justicedao/ipfs_state_laws huggingface dataset:
291-156-0015 Adult in Custody Welfare Fund Sources DOC revenue, less operating expenses, from the following sources shall be deposited into the Adult in Custody Welfare Fund account: (1) Operation of DOC canteens; (2) Operation of the vending machines in the visiting area of correctional facilities; (3) Operation of telephones for AICs in correctional facilities; (4) Funds confiscated from AICs under existing disciplinary procedures; (5) Donated funds as defined in these rules. Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 History: DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023 CD 4-1994, f. 2-17-94, cert. ef. 3-1-94 CD 19-1990, f. & cert. ef. 9-28-90
291-156-0020 Specific Uses of Funds The department may use Adult in Custody Welfare Fund monies to fund a variety of programs, services, and activities. Specific uses of the fund may include, but are not limited to, operation, support, or enhancement of the following programs, services, and activities: (1) Education programs; (2) Alcohol and drug treatment and education programs; (3) Provision of postage-paid envelopes for AICs that qualify in accordance with the department’s rule on Mail (AIC) (OAR 291-131); (4) Provision of nonprescription, over-the-counter health aids made available for AIC use in housing units in DOC facilities; (5) DOC facility libraries designated for AIC use; (6) DOC facility visiting room equipment, services, and supplies; and (7) AIC activities programs, including: (a) Equipment, supplies, and services for entertainment including television viewing, music, activities, and performances; (b) Visiting music or entertainment groups; (c) Repair of equipment purchased from the Adult in Custody Welfare Fund; (d) Food or supplies for special occasions; (e) AIC awards for the purpose of providing umpires, referees, and maintaining activity equipment and apparel; (f) AIC tournaments and holiday events; and (g) AIC club activities. Statutory/Other Authority: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.510-530, 421.068, 423.020, 423.030 & 423.075 History: DOC 13-2023, amend filed 09/29/2023, effective 09/29/2023 CD 4-1994, f. 2-17-94, cert. ef. 3-1-94
291-157-0005 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, 423.075, and 423.105. (2) Purpose: To ensure adults in custody have access to basic financial support for and upon release. (3) Policy: It is the policy of the Department of Corrections to establish a program to provide releasing adults in custody with financial assistance to meet minimum release needs, in accordance with the requirements set by ORS 421.125(2)(b), and within funds appropriated for this purpose. Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 History: DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025 DOC 5-2010, f. & cert. ef. 4-6-10 DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10 CD 14-1994, f. 7-19-94, cert.ef. 8-1-94 CD 20-1988, f. & cert. ef. 11-18-88 CD 28-1986, f. & ef. 8-20-86 CD 19-1986(Temp), f. 6-30-86, ef. 8-15-86 CD 62-1985, f. & ef. 8-16-85 CD 5-1985(Temp), f. & ef. 6-17-85 CD 5-1984, f. & ef. 4-9-84 CD 42-1983(Temp), f. & ef. 10-14-83 CD 20-1983, f. & ef. 5-2-83 CD 32-1981, f. & ef. 6-30-81 CD 14-1981(Temp), f. & ef. 5-20-81 CD 21-1979, f. & ef. 11-29-79 CD 17-1979(Temp), f. & ef. 8-30-79
291-157-0010 Definitions (1) Adult in Custody: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (2) Adult in Custody Trust Account: An account established and maintained in trust by the Department of Corrections for the deposit and safeguarding of monies that are the property of an adult in custody or associated on behalf of an adult in custody by their state identification number (SID). (3) Discharge: Any lawful release from a state correctional institution pursuant to the expiration of a judicial sentence or other incarcerative sanction. (4) Releasee: Any person released from the physical custody of the Department of Corrections to the community on leave, parole, post-prison supervision, or discharge status. (5) Release Funds: Financial assistance allocated to a releasee by the Department of Corrections for the purpose of purchasing essential goods or services related to release needs. (6) Release Services Manager: A Department of Corrections employee designated to supervise release processes and release services employees. (7) Trust Account Funds: Monies deposited to an adult in custody’s trust account which may be used by the adult in custody to purchase authorized items or services during the adult in custody’s term of incarceration or be assessed by the functional unit to pay any debts incurred while under supervision of the Department of Corrections. Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 History: DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025 DOC 5-2010, f. & cert. ef. 4-6-10 DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10 DOC 7-1998, f. 3-26-98, cert. ef. 4-1-98 CD 14-1994, f. 7-19-94, cert.ef. 8-1-94 CD 20-1988, f. & cert. ef. 11-18-88 CD 28-1986, f. & ef. 8-20-86 CD 19-1986(Temp), f. 6-30-86, ef. 8-15-86 CD 62-1985, f. & ef. 8-16-85 CD 5-1985(Temp), f. & ef. 6-17-85 CD 5-1984, f. & ef. 4-9-84 CD 42-1983(Temp), f. & ef. 10-14-83 CD 20-1983, f. & ef. 5-2-83 CD 32-1981, f. & ef. 6-30-81 CD 14-1981(Temp), f. & ef. 5-20-81 CD 21-1979, f. & ef. 11-29-79 CD 17-1979(Temp), f. & ef. 8-30-79
291-157-0015 Procedures (1) Notice to Adults in Custody: During the term of incarceration, each adult in custody is responsible for accumulating funds in anticipation of parole, post-prison supervision, or discharge. All monies received in the trust account during the term of incarceration will be calculated by Department of Corrections Central Trust, including any funds accumulated in a transition fund as provided in ORS 423.105, and the total amount may be the basis for approval or denial of release funds in accordance with ORS 421.125. (2) Administration: The Assistant Director for Correctional Services or designee is responsible for the administration of the release funds program. Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 History: DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025 DOC 5-2010, f. & cert. ef. 4-6-10 DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10 DOC 7-1998, f. 3-26-98, cert. ef. 4-1-98 CD 14-1994, f. 7-19-94, cert.ef. 8-1-94 CD 20-1988, f. & cert. ef. 11-18-88 CD 28-1986, f. & ef. 8-20-86 CD 19-1986(Temp), f. 6-30-86, ef. 8-15-86 CD 62-1985, f. & ef. 8-16-85 CD 5-1985(Temp), f. & ef. 6-17-85 CD 5-1984, f. & ef. 4-9-84 CD 42-1983(Temp), f. & ef. 10-14-83 CD 20-1983, f. & ef. 5-2-83 CD 32-1981, f. & ef. 6-30-81 CD 14-1981(Temp), f. & ef. 5-20-81 CD 21-1979, f. & ef. 11-29-79 CD 17-1979(Temp), f. & ef. 8-30-79
291-157-0021 Distribution and Processing of Release Funds (1) An adult in custody’s trust account will be calculated by Central Trust. (2) A Release Services Manager will: (a) Determine whether the adult in custody needs release funds to meet minimum release needs, in accordance with the requirements set by ORS 421.125(2)(b), and the amount of the release funds needed based on the calculated balance of the adult in custody’s trust account, the availability of funds being appropriated for this purpose, and any special considerations as approved by the Release Services Manager; and (b) Will notify Central Trust of the need for release funds for the releasing adult in custody . (3) Upon approval of the release funds, Central Trust will provide the release funds to the adult in custody. Statutory/Other Authority: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 Statutes/Other Implemented: ORS 179.040, 421.125, 423.020, 423.030, 423.075 & 423.105 History: DOC 11-2025, amend filed 07/03/2025, effective 07/03/2025 DOC 5-2010, f. & cert. ef. 4-6-10 DOC 20-2009(Temp), f. & cert. ef. 11-13-09 thru 5-12-10
291-158-0005 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 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 179.510 to 179.530, 421.125, 423.020, 423.030, 423.075, and ORS 423.105. (2) Purpose: The purpose of these rules is to establish Department of Corrections policies and procedures for the establishment and administration of inmate trust accounts, and safeguarding inmate funds used for authorized expenditures, and assessments during incarceration or in anticipation of release. (3) Policy: (a) It is the policy of the Department of Corrections to restrict the use of inmate funds for authorized purposes. The Department will control and safeguard inmate funds utilizing accepted accounting procedures. Moneys received not in accordance with these rules will be considered contraband and placed in the Inmate Welfare Fund. Every person who is charged with processing inmate money or trust funds shall follow these rules. (b) It is the policy of the Department of Corrections to assess an inmate’s account, as directed by statute or rule, for court-ordered costs and fees in judicial review proceedings, in habeas corpus and post-conviction cases, in tort actions against a public body, and in other proceedings as authorized or required by law. The department intends that its rules authorizing assessments against an inmate’s account for these purposes apply retroactively to assessments made by the Department prior to, on, and after the effective date of these rules. Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 423.105 Statutes/Other Implemented: 423.075, ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020 & 423.030 History: DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019 DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018 DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08 DOC 16-2008(Temp), f. & cert. ef. 7-1-08 thru 12-26-08 CD 1-1993, f. 1-25-93, cert. ef. 1-28-93 CD 9-1991, f. & cert. ef. 4-3-91 CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90 CD 63-1985, f. & ef. 8-16-85 CD 6-1985(Temp), f. & ef. 6-17-85
291-158-0025 Designated Funds (1) An inmate may receive and expend funds designated for a specific purpose only as authorized by the functional unit manager or designee. No designated funds may be received or expended by an inmate unless the sender provides a verifiable name and address. (2) The functional unit manager or designee may authorize an inmate’s receipt and expenditure of designated funds for optical, medical or dental services, or emergency trips, education programs, education-related expenses, religious items, or other areas designated by the Department of Corrections policies, irrespective of whether the inmate’s trust account is indebted. (3) The functional unit manager or designee may authorize an inmate’s receipt and expenditure of designated funds for other approved purposes only if the inmate’s trust account is not indebted. (4) If an inmate has unused designated funds in excess of $10, the funds shall be returned to the sender. Unused designated funds in an amount of $10 or less becomes an eligible deposit to the inmate’s general spending trust account. Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075 History: DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019 DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018 DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08 CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(7) CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92 CD 24-1991, f. & cert. ef. 10-8-91 CD 10-1991(Temp), f. & cert. ef. 4-22-91 CD 9-1991, f. & cert. ef. 4-3-91 CD 24-1990(Temp), f. & cert. ef. 11-2-90 CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90 CD 63-1985, f. & cert. ef. 8-16-85 CD 6-1985(Temp), f. & cert. ef. 6-17-85
291-158-0035 Interest Accruals Any interest accrued on funds in an inmate’s protected money’s reserve account will be credited into that account on a monthly basis. Interest accrued on funds in any other account or subaccount will be credited monthly into the general spending trust account. Inmates may request, in writing, the exclusion of interest on their trust account. Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030, 423.075 & 179.510 Statutes/Other Implemented: 423.020, ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.030 & 423.075 History: DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019 DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018 DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08 CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(8) CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92 CD 24-1991, f. & cert. ef. 10-8-91 CD 10-1991(Temp), f. & cert. ef. 4-22-91 CD 9-1991, f. & cert. ef. 4-3-91 CD 24-1990(Temp), f. & cert. ef. 11-2-90 CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90 CD 63-1985, f. & cert. ef. 8-16-85 CD 6-1985(Temp), f. & cert. ef. 6-17-85
291-158-0051 Unauthorized Receipts (1) Money items in the form of cash or personal checks shall not be credited to an inmate’s trust account. (a) Cash received in the mail by Central Trust shall be confiscated and deposited in the Inmate Welfare Fund. If enough information is provided, a notice of the confiscation shall be provided to the sender and a copy of the notice shall be provided to the intended inmate recipient. If the cash was concealed, the method of concealment will be documented. Only the sender may request an administrative review of confiscated cash. If an administrative review is requested and the Department determines that the sender did not conceal the cash, the money shall be returned to the sender. If the Department cannot determine the sender of the cash, it will remain in the Inmate Welfare Fund. (b) Personal checks shall be returned to the sender with the envelope and its contents, along with a Mail Violation Notice and explanation for the return of the items. (c) Any money item made payable jointly to the inmate and a second party will be returned to the sender. (2) Unidentifiable Funds: (a) Any remittance that is intended to be credited to an inmate’s trust account that lacks sufficient information for the Department to identify the inmate, or the sender, will be placed in an Administrative trust Account. The Administrative Trust Account will be reconciled on a quarterly basis. (b) If the sender is identifiable, and if the inmate is identifiable, Central Trust shall give written notice that a deposit was sent with insufficient information to be deposited into the inmate’s trust account. If sufficient information is not provided by the sender, the funds shall be placed in the Inmate Welfare Funds based on violating these rules. (c) If the sender is identifiable but the inmate is unidentifiable, Central Trust shall return the funds to the sender. If the funds are undeliverable and returned to Central Trust they will be considered contraband based on violating the trust rule and will be deposited in the unidentified deposit account. (d) Any unclaimed funds remaining in the unidentified deposit account for greater than 60 days shall be confiscated and deposited into the Inmate Welfare Fund. (e) If a sender wishes to claim funds that have been confiscated by Central Trust and can provide sufficient information according to this trust rule, they must do so within one calendar year from deposit date. Statutory/Other Authority: ORS 34.365, 30.643, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 34.365, 30.643, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075 History: DOC 11-2019, adopt filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019
291-158-0065 Indebted Funds (1) Collection of DOC Debt; (a) An inmate who has DOC debt may be permitted to spend one half of the first $80 (up to $40) of funds deposited into the inmate’s general spending trust account for authorized expenditures during that calendar month. (b) Any additional deposits received by the inmate into their general spending account during the calendar month shall be applied to the inmate’s debt until such indebtedness is satisfied. (c) Any unused funds remaining in an inmate’s general spending trust account that were not transferred from the protected reserve account at the end of the last business day of the calendar month shall be applied to the inmate’s indebtedness. Any changes to this scheduled date will be communicated by Central Trust. (d) Holiday Period: During a designated holiday period, the Assistant Director of Operations or Institution Administrator may allow a standard increase in the amount of funds an inmate may spend from their trust account designated for the purchase of authorized items. The standard increase and holiday period will be the same for all functional units and will not be collected to pay DOC debts during that period. Any unused funds remaining to an inmate’s trust account that were not transferred from the protected reserve account at the end of the designated period will be applied to the inmate’s indebtedness. (2) Collection of Non-DOC Debt: DOC will comply with applicable state and federal law in regards to collection of non-DOC debt that has been established or that DOC has been charged with collecting. Statutory/Other Authority: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 423.020, 423.030 & 423.075 History: DOC 11-2019, amend filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary amend filed 12/24/2018, effective 12/25/2018 through 06/22/2019 DOC 17-2018, temporary amend filed 06/27/2018, effective 06/29/2018 through 12/24/2018 DOC 32-2008, f. 12-24-08, cert. ef. 12-26-08 CD 1-1993, f. 1-25-93, cert. ef. 1-28-93, Renumbered from 291-158-0015(11) CD 16-1992(Temp), f. 7-31-92, cert. ef. 8-3-92 CD 24-1991, f. & cert. ef. 10-8-91 CD 10-1991(Temp), f. & cert. ef. 4-22-91 CD 9-1991, f. & cert. ef. 4-3-91 CD 24-1990(Temp), f. & cert. ef. 11-2-90 CD 20-1990(Temp), f. 9-28-90, cert. ef. 10-12-90 CD 63-1985, f. & cert. ef. 8-16-85 CD 6-1985(Temp), f. & cert. ef. 6-17-85
291-158-0071 Restitution (1) An inmate may be required to pay restitution to the Department as a result of the inmate’s misconduct in accordance with the Department’s rule on Prohibited Inmate Conduct (OAR 291-105). (2) An inmate may be required to pay restitution to an individual or other third party as determined by law. (3) Restitution payments may be ordered paid from the inmate's trust account, or from any other trust accounts over which the Department exercises control. (4) Moneys confiscated via the disciplinary process will be deposited in the Inmate Welfare Fund, unless otherwise directed by the hearings officer. Statutory/Other Authority: ORS 423.020, 423.030, 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 293.450, 421.125 & 423.075 Statutes/Other Implemented: ORS 423.020, 423.030, 30.643, 34.365, 34.370, 138.590, 144.335, 179.040, 293.450, 421.125 & 423.075 History: DOC 11-2019, adopt filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019
291-158-0081 Administrative Review (1) If an inmate is unable to resolve an issue regarding their account as stated in OAR 291-158-0015(6)(a), they may obtain an administrative review by writing to Central Trust on an Inmate Communication form (CD214). The request must state the specific reason(s) why the inmate believes any errors occurred with their account. Requests for administrative review must be received by Central Trust no later than 60 days from the statement issue date per OAR 291-158-0015 (6)(a) to be reviewable. (2) If an inmate submits a timely request for administrative review, Central Trust will review relevant records to determine whether any error occurred. After review, Central Trust will issue a final decision in writing within 30 days after receipt of the request for administrative review. A copy of the final decision letter shall be provided to the inmate. First appeal letters go to the Inmate Financial Services Administrator and second appeal letters go to the Chief Financial Officer. (3) Final decisions are not grievable. Statutory/Other Authority: ORS 423.020, 423.030, 423.075 & 179.040 Statutes/Other Implemented: ORS 423.020, 423.030, 423.075 & 179.040 History: DOC 11-2019, adopt filed 06/19/2019, effective 06/19/2019 DOC 35-2018, temporary adopt filed 12/24/2018, effective 12/25/2018 through 06/22/2019