justicedao/ipfs_state_laws huggingface dataset:
291-203-0030 Temporary rule language in effect until 06/07/2026. Requirements for Obtaining Financial Information (1) The department may require the adult in custody and/or the adult in custody’s representative to submit financial information on forms provided by the department. (2) The department may obtain financial information regarding the adult in custody from other sources the department considers reliable. These sources may include, but are not limited to, the Social Security and Veterans Administration, Oregon Department of Revenue, and other State of Oregon agencies. Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 11-2003, f. & cert. ef. 8-6-03 DOC 2-2003(Temp), f. & cert. ef. 2-7-03 thru 8-6-03
291-203-0040 Temporary rule language in effect until 06/07/2026. Ability to Pay Order (1) An adult in custody and the personal estate of an adult in custody, or a decedent’s estate, is liable for the full cost of care as established in ORS 179.701. The Department may collect charges in advance for adults in custody with determinate sentences. (2) The Department may make a determination of the adult in custody’s ability to pay which is set forth in the Ability to Pay Order. The two types of Ability to Pay Orders are: determination of charges and a modification of charges. Each order shall be given one of these titles to identify the type of determination it sets forth, based on the factors and criteria described in the following sections. (3) The adult in custody’s ability to pay will be investigated and an Ability to Pay Order may be issued when the Department is aware of an adult in custody or the adult in custody’s representative with cash assets or liquid reserves in excess of the current biennial cost of care or $55,000 whichever is greater. This Ability to Pay threshold is applicable only to the determination of who will be reviewed for an Ability to Pay Order. (ORS 179.640(1)(b). (4) The determination of the ability to pay may be assessed at intake or any time during the adult in custody’s sentence, based on notification by sources the Department considers reliable. These sources include, but are not limited to, the District Attorney’s Office, the Social Security and Veterans Administration, Oregon Department of Revenue, State of Oregon agencies, or any other sources the Department deems credible. (5) When determining an adult in custody’s ability to pay, in addition to other relevant factors, the Department will consider the adult in custody’s personal estate, the adult in custody’s need for funds for personal support after release, and the availability of third-party benefits such as, but not limited to, Medicare or private insurance. Statutory/Other Authority: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 19-2009, f. 11-10-09 cert. ef. 11-11-09 DOC 5-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09 DOC 11-2003, f. & cert. ef. 8-6-03
291-203-0060 Temporary rule language in effect until 06/07/2026. Modification of Charges A modification of charges sets forth, in a new Ability to Pay Order, a change to the adult in custody’s charges established by a prior Ability to Pay Order. When issuing a modification to charges, the department will consider the same factors as described in OAR 291-203-050. A modification to charges may be made to reflect: (1) A change in the adult in custody’s financial circumstances that affects the adult in custody’s ability to pay ongoing monthly charges; or (2) A reduction in the cost of care amount due to a change in the previously scheduled release date. Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 – 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 11-2003, f. & cert. ef. 8-6-03
291-203-0070 Temporary rule language in effect until 06/07/2026. Notice of Ability to Pay The department shall provide actual notice to the adult in custody and any authorized representative, where known, of the adult in custody’s ability to pay. (1) The notice shall include the adult in custody’s full liability, a description of the person’s appeal rights under a contested case hearing, the date those rights terminate, and the address where a request for hearing may be mailed or delivered. (2) If the adult in custody has an authorized representative, the original Ability to Pay Order shall be delivered to the representative, and a copy shall be delivered to the adult in custody. Any Ability to Pay Order delivered to an authorized representative shall include an explanation of the department’s right to demand payment of the charges assessed by the order, and the consequences to the authorized representative of failing to comply, as provided by ORS 179.653(3). Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 – 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 11-2003, f. & cert. ef. 8-6-03
291-203-0080 Temporary rule language in effect until 06/07/2026. Waiver of Collection Action The department may issue a waiver to the collection of all or part of an adult in custody’s unpaid charges based upon the best interest of the adult in custody or the department. Charges may be reassessed at a later time by a new Ability to Pay Order if the basis for waiver under this section ceases to exist. Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 - 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 11-2003, f. & cert. ef. 8-6-03
291-203-0090 Temporary rule language in effect until 06/07/2026. Hearing/Appeal Rights, Effect of Final Order (1) If an adult in custody or the adult in custody’s authorized representative disagrees with any Ability-to-Pay Order issued by the department, the adult in custody or the adult in custody’s authorized representative may request a contested case hearing. The request must be postmarked within 60 days from the date of the mailing of the Ability-to-Pay Order. (2) If the adult in custody or the adult in custody’s authorized representative makes a timely request for a contested case hearing, the hearing and any appeal of the final hearing order shall be governed by ORS 183.413 to 183.497. If the adult in custody or the adult in custody’s authorized representative fails to make a timely request for a contested case hearing, the Ability-to-Pay Order shall be final and not subject to judicial review, except as subsequently modified by the department as provided in 179.640(5). (3) On appeal, regardless of other information presented, payment of the full cost of care may be ordered if the adult in custody or the adult in custody’s authorized representative refuses to produce financial information that the hearings officer determines is relevant and must be produced. (4) Effect of Order on Authorized Representatives: (a) An authorized representative who has not had an opportunity to request a contested case hearing, either because the authorized representative was not appointed at the time of the Ability-to-Pay Order became final, or was not given notice of the Ability-to-Pay Order as required by ORS 179.640(4), shall not be bound by the department’s order. To bind the authorized representative, the department must reissue the Ability-to-Pay Order and provide notice to the authorized representative as required by 179.640(4). (b) The authorized representative shall have the same appeal rights as if the order had originally been issued to the authorized representative. (c) After the order becomes final, the authorized representative shall be bound by the order as provided in ORS 179.653. (d) The department will not issue an execution of a lien or foreclose against property held by or in the control of the authorized representative until the authorized representative is bound by the department’s order as provided in ORS 179.653. Statutory/Other Authority: ORS 179.040, 179.640, 179.770, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 179.610 – 179.770, 423.020, 423.030 & 423.075 History: DOC 22-2025, temporary amend filed 12/10/2025, effective 12/10/2025 through 06/07/2026 DOC 11-2003, f. & cert. ef. 8-6-03
291-204-0010 Authority, Purpose, and Policy (1) The authority for these rules is granted to the Director of the Oregon Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: This purpose of these rules is to establish Department policies and procedures governing access by media representatives to Department of Corrections facilities, programs, staff and inmates. (3) Policy: (a) The Department acknowledges the public’s concern and interest in the Department’s public safety role. (b) In recognition of the media’s role in reporting matters of public interest, and within the inherent limitations of resources and the need for facility security, safety and inmate rehabilitation, it is the policy of the Department to permit and facilitate access by media representatives to Department facilities, programs, inmates and staff for the purposes stated above. (c) Interviews with designated Department inmates may be permitted with their consent. When authorized, an interview with a designated inmate is permitted neither as a matter of right nor as a privilege of the inmate or the media; rather, an interview may be approved when it is consistent with the Department’s mission and goals and the safe, secure and orderly management and operation of the facility, and is not inconsistent with the inmate’s correctional planning and rehabilitation. (d) There are inherent risks associated with entering a prison. Consequently, media representatives enter Department of Corrections facilities at their own risk, and are required to comply with all security and control measures of the facility and the directions of Department staff. 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 8-2006, f. & cert. ef. 8-1-06
291-204-0030 General Provisions Governing Media Access (1) Media Access to Facilities and Programs: Consistent with the Department’s policy, media representatives are encouraged to visit and tour facilities and programs for the purpose of professional enhancement, observation and reporting. (2) Media Access to Designated Inmates: Media representatives who desire contact with a designated inmate may seek to do so through correspondence, telephone or visiting. Media representatives may request a special visit to interview the inmate consistent with the provisions set forth in Media Access to Designated Inmates (OAR 291-204-0060). (3) Media Access to Staff: Media representatives who desire access to a DOC facility to interview a staff member will generally be accommodated if the staff member and the functional unit manager consent. (4) Media Access in the Event of an Emergency: Media may be restricted from access to facilities for security purposes, during emergencies or when access would be a disruption of operational activities. In accordance with the Department’s rules on Release of Public Information (OAR 291-039), the Department may designate a news media center. (5) Media Coverage of Executions: Media access to DOC facilities and staff in connection with media coverage of an execution is set forth in the Department’s rules on Capital Punishment (Death by Lethal Injection) (OAR 291-024). (6) Media Coverage to Board of Parole and Post-Prison Supervision Hearings: Media access to Board hearings is set forth in the Department’s rules on Access to Board of Parole and Post-Prison Supervision Hearings (OAR 291-153) and the Board’s rule on Who May Appear at a Board of Parole and Post-Prison Supervision Hearing (OAR 255-030-0026). (7) Media Access Regarding Matters that are the Subject of Pending or Anticipated Litigation: Media access for the purpose of reporting about matters that are the subject of pending or anticipated litigation is not permitted, except under OAR 291-204-0040. (8) The Department has a responsibility to: (a) Provide accurate and timely answers to questions that may be raised during a tour or a visit; (b) Understand the deadline pressures of the media; (c) Be accommodating and cooperative; and (d) Inform media representatives of facility access safety and security procedures to ensure that visits proceed smoothly. (9) When appropriate, the PIO may make available to the media representative(s) a staff member knowledgeable on the subject matter at hand who can provide additional background information. (10) Upon request, the PIO will identify an appropriate inmate(s) to be interviewed if the interview is consistent with the provisions of these rules. (11) Notwithstanding these provisions, the Department may initiate contact and provide access to media representatives or unaffiliated persons to report on its activities that further its mission, goals and the Oregon Accountability Model. 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 8-2006, f. & cert. ef. 8-1-06
291-204-0040 Writing, Telephoning and Visiting an Inmate (1) Media representatives may contact an inmate by mail. All mail must comply with the Department’s rules on Mail (Inmate) (OAR 291-131). (2) Inmates may request that media representatives be placed on their personal call list. Phone calls may be collect. All phone calls must comply with the Department’s rules on Telephones (Inmate) (OAR 291-130). (3) Inmates may request that media representatives be placed on their approved visiting list. Visits must comply with the Department’s rules on Visiting (Inmate) (OAR 291-127). 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 8-2006, f. & cert. ef. 8-1-06
291-204-0070 Tools of the Trade (1) Media representatives granted access to a DOC facility generally will be permitted to use “tools of the trade” with the exception of privileged and basic visiting. However, the Department may limit the number and type of tools of the trade that media representatives may bring into a facility to make still and video pictures and audio recordings. (a) All approved equipment will be searched and inventoried prior to accessing the facility. Inventories of all media equipment taken into a facility will be completed prior to access. (b) Notebooks and writing implements will be allowed. They may be provided by the facility. (2) Use of Electronic Communication Devices: Media representatives will not be allowed to bring into a DOC correctional facility a cell phone, pager, personal data assistant or other electronic communication device. 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 8-2006, f. & cert. ef. 8-1-06
291-204-0080 Access by Unaffiliated Persons (1) Unaffiliated persons may request a tour of a facility in accordance with the Department’s rules on Tours (OAR 291-009). (2) Requests to interview designated inmates made by unaffiliated persons will not be permitted. Unaffiliated persons may contact an inmate by mail, receive telephone calls from an inmate, or be placed on the inmate’s visiting list as provided in Writing, Telephoning and Visiting an Inmate (OAR 291-204-0040). (3) In extraordinary circumstances the Department may, in its sole discretion, grant unaffiliated persons access to DOC facilities and programs for a specific project when, in the judgment of the Department, the requested access will substantially further the interests of the State of Oregon or the Department’s mission and goals; is consistent with the safe, secure and orderly management and operation of the facility; and is not inconsistent with inmates’ correctional planning and rehabilitation. 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 8-2006, f. & cert. ef. 8-1-06
291-205-0030 Victim Services Advisory Committee (1) The Victim Services Advisory Committee will operate under the direction of the department’s designee. (2) The Victim Services Advisory Committee will advise and assist the department’s designee with the recruitment, training, supervision and evaluation of Facilitated Dialogue Program facilitators; the development and the administration of the Facilitated Dialogue Program; the gathering of support and resources for the Facilitated Dialogue Program and the Responsibility Letter Bank Program; and other elements of the Victim Services Programs. (3) The Victim Services Advisory Committee will also provide comment to the department’s designee regarding the department’s administrative rules governing the Facilitated Dialogue Program, the Responsibility Letter Bank Program. Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 1-2016, f. & cert. ef. 1-21-16 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08
291-205-0060 Crime Victim or Survivor and their Support Persons Participation in a Facilitated Dialogue (1) A crime victim or survivor who wishes to participate in the Facilitated Dialogue Program must: (a) Act in “good faith” during the facilitated dialogue, this means that participants will be honest with and respectful of one another and the guidelines of the program. Participants will accept and follow the program facilitators’ direction over the course of the process. (b) Refrain from engaging in inappropriate personal relationships that go beyond the focus area or the purpose and function of the facilitated dialogue with the participants or facilitators. Any conflict of interests with participants and program facilitators that may exist or develop over the course of the dialogue process will be reported the Victim Services Program Cordinator. (2) The Facilitated Dialogue Program encourages, but does not require that a crime victim or survivor participating in a facilitated dialogue process choose a support person. All support persons chosen by the crime victim or survivor shall disclose to the program the nature of the support person’s relationship to the crime victim or survivor, and to the inmate, if any. (3) Facilitated dialogues take place inside Department of Corrections facilities. Consequently, the crime victim or survivor and support person are and remain subject to all applicable department rules and facility procedures pertaining to the public and visitors in Department of Corrections facilities, while participating in a facilitated dialogue, including but not limited to Mail (Inmate) (OAR 291-131), Visiting (291-127), Facility Access (291-016), and these rules (OAR 291-205). Statutory/Other Authority: 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 28-2018, minor correction filed 11/14/2018, effective 11/14/2018 DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08
291-205-0070 Inmate and their Support Persons Participation in a Facilitated Dialogue (1) An inmate who wishes to participate in a facilitated dialogue must: (a) Consent to a psychiatric/mental health assessment for the purpose of evaluating their suitability to participate in a facilitated dialogue with the crime victim or survivor; (b) Acknowledge guilt and take responsibility for his or her crime, and be willing to respond to the crime victim’s or survivor’s needs to the satisfaction of the program staff and facilitators; (c) Act in “good faith” during the facilitated dialogue and accept and follow the facilitators’ direction over the course of the facilitated dialogue; and (d) Refrain from engaging in inappropriate personal relationships with the participants or facilitators of a facilitated dialogue. (2) Facilitated dialogues take place inside the Department of Corrections facilities. Consequently, the inmates and support persons are and remain subject to all applicable department rules and facility procedures pertaining to the public and visitors in Department of Corrections facilities, while participating in the Facilitated Dialogue Program including but not limited to Mail (inmate) (OAR 291-137), Visiting (291-127), Facility Access (291-016), and these rules (OAR 291-205). (3) If an inmate is found in violation of any official misconduct during a facilitated dialogue, the department’s designee, after consultation with the Victim Services Program Coordinator and the Victim Services Advisory Committee, may decide that the facilitated dialogue should be suspended for a time or terminated. (4) An inmate’s participation in the Facilitated Dialogue Program will not affect the inmate’s sentence or status within the correctional facility. (a) Participation in the Facilitated Dialogue Program will not be assigned or evaluated as part of the inmate’s Oregon Corrections Plan for purposes of the Performance Recognition and Awards System (OAR 291-077) or application of any earned time credits or extra good time credits (OAR 291-097). (b) Inmates will not receive any benefit because of their participation in the Facilitated Dialogue Program other than any benefits that are inherent to their participation. (5) The Facilitated Dialogue Program encourages, but does not require, that an inmate participating in a facilitated dialogue choose a support person. All support persons chosen by the inmate must be DOC staff or volunteers and will be required to disclose to the program the nature of the support person’s relationship to the inmate, if any. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: 179.040, 423.020, 423.030 & 423.075 History: DOC 32-2018, minor correction filed 11/14/2018, effective 11/14/2018 DOC 8-2018, amend filed 05/15/2018, effective 05/15/2018 DOC 19-2017, temporary amend filed 11/20/2017, effective 11/20/2017 through 05/18/2018 DOC 26-2008, f. & cert. ef. 10-6-08 DOC 12-2008(Temp). f. & cert. ef. 5-15-08 thru 11-10-08