OAR 291-082-0105: Definitions

(1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (2) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision, or probation status. (3) Agency Work Crew: One or more adults in custody assigned to work on a community or on-site work crew. (4) Agency Work Crew Supervisor: An employee or agent of the local, state, or federal governmental agency, responsible to supervise adults in custody assigned to an agency work crew pursuant to an intergovernmental agreement entered by the agency and the Department of Corrections. (5) Behavioral Health Unit: An intensive behavioral management and skills training unit for adults in custody with serious mental illness who have committed violent acts or disruptive behavior. (6 ) Corrections Information System: A computer system dedicated to tracking information critical to the management of adults in the custody or under the supervision of the Department of Corrections . ( 7 ) Custody Classification Level: One of five levels of supervision assigned to an adult in custody through initial and classification review procedures . (a) Level 5: An adult in custody assigned at this custody classification level meets one of the following criteria: (A) Has demonstrated behaviors causing serious management concerns, as defined in OAR 291-104, or has demonstrated behaviors that in the judgment of the department present a threat sufficient to require special security housing on intensive management status ; (B) Has a sentence of death or is pending retrial in a case in which a sentence of death may be re-imposed ; (C) Has a pending trial for a case in which a sentence of death may be imposed ; or (D) Is under investigation for or has been charged with the in-custody murder of another adult in custody or employee. (b) Adults in custody who have a sentence of death, pending trial, or pending retrial in a case in which a sentence of death may be imposed will be reviewed by the Special Population Management Committee for housing placement. (c) Level 4: An adult in custody assigned at this custody classification level presents a serious risk of escape or institutional violence, has time remaining of more than 120 months to life with or without parole or released from the Intensive Management Unit or Intensive Management Unit diversion in the Behavioral Health Unit during the past year . ( d ) Level 3: An adult in custody assigned at this custody classification level presents a moderate risk of escape, has a High- Level detainer as defined in the Custody Classification Guide (OAR 291-104-0111 , Attachment 1 ) , has demonstrated behavior causing moderate management concern, or has time remaining of 61 to 120 months. ( e ) Level 2: An adult in custody assigned at this custody classification level presents a limited risk of escape, has a Low-Level detainer as defined in the Custody Classification Guide (OAR 291-104-0111 , Attachment 1 ) , or has demonstrated behavior causing limited management concern, and has time remaining of 60 months or less . ( f ) Level 1: An adult in custody assigned at this custody classification level presents a minimal risk of escape, meets the criteria for Detainer-Not Applicable, has demonstrated behavior causing minimal management concern and has time remaining of 60 months or less . ( 8 ) Department of Corrections Facility: Any institution, facility , or staff office, including the grounds, operated by the Department of Corrections. ( 9 ) Designator: Information, alerts , or statutory designations important for sentence computation and crucial to determining work crew eligibility, unfenced housing assignment, and the management of adults in custody and adults on supervision . ( 10 ) Direct Supervision: The responsibility of authorized supervisors to ensure the on-site presence of an adult in custody while outside the institution secure perimeter, and to immediately report any unauthorized absence or departure. (11) Escape: For purposes of these rules, escape: (a) Means an unlawful departure of a person from custody (as defined herein); or escape, attempted escape, or conspiracy to escape from any correctional facility, including state, federal, county, or juvenile facilities; or departure and failure to return to any facility or housing in which a person was court ordered to reside; and (b) Includes the unauthorized departure or absence from this state by a person who is under the jurisdiction of the Psychiatric Security Review Board, or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351; abscond while on temporary release or transitional leave from a facility; or escape, attempted escape, or conspiracy to escape from the custody of officials while in a legitimate criminal justice building for a court appearance or from full custody of law enforcement, correctional employee, or employee from any partner agency assigned to supervise a person in custody for any of the reasons a person may be in custody while in the community. (12) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations. (13 ) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. ( 14) Intensive Management Unit: Special security housing and programs separate from general population housing units in Department of Corrections facilities for adults in custody demonstrating serious security or safety concerns. (15) Intensive Management Unit Diversion: The placement of an adult in custody who is determined to be seriously mentally ill into mental health special housing in lieu of the Intensive Management Unit for the duration of the program or until there is a change in status. (16) Office of Population Management: A functional unit of the department that has administrative responsibility for a variety of systems including overall planning and management of adult in custody capacity requirements for correctional facilities statewide. (17 ) Protection Order or Restraining Order: Any valid court order intended to protect one person from another and restraining one person from any form of contact with another person. (18) Special Population Management Committee: A committee that is chaired by a representative from the Office of Population Management and is composed of at least two additional department employees from institution operations and Behavioral Health Services who are responsible for reviewing referrals to the Intensive Management Unit, mental health special housing, or administrative housing. (19 ) Stalking Conviction: Any court conviction for stalking as described in ORS 163.732 and 163.750. ( 20 ) Stalking Order: Any court order prohibiting one person from stalking another as described in ORS 163.732 and 163.750. (21) Static-99R: A ten-item actuarial assessment instrument designed to determine a sex offender’s risk of reoffense. Scoring ranges between -3 (low) and 10 (high). (22 ) Unfenced Housing Assignment: A housing assignment to a Department of Corrections facility that does not have a secure perimeter fence. ( 23) Work Assignment Levels: (a) Inside Work Assignment : A work assignment restricted to inside the perimeter fence of a Department of Corrections facility. (b) On-Site Work Assignment : A work assignment on the grounds of the facility in which an adult in custody is housed, but outside the perimeter fence of the facility. (c) Community Work Assignment : A work assignment located outside the perimeter fence and off the grounds of the Department of Corrections facility in which an adult in custody is housed. ( 24 ) Work Housing Assignment Level Evaluation : The automated assessment program in the Corrections Information System used by the Department of Corrections to determine an adult in custody’s work assignment levels or unfenced housing assignment or both .