sites that have Oregon Enterprise Zone designations that may be of assistance in attracting a private partner using inmate labor.
(15) A proposed site which is in close proximity to a population area from which a large number of inmates originate.
(16) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community.
(17) A proposed site which is served by interstate and/or major arterial roadway. Paved (providing year around service, two lanes, maintained by state, city or county) interstate access is preferable.
(18) A proposed site with convenient access by public transportation, including commercial airport and surface transportation and public accommodations, such as hotel/motel facilities.
(19) A proposed site with a community of 30,000 population or greater within a 60-mile radius with:
(a) Substantiation of an adequate workforce;
(b) Demonstration of the ability of the community to provide for or develop adequate housing and other community services, including primary and secondary schools;
(c) Range of physical specialty services; and
(d) Community ability to cost effectively provide food, fuel, equipment, spare parts, and maintenance to the facility.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96
291-073-0040
Desirable Criteria for Minimum Security Work Camp Sites
The desirable criteria for medium security work camps sites are listed below. They are not in any order of preference. An alternate means of meeting the intent of a criterion may be considered.
(1) A proposed site which is available at little or no cost.
(2) A proposed site which has 25 acres with 30 acres the preferred size.
(3) A proposed site which is square or nearly so.
(4) A proposed site in which the topography will minimize earthwork, foundation, construction costs and surface/subsurface drainage construction costs.
(5) A proposed site which has natural buffers from surrounding land uses such as lakes, rivers, or ridges.
(6) A proposed site which is rural; isolated locations are appropriate.
(7) A proposed site in which the soils shall not be unduly prone to liquefaction due to seismic activity.
(8) A proposed site which has appropriate soil percolation capacity to use septic tank and drain field, if one is proposed for the site.
(9) A proposed site with existing buildings that can be remodeled for utilization in new construction.
(10) A proposed site not subject to flooding from adjacent bodies of water, natural surface drainage or subsurface high water table.
(11) A proposed site not having an environmental, ecological, cultural or historic feature or condition which cannot be mitigated with remediation and/or health risk assessment prior to the beginning of site development. These conditions include, but may not be limited to wetlands, historic or culturally significant sites, habitat for federally designated threatened and endangered species.
(12) A proposed site that maximizes the use of present Department of Corrections facilities and considers such institution management issues as warehousing, inmate transportation, inmate management, etc.
(13) A proposed site which has judicial, emergency and support services availability:
(a) Thirty minutes or less to local and/or state police, full service fire department and emergency medical transport/care; and
(b) Sixty minutes or less response time from licensed full service in-patient care hospital that accepts OMAP payment.
(14) A proposed site which can identify inmate work opportunities by either the public or private sector.
(15) A proposed site in which the facility is perceived as beneficial by local jurisdiction and community.
(16) A community able to cost effectively provide:
(a) Food, fuel, equipment, spare parts, and maintenance to the facility; and
(b) Support services to inmates, including counseling, religious, job training and education.
Stat. Auth.: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 421.614, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1996(Temp), f. 7-8-96, cert. ef. 1-3-97; CD 13-1996, f. & cert. ef. 10-1-96
Savanna Haven Property
291-073-0100
Authority, Purpose and Policy
(1) Authority: The authority for this
rule 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 this rule is to establish as policy of the Department of Corrections the appropriate
utilization of approximately 104 acres of real property owned by the department
situated in Marion County, Oregon, inside the City of Salem bordering the Oregon
State Correctional Institution described in Exhibit A and hereinafter referred to
as the "Savanna Haven Property."
(3) Policy:
(a) As provided in the Oregon
Sustainability Act, ORS 184.423, Oregon agencies, in their operations, “should
help reduce adverse impacts on native habitats and species and help restore ecological
processes.”
(b) The department understands
that utilization of the Savanna Haven Property must be in compliance with the following:
(A) ORS 184.423;
(B) ORS 276.054;
(C) City of Salem zoning
requirement; and
(D) Salem Area Comprehensive
Plan (Southeast Salem Area Plan).
(c) Consistent with the Oregon
Sustainability Act and with the values and purposes described more fully below,
it is the policy of the Department of Corrections to maintain and utilize the Savanna
Haven Property in a manner that preserves the habitat values of the existing oak
savanna and secures the area from commercial and industrial encroachment, as set
forth in these rules.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 179.040, 423.020, 423.030,
423.075
Stats. Implemented: ORS 179.040,
184.423, 276.054, 423.020, 423.030, 423.075
Hist.: DOC 8-2014, f. &
cert. ef. 3-3-14
291-073-0110
Utilization
(1) The Savanna Haven Property is a
relatively undeveloped area that possesses scenic, aesthetic, open space, agricultural,
natural resources, and wildlife habitat values (collectively "conservation values")
of great importance to the people of Marion County and the State of Oregon. Among
the specific conservation values of the Savanna Haven Property are valuable ecological
systems and plant communities, including but not limited to the following:
(a) Vegetative communities
ranging from grassland and oak savanna to mixed Oregon white oak and conifer woodlands;
(b) Bird species such as
the acorn woodpecker, white breasted nuthatch, and American kestrel rely upon the
savanna (grassland interspersed with oak groves), the woodland, or both for nesting
and feeding grounds.
(2) The Department of Corrections
understands the people of Marion County have a significant interest in the department’s
maintenance and utilization of the Savanna Haven Property, particularly those individuals
and organizations who own land bordering the Savanna Haven Property. Accordingly,
and consistent with purposes, policy and values described in these rules, the department
intends the Savanna Haven Property be maintained in the manner prescribed in subsection
(3) of this rule and utilization of the property be limited to those activities
specified in subsection (4) of this rule.
(3) The Savanna Haven Property
shall be maintained as described below:
(a) Existing Buildings: Three
barns currently exist on the property.
(A) The existing buildings
on the property will be used and maintained by the department.
(B) If any buildings or structures
on the property are damaged and present a safety hazard they will be repaired or
demolished at the department’s sole discretion.
(b) Existing Roadways: Maintenance
of unpaved access roads for necessary improvements and uses permitted on the property
are permitted, but limited to agricultural and maintenance uses.
(A) The gravel roadways providing
maintenance and emergency access to the property will be maintained as appropriate.
(B) No portion of the property
shall be paved or otherwise covered with concrete, asphalt or any other surface
material other than gravel.
(c) Vegetative Cover: The
property shall be maintained with vegetative cover.
(A) Areas of significant
natural resource and habitat value may be restored and maintained.
(B) The control of non-native
vegetation by removal or herbicide application is permissible.
(C) Diseased or hazardous
trees will be removed as permitted by City of Salem Revised Code Chapter 68.
(d) It is specially noted
that in restoration of Willamette Valley oak woodland and savannah habitat, selective
or complete removal of Douglas-fir is a normal professional restoration practice.
Douglas-fir trees may be removed from the property to improve the habitat value
of the savannah and woodlands.
(4) Permissible activities
of the Savanna Haven Property include the following:
(a) Agricultural production
limited to the following:
(A) Grass hay production
and harvesting in the field area surrounding the existing barns. The primary benefit
of the grass hay production and harvesting will be weed and fire danger control.
(B) Plant, raise and harvest
non-wholesale/retail nursery stock for use by the agencies of the State of Oregon.
(b) Educational opportunities
including, but not limited to:
(A) Utilization of portions
of the property to engage in approved programs of education, training, and restorative
activities.
(B) Making the property available
for use as a field study site for educational programs offered by colleges and universities.
(c) Signage: The department
may place signs on the property, including but not limited to, signs to identify
boundaries and plant species.
(5) If there are any changes
to the utilization of the Savanna Haven Property as specified in this rule, the
department shall provide reasonable opportunity for public comment by scheduling
a rulemaking hearing. Pursuant to ORS 183.335, the department shall give notice
of the rulemaking hearing to the following:
(a) Legislators as specified
in ORS 183.335(15);
(b) Interested parties maintained
on the department’s mailing list pursuant to ORS 183.335(8);
(c) Individuals and organizations
who own land bordering the Savanna Haven Property;
(d) City of Salem Public
Works Director; and
(e) Marion County Planning
Director.
Stat. Auth.: ORS 179.040, 423.020, 423.030,
423.075
Stats. Implemented: ORS 179.040,
184.423, 276.054, 423.020, 423.030, 423.075
Hist.: DOC 8-2014, f. &
cert. ef. 3-3-14
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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