1. (1) Agency Work Crew: One or more inmates assigned to work on an on-site or community crew.
2. (2) Agency Work Crew Supervisor: An employee or agent of the local, state or federal governmental agency or private non-profit and private entities who may supervise inmates responsible to supervise adults in custody assigned to an agency work crew pursuant to an intergovernmental agreement entered into by the agency and the Department of Corrections.
3. (3) Corrections Information System: A computer system dedicated to tracking information critical to the management of inmates and offenders under the custody, supervision or both of the Department of Corrections.

4. (4) Custody Classification Level: One of five levels of supervision assigned to an inmate through initial and classification procedures in accordance with the DOC rule on Classification (Inmate) (OAR 291-104).

   1. (a) Level 5: An inmate assigned at this custody level meets one of the following criteria:

      1. (A) Has demonstrated behaviors causing serious management concerns, or has demonstrated behaviors that in the judgment of the department present a threat sufficient to require special security housing on intensive management status.
      2. (B) Has a sentence of death or is pending retrial in a case in which a sentence of death may be re-imposed.
      3. (C) Has a pending trial for a case in which a sentence of death may be imposed.
      4. (D) Is under investigation for or has been charged with the in-custody murder of another inmate or staff.
   2. (b) Level 4: An inmate assigned at this custody level presents a serious risk of escape or institutional violence, or has time remaining of more than 120 months to life, with or without parole.
   3. (c) Level 3: An inmate assigned at this custody level presents a moderate risk of escape, has a Level 3 detainer as defined in the Custody Classification Guide (OAR 291-104-0111), has demonstrated behavior causing moderate management concern, or has time remaining of 61 to 120 months.
   4. (d) Level 2: An inmate assigned at this custody level presents a limited risk of escape, as defined in the Custody Classification Guide (OAR 291-104-0111) or has demonstrated behavior causing limited management concern, and has time remaining of 60 months or less.
   5. (e) Level 1: An inmate assigned at this custody level presents a minimal risk of escape, meets the criteria for Detainer-Not Applicable, has demonstrated behavior causing minimal management concern, has time remaining of 60 months or less.
5. (5) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.
6. (6) Designator: Information, alerts or statutory designations important for sentence computation and crucial to determining work crew eligibility, unfenced housing assignment, and the management of inmates and offenders both in institutions and in the community.
7. (7) Direct Supervision: The responsibility of authorized supervisors to ensure the on-site presence of an inmate while outside the institution secure perimeter, and to immediately report any unauthorized absence or departure.

8. (8) Escape: For purposes of these rules, escape:

   1. (a) Means an unlawful departure of a person from custody (as defined herein); or escape, attempted escape, or conspiracy to escape from any correctional facility, including state, federal, county, or juvenile facilities; or departure and failure to return to any facility or housing in which a person was court ordered to reside; and
   2. (b) Includes the unauthorized departure or absence from this state by a person who is under the jurisdiction of the Psychiatric Security Review Board, or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351; abscond while on temporary release or transitional leave from a facility; or escape, attempted escape, or conspiracy to escape from the custody of officials while in a legitimate criminal justice building for a court appearance or from full custody of law enforcement, correctional employee, or employee from any partner agency assigned to supervise a person in custody for any of the reasons a person may be in custody while in the community.
9. (9) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations.
10. (10) Inmate: Any person under the supervision of the 4Department of Corrections 5who is not on parole, post-prison supervision or probation status.
11. (11) Protection/Restraining Order: Any valid court order intended to protect one person from another and restraining one person from any form of contact with another person.
12. (12) Static-99R: A ten item actuarial assessment instrument designed to determine a sex offender’s risk of re-offense. Scoring ranges between -3 (low) and 10 (high).
13. (13) Stalking Conviction: Any court conviction for stalking as described in ORS 163.732 and 163.750.
14. (14) Stalking Order: Any court order prohibiting one person from stalking another as described in ORS 163.732 and 163.750.
15. (15) Unfenced Housing Assignment: A housing assignment to a Department of Corrections facility that does not have a secure perimeter fence.

16. (16) WHALE Work Assignment Levels:

    1. (a) Inside: A work assignment restricted to inside the perimeter fence of a Department of Corrections facility.
    2. (b) On-Site: A work assignment on the grounds of the facility in which an inmate is housed, but outside the perimeter fence of the facility.
    3. (c) Community: A work assignment located outside the perimeter fence and off the grounds of the Department of Corrections facility in which an inmate is housed.
17. (17) Work Housing Assignment Level Evaluation (WHALE): The automated assessment program in the Corrections Information System used by the Department of Corrections to determine an inmate’s work assignment levels and/or unfenced housing assignment.

Statutory/Other Authority

ORS 179.040, 421.445, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 179.040, 421.425, 423.020, 423.030 & 423.075

History

DOC 16-2026, temporary amend filed 05/26/2026, effective 05/26/2026 through 11/21/2026
DOC 20-2018, amend filed 07/18/2018, effective 07/18/2018
DOC 6-2015, f. & cert. ef. 5-21-15
DOC 2-2015(Temp), f. & cert. ef. 1-6-15 thru 7-3-15
DOC 5-2012, f. & cert. ef. 3-1-12
DOC 21-2011(Temp), f. & cert. ef. 10-17-11 thru 4-13-12
DOC 27-2008, f. & cert. ef. 11-7-08
DOC 10-2008(Temp), f. 5-8-08, cert. ef. 5-13-08 thru 11-7-08, Renumbered from 291-082-0020
DOC 10-2005, f. & cert. ef. 8-1-05
DOC 1-2005(Temp), f. & cert. ef. 1-7-05 thru 7-6-05
DOC 3-2002, f. & cert. ef. 1-16-02
DOC 13-1998, f. & cert. ef. 6-10-98
CD 29-1997(Temp), f. & cert. ef. 12-12-97 thru 6-11-98