OAR 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 and Offsite Work Program.
To be considered for assignment to and participation in an Onsite Work Program or Offsite 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) 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 (Stalking);
(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 (Determinate sentences required for certain felony convictions), 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court), 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 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).
(d) 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).
Source:
Rule 416-415-0040 — Offender Eligibility for Participation in a Work Program, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-415-0040.