Stat. Auth.:ORS179.040, 423.020, 423.030 & 423.075 Stats. Implemented:ORS137.124, 179.040, 423.020, 423.030 & 423.075 Hist.: Cd 25-1991, F. & Cert. Ef. 12-11-91; Doc 13-2015, F. & Cert. Ef. 10-20-15


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 34
TRANSFERS (INMATE)
291-034-0005
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 the process and procedures for the orderly commitment
and transfer of inmates from one Department of Corrections facility to another.
This rule also establishes the process for the approval of those commitments and
transfers.
(3) Policy:
(a) In accordance with provisions
of ORS 137.124, 421.455, and the administrative rules of the Board of Parole and
Post-Prison Supervision, it is the policy of the Department of Corrections that
inmates under the jurisdiction of the Department of Corrections may be transferred
from one Department of Corrections facility to another.
(b) It is the policy of the
Department of Corrections that all non-emergency transfers of inmates between facilities
be coordinated and approved by the Office of Population Management and the DOC Transport
Unit.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 137.124,
179.040, 423.020, 423.030 & 423.075
Hist.: CD 25-1991, f. &
cert. ef. 12-11-91; DOC 13-2015, f. & cert. ef. 10-20-15
291-034-0010
Definitions
(1) 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.
(2) Department of Corrections
Facility: Any institution, facility or staff office, including the grounds, operated
by the Department of Corrections.
(3) Inmate: Any person under
the supervision of the Department of Corrections who is not on parole, probation,
or post-prison supervision status.
(4) Intake Facility: A Department
of Corrections facility Intake Center where newly committed inmates and parole violators
are evaluated as to custody classification, risk and needs assessments, and are
assigned to the appropriate facilities within the state prison system.
(5) Office of Population
Management: A functional unit of the department that oversees capacity and resource
management, the inmate classification system, high risk inmate placements, Interstate
Corrections Compact, treatment and program screening, Oregon Youth Authority/ghost
caseloads, centralized Static 99R assessments, centralized transfer authority, and
staff and inmate conflict reviews.
(6) Transfer: A movement
and reassignment of supervision of an offender between Community Services/community
corrections offices or an inmate between Department of Corrections facilities.
(7) Transfer Coordinator:
The DOC Transport Unit staff member responsible for reviewing approved inmate transfer
requests to prioritize and coordinate the logistics, planning, and scheduling of
DOC inmate transfers. This position is also the primary DOC liaison with law enforcement,
county jails, and courts for coordinating and scheduling inmate transfers for interviews
and/or court appearances and return to DOC custody.
(8) Transport: The DOC Transport
Unit.
(9) 1206 Transfer Request:
A DOC approved electronic process using the Corrections Information Systems (CIS)
to initiate a request for inmate transfers.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 137.124,
179.040, 423.020, 423.030 & 423.075
Hist.: CD 25-1991, f. &
cert. ef. 12-11-91; DOC 13-2015, f. & cert. ef. 10-20-15
Procedures
291-034-0015
Intake Facility Transfers
(1) All transfers from the Coffee Creek
Intake Center shall be based upon the inmate's classification score, medical status,
program needs, available bed space, and operational needs of the department.
(2) Staff at the Coffee Creek
Intake Center is responsible for:
(a) Compiling the background
information on all inmates;
(b) Conducting risk and needs
assessments;
(c) Placing appropriate designators;
(d) Initiating inmate classification,
and when appropriate, the Work Housing Assessment Level Evaluation (WHALE); and
(e) Making appropriate recommendations
for transfer to the Office of Population Management.
(3) If the Office of Population
Management determines the recommendation is appropriate and bed space is available,
the Office of Population Management shall approve the inmate for transfer.
(4) If the Office of Population
Management determines the recommendation cannot be endorsed, the Office of Population
Management shall determine the appropriate facility, or refer the transfer request
back to intake staff.
(5) After the request has
been approved by the Office of Population Management, Transport will schedule the
inmate for transportation. Transport may transfer an inmate to an alternate facility
when appropriate and necessary for staging purposes or due to current operational
needs.
(6) Inmates with special
circumstances (i.e., medical services) shall be reviewed by the Office of Population
Management and Transport for consideration of special transfer and transport arrangements.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 137.124,
179.040, 423.020, 423.030 & 423.075
Hist.: CD 25-1991, f. &
cert. ef. 12-11-91; DOC 13-2015, f. & cert. ef. 10-20-15
291-034-0020
Routine Transfers
(1) When institution staff becomes aware
an inmate's current placement may no longer meet his/her custodial or program needs
or is contrary to existing policy, the inmate shall be considered for transfer to
another Department of Corrections facility.
(2) Institution staff shall
provide information to the Office of Population Management and Transport via the
CIS using the 1206 transfer request screen. This information includes the inmate's
current classification and/or WHALE, needs assessments, special case considerations,
and medical status.
(a) The 1206 transfer request
will be reviewed and approved or denied by the Office of Population Management.
(b) If a routine transfer
needs to be completed that day and the Office of Population Management staff is
unavailable, the Transfer Coordinator may approve the 1206 transfer request. The
Transfer Coordinator may deny a 1206 transfer request at the time of the move if
the circumstances have changed (i.e. medical restrictions, custody level change,
security concerns, etc.).
(3) When transfers are necessary
to meet the population management needs of the department, the Office of Population
Management will make requests of institution staff to identify appropriate inmates
for transfer.
(4) Transport will provide
notice to both the sending and receiving facilities of inmates being transported
on the following business day, except in emergency cases, or for security reasons.
(5) The sending facility
shall ensure the information (e.g., classification, medical, and designators) provided
to the Office of Population Management and Transport is accurate before the actual
transfer.
(6) The sending facility
will ensure all inmates transferred to another facility are transferred with the
following: institution file, medical file (including any prescribed medicine), inmate
property, and inmate ID card.
(7) If an inmate is removed
from a scheduled transfer, the sending facility shall contact the Office of Population
Management and Transport.
(8) The Transfer Coordinator
may enter and approve 1206 transfer requests for certain moves, including but not
limited to, court, law enforcement interviews, staging, and interstate transfers.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 137.124,
179.040, 423.020, 423.030 & 423.075
Hist.: CD 25-1991, f. &
cert. ef. 12-11-91; DOC 13-2015, f. & cert. ef. 10-20-15
291-034-0025
Administrative Transfers
(1) All administrative transfers will
be requested through the use of the 1206 transfer request 1206 screen in the CIS.
The 1206 transfer request will be reviewed and approved or denied by the Office
of Population Management.
(2) When an inmate’s
conduct is determined to be a threat to the safety or security of the facility,
the inmate may be referred for transfer using a 1206 transfer request.
(3) Transfers for medical
or mental health purposes will be coordinated through the Medical Services or Behavioral
Health units of both the sending and receiving facilities, and be processed through
the Office of Population Management by the sending facility. Upon completion of
the needed medical or mental health care, the inmate may be considered for transfer.
(4) Emergency Transfers:
(a) If the conduct or presence
of an inmate is an immediate danger to the security of the facility or safety of
staff, the inmate, or other inmates, and the facility does not have adequate segregation
facilities to contain the behavior or provide the necessary security, an emergency
transfer may be made pursuant to the following procedures:
(A) When the functional unit
manager or designee determines an emergency transfer is necessary, a telephone or
e-mail request shall be directed to the receiving facility, and coordinated with
the Office of Population Management and the Transfer Coordinator during business
hours, or notice sent to the Office of Population Management and the Transfer Coordinator
after business hours;
(B) The request shall include
the inmate's name, SID number, and all applicable information, including the reason
for the emergency transfer.
(b) The sending facility
shall notify the receiving facility of the number of inmates being transferred,
including the date and time of the transfer. The transporting officer shall ensure
all records and personal property are sent with the inmate. Exceptions to this include,
but are not limited to the following, the inmate’s personal property is unavailable
at the time of transport or there is not enough available vehicle space to move
the inmate’s property.
(c) If the move occurs outside
normal office hours, the Office of Population Management will receive an automatic
notification on the next business day and may follow up with the sending facility
with the reason for the transfer.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 137.124,
179.040, 423.020, 423.030 & 423.075
Hist.: CD 25-1991, f. &
cert. ef. 12-11-91; DOC 13-2015, f. & cert. ef. 10-20-15
291-034-0030
General — Institutional Instruction
(1) When an inmate is transferred from
one facility to another, the inmate's updated file, including health records, will
be transferred to the receiving facility.
(2) Inmates must work with
their counselors regarding transfers outside of those that meet basic operational
needs of the department, e.g., work assignments, educational, or program needs.
The counselor is responsible for ensuring the transfer is consistent with the inmate’s
case plan, and transfers have been approved by the appropriate stakeholders. Stakeholder
approval must be reflected in the 1206 transfer request.
(3) While the department
recognizes the importance of family and friends in the rehabilitation of inmates,
the department is unable to grant transfer requests for the purpose of hardship
or convenience. An inmate may request a temporary transfer for a supervised trip
or emergency leave in accordance with the rules on Emergency Leaves and Supervised
Trips (OAR 291-063).
(4) Every effort will be
made to house an inmate near his/her releasing county within 6-12 months before
the inmate’s release date.
(5) Each facility shall designate
staff responsible for review and approval of transfer requests. These requests will
be entered into the 1206 transfer request screens for approval by the Office of
Population Management.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 137.124,
179.040, 423.020, 423.030 & 423.075
Hist.: CD 25-1991, f. &
cert. ef. 12-11-91; DOC 13-2015, f. & cert. ef. 10-20-15

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