1. (1) The department in its discretion may accept an eligible AIC into an alternative incarceration program based on its determination that the AIC’s participation in such a program is consistent with the safety of the community, the welfare of the AIC, the program objectives and the rules of the department.

2. (2) An AIC will not be accepted into an alternative incarceration program unless the AIC submits a written request to participate.

   1. (a) The request must contain a statement signed by the applicant providing that the AIC:

      1. (A) Is physically and mentally able to withstand the rigors of the program; and
      2. (B) Has reviewed the alternative incarceration program descriptions provided by the department and agree to comply with each of the requirements.
   2. (b) An otherwise-eligible AIC with a physical or mental disability will be evaluated individually by the department to determine whether the AIC may successfully participate in the fundamental components of an alternative incarceration program.
   3. (c) The department shall make the final determination regarding an AIC’s physical or mental ability to withstand the rigors of the program.

Statutory/Other Authority

ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 179.040, 421.500 to 421.512, 423.020, 423.030 & 423.075

History

DOC 1-2021, amend filed 01/05/2021, effective 01/05/2021
DOC 13-2020, temporary amend filed 07/16/2020, effective 07/16/2020 through 01/11/2021
DOC 6-2017, f. & cert. ef. 5-17-17
DOC 4-2012, f. & cert. ef. 3-1-12
DOC 20-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12
DOC 12-2009, f. & cert. ef. 7-13-09
DOC 3-2009(Temp), f. & cert. ef. 3-20-09 thru 9-11-09
DOC 7-2007, f. & cert. ef. 10-9-07
DOC 11-2005, f. 8-19-05, cert. ef. 8-22-05
DOC 5-2004, f. & cert. ef. 7-12-04
DOC 1-2004(Temp), f. & cert. ef. 1-14-04 thru 6-12-04