OAR 291-105-0005
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 (General powers and duties), 421.068 (Use of revenue from certain sources), 421.180 (Disciplinary procedures), 423.020 (Department of Corrections), 423.030 (Department not limited by ORS 423.020), and 423.075 (Director).

(2) Purpose: The purpose of this rule is to define the rules of conduct governing adults in custody and outline the procedures to be followed in processing disciplinary action(s).

(3) Policy:

(a) It is the policy of the Department of Corrections to hold adults in custody accountable for misconduct while incarcerated, and to promote and reinforce pro-social behavior by adults in custody, through a system of disciplinary rules and procedures that embrace the Oregon Accountability Model and Correctional Case Management.

(b) Adults in custody under Department of Corrections supervision shall be disciplined for violation of specified rules of prohibited conduct in accordance with the procedures set forth in these rules. The primary objectives of these rules are:

(A) To provide for the safe, secure, efficient, and orderly management of Department of Corrections facilities, the safety and security of Department employees, the public, adults in custody, and property of the Department of Corrections;

(B) To establish norms of acceptable conduct and consistent and fair procedures for the processing of misconduct reports for adults in custody

(C) To allow a range of appropriate disciplinary sanctions for violation of the rules of prohibited conduct for adults in custody; and

(D) To encourage positive behavioral change.

(c) To promote these objectives, adults in custody found in violation of the rules of prohibited conduct are issued individualized sanctions based upon the totality of the circumstances (including input from stakeholders, and the adult in custody’s behavior, strengths, and needs, subject to modification upon order of the Hearings Officer and functional unit manager or designee.

(d) The Department intends that the authorization in OAR 291-105-0100 (Vacating or Withdrawing the Final Order in the Interest of Justice) to withdraw an order and direct the disciplinary hearing to be reopened applies retroactively to disciplinary orders issued on, before, or after these rules.

Source: Rule 291-105-0005 — Authority, Purpose and Policy, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-105-0005.

291–105–0005
Authority, Purpose and Policy 291–105–0010
Definitions 291–105–0013
AIC Access to the Rules of Prohibited Conduct 291–105–0015
Rules of Misconduct 291–105–0021
Procedures for Handling Misconduct by AICs 291–105–0026
Hearings Officers Responsibilities 291–105–0028
Conduct of Formal Hearings 291–105–0031
Processing of the Formal Record 291–105–0036
Preparation of the Formal Record 291–105–0041
Adjudicator Responsibilities 291–105–0046
Conduct of the Informal Hearings 291–105–0056
AIC Rights in Formal and Informal Hearings 291–105–0058
Investigations in Formal and Informal Hearings 291–105–0064
Postponements and Continuances of Hearings 291–105–0066
Principles of Application of Disciplinary Sanctions 291–105–0069
Additional Sanctions for Major Violations 291–105–0071
Additional Sanctions for Minor Violations 291–105–0072
Deviation Sanctions for Major Violations 291–105–0081
Adjustments to Final Orders 291–105–0085
Administrative Review 291–105–0100
Vacating or Withdrawing the Final Order in the Interest of Justice

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 291-105-0005 Authority, Purpose and Policy

OAR 291-105-0005
Authority, Purpose and Policy