Or. Admin. Code § 291-149-0200

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-149-0200 - Suspension or Termination from a Work Release Program

(1) Temporary Removal from Work Release Assignment: The work release approval authority or designee, program staff, or other designated Department of Corrections staff may, in their sole discretion, temporarily remove an inmate from his/her work release assignment, which may include returning the inmate to secure custody, at any time without a hearing.

(2) Suspension from Work Release Assignment: The work release approval authority or designee may, in the authority's or designee's sole discretion, suspend an inmate from his/her work release assignment, if the authority or designee believes that:

(a) The inmate has violated any law, Department of Corrections administrative rule, or any specific condition of program participation prescribed by the Department or designated outside agency applicable to the inmate;

(b) The inmate's continued participation in the work release program poses a threat to staff, other inmates, or to the general public; or

(c) The inmate's continued participation in the work release program is otherwise not in the best interest of the inmate or of the community.

(3) Program Continuation/Sanctions: The work release approval authority or designee may continue an inmate in a work release assignment with program sanctions if:

(a) Program staff determine that the inmate's conduct/violation may appropriately be addressed with the inmate in the work release assignment with program sanctions; and

(b) The inmate admits to the conduct/violation that gave rise to the suspension, and consents to sanction(s).

(4) Disciplinary Sanctions: If a misconduct report is submitted, a hearing shall be conducted in accordance with the department's rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). An inmate found in violation of a rule of prohibited conduct while on work release, may be subject to suspension or termination from the work release program and may be subject to other sanctions in accordance with OAR 291-105.

(5) Status Changes: An inmate participating in a work release program whose status has changed in a manner that results in the inmate being ineligible to continue participating in the work release program may be immediately terminated from the program.

(6) Unauthorized Absences:

(a) An inmate participating in a work release program who is determined to be absent without documented permission from authorized work in the community, education or treatment, or a designated housing facility, will be immediately terminated from the work release program.

(b) An unauthorized absence constitutes an escape from a correctional facility under ORS 162.155, and shall be reported as an escape.

(7) Termination:

(a) If an inmate is suspended from a work release program, the work release approval authority or designee may either terminate or reinstate the inmate to a work release program assignment after reviewing the circumstances surrounding the inmate's suspension and any recommendation by program staff. Affected inmates will be notified in writing of the work release approval authority's decision. If the decision is made to terminate the inmate from the work release program, the notice of termination will contain a statement of the reason(s) for the decision.

(b) Termination from a work release program will be considered program non-compliance and will result in a program failure and a loss of Earned Time Credits (ETC), applied to the review period in which the termination occurred, unless termination was for administrative reasons unrelated to the inmate's conduct or participation in the work release program assignment.

Or. Admin. Code § 291-149-0200

DOC 2-1998(Temp), f. & cert. ef. 2-10-98 thru 8-9-98; DOC 18-1998, f. & cert. ef. 8-6-98; DOC 9-2019, amend filed 6/17/2019, effective 6/17/2019

Statutory/Other Authority: ORS 144.410 - 144.525, 179.040, ORS 144.260, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852

Statutes/Other Implemented: ORS 144.260, 144.410 - 144.525, 179.040, 421.440, 423.020, 423.030, 423.075 & 1997 OL, Ch. 313, 851 & 852