Or. Admin. Code § 291-052-0100

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

Section 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.

Or. Admin. Code § 291-052-0100

DOC 14-2015, f. & cert. ef. 10/20/2015; DOC 13-2018, amend filed 06/07/2018, effective 6/7/2018; DOC 12-2023, amend filed 05/24/2023, effective 5/24/2023

Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & ORS 420A.130

Statutes/Other Implemented: ORS 137.124, 179.040, 420.011(2) & (3), 423.020, 423.030, 423.075 & ORS 420A.130