Or. Admin. Code § 291-063-1020

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

Section 291-063-1020 - Emergency Leave

(1) Emergency leave may be granted by any Department of Corrections facility with proper approval of the functional unit manager or designee. The same eligibility requirements that apply to short-term transitional leave in OAR 291-063-0120 also apply to emergency leave, except that persons incarcerated for parole or post-prison supervision revocation sanctions are not eligible for short-term transitional leave. However, such persons are eligible for emergency leave pursuant to ORS 421.166.

(2) Application:

(a) The inmate may apply for a leave by filling out an appropriate request and submitting it to the assigned counselor or designated staff member.

(b) Requests must be submitted in sufficient time for staff to review and verify the information provided.

(c) Counselors or designated staff members will verify the information given and submit the necessary documentation and any other relevant information for the releasing authority.

(3) Approval: The functional unit manager or designee may grant an emergency leave to an inmate for the following reasons:

(a) To visit a terminally ill family member if the member lives within the state.

(b) To visit a gravely ill child of the inmate if the child lives within the state.

(c) To attend the funeral or view the remains of an immediate family member if the funeral is in the state.

(4) The duration of the emergency leave shall be restricted to only the time necessary to accomplish the purpose of the leave.

(5) Emergency leave will not be granted in the company of a Department of Corrections employee or volunteer unless the inmate is an immediate family member of the employee or volunteer.

(6) In approving an emergency leave, the functional unit manager will impose conditions of release necessary for approval of the emergency leave.

(7) Inmates requesting non-emergency medical treatment while on emergency leave shall return to the releasing facility for examination and treatment if necessary.

(8) Expenses: Funds to cover expenses of any leave must be available in the inmate's account before leave may be granted, unless otherwise specifically authorized by the functional unit manager or designee. Any funds received designated for this purpose will not be used to reduce any indebtedness.

(9) Community Corrections Monitoring: When an emergency leave exceeds five days, the functional unit manager or his/her designee must arrange with Community Corrections staff for monitoring of the inmate while the inmate is in the community. Upon departure from the facility, an EPR shall be initiated by the releasing facility.

(a) Assigned Community Corrections staff may, when deemed necessary, request that the functional unit manager authority modify leave conditions with written prior notice to the inmate and documentation to the file.

(b) Within ten days of the functional unit manager's approval to modify, the inmate may appeal to the Assistant Director of Operations the changes in leave conditions.

(10) Emergency Leave Violations: Violations of the conditions of an emergency leave constitute the basis for disciplinary action, which will be handled in accordance with the Department of Corrections rules on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(a) Community Corrections staff have the authority to detain any inmate on emergency leave status and lodge him or her in a local jail pending investigation or return to a Department of Corrections intake facility.

(b) If the decision is made to remove an inmate from emergency leave status and return the inmate to the releasing facility, the responsibility for return will be as follows:

(A) Inmates who have been apprehended out-of-state will be returned to a Department of Corrections intake facility.

(B) Inmates who have been removed from emergency leave will be returned to the releasing facility.

(C) If the inmate fails to report as instructed, the supervising officer will immediately investigate the circumstances and report the incident to the functional unit manager or designee.

(D) If the inmate fails to report or return to the releasing facility as instructed, a warrant will be issued.

Or. Admin. Code § 291-063-1020

Renumbered from 291-063-0050, DOC 9-2017, f. 6-8-17, cert. ef. 6/12/2017

Stat Auth: ORS 179.040, 421.166, 423.020, 423.030, and 423.075

Stats. Implemented: ORS 179.040, 421.166, 423.020, 423.030, and 423.075