Or. Admin. Code § 291-100-0013

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-100-0013 - Admissions

(1) In-State Commitments:

(a) Intake Facility: The Coffee Creek Correctional Facility is the general intake facility for male and female AICs committed to the Oregon Department of Corrections except as outlined in (e), (f), and (j) through (l) below.

(b) Pursuant to ORS 137.124(1) and (2), an AIC sentenced on or after January 1, 1997 to a sentence that exceeds 12 months will be delivered to the appropriate Department of Corrections intake facility and an AIC sentenced to 12 months or less will be committed to the custody of the supervisory authority of the county in which the crime of conviction occurred.

(c) Pursuant to ORS 137.320(1), the sheriff shall deliver with the AIC a copy of the judgment and a time served certification. Pursuant to ORS 137.315, the sentencing court or the sheriff may transmit a notice of the judgment by electronic telecommunication, as long as the notice is followed by a duplicate or photographic copy of the judgment.

(d) Youths committed to the legal custody of the Department of Corrections will follow the department's rules on Transfers and Responsibilities Between Oregon Youth Authority and Department of Corrections (OAR 291-052).

(e) Male AICs sentenced to death will be delivered by the sheriff to the Oregon State Penitentiary. Female AICs sentenced to death will be delivered by the sheriff to the Coffee Creek Correctional Facility.

(f) In extraordinary circumstances where intensive confinement or special immediate treatment of an AIC is essential (for example, medical or mental health problems) the sheriff may deliver the AIC directly to an approved department facility other than the designated department intake facility. In such cases, the sheriff must obtain prior approval by contacting the Department of Correction's Population Management Administrator or designee.

(g) Upon receipt of the judgment and the time served certification, OISC staff will establish a case file and compute the AIC's sentence. After the case file is established and the AIC's sentence is computed, OISC staff will send a copy of the facesheet to the Board of Parole and Post-Prison Supervision.

(A) The court name used by the Department of Corrections on an AIC's case file and other documents (for example, identification cards, medical files) will be established and based on the name provided in the first judgment sentencing an AIC to the custody of the Oregon Department of Corrections. This court name remains the same as long as an AIC remains in the same custody cycle.

(B) Alternately, an AIC may request an alternative name to be their Department of Corrections name of record if it is materially different from the court name, is supported by legal documentation of their legal name, and is authorized for use by the Department of Corrections on the AIC's case file, identification card, medical file, etc.

(h) In the event the sheriff does not deliver a time served certification with the AIC, the department will accept a time served certification by email, fax, mail, or teletype at OISC.

(i) If a time served certification is received after admission of the AIC, the OISC staff designated to perform sentence calculation shall amend the sentence computation pursuant to ORS 137.370 and send a copy of the amended facesheet to the Board of Parole and Post-Prison Supervision.

(j) Parole violators will be accepted at the designated Department of Corrections intake facility with a revocation order issued by the Board of Parole and Post-Prison Supervision chairperson, or for a Board of Parole and Post-Prison Supervision warrant from out-of-state.

(k) A post-prison supervision violator is to be returned to the appropriate Department of Corrections intake facility by Community Corrections staff or the county sheriff upon receipt of authorization from the Board of Parole and Post-Prison Supervision. The authorization must include the arrest date; suspend and detain date; revocation date; the days to be served on the violation sanction; and the sanction release date or pending future disposition hearing.

(l) AICs being returned from escape will be accepted at the Department of Corrections intake facility or other designated Department of Corrections facility, as approved, upon verification of escape status and positive identification.

(2) Concurrent and Consecutive Ghosts:

(a) Pursuant to ORS 137.320(2), if an AIC is surrendered to another state or federal authority after sentencing, the sheriff shall forward to the OISC unit at the Department of Corrections intake facility a copy of the judgment, a statement of the number of days the AIC was imprisoned in the county jail prior to surrender and an identification of the authority to whom the prisoner was surrendered.

(b) Upon receipt of the judgment and the time served certification, OISC staff will establish a case file and compute the AIC's sentence(s). After the case file is established and the AIC's sentence(s) is computed, OISC staff will send a copy of the facesheet and judgment to the Board of Parole and Post-Prison Supervision.

Or. Admin. Code § 291-100-0013

CD 23-1983, f. & ef. 5-2-83; CD 24-1983(Temp), f. & ef. 7-11-83; CD 44-1983, f. & ef. 11-4-83; CD 51-1985, f. & ef. 8-16-85; CD 45-1986, f. & ef. 10-21-86; CD 7-1989, f. & cert. ef. 5-25-89; CD 23-1993, f. 9-16-93, cert. ef. 9-20-93; DOC 5-2005, f. & cert. ef. 4-13-05; DOC 12-2024, amend filed 07/05/2024, effective 7/5/2024

Statutory/Other Authority: ORS 137, 144, 161.620, 179.040, 421, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 137, 144, 161.610, 179.040, 421, 423.020, 423.030 & 423.075