Stat. Auth.:ORS420A.025, 420A.010, 420.240 Stats. Implemented:ORS420A.010, 420.070, 420.240, 420.245, 420.250, 420.255, 420.270 Hist.: Oya 3-2014, F. & Cert. Ef. 11-4-14

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_416/416_415.html
Published: 2015

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

 

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OREGON YOUTH AUTHORITY







 

DIVISION 415
OFFENDER WORK PROGRAMS
416-415-0010
Purpose
These rules institute guidelines for
establishing, operating, and administering Work Programs for Offenders residing
in OYA close-custody facilities. OYA Work Programs emphasize each participant's
potential to lead a positive, productive life. The goal of OYA Work Programs is
for Offender participants to gain the knowledge, skills, and proficiencies for employment
or further education upon release from incarceration into the community, consistent
with the Offender’s treatment needs, the safety and security needs of the
facility, and the safety and security needs of the Work Program and any Program
Staff or Offender participants.
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.060, 420.240, 420.245
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0020
Definitions
(1) DOC Offender: A person in the legal
custody of the Department of Corrections (DOC) and the physical custody of OYA.
(2) Facility Work Program:
A type of Work Program in which Offenders are supervised while performing a job
or a service administered within an OYA facility’s secure perimeter.
(3) Major Behavior Violation:
Behavior that is prohibited and unacceptable within an OYA facility or program and
is immediately threatening to life, health, or facility safety, security or good
order. Specific behaviors are listed as Levels Zero, One, and Two prohibited behaviors
on the Offender Behavior Refocus Option Matrix, Exhibit 1 to OAR 416-470-0020.
(4) Multidisciplinary Team
(MDT): A group of persons including, but not limited to, OYA employees, the Offender’s
family, and service providers responsible for developing, reviewing and revising
the Offender's comprehensive case plan.
(5) Offender: Includes both
DOC Offenders and Youth Offenders.
(6) Offsite Work Program:
A type of Work Program in which Offenders are supervised while performing a job
or service beyond an OYA close-custody facility's property.
(7) Onsite Work Program:
A type of Work Program in which Offenders are supervised while performing a job
or service on an OYA close-custody facility's property but beyond the facility's
secure perimeter.
(8) OYA: Oregon Youth Authority
(9) Program Staff: Any OYA
employee, contractor (and contractor's employees/staff), or volunteer, who works
with Offenders in a Work Program.
(10) Stipend: Monetary incentive
for participation in a Work Program to promote positive Offender development, reformation,
and rehabilitation.
(11) Vocational Program:
A program or sequence of courses or instructional units that provides an Offender
with academic and technical knowledge, skills, and proficiencies to prepare the
Offender for employment or further or advanced education.
(12) Work Program: An OYA-approved
program in which Offenders perform a job or service as part of their treatment,
education, or vocational training curriculum.
(13) Work Program Manager:
A designated OYA management staff member who oversees a specific Work Program and
the program's policy compliance.
(14) Work Release: A type
of Work Program in which Offenders are temporarily released from an OYA close-custody
facility or are authorized to leave the facility grounds to perform a job or service
in a community setting without supervision.
(15) Youth Offender: A person
who has been found to be within the jurisdiction of the juvenile court under ORS
419C.005 for an act committed when the person was under 18 years of age, and who
has been placed in the legal and physical custody of OYA.
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.240, 420.245
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0030
Work Program Approval
(1) The facility's superintendent or
camp director is the Work Program approval authority for Facility Work Programs
under the superintendent's or camp director's purview. Facility Work Programs must
be approved by the facility's superintendent or camp director prior to the Work
Program's implementation.
(2) The Assistant Director
Facility Services, or the Assistant Director Facility Services' designee, is the
Work Program approval authority for Work Programs administered beyond an OYA facility's
secure perimeter. Work Programs administered beyond an OYA facility's secure perimeter
must be approved by the Assistant Director Facility Services, or designee, prior
to the Work Program's implementation.
(3) Prior to approving a
Work Program, the Work Program approval authority must ensure the Work Program's
purpose is clearly correlated to Offender participation in at least one of the following:
(a) Private, gainful employment;
(b) An educational or Vocational
Program, including but not limited to technical and general education, provided
by OYA staff, or public or private agencies or persons; or
(c) A specific program to
develop work skills.
(4) The sale of any services
or products generated from a Work Program must comply with the Ashurst-Sumners Act,
18 USC 1761-1762 (effective July 1, 2014).
(5) All Work Programs must
be carried out in Oregon. No Offender may travel outside of Oregon as part of a
Work Program experience.
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.240, 420.245
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0040
Offender Eligibility for Participation
in a Work Program
(1) The facility superintendent, camp
director, Program Staff, or Facility Services Assistant Director may consider any
eligible Offender for assignment to a Work Program.
(2) The facility superintendent,
camp director, Program Staff, or Offender's Multidisciplinary Team may initiate
an Offender's eligibility review for assignment to a Work Program.
(3) The Work Program approval
authority, in the Work Program approval authority's sole discretion, may assign
an Offender to a Work Program. The Work Program approval authority may specify conditions
for the Offender's assignment to and participation in the Work Program.
(4) Eligibility Criteria.
(a) To be considered for
assignment and participation in any Work Program, an Offender must:
(A) Complete initial medical
and mental health assessments according to OYA policy;
(B) Complete required safety
and health training according to OYA policy; and
(C) Be age appropriate for
the Work Program as determined by the Work Program approval authority. Offenders
under 18 years of age must not perform any work prohibited by state or federal regulations
pertaining to child labor.
(b) Onsite Work Program.
To be considered for assignment to and participation in an Onsite Work Program,
an Offender must:
(A) Meet the criteria listed
in section (4)(a) of this rule;
(B) Be at least 16 years
of age;
(C) Have no history of escape
from a close-custody or secure facility;
(D) Have exhibited consistent
high-level positive programming and progress toward reentry into the community as
determined by the Work Program approval authority;
(E) Have no Major Behavior
Violations within the last three months; and
(F) For DOC offenders, have
36 months or less remaining until community placement.
(c) Offsite Work Program.
To be considered for assignment and participation in an Offsite Work Program, an
Offender must:
(A) Meet the criteria listed
is sections (4)(a) and (4)(b) of this rule; and
(B) For DOC offenders, have
24 months or less remaining until community placement.
(d) Work Release. To be considered
for assignment and participation in a Work Release program, an Offender must:
(A) Meet the criteria listed
is sections (4)(a) and (4)(b) of this rule;
(B) Have successfully participated
in an Offsite Work Program for at least 60 days;
(C) Have no conviction or
adjudication for a sex crime as listed in ORS 181.805(5);
(D) Have no conviction or
adjudication for a stalking crime as listed in ORS 163.732;
(E) Have no active court
restraining or stalking protective order;
(F) Have no Major Behavior
Violations within the last six months;
(G) Have no detainer(s);
and
(H) For DOC Offenders:
(i) Have six months or less
remaining until community placement;
(ii) Not have been sentenced
under ORS 137.635, 137.700, 137.707, or any other provision of law that prohibits
eligibility for any form of temporary leave or release from custody; and
(iii) Have an order of the
sentencing court appearing in the judgment of conviction and sentence indicating
the DOC Offender’s eligibility for consideration for participation in a work
release program pursuant to ORS 137.750.
(e) In addition to the eligibility
criteria set forth in sections (4)(a), (4)(b), (4)(c), and (4)(d) of this rule,
designated Program Staff and the Work Program approval authority may consider additional
screening criteria in determining whether to recommend or approve an Offender for
assignment to a Work Program, including but not limited to the following:
(A) Whether the Offender's
physical and mental condition is suitable to obtain and maintain work in the facility
or community, participate in education programs, or participate in treatment programs
as authorized by OYA;
(B) The recommendation of
the juvenile or sentencing court, if any;
(C) Whether the Offender's
criminal history includes crimes which may be cause for significant community concern,
the circumstances of which may indicate that the Offender may not be suitable for
assignment to specific Work Program activities; and
(D) Whether the Offender's
behavior violation history includes any patterns of conduct the circumstances of
which may indicate that the Offender may not be suitable for assignment to specific
Work Program activities.
(5) The Work Program approval
authority may waive any eligibility criteria specified in OAR 416-000-0040(4) except
for OAR 416-000-0040(4)(d)(H), unless the Offender is otherwise ineligible to participate
in a Work Program under one or more provisions of law.
(6) DOC Offenders must be
specifically approved by the Department of Corrections (DOC) to participate in Onsite
Work Programs, Offsite Work Programs, or Work Release in order to participate in
such programs.
(7) The Work Program Manager
must notify an Offender approved for assignment and participation in Work Release
in writing of the approval and any conditions of participation specified by the
Work Program approval authority.
(8) An Offender may appeal
the Work Program approval authority's decision regarding the Offender's Work Program
assignment approval or disapproval by filing an Offender grievance according to
OAR chapter 416, division 20 (Offender Grievance Process).
Stat. Auth.: ORS 420A.025, 420A.010,420.240
Stats. Implemented: ORS 420A.010,
420.060, 420.225, 420.230, 420.240, ORS 420.245, 420.250, 420.255, 420.260, 420.270
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0050
Offender Work Program Evaluation, Stipends
and Revenue
(1) OYA must evaluate an Offender's
Work Program performance.
(a) Program Staff will provide
the Offender and the Offender's Multidisciplinary Team with feedback on the Offender's
job or service performance at least monthly.
(b) Work Program performance
feedback will address, at a minimum, the Offender's quality and quantity of work,
initiative, amenability to learn, dependability, response to supervision and instruction,
safety and care of equipment, ability to work with others, and overall job or service
proficiency.
(2) At OYA's discretion,
OYA may award Stipends or other recognition to Offenders who work well or otherwise
successfully participate in Work Programs. Factors considered when deciding whether
to award a Stipend to an Offender participating in a Work Program include the program's
educational and vocational requirements, physical demands, working conditions, the
degree of responsibility held by the Offender participant, the degree of skill and
supervision required for the Offender's participation in the Work Program, and the
Offender’s treatment, reformation and rehabilitation progress.
(3)(a) Work Program Stipends
must be awarded at a rate and manner established by the OYA Assistant Director Facility
Services to ensure consistency throughout all close-custody facilities, using the
methodology below and according to the chart in Appendix A.
(b) Factors considered when
assigning a Stipend rate to a Work Program include the program's educational and
vocational requirements, physical demands, working conditions, the degree of responsibility
held by the Offender participant, and the degree of skill and supervision required
for the Offender's participation in a Work Program.
(4) OYA must deposit any
Stipend awarded to an Offender into the Offender's trust account according to OAR
chapter 416, division 260 (Offender Welfare and Trust Accounts).
(5) OYA must report Stipend
awards according to Internal Revenue Service reporting requirements.
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 420A.025, 420A.010,
420.240, 420.255
Stats. Implemented: ORS 420A.010,
420A.035, 420.065, 420.225, 420.230,
420.240, 420.245, 420.255,
420.260
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0060
Offender Status
(1) Offenders participating in OYA-approved
Work Programs retain their legal status as Youth Offenders or DOC Offenders and
must comply with any conditions of participation or standards of conduct established
by the Work Program approval authority or Program Staff.
(2) Any behavior violation
associated with an Offender's participation in a Work Program must be managed according
to OAR chapter 416, division 470 (Prohibited Offender Behaviors and Processing Behavior
Violations).
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.070, 420.240, 420.245, 420.250, 420.255, 420.270
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0070
Work Program Participation Suspension/Termination
(1) The Work Program approval authority,
Program Staff, or other OYA staff may, in their sole discretion, cause an Offender
to be temporarily removed from the Offender's Work Program assignment for reasons
consistent with the Offender’s treatment needs, the safety and security needs
of the facility, or the safety and security needs of the Work Program and any Program
Staff or Offender participants.
(2) An Offender's Work Program
assignment must be immediately suspended whenever the Work Program approval authority,
Program Staff, or other OYA staff have reason to believe that:
(a) The Offender has violated
any law, or prescribed Work Program participation condition;
(b) The Offender's continued
participation in the Work Program poses an imminent threat to staff, other Offenders,
or the general public; or
(c) The Offender's continued
participation in the Work Program is otherwise not in the best interest of the Offender,
facility operations, or the community.
(3) Following suspension
of an Offender from a Work Program, the Work Program Manager must review the circumstances
surrounding the Offender's suspension and determine whether to terminate or reinstate
the Offender to the Work Program.
(4) Unauthorized Absences
(a) An Offender participating
in an Onsite Work Program, Offsite Work Program, or Work Release who is determined
to be absent without written permission from the Work Program is on unauthorized
absence and is immediately terminated from the Work Program.
(b) An unauthorized absence
may constitute an escape from a correctional facility and must be reported as an
escape according to OYA policy.
(5) An Offender who is terminated
from a Work Program may appeal the termination decision by filing an Offender grievance
according to OAR chapter 416, division 20 (Offender Grievance Process).
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.070, 420.240, 420.245, 420.250, 420.255, 420.270
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0080
Work Program Staff Security Precautions
(1) Program Staff may supervise Offenders
who are participating in Facility Work Programs or Work Release, or escort Offenders
going to or returning from Work Release activities in the community.
(2) Only a Program Staff
who is an OYA employee, or an employee or agent of a local, state, or federal government
agency may supervise Offenders who are participating in Onsite Work Programs or
Offsite Work Programs.
(3) Program Staff who supervise
or escort Offenders must:
(a) Successfully complete
OYA training on basic security practices;
(b) Carry a mobile communication
device; and
(c) Be familiar with and
follow OYA policies pertaining to:
(A) Appropriate relationships
with Offenders;
(B) Mandatory reporting of
Offender abuse or harassment;
(C) Supervision of Offenders;
and
(D) Transporting Offenders.
(4) OYA training on basic
security practices listed in subsection (3)(a) of this rule must be designed in
consultation with the Department of Corrections.
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.070, 420.240, 420.245, 420.250, 420.255, 420.270
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14
416-415-0090
Written Agreements with Public and Private
Agencies or Persons
(1) A written agreement must exist between
OYA and a public or private agency, or person with whom an Offender has secured
authorized work, prior to the assignment of an Offender to perform the authorized
work.
(2) The agreement must set
forth the following:
(a) The nature and scope
of the work to be performed by the Offender;
(b) Any terms or conditions
of the Offender's assignment and participation required by OYA;
(c) The stipend rate for
the Offender's participation in the Work Program;
(d) The costs of staff supervision,
if applicable; and
(e) A provision requiring
the public or private agency, or person with whom an Offender has secured authorized
work to furnish to OYA a regular accounting of the Offender's work performance,
behavior, and location.
Stat. Auth.: ORS 420A.025, 420A.010,
420.240
Stats. Implemented: ORS 420A.010,
420.070, 420.240, 420.245, 420.250, 420.255, 420.270
Hist.: OYA 3-2014, f. &
cert. ef. 11-4-14



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