OAR 291-052-0100
Authority, Purpose and Policy

(1)

Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040 (General powers and duties), 423.020 (Department of Corrections), 423.030 (Department not limited by ORS 423.020), and 423.075 (Director).

(2)

Purpose: The purpose of these rules is to:

(a)

Provide procedures for the administrative transfer of certain inmates under the age of 20 from the Department of Corrections (DOC) to the Oregon Youth Authority (OYA); and

(b)

Provide procedures for requesting a court hearing under the provisions of Second Look, establishing a release plan and providing follow-up reports to the court.

(3)

It is the policy of DOC that:

(a)

An individual under the age of 18 at the time of committing an offense and under 20 years of age at the time of sentencing to a term of incarceration in DOC may be housed at a youth correction facility as follows:

(A)

If the individual is under 18 years of age at the time of transfer, the individual shall be delivered directly to a youth correction facility by the county; and

(B)

If the individual is 18 or 19 years of age and is taken to Coffee Creek Intake Center, the individual shall be transferred to a youth correction facility as soon as possible;

(b)

Pursuant to federal sight and sound mandates and ORS 137.124 (Commitment of defendant to Department of Corrections or county)(9), no one 18 years of age or older at the time of committing the offense shall be transferred to a youth correction facility, and no one under 18 years of age will be housed in a DOC facility.

(4)

DOC and OYA concur these transfers best serve the inmates’ reformation plans; and inmates may be transferred by OYA to DOC when appropriate, as provided for in ORS 420.011 (Admissions to youth correction facilities), Subsections 2 and 3, and ORS 137.124 (Commitment of defendant to Department of Corrections or county).

Source: Rule 291-052-0100 — Authority, Purpose and Policy, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-052-0100.

Last Updated

Jun. 8, 2021

Rule 291-052-0100’s source at or​.us