OAR 291-022-0210
Reviews
(1)
General:(a)
Whenever staff employs force in response to an incident, a preliminary review of the use of force incident shall be conducted in accordance with the procedures established in these rules.(b)
A full review of a use of force incident shall be conducted by independent departmental review in accordance with the procedures established in these rules when requested by the Inspector General, or when the following circumstances exist:(A)
A person received a serious physical injury in the course of the use of force incident; or(B)
A firearm was discharged during the incident.(c)
The Inspector General may decide if the full review process for the incident requires assembly of a departmental review team to conduct the full review, or order a separate investigation be conducted by a special investigator from the Investigations Unit.(2)
Preliminary Review:(a)
The local state director shall conduct a preliminary review of all use of force incidents within 48 hours of the incident.(b)
Staff involved in the use of force incident shall prepare, assemble, and provide to the local state director all information and records that are relevant to the incident, including but not limited to reports, documents, videos, and photographs of involved persons and witnesses. Staff and/or offenders may be interviewed as necessary to clarify or obtain relevant information. The local state director shall review the information and records to ensure the documentation of the incident is complete.(c)
The local state director shall review the documentation for compliance with administrative directives and prepare a preliminary review report. The local state director shall forward the preliminary review report and supporting documentation to the Assistant Director of Community Corrections with one of the following recommendations:(A)
In compliance with administrative directives, requires only a preliminary review; and(i)
No further action is required; or(ii)
Further corrective action is required by the local state director to address perceived training, security, or other operational issues;(B)
In compliance with administrative directives but requires a full review; or(C)
Not in compliance with administrative directives but requires oly a preliminary review because appropriate corrective action has been taken by the local state director; or(D)
Not in compliance with administrative directives and requires a full review.(d)
The Assistant Director of Community Corrections shall review the preliminary report and all supporting documentation and make any necessary modification or additions he/she deems necessary. The review shall include a preliminary review of the video tape(s) and all associated reports. If the Assistant Director of Community Corrections determines a full review is warranted, all relevant information will be forwarded to the Inspector General or designee for further review.(3)
Full Review:(a)
When a full review of a use of force incident is requested by the Assistant Director of Community Corrections or otherwise required under these rules, a departmental review team shall be assembled to conduct the full review or a separate investigation shall be conducted by a special investigator from the Investigations Unit.(b)
The departmental review team shall include, at a minimum, a representative from Special Investigations assigned by the Inspector General and a representative from one separate functional unit other than the functional unit in which the incident took place. The functional unit representative may include a represented employee. The Special Investigations representative shall chair the review team and arrange for the appointment of the review team members in consultation with the functional unit managers.(c)
The departmental review team shall review the final preliminary review report and all supporting documentation for compliance with administrative directives.(d)
If any member of the review team deems it necessary or advisable to have additional staff or offender interviews conducted, the review team chair shall arrange for an Investigations Unit employee(s) to conduct the interview(s).(e)
If the review team chair determines that a crime may have been committed in the course of the use of force incident, he/she shall contact the State Police or local law enforcement officials before arranging for any additional interview(s) to determine if the law enforcement officials are conducting a criminal investigation regarding the incident, and if so, whether the additional interview(s) would interfere with the investigation.(f)
If advised that the interview(s) would interfere with a pending criminal investigation, the interview(s) shall be postponed until the criminal investigation has been concluded.(g)
Evaluation Report:(A)
After completing the review process, the review team shall prepare and submit its evaluation report to the Inspector General within 30 working days following completion of the full review.(B)
The report shall set forth the departmental review team’s determination whether the actions taken were in compliance with a Department of Corrections administrative directive(s).(C)
If the review team finds evidence of noncompliance, it shall specify these findings and the rationale upon which the findings have been based in its report.(D)
The Inspector General shall review the report for completeness and forward it to the Assistant Director of Community Corrections for review and any necessary action.
Source:
Rule 291-022-0210 — Reviews, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-022-0210.