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

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 28
SEARCHES (COMMUNITY CORRECTIONS)

 
 
291-028-0100
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 144.404, 179.040, 423.020, 423.030 and 423.075.
(2) Purpose: The purpose of this rule is to establish a safe and uniform process for conducting searches whenever a parole and probation officer reasonably believes such search will disclose evidence of a violation of the conditions imposed by the releasing authority.
Stat. Auth.: ORS 144.404, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 144.404 - 144.409, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 7-2006, f. & cert. ef. 7-24-06
291-028-0105
Definitions
(1) Cohabitant: Joint owner, roommate, spouse or any other party who shares a residence or any other type of property with the offender.
(2) Common Dwelling Area: The area inside a shared residence which the offender would normally be expected to use on a daily basis; e.g., bathroom, living room, kitchen. This does not include areas which are under the exclusive control of a cohabitant.
(3) Consent: Obtaining permission from an offender or a cohabitant to allow a search. The offender or cohabitant may give consent verbally, or by conduct which clearly indicates consent.
(4) Contraband: Any item or material which is prohibited by law, or by an order of the releasing authority.
(5) Lead Officer: The lead parole and probation officer designated as being in charge of the search.
(6) Offender: Any person under supervision who is on parole, post-prison supervision, transitional leave, local control and/or probation status.
(7) Officer: Any state parole or probation officer certified as such by the Department Public Safety Standards and Training (DPSST).
(8) Reasonable Grounds: Exists when facts and circumstances within the officer's knowledge are sufficient to justify a belief that a violation has occurred.
(9) Releasing Authority: The Department of Corrections, the Board of Parole and Post-Prison Supervision, local supervisory authority or the court.
(10) Search: A comprehensive inspection of the person premises, possessions and vehicles of an offender with consent from the offender or the cohabitant possessing control over the premises.
(11) Seizure: To take control and custody of an item or material.
Stat. Auth.: ORS 144.404, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 144.404 - 144.409, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 7-2006, f. & cert. ef. 7-24-06
291-028-0110
General Guidelines
(1) Searches of offenders may be conducted only in the reasonable pursuit of correctional objectives for the purposes of officer safety, protection of the public, and reformation of the offender.
(2) An offender shall be given notice at the time of review of his/her conditions of supervision that failure to give consent to a search based upon reasonable grounds may result in arrest and/or revocation.
(3) Consent to search must be given at the time of the search by the offender or cohabitant. Neither the cohabitant nor offender may consent to search property under the exclusive control of the other.
(4) The offender or cohabitant has the right to limit the areas to be searched or to withdraw their consent to search at any time during the search. If that occurs, the scope of the search shall be limited or immediately discontinued. If the offender substantially limits or withdraws consent, he/she may be arrested for violation of the search condition.
(5) A search may be conducted by a parole and probation officer or by a representative of the officer who is assisting at the officer's request.
(6) Additional consent to search vehicles or any unattached buildings must be obtained from the consenting party.
(7) Unless consent is given by the cohabitant, any search of the cohabitant's personal living quarters or vehicle shall be done by a law enforcement officer pursuant to a warrant or an exception to the warrant requirement.
(8) An officer shall direct the offender(s) to remain in an area of limited access while the search is in progress in order to preserve evidence, for the protection of search personnel, and in the event that consent to search is subsequently limited or withdrawn.
(9) Property defined as contraband, things otherwise criminally possessed or possessed in violation of supervision conditions, unclaimed goods or property taken for safekeeping may be seized during the search. Offenders shall be provided with a receipt detailing any property seized pursuant to this rule.
(10) Photographic documentation of a violation may be used as evidence.
(11) The lead officer has authority over the planning, directing and controlling of the search until such time as law enforcement action is warranted.
(12) Contraband observed in plain view during the course of a contact or prior to requesting permission to search, may be seized.
Stat. Auth.: ORS 144.404, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 144.404 - 144.409, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 7-2006, f. & cert. ef. 7-24-06
291-028-0115
Handling and Disposition of Seized Property
The handling, seizure, and disposition of property shall be done in accordance with ORS 144.404 -- 144.409.
Stat. Auth.: ORS 144.404, 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 144.404 - 144.409, 179.040, 423.020, 423.030, 423.075

Hist.: DOC 7-2006, f. & cert. ef. 7-24-06

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