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 (DOC) in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to: (a) Provide procedures for the administrative transfer of certain adults in custody (AICs) or youths in custody (YICs) under the age of 20 from DOC to the Oregon Youth Authority (OYA); and (b) Provide procedures for requesting a court hearing under the provisions of ORS 420A.203 Eligibility for second look , establishing a release plan , and providing follow-up reports to the court. (3) Policy: It is the policy of DOC that , when authorized under and consistent with applicable state law: (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) No person 18 years of age or older at the time of committing the offense shall be transferred to a youth correction facility ; and (c) No person under 18 years of age will be housed in a DOC facility. (4) DOC and OYA concur these transfers best serve the AIC’s and YIC’s reformation plans; and AICs and YICs may be transferred by OYA to DOC when appropriate, in accordance with ORS 420.011, Subsections 2 and 3, and ORS 137.124.