291-130-0026 Monitoring, Termination and Blocking of Telephone and VIP Calls (1) All telephone calls and VIP calls are subject to monitoring and recording by the department except for legal telephone calls. (a) Directly above each group of monitored telephones, a sign shall be posted stating in English and Spanish, "Phone calls are subject to being monitored and recorded." (b) Directly above each VIP kiosk, a sign shall be posted stating in English and Spanish, “VIP calls are monitored and recorded.” (2) An inmate’s use of the inmate telephone system to engage in activity that is a violation of department rules, state, or federal law may result in disciplinary action and possible restriction of telephone services. (3) The department may block access to phone numbers used to commit a crime or violate department rules, including any attempt to place a three-way call or use any form of call forwarding. The owner of a telephone number that has been blocked for participation in a three-way call or call forwarding may request an administrative review by writing to the Inspector General. (4) An inmate’s telephone services may be suspended by the functional unit manager or his/her designee, in his/her sole discretion, when the functional unit manager or designee has reason to believe the inmate has used or may use inmate telephone services to: (a) Engage in activity that violates department rule, state or federal law; or (b) Engage in other activity that poses a threat or is detrimental to the security, safety, health, good order or discipline within a Department of Corrections facility, inmate rehabilitation, facilitates criminal activity, or jeopardizes the safety and welfare of any person. (c) The guidelines for suspension of VIP services for inmates and callers are found in Exhibit A. The functional unit manager or designee may consider mitigating or aggravating factors in administering a less or more severe sanction than indicated in the grid, including the issuance of a misconduct report for inmates. (d) If the activity is deemed to be a severe violation by the inmate of department rules, state, or federal law, disciplinary action will result; and the inmate will be held accountable in accordance with the provisions of the inmate disciplinary rules (OAR 291-105). (5) A “high alert” inmate under the management of the Security Threat Management Unit may have his/her telephone services or individual telephone calls suspended, restricted, or modified in accordance with OAR 291-069-0270, Management of High Alert Inmates. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 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: Renumbered from 291-130-0020, DOC 12-2015, f. & cert. ef. 8-31-15 DOC 25-2014(Temp), f. 12-30-14, cert. ef. 1-1-15 thru 6-29-15 DOC 18-2014(Temp), f. 7-7-14, cert. ef. 7-8-14 thru 12-31-14 DOC 2-2013, f. & cert. ef. 2-22-13 DOC 10-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13 DOC 2-2006, f. 3-10-06, cert. ef. 3-13-06 CD 8-1993, f. 3-10-93, cert. ef. 4-1-93, Renumbered from 291-130-0010(3) CD 5-1988, f. & cert. ef. 3-21-88