OAR 291-104-0111: Definitions

(1) Administrative Review: A review of classification scoring, classification level, or classification override requested by an adult in custody and completed by the designated institution committee, institution functional unit manager, or Classification Manager. (2) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (3) Adult on Supervision: Any person under the supervision of the Department of Corrections who is on parole, post-prison supervision, or probation status. (4 ) Arrest: For the purposes of these rules, arrest means placing a person under full custody ( that is, being fully restrained or after being placed in a law enforcement vehicle for transport) for the purpose of charging that person with an offense. (5) Behavioral Health Services (BHS): A unit within Oregon Department of Corrections Health Services with primary responsibility for the assessment and treatment of adults in custody with mental illness and intellectual disabilities. (6) Behavioral Health Unit: An intensive behavioral management and skills training unit for adults in custody with serious mental illness that have committed violent acts or disruptive behavior. (7 ) Classification Action: Initiation of initial custody classification level, reclassification , or classification override to determine an adult in custody’s custody classification level. (8 ) Classification Manager: A Department of Corrections employee responsible for the development, implementation, training, auditing, oversight , and management of the classification function within the department. (9 ) 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. (10 ) Custody: As it relates to escape, a person is in custody if a peace officer has placed the person under arrest for the purpose of charging that person with an offense , or taking the person into custody for a parole, post-prison supervision or probation violation . (11 ) Custody Classification Guide (Attachment 1): Criteria and guidelines that assist in understanding an adult in custody assigned custody classification level utilizing scoring elements determined by the Department of Corrections. (12 ) Custody Classification Level: One of five levels of supervision assigned to an adult in custody through initial custody classification level and classification review procedures. (a) Level 5 (Maximum): An adult in custody assigned at this custody classification level meets one of the following criteria: (A) Has demonstrated behaviors causing serious management concerns 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 Special Population Management Committee for housing placement. The Special Population Management Committee will determine housing placement and if general population is recommended can override the Level 5 classification to Level 4. (c) Level 4 (Close): An adult in custody assigned at this custody classification level presents a serious risk of escape or institutional violence or 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 (Medium): An adult in custody assigned at this custody classification level presents a moderate risk of escape, has a High- Level detainer, has demonstrated behavior causing moderate management concern, or has time remaining of 61 to 120 months. ( e ) Level 2 (Minimum): An adult in custody assigned at this custody classification level presents a limited risk of escape, has a Low-Level detainer, or has demonstrated behavior causing limited management concern, and has time remaining of 60 months or less . ( f ) Level 1 (Minimum): 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 . (13 ) Department of Corrections (DOC) Facility: Any institution, facility , or staff office, including the grounds, operated by the Department of Corrections. (14 ) Designators: Information, alerts , or statutory designations important for sentence computation and crucial to determining work crew eligibility, unfenced housing assignment (as defined in OAR 291-082-0105), and the management of adults in custody and adults on supervision . (15 ) Escape: For purposes of these rules, escape : (a) Means an unlawful departure of a person from custody ; 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 Department of Corrections 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 . (16) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations. (17) 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. (18 ) Initial Custody Classification Level: The process used by the department to assign an adult in custody a custody level upon their admission to the physical custody of the department . (19) 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. (20 ) 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. (21) Law Enforcement: Government agencies and individuals designated to enforce laws and maintain public order (such as, sheriff, police officer, or parole officer). (22 ) 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 . (23 ) Override: An option utilized when there is a documented issue(s) not addressed in the automated classification scoring, or a degree of seriousness in a classification factor that justifies a higher or lower custody classification level than indicated by the classification action. (24) Reclassification: The process used by the department to re-evaluate an adult in custody's assigned custody classification level after they have been in the department’s custody for at least six (6) months. The assigned custody classification level may be changed as a result of the review. (25 ) Serious Management Concerns: Participation , either individually or in a group, in behavior which poses a significant threat to the safe and secure operation of the Department of Corrections facility including, but not limited to : (a) Threatening or inflicting bodily injury on another person; (b) Posing an immediate risk of escape; (c) Promoting or engaging in disruptive group behavior; (d) Promoting security threat group activities; or (e) Being involved in any other activity that could significantly threaten the safe and secure operation of the Department of Corrections facility, and that such behavior poses a sufficient threat that, in the judgment of the department, can only be adequately controlled in appropriate special housing. (26 ) 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 . (27 ) Violence Predictor Score : A score based on a mathematical equation , see Attachment 2 Violence Predictor Score Formula, used to determine an adult in custody’s potential risk for violence in an institutional setting during the first twelve (12) months of incarceration. The equation includes calculations based on an adult in custody’s age, gender, prior incarcerations, type of crime, aggression, drug history, and certain personality disorders. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]