justicedao/ipfs_state_laws huggingface dataset:
291-117-0008 Definitions (1) Authorized Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other necessary documents (including discovery and exhibits), in or directly pertaining to an inmate's own pending and active case(s), lawsuit(s) before the courts or paroling authorities. (2) Contraband: Any article or thing which an inmate is prohibited by statute, rule or order from obtaining, possessing, creating, or which the inmate is not specifically authorized to obtain or possess or which the inmate alters without authorization. (3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (4) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations. (5) General Population Housing: Cell or dormitory housing for general population inmates whose assignment is not restricted or segregated for disciplinary or programming reasons. (6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. (7) Special Housing: Housing for inmates whose assignment is administrative segregation, disciplinary segregation, Special Management Unit, Infirmary, Intensive Management Unit, and Death Row. (8) Staff Chaplain: A person employed full-time or contracted by the Department of Corrections to provide religious services to inmates in Department of Corrections facilities. (9) State-Issued Property: Items that are issued to the inmate by the department for his/her personal use. Statutory/Other Authority: ORS 170.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 6-2004, f. & cert. ef. 7-19-04 CD 22-1992, f. & cert. ef. 10-9-92 CD 11-1992(Temp), f. 3-31-92, cert. ef. 4-15-92 CD 14-1987, f. & ef. 2-6-87
291-117-0070 Inmate Property (General) (1) Each Department of Corrections facility shall have a specific location(s) where inmate property may be securely stored when not in the possession of the inmate and where property records are maintained. (2) Property Limit: Inmate property shall not exceed the capacity of storage space located in the inmate’s assigned housing area and designated by the functional unit manager/designee for the storage of inmate personal property. Designated storage space includes, but is not limited to, drawers, storage box(es), cabinet(s), shelf(ves), clothing hook(s), or under the bunk. Inmates shall be informed of the storage space capacity of the facility where they are assigned. (3) All inmate property shall be stored neatly in designated storage space(s) when not in use. (4) All unbound paper products shall be cleared from open areas when not in use, and placed in designated storage, except as authorized by the functional unit manager/designee. (5) Inmates are solely responsible for the care and safekeeping of their personal property while it is in their possession. (6) All personal property must be acquired through authorized means. (7) Property items offered as part of a non-cash incentive program will be handled in accordance with theses rules and the department’s rule on Performance Recognition and Award System (Inmate) (OAR 291-077). (8) Inmates are responsible for retaining canteen receipts for property purchased after the effective date of this rule. Receipts shall be retained as proof of purchase for as long as the property is in the inmate’s possession. (9) Inmates are required to retain authorization slips for property acquired though any other approved process after the effective date of this rule. Slips shall be retained as proof of authorization for as long as the property is in the inmate’s possession. 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 6-2004, f. & cert. ef. 7-19-04
291-117-0090 Authorized Inmate Property at Initial Intake (1) Each inmate received at intake shall possess only the following personal property items while awaiting assignment to an appropriate facility within the state system: (a) Medical prosthesis as approved by Health Services (includes prescription eyeglasses); (b) One plain smooth wedding band, without stones or protrusions (must be married to possess); and (c) Authorized legal material. (2) All property received will be inspected and inventoried. Unauthorized property or excess property will be handled in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140) (3) Money in the inmate’s possession shall be received and processed in accordance with the Department of Corrections rule on Trust Accounts (Inmate). 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 6-2004, f. & cert. ef. 7-19-04
291-117-0120 Control of Property (1) Property must be kept in authorized areas. Property in unauthorized areas shall be considered contraband and unauthorized property, and shall result in confiscation of the item and/or disciplinary action. (2) There shall be no pictures/drawings of nudity, genitalia, or depictions of sexual acts displayed in an inmate’s living quarters. (3) An inmate shall not alter or otherwise tamper with or use any personal property item for other than the item’s intended purpose. Unauthorized alteration or use of an authorized personal property item for other than its intended purpose may result in confiscation of the item and/or disciplinary action. (4) An inmate shall not give, receive, loan, sell, or otherwise exchange property with another inmate, except as authorized in OAR 291-117-0100 (Possession of Authorized Legal Material by Assigned Inmate Legal Assistants). (5) When an inmate is moved from general population to special housing, his/her personal property shall be inventoried, secured, and stored until such time that the inmate is released back to general population or transferred. Staff shall utilize the Personal Property Inventory List CD 611 (male inmate) and CD 306 (female inmate) for such purposes. (6) When an inmate is transported from the facility for court appearances, medical trip or other authorized trip for a period longer than 24 hours, his/her personal property shall be inventoried, secured, and stored until such time the inmate returns to the facility. Staff shall utilize the Personal Property Inventory List CD 611 (male inmate) or CD 306 (female inmate) for such purposes. (7) An inmate may arrange through designated staff to dispose of personal property at the inmate’s expense. Disposition may include arrangements for pick up at the facility by a designated individual, or donation to an organization, if authorized by the functional unit manager/designee. Any costs associated with disposition of the property will be the responsibility of the inmate. (8) Any inmate being released on parole, post-prison supervision, or expiration of sentence shall take all personal property with him/her at the time release. The inmate shall confirm in writing receipt of the property. (9) The department may dispose of property only within the context of these rules. Disposition of property may include destruction or donation of such property. 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 6-2004, f. & cert. ef. 7-19-04
291-117-0130 Limitations on Value/Liability/Inmate Personal Property Claims (1) No inmate may possess any single item of personal property that exceeds $100 in value, excluding one television, one approved musical instrument, one approved graphing calculator; and approved medical prosthesis. No inmate may possess personal property the aggregate value of which exceeds $1000, excluding approved medical prosthesis. When determining the aggregate value of inmate property, the inmate may be required to produce receipts or authorization slips for any item valued at $75 or greater. (2) Each inmate is responsible for his/her own authorized property. In permitting inmates to retain items of personal property while incarcerated, the Department of Corrections accepts no liability for the theft, loss, damage, or destruction of such property resulting from the intentional, willful, reckless or negligent act or activities of any inmate which exposes such property to loss, damage, theft or destruction. (3) An inmate’s authorized personal property that may have been lost, damaged, or destroyed because of operations of the department shall be reported by the inmate immediately upon discovery. Upon receiving an inmate’s report or grievance, the department shall conduct an investigation. Following completion of the investigation, the department may in its sole discretion, and without admission of liability, replace an inmate’s personal property that is lost, damaged or stolen while the inmate is incarcerated in a department facility, subject to the following limitations: (a) The department may replace an item with an identical or similar item when the value of the item that is lost, damaged or stolen may reasonably be determined by the department. (b) The department will not replace an inmate’s personal television or musical instrument. (4) Nothing in this rule is intended to preclude an inmate from seeking resolution to a personal property claim through the Oregon Tort Claims Act administered by the Oregon Department of Administrative Services Risk Management Division. 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 12-2006, f. 10-18-06, cert. ef. 11-1-06 DOC 6-2004, f. & cert. ef. 7-19-04
291-119-0005 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 147.275, 179.040, 421.095, 423.020, 423.030 and 423.075. (2) Purpose: To support and encourage inmate efforts to patent, copyright, publish, exhibit and sell products which are constructive and contribute positively to the quality of life. Other efforts by the inmate which involve profit from criminal activity will neither be supported nor encouraged. (3) Policy: In accordance with ORS 421.095, the Department of Corrections shall facilitate, if requested to do so, and in no way inhibit, if assistance is not requested, an inmate’s efforts to patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or composition(s) or any rights thereto. An inmate’s activities toward the development of an invention, manuscript, and/or composition will be controlled by other Department of Corrections rules or procedures governing the security and control of a Department of Corrections facility. No employee of the Department of Corrections may profit or benefit in any way from the development and/or the patenting, copyrighting, publishing, exhibiting, sale, or other disposition of an inmate’s invention(s), manuscript(s), and/or composition(s). Statutory/Other Authority: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075 History: CD 32-1993, f. 12-16-93, cert. ef. 1-3-94 CD 15-1987, f. & ef. 2-6-87 CD 54-1985, f. & ef. 8-16-85 CD 59-1981, f. & ef. 12-21-81 CD 21-1981(Temp), f. & ef. 6-30-81 CD 38-1978, f. & ef. 12-12-78
291-119-0010 Definitions “Inmate”: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075 History: CD 32-1993, f. 12-16-93, cert. ef. 1-3-94 CD 15-1987, f. & ef. 2-6-87 CD 54-1985, f. & ef. 8-16-85 CD 59-1981, f. & ef. 12-21-81 CD 21-1981(Temp), f. & ef. 6-30-81 CD 38-1978, f. & ef. 12-12-78
291-119-0015 Resources (1) Any inmate may patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or documents, providing the material utilized in its production is the property of the inmate. (2) Equipment, supplies, and other resources that are the property of the State of Oregon cannot be utilized in the production of items offered for sale or other disposition by the inmate, except as may be authorized by other Department of Corrections rule and/or procedure. (3) Before attempting to patent, copyright, publish, exhibit, sell, or otherwise dispose of an invention, manuscript, or composition, an inmate shall obtain a written statement from the functional unit manager or designee, that the item(s) to be so used or disposed of is, to the best knowledge and belief of the manager, the property of the inmate, and not of another person within the facility. Statutory/Other Authority: ORS 179, 421 & 423 Statutes/Other Implemented: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 History: CD 15-1987, f. & ef. 2-6-87 CD 54-1985, f. & ef. 8-16-85 CD 38-1978, f. & ef. 12-12-78
291-119-0020 Staff Assistance (1) Assistance from staff in a facility may be provided by the functional unit manager if the inmate requests. (2) Such assistance may include, but is not limited to: (a) The establishment of appropriate lines of communication with persons or agencies who may be of assistance to the inmate; (b) Attempting, when requested, to direct the inmate to such resource persons as he/she may require for specialized information; and/or (c) Arranging such meetings and workspace as may be required to facilitate these efforts, in accordance with such rules and procedures of the Department of Corrections as may apply. (3) All direct costs incurred through these efforts will be paid by the inmate involved. (4) Inmates are not required to seek assistance from the staff in patenting, copyrighting, publishing, exhibiting, selling, or otherwise disposing of inventions, manuscripts, and/or compositions; however, the inmate must have prior approval from the responsible functional unit manager for all such items to be developed within the facility. (5) If staff assistance is not requested, no effort shall be made by any Department of Corrections employee to inhibit or hinder the inmate in legitimate efforts to patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or composition(s). Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 History: CD 32-1993, f. 12-16-93, cert. ef. 1-3-94 CD 15-1987, f. & ef. 2-6-87 CD 54-1985, f. & ef. 8-16-85 CD 38-1978, f. & ef. 12-12-78
291-119-0025 Proceeds from Invention(s), Manuscript(s), and/or Composition(s) All proceeds received by the facility in which the inmate is confined from the sale, exhibition, or other disposition of patents, copyrights, inventions, manuscripts, and/or compositions will be deposited in the inmate’s trust account in accordance with the law and the Department of Corrections rule on Trust Accounts (Inmate). Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 History: CD 32-1993, f. 12-16-93, cert. ef. 1-3-94 CD 54-1985, f. & ef. 8-16-85 CD 38-1978, f. & ef. 12-12-78
291-119-0027 Escrow Accounts (1) Whenever any person or other legal entity contracts with a representative or assignee of an inmate for the payment of money in return for the right to reenact a crime or to describe the individual’s thoughts, opinions or emotions regarding the crime in a motion picture, book, magazine, article, tape recording, phonograph record, radio or television presentation or live entertainment of any kind, the person or legal entity shall promptly submit a copy of the contract to the Department of Justice and pay to the Department any monies which would otherwise, under the terms of the contract, be paid to the accused or convicted individual, the person found guilty except for insanity or the representative or assignee of the individual in accordance with provisions of ORS 147.275. (2) The Department of Justice in accordance with ORS 147.275 shall deposit monies received in an escrow account established for the benefit of the victims or dependents of the victims of the crime for which the individual whose earnings are placed in escrow account is convicted or found guilty except for insanity. Monies in the escrow account shall be paid to satisfy judgments as provided in 147.275 or restitution orders under 137.103 to 137.109. Statutory/Other Authority: ORS 147.275, 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 147.275, 179.040, 421.095, 423.020, 423.030 & 423.075 History: CD 32-1993, f. 12-16-93, cert. ef. 1-3-94 CD 15-1987, f. & ef. 2-6-87
291-123-0005 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: The purpose of this rule is to set forth standards governing the personal appearance, personal hygiene, clothing, and sanitation of adults in custody confined in a Department of Corrections facility. (3) Policy: It is the policy of the Department of Corrections that each adult in custody be allowed to maintain their appearance within the guidelines established by these rules. It is also the policy of the Department of Corrections that safety and security considerations be given priority over individual choices. 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 7-2020, amend filed 04/30/2020, effective 04/30/2020 DOC 1-2020, temporary amend filed 01/07/2020, effective 01/07/2020 through 07/04/2020 DOC 5-2019, amend filed 02/07/2019, effective 02/07/2019 DOC 12-2013, f. & cert. ef. 11-1-13 CD 22-1993, f. 9-15-93, cert. ef. 10-1-93 CD 17-1990, f. & cert. ef. 9-17-90 CD 5-1987, f. & ef. 1-20-87 CD 17-1985, f. & ef. 8-2-85 CD 40-1981, f. & ef. 10-30-81 CD 17-1981(Temp), f. & ef. 6-30-81 CD 25-1978, f. 9-13-78, ef. 9-15-78
291-123-0010 Definitions (1) Adult in custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status. (2) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Oregon Department of Corrections. (3) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of program services or coordination of program operations. (4) Proper Hygiene Standards: Practicing a level of personal cleanliness and grooming necessary to maintain good health and to avoid body odor or bad breath. Statutory/Other Authority: ORS 423.020, 423.030, 423.075 & ORS 179.040 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 7-2020, amend filed 04/30/2020, effective 04/30/2020 DOC 1-2020, temporary amend filed 01/07/2020, effective 01/07/2020 through 07/04/2020 DOC 5-2019, amend filed 02/07/2019, effective 02/07/2019 DOC 12-2013, f. & cert. ef. 11-1-13 CD 22-1993, f. 9-15-93, cert. ef. 10-1-93 CD 17-1990, f. & cert. ef. 9-17-90 CD 5-1987, f. & ef. 1-20-87 CD 17-1985, f. & ef. 8-2-85 CD 40-1981, f. & ef. 10-30-81 CD 17-1981(Temp), f. & ef. 6-30-81 CD 25-1978, f. 9-13-78, ef. 9-15-78
291-124-0005 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: The purpose of this rule is to: (a) Specify the level of healthcare services to be provided to adults in custody (AIC) under the custody of the Department of Corrections; and (b) Establish department policies and procedures for reimbursement to those hospitals and community based healthcare professionals providing inpatient and outpatient services to AICs. (3) Policy: It is the policy of the Department of Corrections to: (a) Provide professional, quality, essential, and important healthcare services that support the health status of AICs during incarceration, including end of life care. (b) Deliver constitutionally mandated healthcare using an efficient managed care system in support of the mission of the department. (c) Ensure there is an organized system in place to provide AICs with access to care to meet their serious medical, dental, and mental health needs. (d) Conduct procedures in a clinically appropriate manner using appropriately credentialed personnel in an appropriate setting consistent with the standards for similar care provided in the community. (e) Death with Dignity Act: It is the policy of the department not to participate in or allow other health care providers to participate on its premises in the Death with Dignity Act (ORS 127.800 to 127.897). Consistent with this policy, AICs will not be permitted to access end of life counseling or drugs under the DWDA, However, the department will continue to offer AICs medically appropriate end of life care, including counseling, hospice and palliative care, through Health Services. 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 6-2020, amend filed 04/10/2020, effective 04/10/2020 DOC 3-2018, amend filed 05/03/2018, effective 05/03/2018 DOC 17-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018 DOC 16-2010, f. & cert. ef. 11-19-10 CD 19-1996, f. 11-20-96, cert. ef. 12-1-96 CD 6-1996(Temp), f. 6-28-96, cert. ef. 7-1-96 CD 18-1995, f. 9-25-95, cert. ef. 10-1-95 CD 3-1990, f. & cert. ef. 1-29-90