justicedao/ipfs_state_laws huggingface dataset:
291-130-0005 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 establish policy and procedures governing the use of the inmate telephone system. (3) Policy: The department encourages productive relationships between inmates and their families and recognizes telephone services are a positive means to strengthen ties and increase the likelihood of success upon release. (a) It is the policy of the Department of Corrections to allow inmates to make telephone calls in accordance with the procedures outlined in this rule. (b) It is the policy of the Department of Corrections that video interactive phone calls are a part of the inmate telephone system, and such calls are governed by the same policy and procedures as telephone calls. (c) Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections to permit, promote, facilitate, and encourage authorized use of telephone systems between inmates and their families, friends, and others in Department of Corrections facilities. (d) When authorized, use of the inmate telephone system in a Department of Corrections facility is permitted neither as a matter of right nor as a privilege of the inmate or the inmate’s contact party; rather, use of the telephone system in Department of Corrections facilities is permitted by the department when it furthers the inmate’s correctional planning and the department’s correctional goals and mission and is consistent with the safe, secure, and orderly management and operation of the facility. 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 12-2015, f. & cert. ef. 8-31-15 Reverted to CD 8-1993, f. 3-10-93, cert. ef. 4-1-93 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 CD 8-1993, f. 3-10-93, cert. ef. 4-1-93 CD 5-1988, f. & cert. ef. 3-21-88
291-130-0011 Operation of Inmate Telephones (1) Inmates shall provide their personal identification number (PIN) and validated voice recognition to gain access to the inmate telephone system. (a) Inmates are responsible to maintain the security of their access information. (b) An inmate may not use another inmate’s access information. (c) The department is not responsible for theft, loss, or costs related to an inmate lending his/her access information or failing to provide for its safekeeping. (d) An inmate’s PIN will be terminated if it has been lost, stolen, or if in the sole judgment of the functional unit manager or his/her designee, the PIN has been used by the inmate or another person 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, or that facilitates criminal activity. (e) If an inmate’s PIN is terminated, the department will issue the inmate a new PIN. The department may assess the inmate a PIN replacement fee. (2) Prepaid Calls: The department will establish a telephone account for each inmate. (a) Inmates may transfer funds from their trust account to their telephone account. Availability of funds in the inmate’s trust account will be verified before any transfer of funds to the telephone account. (b) An inmate shall address any issues regarding funds in his/her telephone account directly to the inmate telephone service provider. (c) Prepaid calls will disconnect when funds in an inmate’s telephone account have been depleted. (d) Inmates may obtain their individual telephone account balance through the inmate telephone system. 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 12-2015, f. & cert. ef. 8-31-15 Reverted to DOC 2-2013, f. & cert. ef. 2-22-13 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
291-130-0021 Legal Calls (1) The department shall maintain a list of legal telephone numbers entitled the “legal call list.” Inmate calls to attorneys whose telephone numbers appear on the legal call list will not be monitored or recorded by the department. The legal call list shall include the official telephone numbers of all attorneys registered with and provided to the Oregon State Bar Association, official telephone numbers of attorneys who have requested and been added to the list as specified in subsection (2) below and business telephone numbers of other organizations as deemed appropriate by department and whose communication with inmates shall be considered confidential. The list of official numbers of attorneys registered with the Oregon State Bar will be updated twice a year. (2) Upon request of an attorney whose official telephone number is not on the legal call list or upon request of the attorney’s inmate client, the department will verify the number with the appropriate state bar and add the attorney’s official telephone number to the list. However, the department will not include an attorney’s home, cell or other telephone number on the department’s legal call list that is not the attorney’s contact telephone number provided to the appropriate state bar. Inmate calls to telephone numbers not on the legal call list will be subject to monitoring or recording by the department. (3) An inmate with an active or pending case with an imminent court deadline of ten business days or less who does not have regular access to the inmate telephone system (e.g., the inmate is in disciplinary segregation or Intensive Management Unit) may be permitted a legal call to his/her attorney as approved by the officer-in-charge or the inmate’s counselor. (a) Use of Inmate Telephone System: Designated staff will make arrangements for the inmate to make the call. (b) Use of Staff Phones: Designated staff will facilitate the call and verify the identity of the person called. The staff member shall leave the area where the call is taking place; however, the inmate shall be kept under observation. The call should be placed as collect, if possible. Use of staff phones for such calls shall be held to a minimum. 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 2-2006, f. 3-10-06, cert. ef. 3-13-06
291-130-0030 Emergency Access (1) All requests for emergency telephone calls from inmates, or a member of the public due to a death or serious illness of a person with a substantial relationship to an inmate may be approved by the officer-in-charge, inmate's counselor, or the chaplain upon verification of the emergency. Designated staff will facilitate the call and verify the identity of the person called. Calls shall be monitored by staff. (2) The functional unit manager or staff specifically designated by the functional unit manager may approve other emergency calls as necessary for issues specific to the inmate. Such calls will be handled in the same manner as in section (1) above. 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 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(4) CD 5-1988, f. & cert. ef. 3-21-88
291-130-0050 Use of Institution Telephones (Inside Lines) (1) Inmates inside a facility will not answer outside lines unless specifically authorized in writing by the functional unit manager/designee. (2) Inmates authorized and assigned by a staff member may answer an institution telephone in an assigned area. Inmates so assigned shall answer by stating their title, last name, location, and saying, "May I help you." Example: "Inmate Jones, unit one, may I help you?" (3) Inmates may be assigned to make telephone calls as part of their job assignment. 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 2-2006, f. 3-10-06, cert. ef. 3-13-06 CD 8-1993, f. 3-10-93, cert. ef. 4-1-93 CD 5-1988, f. & cert. ef. 3-21-88
291-130-0060 Location of Telephones and Hours of Telephone Use (1) The functional unit manager/designee shall designate hours for inmate telephone use. (2) Telephones located in recreational areas; i.e., yard, multi-purpose, shall normally be available during the normal hours inmates are allowed access to the respective area. (3) Locations of telephones and hours for use of telephones shall be posted on unit bulletin boards and included in inmate admission and orientation material or in inmate handbooks at all Department of Corrections facilities. (4) The functional unit manager may restrict the times telephones are available to inmates to conform to line movements, scheduled inmate activities, meals, and staff availability. (5) Call durations may vary based on the physical locations of phones as established by the functional unit manager/designee. 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 2-2006, f. 3-10-06, cert. ef. 3-13-06 CD 8-1993, f. 3-10-93, cert. ef. 4-1-93 CD 5-1988, f. & cert. ef. 3-21-88
291-130-0080 Remaining Telephone Fund Balances Upon Release Remaining funds balances received from the inmate telephone service provider will be deposited to individual inmate trust accounts as per the department’s rule on Trust Accounts (OAR 291-158-0045) less a processing fee imposed by the department. Funds deposited on behalf of inmates who are indebted to the department are subject to collection as per 291-158-0065. Any remaining funds are disbursed to the inmate through the Oregon Trail card or by check. 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 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
291-131-0005 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 Department of Corrections policy and procedures governing the sending, receipt, and processing of adult in custody mail in Department of Corrections facilities. (3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health, order, and discipline, and adult in custody rehabilitation, it is the policy of the Department of Corrections (DOC) to permit adults in custody to send and receive mail in the manner, and under the circumstances, set forth in 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 27-2024, amend filed 12/20/2024, effective 01/13/2025 DOC 9-2016, f. & cert. ef. 5-10-16 DOC 13-2002, f. 9-11-02 cert. ef. 9-20-02 DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98 CD 1-1992, f. & cert. ef. 1-29-92 CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88) CD 57-1985, f. & ef. 8-16-85 CD 13-1984, f. & ef. 4-11-84 CD 27-1983, f. & ef. 7-11-83 CD 22-1983(Temp), f. & ef. 6-3-83 CD 43-1981, f. & ef. 10-30-81 CD 31-1981(Temp), f. & ef. 6-30-81 CD 28-1980, f. & ef. 8-22-80 CD 16-1980(Temp), f. & ef. 4-18-80 CD 11-1980(Temp), f. & ef. 4-10-80 CD 1-1979, f. & ef. 1-4-79
291-131-0021 Outgoing Mail Restriction (1) The department may prohibit an adult in custody from sending unwanted mail to a particular person or address when requested by the person or, in the case of a minor child, by the child's parent or legal guardian. (2) A request for outgoing mail restriction may be made by writing to the functional unit manager or designee at the Department of Corrections facility where the adult in custody is incarcerated. The written request should include any information that would assist the functional unit manager or designee in determining whether to order the outgoing mail restriction. (3) The functional unit manager or designee will notify the person requesting the outgoing mail restriction of their decision. The decision will be final and will not be subject to administrative review. If an outgoing mail restriction is ordered, the adult in custody and the person requesting the outgoing mail restriction shall be provided with a copy of the outgoing mail restriction notice (CD 618d). (4) Adults in custody may not request an outgoing mail restriction. 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 27-2024, amend filed 12/20/2024, effective 01/13/2025 DOC 9-2016, f. & cert. ef. 5-10-16 DOC 20-2001, f. & cert. ef. 12-17-01, Renumbered from 291-131-0020(6)
291-131-0026 Electronic Messaging (1) Availability and Adult in Custody Access: (a) The Department of Corrections may, in its sole discretion, authorize eligible adults in custody in certain Department of Corrections facilities to exchange electronic messages with friends and family as a non-monetary incentive, subject to the conditions and circumstances set forth in these rules and in the department’s rules on Performance Recognition and Award System (PRAS) (OAR 291-077). (b) Adults in custody that are eligible to access electronic messaging may do so in accordance with these rules, contingent upon the payment of a fee to the third-party vendor. (c) Adults in custody shall not use the electronic messaging system to correspond with other adults in custody . (2) Processing of Electronic Messages: (a) Except as otherwise provided in these rules, electronic messages will be processed in the same manner and be subject to the same standards established in these rules for the sending, receipt, and processing of other adult in custody mail. Electronic messages should be processed within two days of receipt. (b) Incoming electronic messages will be processed by an approved third-party vendor and delivered electronically to department mailrooms . Staff will review, and when necessary, print and deliver the messages to adults in custody. Outgoing electronic messages from adults in custody will be reviewed, scanned, and processed by department mailroom employees and forwarded to the approved third-party vendor for review, scanning, and posting. (c) All electronic messages will be subject to regular mail inspection and examination. No electronic message will be afforded special processing by department employees as legal mail or official mail. 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 27-2024, amend filed 12/20/2024, effective 01/13/2025 DOC 9-2016, f. & cert. ef. 5-10-16
291-131-0030 Examination and Inspection of Legal Mail and Official Mail (1) Legal mail and official mail shall be afforded special processing as provided in subsections (2) and (3) of this rule. (a) To qualify for special processing, mail that otherwise qualifies as legal mail or as official mail under OAR 291 - 131 - 0010(14) or (18), respectively, must have affixed to the addressee side of the envelope or parcel the words "LEGAL MAIL" or "OFFICIAL MAIL", as appropriate. The "LEGAL MAIL" or "OFFICIAL MAIL" designation should be set apart from both the return address and the mailing address, and should be of sufficient size, to permit easy recognition by facility mailroom employees. (b) Mail that otherwise qualifies as legal mail or as official mail but lacks the proper designation shall be processed as ordinary mail ( that is, shall be subject to inspection; for example, opening, examination, reading or photocopying) outside the adult in custody’s presence. (2) Legal mail and official mail sent from or received in a Department of Corrections facility in sealed envelopes or parcels shall be opened and examined for contraband in the presence of the adult in custody , but shall not be read or photocopied, except as authorized in subsection (3) of this rule. (3) Legal mail and official mail may be inspected ( that is, opened, examined, read or photocopied) outside of the adult in custody’s presence only when directed by the Department of Corrections facility functional unit manager or designee, and approved by the Assistant Director of Operations or the Inspector General, based on specific circumstances or specific information indicating that an adult in custody or other person has or may be in the process of violating provisions of law, department administrative rules, or may otherwise be engaged in activity that threatens or impairs the security, good order, or discipline of the facility and officials, employees , or adults in custody . (4) Legal mail and or official mail may include a single, postage-paid return envelope that meets the following criteria: (a) White, standard weight; (b) Pre-printed address and return address; and (c) Metered or other prepaid postage (other than postage stamps). 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 19-2025, amend filed 10/24/2025, effective 10/24/2025 DOC 13-2025, temporary amend filed 07/03/2025, effective 07/03/2025 through 12/29/2025 DOC 27-2024, amend filed 12/20/2024, effective 01/13/2025 DOC 9-2016, f. & cert. ef. 5-10-16 DOC 1-2008, f. & cert. ef. 1-25-08 DOC 20-2001, f. & cert. ef. 12-17-01 DOC 20-1998, f. 9-22-98, cert. ef. 12-1-98 CD 10-1993, f. 5-5-93, cert. ef. 7-1-93 CD 1-1992, f. & cert. ef. 1-29-92 CD 14-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88) CD 57-1985, f. & ef. 8-16-85 CD 27-1983, f. & ef. 7-11-83 CD 22-1983(Temp), f. & ef. 6-3-83 CD 28-1980, f. & ef. 8-22-80 CD 16-1980(Temp), f. & ef. 4-18-80 CD 11-1980(Temp), f. & ef. 4-10-80 CD 1-1979, f. & ef. 1-4-79 CD 22, f. 6-27-74, ef. 7-25-74 CD 18(Temp), f. & ef. 12-18-73 thru 4-17-74
291-131-0032 Corrections Ombudsman Mail Mail that is addressed to or from the Corrections Ombudsman shall be processed in accordance with the requirements of ORS 423.440. Specifically, a letter to the Corrections Ombudsman from an adult in custody shall be forwarded immediately, unopened, to the Corrections Ombudsman. A letter from the Corrections Ombudsman to the adult in custody shall be immediately delivered, unopened, to the adult in custody. Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075 & 423.400 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075 & 423.400 History: DOC 27-2024, adopt filed 12/20/2024, effective 01/13/2025
291-133-0005 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 137.285, 179.040, 423.020, 423.030, and 423.075, and 2007 Or Laws, Chapter 99. (2) Purpose: To establish Department of Corrections policies and procedures regarding inmate marriages or solemnization ceremonies for inmates that have established a domestic partnership, conducted in a Department of Corrections facility. (3) Policy: Within the inherent limitations of resources, and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections to permit an inmate to marry a person Department of Corrections facility, including another inmate, and to permit an inmate that has established a domestic partnership to participate in a solemnization ceremony in a Department of Corrections facility, provided that the marriage or domestic partnership is otherwise legal under Oregon law, and is not inconsistent with the safe, secure and orderly operation of a Department of Corrections facility, inmate rehabilitation, or other penological interest. 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 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 CD 22-1991, f. & cert. ef. 9-20-91 CD 48-1986, f. & ef. 11-20-86 CD 58-1985, f. & ef. 8-16-85 CD 50-1981, f. & ef. 10-30-81 CD 18-1981(Temp), f. & ef. 6-30-81 CD 31-1978, f. 10-24-78, ef. 10-25-78
291-133-0010 Definitions (1) Applicant: For the purposes of these rules, "applicant" refers to an inmate incarcerated in a Department of Corrections facility who submits a Request for Inmate Marriage or Domestic Partnership Solemnization Ceremony form. (2) Death Row Status: An inmate who has received a sentence of death and is assigned to Death Row Housing. (3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections. (4) Domestic Partner: An individual joined in a domestic partnership. (5) Domestic Partnership: A civil contract entered into in person between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon, which has been filed with the County Clerk and entered in the domestic partnership registry. (6) Immediate Family Member: As defined in the DOC rule for Visiting, OAR 291-127-0210. (7) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post prison supervision, or probation status. (8) Solemnization Ceremony: A ceremony to celebrate the establishment of a domestic partnership. 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 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 CD 22-1991, f. & cert. ef. 9-20-91 CD 48-1986, f. & ef. 11-20-86 CD 58-1985, f. & ef. 8-16-85 CD 50-1981, f. & ef. 10-30-81 CD 18-1981(Temp), f. & ef. 6-30-81 CD 31-1978, f. 10-24-78, ef. 10-25-78