OAR 416-420-0030
Visits with Offenders
(1)
Prior authorization by OYA is required for all persons who request to visit an offender, in compliance with these rules and OYA policy.(2)
Staff will consider all requests from individuals who request to visit an offender and allow or deny the visit on the basis of the interests of the security and order of the facility and what would best benefit the offender. When making a determination about whether to allow visitation, staff will consider:(a)
Facility security and order;(b)
The relationship that exists between the offender and the visitor;(c)
The offender’s case plan;(d)
The goals for the visit;(e)
The offender’s wishes;(f)
Orders of the court; and(g)
The recommendation of the Department of Corrections (DOC) (for offenders in the physical custody of OYA and legal custody of DOC).(3)
Visitation with offenders is limited to those persons who are integral to the offender’s case plan. Those persons typically include:(a)
Family members, including but not limited to: parents, siblings, children of offenders, legal guardians, members of step families, surrogate parents, or grandparents;(b)
Attorney for the offender (subject to OAR chapter 416, division 150);(c)
Persons involved in treatment planning, including but not limited to mentors, transition resources, or placement options; and(d)
Other persons, as approved on a case-by-case basis.(4)
Any person may be denied visitation with an offender for the following reasons:(a)
The person does not have prior authorization to visit an offender;(b)
The person appears to be intoxicated, under the influence of a controlled substance, or otherwise behaving in an unlawful or inappropriate manner;(c)
The person has abused or may abuse an offender;(d)
The person has encouraged the offender to violate the law or disobey OYA rules, policies, procedures, or protocols;(e)
There is reasonable cause to believe the person intends to aid an offender in escaping;(f)
The person has violated OYA rules, policies, procedures, or protocols;(g)
The person has interfered with the good order, security, or operations of the facility and there is reasonable cause to believe the person will do so again;(h)
The time of the person’s visit interferes with daily programming;(i)
The visit interferes with the offender’s overall reformation;(j)
The committing court, DOC, or Community Corrections has ordered that the person not visit;(k)
The offender or the offender’s parent or legal guardian has requested that the person not visit;(l)
The person is a former OYA staff, volunteer, or contractor who engaged in an inappropriate relationship with an offender;(m)
The person is on supervision in the community by any supervising authority; or(n)
The person has an active warrant.(5)
If a request for visitation is denied, OYA will provide the requestor and the affected offender with a written statement of the determination. An offender may appeal the decision using the grievance process outlined in OAR chapter 416, division 20 and OYA policy. The requestor may appeal the decision in writing to the facility superintendent or camp director within 30 days of receiving the written statement of the determination.(6)
Persons who visit offenders are subject to the following standards:(a)
Visitors ages 13 and older must present valid photo identification;(b)
Visitors must arrange with facility staff prior to the scheduled visitation if they wish to bring personal items or gifts to the offender;(c)
Visitors less than the age of 18 must be accompanied by his/her parent or guardian;(d)
Visitors must comply with the visitation schedule for each facility, including the day, time, and length of visit allowed, and check-in at the designated reception area;(e)
The number of visitors will be limited if space, supervision, or security require it;(f)
Visitors will wear conventional clothing in a manner which is not unduly suggestive, in accordance with facility protocol, and which does not pose a threat to the safety, security, health, treatment, or good order of the facility. Clothing that is revealing, such as shorts higher than mid-thigh, low cut blouses, shoulder straps less than one inch wide or clothing that exposes the stomach, back, or other areas is prohibited. Clothing that displays or suggests the use of alcohol, drugs, or profanity is prohibited. Clothing, hairstyles, insignias, or other paraphernalia associated with street gangs is prohibited. Footwear must be worn;(g)
Visitors will not exchange any object or article with an offender;(h)
Visitors will control children and remove them from the visiting area if necessary to avoid disturbing other visitors;(i)
Minor children or animals will not be left unattended in cars or on institution property; and(j)
Neither a visitor nor an offender will be permitted to visit with a person who is not specifically authorized for the current visit.(7)
Requests from media representatives to visit an offender are subject to the provisions of OAR chapter 416, division 060.
Source:
Rule 416-420-0030 — Visits with Offenders, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-420-0030.