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DEPARTMENT OF CORRECTIONS

 

DIVISION 16
FACILITY ACCESS

291-016-0010
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 specify the security requirements for persons, vehicles, tools, equipment and supplies to gain access to Oregon Department of Corrections facilities.
(3) Policy: It is the policy of the Department of Corrections to control access into and out of facilities which physically house inmates in order to maintain the security, sound order, or discipline of the facility. All persons enter a facility at their own risk and will be required to meet the security and control measures enforced at the facility.
Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0020
Definitions
(1) Authorized Staff: Employees of the
Department of Corrections, and employees of the State Board of Parole and Post-Prison
Supervision and Oregon Corrections Enterprises, who are assigned to work in or at
a public building owned or occupied by the department.
(2) Concealed Handgun License
(CHL): A current and valid Oregon Concealed Handgun License issued by the employee’s
county of residence in accordance with ORS 166.291 and 166.292.
(3) Contractor: Any person
under contractual arrangement to provide services to the Department of Corrections.
(4) Employee: Any person
employed full time, part time or under temporary appointment by the department.
(5) Facility: The building
and grounds area operated by a functional unit which physically houses inmates.
(6) Facility Access: The
designated location in a facility which is the only authorized entrance (except
as authorized by the functional unit manager or designee) and exit for persons desiring
access into or out of the perimeter of the facility.
(7) Facility Visitor: Any
person authorized access inside the secure perimeter of a facility who is not a
department employee, contractor, volunteer, other agency liaison or who is not an
inmate visitor at the facility.
(8) Functional Unit: Any
organizational component within the Department of Corrections responsible for the
delivery of program services or coordination of program operations. In a correctional
facility, the functional unit manager is the superintendent.
(9) Functional Unit Facility:
A term used to declare any Department of Corrections facility in which a functional
unit person performs his/her duties or services.
(10) Functional Unit Manager:
Any person within the Department of Corrections who reports to either the Director,
an Assistant Director or an administrator and has responsibility for the delivery
of program services or coordination of program operations.
(11) Functional Unit Person:
Any employee, contractor, approved carded volunteer, or other agency liaison assigned
to work or provide services at a functional unit facility.
(12) Identification Card
(ID Card): A picture identification card authorized by the Department of Corrections
and issued to a department employee, contractor, volunteer or other agency liaison.
(13) Inmate Visitor: A person
approved by the functional unit manager or designee to visit an inmate who resides
in a facility.
(14) Oregon Corrections Enterprises:
A semi-independent state agency that is a non-Department of Corrections agency or
division, which is under the authority of the Director of the Department of Corrections.
For purposes of this rule only, Oregon Corrections Enterprises shall not be considered
an external organization.
(15) Oregon Corrections Enterprises
(OCE) Employee: Any person employed full-time, part-time, or under temporary appointment
by the Oregon Corrections Enterprises. For the purposes of this rule only, employee
shall also include any person under contractual arrangement to provide services
to the agency; any person employed by private or public sector agencies who is serving
under agency-sanctioned special assignment to provide services or support to agency
programs.
(16) Other Agency Liaison:
Employees from other state and local agencies that have ongoing business needs serving
inmates and employees of the department. These employees include, but are not limited
to, county parole and probation officers and state police detectives.
(17) Personal Handgun: A
handgun possessed by an authorized staff member. “Handgun” includes
any pistol or revolver using a fixed cartridge containing a propellant charge, primer
and projectile, and designed to be aimed or fired otherwise than from the shoulder.
(18) Reception Center (Inmate):
The designated location(s) in a facility which is designed for transport officials
to deliver or pick up an inmate housed in a functional unit.
(19) Reception Center (Public):
The designated location(s) in a facility designed to control access for persons
to enter the general inmate population area(s).
(20) Secure Perimeter: A
manufactured structure (usually a fence or wall) that encloses a portion of the
grounds and buildings and is designed to control entry or exit within the enclosure.
The manufactured structure may use electronic detection for intrusion, doors and/or
gates for entry and exit, lighting for visibility, and other physical restrictions
such as razor ribbon, no climb fencing, and buried concrete curbing.
(21) Vehicle: A vehicle that
is self-propelled and commonly known as a passenger car, van, truck or motorcycle.
(22) Volunteer: An approved
person who donates time, knowledge, skills, and effort to enhance the mission, activities,
and programs of the department. A carded volunteer has completed a volunteer application,
volunteer training, facility orientation, and functional unit orientation, and has
been approved by a functional unit manager or his/her designee.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 26-1992, f. 12-11-92,
cert. ef. 1-2-93; DOC 24-1999(Temp), f. 7 cert ef. 12-22-99 thru 6-19-00; DOC 12-2000,
f. & cert. ef. 6-19-00; DOC 10-2006, f. & cert. ef. 10-9-06; DOC 14-2014(Temp),
f. 6-5-14, cert. ef. 6-6-14 thru 12-3-14; DOC 17-2014(Temp), f. & cert. ef.
7-2-14 thru 12-3-14; DOC 23-2014, f. & cert. ef. 12-3-14; DOC 7-2015(Temp),
f. & cert. ef. 7-1-15 thru 12-27-15; DOC 15-2015, f. & cert. ef. 10-20-15

Procedures

291-016-0030
General Guidelines
(1) Access to the facility and its grounds will be controlled to maintain security, sound order, or discipline.
(2) Access to the facility and its grounds will be granted to persons not assigned to the facility for official business, operational necessities, and other activities as approved by department directives or the functional unit manager or designee.
(3) Access to all facilities for persons will be through the facility access location as specified by the functional unit manager or designee.
(4) All persons entering the facility will be required to comply with department directives.
(5) No person will leave or carry onto the grounds of the facility explosive devices, firearms, ammunition, alcoholic beverages, narcotics, dangerous drugs, and objects or material of any kind which might be used to compromise the security, sound order, or discipline of the facility, except as provided in the section (6) below.
(6) Drug detection dog handlers are authorized to possess and use search and training aids (i.e., controlled substances including, but not limited to marijuana, heroin, cocaine, and methamphetamines) within and outside the department's correctional facilities in the course of performing drug searches and training assignments.
(7) Physical welfare cannot be guaranteed since there is an inherent risk for violence in a prison environment.
(8) All persons entering the facility will be subject to screening devices similar to metal detectors. All inmates, employees, volunteers and visitors confined, working or visiting will be subject to search of their persons, living units, work areas, vehicles, possessions and other property as specified in the Department of Corrections rule on Searches (Institutions) (OAR 291-041).
(9) All persons entering the facility will be required to provide sufficient information for the functional unit to review criminal history and background. Any persons may be denied access to a facility if it would compromise the security, sound order, or discipline of the facility.
(10) All persons entering the facility will be required to possess and present on demand adequate identification as defined in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) or the policy on Identification Cards #20.5.15.
(11) All persons entering the facility, other than the employees assigned to work at that facility or OCE employees assigned to work at that facility, will be required to complete the appropriate facility register.
(12) All persons entering the facility will be required to meet the appropriate dress code as specified in the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) or the policy on Dress Code #20.1.6.
(13) All facility visitors, except department and OCE employees, carded volunteers, contractors, and other agency liaison, will be under the continual supervision of a functional unit person, unless no supervision has been authorized by the functional unit manager or designee or department directive.
(14) No exchange of material or conversation will be permitted between an inmate and a visitor entering the facility or grounds except as authorized by the functional unit manager or designee.
[ED. NOTE: Attachment referenced is 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.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93; CD 3-1993(Temp), f. & cert. ef. 2-4-93; CD 13-1993, f. 5-12-93, cert. ef. 6-1-93; DOC 24-1999(Temp), f. 7 cert ef. 12-22-99 thru 6-19-00; DOC 12-2000, f. & cert. ef. 6-19-00; DOC 10-2006, f. & cert. ef. 10-9-06

Persons Access

291-016-0040
Employee Access
(1) The Department employee ID card will grant access to its authorized holder to any Department of Corrections functional unit or facility to perform required Department duties.
(2) An employee will be granted unrestricted access to his/her assigned functional unit facility(ies) to perform required Department duties.
(3) An employee will be granted access to a facility other than his/her assigned facility(ies) to perform required Department duties. The employee will perform the following:
(a) Present his/her Department ID card at the facility entrance and/or reception center;
(b) Complete the Facility Access Register (CD 52a);
(c) Display his/her Department ID card on the upper chest area while at the facility; and
(d) Place the time of departure and initial the Facility Access Register before leaving the facility.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93; DOC 10-2006, f. & cert. ef. 10-9-06
291-016-0045
Oregon Corrections Enterprises Employee Access
(1) The OCE employee ID card will grant access to its authorized holder to any Department of Corrections functional unit or facility to perform required agency duties.
(2) An OCE employee will be granted unrestricted access to his/her assigned functional unit facility(ies) to perform required agency duties.
(3) An OCE employee will be granted access to a facility other than his/her assigned facility(ies) to perform required agency duties. The employee will perform the following:
(a) Present his/her Oregon Corrections Enterprises ID card at the facility entrance and/or reception center;
(b) Complete the Facility Access Register (CD 52a);
(c) Display his/her Oregon Corrections Enterprises ID card on the upper chest area while at the facility, and
(d) Place the time of departure and initial the Facility Access Register before leaving the facility.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: DOC 24-1999(Temp), f. 7 cert ef. 12-22-99 thru 6-19-00; DOC 10-2006, f. & cert. ef. 10-9-06
291-016-0050
Contractor, Volunteer, and Other Agency Liaison Access
(1) The department contractor, volunteer, or other agency liaison ID card will grant access to its authorized holder to the assigned functional unit or facility(ies) to perform required Department duties and/or activities.
(2) The contractor, volunteer, or other agency liaison will perform the following:
(a) Proceed through the metal detector or similar device and meet security and dress standards as required by department directives (except police officers and parole and probation officers with proper identification will not be required to proceed through the metal detector;
(b) Present his/her Department ID card at the facility entrance or reception center;
(c) Complete the Facility Access Register (CD 52a);
(d) Present his/her Department ID card on the upper chest area while at the facility; and
(e) Place the time of departure and initial the Facility Access Register before leaving the facility.
(3) Steps (a) through (e) above may be waived individually or collectively by authorization of the facility functional unit manager.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93; DOC 10-2006, f. & cert. ef. 10-9-06
291-016-0060
Facility Visitor Access
(1) The facility reception center will maintain sufficient quantities of "facility visitor" ID cards. The facility visitor ID cards will be red in color and numbered in sequence.
(2) The facility visitor ID card will be worn by the facility visitor entering the secure perimeter.
(3) The Visitor Authorization form (CD 451) will be used to authorize persons for official business for tours, meetings, repair service, estimates, consultation and other operational necessities.
(4) A Visitor Authorization form will be completed to authorize the entry of a facility visitor into the secure perimeter. Names on the form will be listed by last name first, first name last, and in alphabetical order.
(5) The Visitor Authorization form will require the authorization signature of a functional unit manager or designee.
(6) The Visitor Authorization form will be routed to the reception center (public) prior to the designated time of the visit.
(7) The facility visitor will perform the following:
(a) Proceed through the metal detector or similar device and meet security and dress standards as required by the functional unit facility. Police officers and parole officers with proper identification will not be required to pass through the metal detector, however, they will be required to follow all of steps (b) through (g) below;
(b) Complete the Facility Access Register (CD 52a);
(c) Provide his/her drivers license or other suitable photo identification as a deposit to the reception center. Police officers and parole officers will be required to provide their professional police officer and parole officer identification. Police officers and parole officers may be requested to provide a phone number or contact person for verification purposes;
(d) Obtain a facility visitor ID card at the reception center;
(e) Display the facility visitor ID card on the upper chest area while at the facility;
(f) Remain under the supervision of the functional unit person, (escort) authorized by the functional unit manager or designee, while inside the secure perimeter; and
(g) Return the facility visitor ID card to the reception center, obtain his/her deposited photo identification, and place the time of departure and initial the Facility Access Register before leaving the facility.
(8) The use of the metal detector or similar device may be waived individually or collectively by authorization of the facility functional unit manager.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93; DOC 10-2006, f. & cert. ef. 10-9-06
291-016-0070
Inmate Visitor Access
An inmate visitor will be granted access as specified in the Department of Corrections rule on Visiting (Inmate).
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0080
Transport Access (Law Enforcement Officials)
(1) Official(s) transporting an inmate(s) will be directed to secure all weapons and ammunition in the weapons locker (usually located outside of buildings) or in his/her transport vehicle if a weapons locker is unavailable.
(2) Official(s) will be given directions for access into the facility reception center (inmate).
(3) The identification of the official(s), if unknown, will be verified. If a problem prevents possible identification of the official(s), direct contact with the official's agency will be made to clarify discrepancies. The officer-in-charge of the facility will be contacted if an identification problem cannot be cleared through the official's agency.
(4) The reception center employee(s) will provide supervision and directions to the official(s) while inside the facility. The directions will include instructions for access out of the facility.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0090
Vehicle Access
(1) A vehicle(s) not assigned to the facility, but having official business on the grounds or inside the secure perimeter, will be granted access as authorized by the security manager or designee.
(2) A vehicle(s) assigned to the facility will be granted access inside the secure perimeter as required for facility operations and authorized by the security manager or designee.
(3) A vehicle entering or exiting the secure perimeter will be searched prior to actual entry and exit by a functional unit employee for contraband and unauthorized personnel. The vehicle search will be conducted inside a vehicle sally-port if available at the facility.
(4) An emergency vehicle(s) authorized by the security manager or designee that enters or exits the secure perimeter will be expedited by a quick visual search to verify authorized individuals and equipment.
(5) A vehicle log shall be maintained by a facility to record all vehicles that enter and exit the secure perimeter.
(6) A vehicle entering the secure perimeter will be assigned a functional unit employee to provide continual surveillance for the vehicle until exit of the perimeter has been accomplished.
(7) A vehicle will remain inside the secure perimeter only as long as required to accomplish the intended purpose.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0100
Tool and Equipment Access
(1) All tools and equipment that enter or exit the facility's secure perimeter require approval of the security manager or designee.
(2) Electronic Devices:
(a) A person will not be allowed to bring in a personal cellular phone, pager, laptop computer, personal digital assistant or other electronic communication device beyond the control point of a correctional facility unless specifically authorized by the security manager or designee. The functional unit manager shall designate the control point of the correctional facility.
(b) Department staff may bring in department-issued electronic two-way communication devices (e.g., pager, cellular phone, personal digital assistant, etc.) beyond the control point of a correctional facility when such devices are necessary for the staff member to perform official duties. Department staff must declare the two-way communication device on the Facility Access Register (CD 52a).
(c) Investigators from the Oregon State Police are permitted to bring state-issued cell phones and pagers beyond the control point of a correctional facility while conducting official business without prior authorization from the security manager or designee.
(d) Any other electronic devices not covered in sections (a) through (c) that enter a correctional facility beyond the control point require approval of the security manager or designee.
(3) All tools and equipment will be searched for contraband prior to entry and exit of the secure perimeter.
(4) All tools and equipment that enter the secure perimeter on a temporary basis will be inventoried prior to entry and reinventoried before exit from the facility. Any discrepancies with the reinventory will be immediately reported to the security manager or designee.
(5) All tools and equipment that enter the secure perimeter on a temporary basis will be under continual surveillance by a functional unit employee while inside the facility or locked in a secure area.
(6) Tools and equipment that enter or exit a facility with no secure perimeter will be granted access as authorized by the security manager or designee.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93; DOC 10-2006, f. & cert. ef. 10-9-06
291-016-0110
Supply Access
(1) All supplies that enter a facility's secure perimeter will require approval of the security manager or designee.
(2) Supplies will be searched for contraband (except sealed containers) prior to entry or exit of the secure perimeter. Sealed containers may be opened for inspection. Any item large enough to conceal a person will be searched before leaving the secure perimeter.
(3) Supplies that enter or exit a facility with no secure perimeter will be granted access as authorized by the security manager or designee.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

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

Hist.: CD 26-1992, f. 12-11-92, cert. ef. 1-2-93
291-016-0120
Possession and Storage of Personal
Handguns at Facilities Owned or Occupied by the Department of Corrections
(1) In accordance with 2015 Or Laws,
Ch 246, authorized staff of the Department of Corrections, Oregon Board of Parole
and Post-Prison Supervision, and Oregon Corrections Enterprises may possess and
store a personal handgun and ammunition in their personal vehicle when the vehicle
is parked in a department parking lot at a Department of Corrections facility only
if the authorized staff:
(a) Has a valid concealed
handgun license issued pursuant to ORS 166.291 and 166.292; and
(b) Has secured the handgun
and ammunition in a closed and locked container designed for the storage of a firearm
inside a vehicle.
(2) Use of Department Storage
Facilities Required Where Provided: If the department has provided a secure and
locked location for authorized staff to store their personal handgun and ammunition
at a Department of Corrections facility, the authorized staff must promptly store
the personal handgun and ammunition in the storage location designated by the department,
and not in their personal vehicle.
(3) Ammunition: Authorized
staff who bring personal handguns to a Department of Corrections facility in accordance
with these rules may possess and store with their personal handgun only that amount
of ammunition that the personal handgun is designed to hold plus two additional
magazines or speed loaders.
(4) Under no circumstance
may an authorized staff member carry a personal handgun within the secure perimeter
of the correctional facility, unless authorized by the correctional facility’s
confidential procedure in order to securely store the staff member’s personal
handgun.
(5) Personal handguns shall
not be carried or used during the performance of official duties.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 14-2014(Temp),
f. 6-5-14, cert. ef. 6-6-14 thru 12-3-14; DOC 17-2014(Temp), f. & cert. ef.
7-2-14 thru 12-3-14; DOC 23-2014, f. & cert. ef. 12-3-14; DOC 7-2015(Temp),
f. & cert. ef. 7-1-15 thru 12-27-15; DOC 15-2015, f. & cert. ef. 10-20-15

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