justicedao/ipfs_state_laws huggingface dataset:
291-133-0025 Marriage or Domestic Partnership Solemnization Ceremony (1) Staff will arrange for the marriage or domestic partnership solemnization ceremony to be scheduled in the area designated after all necessary forms are processed and confirmations have been made. (2) All guests (including participants) attending the marriage or domestic partnership solemnization ceremony must be approved for privileged visiting in accordance with the Department of Corrections rule on Visiting (Inmate) (OAR 291-127) on the day of the ceremony. In accordance with OAR 291-133-0015(5)(d), this requirement may be waived for an applicant who is assigned to administrative housing for reasons of protective custody, or for an applicant who is on death row status. (a) All guests will be processed into the institution in accordance with procedures for regular privileged visiting. (b) A maximum of ten guests (not including the official performing the marriage or individual conducting the domestic partnership solemnization ceremony) will be permitted to attend the ceremony with the applicants. (3) An inmate who is an immediate family member of the bride or groom or domestic partner may attend the marriage or domestic partnership solemnization ceremony only if he/she is housed at the facility where the wedding or ceremony is being held. (4) Designated staff will notify the inmate and appropriate staff when arrangements for the marriage or domestic partnership solemnization ceremony have been finalized. (5) No food, cameras, flowers, or special clothing may be brought into a Department of Corrections facility for inmate marriages or domestic partnership solemnization ceremonies. (6) Inmates will be permitted to wear a plain smooth band, which shall be recorded on the inmate's personal property list. (7) The applicant or prospective spouse or applicant’s domestic partner will have the responsibility of contacting the clergy or other licensed person to perform the marriage or solemnization ceremony. (8) The schedule of marriages or domestic partnership solemnization ceremonies will be arranged by designated staff. (9) The designated staff member will assure that appropriate reports are submitted. Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99 History: DOC 7-2016, f. & cert. ef. 4-20-16 DOC 25-2008, f. & cert. ef. 9-26-08 DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08 DOC 8-2002, f. & cert. ef. 6-12-02 CD 28-1993, f. 10-22-93, cert. ef. 10-23-93 CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93
291-133-0035 Inmate-to-Inmate Marriages and Domestic Partnership Solemnization Ceremonies (1) An applicant satisfying the eligibility requirements of OAR 291-133-0015, except subsection (5)(d), may be permitted to marry or enter a domestic partnership with another applicant provided they reside in the same facility. (2) The department will not transport inmates for the purpose of participating in a marriage or domestic partnership solemnization ceremony. Statutory/Other Authority: ORS 137.285, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 137.285, 179.040, 423.020, 423.030, 423.075 & 2007 OL Ch. 99 History: DOC 7-2016, f. & cert. ef. 4-20-16 DOC 25-2008, f. & cert. ef. 9-26-08 DOC 5-2008(Temp), f. & cert. ef. 4-1-08 thru 9-28-08 DOC 8-2002, f. & cert. ef. 6-12-02 CD 28-1993, f. 10-22-93, cert. ef. 10-23-93 CD 11-1993(Temp), f. 4-21-93, cert. ef. 4-26-93
291-139-0100 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030 and 423.075. (2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedure for affording inmates reasonable access to law library services and equipment and to necessary supplies for the preparation and filing of legal documents with the courts and paroling authorities. (3) Policy: Within the inherent limitations of resources and the need to promote and maintain facility security, safety, health, and order, and subject to operational contingencies and needs, it is the policy of the Department of Corrections to afford inmates reasonable access to law library services and equipment, and to necessary supplies for the preparation and filing of legal documents with the courts and paroling authorities, on a prioritized basis, in accordance with these rules. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17
291-139-0140 Special Housing Law Library Services (1) Inmates assigned to special housing will be afforded reasonable access to law library services through intra-facility telephone and loan systems, satellite law library materials, computer equipment in or near the special housing unit or some combination therein. (2) Inmates assigned to special housing who do not have direct access to computerized legal research materials or to print legal research materials sufficient for their needs may request access to duplicated copies of specific reported cases or other legal research materials by using standard request forms. (a) All loaned legal material items must be returned to the facility law library within the specified time period for the loan. (b) Requests for legal research materials will be limited to five materials per inmate at any one time. (3) Inmates assigned to special housing will be permitted to communicate with library coordinators or inmate legal assistants concerning legal research questions through writing, phone, or in person on a schedule that is posted at the facility. (4) Inmates assigned to special housing with an active case may request a limited and reasonable amount of supplies. Necessary supplies will be made available for inmate use in accordance with security guidelines for the unit where the inmate is housed. No more than 30 pages of paper will be provided per month to inmates in special housing units, unless the requesting inmate can substantiate the need for more. (5) Notary services, photocopying, and mailing services for legal work may be requested in accordance with these rules using the standard request forms. Mail and photocopy requests must be accompanied by a Request for Withdrawal of Funds (CD28). Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17
291-139-0150 Library Coordinators (1) Library coordinators are responsible for supervising facility legal libraries and the provision of law library services to inmates, including the activities of the assigned legal assistants. (2) The library coordinator oversees the prioritization and assignment of legal services to an inmate, including the assignment of legal assistants. (3) The library coordinator will track and manage the work of assigned legal assistants. (4) The library coordinator may instruct inmates on how and where to access requested law library services and other resources, but may not offer advice or directly assist an inmate with their legal issues, case or matter. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17
291-139-0170 Print, Photocopy, and Mailing Services (1) Printing and Photocopy Services: (a) Printing and photocopy services will be made available to inmates in the facility law library for duplication of legal documents at the inmate's expense. An inmate must have sufficient funds in the inmate’s trust account to cover the costs of duplication at the time of a request. (b) Costs for Printing or Photocopying: Inmates receiving printing or photocopying services will be charged at the rate of 10 cents per page. (c) Cursory Review: All documents, prior to photocopy or printing, may receive a cursory review by the library coordinator or other supervising staff. (d) Duplication of materials provided to the inmate by the court, paroling authority or attorney may be approved only for inmates who have sufficient funds to pay for copies. (e) Crime scene images and other inflammatory material from an inmate’s criminal case will not be duplicated. Misuse of such material in violation of the department’s rules of Prohibited Inmate Conduct (OAR 291-105) may result in discipline or in confiscation of the material. (f) All inmate requests for photocopies must be approved by the library coordinator or other supervising staff member. Only legal documents in final form that are ready to be filed with the court or paroling authority will be approved for photocopying. Approval will be provided for only that number of copies needed to satisfy court or paroling authority filing requirements as established by applicable rules and procedures, and one additional copy for retention by the inmate for the inmate’s personal records. If the library coordinator or other supervising staff have questions about copy requirements, the requesting inmate is responsible for providing staff with the citation to the applicable court or paroling authority rules and procedures. (g) Copies of Non-Legal Documents: The library coordinator, in consultation with an immediate supervisor, may approve at the inmate’s expense photocopying of non-legal documents in the facility legal library when doing so serves a legitimate correctional, rehabilitative or programming need. (2) Mailing Services: (a) Mailing services (i.e., envelopes and postage) will be made available to inmates in facility law libraries for mailing legal documents at the inmate's expense as provided in these rules and in the department's rules on Mail (Inmate) (OAR 291-131). (b) Electronic Filing of Legal Documents with a Court: Envelopes and postage will not be provided to inmates for filing of legal documents with a court if the department has entered into an agreement with the court for electronic filing of legal documents by inmates, and the court has provided for electronic filing as the exclusive means of filing legal documents with the court by inmates. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17
291-139-0180 Indigent Inmates (1) Two categories of inmates will qualify for indigent status: (a) A Priority Legal User who is without sufficient funds in the inmate’s trust account to pay for the costs of necessary supplies, photocopies and mailing services at the time of the request will be provided necessary supplies, photocopies, and mailing services notwithstanding the inmate’s indigent status in accordance with these rules. (b) A General Legal User with an imminent Court Deadline who can demonstrate the inability to acquire funds or purchase necessary supplies or mailing services within the court deadline will be provided necessary supplies, photocopies and mailing services notwithstanding the inmate’s indigent status in accordance with these rules (2) A General Legal User without sufficient funds in the inmate’s trust account to pay for the costs of necessary supplies, photocopies, and mailing services at the time of the request will not be provided necessary supplies, photocopies, and mailing services notwithstanding the inmate’s indigent status in accordance with these rules. (3) Costs for any supplies, photocopies, and mailing services provided to indigent inmates will be charged to the requesting inmate’s trust account and collected as funds become available in accordance with the department’s rules on Trust Accounts (Inmate) (OAR 291-158). (4) If the library coordinator or other supervising staff have questions about the inmate’s eligibility for indigent supplies, photocopies, or mailing services the inmate is responsible for providing staff with sufficient information to verify the inmate’s eligibility. (5) Under these rules, sufficient envelopes and postage will be provided to mail out the original legal documents for filing with the court or paroling authority and for mailing out any required service copies. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2017, f. 8-23-17, cert. ef. 9-1-17
291-141-0005 Authority, Purpose and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish uniform guidelines for the operation of general libraries and the provision for general library services in each Department of Corrections facility. (3) Policy: It is the policy of the Department of Corrections to maintain institution general libraries for the literary enrichment of adults in custody. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 41-1981, f. & ef. 10-30-81 CD 22-1981(Temp), f. & ef. 6-30-81 CD 34-1978, f. & ef. 11-3-78
291-141-0010 Definitions (1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status. (2) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (3) General Library: A collection of books and other materials, not including Law Library books or materials. (4) Library Clerk: An adult in custody assigned to work in a Department of Corrections facility library. (5) Library Coordinator: A department employee assigned to provide general and law library services to adults in custody in a Department of Corrections facility. (6) Special Housing: Adult in custody housing assignments other than general population, including but not limited to, disciplinary segregation unit, administrative segregation, intensive management unit, mental health infirmary, behavioral health unit, intermediate care housing, and infirmary. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 41-1981, f. & ef. 10-30-81 CD 22-1981(Temp), f. & ef. 6-30-81 CD 34-1978, f. & ef. 11-3-78
291-141-0015 Services (1) Information regarding general library services will be a part of the adult in custody's orientation to the Department of Corrections facility. (2) Each Department of Corrections facility with a library coordinator shall provide adult in custody library services. Those facilities without a library coordinator shall provide a level and variety of general reading material. (3) Books and materials acquired from inter‑library loan shall be subject to the procedures governing facility library books and materials unless the lending libraries have specific requirements. (4) Library Coordinator Duties: The library coordinator or other employee assigned to the general library shall: (a) Maintain a comprehensive variety of books and materials to reflect the varying interests, reading abilities, languages, and needs of adults in custody and will update the books and materials through donations and planned acquisition. (b) Acquire books and reading materials that complement the facilities education and treatment programs. (c) Accept or decline donations of material using the same criteria as described in this rule. (d) Coordinate and supervise general library services, including assisting adults in custody to obtain information and reference services either from that general library's own collection or from the Oregon State Library according to procedures established by the Oregon State Library for that purpose. (e) Select, train, and supervise adults in custody as library clerks. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 34-1978, f. & ef. 11-3-78
291-141-0020 Schedule (1) At facilities with a general library that allows in-person library book and material check out, a schedule of general library hours will be posted in areas convenient for adult in custody observation and notification. (2) This schedule will afford adults in custody the opportunity to use the general library in accordance with available space and supervision. (3) Adults in custody in special housing will be provided general library services in accordance with the department’s rules on Segregation (Disciplinary) (OAR 291-011) and Intensive Management Unit (OAR 291-055). Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 34-1978, f. & ef. 11-3-78
291-141-0035 Returned, Overdue, Lost, and Damaged Library Books and Materials (1) When transferring to another Department of Corrections facility, adults in custody shall make every effort to leave all general library books and materials at their originating facility. If an adult in custody inadvertently transfers to another correctional facility with any general library book or material, they shall immediately turn the item into the general library at the facility to which they have been transferred. (2) General Library Books and Materials: (a) Adults in custody who lose, damage, or fail to return general library books or materials may receive a conduct order for a cell-in. General library books or materials will be considered overdue if not returned within two weeks of due date. After three overdue notices the item will be considered lost, and a conduct order can be issued for the lost or damaged general library books or materials process outlined above. The adult in custody’s conduct history will be used to determine the length of cell-in. (A) 1st time – Up to 24 Hours (B) 2nd time – Up to 48 hours (C) 3rd time – Up to 72 hours (b) If an adult in custody has already received three conduct orders for losing, damaging, or failing to return a general library book or material, a misconduct report may be written. The offense on the misconduct report will be consistent with the criteria established in 1.06 Property II (Minor). (3) Damage to or defects in general library books and materials shall be documented on the item before it is re‑issued. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 34-1978, f. & ef. 11-3-78
291-141-0040 Legal Library Services Legal library services to adults in custody residing in Department of Corrections facilities will be provided in accordance with the department’s rules on Legal Affairs (AIC) (OAR 291-139). Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 34-1978, f. & ef. 11-3-78
291-141-0045 General (1) All general library books and materials entering Department of Corrections facilities and made available to adults in custody shall conform to the department’s standards for mail in OAR 291-131. (2) The following information will be included in the general library services handout at the adult in custody’s orientation to the Department of Corrections facility: (a) Days and times when the general library is open for use, depending on available space and supervision; (b) The process for checking out, renewing, and returning books and materials; (c) The maximum number of five general library books and materials that may be checked out from the general library at any given time; and (d) The length of time books and materials may be kept before it is considered overdue. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 18-2025, amend filed 10/07/2025, effective 10/07/2025 CD 2-1995, f. & cert. ef. 1-18-95 CD 49-1986, f. & ef. 11-20-86 CD 60-1985, f. & ef. 8-16-85 CD 34-1978, f. & ef. 11-3-78
291-143-0005 Authority, Purpose, and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: To establish department policy and procedures regarding inmate religious exercise and activities, and religious programming in Department of Corrections facilities. (3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health and order, the department intends to: (a) Offer inmates the opportunity to exercise their religion and integrate their religious faith into their life experience during their incarceration from intake through release and re-entry into the community; (b) Provide for the orderly management and supervision of inmate religious activities through the use of chaplains, approved volunteers, and other department staff; (c) Seek methods to encourage and foster understanding and respect for the diversity of religious beliefs and practices of Department of Corrections inmates, volunteers, and staff; and (d) Ensure that departmental practices with regard to religious programming are consistent with relevant provisions of the state and federal constitutions, statutes, and regulations. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 16-2017, amend filed 11/01/2017, effective 11/01/2017 CD 17-1995, f. 8-30-95, cert. ef. 9-11-95 CD 19-1992, f. 8-12-92, cert. ef. 8-20-92 CD 2-1987, f. & ef. 1-5-87 CD 20-1985, f. & ef. 8-2-85 CD 47-1981, f. & ef. 10-30-81 CD 19-1981(Temp), f. & ef. 6-30-81 CD 28-1978, f. 9-13-78, ef. 9-15-78