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DEPARTMENT OF CORRECTIONS
DIVISION 31
COMMUNITY CORRECTIONS PROGRAMS
291-031-0005
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, 423.075, 423.478, 423.483, 423.525, and 423.530.
(2) Purpose: The purpose of this rule is to:
(a) Support county community corrections programs that provide appropriate sentencing alternatives and improve local services for persons charged with criminal offenses with the goal of reducing the occurrences of repeat criminal offenses through state/local government cooperative and collaborative efforts;
(b) Provide appropriate sentencing alternatives;
(c) Promote local management of community corrections; and
(d) Promote the use of the most effective criminal sanction necessary to administer punishment to the offender, rehabilitate the offender, and protect public safety.
(3) Policy: In accordance with Section 6 of the Community Corrections Act (ORS 423.525), it is the policy of the Department of Corrections to support county corrections programs. The Act establishes a legal frame of reference for state/local government cooperative and collaborative efforts in the areas including, but not limited to providing supervision, intermediate sanctioning programs and treatment and habilitation programs for supervised offenders. The Department of Corrections is directed to make grants to county to support local corrections programs authorized under this Act. The county is required to develop a local comprehensive community corrections plan revealing which corrections services are planned to address supervision, sanction and service needs in the community.
(4) This rule is a public document and will be available to all parties interested in the implementation of the Community Corrections Act.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 432.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0650; CD 1-1980(Temp), f. & ef. 2-1-80; CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01; DOC 1-2002, f. & cert. ef. 1-10-02
291-031-0009
Definitions
(1) Caseload: Each county's caseload consists of the offenders under the supervision of the county field office who are:
(a) Felony probationers;
(b) Parolees and offenders under post-prison supervision;
(c) Conditional releasees, including those sentenced under the provisions of "second look" (ORS 420A.206), conditional discharges under 475.245, and other forms of felony diversion;
(d) Sentenced to 12 months or less incarceration; and
(e) Sanctioned to 12 months or less incarceration for a violation of condition of supervision.
(f) Abscond cases shall not be included for allocation purposes.
(2) County Population: Those persons projected or counted by the census who permanently reside in a county.
(3) Local Community Corrections Program: Any locally-based public or private organization which provides correctional services and is funded either in whole or in part by grants from the Department of Corrections, excluding programs directly under the administration of the Department of Corrections Community Corrections.
(4) Workload: The number of offenders sentenced to probation or to post-prison supervision/parole in a county, including estimated change in that population for the biennium.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Hist.: CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 36-1987, f. & ef. 9-24-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01; DOC 17-2001(Temp) f. & cert. ef. 8-7-01 thru 2-3-02; DOC 1-2002, f. & cert. ef. 1-10-02
Procedures
291-031-0010
Notice
(1) Every county governing body will be given notice when this rule is formally adopted. The notice will include a copy of this rule.
(2) Plans must be submitted between October 1 of each even-numbered year and May 15 of the following year.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, & 423.525
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, & 423.530
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0655; CD 1-1980(Temp), f. & ef. 2-1-80; CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 36-1987, f. & ef. 9-24-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 1-2002, f. & cert. ef. 1-10-02
291-031-0015
Plan Development
(1) Each county governing body must appoint a local public safety coordinating council in accordance with ORS 423.560. This council will be responsible to develop and recommend to the county board of commissioners a plan for use of state resources to service the local offender population.
(2) The Director of the Department of Corrections will provide, within available resources, consultation and technical assistance to aid counties in the development and implementation of a community corrections plan.
(3) An extension of time may be granted by the Director when necessary to allow completion of local agency negotiation, or to allow additional time to collect data or information necessary to complete the community corrections plan. Requests for this extension shall be submitted to the Director or designee in writing.
(4) Standards for Plan Submission and Evaluation: Community corrections plans shall be submitted to the Director or designee. Each community corrections plan shall be submitted in a format and order as established by the Department of Corrections.
(a) An intergovernmental agreement between the county(s) and the department must be signed by the Department Director or designee prior to any state community corrections funds being expended.
(b) Administrative:
(A) Plans must specify the membership and chair of the local public safety coordinating council. Plans must specify how the membership meets the statutory requirements for committee membership.
(B) Plans must identify a community corrections manager who is responsible for the administration of the community corrections program.
(C) Plans must contain an organizational chart illustrating areas of authority, responsibility, and accountability. The organizational charts will indicate the staffing level and structure in each program.
(c) Offender Programs/Services: Plans must provide descriptions of all offender programs including:
(A) Offender population to be served;
(B) Goals/outcome/purpose of program;
(C) Program slots or beds; and
(D) Community Corrections Act funds that will be used to operate the program.
(d) Fiscal: Plans shall display separate line item accounts for expenditures and revenue for each program/service area.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 423.525
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.525
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0660; CD 1-1980(Temp), f. & ef. 2-1-80; CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 36-1987, f. & ef. 9-24-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-25-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01
291-031-0020
Plan Submission Process
(1) The community corrections plan shall be submitted to the Director of the Department of Corrections.
(2) The Director or designee will review the proposed plan within 30 days.
(3) The community corrections plan will become a part of the intergovernmental agreement between the state and the county.
(4) No modifications to an approved plan shall be placed into effect without prior written notification of the Director or designee.
(5) Any county that receives financial aid under this program may terminate its participation if the total state community corrections appropriation is less than the baseline calculated under in ORS 423.483(2) by written notification to the director 180 days prior to implementation of the change. If a county discontinues participation, the responsibility for correctional services transferred to the county, and the portion of funding made available to the county under 423.530 reverts to the Department of Corrections.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0665; CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01; DOC 1-2002, f. & cert. ef. 1-10-02
291-031-0025
Supervision Fees and Financial Records
(1) Supervision fees collected
pursuant to ORS 423.570 must be used for community corrections purposes as outlined
in the approved local community corrections plan.
(2) Department of Corrections
Funds:
(a) The department shall prepare
and distribute to the counties written instructions regarding budget, allotment,
and fiscal reporting requirements. Each county shall adhere to the department’s
budget, allocation, and fiscal reporting requirements.
(b) Reallocation of funds in
a county approved plan and budget, within or between budget categories, requires
a budget update and the prior notification of the Director or designee.
(c) Proposed fund transfers
shall be submitted and processed on forms required by the Department of Corrections.
(d) Each county shall make available
to the Department of Corrections the county’s annual financial statement
and that portion of the county’s annual audit that addresses the community
corrections program.
(e) Within 120 days following
the end of the state’s biennial budget period, each county shall submit a
closing financial report for the biennium. Any state general funds not expended
within the biennial period will be identified. A budget update will be submitted
to the Department of Corrections showing how those funds will be expended for community
corrections purposed in the next biennium.
(f) If a county ceases to participate,
the department may recover title to any transferred property that remains in use
at such time. The department shall assume title to any equipment, furnishings, vehicles
or property purchased with state funds for the purpose of providing parole and probation
services in the county.
Stat. Auth.: ORS 179.040, 423.020,
423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040,
423.020, 423.030, 423.075, 423.478, 423.483, 423.500 - 423.560
Hist.: CD 48(Temp), f. 12-28-77,
ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0670,
CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982,
f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86,
ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 12-1990, f. & cert. ef. 6-28-90;
CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95;
DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01;
DOC 1-2002, f. & cert. ef. 1-10-02; DOC 2-2012, f. & cert. ef. 1-27-12
291-031-0026
Grant-in-Aid
(1) Community Corrections funds will be allocated based on a formula that considers workload, county population, and the cost per day of managing offenders on probation or parole/post-prison supervision. The formula will be weighted 100% workload and 0% county population.
(2) The Director of the Department of Corrections, after considering recommendations of those listed in ORS 423.530(2), shall determine the method and formula by which funds are allocated to counties.
(3) Prior to July of each odd-numbered year, the Department of Corrections shall determine each county's proposed share of workload and will compute each county's percentage share of the coming biennial grant-in-aid appropriation. When the total actual appropriation is known, the Department of Corrections will compute the actual amounts indicated.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0670; CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01; DOC 17-2001(Temp), f. & cert. ef. 8-7-01 thru 2-3-02; DOC 1-2002, f. & cert. ef. 1-10-02
291-031-0051
Funding for Sexually Violent Dangerous Offenders
(1) The department may allocate moneys appropriated under Chapter 924 of Oregon Laws 1999 to local supervisory authorities for the intensive supervision of sexually violent dangerous offenders.
(2) The allocation to a county shall be determined by calculating the incremental cost to move from the high-risk supervision rate to an intensive supervision rate. Payments will be made to a county on a quarterly basis, upon invoicing by the county
(3) Payments to counties for the purpose of intensive supervision of sexually violent dangerous offenders shall not exceed the legislatively approved appropriation for the supervision of sexually violent dangerous offenders.
(4) Once each biennium, the Department of Corrections, the State Board of Parole and Post-Prison Supervision, and local supervisory authorities shall determine the number of offenders expected to be classified as sexually violent dangerous offenders during the following biennium. The department shall use the number in calculating the budget for the community corrections division of the department for the following biennium.
Stat. Auth.: ORS 179.404, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Hist.: DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01; DOC 1-2002, f. & cert. ef. 1-10-02
291-031-0061
Construction Funds
(1) Funds received for the acquisition, construction, or renovation of local correctional facilities shall be expended only for those acquisitions, construction, and renovation projects approved by the Director as part of the approved application for local corrections construction projects.
(2) Facilities constructed or acquired by counties where the agreement with the state terminates before 20 years participation shall revert to the state.
(3) At the option of the department, the county may retain ownership in such terminations when the county agrees to continue using the facilities for the corrections purposes originally approved in the local community corrections plan, provided the county agrees to house state inmates/offenders subject to county review and approval of each person so housed.
(4) Budget and Fiscal Reporting:
(a) The department or its designee shall prepare and distribute to the counties written instructions regarding budget, allocation and fiscal reporting requirements. Each county shall adhere to the department's budget, allotment and fiscal reporting requirements.
(b) Each county shall forward to the Department of Corrections a copy of the county's annual financial statement and that portion of the county's annual audit that addresses the community corrections program.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075 & 423.525
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.525
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0670; CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01, Renumbered from 291-031-0028
291-031-0070
Evaluation
(1) The Department of Corrections shall establish and operate a statewide information system. In order to ensure uniform information, the Department of Corrections shall establish minimum data entry standards for the state information system. Counties are required to provide information to the statewide system as required by the Department of Corrections.
(2) In accordance with ORS 423.565, the department will review each county annually. This review will be a combination of a self review and a review by the department. There may be a compliance plan required if the county is not in compliance with the intergovernmental agreement.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Hist.: CD 48(Temp), f. 12-28-77, ef. 12-29-77; CD 7-1978, f. 2-24-78, ef. 2-27-78; Renumbered from 291-010-0675; CD 1-1980(Temp), f. & ef. 2-1-80, CD 27-1980, f. & ef. 7-28-80; CD 4-1982(Temp), f. & ef. 1-29-82; CD 23-1982, f. & ef. 7-28-82; CD 42-1985, f. & ef. 8-16-85; CD 46-1986(Temp), f. 10-21-86, ef. 11-30-86; CD 3-1987, f. & ef. 1-5-87; CD 17-1992, f. 8-12-92, cert. ef. 8-20-92; CD 7-1995, f. 4-24-95, cert. ef. 5-1-95; DOC 5-1998, f. 3-26-98, cert. ef. 4-1-98; DOC 7-2001, f. 2-28-01, cert. ef. 3-1-01, Renumbered from 291-031-0030; DOC 1-2002, f. & cert. ef. 1-10-02
291-031-0085
County Option to Cease Participation in the Community Corrections Act
(1) The Community Corrections Act gives each county the option to transfer responsibility for community corrections to the Department of Corrections if the Legislature fails to fund community corrections at the baseline established in ORS 423.483(1) and (3).
(2) If the total state community corrections allocation is less than the baseline, the county may discontinue participation in the Act by providing written notification to the Director of the Department of Corrections 180 days prior to implementation of the change.
(3) The department can elect to assume responsibility for community corrections sooner than 180 days with concurrence from the county.
(4) A county may transfer responsibility for community corrections to the state no more than one time in a biennium.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0095
Responsibility for Community Corrections
(1) The Department of Corrections will assume responsibility for community-based supervision, sanctions and services for offenders convicted of felonies who are on parole or post-prison supervision, probation, sentenced or sanctioned to a prison term of 12 months or less, or on conditional release under ORS 420.206.
(2) According to sentencing guidelines, terms of incarceration of 12 months or less are served at the direction of the local supervisory authority rather than in the legal and physical custody of the Department of Corrections (OAR 213-005-0001(2)). The Department of Corrections will perform the duties of the local supervisory authority for terms of incarceration of 12 months or less (local control offenders).
(3) The Department of Corrections will not assume responsibility for the supervision of offenders convicted of misdemeanors.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0100
Funding
(1) Department of Corrections funds allocated to provide correctional services by the county will be retained by the state.
(2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period of less than 24 months, the funds retained by the state for community corrections activities will be prorated to the day of the transfer.
(3) A financial closing statement will be provided to the state within 60 days of the transfer of responsibility. Any state funds distributed but not spent will be returned to the state.
(4) The department, at its option, may choose to operate community corrections in regions consisting of several counties, and to combine funds and staff to operate the region most efficiently.
(5) The department shall retain all supervision fees collected from offenders supervised by state-operated community corrections offices and received subsequent to the state assuming responsibility for operations.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0110
Biennial Community Corrections Plan
(1) The Department of Corrections shall develop a community corrections plan for each county with a state-operated community corrections office.
(2) The department will meet with the local public safety coordinating council to review the county's recommendations as to how state resources will be invested to serve the local offender population. Those recommendations will be included in the plan and/or the department will provide a response to each recommendation.
(3) The department will submit the plan to the county commissioners for information and comments. The commissioners may choose to comment or may simply acknowledge the plan was received.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525, & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0120
Transfer of Property
(1) When a county ceases participation in the Community Corrections Act, the state shall assume title to any equipment, furnishings, vehicles or property purchased with community corrections grant funds and used by existing county staff to provide parole and probation services to the county. The county shall provide the Department of Corrections with a list of all such equipment, furnishings, vehicles or property with a value of over $250 within 30 days of the county's notification to the Director of the Department of Corrections that it will discontinue participation in the Community Corrections Act.
(2) An agreement transferring title of equipment or property to the Department of Corrections shall be written, accompanied by an inventory list signed by the designated representatives of both the county and the department. The agreement shall be subject to all state regulations governing such transfer of title.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0130
Correctional Facilities
When a county ceases participation in the Community Corrections Act, the state and county shall follow the terms of any applicable lease-sublease agreements regarding any correctional facilities acquired, constructed, or renovated under ORS 423.525(2).
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0140
Employees
(1) County employees in the county community corrections agency and funded through the community corrections grant to that county will be transferred to state employment, to the extent there are funds available. If the county has experienced a reduction in funding, there will be a commensurate reduction in staff positions available for transfer.
(2) County employees transferred to state employment will not suffer any reduction in salary or loss of employee benefits for 12 months because of the transfer. Salary will not be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be transferred, a waiver of waiting period for preexisting conditions will be arranged. The employee may remain with his or her present retirement system for 12 months or may participate in the state retirement system. Following this period, salary, benefits and retirement plan will be based on established state wages and benefits.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 5-2003(Temp), f. & cert. ef. 2-21-03 thru 8-20-03; DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0150
County Option to Participate in the Community Corrections Act
(1) The Community Corrections Act gives each county the option to directly operate community corrections rather than to have the Department of Corrections operate community corrections.
(2) A county that has exercised the option to "opt out" of participation may again participate in the Community Corrections Act by providing written notification to the Director of the Department of Corrections 180 days prior to implementation of the change. A county may make this change no more than one time in a biennium.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0160
Responsibility for Community Corrections
The county will assume responsibility from the Department of Corrections for community-based supervision, sanctions and services for offenders convicted of felonies who are on parole or post-prison supervision, probation, sentenced or sanctioned to a prison term of 12 months or less, or on conditional release under ORS 420A.206.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 &423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0170
Funding
(1) Department of Corrections funds formerly used to provide correctional services by the state will be granted to the county under an intergovernmental agreement.
(2) County allocations are computed for a 24-month period. If the transfer of responsibility is for a period less than 24 months, the funds allocated to the county will be prorated to the day of the transfer.
(3) A financial closing statement will be provided to the county by the Department of Corrections within 60 days of the transfer of responsibility. Any state funds allocated to the county but not spent by the state will be appropriated to the county.
(4) The county shall retain all supervision fees collected from offenders supervised by county-operated community corrections offices after the date of transfer.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0180
Biennial Community Corrections Plan
The county will develop a community corrections plan (OAR 291-031-0015) prior to the transfer of responsibility.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0190
Transfer of Property
(1) When a county begins participation in the Community Corrections Act, the county shall assume title to any equipment, furnishings, or property used by existing DOC staff to provide parole and probation services in the county. The Department of Corrections shall provide the county with a list of all such equipment, furnishings, or property with a value of over $250 within 30 days of the county's notification to the Director of the Department of Corrections that it will participate in the Community Corrections Act.
(2) An agreement transferring title of equipment or property to the county shall be written, accompanied by an inventory list signed by designated representatives of both the county and the department and shall be subject to all state regulations governing such transfer of title.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0200
Correctional Facilities
Correctional facilities acquired, constructed, or renovated under ORS 423.515(2) shall be sub-leased to the county if the county assumes responsibility for probation and parole/post-prison supervision before the lease agreement terminates.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0210
Employees
(1) State employees employed in the county community corrections agency and funded through the community corrections grant to that county will be transferred to county employment, to the extent there are funds available. If the county has experienced a reduction in funding, there will be a commensurate reduction in staff positions available for transfer.
(2) State employees transferred to county employment will not suffer any reduction in salary or loss of employee benefits for 12 months because of the transfer. Salary will not be reduced, accrued sick leave will be retained, up to 80 hours of vacation may be transferred, a waiver of waiting period for preexisting conditions will be arranged. The employee may remain with his or her present retirement system for 12 months. Following this period, salary, benefits and retirement plan will be based on established county wages and benefits.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483, 423.525 & 423.530
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, 423.478, 423.483 & 423.500 - 423.560
Hist.: DOC 12-2003, f. & cert. ef. 8-20-03
291-031-0220
Supplemental Funds for Drug-Addicted Persons
(1) Supplemental funds made available by the legislature for drug-addicted persons shall be distributed by the Department of Corrections to counties. A statewide approach to intervention will be defined, guided by evidence-based practices which are best designed to reduce crime and drug addiction. The approach will include a balance of treatment, supervision, and immediate sanctions.
(2) The Department of Corrections shall make grants to counties to provide supplemental funding for:
(a) The operation of jails;
(b) Treatment services for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in 137.717, or for those who have been convicted of predicate crimes related to 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Oregon Case Management System risk tool, or other validated risk tool approved by the Department; and
(c) Intensive supervision including incarceration for violating the conditions of that supervision for drug-addicted persons charged with a crime listed in ORS 137.717, convicted of a crime listed in 137.717, or for those who have been convicted of predicate crimes related to 137.717 and who have been placed on community supervision, and scoring as high or medium risk to re-offend on the Oregon Case Management System risk tool, or other validated risk tool approved by the Department.
(3) A drug-addicted person means a person who has lost the ability to control the use of drugs or alcohol, or who uses drugs or alcohol in a way that impairs the health or safety of the person or the community, or the where the social or economic function of the person is substantially disrupted.
(4) The Department shall define the standards for performance of programs which shall be included in an intergovernmental agreement.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Hist.: DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0230
Distribution of Supplemental Funds
(1) Supplemental funds will be made available to counties based on a formula that matches the county’s percentage share of community corrections grant-in-aid funds. Every county will be eligible for a minimum grant of $50,000. Counties must submit an application for these funds, as described in OAR 291-031-0240.
(2) The Director, after consulting with the Community Corrections Commission (Commission), shall review the applications and determine the funds to be allocated to each county.
(3) Unallocated funds will be made available as enhancement funding through a competitive process based on scored program proposals.
(4) Prior to July of each odd-numbered year, the Department of Corrections shall compute each county's percentage share of the coming biennial supplemental funds.
(5) An intergovernmental agreement between the county(s) and the Department must be signed by the Director or designee prior to any state supplemental funds being expended.
(6) No modifications to an approved plan shall be placed into effect without prior written notification of the Director or designee.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Hist.: DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0240
Application Process
(1) Applications for supplemental funding shall be submitted to the Director or designee. Each application shall be submitted in a format and order as established by the Department of Corrections.
(2) Applications may be submitted by a county or a group of counties.
(3) The plan shall be reviewed and approved by the local public safety coordinating council or councils prior to being submitted to the Department of Corrections.
(4) The application will include a plan for the use of the supplemental funding, including:
(a) Offender population to be served;
(b) Capacity of the program;
(c) A description of the program;
(d) Goals/outcomes/purposes of the program or approach;
(e) How risk assessment will be used, including the risk assessment tool;
(f) Research supporting the approach, if any;
(g) If the approach has been in operation for at least a year, the outcomes of the approach and any program evaluation data;
(h) If the approach has been in operation for at least a year, how participants rate on the community corrections performance measures (recidivism, successful completion of supervision, employment, benefit from treatment, payment of restitution or community service work); and
(i) A budget showing how state funds and any other funds will be used to operate the program. A county may apply for up to 100% of the funds identified in Subsection (1) of this rule.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Hist.: DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0250
Application Approval Process
(1) The Community Corrections Commission shall review the applications and make recommendations to the Director or designee.
(2) The criteria upon which the advisory board shall base their review will include:
(a) Ability of the proposed approach to reduce crime and drug addiction;
(b) Extent to which the approach is guided by evidence-based practice or research;
(c) Whether the approach is comprehensive, involving a mix of supervision, services, and sanctions; and
(d) Whether the approach is collaborative, engaging local criminal justice system agencies and local service providers working together.
(3) The Commission shall not recommend approval of a plan that does not address the intended populations, has a low probability of being effective in reducing crime and drug addiction, or is not guided by evidence-based practice. If the plan is not recommended for approval, the Commission will provide recommendations to the jurisdiction submitting the application as to how to improve the plan.
(4) A county may submit a modified plan if the original application is not recommended by the Commission or approved by the Director.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Hist.: DOC 18-2009, f. & cert. ef. 10-23-09
291-031-0260
Financial Records
(1) The Department shall prepare and distribute to the counties written instructions regarding fiscal reporting requirements. Each county shall adhere to the department's budget, allocation, and fiscal reporting requirements.
(2) Within 120 days following the end of the state's biennial budget period, each county shall submit a closing financial report for the biennium. Any state general funds not expended within the biennial period will be identified. A budget update will be submitted to the Department of Corrections showing how those funds will be expended for community corrections purposes in the next biennium.
Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075, OL 2008 Ch 14, OL 2008 Ch 35
Hist.: DOC 18-2009, f. & cert. ef. 10-23-09
Evidence-Based Programs in
Community Corrections
291-031-0300
Purpose, Policy, and
Applicability
(1) Purpose: These rules establish
a process by which the Department of Corrections determines if community-based programs,
on which the agency expends state funds, meet the principles of evidence-based practices.
(2) Policy: It is the policy
of the Department of Corrections that state funds received for community-based programs
are expended on programs that incorporate significant and relevant practices based
on scientifically based research and are cost effective.
(3) Applicability: These rules
apply to community based treatment or intervention programs or services that receive
state funds and are intended to reduce the likelihood that an individual will commit
a crime.
Stat. Auth.: ORS 179.040, 182.515,
182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
291-031-0310
Definitions for OAR 291-031-0300
through 291-031-0360
(1) Cost Effective: Cost savings
realized over a reasonable period of time are greater than costs.
(2) Evidence-Based Program:
A program that incorporates significant and relevant practices based on scientifically
based research and is cost effective.
(3) Program: A community-based
treatment or intervention program or service that is intended to reduce the likelihood
that an individual will commit a crime.
Stat. Auth.: ORS 179.040, 182.515,
182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
291-031-0320
Program Evaluation
(1) The Department of Corrections
shall identify and implement the use of a recognized and validated tool to evaluate
programs to measure their fidelity to the principles of evidence-based practices.
(2) Programs that receive less
than $5,000 in state funds in a biennium, pursuant to the Community Corrections
Act (ORS 423.020), shall not be subject to program evaluation as described in this
rule.
(3) After a program has been
evaluated using the tool described in subsection (1) of this rule, and it has been
determined that the program incorporates significant and relevant practices based
on scientifically based research and is cost effective, the program shall be re-evaluated
at a minimum of every five years or as circumstances dictate.
(4) After a program has been
evaluated using the tool described in subsection (1) of this rule, and it has been
determined that the program does not incorporate significant and relevant practices
based on scientifically based research and is not cost effective, the program shall
be re-evaluated at a minimum of every 18-months until such time the program meets
these criteria or state funds are no longer received by the program.
Stat. Auth.: ORS 179.040, 182.515,
182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
291-031-0330
Program Non-Compliance
(1) Following an initial evaluation
of a program as described in OAR 291-031-0320(4), the Department of Corrections
shall provide a detailed report of their findings to the local community corrections
director and to the program’s executive director.
(2) The report shall include
a set of recommendations to assist the program in the process of successfully incorporating
the principles of evidence-based practices into their service delivery.
(3) The Department of Corrections
shall meet with the local community corrections director or designee and the program
executive director or designee to review the recommendations and offer technical
assistance in implementation of the recommendations.
(4) The Department of Corrections
shall conduct a subsequent program evaluation within the next 18 months.
Stat. Auth.: ORS 179.040, 182.515,
182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
291-031-0340
Continued Program Non-Compliance
(1) Following a second evaluation
of a program in which the program was evaluated with results as described in OAR
291-031-0320(4), the Department of Corrections shall provide a detailed report of
their findings to the local community corrections director and to the program’s
executive director.
(2) The report shall include
an assessment of progress or lack of progress in incorporating the principles of
evidence-based practices as recommended in the initial evaluation report.
(3) The report shall also include
a set of recommendations to assist the program in the process of successfully incorporating
the principles of evidence-based practices into their service delivery.
(4) The Department of Corrections
shall meet with the local community corrections director or designee and the program
executive director or designee to discuss the level of progress or lack of progress
in incorporating the principles of evidence-based practices as recommended in the
initial evaluation report and indentify any barriers that may exist.
(5) A formal written action
plan shall be prepared by the local community corrections director or designee within
90 days of the receipt of the final report as described in subsection (1) of this
rule, which incorporates the report’s recommendations; specific steps to incorporate
the recommendations; and specific timeframes for implementation.
(6) The Department of Corrections
shall conduct a subsequent program evaluation within the next 18 months.
Stat. Auth.: ORS 179.040, 182.515,
182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
291-031-0350
Termination of Funding
(1) Following a third evaluation
of a program in which the program was evaluated with results as described in OAR
291-031-0320(4), the Department of Corrections shall provide a detailed report of
their findings to the local community corrections director and to the program’s
executive director.
(2) State funds shall not be
allocated to a program that has been evaluated as unsatisfactory as described in
OAR 291-031-0320(4) in three consecutive evaluations.
(3) Upon receipt of the final
report, the local community corrections director shall advise the program’s
executive director that state funds will no longer be allocated
to the program to provide services. The local community corrections director shall
take the necessary steps to terminate the service contract, if any, with the program;
or alternately, the local community corrections director may choose to fund the
program with local resources.
Stat. Auth.: ORS 179.040, 182.515, 182.525,
423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
291-031-0360
Appeal Process
(1) A county may appeal the
termination of funding as described in OAR 291-031-0350 by submitting reasons for
which they believe the termination of funding is not warranted, based upon one or
more of the criteria listed in subsection (3) of this rule. The appeal must be submitted
in writing to the Department of Corrections.
(2) After state funds have been
withdrawn from a program, the program may be reconsidered for state funding upon
a finding that they have incorporated significant and relevant practices based on
scientifically based research and is cost effective.
(a) In order to be reconsidered,
the program shall submit in writing to the Department of Corrections the steps they
have taken to incorporate the principles of evidence based practices.
(b) The Department of Correction
shall determine whether significant changes have been made to merit a program evaluation
as described in OAR 291-031-0320.
(3) Criteria which may be considered
in the appeal process:
(a) Scientific basis for the
program design and evidence that the program is delivered consistent with research;
or,
(b) Outcome study; or,
(c) Demonstrated cost-effectiveness;
or,
(d) The program is a single
source provider and there are no reasonable alternatives available to provide that
service within the county.
(4) Any decision of the Department
of Corrections shall be final.
Stat. Aut.h: ORS 179.040, 182.515,
182.525, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
182.515, 182.525, 423.020, 423.030 & 423.075
Hist.: DOC 7-2012, f. &
cert. ef. 6-19-12
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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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