OAR 291-078-0020
Risk Assessment
(1)
Proper assessment ensures the classification of offenders according to risk and their assignment to specified levels of community supervision. The following risk assessment tools are utilized by the department and county community corrections agencies for risk assessment of offenders:(a)
Level of Service/Case Management Inventory (LS/CMI) Section 1 General Risk/Need Factors (version Feb. 2013): A validated assessment tool used to determine an offender’s risk to recidivate and identify criminogenic risk factors across eight domains Criminal History, Education/Employment, Family/Marital, Leisure/Recreation, Companions, Alcohol/Drug Problem, Procriminal Attitude/Orientation, Antisocial Pattern.(b)
Ontario Domestic Assault Risk Assessment (ODARA) (version June 2004): Actuarial risk assessment tool to assess risk of committing future battering in cases where a man or a woman has assaulted his partner.(c)
Public Safety Checklist (PSC)(version 2005): A statistical calculation developed by the Oregon Criminal Justice Commission in collaboration with the department’s research unit to predict an offender’s risk to recidivate within three years of release from custody or admission to probation.(d)
Proxy (version 2005): A three question validated risk assessment tool used to identify initial risk for offenders entering probation supervision.(e)
Stable-2007 (version Sept. 2012): Actuarial risk assessment designed to assess risk of sexually recidivating over time using static risk factors used in conjunction Acute-2007.(f)
Acute-2007 (version Aug. 2012): Actuarial risk and needs scale for the assessment of sexual offenders and the probability of sexual and violent recidivism based upon dynamic needs measured at each supervision contact.(g)
Static-99R and Definitions (version 2003, age coding August 2012): A ten item actuarial assessment instrument for use with adult sexual offenders who are at least 18 years of age at the time of admission to supervision.(h)
The risk assessment tools listed in (a) through (g) above are filed with this rule and are available on request from the Department of Corrections or at the Secretary of State’s Office.(2)
New Case: Any offender received for community supervision who is not already under community supervision at the time of the admission to supervision shall be considered a new case. A risk assessment must be completed.(a)
The offender shall be considered a new case for a period of up to 30 days commencing with the supervision intake date. Authorization to extend the new case status an additional 30 days may be granted by the supervisor when extenuating circumstances warrant such extension. Approval for the extension may be documented in the case file.(b)
An absconder shall be considered a new case upon return to supervision if he/she has been absent from supervision for a period of six months or longer.(c)
An offender shall be considered a new case upon release from incarceration due to revocation or upon a new felony conviction.(3)
Risk Assessment:(a)
The assessment of risk will involve the use of the PSC, a validated risk assessment tool, which is an objective instrument that groups offenders according to their likelihood to recidivate.(b)
The assessment of risk will rely primarily on automated static risk factors to predict the likelihood to recidivate. The initial risk assessment score will be created as part of new case procedures.(c)
The computer generated score will place the offender in one of three risk levels: high, medium, or low.(d)
If an offender has no in-state arrest history or an extensive out-of-state criminal history, the Proxy risk tool will be used, which is a manual risk assessment tool and will serve as a proxy to the automated risk assessment tool and will determine the initial risk level.(4)
Risk, Needs, and Responsivity Assessment:(a)
The ongoing assessment of offenders risk, needs, and responsivity relies on a combination of both static and dynamic risk factors in order to predict recidivism and identify criminogenic needs and responsivity issues.(b)
The LS/CMI and a case plan, as described in OAR 291-078-0026 (Community Case Management and Planning), will be completed on all offenders determined to be of high or medium risk either by the PSC, Proxy, or by an approved override. The LS/CMI is not required on sexual offenders who are subject to the Stable/Acute and Static-99R.(c)
Offenders will be reassessed using the LS/CMI a minimum of every twelve months, or as circumstances warrant for high and medium level cases.(d)
The LS/CMI is not required on offenders that are assessed at the low level either by the PSC or by an approved override. Low level offenders may be reassessed using the PSC or LS/CMI as circumstances warrant.(e)
Nothing in this rule prevents an agency from completing an LS/CMI on a sexual offender or on a low level offender.(5)
Overrides:(a)
The override feature is intended to address risk factors that may not be included in the objective risk assessment instruments. These factors are based upon:(A)
Dynamic risk factors, which appear to impact the risk the offender poses to the community; or(B)
Policy and/or value statements on the part of the agency regarding the delivery of correctional services.(b)
The override feature provides for either increases or decreases in the level of supervision from that determined through the initial risk assessment score.(c)
All overrides must be based upon static and/or dynamic risk factors identified by one of the following tools, special offender designation, or the offender’s availability for supervision:(A)
LS/CMI;(B)
Stable/Acute(C)
ODARA;(D)
SVDO;(E)
Policy; or(F)
Unavailable status, which includes(i)
In custody;(ii)
Warrant/Abscond;(iii)
Residential Treatment;(iv)
CMPO, Compacted Out of State; or(v)
Medical (Hospice, State Hospital, etc.)(d)
The assessing officer must indicate the single most appropriate category on the override screen.(e)
Approval of override requests by the officer’s supervisor is not required; however, an agency may require this level of approval.(f)
All overrides must include a comment or a reason for the override.(g)
Supervision level changes due to override shall remain in effect until:(A)
A change in circumstances warrants a reassessment and subsequent adjustment in the level of supervision;(B)
The removal of the override is warranted and consistent with public safety and the reformation of the offender.(6)
In order to ensure a baseline of statewide consistency in the supervision of offenders, three basic levels of supervision have been established: high, medium, and low. The risk instrument shall, in most cases, determine which supervision level is appropriate. The county community corrections manager will establish minimum contact standards for each of the three supervision levels for new cases.(a)
Standards will be in writing with the policies and procedures of the agency.(b)
The county will notify the Department of Corrections of the contact standards so that they can be coded into the Corrections Information System (CIS). The management reports generated by CIS will reflect the actual standards set in the county.(7)
An offender found to be a SVDO, as defined in ORS 144.635 (Intensive supervision), shall be subject to intensive supervision for the full period of the offender’s parole and post-prison supervision.(8)
Intensive supervision for the purposes of this rule means an enhanced level of supervision exceeding a county’s high risk level supervision standards. Intensive supervision may include, but not be limited to, electronic monitoring, house arrest, curfew, day reporting, supervised housing, multiple supervising officers, adjunct surveillance by law enforcement or other specialists, increased face-to-face offender contacts in the community, increased collateral contacts (such as with family, therapist and employer), community notification, geographic restrictions, offender mileage logs, medication monitoring (such as depo provera, psychotropics, antabuse), intensive outpatient or residential treatment programming, urinalysis, and polygraph.
Source:
Rule 291-078-0020 — Risk Assessment, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-078-0020.