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DEPARTMENT OF CORRECTIONS

 

DIVISION 104
CLASSIFICATION (INMATE)

291-104-0106
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:
(a) Establish Department of Corrections policy and procedures for identifying and assigning an appropriate custody level to each inmate committed or transferred to the Department of Corrections and housed in a Department of Corrections operated or contracted facility or those adult-sentenced youths in the custody of Oregon Youth Authority;
(b) Provide information for population management and planning; and
(c) Provide information to support the appropriate distribution of correctional resources for both inmate and agency needs.
(3) Policy:
(a) Custody Level: It is the policy of the Department of Corrections to assign each inmate committed or transferred to the custody of the department the lowest custody level deemed appropriate and to:
(A) Provide the amount of supervision necessary to account for the inmate's whereabouts;
(B) Provide for the safe, secure, and orderly operation of Department of Corrections facilities;
(C) Provide reasonable protection to the general community, staff, and inmate population;
(D) Allow each inmate to exercise independent responsibility commensurate with his or her demonstrated ability and behavior; and
(E) Ensure the provision of appropriate inmate health care, mental health treatment, education, and work programs.
(b) Housing Assignments: It is the policy of the Department of Corrections to assign an inmate housing consistent with his/her custody level, demonstrated behavior, and special needs. No Level 5 inmates shall be housed in a general population housing unit.
(c) The following classification terminology directly corresponds when interpreting DOC administrative rules, policies, or procedures:
(A) Level 5 -- Maximum.
(B) Level 4 -- Close.
(C) Level 3 -- Medium.
(D) Level 2 -- Minimum.
(E) Level 1 -- Minimum.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: CD 2-1989, f. & cert. ef. 2-6-89; CD 14-1991, f. & cert. ef. 6-7-91; CD 18-1993, f. 6-7-93, cert. ef. 6-9-93; CD 20-1994, f. 9-21-94, cert. ef. 10-1-94; DOC 4-2006, f. 5-31-06, cert. ef. 6-1-06; Renumbered from 291-104-0005, DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08
291-104-0111
Definitions for OAR 291-104-0106
to 291-104-0140
(1) Administrative Review: A review
of classification scoring, classification level, or classification override requested
by an inmate and completed by the designated institution committee, facility functional
unit manager, or Classification Manager.
(2) Arrest: For the purposes
of these rules, arrest means placing a person under full custody (i.e. after being
fully restrained or after being placed in a law enforcement vehicle for transport)
for the purpose of charging that person with an offense.
(3) Classification Action:
Initiation of initial classification, classification review, or classification override
to determine an inmate’s custody classification level.
(4) Classification Manager:
A Department of Corrections employee responsible for the development, implementation,
training, auditing, oversight and management of the classification function within
the department.
(5) Classification Review:
The process used by the department to re-evaluate an inmate's assigned custody classification
level. The assigned custody classification level may be changed as a result of the
review.
(6) Corrections Information
System (CIS): A computer system dedicated to tracking information critical to the
management of inmates and offenders under the custody, supervision or both of the
Department of Corrections.
(7) Custody: As it relates
to escape, a person is in custody if a peace officer has placed the person under
arrest for the purpose of charging that person with an offense.
(8) Custody Classification
Guide (Attachment 1): Criteria and guidelines that assist in understanding an inmate’s
assigned custody classification level utilizing scoring elements determined by the
Department of Corrections.
(9) Custody Classification
Level: One of five levels of supervision assigned to an inmate through initial and
classification review procedures.
(a) Level 5: An inmate assigned
at this custody classification level meets one of the following criteria:
(A) Has demonstrated behaviors
causing serious management concerns, or has demonstrated behaviors that in the judgment
of the department present a threat sufficient to require special security housing
on intensive management status.
(B) Has a sentence of death
or is pending retrial in a case in which a sentence of death may be re-imposed.
(C) Has a pending trial for
a case in which a sentence of death may be imposed.
(D) Is under investigation
for or has been charged with the in-custody murder of another inmate or staff.
(b) Level 4: An inmate assigned
at this custody classification level presents a serious risk of escape or institutional
violence, or has time remaining of more than 120 months to life, with or without
parole.
(c) Level 3: An inmate assigned
at this custody classification level presents a moderate risk of escape, has a Level
3 detainer, has demonstrated behavior causing moderate management concern, or has
time remaining of more than 48 to 120 months.
(d) Level 2: An inmate assigned
at this custody classification level presents a limited risk of escape, or has demonstrated
behavior causing limited management concern, and has time remaining of less than
48 months.
(e) Level 1: An inmate assigned
at this custody classification level presents a minimal risk of escape, meets the
criteria for Detainer-Not Applicable, has demonstrated behavior causing minimal
management concern and has time remaining of less than 48 months.
(10) Department of Corrections
(DOC) Facility: Any institution, facility or staff office, including the grounds,
operated by the Department of Corrections.
(11) Designators: Information,
alerts or statutory designations important for sentence computation and crucial
to determining work crew eligibility, unfenced housing assignment, and the management
of inmates and offenders both in institutions and in the community.
(12) Escape:
(a) For purposes of these
rules, escape means an unlawful departure of a person from custody (as defined herein);
or escape, attempted escape, or conspiracy to escape from any correctional facility,
including state, federal, county or juvenile facilities; or departure and failure
to return to any facility in which a person was court ordered to reside.
(b) Escape includes the unauthorized
departure or absence from this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board, or under the jurisdiction of the Oregon Health
Authority under ORS 161.315 to 161.351; abscond while on temporary release or transitional
leave from a facility; or escape, attempted escape or conspiracy to escape from
the custody of officials while in a legitimate criminal justice building for a court
appearance.
(13) Initial Classification:
The process used by the Department of Corrections to assign an inmate a custody
level upon his/her admission to the physical custody of the Department.
(14) Inmate: Any person under
the supervision of the Department of Corrections who is not on parole, post-prison
supervision, or probation status.
(15) Office of Population
Management: A functional unit of the department that overseas capacity and resource
management, the inmate classification system, high risk inmate placement, Interstate
Corrections Compact, treatment and program screening, Oregon Youth Authority/ghost
caseloads, centralized Static 99R assessments, centralized transfer authority, and
state and inmate conflict review.
(16) Override: An option
utilized when there is a documented issue(s) not addressed in the classification
scoring elements, or a degree of seriousness in a classification factor that justifies
a higher or lower custody classification level than indicated by the classification
action.
(17) Peace Officer: A civil
officer appointed to preserve law and order, such as a sheriff, police officer,
or parole officer.
(18) Policy Elements: Areas
of potential risk that determine the inmate’s custody classification level:
escape history, sentence remaining, detainers, and institutional behavior.
(19) Serious Management Concerns:
Participation either individually, or in a group, in behavior which poses a significant
threat to the safe and secure operation of the facility, including, but not limited
to,
(a) Threatening or inflicting
bodily injury on another person;
(b) Posing an immediate risk
of escape;
(c) Promoting or engaging
in disruptive group behavior;
(d) Promoting security threat
group activities; or
(e) Being involved in any
other activity that could significantly threaten the safe and secure operation of
the facility, and that such behavior poses a sufficient threat that, in the judgment
of the department, can only be adequately controlled in appropriate special housing.
(20) Special Population Management
(SPM) Committee: A committee composed of at least three department administrative
staff to include a representative from Institution Operations, Behavioral Health
Services, and the Office of Population Management.
(21) Violence Predictor Score
(VPS): A score based on a mathematical equation used to determine an inmate’s
potential risk for violence in an institutional setting during the first twelve
months of incarceration. The equation includes calculations based on an inmate’s
age, gender, prior incarcerations, type of crime, aggression, drug history, and
certain personality disorders.
[ED. NOTE: Attachments referenced are
available from the agency.]
Stat. Auth: ORS 179.040, 423.020,
423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020,
423.030, 423.075
Hist.: DOC 4-2006, f. 5-31-06,
cert. ef. 6-1-06; DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08; DOC 11-2012(Temp),
f. & cert. ef. 11-5-12 thru 5-4-13; DOC 4-2013, f. & cert. ef. 4-15-13;
DOC 9-2013(Temp), f. & cert. ef. 10-23-13 thru 4-21-14; DOC 6-2014(Temp), f.
2-6-14, cert. ef. 2-12-14 thru 8-11-14; DOC 11-2014, f. & cert. ef. 5-1-14;
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15; DOC 5-2015, f. & cert.
ef. 5-21-15
Procedures
291-104-0116
Initial Classification
(1) The Department of Corrections shall
assign inmates an initial custody level in accordance with the Custody Classification
Guide (Attachment 1) or the inmate’s Violence Predictor Score, whichever is
higher. An inmate will generally be assigned an initial custody classification level
within 30 days of admission to the physical custody of the Department of Corrections.
(2) The Violence Predictor
Score is used as a classification scoring element only during the first twelve months
of an inmate’s incarceration in the Department of Corrections, and may be
applied at the discretion of a Department of Corrections counselor after a thorough
review of an inmate’s records.
(3) Upon admission to the
physical custody of the Department of Corrections, the inmate’s assigned counselor
will determine an inmate’s initial custody level and forward the classification
action to the functional unit manager or designee for approval.
(4) No classification action
is official until the functional unit manager or designee approves the classification
action.
(5) Final approval for any
override of one step will be made by Intake or institution staff and shall be documented
on the classification override comment screen, describing the override reason.
(6) A custody classification
override of more than a single step is not official until approved by the designated
institution committee and the Classification Manager or designee.
(7) A custody classification
of Level 5 is not official until approved by the designated institution committee,
the SPM Committee and the High Risk Placement Manager or designee.
(8) An inmate may request
a copy of his/her official classification action.
(9) All official classification
actions are historically recorded and maintained in the CIS system.
(10) The Office of Population
Management may modify any classification. In such cases, the affected facility will
be notified of the reason(s) for the modification.
[ED. NOTE:
Attachments referenced are not included in rule text. Click here for PDF copy of attachment(s).]
Stat. Auth.: ORS 179.040,
423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 4-2006, f. 5-31-06,
cert. ef. 6-1-06; DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08; DOC 6-2014(Temp), f.
2-6-14, cert. ef. 2-12-14 thru 8-11-14; DOC 11-2014, f. & cert. ef. 5-1-14;
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15; DOC 5-2015, f. & cert.
ef. 5-21-15
291-104-0125
Classification Review
(1) An inmate’s custody classification
level will be reviewed when new information is received that affects a classification
scoring policy element or when an inmate’s Violence Predictor Score has expired.
(2) Custody Classification
Levels 1–4: When new information is received that affects the inmate’s
custody classification level, the inmate’s assigned counselor will review
the classification action for accuracy and forward it to the functional unit manager
for approval.
(a) No classification action
is official until the functional unit manager or designee approves the classification
action.
(b) Final approval for any
override of one step will be made at the institutional level and shall be documented
on the classification override comment screen describing the override reason.
(c) Overrides of more than
a single step are not official until approved by the designated institution committee
and the Classification Manager or designee.
(d) An inmate may request
a copy of his/her official classification action.
(e) All official classification
actions are historically recorded and maintained in the CIS.
(f) The Office of Population
Management may modify any classification action. In such cases, the affected facility
will be formally notified of the reason(s) for the modification.
(g) Counselors may opt to
review inmates with ICE detainers for override to Level 2 for placement or retention
in a minimum facility.
(3) Custody Classification
Level 5:
(a) When an inmate’s
institutional behavior is determined to create serious management concerns, the
classification action will be reviewed by the designated institution committee and
forwarded to the Special Population Management (SPM) Committee for review. If the
SPM committee approves an inmate’s classification at Level 5, the Office of
Population Management will add an IMU5 designator and generate a new classification,
which will be scored as custody classification Level 5.
(b) Once an inmate is assigned
to custody classification Level 5, the automated classification program will maintain
the inmate’s Level 5 custody classification status until the IMU5 designator
is removed, an IMUR designator is added, and a new classification is generated.
The new classification will be scored at custody classification Level 4 for one
year.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 4-2006, f. 5-31-06,
cert. ef. 6-1-06; DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08; DOC 6-2014(Temp), f.
2-6-14, cert. ef. 2-12-14 thru 8-11-14; DOC 11-2014, f. & cert. ef. 5-1-14;
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15; DOC 5-2015, f. & cert.
ef. 5-21-15
291-104-0135
Administrative Review
(1) An inmate may request an administrative
review of his/her classification action by completing and submitting the Department
of Corrections Request for Administrative Review form (CD1120aD) or Request for
Administrative Review of IMU Level 5 Custody form (CD1120aE).
(2) Issues Subject to Administrative
Review: Administrative review is available to an inmate to contest three aspects
of his/her classification action:
(a) The accuracy of custody
classification levels 1–4 scoring;
(b) An override of a scored
custody classification level; or
(c) A Level 5 custody classification.
(3) Custody Classification
Level 1-4 Accuracy of Scoring:
(a) To obtain an administrative
review of a Level 1-4 custody classification score, an inmate must complete the
top portion of a CD1120aD form, and send the completed form, together with any supporting
documentation, to the designated institution committee at the facility where the
inmate is currently housed. The institution committee must receive the request within
30 calendar days of the classification approval date. The institution committee
should complete its review within 30 days after receiving an inmate's review request.
(b) If, after receiving the
review decision of the designated institution committee, an inmate is not satisfied
with the decision, the inmate may obtain further review of the custody classification
Level 1–4 score by sending another completed CD1120aD form, together with
any supporting documentation, and a copy of the institution committee's decision,
to the functional unit manager or designee of the institution where the inmate is
currently housed. The functional unit manager or designee must receive the review
request within 30 calendar days of the institution committee's review decision.
The functional unit manager or designee should complete his/her review within 30
days after receiving the inmate's review request. There shall be no further administrative
review of a custody classification Level 1-4 score.
(c) Inmates engaged in the
intake process may not submit a request for review of their custody classification
score until they are no longer housed at the Intake Center.
(4) Override of a Scored
Custody Classification Level 1–4: To obtain an administrative review of classification
that has been overridden at the institution level, an inmate must complete the bottom
portion of a CD1120aD form and send the completed form to the Classification Manager,
together with any supporting documentation. The Classification Manager must receive
the review request within 30 calendar days of the classification action approval
date. The Classification Manager should complete the review within 30 days after
receiving an inmate's review request. There shall be no further administrative review
of an override decision.
(5) Level Five:
(a) To obtain an administrative
review of a Level 5 custody classification, an inmate must complete the CD1120aD
form and send it to the Classification Manager. The request for review by the inmate
shall include any supporting documentation to be considered in reviewing the appropriateness
of the Level 5 custody classification.
(b) If an inmate has been
assigned to the Intensive Management Unit (IMU), the matter shall be reviewed only
once while the inmate is completing IMU programming.
(c) If an inmate has been
assigned to IMU and retained at custody Level 5 due to serious management concerns,
the inmate will be provided a packet containing a Request for Administrative Review
of Retention at Custody Classification Level 5/IMU (CD1120aE). An inmate may request
further review of the Level 5 custody classification once annually.
(6) A copy of administrative
review decisions will be provided to the inmate and retained in the inmate’s
institution file.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 4-2006, f. 5-31-06,
cert. ef. 6-1-06; DOC 11-2008, f. 5-8-08, cert. ef. 5-13-08; DOC 6-2014(Temp), f.
2-6-14, cert. ef. 2-12-14 thru 8-11-14; DOC 11-2014, f. & cert. ef. 5-1-14;
DOC 1-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15; DOC 5-2015, f. & cert.
ef. 5-21-15
291-104-0140
Classification Quality Assurance
Review
(1) The Classification Manager is responsible
for reviewing facility classification procedures and decisions.
(2) Reviewing shall consist
of routine review of custody Level 1 and 2 placements and review of individual classification
actions at each facility. Such reviews shall be conducted to ensure:
(a) The policies and procedures
set forth in this rule are followed; and
(b) The actions taken by
the facility are adequately documented.
(3) Findings inconsistent
with rule and established procedures shall be documented and reported to the appropriate
functional unit manager or to the Institution Administrator(s) for corrective action.
(4) The Classification Manager
is responsible to review the last classification action for any inmate who is involved
in an escape or escape attempt from a Department of Corrections facility and to
submit a report to the Operations Division Institution Administrators.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 11-2008, f. 5-8-08,
cert. ef. 5-13-08; DOC 6-2014(Temp), f. 2-6-14, cert. ef. 2-12-14 thru 8-11-14;
DOC 11-2014, f. & cert. ef. 5-1-14; DOC 1-2015(Temp), f. & cert. ef. 1-6-15
thru 7-3-15; DOC 5-2015, f. & cert. ef. 5-21-15

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